Landmark Decisions

LEGAL ETHICS
ADMISSION TO THE PRACTICE OF LAW
The Supreme Court and the Philippine Bar have always tried to
maintain a high standard for the legal profession, both in academic
preparation and legal training, as well as in honesty and fair dealing. One
of the ways of achieving this end is to admit to the practice only those
persons who are known to be honest, possess good moral character, and
show proficiency in and knowledge of the law by the standard set by this
Court by passing the Bar !aminations honestly and in the regular and usual
manner. Conse"uently, any charge or insinuation of anomaly in the conduct
of Bar !aminations, of necessity is imbued with wide and general interest
and material importance. (In Re Investigation of Angel Parazo [82 Phil
230. December 3, !"8#$
PRACTICE OF LAW
The right to practice law proceeds not from the territorial
boundaries of the licensing authority but within the #urisdiction of the
licensing authority. Petitioner has confused her license to practice law in
the Philippines to include the courts of other #urisdiction located within the
Philippine territory. The $S %aval Courts &artial are courts duly constituted
and under the #urisdiction of the $S government. They are not e!tensions
of Philippine Courts. They function independently and are guided by their
own rules of procedure. (%i&ela 'argas vs. (ilcline [)o. "2 *+RA 232.
,-ne ., !8.#$
Practice of law under modem conditions consists in no small part of
work performed outside of any court and having no immediate relation to
proceedings in court. 't embraces conveyancing, the giving of legal advice
on a large variety of sub#ects, and the preparation and e!ecution of legal
instruments covering an e!tensive field of business and trust relations and
other affairs. (lthough these transactions may have no direct connection
with court proceedings, they are always sub#ect to become involved in
litigation. They re"uire in many aspects a high degree of legal skill, a wide
e!perience with men and affairs, and great capacity for adaptation to
difficult and comple! situations. These customary functions of an attorney
or counselor at law bear an intimate relation to the administration of
#ustice by the courts. %o valid distinction, so far as concerns the "uestion


set forth in the order, can be drawn between that part of the work of the
lawyer which involves appearance in court and that part which involves
advice and drafting of instruments in his office. 't is of importance to the
welfare of the public that these manifold customary functions be performed
by persons possessed of ade"uate learning and skill, of sound moral
character, and acting at all times under the heavy trust obligations to
clients which rests upon all attorneys. (+a/etano vs. 0onso&, [1.R. )o.
003, *e2tember 3,!!#$
PRACTICE OF LAW; PATENT OFFICE
&embers of the Philippine Bar authori)ed to practice law, and in
good standing, may practice their profession before the Patent Office, for
the reason that much of the business in said office involves the
interpretation and determination of the scope and application of the Patent
*aw and other laws applicable, as well as the presentation of evidence to
establish facts involved+ that part of the functions of the Patent director
are #udicial or "uasi,#udicial, so much so that appeals from his orders and
decisions are, under the law, taken to the Supreme Court. (Phili22ine
3a4/er5s Association vs. Agrava [1.R. )6. 372"2.. %ebr-ar/ .,
!8!#$
POWER OF CONGRESS TO REGULATE THE BAR
The Bar -lunkers (ct of ./01 is not a legislation+ it is a #udgment , a
#udgment promulgated by this Court during the aforecited years affecting
the bar candidates concerned+ and although this Court certainly can revoke
these #udgments even now, for #ustifiable reasons, it is no less certain that
only this Court, and not the legislative nor e!ecutive department, that may
do so. (ny attempt on the part of these departments would be a clear
usurpation of its function, as is the case with the law in "uestion. The
ultimate power to grant license for the practice of law belongs e!clusively
to this Court, and the law passed by Congress on the matter is of permissive
character, or as other authorities say, merely to fi! the minimum conditions
for the license. (In re +-nanan [!" Phil. 83" (!8"$#$
LAWYERS IN THE GOVERNMENT SERVICE
The Code of Professional 2esponsibility applies to lawyers in
government service in the discharge of their official tasks 3Canon 45. 6ust as
the Code of Conduct and thical Standards for Public Officials re"uires
public officials and employees to process documents and papers
e!peditiously and prohibits them from directly or indirectly having a


financial or material interest in any transaction re"uiring the approval of
their office, and likewise bars them from soliciting gifts or anything of
monetary value in the course of any transaction which may be affected by
the functions of their office, the Code of Professional 2esponsibility forbids
a lawyer to engage in unlawful, dishonest, immoral or deceitful conduct
32ule ..7., Code of Professional 2esponsibility5, or delay any man8s cause
9for any corrupt motive or interest9 32ule ..715. (+ollantes vs. Renomeron
[200 *+RA 88". A-g-st ., !!#$
CLERK OF COURT
There can be no "uestion that personal differences and family
problems are not lawful grounds and valid #ustification for the fre"uent
absences of an employee in the public service. Pursuant to Civil Service (ct
3P.:. %o. ;7<5, fre"uent unauthori)ed absences are grounds for disciplinary
action and the Court considers respondent=s misconduct, a dereliction of
duty and, therefore, pre#udicial to the public service. (9on. ,. +ezar
*angco vs. %rancisca 9i&algo [8" *+RA 8.. December 2:, !:!#$
LEGAL PROFESSION vs. BUSINESS
( partnership for the practice of law cannot be likened to
partnerships formed by other professionals or for business. ( partnership for
the practice of law is not a legal entity. 't is a mere relationship or
association for a particular purpose. 't is not a partnership formed for the
purpose of carrying on trade or business or of holding property.9 Thus, it has
been stated that 9the use of a nom de plume, assumed or trade name in law
practice is improper.
Primary characteristics which distinguish the legal profession from
business are>
.. ( duty of public service, of which the emolument is a
byproduct, and in which one may attain the highest eminence
without making much money.
?. ( relation as an 9officer of the court9 to the administration of
#ustice involving thorough sincerity, integrity, and reliability.
1. ( fiduciary relation to clients in the highest degree.
@. ( relation to 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. (In re */ci2 [,-l/ 30,
!:!#$
LAWYERS SIGNATURE IN A PLEADING


( lawyer=s signature in a pleading constitutes a certificate by him
that to the best of his knowledge, information and belief, there is a good
ground to support it and that it is not interposed for delay. This rule
imposes upon a lawyer the affirmative duty to check useless litigations,
willful violations of which may sub#ect him to appropriate disciplinary
action. (Aramb-lo vs. Perez [1.R. )o. 3788. A2ril 30, !":#$
CODE OF PROFESSIONAL RESPONSIBILITY
ADVERTISING THE LEGAL PROFESSION
't is highly unethical for an attorney to advertise his talents or skill
as a merchant advertises his wares. *aw is a profession and not a trade.
$nder Canon ?< of the Code of Professional thics, AThe most worthy and
effective advertisement possible, even for a young lawyer is the
establishment of a well,merited reputation for professional capacity and
fidelity to trust. This cannot be forced but must be the outcome of
character and conduct.B (;he Director of Religio-s Affairs vs. <stanislao
=a/ot [:" Phil :"!. 0arch 20, !""#$
ADVERTISING
( lawyer in making known his legal services shall use only true,
honest, fair, dignified and ob#ective information or statement of facts. Ce is
not supposed to use or permit the use of any false, fraudulent, misleading,
deceptive, undignified, self,laudatory or unfair statement or claim
regarding his "ualifications or legal services. %or shall he pay or give
something of value to representatives of the mass media in anticipation of,
or in return for, publicity to attract legal business. Prior to the adoption of
the Code of Professional 2esponsibility, the Canons of Professional thics
had also warned that lawyers should not resort to indirect advertisements
for professional employment, such as furnishing or inspiring newspaper
comments, or procuring his photograph to be published in connection with
causes in which the lawyer have been engaged or concerning the manner of
the conduct, the magnitude of the interest involved, the importance the
lawyer8s position, and all other like self,laudatory claims. (>le2 vs. 3egal
+linic [223 *+RA 3:8. ,-ne :, !!3#$
SOLICITATION OF CASES


The agreement is void because it was tantamount to malpractice
which is the practice of soliciting cases at law for the purpose of gain,
either personally or through paid agents or brokers. &alpractice ordinarily
refers to any malfeasance or dereliction of duty committed by a lawyer.
The practice of law is a profession, not a business. The lawyer may not
seek or obtain employment by himself or through others for to do so would
be unprofessional. (;an ;e? =eng vs. ;imoteo A. Davi& [2. *+RA 38!.
December 2!, !83#$
USE OF DISRESPECTFUL LANGUAGE IN THE PLEADINGS
( lawyer is an officer of the courts+ he is, like the court itself, an
instrument or agency to advance the ends of #ustice. Cis duty is to uphold
the dignity and authority of the courts to which he owes fidelity, not to
promote distrust in the administration of #ustice. 't bears emphasis that
the use in pleadings of language disrespectful to the court or containing
offensive personalities serves no useful purpose and on the contrary
constitutes direct contempt. (In Re@ Rafael +. +limaco [88 *+RA 0:.
,an-ar/ 2, !:"#$
USE OF INTEMPERATE LANGUAGE; RESPECT FOR THE JUDICIARY
The Court finds (tty. Sangco=s remarks in his motion for
reconsideration, disparaging, intemperate, and uncalled for. Cis
suggestions that the Court might have been guilty of graft and corruption in
acting on these cases are not only unbecoming, as well, as an open assault
upon the Court=s honor and integrity. 'n rendering its #udgment, the Court
yielded to the records before it, and to the records alone, and not to
outside influences, much less, the influence of any of the parties. (tty.
Sangco, as a former #udge of an inferior court, should know better that in
any litigation, one party prevails, but his success will not #ustify
indictments of bribery by the other party. Ce should be aware that because
of his accusations, he has done an enormous disservice to the integrity of
the highest tribunal and to the stability of the administration of #ustice in
general. (tty. Sangco is entitled to his opinion, but not to a license to
insult the Court with derogatory statements and recourses to argumenta ad
hominem. (,ose *angalang, et. al. vs. Interme&iate A22ellate +o-rt
[:: *+RA 8:. A-g-st 30, !8!#$
DUTY OF ATTORNEY TO BE PURE AND TO APPEAR TO BE SO
Court advise lawyers to be like Caesar8s wife D to be pure and to
appear to be so. This stern rule is designed not alone to prevent the


dishonest practitioner from fraudulent conduct, but as well as to protect
the honest lawyer from unfounded suspicion of unprofessional practice. 't is
founded on principles of public policy, on good taste. (s has been said in
another case, the "uestion is not necessarily one of the rights of the
parties, but as to whether the attorney has adhered to proper professional
standard. Eith these thoughts in mind, it behooves attorneys, like Caesar8s
wife, not only to keep inviolate the client8s confidence, but also to avoid
the appearance of treachery and double,dealing. Only thus can litigants be
encouraged to entrust their secrets to their attorneys which is of
paramount importance in the administration of #ustice. (9ila&o vs. Davi&
[8" Phil. 8:#$
DUTY OF ATTORNEY TO HONOR HIS OATH; EFFECT OF FAILURE THEREOF
(ttorneys are reminded of their solemn oath upon their admission
to the Philippine Bar that they will do no falsehood and conduct themselves
as lawyers according to the best of their knowledge and discretion with all
good fidelity to the courts and their clients. The unsatisfactory e!planation
given by (tty. :elante as against the pleadings of record in the case at bar
evinces a willful disregard of his solemn duty as an attorney to employ in
the conduct of a case such means only as are consistent with truth and
honor, and never seek to mislead the courts by an artifice or false
statement of fact or law. The Court has ever stressed that a lawyer must do
his best to honor his oath, as there would be a great detriment to, if not
failure of, the administration of #ustice if courts could not rely on the
submissions and representations made by lawyers in the conduct of a case.
(s stated by the Court in one case, 9Time and time again, lawyers have
been admonished to remember that they are officers of the court, and that
while they owe their clients the duty of complete fidelity and the utmost
diligence, they are likewise held to strict accountability insofar as candor
and honesty towards the court is concerned.9 (3iberato +asals, et. al. vs.
9on. 'icente ). +-si, ,r. [82 *+RA 88. ,-l/ 2, !:3#$
DUTY OF A LAWYER TO OBEY LAWFUL ORDERS OF THE COURT
Consistent with respondent8s failure to file an answer to the
complaint herein filed against him, he also did not appear, despite due
notice on the four occasions when the hearing of the present complaint was
set at the Office of the Solicitor Feneral. %either has respondent shown
concern or interest about the status of the complaint filed against him. The
inaction of respondent to the resolutions of this Conorable Court re"uiring
him to file his (nswer to the Complaint filed against him and his subse"uent
failure to attend the hearings on the said complaint indicate that
respondent has not obeyed the legal orders of the duly constituted


authorities and he has not conducted himself as a lawyer according to the
best of his knowledge and discretion with all good fidelity as well to the
courts as to his clients 3Sec. 1, 2ule .1;, 2ules of Court5. -urther, lawyers
are particularly called upon to obey court orders and processes. They
should stand foremost in complying with the court8s directives or
instructions being themselves officers of the court 3p. <0, *egal thics,
2uben (gpalo, ?nd d.5. This lack of concern shown by respondent regarding
the matter that involved the very foundation of his right to engage in the
practice of law would show how much less he would regard the interest of
his clients.9 ()ga/en vs. ;-ga&e [!3 *+RA ::!. !!#$
NEGLIGENCE OF COUNSEL
(s a general rule, a client is bound by his counsel8s conduct,
negligence, and mistakes in handling the case during the trial. Cowever, the
rule admits of e!ceptions. ( new trial may be granted where the
incompetency of counsel is so great that the defendant is pre#udiced and
prevented from fairly presenting his defense. Ehere a case is not tried on
the merits because of the negligence of counsel rather than the plaintiff,
the case may be dismissed but, in the interest of #ustice, without pre#udice
to the filing of a new action. Clearly, petitioner was deprived of her right
to present and prove her defense due to the negligence of her counsel. The
appearance of a certain (tty. Buen Gamar is of no moment as there was no
client,attorney relationship between him and petitioner who did not engage
his services to represent her in said cases. The fact that notices of the
promulgation of #udgment were sent to petitioner at her address of record
produced no legal conse"uence because notice to a party is not effective
notice in law. (Romina *-arez vs. +o-rt of A22eals [220 *+RA 2:".
0arch 22, !!3[$
EXCEPTION TO THE RULE THAT THE MISTAKE OF THE LAWYER BINDS THE
CLIENT
Ehile this Court is cogni)ant of the rule that, generally, a client will
suffer the conse"uences of the negligence, mistake or lack of competence
of his counsel, in the interest of #ustice and e"uity, e!ceptions may be
made to such rule, in accordance with the facts and circumstances of each
case. (dherence to the general rule would, in the instant case, result in the
outright deprivation of their property through a technicality.
The Court finds that the negligence of counsel in this case appears
to be so gross and ine!cusable. This was compounded by the fact, that after
petitioner gave said counsel another chance to make up for his omissions by
asking him to file a petition for annulment of the #udgment in the appellate
court, again counsel abandoned the case of petitioner in that after he


received a copy of the adverse #udgment of the appellate court, he did not
do anything to save the situation or inform his client of the #udgment. Ce
allowed the #udgment to lapse and become final. Such reckless and gross
negligence should not be allowed to bind the petitioner. Petitioner was
thereby effectively deprived of her day in court. ('ictoria 3egar&a vs.
+o-rt of A22eals [!8 *+RA "8. 0arch 8, !!#$
EXCEPTION TO THE RULE THAT A CLIENT IS BOUND BY THE MISTAKES OF
HIS LAWYER
Petitioner=s right to appeal should not be lost through
technicalities. Cis liberty is at stake. Ce faces a #ail term of .< years and @
months to ?7 years. 'f he has to spend this long stretch in prison, his guilt
must be established beyond reasonable doubt. Ce cannot lose his liberty
because of the gross irresponsibility of his lawyer. *osing liberty by default
of an insensitive lawyer should be frowned upon despite the fiction that a
client is bound by the mistakes of his lawyer. (Ace/or? Ag-ilar vs. +o-rt
of A22eals an& the Peo2le of the Phili22ines [280 *+RA 3:. )ovember
28, !!8#$
DUTY OF A LAWYER TO RETURN THE PROPERTY OF HIS CLIENT
ENTRUSTED TO HIM
( lawyer, under his oath, pledges himself not to delay any man for
money or malice and is bound to conduct himself with all good fidelity to
his clients. Ce is obligated to report promptly the money of his clients that
has come into his possession. Ce should not commingle it with his private
property or use it for his personal purposes without his client=s consent. Ce
should maintain a reputation for honesty and fidelity to private trust.
(%ermina 3egas2i Daro/, et. al. vs. Att/. Ramon +haves 3egas2i [.8
*+RA 30". ,-l/ 28, !:8#$
APPEARANCE OF COUNSEL
The appearance of a lawyer, as counsel for a party and his
participation in a case as such counsel does not make him a party to the
action. The fact that he represents the interests of his client or that he
acts in their behalf will not hold him liable for or make him entitled to any
award that the court may ad#udicate to the parties, other than his
professional fees. The principle that a counterclaim cannot be filed against


persons who are acting in representation of another in their individual
capacities could be applied with more force and effect in the case of a
counsel whose participation in the action is merely confined to the
preparation of the defense of his client. (0arcelo &e =orAa vs. ,-an &e
=orAa [)o. 37..22. ,-l/ 3, !8:#$
SUBSTITUTION OF ATTORNEYS; REQUISITES
The settled rule is that in order that there may be a valid
substitution of attorneys in a given case, there must be 3a5 a written
application for substitution+ 3b5 a written consent of the client+ and 3c5 a
written consent of the attorney to be substituted. 'n case the consent of
the attorney to be substituted cannot be obtained, there must at least be
proof that notice of the motion for substitution has been served upon him in
the manner prescribed by the rules.
'n law it is assumed prima facie that every attorney who appears in
court does so with sufficient authority. The fact that a second attorney
enters an appearance on behalf of a litigant does not authori)e a
presumption that the authority of the first attorney has been withdrawn,
There is no "uestion that a party may have two or more lawyers working in
collaboration as his counsel in a given litigation. Cere, petitioner8s counsel,
(tty. Has"ue), not only affirmed his continued connection with the case,
but also e!plained (tty. Cermosisima8s appearance as collaborating counsel.
Ehile it may be desirable in the interest of an orderly conduct of #udicial
proceedings, that a counsel for a party should file with the court his formal
written appearance in the case, before filing a pleading therein, or mention
in said pleading that he is submitting the same in collaboration with the
counsel of record, the mere circumstance that such acts were not done
does not warrant the conclusion that the pleading filed by such counsel has
no legal effect whatsoever. (6ng +hing vs. 9on. ,ose Ramolete, et. al.
[8 *+RA 3. 0a/ 8, !:3#$
WITHDRAWAL AS COUNSEL DE OFICIO
There was no incompatibility between the duty of petitioner to the
accused and to the court and the performance of his task as an election
registrar of the Commission on lections and that the ends of #ustice would
be served by allowing and re"uiring &r. *edesma to continue as counsel de
oficio, since the prosecution has already rested its case. The role of a
member of the Bar in the defense of an accused is indispensable. Such
consideration could have sufficed for petitioner not being allowed to


withdraw as counsel de oficio. There are times, and this is one of them,
when duty to court and to client takes precedence over the promptings of
self,interest. (Antonio 3e&esma vs. 9on. Rafael +limaco [8: *+RA ":3.
,-ne 28, !:"#$
WITHDRAWAL OF COUNSEL
't is not disputed that the Eithdrawal of (ppearance of (tty. 6ose
6imene), 6r. was filed with the trial court on -ebruary .?, .//.. Since the
withdrawal was with the client=s consent, no approval thereof by the trial
court was re"uired because a court approval is indispensable only if the
withdrawal is without the client=s consent. The retirement is completed
once the withdrawal is filed in court. %o further action thereon by the
court is needed other than the mechanical act of the clerk of court of
entering the name of the new counsel in the docket and of giving written
notice thereof to the adverse party. The failure of the clerk of court to do
either does not affect the validity of the retirement. The appearance of
the new counsel, (tty. Pineda, did not likewise re"uire the approval of the
court. (n appearance may be made by simply filing a formal motion, plea
or answer, or through the formal method, vi)., by delivering to the clerk of
court a written direction ordering him to enter the appearance of the
counsel. The latter method is e!actly what (tty. Pineda followed. (<loisa
Aramb-lo, et. al. vs. +o-rt of A22eals an& <ngr. Danilo %erreras [22.
*+RA 88!. *e2tember :, !!3#$
ATTORNEYS FEES
Ehen there was no e!press agreement between petitioner Corpus
and respondent :avid as regards attorney=s fees, the facts of the case
support the position of respondent :avid that there was at least an implied
agreement for the payment of attorney=s fees. Petitioner=s act of giving the
check of P?,777.77 through his (pril .;, ./4? letter to respondent :avid
indicates petitioner=s commitment to pay the former attorney=s fees, which
is stressed by e!pressing that A' wish ' could give more but as you know we
were banking on a SC decision reinstating me and reimbursing my back
salaries.B This last sentiment constitutes a promise to pay more upon his
reinstatement and payment of his back salaries. The absence of an e!press
contract for attorney=s fees between respondent :avid and petitioner
Corpus is no argument against the payment of the attorney=s fees,
considering their close relationship which signifies mutual trust and
confidence between them. (0arino +or2-s vs. +o-rt of A22eals an&
,-an ;. Davi& [!8 *+RA "2". ,-ne 30, !80#$


B>A);>0 0<R>I;
This court has repeatedly fi!ed counsel fees on a quantum meruit
basis whenever the fees stipulated appear e!cessive, unconscionable, or
unreasonable, because a lawyer is primarily a court officer charged with
the duty of assisting the court in administering impartial #ustice between
the parties, and hence, his fees should be sub#ect to #udicial control. %or it
should be ignored that sound public policy demands that courts disregard
stipulations for counsel fees whenever they appear to be a source of
speculative profit at the e!pense of the debtor or mortgagor. (=achrach vs.
1olingco, 3! Phil. 38 (!8$#$
CONTINGENT FEE CONTRACT
(n attorney hired on a contingent arrangement and whose services
were terminated by his clients because of his refusal to represent them in
the out of court settlement of their claims, has no right to interfere in the
implementation of the settlement agreement in his efforts to collect
attorney=s fees not due him. (+elia =. +h-a, et. al. vs. )ational 3abor
Relations +ommission [!0 *+RA 88". 6ctober :, !!0#$
RETAINING LIEN
Construing Section 1< of 2ule .1; of the 2evised 2ules of Court,
there is no "uestion that a lawyer has a retaining lien upon the funds,
documents and papers of his client that may have lawfully come into his
possession until his lawful fees are duly paid. Cowever, where the
appellant lawyer was appointed by the former administrator of the estate
and such appointment was not in pursuance to any court order, nor was it
approved by the probate court, it should be regarded as an act personal to
the administrator. The creation of professional relationship between the
appellant and the administrator did not, therefore, make the estate also a
client of the said lawyer. Conse"uently, the appellant cannot claim to have
a retaining lien over any funds, papers or documents belonging to the
estate, even if these properties may have come into his possession in the
course of his work as such counsel for the administrator. (;estate <state
of Ama&eo 0at-te Re Inci&ent on the Retaining 3ien of Att/. Antonio
<nrile Inton vs. ,-lian 'illan-eva 0at-te [: *+RA 00. A-g-st 3,
!..#$
INTEGRATED BAR OF THE PHILIPPINES


MEMBERSHIP IN THE INTEGRATED BAR OF THE PHILIPPINES
To compel a lawyer to be a member of the 'ntegrated Bar is not
violative of the constitutional freedom to associate. ( lawyer becomes a
member of the Bar when he passed the Bar !aminations. (ll that
integration actually does is provide an official national organi)ation for the
well,defined but unorgani)ed and incohesive group of which every lawyer is
already a member. The Supreme Court, in order to further the State=s
legitimate interest in elevating the "uality of professional legal services,
may re"uire that the cost of improving the profession in this fashion be
shared by the sub#ects and beneficiaries of the regulatory program D the
lawyers. (In Re Att/. 0arcial A. <&illon [8" *+RA 88". A-g-st 3, !:8#$
SUSPENSION AND DISBARMENT
DISBARMENT
That the misconduct committed by (tty. (lmacen is of considerable
gravity cannot be overemphasi)ed. Cowever, heeding the stem in#unction
that disbarment should never be decreed where a lesser sanction would
accomplish the end desired, and believing that it may not perhaps be futile
to hope that in the sober light of some future day, (tty. (lmacen will reali)e
that abrasive language never fails to do disservice to an advocate and that
in every effervescence of candor there is ample room for the added glow of
respect, it is our view that suspension will suffice under the circumstances.
Cis demonstrated persistence in his misconduct by neither manifesting
repentance nor offering apology therefor leave us no way of determining
how long that suspension should last and, accordingly, we are impelled to
decree that the same should be indefinite. (In Re Almacen [3 *+RA 8.2.
%ebr-ar/ 8, !:0#$
TO BE EXERCISED WITH GREAT CAUTION
The power to disbar must be e!ercised with great caution. Only in
a clear case of misconduct that seriously affects the standing and character
of the lawyer as an officer of the Court and member of the bar will
disbarment be imposed as a penalty. 't should never be decreed where a
lesser penalty, such as temporary suspension, would accomplish the end
desired. (0ontano vs. Integrate& =ar of the Phili22ines [A.+. )o. "28,
2 0a/ 200, 388 *+RA #$


DUTY AND RIGHT OF COURT TO INSTITUTE UPON ITS OWN MOTION
SUSPENSION OR DISBARMENT PROCEEDINGS WHEN CIRCUMSTANCES
DEMAND THE FILING THEREOF
't should be observed that proceedings for the disbarment of
members of the bar are not in any sense a civil action where there is a
plaintiff and the respondent is a defendant. :isciplinary proceedings involve
no private interest and afford no redress for private grievance. They are
undertaken and prosecuted solely for the public welfare. They are
undertaken for the purpose of preserving courts of #ustice from the official
ministration of persons unfit to practice in them. The attorney is called to
answer to the court for his conduct as an officer of the court. The
complainant or the person who called the attention of the court to the
attorney8s alleged misconduct is in no sense a party, and has generally no
interest in the outcome e!cept as all good citi)ens may have in the proper
administration of #ustice. The court may therefore act upon its own motion
and thus be the initiator of the proceedings, because, obviously the court
may investigate into the conduct of its own officers. 'ndeed it is not only
the right but the duty of the Court to institute upon its own motion, proper
proceedings for the suspension or the disbarment of an attorney, when from
information submitted to it or of its own knowledge it appears that any
attorney has so conducted himself in a case pending before said court as to
show that he is wanting in proper measure of respect for the court of which
he is an officer, or is lacking in the good character essential to his
continuance as an attorney. This is for the protection of the general public
and to promote the purity of the administration of #ustice. (Alfre&o ;eAan
vs. 9on. 'icente ). +-si, ,r. [8: *+RA 8". 0a/ 30, !:"#$
CODE OF JUDICIAL CONDUCT
PROPRIETY
The three 315 meetings by 6udge (bastillas with interested parties
who had a stake on the outcome of the criminal case and the recorded
telephone conversation where said cases were discussed manifested 6udge
(bastillas= willingness, nay, propensity to enter into deals with motivation
incongruous to the merits of the cases pending before him. 6udge (bastillas


committed serious misconduct no less. 't is peculiarly essential that the
system for establishing and dispensing #ustice be developed to a high
degree of proficiency, to gain the absolute confidence of the public in the
integrity and impartiality of its administration, because appearance is as
important as reality, so much so that a #udge, like Cesar=s wife, must not
only be pure but beyond suspicion. J!"#s!# L$$ %#& S!##' M!($#! vs.
H!#. R$#%)! E. A*%s)+,,%s -./0 SCRA .1. J2,' 334 311056
INHIBITION OF JUDGES
'nhibition is not allowed at every instance that a friend, classmate,
associate or patron of a presiding #udge appears before him as counsel for
one of the parties to a case. 9$tang na loob9, per se, should not be a
hindrance to the administration of #ustice. %or should recognition of such
value in Philippine society prevent the performance of one8s duties as
#udge. Cowever, where, as in this case, the #udge admits that he may be
suspected of surrendering to the persuasions of utang na loob or he may
even succumb to it considering that he 9and the members of his family, no
less, shall ever remain obliged in eternal gratitude to 6ustice 2eyes9, the
negative answer to the "uestion of #udge li)aga yields to e!ceptions in
e!traordinary cases. (,-&ges 0asa&ao an& <lizaga Re@ +riminal +ase )o.
"!8"70$
( #udge may not be legally prohibited from sitting in a litigation,
this when suggestion is made of record that he might be induced to act in
favor of one party or with bias or pre#udice against a litigant arising out of
circumstances reasonably capable of inciting such a state of mind, he,
should conduct a careful self,e!amination. Ce .should e!ercise his
discretion in a way that the people8s faith in the courts of #ustice is not
impaired. ( salutary norm is that he reflect on the probability that a losing
party might nurture at the back of his mind the thought that the #udge had
unmeritoriously, tilted the scales of 6ustice against him. That passion on the
part of a #udge may he generated because of serious charges of misconduct
against him by a suitor or his counsel. is not altogether remote. Ce is a
man, sub#ect to the frailties of other men. Ce should, therefore, e!ercise
great care and caution before making up his mind to act or withdraw from a
suit where that party or counsel is involved. Ce could in good grace inhibit
himself where that case could be heard by another #udge and where no
appreciable pre#udice would be occasioned to others involved thereon. On
the result of his decisions to sit or not to sit may depend to a great e!tent
that all,important confidence in the impartiality of the #udiciary. 'f after
reflection he should resolve to voluntarily desist from sitting in a case
where his motives or fairness might be seriously impugned, his action is to
be interpreted as giving meaning and substance to the second paragraph of


Section ., 2ule .1<. Ce serves the cause of the law who forestalls
miscarriage of #ustice. (Pimentel v. *alanga [2 *+RA .0#$
DISQUALIFICATION OF JUDGES
(tty. Calanog appears to be sincerely repentant. Ce describes the
effect of the decision in this case as a Ahealing surgeryB for him. (tty.
Calanog is a relatively young man of 0@. 'f his contributions during the four
years that he was an 2TC 6udge were any measure of his potentiality for
public service, he has productive years still ahead of him which should not
be foreclosed. The penalty of dis"ualification from appointment to any
public office should be lifted so that the opportunity for public service in
other fields may be opened to him. Cis return to the #udiciary may not be
feasible at this time considering the recency of our decision, but certainly
in the vast field of public service there should be room for the gainful
employment of his talents. 'ndeed in the past this Court showed
compassion in imposing penalties, taking into account the peculiar
circumstances of the case. E77% C%s)+,,! vs. J2&8$ M%#2$, M. C%,%#!84
J(. -./1 SCRA .9:. D$;$7*$( 394 311056
Most Frequently Asked Bar Questions
PRACTICE OF LAW
PRACTICE OF LAW 31:<4 311/4 311<4 31194 311=4 .>>>4 .>>.6
Q2$s)+!# N!. 3?
W"%) &! '!2 2#&$(s)%#& *' @A(%;)+;$ !B ,%CDE
A#sC$(?
Fenerally, to engage in the practice of law is to do any of those
acts which are characteristics of the legal profession. 't embraces any


activity, in or out of court, which re"uires the application of law, legal
principle, practice or procedure and calls for legal knowledge, training and
e!perience. 't involves the carrying on of the calling of an attorney, usually
for gain, acting in a representative capacity and rendering service to
another. ngaging in the practice of law presupposes the e!istence of an
attorney,client relationship. Cence, where a lawyer undertakes an activity
which re"uires knowledge of law but involves no attorney,client
relationship, such as teaching law or writing law books or articles, he
cannot be said to be engaged in the practice of his profession as a lawyer.
Q2$s)+!# N!. .?
A. Is )"$ A(%;)+;$ !B ,%C % (+8") !( % A(+v+,$8$E
B. D!$s )"$ ,$8+s,%)2($ "%v$ )"$ A!C$( )! ($82,%)$ %&7+ss+!# )!
)"$ *%( %#& )"$ A(%;)+;$ !B ,%CE
A#sC$(?
A. The practice of law is basically a
privilege because it is limited to persons of good moral character with
special "ualifications duly ascertained and certified. Thus, only those
persons are allowed to practice law, who by reason of attainments
previously ac"uired through education and study, have been recogni)ed by
the courts as possessing profound knowledge of legal science. (ttorneys are
the court=s constituency D to aid it in the administration of #ustice.
B. Congress under the ./;< Constitution has no power to regulate
admission to the Bar and the practice of law. $nlike the ./10 and ./<1
Constitutions, the ./;< constitution no longer provides for the power of the
legislature to repeal, alter and supplement the rules promulgated by the
Supreme Court. $nder the ./10 Constitution, the legislature had the power
to repeal or alter the rules promulgated by the Supreme Court although the
power and the responsibility to admit members of the bar resides in the
Supreme Court. $nder the ./;< Constitution, however, the Supreme Court
has the e!clusive power to promulgate rules concerning the enforcement of
rights, pleadings and practice and procedures of all courts and the
admission to the practice of law.
DUTIES OF A LAWYER 31:<4 31::4 31104 .>>>4 .>>06
Q2$s)+!# N!. /?
B$+#8 % ,%C'$( %#&F!( % 7$7*$( !B )"$ *%( +s %# $G;$A)+!#%,
A(+v+,$8$ C!()" %sA+(+#8 B!( %,)"!28" +) $#)%+,s % ,!) !B ($sA!#s+*+,+)+$s
%#& !*,+8%)+!#s %6 )! )"$ ;!2(); *6 )! B$,,!C ,%C'$(s; ;6 )! )"$ ;,+$#)s;


%#& ,%s),' &6 )! )"$ A2*,+; +# 8$#$(%,. B(+$B,' &+s;2ss )"$s$ !*,+8%)+!#s
%#& ($sA!#s+*+,+)+$s.
A#sC$(?
A. -irst and foremost among the duties of the lawyer is his duty to the
court. The chief mission of an attorney is to assist in the administration of
#ustice. To this end, his client=s success in the case is subordinate. Cis
primary responsibility is to uphold the cause of #ustice.
Thus, the lawyer takes orders from the court and not from his
client. The lawyer must always maintain respect to the court. Ce must use
respectful language. Ce must defend the dignity and respect to the court.
Ce must also cooperate with the court by being ready with his case and by
being punctual and candid with the court.
B. The lawyer must maintain harmonious relations with the members
of the bar. Ce must be candid and courteous with fellow lawyers. Ce
should deal fairly and s"uarely with others and not take undue advantage
over them. %o ill,feeling must be entertained by him against the lawyer of
an adverse party. (ccording to the Supreme Court in People vs. Sesbreno,
clients, not the lawyers, are the litigants so that all personalities between
counsel and client should be avoided.
Ce should also be a respectable member of the 'BP and other bar
associations. Ce must not encroach upon professional employment. Ce
should not solicit cases and advertise his profession.
C. The lawyers owes entire devotion to his client, to protect his
interest within the bounds of law and legal ethics. Ce must be candid with
his client and advice him properly if he has no valid cause of action.
The lawyer must also maintain absolute trust and not to demand
unconscionable attorney=s fees. Ce should not reveal information obtained
from him given in secrecy. *ikewise, he should not purchase the property
which is the sub#ect matter of litigation. Ce should not appear for
conflicting interest.
D. The attorney=s duties to the public is that he should set an e!ample
as a law abiding citi)en and give due respect to the lawful authorities. Ce
should not instigate unnecessary lawsuits.
One important duty of the lawyer especially at this time is to
defend cases of indigent litigants for free. Ce must take active part in free
legal aid services.
PROHIBITED APPEARANCE 311>4 31194 .>>>6
Q2$s)+!# N!. 0?


J2s)+;$ C ($;$#),' ($)+($&. T"$ A%($#)s !B )"$ v+;)+7s !B )"$
OHONE D+s;! )(%8$&' ($)%+#$& "+7 +# )"$ ;%s$ B!( &%7%8$s C"+;" )"$'
B+,$& %8%+#s) )"$ !C#$(s !B )"$ D+s;!4 Q2$I!# C+)' !BB+;+%,s %#& Q2$I!#
C+)'. C%# "$ %AA$%( %s ;!2#s$, B!( )"$ v+;)+7s A%($#)sE EGA,%+#.
A#sC$(?
Section . of 2epublic (ct %o. /.7, as amended, provides that Ait is
a condition of the pension provided for herein that no retiring #ustice or
#udge of a court of record or city or municipal #udge during the time that he
is receiving the said pension shall appear before any court in any civil case
wherein the government or any subdivision or instrumentality thereof is the
adverse party or in any criminal case wherein an officer or employee of the
government is accused of an offense committed in relation to his office, or
collect any fee for his appearance in any administrative proceedings to
maintain an interest adverse to the Fovernment, national, provincial, or
municipal, or to any of its legally instituted officers.B 'nasmuch as the case
being offered to 6ustice C is a civil case against not only the disco itself,
but also against Iue)on City and its officials, he will be violating the
aforesaid condition if he appears as counsel for the victim=s parents in the
said case.
APPEARANCE OF NONJLAWYERS 311/4 311<4 31194 31114 .>>.6
Q2$s)+!# N!. <?
G$#$(%,,'4 !#,' )"!s$ C"! %($ 7$7*$(s !B )"$ *%( ;%# %AA$%( +#
;!2(). A($ )"$($ $G;$A)+!#s )! )"+s (2,$E EGA,%+#.
A#sC$(?
The e!ceptions to the rule that only those who are members of the
bar can appear in court are the following>
a5 'n the municipal trial court, a party may conduct his litigation
in person or with the aid of an agent or a friend (Sec. 34, Rule
138).
b5 'n any other court, a party may conduct his litigation personally
(id.), e!cept in criminal cases for grave felonies where a party
must be represented by a counsel.
c5 'n criminal proceedings before a municipal trial court in a
locality where a duly licensed member of the bar is not
available, the court may in its discretion admit or assign a
person, resident of the province of good repute for probity and
ability, to aid the defendant in his defense, although the person
assigned is not a duly authori)ed member of the bar (Sec. 4,
Rule 11).
d5 (ny official or other person appointed or designated in
accordance with the law to appear for the Fovernment of the


Philippines shall have all the rights of a duly authori)ed member
of the bar to appear in any case which said government has an
interest, direct or indirect (Sec. 33, Rule 138).
e5 ( senior law student who is enrolled in a recogni)ed law
school=s clinical education program approved by the Supreme
Court may appear before any court without compensation, to
represent indigent clients accepted by the *egal Clinic of the
law school (Rule 138!").
f5 %on,lawyers may appear before the %*2C or any *abor (rbiter if
they represent themselves or their labor organi)ation or
members thereof ("rt. ###, $abor %ode).
g5 $nder the Cadastral (ct, a non,lawyer can represent a claimant
before the cadastral court (Sec. &, "ct ##'&).
CHAMPERTOUS CONTRACT 31::4 311>4 31114 .>>>6
Q2$s)+!# N!. 9?
A))'. As s$(v+;$s %s % ,%C'$( C$($ $#8%8$& *' B )! ($;!v$( B(!7
C ;$()%+# ;!#s)(2;)+!# 7%)$(+%,s %#& $K2+A7$#). B$;%2s$ B &+& #!) "%v$
)"$ 7$%#s )! &$B(%' )"$ $GA$#s$s !B ,+)+8%)+!# "$ A(!A!s$& )! A))'. A
)"%) "$ A6 s"!2,&$(s %,, $GA$#s$s !B )"$ ,+)+8%)+!# %#& "$ B6 C!2,& A%'
"+7 A6 % A!()+!# !B )"$ ;!#s)(2;)+!# 7%)$(+%,s %#& $K2+A7$#) )! *$
($;!v$($& %s ;!7A$#s%)+!# B!( "+s A(!B$ss+!#%, s$(v+;$s. M%' A))'. A
;!(($;),' %8($$ )! s2;" %((%#8$7$#)E
A#sC$(?
%o, (tty. ( may not correctly agree to such an agreement. Such an
agreement would constitute a champertous contract which is considered
void due to public policy, because it would make him ac"uire a stake in the
outcome of the litigation which might lead him to place his own interest
above that of the client 3(autista vs. )on*ales, 18# S%R" 1'1). (
champertous contract is one in which a lawyer undertakes to prosecute a
case, and bear all the e!penses in connection therewith without right of
reimbursement, and will be paid his fees by way of a portion of the
property or amount that may be recovered, contingent on the success of his
efforts. 't is different from a contingent fee contract, which is valid, in
which the lawyer will also be paid depending on the success of his efforts,
but he does not undertake to shoulder all the e!penses in the case. Ce may
advance such e!penses but always sub#ect to reimbursement by his client.
Q2$s)+!# N!. =?
Is % ;!#)+#8$#;' B$$ ;!#)(%;) #!) v+!,%)+v$ !B A()+;,$ 3013 !B )"$
C+v+, C!&$E


A#sC$(?
%o, because the litigation is already terminated.
FORUM SHOPPING 31134 311<4 311=4 311:4 .>>.4 .>>/6
Q2$s)+!# N!. :?
W"%) +s '!2( 2#&$(s)%#&+#8 !B B!(27 s"!AA+#8E W"%) %($ )"$
A!ss+*,$ ;!#s$K2$#;$sE
A#sC$(?
-orum shopping is the improper practice of filing several actions or
petitions in the same or different tribunals arising from the same cause and
seeking substantially identical reliefs in the hope of winning in one of them.
The possible conse"uences of forum shopping are>
.. Summary dismissal of the multiple petition or complaint+
?. Penalty for direct contempt of court on the party and his
lawyer+
1. Criminal action for a false certification of non forum shopping+
@. :isciplinary proceedings for the lawyer concerned. (Sec. ', Rule
+ 1&&+ Rules o, %ivil Procedure)
PROSECUTORS DUTY 31:94 311.4 .>>36
Q2$s)+!# N!. 1?
P(!s$;2)!( D%#+$, M%(K2+#$I C%s %ss+8#$& )! "%#&,$ % ;%s$ B!(
"!7+;+&$. AB)$( +#)$(v+$C+#8 )"$ C+)#$ss$s B!( )"$ A(!s$;2)+!# %#&
%sL+#8 )"$7 )! #%((%)$ )! "+7 )"$ +#;+&$#) )"%) ;%2s$& )"$ &$%)" !B )"$
v+;)+74 "$ ;%7$ )! )"$ ;!#;,2s+!# )"%) )"$ %;;2s$& C%s ($%,,' 82+,)'.
H!C$v$(4 )"$ v$(s+!# !B !#$ $'$C+)#$ss s"!C$& )"%) )"$ %;;2s$& %;)$&
+# s$,BJ&$B$#s$.
IB '!2 C$($ )"$ A(!s$;2)!(4 C!2,& '!2 A,%;$ s%+& $'$ C+)#$ss !#
)"$ C+)#$ss s)%#&E W"'E
A#sC$(?
$nder the ordinary rules on trial techni"ue, the prosecutor should
not place the eyewitness on the witness stand.
Cowever, based on the real mission of a lawyer which is to assist
the court in the administration of #ustice, the prosecutor is bound to
present the eyewitness in order that the court can properly appreciate the
evidence and to decide on the real merit of the case.
( public prosecutor is a "uasi,#udicial officer. Ce is the
representative not of an ordinary party to a controversy, but of a
sovereignty whose obligation to govern impartially is as compelling as its


obligation to govern at all and whose interest, therefore, in a criminal
prosecution is not that it shall win the case but #ustice shall be done. (
prosecutor complies with his mission as a lawyer even if the man he is
prosecuting is ac"uitted in accordance with law and #ustice.
Canon 4, 2ule 4.7. of the Code of Professional 2esponsibility
provides that the primary duty of a lawyer engaged in public prosecution is
not to convict but to see that #ustice is done. The suppression of facts or
the concealment of witnesses capable of establishing the innocence of the
accused is highly reprehensible and is cause for disciplinary action.
NOTARY PUBLIC 31:14 311<4 31194 311:6
Q2$s)+!# N!. 3>?
3. W"%) %($ )"$ A!C$(s %#& &2)+$s !B % #!)%(' A2*,+;E
.. W"%) +s )"$ $G)$#) !B )"$ M2(+s&+;)+!# !B % #!)%(' A2*,+;E
/. W"! ;%# ($v!L$ "+s #!)%(+%, ;!77+ss+!#E
A#sC$(?
.. a. ( notary public is empowered to do the following acts>
.. (cknowledgments+
?. Oaths and affirmations+
1. 6urats+
@. Signature witnessings+
0. Copy certifications+ and
4. (ny other act authori)ed by these 2ules.
b. ( notary public is authori)ed to certify the affi!ing of a
signature by thumb or other mark on an instrument or document
presented for notari)ation if>
.. The thumb or other mark is affi!ed in the presence of the
notary public and of two 3?5 disinterested and unaffected
witnesses to the instrument or document+
?. Both witnesses sign their own names in addition to the
thumb or other mark+
1. The notary public writes below the thumb or other mark>
AThumb or Other &ark affi!ed by 3name of signatory by
mark5 in the presence of 3names and addresses of
witnesses5 and undersigned notary publicB, and
@. The notary public notari)es the signature by thumb or other
mark through an acknowledgment, #urat or signature
witnessing.
c. ( notary public is authori)ed to sign on behalf of a person who is physically unable to sign
or make a mark on an instrument or document if>
.. The notary public is directed by the person unable to sign
or make a mark to sign on his behalf+


?. The signature of the notary public is affi!ed in the presence
of two 3?5 disinterested and unaffected witnesses to the
instrument or document+
1. Both witnesses sign their own names+
@. The notary public writes below his signature> ASignature
affi!ed by notary in the presence of 3names and addresses
of person and two 3?5 witnesses5B, and
0. The notary public notari)es his signature by
acknowledgment or #urat
The duties of a notary public are the following>
1. To keep a notarial register+
#. To make the proper entry or entries in his notarial register
touching his notarial acts in the manner re"uired by the
law+
3. To send the copy of the entries to the proper clerk of court
within the first .7 days of the month ne!t following+
4. To affi! to acknowledgments the date of e!piration of his
commission, as re"uired by law+
'. To forward his notarial register, when filled, to the proper
clerk of court+
. To make report, within a reasonable time, to the proper
#udge concerning the performance of his duties, as may be
re"uired by such #udge+
+. To make the proper notation regarding residence
certificates.
?. The #urisdiction of a notary public in a province shall be co,
e!tensive with the province. The #urisdiction of a notary public in the City
of &anila shall be co,e!tensive with said city. %o notary shall possess
authority to do any notarial act beyond the limits of his #urisdiction.
1. The notarial commission may be revoked by the !ecutive 6udge of
the 2egional Trial Court who issued the commission or by the Supreme Court
itself for any ground on which an application for a commission may be
denied.
'n addition, the !ecutive 6udge may revoke the commission of or
impose sanctions upon any notary public who>
a. -ails to keep a notarial register+
b. -ails to make the appropriate entry or entries in his notarial
register concerning his notarial acts+
c. -ails to send the copy of the entries to the !ecutive 6udge
within the first ten 3.75 days of the month following+
d. -ails to affi! to acknowledgments the date of e!piration of his
commission+


e. -ails to submit his notarial register, when filled, to the
!ecutive 6udge+
f. -ails to make his report, within a reasonable time, to the
!ecutive 6udge concerning the performance of his duties, as
may be re"uired by the 6udge+
g. -ails to re"uire the presence of the principal at the time of the
notarial act+
h. -ails to identify a principal on the basis of personal knowledge
or competent evidence+
i. !ecutes a false or incomplete certificate under Section 0,
2ule 'H+
#. Jnowingly performs or fails to perform any other act prohibited
or mandated by these 2ules+ and
k. Commits any other dereliction or act which in the #udgment of
the !ecutive 6udge constitutes good cause for the revocation
of the commission or imposition of administrative sanction
3".-. .o. /#!8!13!S%0 Rules on .otarial Practice o, #//45.
Q2$s)+!# N!. 33?
T"$ %8($$7$#) *$)C$$# )"$ $s)(%#8$& "2s*%#& %#& C+B$
A(!v+&$& B!(4 %7!#8 !)"$(s4 )"$ ,+K2+&%)+!# !B )"$ ;!#M28%, A%()#$(s"+A
!B 8%+#s4 ;2s)!&' !B )"$ ;"+,&($#4 %#& s2AA!() !B )"$ ;"+,&($#. I# )"$
s%7$ %8($$7$#)4 )"$ ;!2A,$ C%+v$& )"$ (+8") )! A(!s$;2)$ $%;" !)"$(
B!( *+8%7'4 %&2,)$('4 ;!#;2*+#%8$ %#& C"%)$v$( %;)s !B +#B+&$,+)'. T"$($
C%s %,s! % ;!#&!#%)+!# A(!v+s+!#. T"$ %8($$7$#) C%s A($A%($& %#&
#!)%(+I$& *' % ,%C'$( C"! C%s )"$ *$s) 7%# %) )"$ C$&&+#8. W"%) %($
)"$ ,+%*+,+)+$s4 +B %#'4 !B )"$ ,%C'$(E EGA,%+# '!2( %#sC$(.
A#sC$(?
The document e!ecuted by the spouses is immoral and contrary to
law. the lawyer who drafted and notari)ed all said documents committed
malpractice and can be disbarred or suspended. (lthough the principal duty
of the notary public is to ascertain the identity of the parties and the
voluntariness of the declaration, it is nevertheless incumbent upon him to
guard against any illegal or immoral agreement, especially so in this case
involving marriage, a social institution which should remain inviolable.
CODE OF PROFESSIONAL RESPONSIBILITY
ADVERTISING 31:14 311/4 31104 31194 311=4 311:4 .>>34 .>>.4 .>>/6


Q2$s)+!# N!. 3.?
3. Y!2 %($ % '!2#84 *(+,,+%#) %#& A(!7+s+#8 ,%C'$(. U#B!()2#%)$,'4
)"$s$ K2%,+)+$s &! #!) s$$7 )! %))(%;) %s 7%#' ;,+$#)s %s '!2 C+s". Y!2(
B(+$#& s288$s)$& )"%) '!2 %&v$()+s$. H$ M2s) %((+v$& B(!7 )"$ S)%)$s %#&
"%s s$$# A(+#) %#& )$,$v+s+!# %&v$()+s$7$#)s !B ,%C'$(s. W"%) L+#& !B
%&v$()+s+#84 +B %#'4 ;%# '!2 &!E EGA,%+# '!2( %#sC$(E
..A))'. D2,;+#$% C(+)$s % ($82,%( ;!,27# +# % #$CsA%A$( !B
8$#$(%, ;+(;2,%)+!# %#& %()+;,$s !# 2#B!(8$))%*,$ ,$8%, s)!(+$s +# % ,$%&+#8
7%8%I+#$. H$( *'J,+#$ %,C%'s +#;,2&$s )"$ #%7$ !B "$( B+(7 C"$($ s"$ +s
% #%7$ A%()#$(. W!2,& '!2 ;!#s+&$( )"+s %s +7A(!A$( %&v$()+s+#8E
EGA,%+# '!2( %#sC$(.
A#sC$(?
.. The ethics of the profession forbids a lawyer to solicit
professional employment by circulars and advertisements. ven indirect
advertisements for professional employment offend the traditions and
lower the dignity of the legal profession. The lawyer may make
announcement of true, honest, fair, dignified and ob#ective information or
statement of facts 3Canon 15.
?. (tty. :ulcinea=s by,line including the firm name where she
belongs is improper because it is an indirect way of solicitation or is an
advertisement of the law firm.
DUTY NOT TO ENCROACH UPON EMPLOYMENT OF A COLLEAGUE 31:14
311=4 .>>36
Q2$s)+!# N!. 3/?
Y!2 %($ )"$ ;!2#s$, !B K +# "+s %;)+!# B!( sA$;+B+; A$(B!(7%#;$
%8%+#s) DEV4 I#;.4 % s2*&+v+s+!# &$v$,!A$( C"+;" +s ($A($s$#)$& *' A))'.
L. '!2( ;,+$#) *$,+$v$s )"%) )"$ A($s+&$#) !B DEV4 I#;. C!2,& *$ C+,+#8 )!
;!#s+&$( %# %7+;%*,$ s$)),$7$#) %#& '!2( ;,+$#) 2(8$s '!2 )! &+s;2ss )"$
7%))$( C+)" DEV4 I#;. C+)"!2) )"$ A($s$#;$ !B A))'. L C"!7 "$
;!#s+&$($& )! *$ %# +7A$&+7$#) )! %# $%(,' ;!7A(!7+s$. W!2,& +) *$
%,(+8") B!( '!2 )! #$8!)+%)$ )"$ )$(7s !B )"$ ;!7A(!7+s$ %s s! s288$s)$&
%*!v$ *' '!2( ;,+$#)E
A#sC$(?
%o. 2ule ;.7?, Canon ; of the Code of Professional 2esponsibility
provides that Aa lawyer shall not, directly or indirectly, encroach upon the
professional employment of another lawyer.B Canon / of the Code of
Professional thics is more particular. A( lawyer should not in any way
communicate upon the sub#ect of the controversy with a party represented


by counsel, much less should he undertake to negotiate or compromise the
matter with him but should deal only with his counsel.B 'n the case if
$i1ong vs. $im, #3' S%R" 414, a lawyer was suspended for negotiating a
compromise agreement directly with the adverse party without the
presence and participation of her counsels.
RESPECT DUE TO THE COURT 31:94 31:=4 31::4 311=6
Q2$s)+!# N!. 30?
W"$# +s % A2*,+; ;!77$#) %#& ;(+)+;+s7 !B % ;!2() &$;+s+!#
A$(7+ss+*,$ %#& C"$# C!2,& +) *$ +7A(!A$(E
A#sC$(?
( lawyer, like every citi)en, en#oys the right to comment on and
critici)e the decision of a court. (s an officer of the court, a lawyer is
e!pected not only to e!pose the shortcomings and indiscretions of courts
and #udges, but such right is sub#ect to the limitations that it shall be bona
,ide. 't is improper to sub#ect them to abuse and slander, degrade them or
destroy public confidence in them. &oreover, Aa lawyer shall not attribute
to a 6udge motives not supported by the record or have no materiality in
the case.B 32ule ...7@, Code of Professional 2esponsibility5
COUNSEL DE OFICIO 31:<4 31::4 31:14 311>4 31134 311/4 31194 .>>>4
.>>34 .>>.4 .>>06
Q2$s)+!# N!. 3<?
W"$# 7%' ($B2s%, !B % ;!2#s$, )! %;) %s ;!2#s$, &e oficio *$
M2s)+B+$& !# 8(!2#&s %s+&$ B(!7 )"$ ($%s!#s !B "$%,)"4 $G)$#s+v$ )(%v$,
%*(!%&4 !( s+7+,%( ($%s!#s !B 2(8$#;'E S2AA!() '!2( %#sC$(.
A#sC$(?
Other #ustified grounds for refusal to act as a cousel de o,icio are>
a. Too many de o,icio cases assigned to the lawyer 3People vs.
2aeng, 4& S%R" ###)3
b. Conflict of interest 32ule .@.71, CP25+
c. *awyer is not in a position to carry out the work effectively or
competently 3supra5+
d. *awyer is prohibited from practicing law by reason of his public
office which prohibits appearances in court+ and
e. *awyer is preoccupied with too many cases which will spell
pre#udice to the new clients.


Q2$s)+!# N!. 39?
A))'. J. B!#%#I%4 % s$7+J($)+($& M$)(! M%#+,% A(%;)+)+!#$( "%s %
;%)),$ (%#;" +# )"$ ($7!)$ 72#+;+A%,+)' !B C%((%#8,%#4 N2$v% E;+M%. H$
%))$#&s )! "+s ,%C !BB+;$ +# M%#+,% !# M!#&%'s4 T2$s&%'s %#&
W$&#$s&%'s4 %#& )"$ ($s) !B )"$ C$$L "$ sA$#&s +# "+s ;%)),$ (%#;"
(%+s+#8 "!(s$s.
I# % ;(+7+#%, ;%s$ A$#&+#8 *$B!($ )"$ M2#+;+A%, T(+%, C!2() !B
C%((%#8,%#4 )"$ !#,' !)"$( ,+;$#s$& 7$7*$( !B )"$ *%( +# )"$ A,%;$ +s
($A($s$#)+#8 )"$ ;!7A,%+#%#). T"$ %;;2s$& +s % &$)$#)+!# A(+s!#$(. T"$
M2&8$ C%#)s )! $GA$&+)$ A(!;$$&+#8s.
%. W"%) 72s) )"$ M2&8$ &! )! $GA$&+)$ A(!;$$&+#8sE
*. IB A))'. B!#%#I% +s ($K2$s)$& )! %;) %s ;!2#s$, B!( )"$
%;;2s$&4 ;!2,& "$ !( s"!2,& "$ ($B2s$ *' s%'+#8 )"%) +# )"$
A(!v+#;$4 "$ C%#)s )! &! #!)"+#8 $G;$A) (+&$ "!(s$s %#&
;%s)(%)$ *2,,sE EGA,%+#.
A#sC$(?
a. The #udge may appoint attorney Bonan)a as counsel de o,icio
considering that the accused is a detention prisoner and therefore it is
assumed that he has no financial means of engaging a paid counsel.
b. The attorney cannot refuse to be appointed as counsel de o,icio
merely on the reason that he is a semi,retired practicing lawyer. Precisely
one of the reasons for the integration of the bar in the Philippines is to
compel all person who have been admitted to the practice of law in the
Philippines to perform their duties to assist the courts in the administration
of public.
CONFLICT OF INTEREST 31:<4 31:14 31134 311.4 311/4 31104 311=4
.>>>4 .>>34 .>>.4 .>>/6
Q2$s)+!# N!. 3=?
H2$' C!7A%#' %#& D$C$' C!(A!(%)+!# %($ *!)" ($)%+#$( ;,+$#)s
!B A))'. A#%7%. H$ +s )"$ C!(A!(%)$ S$;($)%(' !B H2$' C!7A%#'. H$
($A($s$#)s D$C$' C!(A!(%)+!# +# )"($$ A$#&+#8 ,+)+8%)+!# ;%s$s. D$C$'
;!(A!(%)+!# C%#)s )! B+,$ % ;+v+, ;%s$ %8%+#s) H2$' C!7A%#' %#& "%s
($K2$s)$& A))'. A#%7% )! "%#&,$ )"$ ;%s$.
3. W"%) %($ )"$ !A)+!#s %v%+,%*,$ )! A))'. A#%7%E EGA,%+# '!2(
%#sC$(.
.. IB '!2 C$($ A))'. A#%7%4 C"+;" !A)+!# C!2,& '!2 )%L$E
EGA,%+#.
A#sC$(?
.. The options available to (tty. (nama are>
a. To decline to accept the case because to do so will
constitute representing conflicting interests. 't is


unethical for a lawyer to represent a client in a case
against another client in the said case.
b. To accept to file the case against Cuey Company, after
full disclosure to both retained clients and upon their
e!press and written consent. The written consent may
free him from the charge of representing conflicting
interests, because written consent amounts to a release
by the clients of the lawyer=s obligation not to
represent conflicting interests.
?. 'f ' were (tty. (nama, ' will choose the first option and inhibit
myself in the case as both entities are my clients. The conflict of interests
between the contending clients may reach such a point that,
notwithstanding their consent to the common representation, the lawyer
may be suspected of disloyalty by one client. Cis continuing to act in a
double capacity strikes deeply in the foundation of the attorney,client
relationship.
NEGLIGENCE 31:94 311:4 .>>>4 .>>34 .>>.6
Q2$s)+!# N!. 3:?
N$#$ %AA(!%;"$& A))'. N+,! %#& %sL$& "+7 +B +) C%s %,(+8") )! *2'
% A+$;$ !B ,%#& C"+;" M%#$#8 C%s s$,,+#8. W"%) C%s s"!C# *' M%#$#8 )!
N$#$ C%s %# O(+8+#%, C$()+B+;%)$ !B T+),$ C+)" 7%#' %##!)%)+!#s %#& !,&
A%);"$s4 )! C"+;" N$#$ $GA($ss$& s2sA+;+!#. H!C$v$(4 A))'. N+,!4
&$s+(!2s !B A2s"+#8 )"(!28" C+)" )"$ )(%#s%;)+!# *$;%2s$ !B )"$ "+8"
#!)%(+%, B$$ A(!7+s$& )! "+74 )!,& N$#$ )"%) )"$ )+),$ C%s %,(+8") %#&
)"%) s"$ s"!2,& #!) C!((' s+#;$ "$ +s %# %))!(#$' %#& )"%) "$ L#$C
M%#$#8 C$,,. H$ #!)%(+I$& )"$ D$$& !B S%,$ %#& N$#$ A%+& M%#$#8
P3>:4>>>.>>. +) )2(#$& !2) )"%) M%#$#8 "%& A($v+!2s,' s!,& )"$ s%7$
A(!A$()' )! %#!)"$( A$(s!#.
F!( )"$ +#M2s)+;$ &!#$ )! N$#$4 7%' A))'. N+,! *$ &+s;+A,+#$&E
A#sC$(?
Kes. (tty. %ilo is guilty of gross negligence in protecting the
interests of his client. ( lawyer shall not neglect a legal matter entrusted to
him and his negligence in connection therewith shall render him liable 32ule
.;.71, Code of Professional 2esponsibility5. Eorse, he was negligent
because he placed his own interest in receiving a high notarial fee over and
above the interest of his client. 'n the case of .ada4ag vs, )rageda, #3+
S%R" #/#, which involves similar facts, the Supreme Court held that the
lawyer Ashould have been conscientious in seeing to it that #ustice
permeated every aspect of a transaction for which his services had been


engaged, in conformity with the avowed duties of a worthy member of the
Bar.B
ATTORNEYS FEES 31:<4 31:94311>4 31134 311:4 .>>34 .>>.6
Q2$s)+!# N!. 31?
A# %))!(#$'J;,+$#) ($,%)+!#s"+A s)%()s B(!7 )"$ 7!7$#) )"$
%))!(#$' +s $#8%8$& !( ($)%+#$&.
%. D+s;2ss *(+$B,' )"$ &+BB$($#) )'A$s !B B$$ %((%#8$7$#)s %#
%))!(#$' 7%' $#)$( +#)! C+)" "+s ;,+$#).
*. I# )"$ %*s$#;$ !B s2;" % B$$ %((%#8$7$#)4 "!C C!2,& )"$
s$(v+;$s !B %# %))!(#$' *$ ;!7A$#s%)$&E EGA,%+#.
A#sC$(?
a. The following are the types of fee arrangements>
.. 2etainer=s fee where the lawyer is paid for services for an
agreed amount for the case.
?. The lawyer agrees to be paid per court appearance.
1. Contingent fee where the lawyer is paid for his services
depending on the success of the case. This applies usually in
civil suits for money or property where the lawyer=s fee is
taken from the award granted by the court.
@. "ttorne4 de 5,icio. The attorney is appointed by the court
to defend the indigent litigant in a criminal case. The client
is not bound to pay the attorney for his services although he
may be paid a nominal fee taken from a public fund
appropriated for the purpose.
0. *egal (id. The attorney renders legal services for those who
could not afford to engage the services of paid counsel.
4. 6uantum meruit basis. 'f there is no specific contract
between the lawyer and the client, the lawyer is paid on
"uantum meruit basis, that is what the lawyer deserves for
his services.
b. 'n the absence of a fee arrangement, the lawyer is paid on a
quantum meruit basis. The factors to be taken into consideration in
determining the amount are>
.. The amount and character of the services rendered+
?. The labor, time and trouble involved+
1. The nature and importance of the litigation or business in
which the services were rendered+
@. The amount of money or the value of he property affected
by the controversy involved in the employment+
0. The skill and e!perience called for in the performance of
the services+
4. The professional character and social standing of attorney+


<. The result secured+ and
;. Ehether or not the fee is absolute or contingent. 32elgado
vs. dela Rama, 43 Phil. 4&&3 Panis vs. 7angco, '# Phil. 4&&)
ATTORNEYJCLIENT RELATIONSHIP 31:14 311/4 31116
Q2$s)+!# N!. .>?
3. D+s;2ss *(+$B,' '!2( 2#&$(s)%#&+#8 !B )"$ ($,%)+!#s"+A
*$)C$$# %# %))!(#$' %#& "+s ;,+$#).
.. H!C +s s2;" % ($,%)+!#s"+A ;($%)$&E EGA,%+# '!2( %#sC$(.
A#sC$(?
.. The relationship between an attorney and client is fiduciary,
confidential and personal. By virtue thereof, the lawyer owes fidelity to the
cause of his client and he shall be mindful of the trust and confidence
reposed in him.
?. The attorney and client relationship is created by implied or
e!press contract. The relationship is also created if he is a court appointed
counsel.
RIGHTS OF CLIENTS TO DISMISS COUNSEL 31:=4 31:14 31104 311=4 311:4
.>>>4 .>>36
Q2$s)+!# N!. .3?
3. D!$s )"$ ;,+$#) "%v$ )"$ (+8") )! &+s7+ss "+s ,%C'$( %) %#'
)+7$E EGA,%+# '!2( %#sC$(.
.. D!$s )"$ ;,+$#) "%v$ )"$ (+8") )! "+($ %#!)"$( ,%C'$( %s
;!,,%*!(%)+#8 ;!2#s$, %) %#' )+7$E EGA,%+# '!2( %#sC$(.
/. W"$# ;%# % ,%C'$( v%,+&,' C+)"&(%C %s ;!2#s$,E EGA,%+# '!2(
%#sC$(.
A#sC$(?
.. Kes, the client has the right to dismiss his lawyer anytime with or
without cause. The reason is that a lawyer=s employment is strictly personal
and highly confidential in nature. The client=s loss of confidence in his
lawyer deprives the relation of that special element of trust.
?. Kes, the client has the right to hire another lawyer as
collaborating counsel anytime. 't is the prerogative of the client to employ
as many attorneys as he may desire to protect his interest.
1. ( lawyer can validly withdraw as counsel for good cause and upon
notice. Canon ??, 2ule ??.7. provides that a lawyer may withdraw his
services in any of the following cases>
a. Ehen the client pursues an illegal or immoral course of
conduct in connection with the matter he is handling+


b. Ehen the client insists that the lawyer pursue conduct
violative of these canons and rules+
c. Ehen his inability to work with co,counsel will not
promote the best interest of the client+
d. Ehen the mental and physical condition of the lawyer
renders it difficult for him to carry out the employment
effectively+
e. Ehen the client deliberately fails to pay the fees for the
services or fails to comply with the retainer agreement+
f. Ehen the lawyer is elected or appointed to public office+
and
g. Other similar cases.
DISBARMENT 31:<4 31:14 31194 311:4 31114 .>>>4 .>>.6
Q2$s)+!# N!. ..?
B$# B+,$& A(!;$$&+#8s B!( &+s*%(7$#) %8%+#s) "+s ,%C'$(4 A))'. C!4
B!,,!C+#8 )"$ ,%))$(s ;!#v+;)+!# B!( $s)%B% B!( 7+s%AA(!A(+%)+#8 B2#&s
*$,!#8+#8 )! "+s ;,+$#) B$#6. W"+,$ )"$ A(!;$$&+#8s B!( &+s*%(7$#) C%s
A$#&+#84 )"$ P($s+&$#) 8(%#)$& %*s!,2)$ A%(&!# +# B%v!( !B A))'. C!. A))'.
C!4 )"$#4 7!v$& B!( )"$ &+s7+ss%, !B )"$ &+s*%(7$#) ;%s$. s"!2,& )"$
7!)+!# *$ 8(%#)$&E
A#sC$(?
(n absolute pardon by the President is one that operates to wipe
out the conviction as well as the offense itself. The grant thereof to a
lawyer is a bar to a proceeding for disbarment against him, if such
proceeding is based solely on the fact of such conviction (8n re Parcasion,
& S%R" 33). But where the proceeding to disbar is founded on the
professional misconduct involved in the transaction which culminated in his
conviction, the effect of the pardon is only to relieve him of the penal
conse"uences of his act and does not operate as a bar to the disbarment
proceeding, inasmuch as the criminal acts may nevertheless constitute
proof that the attorney does not possess good moral character (8n re
$ontoc, 43 Phil. #&3).
Q2$s)+!# N!. ./?
A))'. S%#)+%8! C%s &+s*%(($& *' % ($s!,2)+!# !B )"$ S2A($7$
C!2(). F+v$ '$%(s ,%)$(4 A))'. S%#)+%8! B+,$& % A$)+)+!# B!( ($+#s)%)$7$#)4
%,,$8+#8 )"%) "$ "%& ($B!(7$&4 %#& )"%) "$ "%& *$$# s2BB+;+$#),'
A2#+s"$& %#& &+s;+A,+#$&. H!C$v$(4 #! %;)+!# C%s )%L$# !# )"$ A$)+)+!#.
I# )"$ 7$%#)+7$4 +# % A(!;$$&+#8 B!( )"$ A(!*%)$ !B "+s B%)"$(s C+,,4


A))'. S%#)+%8! B+,$& % B!(7%, !AA!s+)+!# !# "+s !C# *$"%,B %#& s!28") )!
$s)%*,+s" )"%) )"$ C+,, C%s % B!(8$(' %#& )"%) )"$ &$;$%s$& &+$&
+#)$s)%)$. H+s ;!J"$+(s K2$s)+!#$& "+s %AA$%(%#;$ ;+)+#8 "+s &+s*%(7$#).
M%' )"$ %AA$%(%#;$ !B A))'. S%#)+%8! *$ %,,!C$&E S)%)$ '!2( ($%s!#.
A#sC$(?
(tty. Santiago can properly represent himself as oppositor in the
probate of the will of his father. Ehile he has been disbarred from practice
and has not been reinstated to practice law, he an properly represent
himself because representing himself is not practice of law. 2ule .1;,
Section 1@ of the 2ules of Court allows an individual litigant to conduct his
litigation personally. 't means that he can do everything in the defense of
his rights in the said case. The prohibition against the practice of law by a
layman or a disbarred lawyer is not in conflict with the right if an individual
to defend or prosecute a cause in which he is a party. (n individual has
long been permitted to manage, prosecute and defend his own action, but
his representation on his behalf is not considered to be the practice of law.
One does not practice law by acting for himself any more than he practices
medicine by rendering first aid to himself. -or this reason, an attorney who
is otherwise dis"ualified to practice law or has been disbarred or suspended
from the practice, can validly prosecute or defend his own litigation, he
having as much right as that of a layman in that regard.
CODE OF JUDICIAL CONDUCT
IMPROPRIETY 311>4 31114 .>>/6
Q2$s)+!# N!. .0?
J2&8$ A C$#) )! H!#8 K!#8 !# v%;%)+!# !# *!%(& % P"+,+AA+#$
A+(,+#$s A,%#$ %#& "$ s)%'$& +# % B+(s) ;,%ss "!)$, B!( )"($$ &%'s %#&
)"($$ #+8")s. T"$ (!2#& )(+A )+;L$) M%#+,%JH!#8L!#8JM%#+,% %#& *!%(&
%#& ,!&8+#8 +# )"$ "!)$, C"$($ "$ s)%'$& C$($ A%+& B!( %s % *+()"&%' 8+B)
)! )"$ J2&8$ *' % B(+$#& C"!s$ s!# "%s % ;%s$ B!( $s)%B% A$#&+#8 +#
%#!)"$( B(%#;" !B )"$ C!2() C"$($ J2&8$ A +s %ss+8#$&. D+& J2&8$ A
;!77+) %#' +#B(%;)+!# !B )"$ C!&$ !B J2&+;+%, C!#&2;) 2#&$( )"$
;+(;27s)%#;$sE
A#sC$(?
Kes. Ce violated Canon 0, 2ule 0.7@ of the Code of 6udicial Conduct
which provides that a #udge or any immediate member of the family shall
not accept a gift, be"uest, favor or loan from anyone e!cept as may be
allowed by law. also, Canon ? of the same Code provides that a #udge


should avoid impropriety and the appearance of impropriety in all
activities. (ccepting a birthday gift of a vacation in Cong Jong from a friend
whose son has a case for estafa pending in another branch of the court
where 6udge ( is assigned raises a suspicion of impropriety on his part. The
fact that the case is pending in another branch is immaterial because he
could be suspected of having been bribed to influence the presiding #udge
of the other branch. ( #udge shall refrain from influencing in any manner
the outcome of litigation or dispute pending before another court or
administrative agency (Rule #./4, %ode o, 9udicial %onduct).
UNDUE INTERFERENCE 31:=4 31194 .>>34 .>>.4 .>>/6
Q2$s)+!# N!. .<?
W"+,$ Ms. M%,27%#%' % C+)#$ss B!( )"$ A,%+#)+BB4 C%s 2#&$( ;(!ssJ
$G%7+#%)+!#4 J2&8$ M%2s+s% %sL$& K2$s)+!#s %,)$(#%)$,' C+)" )"$ ;!2#s$,
B!( )"$ &$B$#&%#). AB)$( B!2( K2$s)+!#s *' )"$ M2&8$4 )"$ A,%+#)+BBs
;!2#s$, 7!v$& )"%) )"$ M2&8$ ($B(%+# B(!7 %sL+#8 B2()"$( K2$s)+!#s
C"+;" )$#&$& )! B%v!( )"$ &$B$#s$ %#& ,$%v$ )"$ $G%7+#%)+!# !B )"$
C+)#$ss )! )"$ &$B$#&%#)s ;!2#s$,4 C"! C%s % #$C ,%C'$(. T"$ M2&8$
$GA,%+#$& )"%) "$ C%s $#)+),$& )! %sL s$%(;"+#8 K2$s)+!#s.
A. Is )"$ 7!)+!# )$#%*,$E W"'E
B. C%# )"$ M2&8$ M2s)+B' "+s +#)$(v$#)+!#E H!CE
A#sC$(?
(. 't depends. 2ule 1.74 of the code of 6udicial Conduct provides
that while a #udge may, to promote #ustice, prevent waste of time or clear
up some obscurity, properly intervene in the presentation of evidence
during the trial, it should always be borne in mind that undue interference
may prevent the proper presentation of the cause or the ascertainment of
truth. Thus, if in asking four "uestions alternately with counsel for the
defendant, 6udge &ausisa was only trying to clear up some obscurity, he
cannot be accused of undue interference. But if his Asearching "uestionsB
were such as to give the impression that he was already acting as a counsel
for the defendant, his conduct is improper.
B. The #udge can #ustify his intervention on any of the grounds
mentioned by the rule, namely, to promote #ustice, avoid waste of time, or
clear up some obscurity.
INHIBITION 31:<4 31:94 31:14 31134 31104 31194 311=6


Q2$s)+!# N!. .9?
3. D+s;2ss *(+$B,' )"$ 8(!2#&s B!( &+sK2%,+B+;%)+!# !( +#"+*+)+!#
!B M2&8$s )! )(' % ;%s$.
.. A M2&8$ ($#&$($& % &$;+s+!# +# % ;(+7+#%, ;%s$ B+#&+#8 )"$
%;;2s$& 82+,)' !B $s)%B%. C!2#s$, B!( )"$ %;;2s$& B+,$& % 7!)+!# B!(
($;!#s+&$(%)+!# C"+;" C%s s2*7+))$& C+)"!2) %(827$#)s. L%)$(4 %#!)"$(
,%C'$( $#)$($& "+s %AA$%(%#;$ B!( )"$ %;;2s$&. T"$ M2&8$ +ss2$& %#
!(&$( +#"+*+)+#8 "+7s$,B B(!7 B2()"$( s+))+#8 +# )"$ ;%s$ *$;%2s$ )"$
,%))$( ,%C'$( "%& *$$# %7!#8 )"!s$ C"! ($;!77$#&$& "+7 )! )"$
B$#;". C%# )"$ M2&8$s v!,2#)%(' +#"+*+)+!# *$ s2s)%+#$&E
A#sC$(?
.. $nder 2ule .1< Section . of the 2ules of Court, a #udge is
dis"ualified to sit in every case in which he, or his wife or child, is
pecuniarily interested as heirs, legatee, creditor, or otherwise, or in which
he is related to either party within the si!th degree of consanguinity or
affinity, or to counsel within the fourth degree computed according to the
rules of civil law or in which he has been e!ecutor, administrator, guardian,
trustee or counsel, or in which he has presided in any inferior court when
his ruling or decision is the sub#ect of review, without the written consent
of all parties in interest, signed by them and entered upon the record. This
rule enumerates the grounds under which a #udge is legally dis"ualified
from sitting in a case, and e!cludes all other grounds not specified therein.
The #udge may, however, in the e!ercise of his sound discretion, dis"ualify
himself from sitting in a case, for #ust or valid reasons other than those
mentioned above.
$nder said rule, the #udge may voluntarily inhibit himself from
sitting in a case, for #ust and valid reasons other than those mentioned in
the rule.
?. The #udge may not voluntarily inhibit himself by the mere fact
that a lawyer recommended him to the Bench. 'n fact, the appearance of
said lawyer is a test as to whether the #udge can act independently and
courageously in deciding the case according to his conscience. A'nhibition is
not allowed at every instance that a friend, classmate, associate or patron
of a presiding #udge appears before him as counsel for one of the parties to
a case. A$tang na loobB, per se, should not be a hindrance to the
administration of #ustice. %or should recognition of such value in Philippine
society prevent the performance of one=s duties as #udge, ! ! !B. Cowever,
in order to avoid any suspicion of partiality, it is better for the #udge to
voluntarily inhibit himself.
EXTRAJJUDICIAL ACTIVITIES 31:=4 311>4 311=4 .>>>4 .>>.6
Q2$s)+!# N!. .=?


T"$ B%7+,' !B J2&8$ M%)(%*%"! !C#s % s7%,, &$A%()7$#) s)!($.
W+)" "+s L#!C,$&8$4 %# $7A,!'$$ !B )"$ s)!($ A!s)$& !# )"$ *2,,$)+#
*!%(& !B "+s ;!2() %# %& B!( M!* !A$#+#8s +#B!(7+#8 )"$ A2*,+; )"%)
%AA,+;%)+!#s 72s) *$ B+,$& +# )"$ !BB+;$ !B )"$ M2&8$. F!( )"+s A2(A!s$4
)"$ %AA,+;%#)s C!2,& %,s! *$ +#)$(v+$C$& )"$($+#. Is )"$ M2&8$ ,+%*,$ B!(
7+s;!#&2;)E EGA,%+#.
A#sC$(?
The #udge is liable for misconduct. 'n the case of 2ionisio vs.
:scano 3/# S%R" 411 (1&&&), the Supreme Court held that the acts of
posting advertisements for restaurant personnel on the court bulletin
board, using his court address to receive applications, and of screening
applicants in his court, constitute involvement in private business and
improper use of court facilities for the promotion of family business in
violation of the Code of 6udicial Conduct. The restriction enshrined in 2ules
0.7? and 0.71 of the Code of 6udicial Conduct on the #udges with regard to
their own business interests is based on the possible interference which
may be created by these business involvements in the e!ercise of their
#udicial duties which tend to corrode the respect and dignity of the courts
as the bastion of #ustice. 6udges must not allow themselves to be distracted
from the performance of their #udicial tasks by other lawful enterprises.
CONTEMPT 31:94 31:14 311/4 311:4 .>>>6
Q2$s)+!# N!. .:?
W"+,$ J2&8$ T2A%(+# C%s +# "+s ;"%7*$(s &+;)%)+#8 %# !(&$( )! %
s)$#!8(%A"$(4 )C! ,%C'$(s C"! C$($ +# )"$ ;!2()(!!7 C%+)+#8 B!( )"$
s)%() !B )"$ s$ss+!# %,7!s) ;%7$ )! *,!Cs %s % ($s2,) !B % "$%)$&
%(827$#). T2A%(+# ;%7$ !2) !B "+s ;"%7*$(s %#& %B)$( +&$#)+B'+#8 )"$
,%C'$(s +#v!,v$& +# )"$ ;!77!)+!# A(!7A),' &$;,%($& )"$7 +# ;!#)$7A)
!B ;!2(). W%s )"$ %;)+!# !B J2&8$ T2A%(+# A(!A$(E EGA,%+#.
A#sC$(?
The action of 6udge Tuparin in promptly declaring the two lawyers
in contempt of court was improper. The act committed by the two lawyers
was indirect contempt violative of the rule punishing Aany improper
conduct tending directly or indirectly , to impede, obstruct, or degrade the
administration of #usticeB, since the #udge was then engaged in dictating an
order before the morning session was called.
The act of the two lawyers constituted obstruction of the
administration of #ustice, which was indirect contempt. (ccordingly, they
could only be punished after notice and hearing.
REMITTAL OF DISQUALIFICATION


Q2$s)+!# N!. .1?
W"%) +s ($7+))%, !B &+sK2%,+B+;%)+!#E
A#sC$(?
(s provided under 2ule 1..1 of the 2ules of Court, remittal of
dis"ualification means that a #udge dis"ualified to in a proceeding may,
instead of withdrawing from the proceeding, disclose on the record the
basis of the dis"ualification. 'f, 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 insubstantial, the #udge may
then participate in the proceeding. The agreement, signed by all parties
and lawyers, shall be 'ncorporated in the record of the proceeding.
Bar Type Questions
PRACTICE OF LAW
NOTARY PUBLIC
H$;L B+,$& % ;!7A,%+#) A(%'+#8 B!( )"$ &+s*%(7$#) !B ($)+($& J2&8$
S%#)!s. I) C%s %,,$8$& )"%) J2&8$ S%#)!s4 A(+!( )! "+s %AA!+#)7$#) %s RTC
M2&8$4 #!)%(+I$& &!;27$#)s C+)"!2) )"$ ($K2+s+)$ #!)%(+%, ;!77+ss+!#
)"$($B!(. S"!2,& % ($)+($& M2&8$ ;"%(8$& C+)" #!)%(+I+#8 &!;27$#)s
C+)"!2) )"$ ($K2+s+)$ #!)%(+%, ;!77+ss+!# 7!($ )"%# )C$#)' '$%(s %8!
*$ &+s;+A,+#$& B!( s2;" &$,+#K2$#;'E

YES. 't is settled that a #udge may be disciplined for acts
committed prior to his appointment to the #udiciary. (lthough the #udge has
already retired from the #udiciary, he is still considered as a member of the
bar and as such, is not immune to the disciplining arm of the Supreme
Court. The fact that a #udge has retired or has otherwise been separated
from the service does not necessarily divest the Court of its #urisdiction to
determine the veracity of the allegations of the complaint, pursuant to its
disciplinary authority over members of the bench. (n administrative
complaint against an erring lawyer who was thereafter appointed as a
#udge, albeit filed only twenty,four years after the offending act was
committed, is not barred by prescription. 't is the duty of this Court to
protect the integrity of the practice of law as well as the administration of
#ustice. %o matter how much time has elapsed from the time of the
commission of the act complained of and the time of the institution of the
complaint, erring members of the bench and bar cannot escape the
disciplining arm of the Court. (ccordingly, it must be remembered that


notari)ation is invested with public interest, such that only those who are
"ualified or authori)ed may act as notaries public. The Court has
characteri)ed a lawyer8s act of notari)ing documents without the re"uisite
commission therefore as 9reprehensible, constituting as it does not only
constitute malpractice, but also the crime of falsification of public
documents.9 -or such reprehensible conduct, the Court has sanctioned
erring lawyers by suspension from the practice of law, revocation of the
notarial commission and dis"ualification from acting as such, and even
disbarment. Time and again, we have stressed the settled principle that
the practice of law is not a right but a privilege bestowed by the State on
those who show that they possess the "ualifications re"uired by law for the
conferment of such privilege. Possession of good moral character is not only
a prere"uisite to admission to the bar but also a continuing re"uirement to
the practice of law. ( high sense of morality, honesty, and fair dealing is
e!pected and re"uired of a member of the bar. By his actuations, 6udge
Santos failed to live up to such standards+ he undermined the confidence of
the public on notarial documents and thereby breached Canon ' of the CP2,
which re"uires lawyers to uphold the Constitution, obey the laws of the
land and promote respect for the law and legal processes. (9<I)C R. 9<+(
vs. ,>D1< A);96)D <. *A);6*, R<1I6)A3 ;RIA3 +6>R;, =RA)+9 !,
+A1ADA) D< 6R6 +I;D [A.0. )o. R;,707.8:. %ebr-ar/ 23, 200".#$
DUTY OF A SHERIFF
D%827%# +s % sA$;+%, %ss+s)%#) !B )"$ SA!2s$s Os;%( M%()+# %#& M$(;$&$s
Yv$))$ L!A$I %#& +s %2)"!(+I$& )! ($A($s$#) %#& %))$#& )"$ %2;)+!# s%,$
!B )"$+( A(!A$()'. T"$ %2;)+!# C%s )! *$ "$,& %) 3>?>> %.7. !# A282s)
.:4 .>>.4 %) )"$ M2#)+#,2A% C+)' H%,, Q2%&(%#8,$4 N%)+!#%, R!%&4
P2)%)%#4 C+)' !B M2#)+#,2A%. D%827%# ($A!()$& )! )"$ OBB+;$ !B )"$ C,$(L
!B C!2() !B )"$ RTC !B M2#)+#,2A% C+)'4 C"+,$ S"$(+BB B%8%*%,&! %((+v$& %)
"+s !BB+;$ %) %*!2) 33?0> %.7. T"$ s"$(+BB %ss2($& D%827%# )"%) )"$
%2;)+!# s%,$ C!2,& *$ ;!#&2;)$& %B)$( )"$ ,2#;" *($%L4 2A!# )"$ %((+v%,
!B )"$ 7!()8%8$$Ns ($A($s$#)%)+v$. D%827%# )"$# ($)2(#$& )! )"$
s"$(+BBNs !BB+;$ %) 3?>< A.7.4 %#&4 )! "+s s2(A(+s$4 )"$ ,%))$( +#B!(7$& "+7
)"%) )"$ %2;)+!# s%,$ "%& %,($%&' *$$# ;!#&2;)$& %) 3.?.> A.7. T"$
s"$(+BB s"!C$& "+7 )"$ 7+#2)$s !B )"$ %2;)+!# s%,$ +#&+;%)+#8 )"%) )"$
s2*M$;) A(!A$()' C%s Os!,&O )! DBS B%#L !B )"$ P"+,+AA+#$s4 I#;. A
;!7A,%+#) B!( &$($,+;)+!# !B &2)' C%s B+,$& %8%+#s) )"$ s"$(+BB. S"!2,& )"$
s"$(+BB *$ "$,& 82+,)' !B &$($,+;)+!# !B &2)'E
YES. By his actuations, the sheriff displayed conduct short of the
stringent standards re"uired of court employees. Ce is guilty of simple
neglect of duty, which has been defined as the failure of an employee to
give one8s attention to a task e!pected of him, and signifies a disregard of a
duty resulting from carelessness or indifference. Sheriffs play an important


role in the administration of #ustice and as agents of the law, high standards
are e!pected of them. The sheriff should be reminded that as an officer of
the court, he should at all times show a high degree of professionalism in
the performance of his duties. The imperative and sacred duty of each and
everyone in the court is to maintain its good name and standing as a temple
of #ustice. The Court condemns and would never countenance any conduct,
act or omission on the part of all those involved in the administration of
#ustice, which would violate the norm of public accountability and diminish
or even #ust tend to diminish the faith of the people in the #udiciary.
(R<)A;6 0. DA1>0A) vs. 0<3'I) ;. =A1A=A3D6 [A.0. )o. P70"7:!!.
0arch 3, 200".#$
A #!)+;$ )! v%;%)$ C%s +ss2$& *' S"$(+BB A7!(%#)! ($8%(&+#8 % C(+) !B
$G$;2)+!# )"%) C%s +ss2$& *' % M2&8$. T"$($%B)$(4 )"$ !(&$( C%s
$#B!(;$&4 "!C$v$(4 )"$ s2*M$;) $M$;)7$#) C%s %;)2%,,' %#& +,,$8%,,'
$G$;2)$& %) % &+BB$($#) A($7+s$ )"%# )"%) ($B$(($& )! +# )"$ !(&$(.
S"!2,& )"$ s"$(+BB *$ "$,& ,+%*,$ B!( #$8,+8$#;$E
YES. The unfortunate incident could have been avoided had the
sheriff observed due care and diligence in ascertaining the e!act location of
the property sub#ect of the e!ecution. The sheriff is a ranking officer of the
court, a public official entrusted with a fiduciary role. Ce plays an
important part in the administration of #ustice and is called upon to
discharge his duties with integrity, due care and circumspection. (nything
less is unacceptable. This is because in serving the court8s writs and
processes and in implementing the orders of the court, sheriffs cannot
afford to err without affecting the efficiency of the process of the
administration of #ustice. Food faith on the part of the sheriff, or lack of it,
in proceeding to properly e!ecute his mandate would be of no moment, for
he is chargeable with the knowledge that being an officer of the court
tasked therefore, it behooves him to make due compliances. Cis duty in the
e!ecution of a writ is purely ministerial+ he is to e!ecute the order of the
court strictly to the letter. (A)DD 36=R<1A; vs. +<)<) 3. A06RA);6,
*9<RI%% III, =RA)+9 3., 0e;+, B><C6) +I;D [A.0. )o. P70"7:8.
%ebr-ar/ 8, 200".#$
N!)+;$s )! v%;%)$ C$($ s$(v$& )! ($s+&$#)s !B S%# Is+&(!4 M%L%)+ *'
S"$(+BBs C%7A!s%#! %#& A;,$. A B$C &%'s )"$($%B)$(4 )"$ s"$(+BBs
)!8$)"$( C+)" A!,+;$ $s;!()s %#& % &$7!,+)+!# )$%7 C$#) )! )"$ *%(%#8%'
)! +7A,$7$#) )"$ &$7!,+)+!# !(&$(. T"$ &$7!,+)+!# C%s #!) +7A,$7$#)$&
&2$ )! )"$ s)(!#8 ($s+s)%#;$ A2) 2A *' )"$ %BB$;)$& ($s+&$#)s4 +#;,2&+#8
)"$ E*$(!s. A "$%)$& %(827$#) $#s2$&. I# )"$ ;!2(s$ !B )"$ %(827$#)4
)"$ s"$(+BBs !(&$($& )"$ A!,+;$ $s;!()s )! A,%;$ )"$ E*$(!s +#s+&$ )"$
A%)(!, v$"+;,$ %#& *(+#8 )"$7 )! M%L%)+ P!,+;$ S)%)+!#. A ;!7A,%+#) B!(
!*s)(2;)+!# !B M2s)+;$ C$($ B+,$& %8%+#s) )"$ E*$(!s %#& )"$' C$($
&$)%+#$& %#& C$($ ($,$%s$& !#,' C"$# )"$ ;"%(8$ !B !*s)(2;)+!# !B


M2s)+;$ C%s &+s7+ss$& *' )"$ +#K2$s) A(!s$;2)!(. T"$ E*$(!s )"$# B+,$&
%# %&7+#+s)(%)+v$ ;!7A,%+#) %8%+#s) )"$ s"$(+BBs. S"!2,& )"$ s"$(+BBs *$
"$,& ,+%*,$ $v$# +B #! %&$K2%)$ $v+&$#;$ C%s A($s$#)$& *' )"$ E*$(!sE

NO. The "uantum of proof necessary for a finding of guilt is
substantial evidence or such relevant evidence as a reasonable mind may
accept as ade"uate to support a conclusion. The presumption of regularity
in the performance by the sheriffs of their duties must prevail. (llegations
of the beros are not supported by those of another witness+ neither are
the contentions of respondents corroborated by those of another witness. 'n
other words, the evidence on record deals only with the word of
complainants to be pitted against that of respondents. Sheriff8s duty to
e!ecute a #udgment is ministerial. 'n the implementation of writs of
demolition, as in the instant case, the sheriffs are mandated to use
reasonable and necessary force to see that the #udgment debtors vacate
the premises. (I)6+<)+I6 D. <=<R6 an& ,>A)I;6 D. <=<R6 vs. 0A(A;I
+I;D *9<RI%%* RA>3 ;. +A0P6*A)6 an& =ADA)I ;. A+3< [A.0. )o. P70"7
:!2. 0arch 2, 200"#$
ADMINISTRATIVE CASE; DESISTANCE OF COMPLAINANT
G2+#)! B+,$& %# $,$;)+!# ;%s$ %8%+#s) M%#,%s)%s C"+;" ($K2+($s )"$
($v+s+!# !B % #27*$( !B *%,,!) *!G$s. J2&8$ F,!($s C"! +s "%#&,+#8 )"$
;%s$ %AA!+#)$& % ($v+s+!# ;!77+))$$ C"+;" )"$($%B)$( s2*7+))$& +)s
($A!() )! )"$ ;!2(). J2&8$ F,!($s )"$# +ss2$& %# O(&$( &$;,%(+#8 )"$
;%s$ s2*7+))$& B!( &$;+s+!# &$sA+)$ M%#%,%s)%s !*M$;)+!#s %#& &$7%#&s
B!( % "$%(+#8. A ;!7A,%+#) C%s )"$($%B)$( B+,$& %8%+#s) J2&8$ F,!($s.
T"$($%B)$(4 )"$ ;!7A,%+#%#) C+)"&($C "+s ;!7A,%+#). S"!2,& J2&8$
F,!($s *$ "$,& %&7+#+s)(%)+v$,' ,+%*,$ $v$# +B )"$ ;!7A,%+#%#) %,($%&'
C+)"&($C "+s ;!7A,%+#)E
YES, 6udge -lores is administratively liable. The withdrawal of the
complaint or the e!ecution of an affidavit of desistance does not
automatically result in the dismissal of an administrative case. To condition
as administrative action upon the will of the complainant, who for one
reason or another, condones a detestable act, would be to strip this Court
of its power to supervise and discipline erring members of the #udiciary.
The withdrawal of the complaints cannot divest the Court of its #urisdiction
nor deprive of its power to determine the veracity of the charges made and
to discipline, such as the results of its investigation may warrant, an erring
respondent. (0A)A3A*;A* '*. ,>D1< %36R<* [A.0. )o. 0;,70"7823.
%eb. 0., 200".#$


D!$s )"$ &+s7+ss%, !( C+)"&(%C%, !B ;"%(8$s %#& )"$ &$s+s)%#;$ !B
C+)#$ss$s %2)!7%)+;%,,' ($s2,) +# )"$ &+s7+ss%, !B %# %&7+#+s)(%)+v$ ;%s$E
NO. The withdrawal of the complaint does not have the legal effect
of automatically e!onerating the respondent from any administrative
disciplinary action. 't does not operate to divest this Court with #urisdiction
to determine the truth behind the matter stated in the complaint.
-urthermore, the need to maintain the faith and confidence of the people
in the government and its agencies and instrumentalities should not be
made to depend on the whims and caprices of the complainants who are, in
a real sense, only witnesses therein. (AR;<0I6 *A=A;I) vs. ,>D1< <%R<)
=. 0A33AR< [A.0. )o. 0;,70"783:. 0arch 28, 200".#$
ADMINISTRATIVE CASE; BURDEN OF PROOF
M!#)$s +s )"$ %;;2s$& +# % ;(+7+#%, ;%s$ B!( $s)%B% C"+;" +s *$+#8 "$%(&
*' J2&8$ M%,,%($. M!#)$s )"$# B+,$& % ;!7A,%+#) %8%+#s) J2&8$ M%,,%($
B!( %,,$8$&,' ;!#sA+(+#8 C+)" )"$ ;!7A,%+#%#) +# )"$ ;(+7+#%, ;%s$ +#
"%v+#8 "+7 %(($s)$& %#& M%+,$&. T"$ ;!7A,%+#) B+,$& *' M!#)$s C%s
($B$(($& )! %# $G$;2)+v$ M2&8$ B!( +#v$s)+8%)+!#4 ($A!() %#&
($;!77$#&%)+!#. T"$ ;%s$ C%s s;"$&2,$& B!( "$%(+#8 *2) )"$ #!)+;$
)"$($!B )! M!#)$s C%s ($)2(#$& 2#s$(v$&. A;;!(&+#8 )! )"$ S"$(+BB4
M!#)$s ;"%#8$& ($s+&$#;$ C+)"!2) ,$%v+#8 % B!(C%(&+#8 %&&($ss. T"$
"$%(+#8 !B )"$ ;%s$ C%s ($s$) )! %#!)"$( &%)$ *2) M!#)$s %8%+# B%+,$& )!
%AA$%(. T"$ EG$;2)+v$ J2&8$ ($;!77$#&$& )"%) %s )"$ ;!7A,%+#%#)
A($s$#)$& #! $v+&$#;$ %) %,, )! s2*s)%#)+%)$ )"$ ;"%(8$s %8%+#s) J2&8$
M%,,%($4 )"$ ;!7A,%+#) s"!2,& *$ &+s7+ss$& B!( ,%;L !B $v+&$#;$.
T"$($%B)$(4 )"$ OBB+;$ !B )"$ C!2() A&7+#+s)(%)!( ($;$+v$& % ,$))$( B(!7
M!#)$s ($K2$s)+#8 )"%) )"$ EG$;2)+v$ J2&8$ *$ &+s;"%(8$& %s )"$
+#v$s)+8%)+#8 !BB+;$( !# )"$ %v$(7$#) )"%) "$ ,+L$C+s$ +#s)+)2)$& %
;!7A,%+#) %8%+#s) )"$ EG$;2)+v$ J2&8$ *2) +) C%s &+s7+ss$&. Is )"$($
7$(+) +# )"$ ;!7A,%+#)E
NONE. 't must be stressed that in administrative proceedings, the
complainant has the burden of proving the allegations in his complaint with
substantial evidence. 'n the absence of evidence to the contrary, the
presumption that the respondent has regularly performed his duties will
prevail. ven in administrative cases, if a respondent #udge should be
disciplined for a grave offense, the evidence against him should be
competent and should be derived from direct knowledge. 'n this case, the
complainant failed to substantiate the charges he made against the
respondent #udge, let alone appear before the investigating magistrate to
prove his allegations. Ehile 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. The Court will not shirk
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 promote the orderly administration of #ustice. 306);<*
'*. ,>D1< 0A33AR< [A.0. )6. 0;,70"7828. %eb. 0., 200"#$
CODE OF PROFESSIONAL RESPONSIBILTY
CONFLICT OF INTEREST
A))'. S!(s!8!# C%s N%v%s ;!2#s$, B!( 7%#' '$%(s *2) &2$ )! )"$ ,%C'$(s
"$%,)" ;!#&+)+!#4 "$ C+)"&($C %s "$( ;!2#s$,. H!C$v$(4 A))'. S!(s!8!#
%,,$8$&,' ($A($s$#)$& %#!)"$( ;,+$#) +# % ;%s$ %8%+#s) N%v%. A))'.
S!(s!8!# +s +#s+s)+#8 )"%) )"$ %))!(#$'J;,+$#) ($,%)+!#s"+A *$)C$$# "+7
%#& N%v% "%& ;$%s$& %#& )"%) "+s "$%,)" +#;%A%;+)%)$& "+7 B(!7 B2()"$(
A$(B!(7+#8 "+s !*,+8%)+!#s. S"!2,& A))'. S!(s!8!# *$ "$,& ,+%*,$ B!(
v+!,%)+#8 )"$ C!&$ !B P(!B$ss+!#%, R$sA!#s+*+,+)' *' ($A($s$#)+#8 ;,+$#)s
C+)" ;!#B,+;)+#8 +#)$($s)s $v$# +B #! B!(7%, +#v$s)+8%)+!# C%s 7%& *' )"$
IBPE
YES. (t the time respondent accepted his engagement as counsel
for another client and filed a case against the complainant, he was still
acting as counsel for the latter in a number of cases. 'n complaints for
disbarment, a formal investigation is a mandatory re"uirement. The Court
may dispense with the normal referral to the 'ntegrated Bar of the
Philippines if the records are complete and the "uestion raised is simple.
Similarly, if no further factual determination is necessary, the Court may
decide the case on the basis of the e!tensive pleadings on record.
Complaints against lawyers for misconduct are normally addressed to the
Court. 'f, at the outset, the Court finds a complaint to be clearly wanting in
merit, it outrightly dismisses the case. 'f, however, the Court deems it
necessary that further in"uiry should be made, such as when the matter
could not be resolved by merely evaluating the pleadings submitted, a
referral is made to the 'BP for a formal investigation of the case during
which the parties are accorded an opportunity to be heard. (0<R+<D<*
)A'A vs. A;;D. =<),A0I) P. *6R*616) [A.+. )o. 8""2. ,an-ar/ 2.,
200"#$
ATTORNEYS FEES


A &$$& !B s%,$ ;!v$(+#8 % A%(;$, !B ,%#& ,!;%)$& +# B%82+! C%s $G$;2)$&
*' M%,$;&%# %#& E,+I% F%#8$&. T"$ %7!2#) A%+& *' )"$ B!(7$( C%s
($;$+v$& *' E,+I% F%#8$& %#& &$A!s+)$& +# )"$ %;;!2#) !B A))'. A()$7+!
B2s)%7%#)$4 )"$# ;!2#s$, B!( )"$ ,%))$(. I) C%s B!2#& !2) ,%)$( *'
M%,$;&%# )"%) )"$ ,%#& +s s2*M$;) )! % ;!#)(!v$(s'. W"$# A))'.
B2s)%7%#)$ ($B2s$& )! ($,$%s$ )"$ A(!;$$&s !B )"$ s%,$ )! E,+I% F%#8$&4
)"$ ,%))$(4 )"(!28" "$( #$C ;!2#s$, ($sA!#&$#) A))'. K!,,+#4 B+,$& %
;!7A,%+#) B!( ($s;+ss+!# !B ;!#)(%;). A ;!7A(!7+s$ %8($$7$#) C%s )"$#
$G$;2)$& C"$($+# M%,$;&%# C%s #!) % s+8#%)!(' %s s"$ C%s +# )"$ U#+)$&
S)%)$s %) )"$ )+7$. T"$ 7!#$' C%s )"$# )(%#sB$(($& )! )"$ ($sA$;)+v$
%;;!2#)s %s A(%'$& B!( +# )"$ ;!7A(!7+s$ s$)),$7$#). T"$($%B)$(4
M%,$;&%# B+,$& % ;!7A,%+#) ;"%(8+#8 A))'. K!,,+#4 C+)" v+!,%)+!# !B )"$
,%C'$(Ns !%)"4 !# )"$ %;;!2#) )"%) )"$ ,%C'$( L#!C+#8,' ;%2s$& )"$
C+)"&(%C%, B(!7 )"$ *%#L !B )"$ A2(;"%s$ A(+;$ !B )"$ ,!) +# K2$s)+!#4
&$sA+)$ )"$+( L#!C,$&8$ !B % &$B$;) +# )"$+( ;,+$#)Ns (+8") )! ;,%+7 )"$
s%+& %7!2#). D!$s )"$ ,%C'$( "%v$ )"$ (+8") )! %AA,' )"$ s2*M$;) %7!2#)
%s A%'7$#) !B )"$+( A(!B$ss+!#%, B$$s &$sA+)$ )"$ $G+s)$#;$ !B % &+sA2)$
!# )"$ ,$8%,+)' !B )"$ %7!2#)E
NONE. ( lawyer may legally apply a client8s funds in his possession
to satisfy professional fees which the client owes him, in the absence of any
dispute as to the legality of the amount thereof. Cowever, the fact that a
lawyer has a lien for his fees on the client8s money in his possession or the
circumstance that the client owes him more than the client8s funds in his
hands may not e!cuse him from making an accounting nor entitle him to
unilaterally apply the client8s money to satisfy his disputed claims. 't is a
settled principle that the compensation of a lawyer should be but a mere
incident of the practice of law, the primary purpose of which is to render
public service. The practice of law is a profession and not a money,making
trade. (s they are an indispensable part of the system of administering
#ustice, attorneys must comply strictly with the oath of office and the
canons of professional ethics L a duty more than imperative during these
critical times when strong and disturbing criticisms are hurled at the
practice of law. Canon . of the Code of Professional 2esponsibility
mandates all members of the bar to obey the laws of the land and promote
respect for the law. 2ule ..7. of the Code specifically provides that 9a
lawyer shall not engage in unlawful, dishonest, immoral or deceitful
conduct.9 ( lawyer is e!pected, at all times, to uphold the integrity of the
legal profession. Ehenever it is made to appear that a lawyer is no longer
worthy of the trust and confidence of the public, it becomes not only the
right but the duty of the Court which made him one of its officers and gave
him the privilege of ministering within its bar to withdraw the privilege.
(0ARD D. 0A3<+DA) vs. A;;D. P<R+I'A3 3. P<(A* an& A;;D. 0A;;9<E
P. (633I) [A.+. )o. 8830. ,an-ar/ 2., 200".#$


CODE OF JUDICIAL CONDUCT
GROSS IGNORANCE OF LAW
C!()$s B+,$& %# %&7+#+s)(%)+v$ ;!7A,%+#) %8%+#s) )"($$ J2s)+;$s ;,%+7+#8
)"%) )"$ A(!;$$&+#8s 7%&$ *$B!($ )"$ S%#&+8%#*%'%# C$($ +(($82,%(4 %s
+) )$(7+#%)$& )"$ ;%s$ C+)"!2) )"$ &$B$#s$ "%v+#8 ;!#&2;)$& % ;(!ssJ
$G%7+#%)+!# !# "+7 )! ($*2) )"$ &+($;) )$s)+7!#+$s %8%+#s) )"$ %;;2s$&.
C!()$s %,s! K2$s)+!#$& )"$ A(!#!2#;$7$#) 7%&$ *' )"$ S%#&+8%#*%'%#
)"%) O"$ s,$A) !# "+s (+8")sO B!( B%+,+#8 )! ($&$$7 )"$ A(!A$()' +#
K2$s)+!# C+)"+# )"$ !#$J'$%( A$(+!& %s ($K2+($& 2#&$( )"$ ,%C. H$ %v$(s
)"%) )"$($ C%s #! #$$& B!( "+7 )! ($&$$7 )"$ A(!A$()' %s )"$ %2;)+!#
s%,$ C%s #!) &2,' ($8+s)$($& C+)" )"$ R$8+s)$( !B D$$&s !B )"$ P(!v+#;$
!B B%)%%#4 "$#;$4 #2,, %#& v!+&. S"!2,& )"$ ;!7A,%+#) B+,$& *' C!()$s
A(!sA$(E
NO. 't must be stressed that as a matter of policy, the acts of a
#udge in his #udicial capacity are not sub#ect to disciplinary action. Ce
cannot be sub#ected to liability L civil, criminal or administrative L for any
of his official acts, no matter how erroneous, as long as he acts in good
faith. Only #udicial errors tainted with fraud, dishonesty, gross ignorance,
bad faith or deliberate intent to do an in#ustice will be administratively
sanctioned. To hold otherwise would be to render #udicial office untenable,
for no one called upon to try the facts or interpret the law in the process of
administering #ustice can be infallible in his #udgment. The provisions of
(rticle ?7@ of the 2evised Penal Code as to 9rendering knowingly un#ust
#udgment9 refer to an individual #udge who does so 9in any case submitted
to him for decision9 and has no application to the members of a collegiate
court such as the Sandiganbayan or its divisions, who reach their
conclusions in consultation and accordingly render their collective
#udgment after due deliberation. The remedy of the aggrieved party is not
to file an administrative complaint against the #udge, but to elevate the
assailed decision or order to the higher court for review and correction. (n
administrative complaint is not an appropriate remedy where #udicial
recourse is still available, such as a motion for reconsideration, an appeal,
or a petition for certiorari, unless the assailed order or decision is tainted
with fraud, malice, or dishonesty. (3<6)ID<* ;. +6R;<* vs.


*A)DI1A)=ADA) ,>*;I+<* 0I)I;A '. +9I+67)ACARI6, 0A. +RI*;I)A 1.
+6R;<C7<*;RADA an& R6D63%6 1. PA3A;;A6 [A.0. )o. *=70"77,.
%ebr-ar/ 3, 200".#$
A ;!7A,%+#) C%s B+,$& %8%+#s) J2&8$ P%7+#)2%# B!( +8#!(%#;$ !B )"$ ,%C
%#& %((!8%#;$. I) C%s %,,$8$& )"%) +# s$v$#)$$# &+BB$($#) ;%s$s4 J2&8$
P%7+#)2%# "%& 7+s%AA,+$& )"$ I#&$)$(7+#%)$ S$#)$#;$ L%C.
F2()"$(7!($4 ;!7A,%+#%#)s %,s! %,,$8$& )"%) J2&8$ P%7+#)2%# +#s2,)s
,%C'$(s *' 7$%#s !B +#)$7A$(%)$ %#& "%(s" C!(&s +# )"$ A($s$#;$ !B
,+)+8%#)s +# A2*,+; %#& )"%) "$ v$(*%,,' %ss%2,) ,%C'$(s. F2()"$(7!($4 "$
A(!72,8%)$& &$;+s+!#s C+)" ;!A+$s )"$($!B #!) ($%&+,' ($,$%s$& )! )"$
A%()+$s. S"!2,& J2&8$ P%7+#)2%# *$ &+s;+A,+#$& %&7+#+s)(%)+v$,'E
YES. The application of the 'ndeterminate Sentence *aw in the
imposition of penalties in crimes punishable by the 2evised Penal Code is a
basic precept. 6udge Pamintuan=s repeated misapplication thereof in "uite
a number of criminal cases he had rendered constitutes gross ignorance of
the law. ( #udge is presumed to know the law and when the law is so
elementary, not to be aware of it constitutes gross ignorance of the law.
'ndeed, #udges are duty bound to have more than a cursory ac"uaintance
with laws and #urisprudence. -ailure to follow basic legal commands
constitutes gross ignorance of the law from which no one may be e!cused,
not even a #udge. Eith regards to the other allegation, a #udge should be
courteous both in his conduct and in his language especially to those
appearing before him. Ce can hold counsels to a proper appreciation of
their duties to the court, their clients, and the public without being petty,
arbitrary, overbearing, or tyrannical. Ce should refrain from conduct that
demeans his office and remember always that courtesy begets courtesy.
(bove all, he must conduct himself in such a manner that he gives no
reason for reproach. Clearly, the respondent #udge has failed to observe
courtesy and civility to the lawyers as well as to the litigants who appeared
before him. The Court frowns upon the highly irregular practice of the
respondent #udge of promulgating a decision, copies of which were not then
ready for release to the parties. (;9< 6%%I+<R* A)D 0<0=<R* 6% ;9<
I=P =A1>I67=<)1><; +9AP;<R vs. %<R)A)D6 'I3 PA0I);>A) [A.0. )o.
R;,7027.!. ,an-ar/ ., 200".#$
S"!2,& % M2&8$ *$ "$,& %&7+#+s)(%)+v$,' ,+%*,$ B!( +8#!(%#;$ !B )"$ ,%C
B!( 8(%#)+#8 *%+, )! %# %;;2s$& +# % ;(+7+#%, ;%s$ C+)"!2) )"$ ($K2+s+)$
*%+, "$%(+#84 %#& &$sA+)$ )"$ B%;) )"%) )"$($ C%s %# $'$C+)#$ss )! )"$
72(&$( C"! 7%&$ % A!s+)+v$ +&$#)+B+;%)+!# !B )"$ %;;2s$&E
YES. 't is already settled that when a #udge grants bail to a person
charged with a capital offense, or an offense punishable by reclusion


perpetua or life imprisonment without conducting the re"uired bail hearing,
he is considered guilty of ignorance or incompetence the gravity of which
cannot be e!cused by a claim of good faith or e!cusable negligence. Ehen a
#udge displays an utter unfamiliarity with the law and the rules, he erodes
the confidence of the public in the courts. ( #udge owes the public and the
court the duty to be proficient in the law and is e!pected to keep abreast
of laws and the prevailing #urisprudence. 'gnorance of the law by a #udge
can easily be the mainspring of in#ustice. (,6+<3D) '. 1RA1<DA vs. ,>D1<
)I<;6 ;. ;R<*'A33<* [A.0. 0;, )o. 0"782.. %ebr-ar/ 2, 200"#$
PROMPT DISPOSITION OF CASES
I7*%#8 +s )"$ A,%+#)+BB +# % ;%s$ +#v!,v+#8 % ;!,,$;)+!# !B 7!#$' C+)"
&%7%8$s. J2&8$ &$, R!s%(+! B%+,$& )! &$;+&$ !# )"$ ;%s$ C+)"+# )"$ 1>J
&%' ($8,$7$#)%(' A$(+!& %#& $v$# %B)$( )"$ ,%As$ !B )$# 7!#)"s4 )"$
M2&8$ "%& #!) '$) ($s!,v$& )"$ ;%s$. S"!2,& J2&8$ &$, R!s%(+! *$
s%#;)+!#$& %&7+#+s)(%)+v$,' B!( "+s B%+,2($ )! ($s!,v$ % ;%s$ C+)"+# )"$
($8,$7$#)%(' A$(+!&E
YES. The -ailure Of ( 6udge To 'mmediately 2esolve Pending
&otions and to :ecide Cases Eithin The /7,:ay 2eglementary Period
Constitutes Fross 'nefficiency. 2ule 1.70 of The Code of 6udicial Conduct
re"uires #udges to dispose of the court8s business promptly and to act, one
way or the other, on cases pending before him within the prescribed period
therefore. $ndue delay in resolving a pending motion constitutes gross
inefficiency. :elay results in undermining the people8s faith in the #udiciary
and from whom the prompt hearing of their supplications is anticipated and
e!pected, and reinforces in the mind of the litigants the impression that
the wheels of #ustice grind ever so slowly. Certainly, undue delay cannot be
countenanced at a time when the clogging of the court dockets is still the
bane of the #udiciary. 6udges are e!pected to observe utmost diligence and
dedication in the performance of their #udicial functions and the discharge
of their duties. 6udge :el 2osario is meted with a fine in the amount of Ten
Thousand Pesos. (D636R<* I0=A)1 vs. ,>D1< D<61RA+IA* (. D<3
R6*ARI6 [A.0. )o. 0;,703788. %ebr-ar/ 3, 200".#$
S"!2,& % M2&8$ *$ &+s;+A,+#$& B!( "+s B%+,2($ )! &$;+&$ )"$ $,$;)+!# ;%s$s
C+)"+# )"$ ($8,$7$#)%(' A$(+!&E
YES. 6udges should dispose of court business promptly within the
period prescribed by law or the e!tended time granted them by this Court.
This is mandated by 2ule 1.70 of Canon 1 of the Code of 6udicial Conduct,
and by no less than the Constitution itself. Canon 4 reminds a #udge to be
prompt in disposing of all matters submitted to him or her, remembering
that #ustice delayed is often #ustice denied. :elay in the disposition of


cases erodes the faith and confidence of the public in the institution of
#ustice, lowers its standards and brings them into disrepute. very #udge
must cultivate a capacity for "uick decision+ he must not delay the
#udgment which a party #ustly deserves. The public trust reposed in a
#udge=s office imposes upon him the highest degree of responsibility to
promptly administer #ustice.
The Court, however, is not unaware of the heavy caseload of #udges
and the rigors of travel that they sometimes have to make because of detail
to vacant salas. 't is precisely for this reason that the Court has been
sympathetic to re"uests for e!tensions of time within which to decide cases
and resolve matters and incidents related thereto. 'ndeed, the Court allows
a certain degree of latitude to #udges and grants them a reasonable
e!tension of time to decide and resolve cases upon proper application by
the #udge concerned and on meritorious grounds. (R60<R6 ;<6D6*I6,
R63A)D6 RI+6 vs. 96). ,>D1< AR;>R6 R. +ARPI6 [A. 0. )o. 0;,7027
".. %ebr-ar/ 2:, 200"#$
PARTIALITY
D!$s % M2&8$s %;)+v$ A%()+;+A%)+!# &2(+#8 )"$ "$%(+#8 !B )"$ C(+) !B
A($,+7+#%(' +#M2#;)+!# %7!2#) )! %# $v+&$#) &+sA,%' !B "+s *+%s %#&
A%()+%,+)' +# B%v!( !B )"$ A(+v%)$ ($sA!#&$#)s %#& s"!2,& "$ )"$($B!($
&+sK2%,+B' "+7s$,B B(!7 B2()"$( "$%(+#8 )"$ ;+v+, ;%s$E
NO. Paragraph 3?5, Section . of 2ule .1<, 2ules of Court, provides
that a #udge may, in the e!ercise of his sound discretion, dis"ualify himself
from sitting in a case, for #ust or valid reasons other than those mentioned
in the said provision. But it does not give #udges the unfettered discretion
to decide whether to desist from hearing a case. The inhibition must be for
#ust and valid reasons. The mere imputation of bias or partiality is not
enough ground for them to inhibit, especially when the charge is without
basis. &ere intervention of the respondent #udge during the hearing of
preliminary in#unction by simply asking the materiality of a "uestion
directed upon the witness and ruling against the petitioners are within the
prerogatives and powers of the #udge. The fact that the #udge asked
"uestions in the course of the trial does not make him a biased #udge. 't is
not only the right but also the duty of a trial #udge to e!amine witnesses
when it appears necessary for the elucidation of the record. ( #udge may
also properly intervene in the presentation of evidence to e!pedite and
prevent unnecessary waste of time and clarify obscure and incomplete
details after the witness has given direct testimony. &ere suspicion of
partiality is not enough. There should be hard evidence to prove it, as well
as a manifest showing of bias and partiality stemming from e!tra#udicial
source or some other basis. 'n the absence of clear and convincing evidence
to prove the charge, a ruling not to inhibit oneself cannot #ust be


overturned. -urthermore, #ust because the opinion of a party is at variance
with that of the #udge, the former cannot use it as an e!cuse to hurl
imputations of unfairness and partiality in the absence of clear and
convincing proof. (*P6>*<* 3<6P63D6 9IC6) an& P<R3I;A D<3A %><);<
9IC6) vs. *P6>*<* 1I1I D<3A %><);< an& ,6*<P9I)< 0A)1A9A*,
*P6>*<* ,6R1< 0A1=I;A)1 an& AD<3AIDA 'I33A+6R;A 0A1=I;A)1
[1.R. )o. 82328. 0arch 23, 200".#$


Bar Exam Questions & Answers
PRACTICE OF LAW
QUALIFICATIONS
Q2$s)+!#
UA!# ,$%(#+#8 B(!7 #$CsA%A$( ($A!()s )"%) *%( ;%#&+&%)$ V+;
P28!)$ A%ss$& )"$ *%( $G%7+#%)+!#s4 M+ss A&!(%*,$ +77$&+%)$,' ,!&8$& %
;!7A,%+#) C+)" )"$ S2A($7$ C!2()4 A(%'+#8 )"%) V+; P28!)$ *$
&+s%,,!C$& B(!7 )%L+#8 )"$ !%)" %s % 7$7*$( !B )"$ P"+,+AA+#$ B%(
*$;%2s$ "$ C%s 7%+#)%+#+#8 +,,+;+) s$G2%, ($,%)+!#s C+)" s$v$(%, C!7$#
!)"$( )"%# "+s ,%CB2,,' C$&&$& sA!2s$. H!C$v$(4 B(!7 2#$GA,%+#$&
($%s!#s4 "$ s2;;$$&$& )! )%L$ "+s !%)" %s % ,%C'$(. L%)$(4 C"$#
;!#B(!#)$& C+)" M+ss A&!(%*,$s ;!7A,%+#) B!(7%,,'4 P28!)$ 7!v$& B!( +)s
&+s7+ss%, !# )"$ 8(!2#& )"%) +) +s %,($%&' 7!!) %#& %;%&$7+;. S"!2,&
M+ss A&!(%*,$s ;!7A,%+#) *$ &+s7+ss$& !( #!)E EGA,%+# *(+$B,'.
A#sC$(
The complaint of &iss (dorable should not be dismissed. 'n the
case of ;apucar v. ;apucar the Supreme Court ruled that good moral
character is not only a condition precedent for admission to the legal
profession, but it must also remain intact in order to maintain one=s good
standing in that e!clusive and honored fraternity. The grounds for
disbarment or suspension of a lawyer consist of those acts of misconduct
committed before and after his admission to practice. The acts of
misconduct prior to admission include those which indicate that at the time
the lawyer took his oath he did not possess the re"uired "ualifications for
membership in the bar, such as good moral character, citi)enship,
completion of the educational re"uirements and passing the bar
e!aminations. (nything which shows that he has none of any of these
"ualifications will #ustify cancellation of his license. Thus, the taking of the
oath as a member of the Philippine Bar neither warrants the dismissal of
the complaint against Hic Pugote nor does it render said complaint moot
and academic.
A,)$(#%)+v$ A#sC$(
(tty. &alibu=s contention is not tenable. :isciplinary proceedings
are sui generis. They are neither civil nor criminal proceedings. 'ts purpose
is not to punish the individual lawyer but to safeguard the administration of
#ustice by protecting the court and the public from the misconduct of


lawyers and to remove from the profession of law persons whose disregard
of their oath of office proves them unfit to continue discharging the trust
reposed in them as members of the bar. :isbarment is imprescriptible.
$nlike ordinary proceedings, it is not sub#ect to the defense of prescription.
The ordinary statute of limitations has no application to disbarment
proceedings. (%alo vs. 2egamo, ?7 SC2( ..4? M./4<N5.
RIGHTS OF THE ACCUSED
Q2$s)+!#
UA!# !A$#+#8 s$ss+!# !B "+s ;!2()4 )"$ P($s+&+#8 J2&8$ #!)+;$&
)"$ A($s$#;$ !B )$,$v+s+!# ;%7$(%s s$) 2A %) s)(%)$8+; A,%;$s +# "+s
;!2()(!!7 %#& )"$ A!s)+#8 !B 7$&+% A(%;)+)+!#$(s %,, !v$( "+s s%,% C+)"
)"$+( v+&$! ;%7$(%s. T"$ M2&8$ B!()"C+)" +ss2$& %# !(&$( &+($;)+#8 )"$
$G;,2s+!# B(!7 )"$ ;!2()(!!7 !B %,, )$,$v+s+!# A%(%A"$(#%,+% %#& B2()"$(
+#s)(2;)+#8 )"$ ($A!()$(s +#s+&$ )"$ "%,, #!) )! !A$(%)$ )"$+( @v+&$!
;%7sD &2(+#8 )"$ A(!;$$&+#8s. T"$ &$B$#s$ ,%C'$(s !*M$;)$& )! )"$
;!2()s !(&$(4 ;,%+7+#8 )"%) +) C%s v+!,%)+v$ !B )"$+( ;,+$#)s
;!#s)+)2)+!#%, (+8") )! % A2*,+; )(+%,.
I# +ss2+#8 )"$ K2$s)+!#$& !(&$(4 &+& )"$ J2&8$ %;) +# v+!,%)+!# !B
)"$ (+8")s !B )"$ %;;2s$& )! % A2*,+; )(+%,E D+s;2ss *(+$B,'.
D+& )"$ J2&8$ %;) +# &$(!8%)+!# !B A($ss B($$&!7 C"$# "$
&+($;)$& )"$ $G;,2s+!# !B )"$ )$,$v+s+!# A%(%A"$(#%,+% B(!7 )"$
;!2()(!!7 %#& C"$# "$ A(!"+*+)$& )"$ #$Cs ($A!()$(s +# )"$ ;!2()(!!7
B(!7 !A$(%)+#8 )"$+( @v+&$! ;%7sD &2(+#8 )"$ A(!;$$&+#8sE R$%s!#
*(+$B,'.
A#sC$(?
(. N!, the 6udge did not act in violation of the rights of the accused to
a public trial. The right assured under the Constitution covers the right of
the defendant to be given an opportunity to be heard and that #udgment be
rendered upon lawful hearing. The #udge has the right to order the
e!clusion of the reporters from the courtroom since under 2ule 1.71 of the
Code of 6udicial Conduct, A( #udge shall maintain order and proper
decorum in the court.B ( trial is public Awhen anyone interested in
observing the manner a #udge conducts the proceedings in his courtroom
may do so> 3)arcia vs. 2omingo, 0? SC2( .@1 M./<1N5. There is to be no ban
on attendance. 'n the "uestion given, the #udge did not bar attendance,
only the use of television paraphernalia and Avideo camsB.
B. N!. Press freedom is not violated when the #udge directed the
e!clusion of the television paraphernalia from the courtroom since 2ule
..71 of the Code of 6udicial Conduct provides that A( #udge should be
vigilant against any attempt to subvert the independence of the #udiciary
and resist any pressure from whatever source.B The #udge may lawfully do


so since he merely protecting the Court by proscribing public comments on
pending litigations which is not allowed if such would impede obstruct,
embarrass or influence the courts in administering #ustice in a pending suit
or proceeding.
The serious risks posed to the fair administration of #ustice by live
TH and radio broadcast, especially when emotions are running high on the
issues stirred by the case, should be taken into consideration before
addressing the issue of press freedom. The right of the accused to a fair
trial, not by trial by publicity takes precedence over press freedom as
invoked by the TH reporters in this case. 3 Sec.Pere* vs. :strada, 140 SC2(
4?, M?77.N5.
CODE OF PROFESSIONAL RESPONSIBILITY
LAWYERS DUTIES
Q2$s)+!#?
U#&$( )"$ C!&$ !B P(!B$ss+!#%, R$sA!#s+*+,+)'4 C"%) +s )"$
A(+#;+A%, !*,+8%)+!# !B % ,%C'$( )!C%(&s?
3. T"$ ,$8%, A(!B$ss+!# %#& )"$ I#)$8(%)$& B%(E
.. H+s A(!B$ss+!#%, ;!,,$%82$sE
/. T"$ &$v$,!A7$#) !B )"$ ,$8%, s's)$7E
0. T"$ %&7+#+s)(%)+!# !B M2s)+;$E
<. H+s ;,+$#)E
A#sC$(?
.. The principal obligations of a lawyer to the legal profession and
the 'ntegrated Bar are>
a. uphold the integrity of the *egal Profession
b. observe candor, fairness, and truthfulness in relating
with other colleagues
c. prevent unauthori)ed practice of law
d. avoid solicitation and advertising
e. pay membership fees in the 'ntegrated Bar of the
Philippines
?. The principal obligations of a lawyer to his professional
colleagues are>
c. observe candor, fairness, and truthfulness in relating
with other colleagues
d. use temperate language in professional dealings with
other lawyers


e. avoid encroachment upon the business of another
lawyer
1. The principal obligations of a lawyer to the development of the
legal system are>
a. Participate in the development of the legal system
b. 'nitiate or support efforts in law reform and in
improvement of the administration of #ustice
c. Jeep abreast of legal developments
d. Participate in continuing legal education programs
e. Support efforts to achieve high standards in law schools
f. assist in disseminating information regarding law and
#urisprudence
@. The principal obligations of a lawyer to the administration of
#ustice are>
a. come to the court ade"uately prepared
b. avoid filing multiple actions and forum shopping
c. disclose pending case
d. temper client8s propensity to litigate
e. file pleading within the reglementary period
f. duty not to delay or impede e!ecution of #udgment
g. duty not to talk to a witness during recess
h. duty not to assist a witness to misrepresent
i. duty not to harass a witness
0. The principal obligations of a lawyer to his client are>
a. ascertain possible conflict of interest
b. preserve the secrets of a prospective client
c. duty not to decline unpopular clients
d. duty not to decline appointment by the court or by 'BP
e. observe the same standard for all clients
f. give candid advice on the merits of the case
g. comply with client=s lawful re"uest
h. restrain client from impropriety
i. avoid influence,peddling
#. employ only honorable means
k. rectify client8s fraud
l. render service only when "ualified to do so
m. not to handle a case without ade"uate preparation
n. keep client fully informed
o. not to borrow from, nor lend money to, client
p. account for client8s funds
". not to commingle client8s funds
r. deliver client8s funds sub#ect to his lien
s. not to purchase client8s property in litigation
t. preserve client8s confidence


COLLABORATING COUNSEL
Q2$s)+!#?
I# )"$ ;!2(s$ !B % M2&+;+%, A(!;$$&+#84 % ;!#B,+;) !B !A+#+!#s %s )!
% A%()+;2,%( ,$8%, ;!2(s$ !B %;)+!# )! *$ )%L$# %(!s$ *$)C$$# AB %#& CD4
)C! ,%C'$(s "+($& *' M(. XX4 % A%()'J,+)+8%#)4 )! %;) M!+#),' %s "+s
;!2#s$,.
H!C s"!2,& s2;" A(!*,$7 *$ ($s!,v$&4 %#& C"!s$ !A+#+!# s"!2,&
A($v%+,E W"%) ;%# AB4 )"$ ,%C'$( C"!s$ !A+#+!# C%s #!) B!,,!C$&4 &!
C"$# s"$ "!#$s),' *$,+$v$s )"%) )"$ !A+#+!# !B CD4 )"$ !)"$( ;!2#s$,4 +s
#!) %s ,$8%,,' %#& B%;)2%,,' C$,, 8(!2#&$& %s "$( !A+#+!# +sE EGA,%+#
*(+$B,'.
A#sC$(?
The opinion of the client should prevail as to what course of action
should be taken. 'n case the opinion of lawyer (B was not followed, (B may
ask the client to relieve him, C%#!# = !B )"$ C%#!#s !B P(!B$ss+!#%, E)"+;s
A(!v+&$s )"%) OW"$# ,%C'$(s M!+#),' %ss!;+%)$& +# % ;%2s$ ;%##!) %8($$
%s )! %#' 7%))$( v+)%, )! )"$ +#)$($s) !B )"$ ;,+$#)4 C"+;" )"$ ;,+$#)
s"!2,& ($s!,v$4 )"$ ,%C'$( C"!s$ M2&87$#) "%s *$$# !v$((2,$& s"!2,&4
+B )"$ #%)2($ !B )"$ ;!#B,+;) 7%L$s +) +7A(%;)+;%*,$ B!( "+7 )! ;!!A$(%)$
$BB$;)+v$,'4 %sL )"$ ;,+$#) )! ($,+$v$ "+7.O
WITHDRAWAL FROM CASE
Q2$s)+!#
O# )"$ $v$ !B )"$ +#+)+%, "$%(+#8 B!( )"$ ($;$A)+!# !B $v+&$#;$
B!( )"$ &$B$#s$4 )"$ &$B$#&%#) %#& "+s ;!2#s$, "%& % ;!#B$($#;$ C"$($
)"$ ;,+$#) &+($;)$& )"$ ,%C'$( )! A($s$#) %s A(+#;+A%, &$B$#s$ C+)#$ss$s
)C! A$(s!#s C"!s$ )$s)+7!#+$s C$($ A$(s!#%,,' L#!C# )! )"$ ,%C'$( )!
"%v$ *$$# A$(M2($&. T"$ ,%C'$( +#B!(7$& "+s ;,+$#) )"%) "$ ($B2s$& )!
8! %,!#8 C+)" )"$ 2#C%((%#)$& ;!2(s$ !B %;)+!# A(!A!s$& *' )"$
&$B$#&%#). B2) )"$ ;,+$#) +#s+s)$& !# "+s &+($;)+v$4 !( $,s$ "$ C!2,& #!)
A%' )"$ %8($$& %))!(#$'s B$$s.
W"$# )"$ ;%s$ C%s ;%,,$& B!( "$%(+#8 )"$ #$G) 7!(#+#84 )"$
,%C'$( B!()"C+)" 7!v$& +# !A$# ;!2() )"%) "$ *$ ($,+$v$& %s ;!2#s$, B!(
)"$ &$B$#&%#). B!)" )"$ &$B$#&%#) %#& )"$ A,%+#)+BBs ;!2#s$, !*M$;)$&
)! )"$ 7!)+!#.
A. U#&$( )"$ 8+v$# B%;)s4 +s )"$ &$B$#s$ ,%C'$( ,$8%,,' M2s)+B+$& +#
s$$L+#8 C+)"&(%C%, B(!7 )"$ ;%s$E W"' !( C"' #!)E R$%s!# *(+$B,'.
B. W%s )"$ 7!)+!# B!( ($,+$B %s ;!2#s$, 7%&$ *' )"$ &$B$#s$ ,%C'$(
+# B2,, %;;!(& C+)" )"$ A(!;$&2(%, ($K2+($7$#)s B!( % ,%C'$(s
C+)"&(%C%, B!(7 % ;!2() ;%s$E EGA,%+# *(+$B,'.
A#sC$(?


(. Y$s, the defense lawyer is legally #ustified in seeking withdrawal
from the case because 2ule ??.7. of the Code of Professional 2esponsibility
provides that a lawyer may withdraw from a case even without the consent
of the client when the client pursues an illegal or immoral course of
conduct in connection with the matters he is handling, or when the client
insists that the lawyer pursue conduct violative of the canons and rules.
2ule .0.7< provides that a lawyer shall impress upon his client compliance
with the laws and the principles of fairness. Ehile he owes his client warm
)eal, it should always be within the bounds of the law 3Canon ./, Code of
Professional 2esponsibility5.
B. N!, Canon @ of the Canons of Professional thics re"uires a lawyer
to serve a copy of his petition upon his client and the adverse party at least
three days before the date set for hearing, otherwise the court may treat
the application as a mere scratch of paper. Ce should moreover present his
petition well in advance of the trial of the action to enable the client to
secure the services of another lawyer. Ehether or not a lawyer has a valid
cause to withdraw from a case, he cannot #ust do so and leave the client in
the cold unprotected.
Q2$s)+!#
A))'. DDs s$(v+;$s C$($ $#8%8$& *' M(. BB %s &$B$#s$ ;!2#s$, +#
% ,%Cs2+). I# )"$ ;!2(s$ !B )"$ A(!;$$&+#8s4 A))'. DD &+s;!v$($& )"%) M(.
BB C%s %# %8#!s)+; %#& % "!7!s$G2%,. B' ($%s!# )"$($!B4 A))'. DD B+,$&
% 7!)+!# )! C+)"&(%C %s ;!2#s$, C+)"!2) M(. BBs $GA($ss ;!#s$#). Is
A))'. DDs 7!)+!# ,$8%,,' )$#%*,$E R$%s!# *(+$B,'.
A#sC$(
N!, (tty. ::=s contention is not legally tenable. Canon ?? of the
Code of Professional 2esponsibility and Canon @@ of the Canons of
Professional thics provides that a lawyer or counsel shall withdraw his
services only for good cause. -urthermore, 2ule ??.7., Canon ?? of the
Code of Professional 2esponsibility enumerates the instances when a lawyer
may withdraw his services. 'n the case at bar the reason of (tty. :: that
&r. BB was an agnostic and a homose!ual cannot be considered as a good
cause because it is not included in those mentioned in 2ule ??.7., Canon ??
of the Code of Professional 2esponsibility.
-urthermore, Section ?4, 2ule .1; of the 2evised 2ules of Court
enunciates that written consent of the client must be obtained first before
an attorney can withdraw from the case in certain cases. (ccordingly, (tty.
::=s right to retire from the case before its final ad#udication arises only
from the client=s written consent and for a good causes.
COUNSEL DE OFICIO
Q2$s)+!#


P(+7!. S$82#&! %#& T$(;$(! %($ ;!J%;;2s$& +# %# +#B!(7%)+!#
;"%(8+#8 )"$7 C+)" )"$ ;(+7$ !B "!7+;+&$. T"$' %($ ($sA$;)+v$,'
($A($s$#)$& *' A))'s. J2%# U#!4 J!s$ D!s %#& P%*,! T($s. D2(+#8 )"$
A($J)(+%, ;!#B$($#;$4 A))'s. U#! %#& D!s 7%#+B$s)$& )! )"$ ;!2() )"%)
)"$+( ;,+$#)s %($ +#v!L+#8 %,+*+ %s )"$+( &$B$#s$. A))'. T($s 7%&$ +)
L#!C# )"%) %;;2s$& T$(;$(! &$#+$s +#v!,v$7$#) %#& C!2,& )$s)+B' )"%)
P(+7! %#& S$82#&! %;)2%,,' A$(A$)(%)$& )"$ ;!77+ss+!# !B )"$ !BB$#s$
;"%(8$& +# )"$ +#B!(7%)+!#.
I# !#$ "$%(+#8 &2(+#8 )"$ A($s$#)%)+!# !B )"$ A(!s$;2)+!#s
$v+&$#;$ +# ;"+$B4 A))'. U#! B%+,$& )! %AA$%( +# ;!2(). W"$# K2$(+$& *'
)"$ J2&8$ +B %;;2s$& P(+7! +s C+,,+#8 )! A(!;$$& C+)" )"$ "$%(+#8 &$sA+)$
"+s ;!2#s$,s %*s$#;$4 P(+7! 8%v$ "+s ;!#s$#) A(!v+&$& A))'s. D!s %#&
T($s C!2,& *$ &$s+8#%)$& %s "+s M!+#) ;!2#s$, &e oficio B!( )"%) A%()+;2,%(
"$%(+#8. T"$($2A!#4 )"$ ;!2() &+($;)$& A))'s. D!s %#& T($s )! %;) %s
;!2#s$, &e oficio !B %;;2s$& P(+7! !#,' B!( A2(A!s$s !B )"$ s;"$&2,$&
"$%(+#8.
A))'. D!s %;;$A)$& "+s &$s+8#%)+!#4 *2) A))'. T($s ($B2s$&.
A. Is )"$($ %#' +7A$&+7$#) )! A))'. D!s %;)+#8 %s ;!2#s$, &e oficio
B!( %;;2s$& P(+7!E R$%s!#.
B. M%' A))'. T($s ,$8%,,' ($B2s$ "+s &$s+8#%)+!# %s ;!2#s$, &e oficio
!B %;;2s$& P(+7!E R$%s!#.
A#sC$(?
(. (tty. :os may act as counsel de o,icio for accused Primo since both
Primo and Segundo are invoking alibi as their defense. 'n criminal cases, it
is the duty of a lawyer to undertake the defense of a person accused of a
crime due to the Constitutional presumption of innocence and that the
accused=s guilt must be proven beyond reasonable doubt.
B. (tty. Tres may validly refuse his designation as counsel de o,icio of
the accused Primo since there is a conflict of interest between Primo and
his client. There is already an attorney,client relationship that is e!isting
between (tty. Tres and Tercero and accepting the appointment as de o,icio
would adversely affect the interest of his client. There is conflicting
interest if there is inconsistency in the interests of two or more opposing
parties. The test is whether or notin behalf of one client, it is the lawyer=s
duty to fight for an issue or claim but it is his duty to oppose it for the
other client. (tty. Tres may not then be e!pected to fulfill his duty to
render effective service and e!ert his best effort on behalf of the accused.
CODE OF JUDICIAL CONDUCT


JUDGE4 PRACTICE OF LAW
T+
Q2$s)+!#
Ass27$ )"%) '!2( B(+$#& %#& ;!,,$%82$4 J2&8$ P$)$( X. M%"+#%'4
% R$8+!#%, T(+%, C!2() M2&8$ s)%)+!#$& %) KL C+)'4 C!2,& s$$L '!2( %&v+;$
($8%(&+#8 "+s +#)$#)+!# )! %sL )"$ A$(7+ss+!# !B )"$ S2A($7$ C!2() )! %;)
%s ;!2#s$, B!( %#& )"2s ($A($s$#) "+s C+B$ +# )"$ )(+%, !B % ;+v+, ;%s$ B!(
&%7%8$s A$#&+#8 *$B!($ )"$ R$8+!#%, T(+%, C!2() !B AA%((+4 C%8%'%#.
W"%) C!2,& *$ '!2( %&v+;$ )! "+7E D+s;2ss *(+$B,'.
A#sC$(
(s a friend and colleague of 6udge Peter O. &ahinay, ' would advise
him not to represent his wife as counsel but instead seek the services of
another counsel. $nder 2ule .1;, Section 10 of the 2evised 2ules of Court,
#udges are prohibited from engaging in the private practice of law or giving
professional advice to clients. This is reiterated in 2ule 0.7< of the Code of
6udicial Conduct, thus, A( #udge shall not engage in the private practice of
law. $nless prohibited by the Constitution or law, a #udge may engage in the
practice of any other profession provided that such practice will not
conflict or tend to conflict with his #udicial functions.B
'n Fragera vs. -rancisco, (.&. %o. 2T6,7?,.4<7, 6une ?4, ?771, @70
SC2( .<, AThe proscription against the private practice of law, or #ust giving
professional advice to clients, by 6udges is based on public policy. The
prohibition applies e"ually well to the appointment of and acceptance by
#udges to the post of attorney,in,fact in actual litigations, a fact which
also, by and large, incompatible with the high office, functions, prestige
and privileges of a #udge. 't is of no moment, albeit worse, that the case
where he accepts such designation as attorney,in,fact is one that pends
before his own court. The mere perception that the #udge might or could
unduly influence the conduct, as well as the outcome of the case, can
undermine, or compromise in the eyes of the public at the very least, the
integrity and independence of the court. Thus, it is often said, a #udge
should avoid not only an actual impropriety but also even the appearance of
impropriety.B
UNJUST JUDGMENT
Q2$s)+!#?
A))'. J%(%I! B+,$& % ;+v+, s2+) B!( &%7%8$s %8%+#s) "+s *2s+#$ss
%ss!;+%)$s. AB)$( &2$ )(+%,4 J2&8$ D$M%&! ($#&$($& M2&87$#) &+s7+ss+#8
A))'. J%(%I!s ;!7A,%+#). A))'. J%(%I! &+& #!) %AA$%, B(!7 )"$ &$;+s+!#
($#&$($& *' J2&8$ D$M%&!4 )"$($*' ($#&$(+#8 )"$ M2&87$#) B+#%, %#&
$G$;2)!('. T"$($%B)$(4 A))'. J%(%I! ,!&8$& % ;(+7+#%, ;!7A,%+#) %;;2s+#8
J2&8$ D$M%&! !B ($#&$(+#8 % 7%#+B$s),' 2#M2s) M2&87$#) *$B!($ )"$


OBB+;$ !B )"$ O7*2&s7%#. W+,, A))'. J%(%I!s ;!7A,%+#) %8%+#s) J2&8$
D$M%&! A(!sA$(E W"' !( C"' #!)E R$%s!#.
A#sC$(?
(tty. 6ara)o=s complaint against 6udge :e#ado for rendering a
manifestly un#ust #udgment before the Office of the Ombudsman will not
prosper. 'n Ceirs of the *ate 6ustice 6ose B.*. 2eyes vs. :emetria, (.&. %o.
C(,7.,?., 6anuary ?1, ?77?, 1<@ SC2( ?74, A'n order to discipline a #udge,
it must be clearly shown that the #udgment or order is un#ust as being
contrary to law and that the #udge rendered it with conscious and
deliberate intent to do an in#ustice. 6udges cannot be sub#ected to liabilityD
civil, criminal or administrativeDfor any of their official acts, no matter how
erroneous, so long as they act in good faith. 't is only when they act
fraudulently or corruptly, or with gross ignorance may they be held
criminally or administratively responsible. (n erroneous decision or order is
presumed to have been issued in good faith in the absence of proof to the
contrary.B Thus, absence of any cavil that the #udgment is un#ust as being
contrary to law or is not supported by evidence, and that the #udge
rendered it with conscious and deliberate intent to do an in#ustice, the
criminal complaint against 6udge :e#ado will not prosper.
PARTIALITY
Q2$s)+!#?
J2&8$ AB+;+!#%&! C%s %7!#8 )"$ s$v$(%, )"!2s%#&s !B sA$;)%)!(s
C%);"+#8 % *%sL$)*%,, 8%7$ %) )"$ R+I%, M$7!(+%, C!,+s$27 C"! s%C )"$
s)%**+#8 !B ($B$($$ M%'L+,,+#8 *' A,%'$( B%(%;;! +# )"$ ;!2(s$ !B )"$
8%7$. T"$ ;(+7+#%, ;%s$ ;!(($sA!#&+#8,' B+,$& %8%+#s) B%(%;;! B!( )"$
s)%**+#8 !B M%'L+,,+#8 C%s (%BB,$& )! )"$ R$8+!#%, T(+%, C!2() B(%#;"
A($s+&$& !v$( *' J2&8$ AB+;+!#%&!. S"!2,& J2&8$ AB+;+!#%&! s+) +#
M2&87$#) !v$( %#& )(' )"$ ;%s$ %8%+#s) B%(%;;!E EGA,%+#.
A#sC$(?
6udge (ficionado should not sit in #udgment over the case. 2ule
1..? of the Code of 6udicial Conduct provides the instances in which Aa
#udge should take no part in a proceeding where the #udge=s impartiality
might reasonably be "uestioned. These cases include, among others,
proceedings where> 3a5 the #udge has personal knowledge of disputed
evidentiary facts concerning the proceedingPB The rule on dis"ualification
of a #udge, whether compulsory or voluntary, to hear a case finds its
rationale in the salutary principle that no #udge should preside in a cause in
which he is not wholly free, disinterested, impartial and independent,
which is aimed at preserving the people=s faith and confidence in the courts
of #ustice. The #udge may, however, Ainstead of withdrawing from the
proceeding, disclose on the record the basis of dis"ualification. 'f based on


such disclosure, the parties and lawyers independently of the #udge
participation, all agree in writing that the reason for the inhibition is
immaterial or insubstantial, the #udge may then participate in the
proceeding.B 32ule 1..1 of the Code of 6udicial Canon5 This is known as
remittal of dis"ualification.
DISBARMENT
DELAY IN FILING A COMPLAINT
Q2$s)+!#>
A,,$8+#8 )"%) A))'. M%,+*2 s$&2;$& "$( C"$# s"$ C%s !#,' s+G)$$#
'$%(s !,&4 C"+;" ($s2,)$& +# "$( A($8#%#;' %#& )"$ *+()" +B % *%*' 8+(,4
M+ss M%8%'!# B+,$& % ;!7A,%+#) B!( "+s &+s*%(7$#) s$v$# '$%(s %B)$( )"$
%,,$8$& s$&2;)+!# C%s ;!77+))$&.
A))'. M%,+*2 ;!#)$#&$& )"%)4 ;!#s+&$(+#8 )"$ A$(+!& !B &$,%'4 )"$
;!7A,%+#) B+,$& %8%+#s) "+7 ;%# #! ,!#8$( *$ $#)$()%+#$& 72;" ,$ss
A(!s$;2)$& *$;%2s$ )"$ %,,$8$& !BB$#s$ "%s %,($%&' A($s;(+*$&. Is A))'.
M%,+*2s ;!#)$#)+!# )$#%*,$ !( #!)E R$%s!# *(+$B,'.
A#sC$(>
N!, (tty. &alibu=s contention is bereft of any merit. 'n &acarrubo
vs. (tty. &acarrubo M(.C. %o. 4.@;. -ebruary ?<, ?77@N, A(s officers of the
court, lawyers must not only in fact be of good moral character but must
also be perceived to be of good moral character and must lead a life in
accordance with the highest moral standards of the community. The moral
delin"uency that affects the fitness of a member of the bar to continue as
such, including that which makes a mockery of the inviolable social
institution of marriage, outrages the generally accepted moral standards of
the community.
A'n sum, respondent has breached the following precepts of the
Code of Professional 2esponsibility>
A2ule ..7. D ( lawyer shall not engage in unlawful, dishonest,
immoral or deceitful conduct.
AC(%O% < D ( lawyer shall at all times uphold the integrity and
dignity of the legal profession, and support the activities of the
'ntegrated Bar.
A2ule <.71 D ( lawyer shall not engage in conduct that adversely
reflects on his fitness to practice law, nor shall he, whether in public or
private life, behave in a scandalous manner to the discredit of the legal
profession.B


DISBARMENT PROCEDURE
Q2$s)+!#>
A &+s*%(7$#) ;!7A,%+#) %8%+#s) % ,%C'$( C%s ($B$(($& *' )"$
S2A($7$ C!2() )! % J2&8$ !B )"$ R$8+!#%, T(+%, C!2() B!( +#v$s)+8%)+!#4
($A!() %#& ($;!77$#&%)+!#. O# )"$ &%)$ s$) B!( )"$ "$%(+#8 !B )"$
;!7A,%+#)4 )"$ J2&8$ "%& )"$ ;%s$ ;%,,$& B!( )(+%, +# !A$# ;!2() %#&
A(!;$$&$& )! ($;$+v$ $v+&$#;$ B!( )"$ ;!7A,%+#%#). W"%) C!2,& '!2
"%v$ &!#$ +B '!2 C$($ )"$ ;!2#s$, B!( )"$ ($sA!#&$#)J,%C'$(E W"'E
R$%s!# *(+$B,'.
A#sC$(>
(s the counsel for the respondent lawyer, ' shall ask that the
complaint be dismissed since the procedure provided under the 2ules of
Court was not followed. 't is provided in 2ule .1/,B of the 2evised 2ules of
Court that if the Court deems it necessary that further in"uiry should be
made in connection with a disbarment case, such as when the matter could
not be resolved by merely evaluating the pleadings submitted, a referral is
made to the Solicitor Feneral, any officer of the SC, or any #udge of a lower
court for a formal investigation of the case during which it is only the
respondent who is given the right to fully defend himself, to present
witnesses on his behalf and be heard by himself and counsel. The
complainant in such cases does not have the right to present evidence.
MORAL TURPITUDE
Q2$s)+!#?
A))'. W%,%s2#)! "%s *$$# % 7$7*$( !B )"$ P"+,+AA+#$ B%( B!(
)C$#)' '$%(s *2) "%s #$v$( A(%;)+;$& "+s A(!B$ss+!# %s % ,%C'$(. H+s s!,$
7$%#s !B ,+v$,+"!!& +s s$,,+#8 %#& *2'+#8 ($%, $s)%)$. I# !#$ !B "+s
)(%#s%;)+!#s %s % ($%, $s)%)$ *(!L$(4 "$ +ss2$& % *!2#;+#8 ;"$;L. H$ C%s
;(+7+#%,,' A(!s$;2)$& %#& s2*s$K2$#),' ;!#v+;)$& B!( v+!,%)+#8 B.P. B,8.
... I# )"$ &+s*%(7$#) A(!;$$&+#8s B+,$& %8%+#s) "+74 A))'. W%,%s2#)!
;!#)$#&$& )"%) "+s ;!#v+;)+!# B!( v+!,%)+!# !B B.P. B,8. .. C%s #!) % v%,+&
8(!2#& B!( &+s;+A,+#%(' %;)+!# %8%+#s) % 7$7*$( !B )"$ *%(. H$ B2()"$(
%(82$& )"%) "+s %;) +# +ss2+#8 )"$ ;"$;L C%s &!#$ +# ($,%)+!# )! "+s ;%,,+#8
%s % ($%, $s)%)$ *(!L$( %#& #!) +# ($,%)+!# )! )"$ $G$(;+s$ !B )"$
A(!B$ss+!# !B % ,%C'$(. A($ )"$ ;!#)$#)+!#s !B A))'. W%,%s2#)!
7$(+)!(+!2s !( #!)E R$%s!#.
A#sC$(>
NO4 the contentions of (tty. Ealasunto are not meritorious. $nder
Section ?<, 2ule .1; of the 2evised 2ules of Court, a lawyer may be
disbarred or suspended from his office as attorney by the Supreme Court by


reason of his conviction of a crime involving moral turpitude. The term
Amoral turpitudeB means anything which is done contrary to #ustice,
honesty, modesty or good morals, or to any act of vileness, baseness or
depravity in the private and social duties that a man owes his fellowmen or
to society, contrary to the accepted rule of right and duty between man
and man. 3'n re Futierre), F2 (dm. Code %o. 141, 6uly 1., ./4?5.
'n Sanche) vs. Somoso, (.C. %o. 474., October 1, ?771, @.? SC2(
04/, the Supreme Court said A! ! ! Clearly 2espondent=s action of issuing
his personal checks in payment for his medical bills, knowing fully well that
his account with the drawee bank has by then already been closed,
constituted a gross violation of the basic norm of integrity re"uired of all
members of the legal profession. The Code of Professional 2esponsibility
specifically mandates that>
ACanon .D( lawyer shall uphold the constitution, obey the laws
of the land and promote respect for law and legal processes.B
A2ule ..7..D( lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct.B
ACanon <.D( lawyer shall at all times uphold the integrity and
dignity of the legal profession and support the activities of the
integrated bar.
A2ule <.71D( lawyer shall not engage in conduct that
adversely reflects on his fitness to practice law, nor shall he,
whether in public or private life, behave in a scandalous manner to
the discredit of the legal profession.B
The canons emphasi)e the high standard of honesty and fairness
e!pected of a lawyer not only in the practice of the legal profession but
also in his personal dealings as well. ( lawyer must conduct himself with
great propriety, and his behavior should be beyond reproach anywhere and
at all times.B Cence, any gross misconduct on the part of a lawyer, though
not related to his professional duties as member of the bar, which puts his
moral character in serious doubt, may render him unfit to continue in the
practice of law. *ikewise, by his conviction, the lawyer himself has shown
that he is unfit to protect the administration of #ustice or that he is no
longer of good moral character, either of which #ustifies his suspension or
disbarment.
PROCEDURE FOR DISBARMENT OR DISCIPLINE OF ATTORNEYS
BY THE SUPREME COURT4 06;> PR6PI6 RULE 3/1JB6



Supreme Court shall refer the case to an
investigator, who may either be>
Solicitor Feneral,
(ny officer of the SC, or
(ny #udge of a lower court
2PO2T TO S$P2& CO$2T 3to be submitted not
later than 17 days from investigation=s termination5
2PO2T &$ST CO%T('% TC '%HST'F(TO2=S>
-indings of fact
2ecommendations
S$P2& CO$2T -O2
2H'E Q 6$:F&%T
R$sA!#&$#) N!)+B+$&
INVESTIGATION
3terminate within 1 months5
2SPO%:%T=S H2'-': (%SE2 3&ust be
filed within .0 days from service5

PROCEDURE FOR DISBARMENT OR
DISCIPLINE
OF ATTORNEYS BY THE IBP

'BP -otu Propio 3Committee on
Bar :iscipline through %ational
Frievance 'nvestigator5
H2'-': CO&P*('%T TO TC 'BP
BK (%K P2SO%
Complaint must be>
'n writing
State facts complained of
Supported by affidavits Q
documents
Shall appoint an investigator Q panel
of investigators and notify
respondent
'- &2'TO2'O$S, 2SPO%:%T=S
H2'-': (%SE2 3&ust be filed
within .0 days from service5
2CO&&%: :'S&'SS(*
'- %OT &2'TO2'$S
:'S&'SS(* BK BO(2: O-
FOH2%O2S
INVESTIGATION 3terminate within 1
months5
'nvestigator may issue subpoenas
Provide respondent with opportunity to
be heard.
&ay proceed with investigation e<
parte should respondent fail to appear
REPORT TO BOARD OF GOVERNORS
3Submitted not later than 17 days
from termination of investigation5
containing>
-indings of facts
2ecommendations
:isbar
Suspend
:ismiss
S$P2& CO$2T
-O2 6$:F&%T
'SS$ :C'S'O% '->
!onerated
Sanction is less
than suspension Q
disbarment
BO(2: O-
FOH2%O2S -O2
2H'E 3issues a
2esolution5