Professional Documents
Culture Documents
College of Law
Bar Reviewer
4TH WEEK
LEGAL AND
JUDICIAL
ETHICS
A. The New Code of Judicial Conduct for the VI. LEGAL FEES 103
Philippine Judiciary (Bangalore Draft) 73
B. Code of Judicial Conduct 73 A. Manner of Payment 103
B. Fees in Lien 103
II. QUALITIES 73 C. Persons Authorized to Collect Legal Fees 103
ii
LEGAL AND JUDICIAL ETHICS
LEGAL ETHICS
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(2) Preparation of documents requiring (5) Produce before the Supreme Court
knowledge of legal principles not satisfactory evidence:
possessed by ordinary layman [Ulep v.
a. Of good moral character;
The Legal Clinic, Inc., A.C. L-553 (1993)].
b. That no charges against him,
(3) Teaching law is considered practice of
involving moral turpitude, have been
law because the fact of their being law
filed or are pending in any court in the
professors is inextricably intertwined with
Philippines [Sec. 2, Rule 138].
the fact that they are lawyers [Re: Letter
of UP Law Faculty, A.M. 10-10-4-SC
(2011)].
Requisites for the practice of law:
(1) Admission to the bar:
A.1. PRIVILEGE
The practice of law is a privilege bestowed (a) Citizenship;
only to those who are morally fit. A bar (b) Residence;
candidate who is morally unfit cannot
practice law even if he passes the bar (c) Age (at least 21 years old);
examinations [Aguirre v. Rana, B.M. 1036 (d) Good moral character and no charges
(2003)]. involving moral turpitude; The
purposes for this requirement are:
administered by this Court and his signature person who intends to practice his profession
in the roll of attorneys [Aguirre v. Rana, B.M. in the Philippines must apply with the proper
1036 (2003)]. authority for a license or permit to engage in
such practice. Thus, in pursuance to the
General rule: Only members of the bar are
qualifications laid down by the Court for the
entitled to practice law.
practice of law, the OBC requires the
Exceptions: The following are also allowed following:
in exceptional circumstances:
1) Petition for Re-Acquisition of
(1) Law students; Philippine Citizenship;
(2) By an agent/friend; 2) Order (for Re-Acquisition of
Philippine citizenship);
(3) By the litigant himself.
3) Oath of Allegiance to the Republic of
the Philippines;
B.1. CITIZENSHIP
4) Identification Certificate (IC) issued by
The practice of all professions in the the Bureau of Immigration;
Philippines shall be limited to Filipino citizens
save in cases prescribed by law [Sec. 14, Art. 5) Certificate of Good Standing issued
XII, 1987 Constitution]. by the IBP;
Every applicant for admission as a member of 6) Certification from the IBP indicating
the bar must be a citizen of the Philippines. updated payments of annual
[Sec. 2, Rule 138, RoC] membership dues;
Ratio: Citizenship ensures allegiance to the 7) Proof of payment of professional tax;
Republic and its laws. and
The loss of Filipino citizenship ipso jure 8) Certificate of compliance issued by
terminates the privilege to practice law in the the MCLE Office. [Petition to Re-
Philippines except when citizenship is lost by acquire the Privilege to Practice Law of
reason of naturalization and reacquired Muneses, B.M. 2112 (2012)].
through RA 9225 [Petition to Resume Practice
of Law of Dacanay, B.M. 1678 (2007)].
B.2. RESIDENCE
A Filipino lawyer who has lost and reacquired
Every applicant for admission as a member of
his citizenship under RA 9225 (Citizenship
the bar must be... a resident of the
Retention and Re-acquisition Act of 2003) is
Philippines. [Sec. 2, Rule 138, RoC]
deemed not to have lost his Philippine
citizenship. However, he still needs to apply Ratio: His/her duties to his client and to the
with the Supreme Court for a license or court will require that he be readily accessible
permit to engage in such practice after and available.
compliance with the following:
(1) Updating and payment of annual B.3. AGE
membership dues in the IBP; Every applicant for admission as a member of
(2) Payment of professional tax; the bar must be at least 21 years of age. [Sec.
2, Rule 138, RoC]
(3) Completion of 36 hours of MCLE;
Ratio: Maturity and discretion are required in
(4) Retaking of the lawyers oath [Sec. 5(4), the practice of law.
RA 9225].
A Filipino lawyer who becomes a citizen of
another country and later re-acquires his
Philippine citizenship under RA 9225,
remains to be a member of the Philippine Bar.
However, the right to resume the practice of
law is not automatic. RA 9225 provides that a
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may there be examined by the parties in officer, to represent indigent clients accepted
interest, after the court has approved the by the legal clinic of the law school [Sec. 1,
report [Sec. 15, Rule 138, RoC]. Rule 138-A].
The appearance of the law student shall be
under the direct supervision and control of a
viii. Flunkers
member of the Integrated Bar of the
Candidates who have failed the bar Philippines duly accredited by the law school.
examinations for three times shall be Any and all pleadings, motions, briefs,
disqualified from taking another examination memoranda or other papers to be filed, must
unless they show to the satisfaction of the be signed by the supervising attorney for and
court that they have enrolled in and passed in behalf of the legal clinic [Sec. 2, Rule 138-
regular fourth year review classes as well as A].
attended a pre-bar review course in a
The Rules safeguarding privileged
recognized law school.
communications between attorney and client
shall apply [Sec. 3, Rule 138-A].
ix. Disciplinary m easures The law student shall comply with the
No candidate shall endeavor to influence any standards of professional conduct governing
member of the committee, and during members of the bar. Failure of an attorney to
examination, the candidates shall not provide adequate supervision of student
communicate with each other nor shall they practice may be a ground for disciplinary
give or receive any assistance. Any violator action [Sec. 4, Rule 138-A].
shall be barred from the examination, and Sec. 34, Rule 138 is clear that appearance
the same to count as a failure against him, before the inferior courts by a non-lawyer is
and further disciplinary action may be taken allowed, irrespective of whether or not he is a
in the discretion of the court [Sec. 13, Rule 138, law student [Cruz v. Mina, G.R. 154207
RoC]. (2007)]. Thus, a law student may appear
under the circumstances of Sec. 38, as an
x. Civil service eligibility agent or a friend of a party litigant, without
complying with the requirements of Rule 138-
Under RA 1080, as amended by RA 1844, the A, e.g., supervision of a lawyer.
Bar examinations is declared as civil service
examinations equivalent to:
(1) First grade regular examination for C.2. NON-LAWYERS IN COURTS
appointment to a position which requires In the court of a municipality a party may
proficiency in law; and conduct his litigation in person, with the aid
of an agent or friend appointed by him for
(2) Second grade regular examination for that purpose, or with the aid of an attorney.
appointment to a position which does not In any other court, a party may conduct his
require proficiency in law. litigation personally or by aid of an attorney,
and his appearance must be either personal
or by a duly authorized member of the bar
C. APPEARANCE OF NON-LAWYERS [Sec 34, Rule 138].
Public policy demands that legal work in
C.1. LAW STUDENT PRACTICE representation of parties should be entrusted
A law student who has successfully only to those possessing tested qualifications
completed third year of the regular four-year [PAFLU v. Binalbagan, G.R. No. L-23959
prescribed law curriculum and is enrolled in a (1971)].
recognized law school's clinical legal
However, the Supreme Court, in the exercise
education program approved by the Supreme of its judicial power, can validly authorize a
Court, may appear without compensation in layman to represent a litigant in court
any civil, criminal or administrative case [Agpalo (2004)].
before any trial court, tribunal, board or
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A non-lawyer conducting his own litigation is (3) The attorney declines for a valid reason
bound by the same rules in conducting the (e.g., conflict of interest) [People v. Serzo,
trial of his case. He cannot, after judgment, G.R. No. 118435 (1997)].
claim that he was not properly represented
[Agpalo (2004)].
C.4. AGENT OR FRIEND
When appointed or chosen, the agent or
C.3. SELF-REPRESENTATION friend is not engaged in the practice of law,
In any court, a party may conduct his since there is no habituality in the activity and
litigation in person. no attorney-client relationship exists. He is
only permitted to appear in the municipal
An attorney who is otherwise disqualified to
trial court.
practice law, or has been disbarred or
suspended from practice, can validly In criminal cases, in localities where members
prosecute or defend his own litigation, he of the bar are not available, the court may
having as much right as that of a layman appoint any person (i.e., non-lawyer), who is a
[Danforth v. Egan, 119 N.W. 1021 (1909)]. resident of the province and of good repute
for probity and ability to defend the accused,
When a person conducts his litigation in
in lieu of a counsel de oficio [Sec. 7, Rule 116].
person, he is not engaged in the practice of
In relation to Sec. 34, Rule 138, this is only
law [Agpalo (2004)].
allowed in the municipal trial court.
A juridical person may also appear through
its non-lawyer agents or officers in the
municipal trial court. C.5. NON-LAWYERS IN ADMINISTRATIVE
Sec. 34 does not distinguish between civil TRIBUNALS
and criminal cases. However, in criminal A party may also appear on his own behalf,
cases, the rule is qualified: his organization or members thereof, before
administrative bodies. This is also expressly
(1) Under Sec. 1(c), Rule 115, the accused may allowed in Art. 222 of the Labor Code.
defend himself in person when it
sufficiently appears to the court that he There are laws which allow representation of
can properly protect his rights without another by non-lawyers before such bodies.
the assistance of counsel. (1) The 2011 NLRC Rule of Procedure,
(2) Under Sec. 7, Rule 116, in determining promulgated pursuant to Art 218(a),
whether a counsel de oficio should be Labor Code, allows (a) non-lawyers, who
appointed, or, for that matter, whether a are not necessarily a party to the case, to
counsel de parte should be required represent a union or members thereof, (b)
(conversely, whether the accused should non-lawyers who are duly-accredited
be allowed to defend himself in person), members of any legal aid office
the gravity of the offense and the recognized by the Department of Justice
difficulty of the questions that may arise or Integrated Bar of the Philippines, and
should be considered. (c) non-lawyer owners of establishments,
to appear before it.
While the right to be represented by counsel
is immutable, the option to secure the (2) Under Sec. 9, Act 2259 (Cadastral Act), a
services of counsel de parte is not absolute. claimant may appear by himself, or by
The court may restrict the accuseds option to some person in his behalf, before a
retain a counsel de parte if: cadastral court.
(1) He insists on an attorney he cannot In order that these laws will not infringe upon
afford; the power of the Supreme Court to regulate
the practice of law, the following limitations
(2) He chose a person not a member of the must be observed:
bar;
(1) The non-lawyer should confine his work
to non-adversary contentions and should
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not undertake purely legal work (i.e., (5) Administrative complaint against the
examination of witness, presentation of erring lawyer or government official;
evidence);
(6) Criminal complaint for estafa against the
(2) The services should not be habitual; person who falsely represented himself
as a lawyer to the damage of another.
(3) Attorneys fees should not be charged
[Agpalo (2004)].
E. PUBLIC OFFICIALS AND PRACTICE
C.6. PROCEEDINGS WHERE LAWYERS ARE OF LAW
PROHIBITED FROM APPEARING
(1) In small claims cases, no attorney shall E.1. PROHIBITION OR DISQUALIFICATION
appear in behalf of or represent a party at
OF FORMER GOVERNMENT ATTORNEYS
the hearing, unless the attorney is the
plaintiff or defendant. If the court Under Sec. 7(b), RA 6713, public officials and
determines that a party cannot properly employees during their incumbency shall not:
present his/her claim or defense and (1) Own, control, manage or accept
needs assistance, the court may, in its employment as officer employee,
discretion, allow another individual who consultant, counsel, broker, agent,
is not an attorney to assist that party trustee or nominee / in any private
upon the latter's consent [Sec. 17, Rules enterprise regulated, supervised or
of Procedure in Small Claims Cases]. licensed by their office / unless expressly
(2) In all katarungang pambarangay allowed by law;
proceedings, the parties must appear in (2) Engage in the private practice of their
person without the assistance of the profession unless authorized by the
counsel or representative, except for Constitution or law, provided that such
minors and incompetents who may be practice will not conflict or tend to
assisted by their next of kin who are not conflict with their official functions;
lawyers [Sec 415, Local Govt Code].
(3) Recommend any person to any position in
a private enterprise which has a regular
D. SANCTIONS FOR PRACTICE OR or pending official transaction with their
office.
APPEARANCE WITHOUT AUTHORITY
These prohibitions shall continue to apply for
a period of one year after resignation,
D.1. LAWYERS WITHOUT AUTHORITY retirement or separation from public office,
Under Sec. 27, Rule 138, corruptly or willfully except in case of the second.
appearing as an attorney for a party to a case
without authority to do so is a ground for Also, the one year prohibition applies to
disbarment or suspension. practice of profession in connection with any
matter before the office he used to be with.
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(9) In the defense of a person accused of A lawyer may not be disciplined for failure to
crime, by all fair and honorable means, pay her obligation [Toledo v. Abalos, 315
regardless of his personal opinion as to SCRA 419 (1999)], but unwarranted obstinacy
the guilt of the accused, to present every in evading the payment of a debt has been
defense that the law permits, to the end considered as a gross misconduct.
that no person may be deprived of life or [Constantino v. Saludares, 228 SCRA 233
liberty, but by due process of law [Sec. (1993)]. However, issuance of bouncing
20, Rule 138]. checks reflects on the lawyers moral
character and he may be disciplined. [Lex
Pareto, Bar 2001, 2002]
B. TO SOCIETY A lawyer is obligated to promote respect for
legal processes. This includes order of the
commission on Bar discipline of the IBP. (The
B.1. RESPECT FOR LAW AND LEGAL
lawyers oath likewise says, I will obey the
PROCESSES duly constituted authorities.) [Lex Pareto,
Canon 1. A lawyer shall uphold the Constitution, Bar 2002]
obey the laws of the land and promote respect
for law and legal process.
Rule 1.01. A lawyer shall not engage in unlawful, GROSSLY IMMORAL ACTS
dishonest, immoral or deceitful conduct. (1) Wanton disregard for the sanctity of
marriage as shown when the lawyer
pursued a married woman and thereafter
NOTE: Canon 1 = 3rd top source of Qs on CPR. cohabited with her [Guevarra v. Eala, A.C.
It was asked 18 times in the last 20 years as No. 7136 (2007)]
of 2014 [Lex Pareto (2014 ed)]
(2) Rape of a neighbors wife, which
constitutes serious moral depravity, even
UNLAWFUL CONDUCT if his guilt was not proved beyond
reasonable doubt in the criminal
An unlawful conduct is act or omission which prosecution for rape [Calub v. Suller, A.C.
is against the law. Dishonesty involves lying No. 1474 (2000)]
or cheating [Agpalo (2004)]
society in general [Barrios v. Martinez, A.C. No. action but ignorant of legal rights and court
4585 (2004)]. procedure.
Murder, estafa, rape, violation of BP 22, A lawyer may be disciplined in his
bribery, bigamy, adultery, seduction, professional and private capacity. The filing
abduction, concubinage and smuggling are of multiple complaints reflects on his fitness
considered crimes involving moral turpitude. to be a member of the legal profession. His
conduct of vindictiveness a decidedly
undesirable trait especially when one resorts
Rule 1.02. A lawyer shall not counsel or abet to using the court not to secure justice but
activities aimed at defiance of the law or at merely to exact revenge warrants his
lessening confidence in the legal profession. dismissal from the judiciary. [Saburnido v.
Madrono, A.C. No. 4497 (2001)]
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B.2. EFFICIENT, CONVENIENT LEGAL legal advice if the reason for not accepting
SERVICES the case is that there involves a conflict of
Canon 2. A lawyer shall make his legal interest between him and a prospective client
services available in an efficient and or between a present client and a prospective
convenient manner compatible with the client. [Agpalo (2004)]
independence, integrity and effectiveness of
the profession.
Rule 2.03. A lawyer shall not do or permit to
Rule 2.01. A lawyer shall not reject, except for be done any act designed to primarily solicit
valid reasons, the cause of the defenseless or legal business.
the oppressed.
Legal aid is not a matter of charity. It is a (4) Relation to colleagues at the bar
means for the correction of social imbalance characterized by candor, fairness and
that may and often do lead to injustice, for unwillingness to resort to business
which reason it is a public responsibility of methods of advertising and
the bar [IBP Handbook, Guidelines Governing encroachment on their practice, or
the Establishment and Operation of the Legal dealing directly with their clients [Agpalo
Aid Office]. (2004)]
Thus, the practice of soliciting cases at law
for the purpose of gain, either personally or
Rule 2.02. In such cases, even if the lawyer through paid agents or brokers, constitutes
does not accept a case, he shall not refuse to malpractice [Sec. 27, Rule 138].
render legal advice to the person concerned if
only to the extent necessary to safeguard the
latters rights. Rule 2.04. A lawyer shall not charge rates
lower than those customarily prescribed
unless the circumstances so warrant.
Advice may be on what preliminary steps to
take until the client has secured the services
of counsel. But he shall refrain from giving
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layman could distinguish between the two Ratio: All partners by their joint efforts over
functions. a period of years contributed to the goodwill
attached to the firm name, and the removal
The lawyer must make it clear to his client
of the deceased partners name disturbs the
whether he is acting as a lawyer or in another
client goodwill built through the years.
capacity.
Firms may not use misleading names
showing association with other firms to
PROHIBITED ADVERTISEMENTS purport legal services of highest quality and
ties with multinational business enterprise
[Sec. 27, Canon of Professional Ethics]
especially when such firm attached as an
(1) Through touters of any kind whether associate cannot legally practice law in the
allied real estate firms or trust companies Philippines [Dacanay v. Baker and McKenzie,
advertising to secure the drawing of A.C. 2131 (1985)].
deeds or wills;
(2) Offering retainers in exchange for
executorships or trusteeships to be Rule 3.03. Where a partner accepts public
influenced by the lawyer; office, he shall withdraw from the firm and
his name shall be dropped from the firm
(3) Furnishing or inspiring newspaper name unless the law allows him to practice
comments concerning the manner of law concurrently.
their conduct, the magnitude of the
interests involved, the importance of
lawyers position, and all other like self- Purpose: To prevent the law firm from using
laudation. his name to attract legal business and to
A lawyer may not properly publish his brief avoid suspicion of undue influence.
biographical and informative data in a daily A civil service officer or employee whose duty
paper, magazine, trade journal or society or responsibility does not require his entire
program in order to solicit legal business time to be at the disposal of the government
[Khan v. Simbillo, A.C. 5299 (2003)]. may not engage in the private practice of law
It is highly unethical for an attorney to without the written permit from the head of
advertise his talents or skill as a merchant the department concerned [Agpalo (2004)].
advertises his wares. The law is a profession It is unlawful for a public official or employee
not a business. Solicitation of cases by to, among others, engage in the private
himself or through others is unprofessional practice of their profession, unless authorized
and lowers the standards of the legal by the Constitution or law, provided that such
profession. [In re: Tagorda, supra]. practice will not conflict or tend to conflict
In the last analysis, where to draw the line is with official functions [Samonte v. Gatdula,
a question of good faith and good taste. A.M. No. P-99-1292 (1999)].
If the unauthorized practice on the part of a
person who assumes to be an attorney causes
Rule 3.02. In the choice of a firm name, no damage to a party, the former may be held
false, misleading or assumed name shall liable for estafa.
be used. The continued use of the name of
a deceased partner is permissible provided
that the firm indicates in all its ABSOLUTE AND RELATIVE PROHIBITION OF
communications that said partner is PUBLIC OFFICIALS FROM PRACTICE OF
deceased. LAW:
When any of those absolutely prohibited
officials is appointed/elected/qualified, he
The continued use of the name of a deceased
ceases, as a general rule, to engage in the
partner is permissible provided that the firm
private practice of law and his right to
indicates in all its communications that said
partner is deceased [Agpalo (2004)].
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pleadings, shall also indicate their MCLE public service. A lawyer in public service is a
exemption or compliance number. keeper of public faith and is burdened with a
high degree of social responsibility, perhaps
This resolution shall take effect on March 1,
higher than her brethren in private practice
2015 following its publication in a newspaper
[Vitriolo v. Dasig, A.C. 4984 (2003)].
of general circulation."
May a former government lawyer appear in a
case against the government? YES, he may
MANDATORY CONTINUING LEGAL appear in a case unless there is a specific
EDUCATION (MCLE) PROGRAM ethical rule or provision of law which
prohibits him from doing so. [Lex Pareto
A program which requires lawyers to show
(2014 ed)]
proof of having undertaken improvement in
their knowledge as a precondition for When may a former government lawyer be
renewing their license to practice [Lex Pareto prohibited from accepting a legal
(2014)] engagement? [Lex Pareto (2014 ed)]
There is no doubt that Atty. Flores failed to a. A lawyer shall not after leaving the
obey the trial courts order to submit proof of government service accept
his MCLE compliance notwithstanding the engagement or employment in
several opportunities given him. "Court connection with any matter in which
orders are to be respected not because the he had intervened while in said
judges who issue them should be respected, service;
but because of the respect and consideration b. Retired members of the judiciary
that should be extended to the judicial
receiving pensions form the
branch of the Government. This is absolutely government should not practice law
essential if our Government is to be a where the government is the adverse
government of laws and not of men. Respect
party or in a criminal case involving a
must be had not because of the incumbents government employee in the
to the positions, but because of the authority
performance of his duties as such
that vests in them. Disrespect to judicial
incumbents is disrespect to that branch the
Government to which they belong, as well as
Rule 6.01. The primary duty of a lawyer
to the State which has instituted the judicial
engaged in public prosecution is not to
system." [Rodriguez-Manahan v. Flores, A.C.
convict but to see that justice is done. The
No. 8954 (2013)]
suppression of facts or the concealment of
witnesses capable of establishing the
innocence of the accused is highly
APPLICABILITY TO GOVERNMENT LAWYERS
reprehensible and is cause for disciplinary
Canon 6. These canons shall apply to lawyers action.
in government service in the discharge of
their official duties.
A public prosecutor is a quasi-judicial officer
with the two-fold aim which is that guilt shall
NOTE: Asked 5 times in the last 20 years as not escape or innocence suffers. He should
of 2014 [Lex Pareto (2014 ed)] not hesitate to recommend to the court the
acquittal of an accused if the evidence in his
Ratio: The rule is a reiteration of the
possession shows that the accused is
principal in public law, which is that a public
innocent [Agpalo (2004)].
office is a public trust and a public servant
owes utmost fidelity to the public service. In criminal cases, a public prosecutor should
be present for the following reasons: [Lex
A member of the bar who assumes public
Pareto (2014 ed)]
office does not shed his professional
obligation. Lawyers in government are public 1. To protect the interest of the State (As
servants who owe the utmost fidelity to the the criminal case is in reality a crime
against the State)
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(1) For one year, if he had not intervened; upgrading of the standards of the legal
profession, and its proper regulation.
(2) Permanently, if he had intervened.
The basic postulate of the IBP is that it is
The matter contemplated are those that
non- political in character and that there
are adverse-interest conflicts (substantial
shall be neither lobbying nor campaigning in
relatedness and adversity between the
the choice of the IBP Officers. The
government matter and the new clients
fundamental assumption is that the officers
matter in interest) and congruent-interest
would be chosen on the basis of professional
representation conflicts. Intervention
merit and willingness and ability to serve. The
should be significant and substantial which
unseemly ardor with which the candidates
can or have affected the interest of others
pursued the presidency of the association
[PCGG v. Sandiganbayan, G.R. Nos. 151809-
detracted from the dignity of the legal
12 (2005)].
profession. The spectacle of lawyers bribing
or being bribed to vote did not uphold the
honor of the profession nor elevate it in the
C. TO THE LEGAL PROFESSION publics esteem [In re: 1989 Elections of the
IBP, A.M. 491 (1989)].
C.1. INVOLVEMENT IN THE IBP
Canon 7. A lawyer shall at all times uphold
the integrity and dignity of the legal ii. General Objectives of the IBP
profession and support the activities of the (1) To elevate the standards of the legal
Integrated Bar. profession;
(2) To improve the administration of justice;
i. Bar Integration (3) To enable the bar to discharge its public
responsibility more effectively.
The Supreme Court may adopt rules of court
to effect the integration of the Philippine Bar
under such conditions as it shall see fit in
iii. Purposes of the IBP
order to raise the standards of the legal
profession improve the administration of (1) To assist in the administration of justice;
justice and enable the bar to discharge its
(2) To foster and maintain on the part of its
public responsibility more effectively. [Sec. 1,
members high ideals of integrity,
RA 6397].
learning, professional competence, public
Integration does not make a lawyer a service and conduct;
member of any group of which he is not
(3) To safeguard the professional interest of
already a member. He became a member of
its members;
the Bar when he passed the Bar
Examinations. All that integration actually (4) To cultivate among its members a spirit
does is to provide an official national of cordiality and brotherhood;
organization for the well-defined but
(5) To provide a forum for the discussion of
unorganized and uncohesive group of which
law, jurisprudence, law reform, pleading,
every lawyer is already a member [In the
practice and procedure, and the relations
matter of the IBP, 49 SCRA 22 (1973)].
of the bar to the bench and to the public,
The IBP is essentially a semi-governmental and publish information relating thereto;
entity, a private organization endowed with
(6) To encourage and foster legal education;
certain governmental attributes. While it is
composed of lawyers who are private (7) To promote a continuing program of
individuals, the IBP exists to perform certain legal research in substantive and
vital public functions and to assist the adjective law, and make reports and
government particularly in the improvement recommendations thereon.
of the administration of justice, the
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[Note: Purposes of the IBP is one of the such case, his membership in the IBP could
favorite questions asked in the Bar. Faculty have been terminated and his obligation to
Ed.] pay dues discontinued [Letter of Atty. Arevalo,
B.M. 1370 (2005)].
him morally unfit to become a lawyer. [In Re: ACTS ADVERSELY REFLECTIVE OF A
Galang, A.M. 1162 (1975)] LAW YERS FITNESS TO PRACTICE
LAW :
(1) Having adulterous relationships or
Rule 7.02. A lawyer shall not support the
keeping mistresses;
application for admission to the bar of any
person known by him to be unqualified in (2) Siring a child with a woman other than
respect to character, education, or other legal wife [Zaguirre v. Castillo, A.C. 4921
relevant attribute. (2003)];
(3) Conviction of a crime involving
moral turpitude;
A lawyer should volunteer information or
cooperate in any investigation concerning (4) Commission of fraud or falsehood.
alleged anomaly in the bar examination so
that those candidates who failed therein can
be ferreted out and those lawyers responsible To justify suspension or disbarment, the act
therefor can be disbarred [In re: Parazo, G.R. must not only be immoral, it must be grossly
082027 (1948)]. immoral as well. A grossly immoral act is one
that is so corrupt and false as to constitute a
A lawyer should not readily execute an criminal act or so unprincipled or disgraceful
affidavit of good moral character in favor of as to be reprehensible to a high degree.
an applicant who has not live up to the [Reyes v. Wong, A.M. 547 (1975)]
standard set by law [Agpalo (2004)].
Mere intimacy between a man and a woman,
either of whom possesses no legal
Rule 7.03. A lawyer shall not engage in impediment to marry, voluntarily carried on
conduct that adversely reflects on his fitness and devoid of any deceit on the part of the
to practice law, nor shall he, whether in lawyer, is neither so corrupt nor so
public or private life, behave in a scandalous unprincipled as to warrant imposition of
manner to the discredit of the legal disciplinary sanction against him, even if as a
profession. result, the woman begot a child [Soberano v.
Villanueva, A.C. 215 (1962)].
The term moral turpitude means anything
It is not necessary for a lawyer to be convicted which is done contrary to justice, honesty,
for an offense before a lawyer can be modesty or good morals, or to any act of
disciplined for gross immorality [Agpalo vileness, baseness or depravity in the private
(2004)]. and social duties that a man owes his
There is no distinction as to whether the fellowmen or to society, contrary to the
transgression is committed in the lawyers accepted rule between man and man. [In re
professional capacity or in his private life or in Gutierrez, G.R. L-363 (1962)]
his private transaction because a lawyer may In general, all crimes of which fraud and
not divide his personality so as to be an deceit is an element or those which are
attorney at one time and a mere citizen at inherently contrary to rules of right, conduct,
another [Funa]. honesty or morality in a civilized community,
involve moral turpitude. [Agpalo (2004)]
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Binalbagan Isabela Sugar Co., G.R. L-23959 Rule 9.02. A lawyer shall not divide or
(1971)]. stipulate to divide a fee for legal services with
persons not licensed to practice law, except:
(a) Where there is a pre-existing agreement
Rule 9.01. A lawyer shall not delegate to any
with a partner or associate that, upon
unqualified person the performance of any
the latters death, money shall be paid
task which by law may only be performed by a
over a reasonable period of time to his
member of the bar in good standing.
estate or to persons specified in the
agreement; or
Ratio: The practice of law is limited only to (b) Where a lawyer undertakes to complete
individuals who have the necessary unfinished legal business of a deceased
educational qualifications and good moral lawyer; or
character. Moreover, an attorney-client
(c) Where a lawyer or law firm includes non-
relationship is a strictly personal one.
lawyer employees in a retirement plan,
Lawyers are selected on account of their
even if the plan is based in whole or in
special fitness through their learning or
part, on a profitable sharing
probity for the work at hand.
arrangement.
for the services they have rendered should yield to his duty to deal candidly with
presupposes the existence of an attorney- the court. For no client is entitled to receive
client relationship. from the lawyer any service involving
dishonesty to the courts [Comments of IBP
Such a relationship cannot exist when the
Committee].
clients representative is a non-lawyer [Five J
Taxi v. NLRC, G.R. 111474 (1994)].
Some cases of Falsehood Committed by
Lawyers:
D. TO THE COURTS
1. Falsely stating in a deed of sale that
property is free from all liens and
D.1. CANDOR, FAIRNESS & GOOD FAITH encumbrances [Sevilla v. Zoleta, 96
TOWARDS THE COURTS Phil 979 (1955)];
Canon 10. A lawyer owes candor, fairness and 2. Falsifying a power of attorney to use
good faith to the court. in collecting the money due to the
principal and appropriating the
money for his own benefit [In Re:
A lawyer is, first and foremost, an officer of Rusiana, A.C. 270 (1959)];
the court. Accordingly, should there be a
conflict between his duty to his client and 3. Denying having received the notice to
that to the court, he should resolve the file brief which is belied by the return
conflict against the former and in favor of the card [Ragasajo v. IAC, G.R. L-69129
latter, his primary responsibility being to (1987)];
uphold the cause of justice [Cobb Perez v. 4. Presenting falsified documents in
Lantin, G.R. L-22320 (1968)]. court which he knows to be false
Candor in all of the lawyers dealings is the [Bautista v. Gonzales, A.M. 1625
very essence of honorable membership in the (1990)];
legal profession [Cuaresma v. Daquis, G.R. L- 5. Filing false charges or groundless
35113 (1975)]. suits [Retia v. Gorduiz, A.M. 1388
A lawyers conduct before the court should be (1980)].
characterized by candor and fairness. The
administration of justice would gravely suffer
if lawyers do not act with complete candor Rule 10.02. A lawyer shall not knowingly
and honesty before the courts [Serana v. misquote or misrepresent the contents of a
Sandiganbayan, G.R. 162059 (2008)]. paper, the language or the argument of
opposing counsel, or the text of a decision or
A lawyer must be a disciple of truth. While a authority, or knowingly cite as law a provision
lawyer has the solemn duty to defend his already rendered inoperative by repeal or
clients cause, his conduct must never be at amendment, or assert as a fact that which
the expense of truth. [Young v. Batuegas, A.C. has not been proved.
5379 (2003)].
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It is the bounden duty of courts, judges and Observing respect due to the courts means
lawyers to reproduce or copy the same word- that a lawyer should conduct himself toward
for-word and punctuation mark-for- judges:
punctuation mark the decisions of the
(1) With courtesy everyone is entitled to
Supreme Court. Ever present is the danger
expect [Paragas v Cruz, G.R. L-24438
that if not faithfully and exactly quoted, the
(1965)];
decisions and rulings may lose their proper
and correct meaning, to the detriment of (2) With the propriety and dignity required by
other courts, lawyers and the public who may the courts [Salcedo v Hernandez, G.R. L-
thereby be misled [Insular Life Employees Co. 42992 (1935)].
v. Insular Life Association, G.R. L-25291 (1971)].
Lawyers are duty bound to uphold the dignity
The legal profession demands that lawyers and authority of the Court to promote the
thoroughly go over pleadings, motions and administration of justice. Respect to the
other documents dictated or prepared by courts guarantees the stability of other
them, typed or transcribed by their institutions. [In re: Sotto, 82 Phil 595 (1949)].
secretaries or clerks, before filing them with
If a pleading containing derogatory, offensive
the court. If a client is bound by the acts of his
and malicious statements is submitted in the
counsel, with more reason should counsel be
same court or judge in which the proceedings
bound by the acts of his secretary who merely
are pending, it is direct contempt, equivalent
follows his orders [Adez Realty, Inc. v. CA, G.R.
as it is to a misbehavior committed in the
100643 (1992)].
presence of or so near a court or judge as to
interrupt the administration of justice. Direct
contempt is punishable summarily [In re:
Rule 10.03. A lawyer shall observe the rules of
Letter of Atty. Sorreda, A.M. 5-3-04 (2006)].
procedure and shall not misuse them to
defeat the ends of justice. Liberally imputing sinister and devious
motives and questioning the impartiality,
integrity, and authority of the members of the
Filing multiple actions constitutes an abuse Court result in the obstruction and perversion
of the courts processes. Those who file of the dispensation of justice [Estrada v.
multiple or repetitive actions subject Sandiganbayan, G.R. 148560 (2000)].
themselves to disciplinary action for Even as lawyers passionately and vigorously
incompetence or willful violation of their propound their points of view, they are bound
duties as attorneys to act with good fidelity to by certain rules of conduct for the legal
the courts, and to maintain only such actions profession. This Court is certainly not
that appear to be just and consistent with claiming that it should be shielded from
truth and honor [Olivares v. Villalon, A.C. 6323 criticism. All the Court demands are the same
(2007)]. respect and courtesy that one lawyer owes to
A lawyer should not abuse his right of another under established ethical standards.
recourse to the courts for the purpose of There is no exemption from this sworn duty
arguing a cause that had been repeatedly for law professors, regardless of their status
rebuffed. [Garcia v. Francisco, A.C. 3923 in the academic community or the law school
(1993)]. to which they belong [Re: Letter of the UP
Faculty, A.M. 10-10-4-SC (2011)].
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lawyer and demeans the dignity and Mineral Reservation Board v. Cloribel, G.R. L-
solemnity of court proceedings. 27072 (1970)].
A lawyer who dresses improperly may be Lawyers may use strong language to drive
cited with contempt [Agpalo (2004)]. home a point; they have a right to be in
pursuing a clients cause [The British Co. v De
Los Angeles, G.R. L-33720 (1975)].
PROPER ATTIRE
However, the use of abusive language by
Male: Long-sleeved Barong Tagalog or coat counsel against the opposing counsel
and tie constitutes at the same time disrespect to the
dignity of the court justice. Moreover, the use
Female: Semi-formal or business attires
of impassioned language in pleadings, more
Judges: Same attire as above under their often than not, creates more heat than light
robes [Buenaseda v. Flavier, G.R. 106719 (1993)].
Courts have ordered a male attorney to wear Lawyers cannot resort to scurrilous remarks
a necktie and have prohibited a female that have the tendency to degrade the courts
attorney from wearing a hat. However, the and destroy the public confidence in them [In
permission of a dress with a hemline five Re: Almacen, G.R. L-27654 (1970)].
inches above the knee was held to be
The court does not close itself to comments
acceptable as such had become an accepted
and criticisms so long as they are fair and
mode of dress even in places of worship
dignified. Going beyond the limits of fair
[Aguirre (2006)]
comments by using insulting, disparaging
and, intemperate language necessitates and
warrants a rebuke from the court. While it is
Rule 11.02. A lawyer shall punctually appear
expected of lawyers to advocate their clients
at court hearings.
cause, they are not at liberty to resort to
arrogance, intimidation and innuendo
[Sangalang v. IAC, G.R. 71169 (1988)].
Punctuality is demanded by the respect
which the lawyer owes to the court, the
parties, and the opposing counsel [Funa].
Rule 11.04. A lawyer shall not attribute to a
Inexcusable absence from, or repeated Judge motives not supported by the record or
tardiness in, attending a pre-trial or hearing have no materiality to the case.
may subject the lawyer to disciplinary action
as his actions show disrespect to the court
and are therefore considered contemptuous Such act would undermine the confidence of
behavior [Agpalo (2004)]. the people in the honesty and integrity of the
Non-appearance at hearings on the ground members of the court, and would
that the issue to be heard has become moot consequently lower or degrade the
and academic is a lapse in judicial propriety administration of justice [In Re: Almacen, G.R.
[De Gracia v. Warden of Makati, G.R. L-42032 L-27654 (1970)].
(1976)]. The rule allows criticism so long as it is
supported by the record or it is material to the
case. A lawyers right to criticize the acts of
Rule 11.03. A lawyer shall abstain from courts and judges in a proper and respectful
scandalous, offensive or menacing language way and through legitimate channels is well
or behavior before the courts. recognized [Agpalo (2004)].
The cardinal condition of all such criticism is
that it shall be bona fide, and shall not spill
A lawyers language should be forceful but
over the wall of decency and propriety
dignified, emphatic but respectful, as
[Zaldivar v. Gonzales, G.R. 79690-707 (1989)].
befitting an advocate and in keeping with the
dignity of the legal profession [Surigao
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Any serious accusation against a judicial All persons shall have the right to a speedy
officer that is utterly baseless, disposition of their cases before all judicial,
unsubstantiated and unjustified shall not be quasi-judicial, or administrative bodies.
countenanced [Go v. Abrogar, G.R. 152672 [Sec.6, Art. III, 1987 Constitution]
(2007)].
It is the duty of an attorney not to encourage
The constitutional right to freedom of either the commencement or the continuance
expression of members of the bar may be of an action or proceeding or delay any mans
circumscribed by their ethical duties as cause from any corrupt motive or interest.
lawyers to give due respect to the courts and [Sec. 20(g), Rule 138].
to uphold the publics faith in the legal
The filing of another action containing the
profession and the justice system [Re: Letter
same subject matter, in violation of the
of UP Faculty, A.C. 10-10-4-SC (2011)].
doctrine of res judicata, runs contrary to this
canon [Siy Lim v. Montano, A.C. 5653 (2006)].
Rule 11.05. A lawyer shall submit grievances
against a Judge to the proper authorities
Rule 12.01. A lawyer shall not appear for trial
only.
unless he has adequately prepared himself
The duty to respect does not preclude a on the law and the facts of his case, the
lawyer from filing administrative complaints evidence he will adduce and the order of its
against erring judges. preference. He should also be ready with the
original documents for comparison with the
copies.
Can still act as counsel for clients who have
legitimate grievances against them.
Without adequate preparation, the lawyer
However, the lawyer shall not file an
may not be able to effectively assist the court
administrative case until he has exhausted
in the efficient administration of justice.
judicial remedies which result in a finding
that the judge has gravely erred [Agpalo
(2004)].
NON-OBSERVANCE OF PREPARATION:
It has been held in Maceda v. Vasquez that in
(1) The postponement of the pre-trial or
criminal complaints against a judge or other
hearing, which would thus entail delay in
court employees arising from their
the early disposition of the case;
administrative duties, the Ombudsman must
defer action and refer the same to the (2) The judge may consider the client non-
Supreme Court for determination whether suited or in default;
said judges or court employees acted within
(3) The judge may consider the case
the scope of their administrative duties.
deemed submitted for decision without
Otherwise, in the absence of any clients evidence, to his prejudice
administrative action, the investigation being [Agpalo (2004)].
conducted by the Ombudsman encroaches
into the courts power of administrative
supervision over all courts and its personnel, Half of the work of the lawyer is done in the
in violation of the doctrine of separation of office. It is spent in the study and research.
powers. Inadequate preparation obstructs the
administration of justice [Martins Legal
Ethics (1988)].
D.3. ASSISTANCE IN THE SPEEDY &
A newly hired counsel who appears in a case
EFFICIENT ADMINISTRATION OF JUSTICE in the midstream is presumed and obliged to
Canon 12. A lawyer shall exert every effort and acquaint himself with all the antecedent
consider it his duty to assist in the speedy and processes and proceedings that have
efficient administration of justice. transpired in the record prior to his takeover
[Villasis v. CA, G.R. L-34369 (1974)].
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Some Acts Which Amount to Obstruction in (2) The institution of involving the same
the Administration of Justice: parties for the same cause of action,
either simultaneously or successively, on
1. Inadequate preparation;
the supposition that one or the other
2. Instructing complaining witness in a court would come out with a favorable
criminal action not to appear at the disposition [Araneta v. Araneta, G.R.
schedule hearing so that the case 190814 (2013)].
against the client would be
An indicium of the presence of, or the test for
dismissed;
determining whether a litigant violated the
3. Asking a client to plead guilty to a rule against, forum shopping is where the
crime which the lawyer knows his elements of litis pendentia are present or
client did not commit; where a final judgment in one case will
amount to res judicata in the other case.
4. Advising a client who is detained for
crime to escape from prison;
5. Employing dilatory tactics to frustrate REQUISITES OF LITIS PENDENTIA
satisfaction of clearly valid claims;
(1) Identity of parties, or at least such
6. Prosecuting clearly frivolous cases or parties as represent the same interests in
appeals to drain the resources of the both actions;
other party and compel him to submit
(2) Identity of rights asserted and relief
out of exhaustion;
prayed for, the relief being founded on
7. Filing multiple petitions or the same facts; and
complaints for a cause that has been
(3) Identity of the two preceding particulars
previously rejected in the false
is such that any judgment rendered in
expectation of getting favorable
the pending case, regardless of which
action;
party is successful, would amount to res
8. Other acts of similar nature [Funa]. judicata in the other [HSBC v. Catalan,
G.R. 159590 (2004)].
(2) If he should thereafter learn that the explanation for his failure to do so.
same or similar action or claim has been
filed or is pending, he shall report that
fact within five days there from to the The court censures the practice of counsels
court wherein his aforesaid complaint or who secures repeated extensions of time to
initiatory pleading has been filed. file their pleadings and thereafter simply let
the period lapse without submitting the
pleading on even an explanation or
Rules of Court, Rule 7, Sec. 5. Failure to manifestation of their failure to do so. There
comply with the foregoing requirements shall exists a breach of duty not only to the court
not be curable by mere amendment of the but also to the client [Achacoso v. CA, G.R. L-
complaint or other initiatory pleading but 35867 (1973)].
shall cause for the dismissal of the case
An attorney is bound to protect his clients
without prejudice, unless otherwise provided,
interest to the best of his ability and with
upon motion after hearing.
utmost diligence. A failure to file brief for his
client certainly constitutes inexcusable
negligence on his part [Ford v. Daitol, A.C.
SUBMISSION OF A FALSE CERTIFICATION
3736 (1995)].
OR NON-COMPLIANCE WITH ANY OF THE
UNDERTAKINGS IN A CERTIFICATION OF
NON-FORUM SHOPPING:
Rule 12.04. A lawyer shall not unduly delay a
(1) Shall constitute indirect contempt of case, impede the execution of a judgment or
court; misuse court processes.
(2) Without prejudice to the corresponding
administrative and criminal actions.
It is one thing to exert to the utmost ones
ability to protect the interest of ones client. It
IF ACTS OF THE PARTY OR HIS COUNSEL is quite another thing to delay if not defeat
CONSTITUTE WILLFUL AND DELIBERATE the recovery of what is justly due and
FORUM SHOPPING: demandable due to the misleading acts of a
lawyer [Manila Pest Control v. WCC, G.R. L-
(1) Be a ground for summary dismissal with 27662 (1968)].
prejudice;
Once a judgment becomes final and
(2) Constitute direct contempt; executory, the prevailing party should not be
(3) Be a cause for administrative sanctions. denied the fruits of his victory by some
subterfuge devised by the losing part.
The rule against forum shopping and the Unjustified delay in the enforcement of a
requirement that a certification to that effect judgment sets at naught the role of courts in
be complied with in the filing of complaints, disposing justiciable controversies with
petitions or other initiatory pleadings in all finality [Aguilar v. Manila Banking Corporation,
courts and agencies applies to quasi-judicial G.R. 157911 (2006)].
bodies, such as the NLRC or Labor Arbiter
[Agpalo (2004)]. If a lawyer is honestly convinced of the futility
of an appeal in a civil suit, he should not
It is the duty of the lawyer to resist the whims hesitate to inform his client. He should advise
and caprices of his client and to temper his his client to accept the judgment of the trial
clients propensity to litigate. [Castaeda v. court and thus accord respect to the just
Ago, G.R. L-28546 (1975)]. claim of the opposite party. [Agpalo (2001)]
Rule 12.03. A lawyer shall not, after obtaining Rule 12.05. A lawyer shall refrain from talking
extensions of time to file pleadings, to his witness during a break or recess in the
memoranda or briefs, let the period lapse trial, while the witness is still under
without submitting the same or offering an
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Rule 12.06. A lawyer shall not knowingly PD 1829 PENALIZES THE FOLLOWING:
assist a witness to misrepresent himself or to (1) Threatening directly or indirectly another
impersonate another. with the infliction of any wrong upon his
person, honor or property or that of any
immediate member or members of his
Art. 184, RPC. The lawyer who presented a family in order to prevent such person
witness knowing him to be a false witness is from appearing in the investigation of, or
criminally liable for offering false testimony in official proceedings in, criminal cases, or
evidence. The lawyer is both criminally and imposing a condition, whether lawful or
administratively liable. unlawful, in order to prevent a person
from appearing in the investigation of or
in official proceedings in, criminal cases;
Subornation of perjury is committed by a
person who knowingly and willfully procures (2) Giving of false or fabricated information
another to swear falsely and the witness to mislead or prevent the law
suborned [or induced] does testify under enforcement agencies from
circumstances rendering him guilty of perjury apprehending the offender or from
[US v. Ballena, G.R. L-6294 (1911)]. protecting the life or property of the
victim; or fabricating information from
the data gathered in confidence by
Rule 12.07. A lawyer shall not abuse, investigating authorities for purposes of
browbeat or harass a witness nor needlessly background information and not for
inconvenience him. publication and publishing or
disseminating the same to mislead the
investigator or to the court.
It is the duty of a lawyer to abstain from all
offensive personality and to advance no fact
prejudicial to the honor and reputation of a Rule 12.08. A lawyer shall avoid testifying in
party or witness unless required by the justice behalf of his client, except:
of the cause with which he is charged [Sec (a) On formal matters, such as the mailing,
20(f), Rule 138]. authentication or custody of an
instrument, and the like; or
RIGHTS OF WITNESSES (b) On substantial matters, in cases where
his testimony is essential to the ends of
[Sec. 3, Rule 132] justice, in which event he must, during
(1) To be protected from irrelevant, his testimony, entrust the trial of the
improper or insulting questions and from case to another counsel.
a harsh or insulting demeanor;
(2) Not to be detained longer than the Ratio: The underlying reason for the
interests of justice require impropriety of a lawyer acting in such dual
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capacity lies in the difference between the It is improper for a litigant or counsel to see a
function of a witness and that of an advocate. judge in chambers and talk to him about a
The function of a witness is to tell the facts as matter related to the case pending in the
he recalls then in answer to questions. The court of said judge [Austria v. Masaquel, G.R.
function of an advocate is that of a partisan. L-22536 (1967)].
It is difficult to distinguish between the zeal
of an advocate and the fairness and
Rule 13.02. A lawyer shall not make public
impartiality of a disinterested witness. The
statements in the media regarding a pending
lawyer will find it hard to disassociate his
case tending to arouse public opinion for or
relation to his client as an attorney and his
against a party.
relation to the party as a witness [Agpalo].
When a lawyer is a witness for his client,
except as to merely formal matters, such as Ratio: Newspaper publications regarding a
the attestation or custody of an instrument pending or anticipated litigation may
and the like, he should leave the trial of the interfere with a fair trial, prejudice the
case to other counsel. Except when essential administration of justice, or subject a
to the ends of justice, a lawyer should avoid respondent or an accused to a trial by
testifying in court in behalf of his client [PNB publicity and create a public inference of guilt
v. Uy Teng Piao, G.R. L-35252 (1932)]. against him [Agpalo].
Public statements may be considered
D.4. RELIANCE ON MERITS OF HIS CAUSE contemptuous when the character of the act
done and its direct tendency to prevent and
& AVOIDANCE OF ANY IMPROPRIETY obstruct the discharge of official duty.
WHICH TENDS TO INFLUENCE OR GIVES
THE APPEARANCE OF INFLUENCE UPON Once a litigation is concluded, the judge who
decided it is subject to the same criticism as
THE COURTS
any other public official because then, his
ruling becomes public property and is thrown
Canon 13. A lawyer shall rely upon the merits open to public consumption. In a concluded
of his cause and refrain from any impropriety litigation, a lawyer enjoys a wider latitude of
which tends to influence, or gives the comment or on criticism of the judges
appearance of influencing the court. decision or actuation. [In re Gomez, 43 Phil
376 (1922)]
In the original decision of the Supreme Court
Rule 13.01. A lawyer shall not extend in Re: Request Radio-TV Coverage of the Trial
extraordinary attention or hospitality to, nor in the Sandiganbayan of the Plunder Cases
seek opportunity for cultivating familiarity against Former President Joseph Estrada
with Judges. (2001), it was stated that the propriety of
granting or denying the petition involve the
weighing out of the constitutional guarantees
A lawyer should avoid marked attention and of freedom of the press and the right to
unusual hospitality to a judge uncalled for by public information, on the one hand, and the
the personal relations of the parties because fundamental rights of the accused, on the
they subject him and the judge to other hand, along with the constitutional
misconceptions of motives. [Canon 3]. power of a court to control its proceedings in
In order not to subject both the judge and the ensuring a fair and impartial trial. It was held
lawyer to suspicion, the common practice of that when these rights race against one
some lawyers of making judges and another, the right of the accused must be
prosecutors godfathers of their children to preferred to win, considering the possibility of
enhance their influence and their law practice losing not only the precious liberty but also
should be avoided by judges and lawyers the very life of an accused.
alike [Report of IBP Committee].
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It is the duty of an attorney, in the defense of as the offended party or accused [Sec. 1,
a person accused of a crime, by all fair and RA 6033]
honorable means, regardless of his personal
(2) Any indigent litigant may, upon motion,
opinion as to the guilt of the accused, to
ask the Court for adequate travel
present every defense that the law permits, to
allowance to enable him and his indigent
the end that no person may be deprived of
witnesses to attendant the hearing of a
life or liberty, but by due process of law [Sec.
criminal case commenced by his
20(i), Rule 138]
complaint or filed against him. The
Ratio: It is a declared policy of the State to allowance shall cover actual
value the dignity of every human person and transportation expenses by the cheapest
guarantee the rights of every individual, means from his place of residence to the
particularly those who cannot afford the court and back. When the hearing of the
services of counsel [RA 9999 or Free Legal case requires the presence of the indigent
Assistance Act of 2010]. litigant and/or his indigent witnesses in
court the whole day or for two or more
RA 9999 provides incentives for free legal
consecutive days, allowances may, in the
service. Thus, a lawyer or professional
discretion of the Court, also cover
partnerships rendering actual free legal
reasonable expenses for meal and
services shall be entitled to an allowable
lodging [Sec. 1, RA 6034].
deduction from the gross income,
(3) A stenographer who has attended a
(1) The amount that could have been
hearing before an investigating fiscal or
collected for the actual free legal
trial judge or hearing commissioner of
services rendered OR
any quasi-judicial body or administrative
(2) Up to 10% of the gross income tribunal and has officially taken notes of
derived from the actual performance the proceeding thereof shall, upon
of legal profession, whichever is written request of an indigent or low
lower. income litigant, his counsel or duly
authorized representative in the case
This is different from the 60-hour mandatory
concerned, give within a reasonable
legal aid services under Bar Matter 2012.
period to be determined by the fiscal,
judge, commissioner or tribunal hearing
INDIGENT: the case, a free certified transcript of
notes take by him on the case [Sec. 1, RA
(1) A person who has no visible means of 6035]
income or whose income is insufficient for
the subsistence of his family, to be
determined by the fiscal or judge, taking ii. Services as Counsel de Oficio
into account the members of his family
dependent upon him for subsistence Rule 14.02. A lawyer shall not decline, except
[Sec. 2, RA 6033] for serious and sufficient cause, an
appointment as counsel de oficio or as amicus
(2) A person who has no visible means of curiae, or a request from the Integrated Bar of
support or whose income does not exceed the Philippines or any of its chapters for
P300.00 per month or whose income rendition of free legal aid.
even in excess of P300.00 per month is
insufficient for the subsistence of his Rules of Court provides:
family [Sec. 2, RA 6035] (1) It is the duty of an attorney never to
reject, for any consideration personal to
himself, the cause of the defenseless or
LAW S ON INDIGENTS OR LOW oppressed [Sec. 20(h), Rule 138];
INCOME LITIGANTS:
(2) A court may assign an attorney to render
(1) All courts shall give preference to the professional aid free of charge to any
hearing and/or disposition of criminal party in a case, if upon investigation it
cases where an indigent is involved either
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appears that the party is destitute and assign a counsel de officio to defend him,
unable to employ an attorney, and that [Sec. 6, Rule 116];
the services of counsel are necessary to
(2) It is the duty of the clerk of the trial court,
secure the ends of justice and to protect
upon filing of a notice of appeal, to
the rights of the party. It shall be the duty
ascertain from the appellant, if confined
of the attorney so assigned to render the
in prison, whether he desires the
required service, unless he is excused
Regional Trial Court, Court of Appeals or
therefrom by the court for sufficient cause
the Supreme Court to appoint a counsel
shown [Sec. 31, Rule 138]
de officio [Sec. 13, Rule 122];
(3) The clerk of the CA shall designate a
Counsel de oficio - one appointed or counsel de oficio if it appears from the
assigned by the court. case record that:
Counsel de parte- one employed or (a) The accused is confined in prison,
retained by the party himself.
(b) Is without counsel de parte on
appeal, or
W HO MAY BE APPOINTED AS (c) Has signed the notice of appeal
COUNSEL DE OFICIO: himself, the clerk of Court of
Appeals shall designate a counsel
(1) A member of the bar in good standing
de oficio.
who, by reason of their experience and
ability, can competently defend the
accused;
An appellant who is not confined in prison
(2) In localities without lawyers: may, upon request, be assigned a counsel de
officio within ten days from receipt of the
(a) Any person resident of the province
notice to file brief and he establishes his right
and of good repute for probity and
thereto [Sec. 2, Rule 124]
ability [Sec. 7, Rule 116];
(b) A municipal judge or a lawyer
employed in any branch, subdivision iii. Valid Grounds for Refusal
or instrumentality of the government
Rule 14.03. A lawyer may not refuse to accept
within the province [Sec. 1, PD 543].
representation of an indigent client unless:
(a) He is in no position to carry out the work
CONSIDERATIONS IN THE effectively or competently;
APPOINTMENT OF A COUNSEL DE
(b) He labors under a conflict of interest
OFICIO:
between him and the prospective client
(1) Gravity of the offense; or between a present client and the
prospective client.
(2) Difficulty of the questions that may arise;
(3) Experience and ability of the appointee.
A lawyer shall not decline an appointment as
counsel de oficio or as amicus curiae, or a
W HEN THE COURT MAY APPOINT A request from the IBP or any of its chapters for
COUNSEL DE OFICIO (IN CRIMINAL rendition of free legal aid except for serious
ACTIONS): and sufficient cause.
(1) Before arraignment, the court shall Reason: One of the burdens of the privilege
inform the accused of his right to counsel to practice law is to render, when so required
and ask him if he desires to have one. by the court, free legal services to an indigent
Unless the accused is allowed to defend litigant.
himself in person or has employed
counsel of his choice, the court must
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Even if the lawyer does not accept a case, he Confidences of clients Secrets of clients
shall not refuse to render legal advice to the
person concerned if only to the extent handled). disclosure of which
would be
necessary to safeguard the latters rights.
[Rule 2.02, Canon 2] embarrassing or
would likely be
detrimental to the
client (i.e.,
Rule 14.04. A lawyer who accepts the cause of
information not
a person unable to pay his professional fees
exactly pertinent to
shall observe the same standard of conduct
the case).
governing his relations with paying clients.
If a lawyer volunteers his services to a client,
and therefore not entitled to attorneys fees, Communication may be transmitted by any
he is still bound to attend to a clients case form of agency, such as a messenger, an
with all due diligence and zeal. [Blanza v. interpreter or any other form of transmission.
Arcangel, A.C. No. 492 (1967)] It is immaterial whether the agent is the
agent of the attorney, the client or both.
Question of privilege is determined by the
E.2. CANDOR, FAIRNESS AND LOYALTY TO court. The burden of proof is on the party who
CLIENTS asserts the privilege.
Canon 21 enjoins a lawyer to preserve the
Canon 15. A lawyer shall observe candor, confidence and secrets of his client even after
fairness and loyalty in all his dealings and the attorney-client relation is terminated.
transactions with his clients.
i. Confidentiality Rule ii. Privileged Com m unications
Purpose: To protect the client from possible
Rule 15.02. A lawyer shall be bound by the
breach of confidence as a result of a
rule on privileged communication in respect
consultation with a lawyer [Hadjula v.
of matters disclosed to him by a prospective
Madianda, A.C. No. 6711 (2007)]
client.
name would furnish the only link that iii. Conflict of Interest
would form the chain of testimony
necessary to convict an individual of a Rule 15.01. A lawyer, in conferring with a
crime, the client's name is privileged. prospective client, shall ascertain as soon as
practicable whether the matter would involve
a conflict with another client or his own
Information relating to the identity of the interest, and if so, shall forthwith inform the
client may fall within the ambit of the prospective client.
privilege when the clients name itself has an
independent significance, such that
disclosure would then reveal client Rule 15.03. A lawyer shall not represent
confidences [Regala v. Sandiganbayan, G.R. conflicting interests except by written consent
No. 105938 (1996)] of all concerned given after a full disclosure
of the facts.
There is conflict of interest when a lawyer
General rule: The protection given to the
represents inconsistent interests of two or
client is perpetual and does not cease with
more opposing parties. [Hornilla v. Salunat,
the termination of the litigation, nor is it
A.C. 5804 (2003)].
affected by the clients ceasing to employ the
attorney and retaining another, or by any
other change of relation between them. It
REQUISITES
even survives the death of the client [Bun
Siong Yao v. Aurelio, A.C. No. 7023 (2006)] (1) There are conflicting duties;
Exception: Some privileged (2) The acceptance of the new relations
communications lose their privileged invites or actually leads to unfaithfulness
character by some supervening act done or double-dealing to another client; or
pursuant to the purpose of the (3) The attorney will be called upon to use
communication (e.g., a communication against his first client any knowledge
intended by the client to be sent to a third acquired in the previous employment.
person through his attorney loses
confidential character once it reached the
third party). TESTS OF CONFLICT OF INTERESTS
(1) Whether the acceptance of a new
EXAMPLES OF PRIVILEGED M ATTERS relation will prevent an attorney from the
full discharge of his duty of undivided
(1) Work product of lawyer (his effort, fidelity and loyalty to his client or invite
research and thought contained in his suspicion of unfaithfulness or double-
file); dealing in its performance.
(2) Report of a physician, an accountant, an (2) If the acceptance of the new retainer will
engineer or a technician, whose services require the attorney to perform an act
have been secured by a client as part of which will injuriously affect his first client
his communication to his attorney or by in any matter in which he represented
the attorney to assist him render him and also whether he will be called
effective legal assistance to his client; upon in his new relation to use against
(3) Records concerning an accident in which the first client any knowledge acquired
a party is involved; through their connection [Frias v.
Lozada, A.C. No. 6656 (2005)].
(4) Consultation which has to do with the
preparation of a client to take the (3) Whether or not in behalf of one client, it
witness stand. is the lawyers duty to fight for an issue
or claim, but it is his duty to oppose it for
the other client. In brief, if he argues for
one client, this argument will be
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opposed by him when he argues for the Rule 15.04. A lawyer may, with the written
other client. This rule covers not only consent of all concerned, act as mediator,
cases in which confidential conciliator or arbitrator in settling disputes.
communications have been confided, but
also those in which no confidence has An attorneys knowledge of the law and his
been bestowed or will be used. reputation for fidelity may make it easy for
the disputants to settle their differences
(4) Whether the acceptance of a new amicably. However, he shall not act as
relation will prevent an attorney from the counsel for any of them. [Agpalo (2004)]
full discharge of his duty of undivided
fidelity and loyalty to his client or invite
suspicion of unfaithfulness or double- iv. Candid and Honest Advice to
dealing in the performance thereof Clients
[Pacana v. Pascual-Lopez, A.C. 8243
(2009)]. Rule 15.05. A lawyer when advising his client
shall give a candid and honest opinion on the
(5) Whether the lawyer will be asked to use merits and probable results of the clients
against his former client any confidential case, neither overstating nor understating the
information acquired through their prospects of the case.
connection or previous employment
[Palm v. Iledan, Jr., A.C. 8242 (2009)] A lawyer is bound to give candid and honest
opinion on the merit or lack of merit of
Note: The test to determine whether there is
clients case, neither overstating nor
a conflict of interest in the representation is
understating the prospect of the case. He
probability, not certainty of conflict.
should also give an honest opinion as to the
probable results of the case [Agpalo (2004)]
EFFECTS OF CONFLICT OF INTEREST The signature of counsel constitutes a
certificate by him that he has read the
Representing adverse interest may result in:
pleading; that to the best of his knowledge,
(1) Disqualification as counsel in the new information, and belief there is good ground
case; to support it; and that it is not interposed for
delay [Sec. 3, Rule 7]
(2) If prejudicial to interests of latter client,
setting aside of a judgment;
(3) Administrative and criminal (for betrayal v. Not to Claim Influence
of trust) liability;
Rule 15.06. A lawyer shall not state or imply
(4) Forfeiture of attorneys fees. that he is able to influence any public official,
tribunal or legislative body.
General rule: A lawyer may not represent Ratio: To protect against influence peddling.
two opposing parties at any point in time. A [Agpalo (2004)].
lawyer need not be the counsel-of-record of
either party. It is enough that the counsel had
a hand in the preparation of the pleading of vi. Com pliance with Laws
one party. Rule 15.07. A lawyer shall impress upon his
Exception: When the parties agree, and for client compliance with the laws and
amicable settlement [Agpalo (2004)] principles of fairness.
At a certain stage of the controversy, before it It is the duty of an attorney to counsel or
reaches the court, a lawyer may represent maintain such actions or proceedings only as
conflicting interests with the consent of the appear to him to be just, and such defenses
parties [Dee v. CA, G.R. No. 77439 (1989)] only as he believes to be honestly debatable
under the law [Sec. 20(c), Rule 138].
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A lawyer is required to represent his client Lawyers cannot acquire or purchase, even at
within the bounds of law. He is enjoined to a public or judicial auction, either in person or
employ only fair and honest means to attain through the mediation of another, the
the lawful objectives of his client and not to property and rights which may be the object
allow his client to dictate the procedure in of any litigation in which they take part by
handling the case. virtue of their profession [Art. 1491(5), Civil
Code].
A lawyer appears in court in representation of
his client not only as an advocate but also as Ratio: The prohibition is based on the
an officer of the court. To permit lawyers to existing relation of trust or the lawyers
resort to unscrupulous practices for the peculiar control over the property.
protection of the supposed rights of their
clients is to defeat the administration of
justice [Agpalo (2004)] REQUISITES (RLCP)
(1) There is an attorney-client
relationship;
vii. Concurrent Practice of Another
Profession (2) The property or interest of the client is in
litigation;
Rule 15.08. A lawyer who is engaged in
another profession or occupation (3) The attorney takes part as counsel in
concurrently with the practice of law shall the case;
make clear to his client whether he is acting (4) The attorney purchases or acquires the
as a lawyer or in another capacity. property or right, by himself or through
Exercise of dual profession is not prohibited another, during the pendency of
but a lawyer must make it clear when he is litigation [Laig v. CA, G.R. No. L-26882
acting as a lawyer or when he is acting in (1978)]
another capacity, especially in occupations Any scheme which has the effect of
related to the practice of law [In re: Rothman, circumventing the law comes within the
12 N.J. 528 (1953)] prohibition [Agpalo (2004)].
Ratio: Certain ethical considerations may be
operative in one profession and not in the
other [Agpalo (2004)] INSTANCES W HEN PROHIBITION IN
CIVIL CODE ART. 1491 APPLIES:
A lawyer is not barred from dealing with his
client but the business transaction must be (1) Even if the purchase or lease of the
characterized with utmost honesty and good property in litigation is in favor of a
faith. Business transactions between an partnership, of which counsel is a
attorney and his client are disfavored and partner [Mananquil v. Villegas, A.C. No.
discouraged by policy of law because by 2430 (1990)]
virtue of a lawyers office, he is an easy (2) If the purchase is made by the wife of the
position to take advantage of the credulity attorney [In re: Calderon, G.R. No. L-
and ignorance of his client. Thus, there is no 2409 (1907)]
presumption of innocence or improbability of
wrongdoing in favor of lawyers [Nakpil v. (3) Mortgage of property in litigation to the
Valdez, A.C. No. 2040 (1998)] lawyer. In this case, acquisition is merely
postponed until foreclosure but effect is
the same. It also includes assignment of
E.3. CLIENTS MONEYS AND PROPERTIES property [Ordonio v. Eduarte, A.M. No.
3216, (1992)].
Canon 16. A lawyer shall hold in trust all
moneys and properties of his client that may The purchase by a lawyer of the property in
come into his possession. litigation from his client is void and could
produce no legal effect [Article 1409(7), Civil
Code]
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A lawyer should not accept an undertaking in It is the duty of an attorney to employ, for the
a specific area of law which he knows or purpose of maintaining the causes confided
should know he is not qualified to enter. to him, such means only as are consistent
[Agpalo (2004)] with truth and honor, and never seek to
mislead the judge or any judicial officer by an
artifice or false statement of fact or law [Sec.
iv. Duty to Apprise Client 20(d), Rule 138]
Rule 18.04. A lawyer shall keep the client A lawyer should not file or threaten to file any
informed of the status of his case and shall unfounded or baseless criminal case or cases
respond within a reasonable period of time to against the adversaries of his client designed
clients request for information. to secure a leverage to compel adversaries to
yield or withdraw their own cases against the
It was unnecessary to have the clients wait, lawyers client. [Pena v. Aparicio, A.C. No.
and hope, for six long years on their pension 7298 (2007)]
claims. Upon their refusal to cooperate, the
lawyer should have forthwith terminated their
professional relationship instead of keeping ii. Clients Fraud
them hanging indefinitely. [Blanza v. Arcangel,
A.C. No. 492 (1967)] Rule 19.02. A lawyer who has received
information that his client has, in the course
of the representation, perpetrated a fraud
CLIENT SHOULD MAKE PROPER upon a person or tribunal, shall promptly call
INQUIRIES upon the client to rectify the same, and
failing which he shall terminate the
The client should not, however, sit idly by. It is relationship with such client in accordance
also his duty to make proper inquiries from with the Rules of Court.
his counsel concerning his case, in keeping
with that standard of care which an ordinarily This rule merely requires the lawyer to
prudent man bestows upon his important terminate his relationship with the client in
business. the event the latter fails or refuses to rectify
the fraud. [Agpalo (2004)]
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Rule 20.01. A lawyer shall be guided by the reasonably to notify him that lawyer expects
following factors in determining his fees: compensation.
(a) The time spent and the extent of the
services rendered or required;
W HEN AUTHORIZED:
(b) The novelty and difficulty of the
(1) The agreement as to counsel fees is
questions involved;
invalid for some reason other than the
(c) The importance of the subject matter; illegality of the object of performance;
(d) The skill demanded; (2) There is no express contract for
attorneys fees agreed upon between the
(e) The probability of losing other
lawyer and the client;
employment as a result of acceptance of
the proffered case; (3) When although there is a formal contract
of attorneys fees, the stipulated fees are
(f) The customary charges for similar
found unconscionable or unreasonable
services and the schedule of fees of the
by the court;
IBP chapter to which he belongs;
(4) When the contract for attorneys fees is
(g) The amount involved in the controversy
void due to purely formal matters or
and the benefits resulting to the client
defects of execution;
from the service;
(5) When the counsel, for justifiable cause,
(h) The contingency or certainty of
was not able to finish the case to its
compensation;
conclusion;
(i) The character of the employment,
(6) When lawyer and client disregard the
whether occasional or established; and
contract of attorneys fees;
(j) The professional standing of the lawyer.
(7) When there is a contract but no
stipulation as to attorneys fees.
MANNER BY W HICH ATTORNEYS MAY
BE PAID QUANTUM MERUIT GUIDELINES
(1) A fixed or absolute fee which is payable
(1) Time spent and extent of the services
regardless of the result of the case; rendered. A lawyer is justified in fixing
(2) A contingent fee that is conditioned upon higher fees when the case is so
the securing of a favorable judgment and complicated and requires more time and
recovery of money or property and the efforts to finish it.
amount of which may be on a percentage (2) Importance of subject matter. The more
basis; important the subject matter or the
(3) A fixed fee payable per appearance; bigger value of the interest or property in
litigation, the higher is the attorneys fee.
(4) A fixed fee computed by the number of
hours spent; (3) Novelty and difficulty of questions
involved. When the questions in a case
(5) A fixed fee based on a piece of work;
are novel and difficult, greater efforts,
(6) A combination of any of the above deeper study, and research are bound to
stipulated fees. burn the lawyers time and stamina
considering that there are no local
precedents to rely upon.
QUANTUM MERUIT
(4) Skill demanded of the lawyer. The
Means as much as a lawyer deserves. totality of the lawyers experience
provides him the skill and competence
Essential requisite: Acceptance of the
admired in lawyers.
benefits by one sought to be charged for
services rendered under circumstances as
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iii. Attorneys Liens (4) The attorney has a claim for attorneys
fees or advances statement of his claim
has been recorded in the case with
RETAINING LIEN notice served upon the client and
An attorney shall have a lien upon the funds, adverse party.
documents and papers of his client which
have lawfully come into his possession. Thus:
(1) He may retain the same until his lawful Retaining lien Charging lien
fees and disbursements have been paid; Nature
(2) May apply such funds to the satisfaction Passive lien. It Active lien. It can be
thereof. [Sec. 37, Rule 138] cannot be actively enforced by
enforced. It is a execution. It is a
general lien. special lien.
REQUISITES
Basis
(1) Attorney-client relationship;
Lawful possession Securing of a
(2) Lawful possession by lawyer of the of funds, papers, favorable money
clients funds, documents and papers in documents, judgment for client
his professional capacity; and property belonging
(3) Unsatisfied claim for attorneys fees or to client
disbursements. Coverage
Covers only funds, Covers all
CHARGING LIEN papers, documents, judgments for the
and property in the payment of money
He shall also have a lien to the same extent
lawful possession of and executions
upon all judgments for the payment of money,
the attorney by issued in pursuance
and executions issued in pursuance of such
reason of his of such judgment
judgments, which he has secured in a
professional
litigation of his client. This lien exists from
employment
and after the time when he shall have
caused:
Effectivity
(1) A statement of his claim of such lien to
be entered upon the records of the court As soon as the As soon as the claim
rendering such judgment, or issuing lawyer gets for attorneys fees
such execution; and possession of the had been entered
funds, papers, into the records of
(2) Written notice thereof to be delivered to documents, the case
his client and to the adverse party. property
From then on, he shall have the same right Applicability
and power over such judgments and
May be exercised Generally, it is
executions as his client would have to enforce
before judgment or exercisable only
his lien and secure the payment of his just
execution, or when the attorney
fees and disbursements [Sec. 37, Rule 138]
regardless thereof had already secured
a favorable
judgment for his
REQUISITES
client
(1) Attorney-client relationship;
(2) The attorney has rendered services; Notice
(3) A money judgment favorable to the Client need not be Client and adverse
client has been secured in the action; notified to make it party need to
and effective notified to make it
effective
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Rule 21.03. A lawyer shall not, without the Rule 21.07. A lawyer shall not reveal that he
written consent of his client, give information has been consulted about a particular case
from his files to an outside agency seeking except to avoid possible conflict of interest.
such information for auditing, statistical,
bookkeeping, accounting, data processing, or
any similar purpose. Read in relation to:
The work and product of a lawyer, such as his Rule 15.01. A lawyer, in conferring with a
effort, research, and thought, and the records prospective client, shall ascertain as soon as
of his client, contained in his files are practicable whether the matter would involve
privileged matters. Neither the lawyer nor, a conflict with another client or his own
after his death, his heir or legal interest, and if so, shall forthwith inform the
representative may properly disclose the prospective client.
contents of such file cabinet without clients
consent.
Rule 14.03. A lawyer may not refuse to accept
representation of an indigent client unless:
Rule 21.05. A lawyer shall adopt such
measures as may be required to prevent (b) He labors under a conflict of interest
those whose services are utilized by him from between him and the prospective client or
disclosing or using confidences or secrets of between a present client and the prospective
the client. client.
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Rule 21.04. A lawyer may disclose the affairs Rule 22.01. A lawyer may withdraw his
of a client of the firm to partners or associates services in any of the following cases:
thereof unless prohibited by the client. (a) When the client pursues an illegal or
immoral course of conduct in connection
with the matter he is handling;
E.9. WITHDRAWAL OF SERVICES
(b) When the client insists that the lawyer
Canon 22. A lawyer shall withdraw his
pursue conduct violative of these canons
services only for good cause and upon notice
and rules;
appropriate in the circumstances.
(c) When his inability to work with co-
counsel will not promote the best
CAUSES OF TERMINATION OF interest of the client;
ATTORNEY-CLIENT RELATIONSHIP (d) When the mental or physical condition of
(1) Withdrawal of the lawyer; the lawyer renders it difficult for him to
carry out the employment effectively;
(2) Death of the lawyer;
(e) When the client deliberately fails to pay
(3) Disbarment or suspension of the lawyer
the fees for the services or fails to comply
from the practice of law; with the retainer agreement;
(4) Declaration of presumptive death of the
(f) When the lawyer is elected or appointed
lawyer; to public office; and
(5) Conviction of a crime and imprisonment
(g) Other similar cases.
of the lawyer;
(6) Discharge or dismissal of the lawyer by
the client; A lawyer may retire at any time from any
action or special proceeding:
(7) Appointment or election of a lawyer to a
government position which prohibits (1) With the written consent of his client
private practice of law; filed in court and copy thereof served
upon the adverse party; or
(8) Death of the client;
(2) Without the consent of his client, should
(9) Intervening incapacity or incompetence
the court, on notice to the client and
of the client during pendency of case;
attorney, and on hearing, determine that
(10) Full termination of the case. he ought to be allowed to retire. [Sec.
26, Rule 138]
IV. Suspension,
Rule 22.02. A lawyer who withdraws or is
discharged shall, subject to a retaining lien, Disbarment, and
immediately turn over all papers and
property to which the client is entitled, and Discipline of Lawyers
shall cooperate with his successor in the
orderly transfer of the matter, including all
A. NATURE AND CHARACTERISTICS OF
information necessary for the proper
handling of the matter. DISCIPLINARY ACTIONS AGAINST
LAWYERS
(1) Disciplinary proceedings are sui generis.
REQUIREMENTS OF A VALID (2) They are neither purely civil nor purely
SUBSTITUTION OF COUNSEL criminal. They are not intended to inflict
(1) The filing of a written application for punishment.
substitution; (3) They do not involve a trial of an action or
(2) The clients written consent; a suit, but is rather an investigation by
the Court into the conduct of its officers.
(3) The consent of the substituted lawyer if There is neither a plaintiff nor a
such consent can be obtained; and, in prosecutor.
case such written consent cannot be
procured; (4) They may be initiated by the Court motu
proprio. The Court merely calls upon a
(4) A proof of service of notice of such member of the Bar to account for his
motion on the attorney to be substituted actuations as an officer of the Court with
in the manner required by the Rules the end in view of preserving the purity of
[Sec. 26, Rule 138] the legal profession and the proper and
At the discretion of the court, a lawyer, who honest administration of justice in the
has been dismissed by a client, is allowed to exercise of its disciplinary powers.
intervene in a case in order to protect the (5) Public interest is the primary objective,
clients rights [Obando v. Figueras, G.R. No. and the real question for determination is
134854 (2000)] whether or not the attorney is still a fit
person to be allowed the privileges as
such [In Re: Almacen (1970), Itong v.
Florendo, A.C. 4428 (2011)].
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A. PURPOSE
GUIDELINES IN RESOLVING REQUESTS
FOR JUDICIAL CLEMENCY OF DISBARRED Continuing legal education is required of
LAWYERS members of the IBP to:
(1) There must be proof of remorse and (1) Ensure that throughout their career, they
reformation. These include testimonials keep abreast with law and jurisprudence;
of credible institutions and personalities;
(2) Maintain the ethics of the profession;
(2) Sufficient time must have lapsed from the and
imposition of the penalty to ensure a
period of reformation; (3) Enhance the standards of the practice of
law [Sec. 1, Rule 1, BM 850]
(3) The age of the person asking for
clemency must show that he still has
productive years ahead of him that can be B. REQUIREMENTS
put to good use by giving him a chance to
redeem himself;
Members of the IBP shall complete, every
(4) There must be a showing of promise (e.g., three years, at least 36 hours of continuing
intellectual aptitude, contribution to legal legal education activities approved by the
scholarship), and potential for public MCLE Committee. Of the 36 hours:
service;
(5) Other relevant factors to justify clemency
[Re: Letter of Judge Diaz, A.M. 07-7-17-SC Subject # of Hours
(2007)]. Legal Ethics 6 hours
Trial and Pre-trial Skills 4 hours
C. LAWYERS WHO HAVE BEEN Alternative Dispute Resolution 5 hours
REPATRIATED
Updates on substantive and 9 hours
Lawyers who reacquire their Philippine
procedural laws and
citizenship should apply to the Supreme
Jurisprudence
Court for license or permit to practice their
profession. [Sec. 5(4), RA 9225] International law and 2 hours
International Conventions
Legal Writing and Oral 4 hours
Advocacy
Other MCLE prescribed 6 hours
subjects
C. COMPLIANCE
The IBP members covered by the requirement D. EXEMPTIONS
are divided into three compliance groups: EXEMPTED MEMBERS FROM THE MCLE
(1) Compliance Group 1 consists of members (1) The President and the Vice President of
in the National Capital Region (NCR) or the Philippines, and the Secretaries
Metro Manila; and Undersecretaries of Executives
Departments;
(2) Compliance Group 2 consists members
in Luzon outside NCR; and (2) Senators and Members of the House of
Representatives;
(3) Compliance Group 3 consists of
members in Visayas and Mindanao. (3) The Chief Justice and Associate
Justices of the Supreme Court,
The initial compliance period shall begin not
incumbent and retired members of the
later than three months from the constitution
judiciary, incumbent members of the
of the MCLE Committee. The compliance
Judicial and Bar Council and
period shall be for 36 months and shall begin
incumbent court lawyers covered by
the day after the end of the previous
the Philippine Judicial Academy
compliance period. [Sec. 1, Rule 3, BM 850]
program of continuing judicial
For those admitted or readmitted after the education;
establishment of the program, they will be
(4) The Chief State Counsel, Chief State
permanently assigned to the appropriate
Prosecutor and Assistant Secretaries of
compliance group based on their chapter
the Department of Justice;
membership on the date of admission or
readmission. (5) The Solicitor General and the Assistant
Solicitor General;
The initial compliance period after admission
or readmission shall begin on the first day of
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(8) The Ombudsman, the Overall Deputy (2) Any member who fails to satisfactorily
Ombudsman, the Deputy Ombudsmen comply shall be listed as a delinquent
and the Special Prosecutor of the Office member by the IBP Board of Governors
of the Ombudsman; upon the recommendation of the MCLE
Committee, in which case, Rule 139-A,
(9) Heads of government agencies Rules of Court, governing the IBP, shall
exercising quasi-judicial functions; apply [Sec. 1 and 2, Rule 13, BM 850]
(10) Incumbent deans, bar reviewers and Under BM 1922 (2008), practicing members
professors of law who have teaching of the bar are required to indicate in all
experience for at least ten years pleadings filed before the courts or quasi-
accredited law schools; judicial bodies, the number and date of issue
(11) The Chancellor, Vice-Chancellor and of their MCLE Certificate of Compliance or
members of the Corps of Professors Certificate of Exemption, as may be
and Professorial Lectures of the applicable, for the immediately preceding
Philippine Judicial Academy; compliance period.
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C.2. LIMITATIONS
ii. Certifying the Affixing of Signature
by Thum b/Other M ark i. Relating to Notarial Acts
A notary public is authorized if: A notary public shall not perform a notarial
act outside his regular place of work or
(1) The thumb or other mark is affixed in the business; provided, however, that on certain
presence of the notary public and of two exceptional occasions or situations, a notarial
(2) disinterested and unaffected act may be performed at the request of the
witnesses to the instrument or document; parties in the following sites located within
(2) Both witnesses sign their own names in his territorial jurisdiction:
addition to the thumb or other mark; (a) Public offices, convention halls, and
(3) The notary public writes below the thumb similar places where oaths of office may
or other mark: Thumb or Other Mark be administered;
affixed by (name of signatory by mark) in (b) Public function areas in hotels and
the presence of (names and addresses of similar places for the signing of
witnesses) and undersigned notary instruments or documents requiring
public; and notarization;
(4) The notary public notarizes the signature (c) Hospitals and other medical institutions
by thumb or other mark through an where a party to an instrument or
acknowledgment, jurat, or signature document is confined for treatment; and
witnessing. [Sec. 1(b), Rule IV, Notarial
Rules] (d) Any place where a party to an instrument
or document requiring notarization is
under detention [Sec. 2(a), Rule IV,
iii. Signing on Behalf of a Person W ho Notarial Rules]
is Physically Unable to Sign or Make a
Mark
A person shall not perform a notarial act if
A notary public is authorized if: the person involved as signatory to the
(1) The notary public is directed by the instrument or document:
person unable to sign or make a mark to (a) Is not in the notary's presence personally
sign on his behalf; at the time of the notarization; and
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(b) Is not personally known to the notary A notary public shall not notarize:
public or otherwise identified by the
(a) A blank or incomplete instrument or
notary public through competent
document; or
evidence of identity as defined by the
Notarial Rules (b) An instrument or document without
appropriate notarial certification [Sec. 6,
Rule IV, Notarial Rules]
A notary public is disqualified from
performing a notarial act if he:
ii. Relating to Notarial Register
(a) Is a party to the instrument or document
that is to be notarized; In the notary's presence, any person may
inspect an entry in the notarial register,
(b) Will receive, as a direct or indirect result,
during regular business hours, provided;
any commission, fee, advantage, right,
title, interest, cash, property, or other (a) The person's identity is personally known
consideration, except as provided by the to the notary public or proven through
Notarial Rules and by law; or competent evidence of identity as
defined in the Notarial Rules;
(c) A notary public is disqualified from
performing is a spouse, common-law (b) The person affixes a signature and
partner, ancestor, descendant, or thumb or other mark or other recognized
relative by affinity or consanguinity of the identifier, in the notarial register in a
principal within the fourth civil degree separate, dated entry;
[Sec. 3, Rule IV, Notarial Rules]
(c) The person specifies the month, year,
type of instrument or document, and
name of the principal in the notarial act
A notary public shall not perform any notarial
or acts sought; and
act described in the Notarial Rules if:
(d) The person is shown only the entry or
(a) The notary knows or has good reason to
entries specified by him;
believe that the notarial act or
transaction is unlawful or immoral;
(b) The signatory shows a demeanor which The notarial register may be examined by a
engenders in the mind of the notary law enforcement officer in the course of an
public reasonable doubt as to the official investigation or by virtue of a court
former's knowledge of the consequences order.
of the transaction requiring a notarial
If the notary public has a reasonable ground
act; and
to believe that a person has a criminal intent
(c) In the notary's judgment, the signatory is or wrongful motive in requesting information
not acting of his or her own free will [Sec. from the notarial register, the notary shall
4, Rule IV, Notarial Rules] deny access to any entry or entries therein
[Sec. 4, Rule VI, Notarial Rules]
keep and maintain a Notarial Register (f) Reasons for refusal to allow
wherein he will record his every notarial act. inspection or copying of a journal
His failure to make the proper entry or entries entry;
in his notarial register concerning his notarial
(13) Brief description of the substance of a
acts is a ground for revocation of his notarial
contract presented for notarization;
commission [Agadan, et al. v. Kilaan, A.C. No.
9385 (2013)]. (14) In case of a protest of any draft, bill of
exchange or promissory note, a full and
true record of all proceedings in relation
D.1. ENTRIES thereto and shall note therein:
i. By the Notary Public (a) Whether the demand for the sum
Required to be entered at the time of of money was made, by whom,
notarization: when and where;
(1) The entry number and page number; (b) Whether he presented such draft,
bill or note;
(2) The date and time of day of the notarial
act; (c) Whether notices were given, to
whom and in what manner; where
(3) The type of notarial act; the same was made, when and to
(4) The title or description of the instrument, whom and where directed; and
document or proceeding; (d) Of every other fact touching the
(5) The name and address of each principal; same [Sec. 2, Rule VI, Notarial
Rules]
(6) The competent evidence of identity as
defined by the Notarial Rules if the
signatory is not personally known to the ii. By Other Persons
notary;
At the time of notarization, the notary's
(7) The name and address of each credible notarial register shall be signed or a thumb or
witness swearing to or affirming the other mark affixed by each:
person's identity;
1. Principal;
(8) The fee charged for the notarial act;
2. Credible witness swearing or
(9) The address where the notarization was affirming to the identity of a principal;
performed if not in the notary's regular and
place of work or business; and
3. Witness to a signature by thumb or
(10) Any other circumstance the notary public other mark, or to a signing by the
may deem of significance or relevance; notary public on behalf of a person
(11) Reasons and circumstances for not physically unable to sign [Sec. 3, Rule
completing a notarial act; VI, Notarial Rules]
(12) Circumstances of any request to inspect
or copy an entry in the notarial register, D.2. CLOSING
including the:
At the end of each week, the notary public
(a) Requesters name; shall certify in his notarial register the
number of instruments or documents
(b) Requesters address;
executed, sworn to, acknowledged, or
(c) Requesters signature; protested before him; or if none, this
(d) Requesters thumbmark or other certificate shall show this fact. [Sec. 2(g),
recognized identifier; Rule VI, Notarial Rules]
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judge does not surrender his or her associates refrain from creating the
independent decision making, there can be impression that they are in a position to
no breach of Sec. 2 and 3 of the Code influence the judge. [ABA Rule of Law
Initiative, New Code of Judicial Conduct for
In the case of Sabitsana v. Villamor (1991) the
the Philippine Judiciary (Annotated) (2007)]
respondent judge of the Regional Trial Court
(RTC) wrote a letter to a lower court judge of "Judges family" includes a judges spouse,
the Municipal Trial Court (MTC) judge seeking son, daughter, son-in-law, daughter-in-law,
to influence him to hear a case and even and any other relative by consanguinity or
intimating that he issue an order of acquittal. affinity within the sixth civil degree, or person
The High Court ruled that a judge who tries to who is a companion or employee of the judge
influence the outcome of a litigation pending and who lives in the judges household
before another court not only subverts the [Definitions, New Code of Judicial Conduct].
independence of the judiciary but also
Otherwise, the judge risks undermining
undermines the people's faith in its integrity
public confidence not just in him or herself,
and impartiality. The interference in the
but in the entire judicial institution [ABA
decision-making process of another judge is a
(2007)]
breach of conduct so serious as to justify
dismissal from service based only on a
preponderance of evidence INDEPENDENCE FROM EXECUTIVE AND
LEGISLATIVE
INFLUENCE ON JUDICIAL CONDUCT Sec. 5. Judges shall not only be free from
inappropriate connections with, and
Sec. 4. Judges shall not allow family, social or influence by, the executive and legislative
other relationships to influence judicial branches of government, but must also
conduct or judgment. The prestige of judicial appear to be free therefrom to a reasonable
office shall not be used or lent to advance the observer.
public interests of others, nor convey or
permit others to convey the impression that
they are in a special position to influence the The reality in the Philippine political system is
judge. that judges can easily get an appointment or
promotion with some assistance or support
from political leaders, religious groups,
Under the New Code of Judicial Conduct, the military stalwarts, big companies and the
term family is extended beyond that of affluent. The most pervasive influence comes
nuclear members to include those related by from leaders in the legislature and those
blood or marriage up to the sixth civil degree, closely allied with the executive department.
as well as those who belong to the judges [ABA (2007)].
employ and are living in his household. These
familial ties may not influence a judge in his Mere congeniality between a judge and a
or her discharge of judicial duties. governor may not necessarily be unethical,
but it may still create the appearance of
It should be noted that when a judge is impropriety. This congeniality was not
related to one of the parties within the sixth necessarily detrimental to judicial
degree of consanguinity or affinity, his independence, provided that there was no
disqualification is mandatory. This provision showing that such relations were for corrupt
is intended to ensure that judges are spared ends. However, had this case been tried
from potential influence of family members under the New Code of Judicial Conduct, the
by disqualifying them even before any judges acts would likely have created an
opportunity for impropriety presents itself. appearance of an improper connection. To
This gives instruction to judges not to allow the common person, the accommodation
their family members, friends and associates may seem a reason for the judge to ingratiate
to influence them in their judicial conduct or himself towards his benefactors, which may
judgment. Also importantly, a judge should ultimately be perceived as affecting the
ensure that his family members, friends and judges ability to rule independently.
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Therefore, whether or not the congenial with litigants outside the office premises
relationship was indeed used for corrupt ends, beyond office hours violate the standard of
it would be advisable for judges to avoid judicial conduct required to be observed by
becoming dependent on other parties, members of the bench. They constitute gross
especially for basic needs like transportation misconduct which is punishable under Rule
to the judges workstation. [Re: Suspension of 140, Rules of Court [Tan v. Rosete, A.M. MTJ-
Clerk of Court Rogelio R. Joboco, A.M. No. 93- 04-1563 (2004)]
10-1296-RTC (1998)].
Granting bail because of the request of a
SAFEGUARDS FOR JUDICIAL
congressman, despite belief that the
INDEPENDENCE
evidence of guilt against the accused is
strong, is reprehensible [Tahil v. Eisma, A.M. Sec. 7. Judges shall encourage and uphold
No. 276-MJ (1975)]. safeguards for the discharge of judicial duties
in order to maintain and enhance the
It is absolutely essential to the proper
institutional and operational independence of
administration of justice that courts have full
the judiciary
control over the official actions of those
through whom the administration of the
affairs of the court precedes. For judicial
PROMOTE PUBLIC CONFIDENCE
independence to be a reality, the least
interference by or influence from other Sec. 8. Judges shall exhibit and promote high
governmental departments is of the essence. standards of judicial conduct in order to
Only this Court has the authority to order a reinforce public confidence in the judiciary
personnel accounting of locally-funded which is fundamental to the maintenance of
employees assigned in the lower courts to judicial independence
determine the necessity of their detail
[Alfonso v. Alonzo-Legasto, A.M. No. MTJ 94-
995 (2002)]. Secs. 7 and 8 instruct judges on what to do to
It is desirable that the judge should, as far as maintain and enhance judicial independence.
reasonably possible, refrain from all relations Sec. 7 requires judges to encourage and
which would normally tend to arouse the uphold safeguards for the discharge of
suspicion that such relations warp or bias his judicial duties in order to maintain and
judgment, and prevent an impartial attitude enhance judicial independence, while Sec. 8
of mind in the administration of judicial focuses on inspiring public confidence. They
duties [ABA (2007)]. are intended to serve as catch-all provisions
for all other acts that would guarantee the
independence of the judiciary, but which may
INDEPENDENCE FROM SOCIETY AND not have been covered in the specific
PARTICULAR PARTIES instances mentioned in the earlier provisions
[ABA (2007)].
Sec. 6. Judges shall be independent in
relation to society in general and in relation The judge should always be imbued with a
to the particular parties to a dispute which he high sense of duty and responsibility in the
or she has to adjudicate. discharge of his obligation to promptly and
properly administer justice. He must view
himself as a priest, for the administration of
justice is akin to a religious crusade
Judges should not fraternize with litigants
and their counsel. In fact, they should make a [Dimatulac v. Villon, G.R. No. 127107 (1998)].
conscious effort to avoid them in order to
avoid the perception that their independence
has been compromised [ABA (2007)]
A judges act of sending a member of his staff
to talk with a complainant and show copies of
his draft decisions, and his act of meeting
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Canon 2. Integrity is essential not only to the The conduct of a judge must be free of a whiff
proper discharge of the judicial office but of impropriety not only with respect to his
also to the personal demeanor of judges. performance of his judicial duties, but also to
his behavior outside his sala and as a private
individual. There is no dichotomy of morality:
CANON 2 Asked 3 times in the Bar. [Lex a public official is also judged by his private
Pareto (2014)] morals. [In Re: Complaint of Mrs. Marcos
Against Judge Marcos, A.M. No. 97-2-53-RTC
Summary of the duties of a judge under (2001)]
Canon 2, Integrity:
a. Judges shall ensure that not only is their
conduct above reproach but that it is With regard to professional integrity, judges
perceived to be so in the view of a have been penalized for:
reasonable observer. 1. Demanding and/or accepting bribes
b. The behavior and conduct of judges [Tan v. Rosete (2004)];
must reaffirm the peoples faith in the 2. Fraternizing with litigants and/or
integrity of the judiciary. Justice must not lawyers [Dela Cruz v. Bersamin (2000)];
merely be done, but must also be seen to
be done. 3. Altering orders [Rallos v. Gako (2000)];
disqualified in hearing the case because he (2003)] Moreover, it has been held that bias
has lost all respect in the manner in which and prejudice must be shown to have
the prosecutor has been prosecuting the case stemmed from an extra-judicial source and
was granted. result in an opinion on the merits on some
basis other than the evidence presented
[Aleria v. Velez (1998)].
ECONOMIC INTEREST OF JUDGE OR HIS
FAMILY
OTHER EXAMPLES
In Oktubre v. Velasco (2004), a municipal
judge, as private complainant, caused three Disqualification was also allowed when the
criminal complaints to be filed before his own judge has been previously associated with a
court. He also issued a warrant of arrest and party as counsel, [Austria v. Masaquel (1978)]
subpoenas before finally inhibiting himself notarized the affidavit of a person to be
from hearing the cases. The Supreme Court presented as witness [Mateo v. Villaluz
found him guilty of grave misconduct, gross (1973)], if he is a material witness to a case
ignorance of the law and grave abuse of [AmJur; Lewis v. State (2002)]
authority, and dismissed him from service. It
stated that the idea that a judge can preside
over his own case is anathema to the notion UTANG NA LOOB
of impartiality and that his subsequent
Mere fact that a counsel who is appearing
inhibition from the three cases does not
before a judge was one of those who
detract from his culpability for he should not
recommended him to the Bench is not a valid
have taken cognizance of the cases in the first
ground from voluntary inhibition. Utang na
place.
loob per se should not be a hindrance to the
administration of justice. Nor should
recognition of such value prevent the
REVIEWING OWN CASES
performance of judicial duties. However,
In Sandoval v. CA (1996), the Supreme Court where the judge admits that he may be
that an Associate Justice who only partly suspected of surrendering to the persuasions
presided over a case in the trial court and of utang na loob, and he may succumb to it
who did not render the final decision cannot considering that he and members of the
be said to have been placed in a position family, no less shall ever remain obliged in
where he had to review his own decision and, eternal gratitude to the recommending
as such, was not legally bound, on this counsel, the judge should inhibit himself.
ground, to inhibit himself as ponente of the [Query of Executive Judge Estrella Estrada, etc,
case. Nevertheless, it was held that he should A.M. No. 87-9-3918-RTC (1987) cited in Lex
have voluntarily inhibited himself for his Pareto (2014)]
earlier involvement in the case constitutes
just or valid reason under Sec. 1, Rule 137. A
judge should not handle a case in which he CLASSMATE OR FRATERNITY BROTHER
might be perceived, rightly or wrongly, to be
A judge should not be disqualified because
susceptible to bias and partiality.
he was a classmate (or a co-member in a
fraternity) of one of the counsels if there is no
proof that such relationship results in actual
PREVIOUSLY SERVED AS COUNSEL
bias or prejudice. To allow disqualification
A judge may validly disqualify himself due to would unnecessarily burden other trial judges
his bias and prejudice. [However,] bias and to whom the case will be assigned. Confusion
prejudice cannot be presumed [Soriano v. would result, because a judge would then be
Angeles (2000)]. The mere imputation of bias barred from sitting in a case whenever one of
or partiality is not sufficient for a judge to his former classmates (and he could have
inhibit, especially when the charge is without many) appeared. [Masadao and Elizaga, cited
basis. It must be proven with clear and in Lex Pareto (2014)]
convincing evidence. [Gochan v. Gochan
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(6) Posting credentials as judge in Some instances when judges were rebuked:
Friendster and posting a picture with
(1) Making sexually suggestive advances to
indecent attire [Lorenzana v. Austria
women [Mariano v. Gonzales (1982)];
(2014)].
(2) Writing letter to a married woman to
Violent action in a public place, whatever the
come to the sala after 5 pm [Hadap v.
motive, constitutes serious misconduct and
Lee (1982)];
resultant outrage of the community [Arban v.
Boraha (1989)]. (3) Assigning a female stenographer to a
judges chamber [Ritual v. Valencia
It is highly improper for a judge to wield a
(1978)];
high-powered firearm in public and besieged
the house of a perceived defamer of character
and honor in warlike fashion, berating the
AVOIDANCE OF CONTROVERSY
object of his ire with his firearm aimed at him
[Saburnido v. Madrano (2001)]. Sec. 3. Judges shall, in their personal
relations with individual members of the
legal profession who practice regularly in
ACCEPTANCE OF PERSONAL their court, avoid situations which might
RESTRICTIONS reasonably give rise to the suspicion or
appearance of favoritism or partiality.
Sec. 2. As a subject of constant public
scrutiny, judges must accept personal
restrictions that might be viewed as
A judge is commanded at all times to be
burdensome by the ordinary citizen and
mindful of the high calling of a dispassionate
should do so freely and willingly. In
and impartial arbiter expected at all times to
particular, judges shall conduct themselves
be a cerebral man who deliberately holds in
in a way that is consistent with the dignity of
check the tug and pull of purely personal
the judicial office.
preferences which he shares with his fellow
mortals. [Oca v. Paderanga (2005)]. Judges
should refrain from inviting counsel for one
While judges are only human, their
side into their chambers after or prior to
acceptance of the judicial position means
sessions in court without disclosing to the
that more is expected from them than from
other counsel the reason for such meetings,
ordinary citizens, as their acts, both public
[Martinez v. Gironella (1975); being aggressive
and private, color the publics perception of
in demeanor towards a lawyer appearing
the judiciary as a whole.
before them, [Royeca v. Aminas (1976)]; and
As subjects of constant public scrutiny, making public comments, or allowing court
personal restrictions that might be viewed as staff to make comments, on pending cases,
burdensome by the ordinary citizen should be [Geotina v Gonzales (1971)].
freely and willingly accepted by a judge. In
Constant company [or fraternizing] with a
particular, he or she must exhibit conduct
lawyer tends to breed intimacy and
consistent with the dignity of the judicial
camaraderie to the point that favors in the
office. Dignified conduct is best described as
future may be asked from a judge which he
conduct befitting men and women possessed
may find hard to resist. The actuation of a
of temperance and respect for the law and for
judge of eating and drinking in public places
others.
with a lawyer who has pending cases in his
Indeed, a judges personal behavior, not only sala may well arouse suspicion in the public
while in the performance of official duties, mind, thus tending to erode the trust of the
must be beyond reproach, being the visible litigants in the impartiality of the judge
personification of law and of justice [Re: [Padilla v. Zantua (1994)].
Anonymous Complaint Against Acua
(2005)].
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NOT PARTICIPATE IN CASES WHERE HE While judges are not expected to live a
MAY BE IMPARTIAL hermit-like existence or cease functioning as
citizens of the Republic, they should
Sec. 4. Judges shall not participate in the
remember that they do not disrobe
determination of a case in which any member
themselves of their judicial office upon
of their family represents a litigant or is
leaving their salas.
associated in any manner with the case.
In the exercise of their civil liberties, judges
should be circumspect and ever mindful that
This rule rests on the principle that no judge their continuing commitment to upholding
should preside in a case in which the judge is the judiciary and its values places upon them
not wholly free, disinterested, impartial and certain implied restraints to their freedom. A
independent. A judge has both the duty of judge was admonished for the appearance of
rendering a just decision and the duty of engaging in partisan politics when he
doing it in a manner completely free from participated in a political rally sponsored by
suspicion as to fairness and integrity. The one party, even though he only explained the
purpose is to preserve the peoples faith and mechanics of block voting to the audience
confidence in the courts of justice. [ABA [ABA (2007)].
(2007)].
The use of expletives [In Re Judge Acuna] and
display of unbecoming behavior through
sarcastic comments [Seludo v. Fineza] are
NOT ALLOW THE USE OF HIS RESIDENCE
frowned upon by the Court.
BY OTHER LAWYERS
Sec. 5. Judges shall not allow the use of their
residence by a member of the legal BE INFOMED OF HIS FINANCIAL INTERESTS
profession to receive clients of the latter or of Sec. 7. Judges shall inform themselves about
other members of the legal profession.
their personal fiduciary financial interests and
shall make reasonable efforts to be informed
about the financial interests of members of
It is grossly improper for a judge to meet with their family.
a litigant at his home and to frequent the
karaoke bar owned by such litigant, enjoying
the use thereof for free [J. King & Sons v. Under Sec. 7(a), RA 6713, public officials and
Hontanosas (2004)]. employees are prohibited from directly or
Fraternizing with litigants tarnishes the indirectly having any financial or material
appearance of impartiality. It is improper for interest in any transaction requiring the
a judge to meet privately with the accused approval of their office.
without the presence of the complainant [De The Code of Judicial Conduct mandates that
Guzman, Jr. v. Sison (2001)].
a judge shall refrain from financial and
business dealings that tend to reflect
adversely on the courts impartiality, interfere
FREEDOM OF EXPRESSION
with the proper performance of judicial
Sec. 6. Judges, like any other citizen, are activities, or increase involvement with
entitled to freedom of expression, belief, lawyers or persons likely to come before the
association and assembly, but in exercising court. A judge should so manage investments
such rights, they shall always conduct and other financial interests as to minimize
themselves in such a manner as to preserve the number of cases giving grounds for
the dignity of the judicial office and the disqualification [Catbagan v. Barte (2005)].
impartiality and independence of the
judiciary.
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official body concerned with matters and privileges of a judge. It also aims to
relating to the law, the legal system, the ensure that judges give their full time and
administration of justice or related attention to their judicial duties, prevent
matters; them from extending special favors to their
own private interests and assure the public of
(c) Engage in other activities if such
their impartiality in the performance of their
activities do not detract from the dignity
functions [Carual v. Brusola (1999)].
of the judicial office or otherwise
interfere with the performance of judicial
duties.
NOTARIAL WORK
General rule: Municipal judges may not
This Sec. should be read in conjunction with engage in notarial work.
Sec. 12, Article VIII, Constitution, which Exception: They may do so as notaries
prohibits members of the judiciary from being public ex-officio, in which case, they may only
designated to any agency performing quasi- notarize documents connected with the
judicial or administrative functions. exercise of their official functions. As such,
Thus, membership of a judge in a Provincial they may not undertake the preparation and
Committee on Justice, which discharges acknowledgement of private documents,
administrative functions, will be in violation contracts and other acts of conveyance,
of the Constitution. However, the Supreme which bear no relation to the performance of
Court stated that this does not mean that their functions as judges.
judges should adopt monastic insensibility or Exception to the exception: In far-flung
unbecoming indifference to such institutions municipalities which have neither lawyers nor
and that even as non-members, they should notaries public, municipal judges assigned to
render assistance to help promote the those municipalities or circuits may, in their
laudable purposes for which they exist when capacity as notaries public ex-officio, perform
such assistance may be reasonably incidental any act within the competence of a regular
to the fulfillment of their judicial duties [In Re: notary public, provided:
Designation of Judge Manzano (1988)].
(1) All notarial fees charged be for the
This Sec. allows the judge to participate in account of the Government and turned
legal academia and public discourse on legal over to the municipal treasurer; and
matters with the proviso that there shall be
no interference in the performance of the (2) A certification be made in the notarized
judges primary functions with respect to his documents attesting to the lack of any
or her jurisdiction. However, in dealing with lawyer or notary public in such
the media, the Philippine Judicial Academy municipality or circuit [Tabao v. Asis
suggests that a judge or court should avoid (1996)].
acrimonious debate with reporters and the
public, for a knee-jerk reaction from the court
or judge may only provoke negative follow-up FORMATION OF ASSOCIATIONS
reports and articles [ABA (2007)]. Sec. 12. Judges may form or join associations
of judges or participate in other organizations
representing the interests of judges.
PRACTICE OF PROFESSION
Sec. 11. Judges shall not practice law whilst This rule recognizes a difference between
the holder of judicial office. membership in associations of judges and
membership in associations of other legal
This prohibition is based on public policy professionals. While attendance at lavish
because the rights, duties, privileges and events hosted by lawyers might create an
functions of the office of an attorney-at-law appearance of impropriety, participation in
are inherently incompatible with the high judges-only organizations does not [ABA
official functions, duties, powers, discretion (2007)].
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differences in social status, degree of lead public to believe that cases before them
education, and even physical abilities are being prejudged [Castillo v. Juan (1975)].
To render substantial justice and maintain Unequal and disparate treatment in the
public confidence in the judicial system, courthouse, whether intentional or perceived,
judges are expected to be aware of the is unacceptable and can negatively impact
diversity in society that results from an the professional lives of attorneys and
increased worldwide exchange of people and employees, the assessment of claims of
ideas. Judges must be able to avoid the litigants, and the respect and credibility of
infiltration of preconceptions into their the justice system [ABA (2007)].
decisions. They should be mindful of the
various international instruments and treaties
ratified by the Philippines, which affirm the NOT TO INFLUENCE STAFF
equality of all human beings and establish a
Sec. 4. Judges shall not knowingly permit
norm of non-discrimination without
court staff or others subject to his or her
distinction as to race, sex, language or
influence, direction or control to differentiate
religion [ABA (2007)].
between persons concerned, in a matter
before the judge, on any irrelevant ground.
NOT TO MANIFEST BIAS OR PREJUDICE
Judges should organize their courts to ensure
Sec. 2. Judges shall not, in the performance the prompt and convenient dispatch of
of judicial duties, by words or conduct, business and should not tolerate misconduct
manifest bias or prejudice towards any by clerks, sheriffs and other assistants who
person or group on irrelevant grounds. are sometimes prone to expect favors or
special treatment due to their professional
In every litigation, perhaps much more so in relationship with the judge.
criminal cases, the manner and attitude of a
Court personnel shall not discriminate by
trial judge are crucial to everyone concerned,
dispensing special favors to anyone. They
the offended party, no less than the accused.
shall not allow kinship, rank, position or
It is not for him to indulge or even to give the favors from any party to influence their
appearance of catering to the at times human official acts or duties [Sec. 3, Canon 1, Code of
failing of yielding to first impressions. Conduct for Court Personnel].
He is to refrain from reaching hasty
conclusions or prejudging matters. It would
ATTITUDE TO PARTIES APPEARING IN
be deplorable if he lays himself open to the
COURT
suspicion of reacting to feelings rather than
to facts, of being imprisoned in the net of his Sec. 5. Judges shall require lawyers in
own sympathies and predilections. proceedings before the court to refrain from
manifesting, by words or conduct, bias or
Judges should avoid private remarks, hasty
prejudice based on irrelevant grounds, except
conclusions, or distasteful jokes that may give
such as are legally relevant to an issue in
even erroneous impressions of prejudice and
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When a judge accepts his position, he owes it Sec. 1, Rule 124 requires that justice be
to the dignity of the court, to the legal impartially administered without unnecessary
profession, and to the public, to know the delay. This principle permeates the whole
very law he is supposed to apply to a given system of judicature, and supports the
controversy. Even in the remaining years of legitimacy of the decrees of judicial tribunals
his stay in the judiciary he should keep [ABA (2007)].
abreast with the changes in the law and with
Prompt disposition of cases is attained
the latest decisions and precedents.
basically through the efficiency and
dedication to duty of judges. In a case, the
civil case was already submitted for
What is gross ignorance of the law? [Bar 1991,
resolution. Being an ejectment case, it is
Lex Pareto (2014)]
governed by the Rules of Summary Procedure
It is failure to follow basic legal commands which clearly sets a period of 30 days from
embodied in the law and the ROC from which the submission of the last affidavit or position
no one is excused, surely not a judge. (Fr. paper within which a decision must be issued.
Guillen v. Judge Canon, AM No. MTJ-01-1381 Despite this, Judge Regencia rendered
(2002)]. judgment only more than 2 years later. While
rules prescribing the time within which
certain acts must be done, should be
BE INFORMED ABOUT THE LAW regarded as mandatory, the Court has
nevertheless been mindful of the plight of
Sec. 4. Judges shall keep themselves
judges and has been understanding of
informed about the relevant developments
circumstances that may hinder them from
of international law, including international
promptly disposing of their businesses and,
conventions and other instruments
as such, has allowed extensions of time due
establishing human rights norms.
to justifiable reasons. However, Judge
Regencia failed to proffer any acceptable
reason in delaying the disposition of the
Subject to the conditions set forth in Sec. 2,
ejectment case, thus, making her
Article II and Sec. 21, Article VII, Constitution,
administratively liable for undue delay in
international law, both customary and
rendering a decision. [Gershon N. Dulang v.
conventional, are part of Philippine law.
Judge Mary Jocylen G. Regencia, MCTC,
The Supreme Court held that not only did Asturias-Balamban, Cebu, A.M. No. MTJ-14-
Judge Bitas deviate from the requirement of a 1841 (2014)].
hearing where there is an application for bail,
Every judge should decide cases with
he also granted bail to Miralles without
dispatch and should be careful, punctual,
neither conducting a hearing nor a motion for
and observant in the performance of his
application for bail. Judge Bitas acts are not
functions for delay in the disposition of cases
mere deficiency in prudence, discretion and
erodes the faith and confidence of our people
judgment on his part, but a patent disregard
in the judiciary, lowers its standards and
of well-known rules. When an error is so
brings it into disrepute. Failure to decide a
gross and patent, such error produces an
case within the reglementary period is not
inference of bad faith, making the judge
excusable and constitutes gross inefficiency
liable for gross ignorance of the law. [Jorda v
warranting the imposition of administrative
Bitas (2014)].
sanctions on the defaulting judge [In Re
Cases for Decisions Submited to Judge Baluma
(2013)].
PROMPT DECISION MAKING
Sec. 5. Judges shall perform all judicial
duties, including the delivery of reserved MAINTAIN ORDER IN PROCEEDINGS
decisions, efficiently, fairly, and with
Sec. 6. Judges shall maintain order and
reasonable promptness.
decorum in all proceedings before the court
and be patient, dignified, and courteous in
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On May 29, 2012, the Senate found Chief B. JUDGES OF THE LOWER COURTS
Justice Corona guilty under Article II of AND JUSTICES OF COURT OF APPEALS
the articles of impeachment for his failure AND SANDIGANBAYAN
to declare his true statem ents of
assets, liabilities and net worth. After
20 senators voted in favor of impeachment TENURE
under this ground, the Senate no longer
voted under Article III. Three senators voted The members of the Supreme Court and
to acquit Corona on that ground. judges of lower courts shall hold office during
a good behavior until they reach the age of
seventy years or become incapacitated to
QUANTUM OF EVIDENCE USED discharge the duties of their office.
An impeachment proceeding is sui generis; it
is neither purely political nor criminal. Thus, it DISCIPLINING BODY IS THE SC
does not require proof beyond reasonable
doubt. In the course of the impeachment trial, The Supreme Court en banc shall have the
the senator-judges expressed differing views. power to discipline judges of lower courts, or
Some argued that it requires clear and order their dismissal by a vote of majority of
convincing proof, while some argued that it the Members who actually took part in the
needs preponderance of evidence. deliberations on the issues in the case and
voted thereon [Sec. 11, Article VIII,
The Senate has traditionally left the choice of Constitution].
the applicable standard of proof to each
individual Senator [Black, Impeachment: A
Handbook (1974)]. General rule: A judge cannot be subjected
to liability civil, criminal, or administrative
for any his official acts, not matter how
IMPEACHMENT (ETHICAL ASPECTS) erroneous, as long as he acts in good faith
Former Chief Justice Corona was the first [Valdez v. Valera (1978)].
justice of the Supreme Court to be impeached Ratio: A judicial officer, in exercising the
and convicted. authority vested in him, shall be free to act
He was found guilty for culpable violation of upon his own convictions, without
the Constitution and/or betrayal of public apprehension of personal consequences to
trust for not correctly declaring his himself.
statements of assets, liabilities and net worth. This concept of judicial immunity rests upon
The prosecution alleged that he inaccurately consideration of public policy, its purpose
declared his peso and dollar deports, and real being to preserve the integrity and
estate properties. independence of the judiciary [Pabalan v.
Guevarra (1976)].
The defense argued that he did not declare
his dollar deposits and peso deposits because
of the banking secrecy and foreign currency HOW INSTITUTED
deposit laws. It was also said that some
undeclared assets are also co-mingled funds Proceedings for the discipline of judges of
that he does not own solely. regular and special courts and justices of the
Court of Appeals and the Sandiganbayan
may be instituted:
(1) Motu propio by the Supreme Court;
(2) Upon the verified complaint, supported
by affidavits of persons who have
personal knowledge of the facts alleged
therein or by documents which may
substantiate said allegations; or
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(4) Such other forms of breaches of (5) Conviction of a crime involving moral
conduct that have been traditionally turpitude;
recognized as grounds for the
(6) Willful failure to pay a just debt;
discipline of lawyers.
(7) Borrowing money or property from
The respondent is required to comment on
lawyers and litigants in a case pending
the complaint and show cause why he should
before the court;
not also be suspended, disbarred or
otherwise disciplinarily sanctioned as a (8) Immorality;
member of the bar. Judgment in both
(9) Gross ignorance of the law or procedure;
respects may be incorporated in one decision
or resolution. (10) Partisan political activities; and
(11) Alcoholism and/or vicious habits [Sec. 8,
Rule 140].
EFFECT OF WITHDRAWAL OR DESISTANCE
The word misconduct implies a wrongful
The actuations of a judge seriously affect the
intention and not a mere error or judgment.
public interest inasmuch as they involve the
For serious [or gross] misconduct to exist,
administration of justice. It is for this reason
there must be reliable evidence showing that
that a motion to withdraw a complaint will
the judicial acts complained of were corrupt
not justify the dismissal of the administrative
or inspired by an intention to violate the law,
case against the judge.
or were in persistent disregard of well-known
To condition administrative actions upon the legal rules [In re: Impeachment of Horrilleno
will of every complainant, who may, for one (1922)].
reason or another, condone a detestable act,
In the absence of bad faith, fraud, dishonesty,
is to strip the Supreme Court of its
or deliberate intent to do injustice, incorrect
supervisory power to discipline erring
rulings do not constitute misconduct and may
members of the judiciary [Anguluan v. Taguba
not give rise to a charge of gross ignorance of
(1979)].
the law [Cruz v. Iturralde (2003)].
Complainant's desistance is not an obstacle
Sanctions:
to the taking of disciplinary action against a
judge if the record reveals that he had not (1) Dismissal from the service, forfeiture of
performed his duties properly [Espayos v. Lee all or part of the benefits as the Court
(1979)]. may determine, and disqualification
from reinstatement or appointment to
any public office, including government-
C. GROUNDS AND SANCTIONS owned or controlled corporations.
Forfeiture of benefits does not include
accrued leave credits;
Administrative charges are classified as
serious, less serious, or light [Sec. 7, Rule (2) Suspension from office without salary
140] and other benefits for more than three
but not exceeding six months; or
SERIOUS CHARGES
(3) A fine of more than P20,000.00 but not
(1) Bribery, direct or indirect; exceeding P40,000.00; [Sec. 11, Rule
(2) Dishonesty and violations of the Anti- 140]
Graft and Corrupt Practices Law (RA
3019);
LESS SERIOUS CHARGES
(3) Gross misconduct constituting violations
of the Code of Judicial Conduct; (1) Undue delay in rendering a decision or
order, or in transmitting the records of a
(4) Knowingly rendering an unjust judgment case;
or order as determined by a competent
court in an appropriate proceeding; (2) Frequently and unjustified absences
without leave or habitual tardiness;
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(3) Unauthorized practice of law; account, thus converting the trust fund
to personal use [Barja v. Beracio (1976)];
(4) Violation of Supreme Court rules,
directives, and circulars; (3) Extorting money from a party-litigant
who has a pending case [Haw Tay v.
(5) Receiving additional or double
Singayao (1988)]:
compensation unless specifically
authorized by law; (4) Solicitation of donation for office
equipment [Lecaroz v. Garcia (1981)];
(6) Untruthful statements in the certificate
of service; and (5) Frequent unauthorized absences in
office [Municipal Council of Casiguruhan,
(7) Simple misconduct [Sec. 9, Rule 140]
Quezon v. Morales (1974)];
Sanctions:
(6) Delay in the disposition of cases in
(1) Suspension from office without salary violation of the canon that a judge must
and other benefits for not less than one promptly dispose of all matters
nor more than three months; or submitted to him [Balagot v. Opinion
(1991)];
(2) A fine of more than P10,000.00 but not
exceeding P20,000.00 [Sec. 11, Rule (7) Unduly granting repeated motions for
140]. postponement [Araza v. Reyes (1975)];
(8) Unawareness of or unfamiliarity with the
application of the Indeterminate
LIGHT CHARGES
Sentence Law and duration and
(1) Vulgar and unbecoming conduct; graduation of penalties [In re: Paulin
(2) Gambling in public; (1980)];
(3) Fraternizing with lawyers and litigants (9) Reducing to a ridiculous amount
with pending case/cases in his court; (P6,000.00) the bail bond of the
and accused murderer, enabling him to
escape the toils of the law [Soriano v.
(4) Undue delay in the submission of Mabbayad (1975)].
monthly reports.
(10) Imposing the penalty of subsidiary
Sanctions: imprisonment on a party for failure to
(1) A fine of not less than P1,000.00 but not pay civil indemnity in violation of RA
exceeding P10,000.00; and/or 5465 [Monsanto v. Palarca (1983)].
(2) Censure;
(3) Reprimand; GUIDELINES JUDICIAL CLEMENCY IN
ADMINISTRATIVE CASES [Sultan Ali v. Judge
(4) Admonition with warning. Pacalna, A.M. No. MTJ-03 1505 (2013)].
(1) There must be proof of remorse and
ILLUSTRATIVE CASES reformation. These shall include but
should not be limited to certifications or
The following have been subject to discipline testimonials of the officer(s) or chapter(s)
by the Supreme Court: of the Integrated Bar of the Philippines,
(1) Failure to deposit funds with the judges or judges associations and
municipal treasurer or produce them prominent members of the community
despite promise to do so [Montemayor v. with proven integrity and probity. A
Collado (1981)]; subsequent finding of guilt in an
administrative case for the same or
(2) Misappropriation of fiduciary funds (i.e., similar misconduct will give rise to a
proceeds of cash bail bond) by strong presumption of non-reformation;
depositing the check in a personal
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A. ADMINISTRATION OF JUSTICE
B. VOLUNTARY DISQUALIFICATION
Justice shall be impartially administered
Rule 137. Sec. 1., 2nd par. A judge may, in the without unnecessary delay [Sec. 1, Rule 135]
exercise of his sound discretion, disqualify
himself from sitting in a case, for just or valid Courts of justice shall always be open,
reasons other than those mentioned. except on legal holidays, for the:
(1) Filing of any pleadings, motion or other
REASON FOR THE RULE papers;
A judge must maintain and preserve the trust (2) Trial of cases;
and faith of the parties-litigants. He must (3) Hearing of motions; and
hold himself above reproach and suspicion.
At the very first sign of lack of faith and trust (4) For the issuance of orders or rendition
to his actions, whether well-grounded or not, of judgments.
the judge has no other alternative but inhibit
himself from the case.
B. PUBLICITY OF PROCEEDINGS
A judge may not be legally prohibited from
sitting in a litigation, but when circumstances
appear that will induce doubt to his honest General rule: The sitting of every court of
actuations and probity in favor of either party, justice shall be public.
or incite such state of mind, he should
conduct a careful self-examination. He Exception: Any court may, in its discretion,
should exercise his discretion in a way that exclude the public when the evidence to be
the people's faith in the courts of justice is not adduced is of such nature as to require their
impaired. The better course for the judge exclusion in the interest of morality or
under such circumstances is to disqualify decency [Sec. 2, Rule 135].
himself. That way, he avoids being
misunderstood, his reputation for probity and
objectivity is preserved [Bautista v. Rebueno C. PUBLICITY OF RECORDS
(1978)].
Intimacy or friendship between a judge and General rule: The records of every court of
an attorney of record of one of the parties to a justice shall be public records and shall be
suit is no ground for disqualification. That available for the inspection of any person:
one of the counsels in a case was a classmate
of the trial judge is not a legal ground for the (1) At all proper business hours;
disqualification of the said judge. (2) Under the supervision of the clerk having
To allow it would unnecessarily burden other custody of such records.
trial judges to whom the case would be Exception: The court may, in any special
transferred. But if the relationship between case, forbid publicity of records, in the
the judge and an attorney for a party is such interest of morality or decency [Sec. 2, Rule
that there would be a natural inclination to 135].
prejudice the case, the judge should be
disqualified in order to guaranty a fair trial
[Query of Executive Judge Estrada (1987)].
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G. TRIAL, HEARINGS AND OTHER ACTS He shall send the same by registered mail to
the clerk of the court where the case was
heard or argued to be filed therein as of the
All trial upon the merits shall be conducted in date when the same was received by the clerk,
open court and so far as convenient in a in the same manner as if he had been present
regular court room. in court to direct the filing of the judgment.
All other acts or proceedings may be done or If a case has been heard only in part, the
conducted by a judge in chambers, without Supreme Court, upon petition of any of the
the attendance of the clerk or other court parties to the case and the recommendation
officials [Sec. 7, Rule 135] of respective district judge, may also
authorize the judge who has partly heard the
case, if no other judge had heard the case in
H. INTERLOCUTORY ORDERS OUT OF part, to continue hearing and to decide said
PROVINCE case notwithstanding his transfer or
appointment to another court of equal
jurisdiction [Sec. 9, Rule 135]
When within the district but without the
province, a judge of Regional Trial Court shall
nevertheless have power to hear and
determine any interlocutory motion or issue
after due and reasonable notice to the parties.
The hearing may be had at any place in the
judicial district which the judge deems
convenient on the filing, in any RTC:
(1) Of a petition for the writ of habeas
corpus;
(2) For release upon bail or reduction of bail
[Sec. 8, Rule 135].