Professional Documents
Culture Documents
CA, 164
SCRA 160)
LEGAL ETHICS
The term legal ethics is the embodiment of all principles of the
morality and refinement that should govern the conduct of every member of
the bar.
The law profession is an indispensable component of the system that
dispenses justice. More so, it is a truism in our system of government that
Ours is a government of laws and not of men, this principle is one of the
manifestations of republicanism under which principle the Republic of the
Philippines operates, Sec.1 of Art. II of the 1987 Constitution provides inter
alia, thus: The Philippines is a democratic and republican state
The first and foremost duty of a lawyer is to maintain allegiance to the
republic of the Philippines, uphold the Constitution, and obey the laws of the
land. The Court in Lee v. Tambago, has stressed the role of lawyers in the
community, thus:
While the duty to uphold the Constitution and obey the laws is an obligation
imposed on every citizen, a lawyer assumes responsibilities well beyond the basic
requirements of good citizenship. As a servant of the law, a lawyer should moreover
make himself an example for others to emulate. Being a lawyer, he is supposed to
be a model in the community in so far as respect for the law is concerned.
Privileges of a lawyer
An attorney enjoys a number of privileges by reason of his office and in
the recognition of the vital role which he plays in the administration of justice.
A lawyer has the privilege and the right to practice law during good behavior
before any judicial, quasi-judicial or administrative tribunal. The court in
admitting him to practice, presents him to the public as worthy of its
confidence and as a person fit and proper to assume and discharge the
responsibilities of an attorney. As part of the judicial system, whose role as
an advocate and as officer of the court is necessary for the due administration
of justice, he has the privilege, as the first one to sit in judgment on every
case, to set the judicial machinery in motion. On him depends the proper
course of judicial direction in the administration of justice.
Practice of law
The term practice of law is incapable of exact definition. Weather a
particular activity comes within the meaning of the term, depends upon the
circumstances of the case. There are, however, general principles and
doctrines laid down by the Supreme Court explaining the meaning and scope
of what constitute the practice of law.
Statements of the concept of the practice of law.
1. The rendition of services requiring the knowledge and the application of
legal principles and technique to serve the interest of another with his
consent. It is not limited to appearing in court, or advising and assisting
in the conduct of litigation, but embraces the preparation of pleadings
and other papers incident to actions and special proceedings,
conveyancing, the preparation of legal instruments of all kinds, and the
giving of legal advice to clients.
It embraces all advice to clients and all actions taken for them in
matters connected with the law. (Cayetano v. Monsod, 201
SCRA 210, 213)
PROHIBITED ADVERTISEMENTS
1997 Bar:
Atty. B, C and D recently inaugurated their law partnership. Among the
invited guest were clients, business executives and government officials,
including a few member of the judiciary. Photographs were taken during
the inaugural affair which the law firm subsequently caused to be published
in major newspaper dailies. Was there anything ethically wrong in what the
partnership had done?
SUGGESTED ANSWER: Yes. There was solicitation by an indirect
advertisement for legal business which is unethical. There is no
other purpose for the publication other than to make known the
law firm to the public through the major newspaper dailies.
With the present situation of our legal and judicial system to
allow the publication of advertisements would only serve to
aggravate what is already a deteriorating public opinion of the legal
profession whose integrity has consistently been under attack
lately by media and the community in general.
ALTERNATIVE ANSWER: Yes. The act of causing photographs of the
inaugural affair published in major newspaper dailies violates the
following rules of the Code of Professional Responsibility.
Rule 2.03. A lawyer shall not do or permit to be done any act
designed to solicit legal business.
Rule 3.01. A lawyer shall not use or permit the use of any false,
fraudulent, misleading, deceptive, undignified, self-laudatory or
unfair statement of claim regarding his qualification or legal
services.
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2002 Bar:
A pictorial press release in a broadsheet newspaper made by the
attorney showing him being congratulated by the president of a client
corporation for winning a multi-million damage suit against the company in
the Supreme Court.
SUGGESTED ANSWER: Unethical. A lawyer should not resort to indirect
advertisements such as procuring his photograph to be published in a
newspaper in connection with a case he is handling.
Rule 3.04. A lawyer shall not pay or give anything of value to
representatives of the mass media in anticipation of, or return for,
publicity to attract legal business.
2003 Bar:
Attorney X, in his answer, averred that (1) the advertisement was not
improper because his name was not mentioned in the ad; and (2) he could
not be subjected to disciplinary action because there was no complaint against
him.
Rule on Attorney Xs contentions.
SUGGESTED ANSWER: The first contention is untenable. The fact that
Atty. Xs name was not mentioned does not make the advertisement
proper. The advertisement is palpably improper. The use of the word
competent would create expectations which Attorney X may not be
able to perform. The ad violates the ethical norms which prohibits
false and misleading advertisement.
A complaint is not necessary to initiate disciplinary action
against a lawyer. Being sui generis in nature a disciplinary action
against a lawyer may be initiated by the Supreme Court motu proprio.
Rule 139-B, sec 1: Proceedings for disbarment, suspension or discipline
of attorneys may be taken by the Supreme Court motu proprio, or by
the Integrated Bar of the Philippines (IBP) upon the verified
complaint of any person.
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2013 Bar:
As a new lawyer, Atty. Novato started with a practice limited to small
claims cases, legal counselling, and notarization of documents. He put up a
solo practice law office and was assisted by his wife who served as his
secretary/helper. He used a makeshift hut in a vacant lot near the local courts
and a local transport regulatory agency. With this strategic location, he
enjoyed heavy patronage assisting walk-in clients in the preparation and filling
of pleadings and in the preparation and notarization of contracts and
documents. He had the foresight of investing in a good heavy duty copier
machine that reproduces quality documents, and charges a reasonable fee for
this service. He draws electric power from an extension wire connected to an
adjoining small restaurant. He put up a shingle that reads: Atty. Novato,
Specialist in Small Claims, Fastest in Notarization: the Best and Cheapest in
Copier Services.
Is Attorney Novatos manner of carrying out his professional practice
mixing business with the practice of law, announcing his activities via shingle
and locating his office as above-described keeping with appropriate ethical
and professional practice?
SUGGESTED ANSWER: No. Atty. Novatos manner of carrying out his
professional practice is not in keeping with appropriate ethical and
professional practice. He has degraded the law profession which may
result to loss of respect for lawyers as a whole.
The use of a makeshift hut standing alone would create the
impression that the lawyer does not have a permanent address which
is required to be stated in all pleadings he signs as well as required to
be shown in documents he notarizes.
His shingle shows that he has considered the law profession as
a business. He should have a separate shingle for his copier services
business. When he included in his shingle the phrases Specialist in
Small Claims and Fastest in Notarization he has transgressed the
rule that a lawyer in making known his legal services shall use only
dignified information or statement of facts. (CPR, Canon 3). So also
the norm that a lawyer shall not use or permit the use of any
misleading, undignified, self-laudatory or unfair statement or claim
regarding his qualifications or legal services.
Canon 3: A lawyer in making known his legal services shall use only
true, honest, fair, dignified and objective information or statement of
facts.
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PROHIBITED SOLICITATION (BARRATRY)
Define Barratry:
The offense of frequently exciting and stirring up quarrels and suits, either at
law or otherwise.
The rules which penalizes barratry are the following:
Canon 1, rule 1.03 A lawyer shall not, for any corrupt motive or
interest, encourage any suit or proceeding or delay any mans cause.
Rule 1.04 A lawyer shall encourage his clients to avoid, end or settle
the controversy if it will admit of a fair settlement.
It is unprofessional for a lawyer to volunteer advice to bring lawsuits,
except in rare instances where ties of blood relationships or trust
makes it his duty to do so.
Problem:
Pedro brought from Juan a land which was leased to Diego. Pedro
wanted to secure the possession of the land employed the services of Atty. X.
Subsequently, X urged Juan to prosecute Pedro for estafa allegedly defrauding
Juan in the purchase of the land, and to file an action for rescission of the sale
on the ground of fraud. May Pedro initiate disbarment proceedings against
Atty.X? Give your reason.
SUGGESTED ANSWER: Yes Pedro may initiate disbarment proceedings
against Atty. X for violation of the Code of Professional responsibility.
In urging Juan to prosecute Pedro for estafa without prior
consultation by Juan, Atty. X has committed barratry, a violation of
his duties to society.
Canon 1, Rule 1.03 A lawyer shall not, for any corrupt motive or
interest, encourage any suit or proceeding or delay any mans cause.
Atty. Xs acts in urging Juan to prosecute his client Pedro
constitutes a violation of duty of confidentiality towards client. More
consultation constitutes a lawyer-client relationship. When Pedro
employed the services of Atty. X there was constitute a lawyer-
relation between them. Among the duties of Atty. X to Pedro, as his
client, is to preserve the confidence and secrets of his client even after
the attorney-client relation is terminated.
Canon 21 A lawyer shall presence the confidences and secrets of his
client even after the attorney-client relation is terminated.
It is logical to conclude that Atty. X might have obtained
information from Pedro from Pedro which now serves the basis for
urging Juan to sue Pedro for estafa.
Atty. X may also have violated rule against representation of
conflicting interest. It is apparent that Juans interest in the estafa
case would be diametrically opposed to that of Pedro.
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2013 Bar:
Miguel Jactar, a fourth year law student, drove his vehicle recklessly and
hit the rear bumper of Simplicio Medrosos vehicle. Instead of stopping, Jactar
accelerated and sped away. Medroso pursued Jactar and caught up with him
at an intersection. In their confrontation, Jactar dared Medroso to sue,
bragged about his connections with the courts, and even uttered veiled threats
against Medroso. During the police investigation that followed, Medroso
learned that Jactar was reviewing for the Bar examinations.
Under these facts, list and justify the potential objections that can be
made against Jactars admission to the practice of law.
Rule 138-A, sec 1 A law student who has successfully completed his
3rd year of the regular four-year prescribed law curriculum and is
enrolled in a recognized law schools clinical legal education program
approved by the Supreme Court, may appear without compensation in
any civil, criminal or administrative case before any trial court, tribunal,
board or officer, to represent indigent clients accepted by the legal clinic
of the law school.
Answer:
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2013Bar:
Limot testified during the trial that he had mailed the notice of the loss to the
insurance agent, but admitted that he lost the registry receipt so that he did
not have any documentary evidence of the fact of mailing and of the timeliness
of the mailed notice. Dormir Insurance denied liability, contending that timely
notice had not been given either to the company or its agent. Atty. Bravos
client, agent Negar, testified and confirmed that he never received any notice.
A few days after Negar testified, he admitted to Atty. Bravo that he had lied
when he denied receipt of Limots notice; he did receive the notice by mail but
immediately shredded it to defeat Limots claim.
If you were Atty. Bravo, what would you do in light of your clients (Carlos
Negars) disclosure that he perjured himself when he testified? (8%)
SUGGESTED ANSWER:
Rule 19.02 A lawyer who has received information that his client
has, in the course of the representation, perpetuated a fraud upon a
person or tribunal, shall promptly call upon the client to rectify the
same, and failing which he shall terminate the relationship with such
client in accordance with the Rules of Court.
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Both cases are assigned to Judge Elrey. Although not the sole issue in the two
cases, the statute of limitations issue is critical in both.
SUGGESTED ANSWER:
The signatures of Atty. Doblar on the pleadings for Eva and for Marla
constitute a certificate by him that he has read the pleadings; that to
the best of his knowledge, information, and belief, there is good
ground to support them; and that the pleadings were not interposed
for delay (Rules of Court, Rule 7, Sec. 3, par. 2). Atty. Doblar could not
claim he has complied with the foregoing requirement because he
could not take a stand for Eva that is contrary to that taken for Marla.
His theory for Eva clearly contradicts his theory for Marla. He has
violated his professional responsibility mandated under the Rules of
Court.
Any means not honorable, fair, and honest, which is resorted to by the
lawyer, even in the pursuit of his devotion to his clients cause, is
condemnable and unethical (Ibid.).
2014Bar:
A) If an attorney has been granted by his client full authority to enter into an
amicable settlement with the other party, may the client later on refuse to
honor the amicable settlement forged by this attorney? Explain.
(B) In such instance as in (A) above, can the lawyer withdraw from the
case and collect in full his contracted attorneys fees? Why or why not?
SUGGESTED ANSWER:
(A) The client cannot refuse to honor the amicable settlement. Since
the lawyer is clothed with the proper authority, the amicable
settlement is in the form of compromise agreement which is
immediately executory under the New Civil Code. The client is now
estopped from denying the authority of his lawyer.
(B) Under Section 26, Rule 138 of the Rules of Court, the
lawyer can withdraw from the case and collect in full his contracted
attorney's fee since his duty to his client has already concluded with
the execution of the amicable settlement.
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(A) Can a lawyer who lacks the number of units required by the
Mandatory Continuing Legal Education (MCLE) Board continue to practice
his profession?
(B) May a lawyer be held liable for damages by his clients for the
lawyers failure to file the necessary pleadings to prosecute the clients
case and as a result of which the client suffered damages?
(C) Can a lawyer still practice his profession despite having arrears in
his Integrated Bar of the Philippines (IBP) dues?
SUGGESTED ANSWER:
Canon 19 A lawyer shall represent his client with zeal within the
bounds of the law.
Canon 18 A lawyer shall serve his client with competence and
diligence.
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2014 Bar:
(A) May a client hire additional counsel as collaborating counsel over
and above the objection of the original counsel?
(B) If the client insists, may the original counsel withdraw from the
case, and how?
SUGGESTED ANSWER:
(A) a client may hire additional counsel as collaborating
counsel because it is his (client) prerogative.
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2014 Bar:
SUGGESTED ANSWER:
D can exercise the remedy of retaining lien over the documents
and other pieces of evidence which have lawfully come to his
possession, under Sec. 37, Rule 138 of the Revised Rules of Court. The
payment of attorney's fee is based on the services rendered and not
dependent on the success or failure of the case.
Rule 138, sec. 37 An attorney shall have a lien upon the funds and
documents and papers of his client which have lawfully come into his
possession and may retain the same until his lawful fees and
disbursements have been paid, and may apply such funds to the
satisfaction thereof. He shall also have a lien to the same extent upon
all judgments for the payment of money, and executions issued in
pursuance of such judgments, which he has secured in litigation of his
client, from and after the time and he shall have caused the statement
of his claim of such lien to be entered upon the records of the court
rendering such judgment, or issuing such execution, and shall have
caused written notice thereof to be delivered to his client and to the
adverse party; and he shall have the same right and power over such
judgments and executions as his client would have to enforce his lien
and secure the payment of his just fees and disbursements.
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Grounds for Disbarment or Suspension of a Lawyer
Deceit
Cham vs. Atty. Edilberto D. Pizarro
For a lawyer to be dealt with by the Supreme Court, the transaction entered
into need not be in the performance of professional services. It can be in his
private capacity.
Case references:
Malpractice
Nakpil vs. Atty. Carlos J. Valdes March 4, 1998
A lawyer violated the trust and confidence of the client when he represented
conflicting interest. He represented the creditors when his accounting firm
prepared and computed the claims of the creditors while his law firm
represented the estate.
Case references:
Conflict of interest
A lawyer has to disclose to his client all the circumstances of his relations to
the parties in connection with the controversy which might influence the
client in the selection of counsel.
The prohibition applies however slight such adverse interest may be (Nakpil
vs. Valdes, 286 SCRA 758).
The wife complained that her husband was a philanderer, having illicit
relationship with two women. He was disbarred. A lawyer must demonstrate
that he or she has good moral character and should behave in accordance
with the standards.
Case references:
St. Louis Univ. Laboratory High School Faculty & Staff vs. Atty. Dela
Cruz, A.C. No. 6010, August 28, 2006
A lawyer got married again after his failed marriage. He never absconded his
obligations to his first wife and child. After the annulment of his second
marriage, he remained celibate. He was humble enough to offer no defense
save for his lone and declaration of his commitment to his wife and child.
(Conjuangco vs. Palma, 438 SCRA 306; 462 SCRA 310 [2005]).
Zaguirre vs. Castillo 398 SCRA 658 [2003] 465 SCRA [2005]
Case references:
Barrios vs. Atty. Francisco Martinez, A.C. No. 4885, November 12,
2004
b. Almendrez vs. Atty. Minervo Langit, A.C. No. 7057, July 25,
2006
A lawyer was suspended for having appropriated the rental deposits for his
client in an ejectment suit.
A lawyer who was suspended from the practice of law abroad may likewise
be sanctioned in the Philippines for infraction he committed abroad. (Velez
vs. De Vera, A.C. No. 6697, July 25, 2006).
a. Porac Trucking Corp. vs. CA, 202 SCRA 674; Garrido vs.
Quisumbing, 28 SCRA 614
A lawyer was suspended from the practice of law in appearing for a party
defendant without authority.
JUDICIAL ETHICS
Under the 1987 Constitution the Supreme Court of the Philippines has
the administrative supervision over all courts and personnel thereof (see Art.
VIII, Sec. 6, 1987 Constitution). The word personnel stipulated in the
Constitution necessarily includes the judges manning the different courts.
The Supreme Court en banc has the power to discipline judges of the lower
courts, or order their dismissal by a vote of majority of the members of the
Supreme Court who actually took part in the deliberations on the issues in the
case and voted thereon.
Judicial ethics is a Branch of moral science which treats of the right
and proper conduct to be observed by all judges and magistrates in trying and
deciding controversies brought to them for adjudication which conduct must
be demonstrative of impartiality, integrity, competence, independence and
freedom from improprieties.
The Code of Judicial Conduct mandates judges to administer justice
without delay and directs every judge to dispose of the courts business
promptly within the period prescribed by the law and the rules Delay
ultimately affects the image of the judiciary. Failure to comply with the
mandate of the Constitution and of the Code of Judicial Conduct constitutes
serious misconduct, which is detrimental to the honor and integrity of a judicial
office. Inability to decide a case despite the ample time prescribed is
inexcusable, constitutes gross inefficiency, and warrants administrative
sanction of the defaulting judge. [Salud v. Alumbres, (2003)]
Judicial independence:
1. Importance of judicial independence. Judicial independence is a pre-
requisite to the Rule of Law and the fundamental guarantee of fair trial.
2. Duty of a judge relative to the judicial independence. A judge shall,
therefore, uphold and exemplify judicial independence in both its
individual and institution aspects.
3. Exercise of independence, in general. Judges shall exercise the judicial
function independently on the basis of their assessment of the facts and
in accordance with a conscientious understanding of the law, free of any
extraneous influence, induce, pressure threat or interference, direct or
indirect, from any quarter or for any reason.
4. Not to allow public opinion to impair his independence. A disciplinary
penalty was imposed against a judge who issued a warrant of arrest and
fixed the bail of the accused without first conducting a hearing. The
judge acted under the pressure of a rally staged by the complainant and
sympathizers. The Supreme Court ruled that the pressure of a rally
demanding the issuance of a warrant of arrest against the accused is
not a sufficient excuse for the unjustified haste in respondent judges
act of fixing the bail without hearing. (Libarios v. Dabalos, 6 A.M. No.
RTJ-89-286, July 11, 1991, 199 SCRA 48).
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1979 Bar:
A presiding Judge in branch XX of the Regional Trial Court of Manila is
in the habit of calling his Brach Clerk of Court to find out before ascending the
rostrum if there is any Congressman or Senator present in his sala. And if
there is, he makes it a point to invite first the Congressman or Senator to his
Chamber for a chat. After he is through, he then ascends the rostrum and
then opens the session. Has the Judge violated the New Code of Judicial
Conduct in his actuations?
SUGGESTED ANSWER:
The behavior and conduct of judge under the premises has not
reaffirmed the peoples faith in the integrity of the judiciary thereby
violating the New Code of Judicial Conduct.
By inviting the legislator to his chamber for a chat, the judge has
appeared a reasonable observer that he has inappropriate
connections with and influence by the legislative branch of the
government (NCJC, Canon 1, sec. 5). Likewise, he has permitted the
legislator to convey the impression that he is in a special position to
influence the judge. So also, in giving special attention to the
legislator, he conveyed the impression that anyone is in a special
position improperly to influence him in the performance of judicial
duties. (NCJC, Canon 4, sec.8)
Granting arguendo that his act of entertaining the legislator in
his chamber is not improper, it certainly creates the appearance of
impropriety. Finally, the actuations of the judge has not ensured that
his conduct has maintained and enhanced the confidence of the
public, the legal profession and litigants in the impartiality of the
judge and the judiciary. (NCJC, Canon 3, sec. 2)
SUGGESTED ANSWER: Judge Cerdo and Atty. Cocodrilo did not commit
any act of impropriety nor did they violate any law.
There is no showing on the problem that they purchased their
respective units for less than full and adequate consideration.
Furthermore, the condominium unit is not property in litigation
because the case decided by Judge Cerdo and defended by Atty.
Cocodilo has nothing to do with the ownership of said property. Thus,
the property is not among those prohibited under the Civil Code to be
acquired by judges and lawyers to acquire.
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2014 Bar:
Judge A has an illicit relationship with B, his Branch Clerk of Court. C,
the wife of Judge A, discovered the illicit affair and consulted a lawyer
to vindicate her violated marital rights. If you were that lawyer, what
would you advice C, and if she agrees and asks you to proceed to take
action, what is the legal procedure that you should follow? Discuss fully.
(4%)
SUGGESTED ANSWER:
File a case of immorality against Judge A and the clerk of court
for violation or Rule 1.01, CPR; impropriety under Canon 4 of the New
Code of Judicial Conduct against Judge A; and invoke the automatic
conversion of the administrative case against Judge A and the clerk
of court as members of the bar under A.M. No. 02-9-02-SC, with the
Office of the Court Administrator. Complaint for disbarment against
Judge A and the clerk of court may also be filed. (This is without
prejudice to the filing of criminal and civil cases).
SUGGESTED ANSWER:
Justice B's refusal to recuse is not proper. After hearing the
evidence during the trial when he was still a judge, he has personal
knowledge of the disputed evidentiary facts concerning the
proceedings. The standard under the New Code of Judicial Conduct on
the inability of Justice B to decide the matter impartially is not in him
but the appearance of the disqualification of Justice D to a reasonable
observer that he is unable to decide the matter impartially. The
conduct of a judge/justice should not only be above reproach but it
should be also perceived to be so in the view of a reasonable observer
(Canon 2, Integrity, New Code of Judicial Conduct).
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2014 Bar:
After the pre-trial of a civil case for replevin, Judge D advised Bs counsel to
settle the case because according to Judge D, his initial assessment of the
case shows that Bs evidence is weak. (4%)
SUGGESTED ANSWER:
(A) Yes, Judge D violated Canon 3, Impartiality, New Code of
Judicial Conduct for the Philippine Judiciary. He should not make
any comment that might reasonably be expected the effect the
outcome of the proceedings or impair the manifest fairness of the
process.
(B) B's lawyer can file a motion for the disqualification of the
judge under Canon 3 for bias or prejudice based on the appearance of
the comment to a reasonable observer. A pre-trial is not yet the
complete and exhaustive presentation of evidence of the parties.
Canon 3 Impartiality is essential to the proper discharge of the
judicial office. It applies not only to the decision itself but also to the
process by which the decision is made.
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2014 Bar:
A judge who insults counsel and shouts invectives at a litigant is guilty
of:
The judge is guilty of serious misconduct. Under Canon 4, New
Code of Judicial Conduct for the Philippine Judiciary, a judge shall
avoid impropriety and the appearance of impropriety in all his
activities. In the problem, the judge (in his capacity as such) insults
a counsel and shouts invectives at a litigant (not as individuals).
Canon 4 Propriety and the appearance of impropriety are essential
to the performance of all activities of a judge.
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2014 Bar:
Judge A accepted a gift consisting of assorted canned goods other
grocery items from his compadre whose friend has a pending case with
him. He accepted the gift just so as not to embarrass his compadre.
When his compadre left his chambers, he asked his secretary to donate
the gift he received to the victims of Typhoon Yolanda. Did the judge
cross the ethical line? Explain your answer. (5%)
SUGGESTED ANSWER:
Judge A crossed the ethical line. He violated the canon of
Propriety. As a subject of public scrutiny, judges must accept personal
restrictions that might be viewed as burdensome by ordinary citizens
and should do so freely and voluntarily. (Section1, Canon 4, New Code
of Judicial Conduct for the Philippine Judiciary).
SUGGESTED ANSWER:
Judge H can suspend Atty. D for gross misconduct under
Sections 27 and 28, Rule 138 of the Rules of Court. Judge H, however,
cannot disbar Atty. D because it is only the Supreme Court who can
impose such penalty in accordance with its authority under Section
27, Rule 138 of the Rules of Court and the authority of the Supreme
Court to discipline lawyers under the 1987 Constitution.
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Integrity
Importance of Integrity
Integrity is essential not only to the proper discharge of the judicial
office, but also to the personal demeanor of judges.
The Supreme Court has time and again stressed that the members of
the judiciary should display not only to the highest integrity but must at all
times conduct themselves in such manner as to be beyond reproach and
suspicion. (Cabrera v. Pajares, 142 SCRA 135).
1999 Bar:
X, a Municipal Trial Court judge, received the amount of One Thousand
Pesos (1,000.00) in cash from the accused charged with slight physical injuries
in his court, whereupon he was released from custody. After dismissal of the
case against him, the accused sought to withdraw the amount he had
deposited as bail. It was not at once returned to the accused because
according to the Judge, it was stolen from the drawer of his table where he
kept it after receipt. Nonetheless, the amount was returned to the accused.
Is the judge guilty of misconduct for which he may be disciplined?
SUGGESTED ANSWER:
Yes. The Judge is guilty of misconduct and may be disciplined.
Integrity is essential not only to the proper discharge of the judicial
office but also to the personal demeanor of judges. The judges
conduct shall ensure that not only is their conduct above reproach,
but that it is perceived to be so in the view of a reasonable observer.
The behavior and conduct of judges must reaffirm the peoples faith
in the integrity of the judiciary. By keeping the money in his drawer
instead of depositing it with the municipal treasurer as required by
law coupled with judges failure to return it at once after the acquittal
of the accused creates the suspicion that he intends or has
misappropriated the money.
Judges shall avoid impropriety and the appearance of impropriety in
all of their activities (NCJC, Sec. 1)
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Impartiality:
Importance of Impartiality. Impartiality is essential to the proper discharge of
the judicial office. It applies not only to the decision itself, but also to the
process by which the decision is made.
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1997 Bar:
As the guest speaker in a Rotary Club weekly luncheon meeting, Judge
P was asked during the open forum what might his personal opinion be on
PIRMAs move to initiate a peoples initiative to amend the constitution. He
expressed the view that PIRMAs crusade should be allowed because it would
be in consonance with the declaration in the Constitution that sovereignty
resides in the people and all government authority emanates from the. He
likewise enjoined the members to support PIRMA. An administrative complaint
was filed against him by a club member, a staunch oppositor to the PIRMA
petition before the COMELEC, alleging that the judges public statement had
constituted conduct unbecoming a judge. Judge Ps answer to the complaint
was that membership in the judiciary did not deprive him of his right to free
speech, that he was entitled to express his views even his political issues, and
that any issue regarding resolution on PIRMA was outside the jurisdiction of
Regional Trial Courts. Was there a breach of the Code of Judicial Conduct by
judge P?
SUGGESTED ANSWER:
Yes, there is a breach.
Judges, like any other citizen, are entitled to freedom of expression,
belief, association and assembly, but in exercising such rights, they
shall always conduct themselves in such a manner as to preserve the
dignity of the judicial office and the impartiality and independence of
the judiciary. (NCJC, Canon 4, sec. 6)
Judge P would not be promoting impartiality because he is
making a comment regarding the validity of PIRMA, an issue that
might be brought before his court. In turn, his comment might
reasonably be expected to affect the outcome of preceding or impair
the manifest fairness of the process. Likewise, he is prohibited from
making any comment in public or otherwise that might affect the fair
trial of any issue. (Canon 3, sec. 4)
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2014 Bar:
Judge Clint Braso is hearing a case between Mr. Timothy and
Khristopher Company, a company where his wife used to work as one
of its Junior Executives for several years. Doubting the impartiality of
the Judge, Mr. Timothy filed a motion to inhibit Judge Clint Braso. Judge
Clint Braso refused on the ground that his wife has long resigned from
the company. Decide.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
(A) Yes, Judge D violated Canon 3, Impartiality, New Code of
Judicial Conduct for the Philippine Judiciary. He should not make any
comment that might reasonably be expected the effect the outcome
of the proceedings or impair the manifest fairness of the process.
(B) B's lawyer can file a motion for the disqualification of the
judge under Canon 3 for bias or prejudice based on the appearance
of the comment to a reasonable observer. A pre-trial is not yet the
complete and exhaustive presentation of evidence of the parties.
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