Legal & Judicial Ethics (EH 307) Atty.

Lood
Date: January 31, 2017
CANON 15 - Duty of Candor, Fairness and Loyalty to the
Client
Rule 15.01 Duty to ascertain conflict of interest
Rule 15 . 02 Duty to preserve privileged
communication
Rule 15.03 Duty not to represent conflicting interests
Rule 15.04 Duty to act as mediator, conciliator or
arbitrator
Rule 15.05 Duty to give candid, honest advice
Rule 15.06 Duty not to claim influence
Rule 15.07 Duty to impress compliance with laws
Rule 15.08 Duty in case of dual profession
Rationale: It is the lawyers prime duty to see to it that
justice is accorded to all without discrimination.
CANON 15 - Duty of Candor, Fairness and Loyalty
to the Client
This canon is based on the character of the attorney-
client relationship which is strictly personal and highly
confidential and fiduciary. Only in such a relationship
can a person be encouraged to repose confidence in an
attorney
The canon therefore is required by necessity and public
interest and is based on the hypothesis that abstinence
from seeking legal advice in a good cause is an evil
which is fatal to the administration of justice.
Rule 15.01 Duty to ascertain conflict of interest
Conflict search it is examining the causes of action
between the prospective client and the lawyers
current clients.
Purpose: By conducting a conflict search, the lawyer will
be able to determine, in the first instance, if he is
barred from accepting the representation through
conflicts with his present clients or the lawyers own
interest.
Three test to determine the existence of conflicting
interests
1. Conflicting Duties When, on behalf of one client, it is
the attorneys duty to contest for that which his duty
to another client requires him to oppose or when
possibility of such situation will develop
2. Invitation of Suspicion Whether the acceptance of
the new relation will prevent a
(SandeeSuan) Success isnt about
being the best.
Its about always
getting better.
lawyer from the full discharge of his duty of
undivided fidelity and loyalty to his client or will
invite suspicion of unfaithfulness or double-dealing in
the performance thereof.
3. Use of Prior Knowledge Obtained Whether a lawyer
will be called upon in his new relation to use against
the first client any knowledge acquired in the
previous employment.
Types of Conflict of Interest
1. Concurrent or Multiple Representations generally
occurs when a lawyer represents clients whose
objectives are adverse to each other, no matter how
slight or remote such adverse interest may be.
2. Sequential or Successive Representation involves
representation by a law firm of a present client who
may have an interest adverse to a prior or former
client of the firm.
NOTE: What is material in determining whether there is a
conflict of interest in the representation is probability,
not certainty of conflict.
Good faith is not a defense
Tests for concurrent or multiple representations:
a. Whether a lawyer is duty-bound to fight for an issue
or claim in behalf of one client and, at the same
time, to oppose that claim for the other client;
b. Whether the acceptance of a new relation would
prevent the full discharge of the lawyers duty of
undivided fidelity or loyalty to the client;
c. Whether the acceptance of new relation would invite
suspicion of unfaithfulness or double-dealing in the
performance of the lawyers duty of undivided
fidelity and loyalty; and
d. Whether, in the acceptance of a new relation, the
lawyer would be called upon to use against a client
confidential information acquired through their
connection.
Illustration: Existence of Conflict of Interest
1) A v. B (A and B are present clients)
2) C v. D E v. D (C is the present client and D is not a
present client in the same case but is a client in
another case)
3) F v. G H v. G (F is the present client and G was a
former client and the cases are related)
4) I v. J K v. J (I is the present client and J was a
former of client in a case that is unrelated)
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Legal & Judicial Ethics (EH 307) Atty. Lood
Instances of Conflict of Interests
A corporate lawyer cannot join a labor union of
employees in that corporation
A lawyer of an insurance corporation who investigated
an accident cannot represent the complaint/injured
person
As a receiver of a corporation, he cannot represent the
creditor;
As a representative of the obligor, he cannot represent
the obligee; and
As a lawyer representing a party in a compromise
agreement, he cannot, subsequently, be a lawyer
representing another client who seeks to nullify the
agreement.
Rule 15.02 Duty to Preserve Privileged
Communication
Two-fold Purpose of the Rule:
1. To encourage a client to make a full disclosure of the
facts of the case to his counsel without fear
2. To allow the lawyer freedom to obtain full information
from his client.
Requisites of the Privileged Communication
1. There is attorney-client relationship or a kind of
consultancy requirement with a prospective client;
2. The communication was made by the client to the
lawyer in the course of the lawyers professional
employment;
3. The communication must be intended to be
confidential.
Parties entitled to invoke the privilege
1. The client, who is primarily intended to be protected
by the privilege.
2. The lawyer himself or the clients employee may claim
the privilege in the absence of any waiver on the part
of the client
3. The attorneys secretary, stenographer, or clerk, who
acquired confidential information in such capacity,
save only when the client and the attorney jointly
consent thereto.
Duration of the Privilege
It continues to exist even after the termination of the
attorney-client relationship. It outlasts the lawyers
engagement. It ceases only when waived by the client
himself or after his death, by his heir or legal
representative.
(SandeeSuan) Success isnt about
being the best.
Its about always
getting better.
Burden of Proof
The party who avers that the communication is
privileged has the burden of proof to establish the
existence of the privilege unless from the face of the
document itself, it clearly appears that it is privileged.
The mere allegation that the matter is privileged is not
sufficient.
Exceptions to the Prohibition
1. When there is consent or waiver of client
2. When the law requires disclosure
3. When the disclosure is made to protect the lawyers
rights, i.e., to collect his fees or defend himself, his
employees or associates or by judicial action
4. When such communications are made in
contemplation of a crime or the perpetuation of a
fraud
Basic Limitations of the Privileged Communication
The communication or the physical object must have
been transmitted to the counsel by the client for the
purpose of seeking legal advice.
The privilege is limited or has reference only to
communications which are within the ambit of lawful
employment and does not extend to those transmitted
in contemplation of future crimes or frauds.
If the client seeks his lawyers advice with respect to a
crime that has already been committed, the privilege
applies. However, the privilege does not attach with
respect to communications pertaining to a crime the
client is intending to commit in the future and for
purpose of which he seeks the lawyers advice.
Rule 15.03 Duty not to represent conflicting
interests
Rationale: To bar the dishonest practitioner from
fraudulent conduct and to prevent the honest
practitioner from putting himself in a position where he
may be required to choose between conflicting duties.
An attorney owes to his client undivided allegiance. He
cannot, without the free and intelligent consent of his
client, act both for his client and for one whose interest
is adverse to, or conflicting with that of, his client. The
consent of the client must be given after full knowledge
of all the facts and circumstances.
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Legal & Judicial Ethics (EH 307) Atty. Lood
Unauthorized act of representing conflicting interests is a
criminal offense penalized under Article 209 of the
Revised Penal Code on Betrayal of trust by an attorney or
solicitor Revelation of secrets.
Rule 15.04 Duty to act as mediator, conciliator or
arbitrator
Consent in writing is required to prevent future
controversy on the authority of the lawyer to act as
such
An attorneys knowledge of the law and his reputation
for fidelity may make it easy for the disputants to settle
their differences amicably. However, he shall not act as
counsel for any of them.
Rule 15.05 Duty to give candid, honest advice
A lawyer is bound to give candid and honest opinion on
the merit or lack of merit of clients case, neither
overstating nor understating the prospect of the case.
He should also give an honest opinion as to the
probable results of the case, with the end in view of
promoting respect for the law and the legal processes.
Rule 15.06 Duty not to claim influence
This rule is known as influence peddling. Some
prospective clients secure the services of a particular
lawyer or law firm precisely because he can exert a lot
of influence on a judge and some lawyers exact big
fees for such influence.
It is improper for a lawyer to show in any way that he
has connections and can influence any tribunal or
public official, judges, prosecutors, congressmen and
others, especially so if the purpose is to enhance his
legal standing and to entrench the confidence of the
client that his case or cases are assured of victory.
Rule 15.07 Duty to impress compliance with laws
The lawyer must impress upon his clients that everybody
must respect the laws and observe the principles of
fairness in their dealings as aptly enunciated under Art.
19 of the Civil Code which provides that every person
must, in the exercise of his rights and in the
performance of his duties, act with justice, give
everyone his due and observe honesty and good faith.
(SandeeSuan) Success isnt about
being the best.
Its about always
getting better.
A lawyer is required to represent his client within the
bounds of the law. The CPR enjoins him to justice, give
everyone his due, and observe honesty and good faith
employ only fair and honest means to attain the lawful
objectives of his client and warns him not to allow his
client to dictate procedure in handling the case.
A lawyer should comply with the clients lawful requests.
But he should resist and should never follow any
unlawful instructions. In matters of law, it is the client
who should yield to the lawyer and not the other way
around.
Rule 15.08 Duty in case of dual profession
Rationale: Intended to avoid confusion; it is for the
benefit of both the client and the lawyer.
Exercise of dual profession is not prohibit but a lawyer
must make it clear when he is acting as a lawyer and
when he is otherwise, especially in occupations related
to the practice of law. Reason certain ethical
considerations may be operative in one profession and
not in the other.
Note:
1. Whether or not the cases are related
2. Whether or not there is actual conflict of interest
3. Good faith is not a defense; may mitigate but not
absolve
CANON 16 - Duty to be a trustee of clients money and
property
Rule 16.01 Duty to account for all money or property
collected or received
Rule 16.02 Duty to keep clients funds separate
Rule 16.03 Duty to deliver the funds and property;
attorneys lien
Rule 16.04 Duty not to borrow from nor lend money
to client
CANON 16 - Duty to be a trustee of clients money and
property
Art. 1491 Civil Code. The following persons cannot acquire
by purchase, even at a public or judicial auction, either in
person or through the mediation of another:
(5) Justices, judges, prosecuting attorneys, clerks of
superior and inferior courts, and other officers
and employees connected
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Legal & Judicial Ethics (EH 307) Atty. Lood
 with the administration of justice, the property
and rights in litigation or levied upon an
execution before the court within whose
jurisdiction or territory they exercise their
respective functions; this prohibition includes
the act of acquiring by assignment and shall
apply to lawyers, with respect to the property
and rights which may be the object of any
litigation in which they may take part by virtue of
their profession;
Elements of Prohibition Against the Purchase of
Property in Litigation under Art. 1491 of the Civil
Code
1. There is an attorney-client relationship
2. The property is in litigation
3. The attorney takes part as counsel in the case; and
4. The attorney, by himself, or through an agent,
purchases such property during the tendency of the
said case
Effects of Prohibited Purchase
1. A prohibited purchase is null and void ab initio; public
interest and public policy dictate that its nullity is
definite and permanent and cannot be cured by
ratification. The lawyer will be deemed to hold the
property in trust for the client.
2. The client is therefore entitled to recover property and
interest from his attorney with the fruits. The client
should, however, return the purchase price and the
legal interests.
3. Malpractice on the part of the lawyer and the lawyer
nay be disciplined for misconduct.
Rule 16.01 Duty to account for all money or
property collected or received
A lawyer must be scrupulously careful in handling money
entrusted to him in his professional capacity, because
of the high degree of fidelity and good faith expected
on his part. (Medina v. Bautista, A.C. No. 190,
September 1964)
A lawyer, under his oath, pledges himself not to delay
any man for money or malice and is bound to conduct
himself with all good fidelity to his clients. He is
obligated to report promptly the money of his clients
that he has come into his possession (otherwise a
violation of Sec. 25, Rule 138 of ROC). He should no
commingle it without his clients consent. He should
maintain a reputation for honesty and fidelity to
private trust.
(SandeeSuan) Success isnt about
being the best.
Rule 16.02 Duty to keep clients funds separate
A lawyer should keep funds of each client separate and
apart from his own. He should not use clients money
for personal purposes without clients consent. He
should report promptly the money of his client in his
possession.
Failure of the lawyer to account all the funds and
property of his client which may come into his
possession would amount to misappropriation which
may subject him to disbarment on the ground of grave
misconduct or a criminal prosecution for estafa under
Art. 315, par. 1(b) of the RPC.
Rule 16.03 Duty to deliver the funds and
property; attorneys lien
A lawyer who obtained possession of the funds and
properties belonging to his client in the course of his
professional employment shall deliver the same to his
client when (a) they become due, or
(b) upon demand.
The lawyers failure to deliver upon demand gives
r i s e t o t h e p re s u m p t i o n t h a t h e h a s
misappropriated the funds for his own use to the
prejudice of the client and in violation of the trust
reposed in him.
This rule grants the lawyer a lien over the clients funds in
his possession as well as on all judgments
and executions he has secured for his client, to
satisfy his lawful fees and disbursements.
Note: While this rule provides that the lawyer has the right
to retain the funds of his client as may be necessary to
satisfy his lawful fees and disbursements known as
attorneys lien and his lien to the same extent on all
judgments and executions he has secured for his client
called charging lien, he is still duty bound to render an
accounting of his clients funds and property which may
come into his possession in the course of his professional
employment In the application of attorneys lien, a
lawyer shall give notice to his client otherwise, the same
might be construed as misappropriation which may
subject him to disciplinary action.
Its about alwa
Page 4! of 40!
Legal & Judicial Ethics (EH 307) Atty. Lood
Rule 16.04 Duty not to borrow from nor lend
money to client
Rationale: The rule against borrowing of money by a
lawyer from his client is intended
i. to prevent the former from taking advantage of his
influence over the latter, and
Rule 18.01 Duty not to undertake legal services if not
qualified; collaborating counsel
Rule 18.02 Duty to adequately prepare for
cases Rule 18.03 Duty not to neglect legal
matters
Rule 18.04 Duty to inform client of status of the case
 ii. to assure the lawyers independent professional
judgement
If a lawyer acquires a financial interest in the outcome of
the case, the free exercise of his judgement may be
adversely affected
Exceptions to the Rule Against Borrowing or Lending of
Money
The lawyer is allowed to borrow money from his client
provided the interests of the client are fully protected
by the nature of the case or by independent advice.
The lawyer may lend money to a client, when it is
necessary in the interest of justice to advance
necessary expenses in a legal matter he is handling for
the client. The advances made shall be subject to
reimbursement
Competence refers to the sufficiency of lawyers
qualifications to deal with the matter in question and
includes knowledge and skill and the ability to use
them effectively in the interest of the client
Diligence is the attention and care required of a
person in a given situation and is the opposite of
negligence. It is axiomatic in the practice of law that
the price of success is eternal diligence to the cause of
the client.
Lawyer impliedly represents that:
- he possesses requisite degree of learning, skill,
ability which is necessary to the practice of his
profession and which other similarly situated
possess;
- he will exert his best judgment in the prosecution
or defense of the litigation entrusted to him;
Date: February 8, 2017 - he will exercise reasonable and ordinary care

and diligence in the use of his skill and in the

Canon 17 Duty of fidelity to the Cause
of the Client
Lawyers duty of fidelity commences from receipt of
his retainer until his effective release from the
case or the final disposition of the whole subject
matter of the litigation. During that period, he is
expected to take such reasonable steps and such
ordinary care as his clients interest may require.
When a lawyer takes a clients cause, he thereby
covenants that he will exert all effort for its
prosecution until its final conclusion. The failure to
exercise due diligence or the abandonment of a
clients cause makes such lawyer unworthy of the
trust which the client had reposed on
lawyer has the duty to protect with the utmost
dedication the interest of his client and of the
fidelity, trust and confidence which he owes his
client.
application of his knowledge to his clients
cause;
- He will take such steps as will adequately
safeguard his clients interest. A client may
reasonably expect that counsel will make
good his representations.
Rule 18.01 Duty not to undertake legal services
if not qualified; collaborating counsel
Some cases involve specialized fields of law and
require special training. A lawyer should not
accept an undertaking in specific area of law
which he knows or should know he is not qualified
to enter.
Exception: If the client consents, the lawyer can
him. A
take as collaborating counsel another lawyer who
is competent on the matter
Collaborating Counsel one who is
subsequently engaged to assist a lawyer already

handling a particular case for a client.

C a n o n 18 D u t y t o s e r ve w i t h
competence and due diligence
(SandeeSuan) Its aboutbetter.
always getting Page !5 of !40
Success isnt about being
the best.
Legal & Judicial Ethics (EH 307) Atty. Lood
 The handling lawyer cannot just take another counsel
without the consent of the client. The new lawyer on
the other hand cannot just enter his appearance as
collaborating counsel without the conformity of the
first counsel.
The same diligence required of the first counsel is
required of the collaborating counsel. The negligence
of the latter is also binding on the client.
Rule 18.02 Duty to adequately prepare for cases
Lawyer should safeguard his clients rights and interests
by thorough study and preparation; mastering
applicable law and facts involved in a case, regardless
of the nature of the assignment; and keeping
constantly abreast of the latest jurisprudence and
developments in all branches of the law
A lawyer should prepare his pleadings with great care
and circumspection. He should refrain from using
abrasive and offensive language, for it merely weakens
rather than strengthens the force of legal reasoning
and detracts from its persuasiveness.
Rule 18.03 Duty not to neglect legal matters
The standard of diligence required of a lawyer is that of a
good father of a family. He is not bound to exercise
extraordinary diligence.
It should be remembered that the moment the lawyer
takes a clients cause, he covenants that he will exert
all effort for its prosecution until its final conclusion. A
lawyer who fails to exercise due diligence or abandons
his client's cause makes him unworthy of the trust
reposed on him by the latter.
Instances of Negligence of Attorneys
1. Failure to ask for additional time to answer which
resulted in a default judgement against his client
2. Failure to file brief within the reglementary period to
file
3. Failure to attend to trial without filing a motion for
postponement or for resetting
4. Failure to take action to have the adverse decision
reconsidered
5. Failure to notify the court of change of address
Rule 19.01 Duty to employ only fair and honest means
resulting in failure to receive judicial orders to the
prejudice of client
6. Failure to present evidence
7. Failure to pay the appellate docket fee after receiving
the amount for the purpose
(SandeeSuan) Success isnt about
being the best.
Its about always
getting better.
Rule 18.04 Duty to inform client of status of the case
The client has the right to be fully informed of the status
of the case particularly on the important movements
or developments therein. Vis--vis this right, the
lawyer has the corresponding duty to notify his client
of the important orders or decisions not yet known to
the client.
A lawyer should notify his client of the adverse decision
while within the period to appeal to enable the client
to decide whether to seek an appellate review. He
should communicate with him concerning the
withdrawal of appeal with all its adverse
consequences.
The client is entitled to the fullest disclosure of the mode
or manner by which his interest is defended or why
certain steps are taken or omitted.
It is the duty of a party litigant to be in contact with his
counsel from time to time in order to be informed of
the progress of the case.
Canon 19 Duty to serve only within the bounds of the
law
Rule 19.01 Duty to employ only fair and honest
means Rule 19.02 Duty to rectify clients fraud
Rule 19.03 Duty to control proceedings
The client is entitled to the benefit of any and every
remedy and defense that is authorized by the law of
the land, and he may expect his lawyer to assert every
such remedy or defense.
The advocacy for the client is to be performed within
and not without the bounds of the law. The office of an
attorney does not permit, much less does it demand of
him for any client, violation of law or any manner of
fraud.
A lawyers duty is not to his client but to the
administration of justice. His conduct ought to and
must always be scrupulously observant of law and
ethics.
In civil cases it is the lawyers duty to counsel or
maintain such actions or proceedings only as appear to
him as just, and such defenses only as
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Legal & Judicial Ethics (EH 307) Atty. Lood
 he believes to be honestly debatable under the laws Authority of an attorney in the conduct of litigation
In criminal cases the lawyer should defend the
1. A lawyer has authority to bind the client in all matters
accused by all fair and reasonable means that the law of ordinary judicial procedure. The lawyer, and not
permits regardless of his personal opinion as to the the client, is assumed to have knowledge of the law
guilt of the accused. and the rules of procedure
2. On the subject matter of the case, it is the client who
will have the final decision
Only Honorable, Fair and Honest Means shall be
Employed in the Maintenance of Cases
1. A lawyer must not present and offer in evidence any
document which he knows is false
2. A lawyer should not present a false witness whom he
knows will perjure
3. A lawyer shall not file or threaten to file any unfounded
or baseless cases against adversaries of the client
4. A lawyer shall not do any falsehood, nor consent to the
doing of any in court; nor shall he mislead or allow or
allow the court to be misled by any artifice
5. A lawyer shall not knowingly mesquite the contents of
a paper, the text of a decision or authority nor shall
he knowingly cite as law a provision already rendered
inoperative because of repeal or amendment, nor
shall he assert as a fact or something which as not yet
been established
6. A lawyer shall not bribe or attempt to bribe a judge to
win his case
Rule 19.02 Duty to rectify clients fraud
A lawyer should do his best efforts to restrain and to
prevent his client from doing those things which he
himself ought not to do, particularly with reference to
the conduct toward the court, judicial officer, witness
and suitor and if the client persists in such wrong
doing, the lawyer should terminate their relation.
This rule requires the lawyers to terminate his
relationship with the client in the event the latter fails
or refuses to rectify fraud
Rule 19.03 Duty to control proceedings
Rule: In matters of law, it is the client who should yield
to the lawyer and not the other way around
Reason: The lawyer is trained and skilled in the law. The
client has no knowledge of procedure and necessarily
entrusts this to the attorney he employs.
(SandeeSuan) Success isnt about
being the best.
Its about always
getting better.
Lawyers Authority to Compromise
General Rule: The lawyer has no authority to
compromise his clients case.
Reason: The client, even if represented by counsel,
retains exclusive control over the subject matter of the
litigation.
Exception: The client can authorize his lawyer to
compromise his case, and the settlement made by the
lawyer will bind the client
Canon 20 Duty to charge only fair and reasonable price
Rule 20.01 Guide in determining attorneys fees
Rule 20.02 Division of fees in proportion to the work
performed and responsibility assumed
Rule 20.03 Duty not to accept any fee or other
compensation whatsoever related to his
professional employment from anyone
other than the client
Rule 20.04 Duty to avoid compensation controversies
with client
Legal basis for attorneys fees
The fact of employment as lawyer by the client
constitutes the legal basis of the lawyer's right to
demand payment for his services. No formal contract is
necessary to effectuate employment.
Requisite for the right to attorneys fees
1. Existence of attorney-client relationship
2. Rendition by the lawyer of service to the client
Reason for Adequate Compensation
A lawyer like all other human beings has a right to
livelihood
That the practice of law is a profession and not a money-
making trade does not operate to deny a lawyer the
right to attorneys fees for his professional services. He
has the right to have and recover from his client a fair
and reasonable compensation for his services,
EXCEPT: in cases where he has agreed to render
services gratuitously.
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Legal & Judicial Ethics (EH 307) Atty. Lood

It is necessary in order to enable the lawyer to serve his
client effectively and to preserve the integrity and
independence of the profession. The legal profession
cannot remain a viable force in fulfilling its role in our
society unless the lawyer receives adequate
compensation for his services.
Attorneys fees as damages
General Rule: Attorneys fees as damages is not
recoverable because it is not the fact of winning ipso
facto justifies the award but the attendance of any of
the special circumstances
Exceptions: Article 2208 of the New Civil Code

A written agreement is not necessary to establish a
clients obligation to pay attorneys fees. As long as the
lawyer is honestly and in good faith trying to serve and
represent the interest of his client, an absence of
express undertaking does not defeat recovery of fees.
It is advisable for the benefit of both the lawyer and the
client, that as soon as they have agreed on the
engagement of the former by the latter, the attorneys
fees are immediately determined and fixed. This is to
avoid future misunderstandings which usually arise
when the client thinks low of the value of the series of
the counsel, and the latter thinks high of his services,
and no one is expressing what is in his mind.
Advantage of a written contract for attorneys fees
1. An express valid contract stipulating for the
compensation which the attorney is to receive for his
services is generally held conclusive as to the amount
of compensation
2. In case of unjustified dismissal of an attorney, he shall
be entitled to recover from the client full
compensation stipulated in the contract. The law
seeks to protect lawyers from unscrupulous and
ungrateful clients who dismiss lawyers to avoid
payment of attorneys fees.
Two Concepts of Attorneys Fees
1. Ordinary it is the reasonable compensation paid to
the lawyer for the legal services he had rendered the
client. The basis of this compensation is the fact of
employment by the client.
2. Extraordinary an indemnity for damages ordered by
the court to be paid by the losing party to the
prevailing party in a litigation. The basis of this is any
of the cases authorized by law and is payable not to
the lawyer but to the client unless they have agreed
that the award shall pertain to the lawyer as
additional compensation or as part thereof.
(SandeeSuan) Success isnt about
being the best.
Its about always
getting better.
Kinds of Retainer Agreement
1. General Retainer the fee paid to a lawyer to secure
his future services as general counsel for any
ordinary legal problem that may arise in the ordinary
business of the client and referred to him for legal
action. The client pays fixed retainer fees, which
could be monthly or otherwise. The fees are paid
whether or not there are cases referred to the lawyer.
2. Special retainer fee for a specific case or service
rendered by the lawyer for the client
Kinds of Payment which may be Stipulated Upon
1. FIXED OR ABSOLUTE FEE which is payable regardless
of the result of the case.
2. CONTINGENT FEE that is conditioned on the
securing of a favorable judgment and recovery of
money or property and the amount of which may be
on a percentage basis.
3. Fixed fee payable PER APPEARANCE.
4. Fixed fee computed upon the NUMBER OF
HOURS SPENT.
5. Fixed fee based on PIECEWORK.
6. A combination of the above arrangements or and
entirely different agreement not contrary to law,
public morals or public policy
Rule 20.01 Guide in determining attorneys fees
1. Time spent and the extent of the service rendered or
required;
2. Novelty and difficulty of the questions involved;
3. Importance of the subject matter;
4. Skill demanded of the lawyer;
5. Probability of losing other employment
6. Customary charges for similar services and the
schedule of fees of IBP
7. Amount involved in the controversy and the benefits
resulting to the client from the service;
8. Contingency or certainty of compensation;
9. Character of the employment, whether occasional or
established;
10.Professional standing of the lawyer
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Legal & Judicial Ethics (EH 307) Atty. Lood
 Contingent Contract Champertous Contract
None of the factors is controlling but are guides
 only 1. It is one where the 1. It is one where the
The mere fact that an agreement had been lawyer is paid for his lawyer stipulates with
reached between attorney had been reached services depending his client in the
on the success of the prosecution of the
between attorney and client fixing the amount of
case case that he will bear
the attorneys fees does not insulate such
agreement from review and modification by the all the expenses for
court where the fees clearly appear to be the recovery of things
or property being
excessive or unreasonable
claimed by the client,
and the latter agrees
to pay the former a
portion of the thing/
property recovered as
compensation.

Situations when counsel rabbit recover full amount
despite a written contract for attorneys fees
1. Services are not performed
2. Justified dismissal of the attorney
3. Stipulated attorneys fees are unconscionable
4. Stipulated attorneys fees are in excess of what is
expressly fixed by law
5. When the lawyer is guilty of bad faith or fraud toward
his client in the matter of his employment
6. Counsels services were worthless because of his
negligence
7. Contract of employment is illegal, against morals or
public policy
8. Serving adverse interest, unless he acted with the
consent of both parties
Quantum Meruit
- This means as much as the latter deserves or such
amount as his services merit.
Some instances of recovery of attorneys fees on the
basis of quantum meruit
1. No express contract for payment of attorneys fees
2. Amount stipulated is unconscionable
3. Lawyer, without fault, was unable to conclude litigation
4. Lawyer, for justifiable cause, was not able to finis the
case
5. Lawyer and client disregarded the contract for fees
2. Lawyers do not 2. Lawyers undertake to
undertake to pay all
pay all expenses of
litigation expenses of litigation
3. It is a void contract for
3. It is a valid contract being
against public policy
Rule 20.02 Division of fees in proportion to the work
performed and responsibility assumed
This is not in the nature of a brokers commission
Lawyer-Referral System
Under this system, if another counsel is referred to the
client, and the latter agrees to take him as
collaborating counsel, and there is no express
agreement on the payment of attorneys fees, the said
counsel will receive attorneys fees in proportion to the
work performed and responsibility assumed. The
lawyers and the client may agree upon the proportion
but in case of disagreement, the court may fix the
proportional division of fees.
Rule 20.03 Duty not to accept any fee or other
compensation whatsoever related to his
professional employment from anyone other than
the client
Rationale: It is intended to secure the fidelity of the
lawyer to his clients cause and to prevent a situation
in which the receipt of him of a rebate or commission
from another with the clients case may interfere with
the full discharge of his duty to his client
Exceptions: A lawyer may receive compensation from a
person other than his client when the latter has full
knowledge and approval thereof (Section 20 (e), Rule
138, RRC)
Rule 20.04 Duty to avoid compensation
controversies with client
General Rule: A lawyer should avoid the filing of any case
against a client for the enforcement of
(SandeeSuan)
Success isnt about being the best.
P
Its about a
always g
getting better. e
9
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f
4
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Legal & Judicial Ethics (EH 307) Atty. Lood
 attorneys fees. [Filing of cases against clients is unwise
because in the process, the lawyer loses the clients
aside from suffering a broken reputation of being
money-oriented]
Exceptions:
(1) to prevent injustice;
(2) to prevent fraud
Where and how may attorneys fees be claimed by the
lawyer?
1. In the same case it may be asserted either in the
very action in which the services of a lawyer had
been rendered; or
2. In a separate civil action a petition for attorneys fees
may be filed before the judgement in favor of the
client is satisfied or the proceeds thereof delivered to
the client
Canon 21 Duty to preserve the clients confidence and
secrets
Rule 21.01 Duty not to reveal the confidences or
secrets; exceptions
Rule 21.02 Duty not to use information received in the
course of employment
Rule 21.03 Duty not to give information to outside
agency
Rule 21.04 & 21.5 Duty to protect from disclosure
Rule 21.06 Duty to avoid indiscreet conversation
Rule 21.07 Duty not to reveal that he was consulted
Rule 21.01 Duty not to reveal the confidences or
secrets; exceptions
The protection given to the client is perpetual and does
not cease with the termination of the litigation nor is
affected by the party ceasing to employ the attorney
and employ another or any other change of relation
between them. It even survives the death of the client.
Rationale behind this prohibition: not only to prevent
the dishonest practitioners from fraudulent conduct,
but also to protect the honest
l a w y e r f ro m u n f o u n d e d s u s p i c i o n o f
unprofessional practice. It is founded on principles of
public policy, on good taste. The question si not
necessarily one of the rights of the parties, but as to
whether the attorney has adhered to proper
professional standard.
(SandeeSuan) Success isnt about
being the best.
Confidence it refers to the information protected by
the attorney-client privilege.
Secret It refers to other information gained in the
professional relationship that the client has requested
to be held inviolate or the disclosure of which would
be embarrassing or detrimental to the client.
Confidential Communication refers to information
transmitted by voluntary act of disclosure between
attorney and client in confidence and by means which
so far as the client is aware, discloses the information
to no third person other than one reasonably
necessary for the transmission of the information or
the accomplishment of the purpose for which it was
given. Covers all actions, signs, means of
communication.
Requisites for the attorney-client privilege
1. There exists an attorney and client relationship or a
kind of consultancy relationship with a prospective
client. That is, legal advise is what is sought. This
includes persons appointed as counsel de oficio;
2. The communication was made by the client to the
lawyer in the course of the lawyers professional
employment; and
3. The communication must be intended to be
confidential.
Rule 21.02 Duty not to use information
received in the course of employment
General Rule: A lawyer shall not reveal the confidences
and secrets of his client.
Exceptions:
(1) When authorized by his client after
acquainting him of the consequences of the
disclosure;
(2) When required by law
(3) When necessary to collect his fees or to
defend himself, his employees or associates
by judicial action. In case client files
complaint against his lawyer or
unreasonably refuses to pay his fees, the
lawyer may disclose so much of clients
confidences as may be necessary to protect
himself or to collect fees
(4) In cases of contemplated crimes or
perpetuation of fraud because a lawyer-
client relationship should only be for lawful
purposes
Its about alwa
Page 10! of 40!
Legal & Judicial Ethics (EH 307) Atty. Lood

General Rule: A lawyer, who acquired information from a
client in the course of his legal employment, is
prohibited fro making use of such information,
whether it is privileged or not, to the:
(a) disadvantage of his client, or
(b) to the lawyers own advantage, or
(c) to the advantage of a third person
Exception: If the client with full knowledge of the
circumstances consents to the use thereof
Exception to the exception: In matters of unprivileged
information, the lawyer may be judicially compelled
to make a disclosure even if the client objects.
Rule 21.03 Duty not to give information to
outside agency
Rationale: The work and product of a lawyer, such as his
effort, research, and though, and the records of his
client, contained in his files are privileged matters.
Exception: If the client gives his written consent,
Rule 21.04 & 21.5 Duty to protect from
disclosure
The rule is that the professional employment of a law
firm is equivalent to the retainer of the members
thereof even though only one of them is consulted;
conversely, the employment of one member of law
firm is generally considered as employment of the law
firm.
The lawyer is obliged to exercise care in selecting and
training his employees so that the sanctity of all
confidences and secrets of his clients may be
preserved.
Rule 21.06 Duty to avoid indiscreet
conversation
A lawyer must not only preserve the confidences and
secrets of his clients in his law office but also outside
including his home. He should avoid committing
calculated indiscretion, that is, accidental revelation of
secrets obtained in his professional employment.
Reckless or imprudent disclosure of the affairs of his
clients may jeopardize them. Not every member of the
laters family has the proper orientation and training
for keeping clients confidences and secrets.
(SandeeSuan) Success isnt about
being the best.
Its about always
getting better.
Rule 21.07 Duty not to reveal that he was
consulted
General Rule: If a lawyer was consulted about a
particular case, and irrespective of whether or not he
was thereafter hired as counsel, he should not reveal
to others the matter subject of consultation.
Exception: When the lawyer will be placed in a situation
of representing conflicting interests if he does not
disclose the consultation to the next person
consulting him on the same matter. Otherwise, if he
remains silent, he may be violating the rule against
representing conflicting interests.
See: Canon 14, Rule 14.03; see also: Canon 15, Rule
15.01
Canon 22 Duty to withdraw services only for good cause
and upon notice
Rule 22.01 Good causes for withdrawal of services
Rule 22.02 Duties of lawyers who withdraw; retaining
lien
Termination of Attorney Client Relationship
1. Withdrawal of the lawyer under Rule 22.01;
2. Death of the lawyer, unless it is a law firm, in which
case, the other partners/lawyers may continue with
the case;
3. Death of client;
4. Discharge or dismissal of the lawyer by the client;
5. Appointment or election of a lawyer to a government
position which prohibits private practice of law
6. Full termination of the case
7. Disbarment or suspension of the lawyer from the
practice of law
8. Intervening incapacity or incompetence of the client
during pendency of case, for then the client loses his
capacity to contract, or to control the subject matter
of the action
9. Declaration of presumptive death of lawyer; and
10.Conviction of a crime and imprisonment of lawyer for
quite sometime
Right of client to terminate relation with counsel
absolute, but not vice visa
While the right of the client to terminate the
relationship is absolute, the right of an attorney to
withdraw or terminate the relation other than for a
sufficient cause, is considerable restricted
Among the fundamental rules of ethics is the principle
that an attorney who undertakes to
Page 11! of 40!
Legal & Judicial Ethics (EH 307) Atty. Lood
 conduct an action impliedly stipulates to carry it to its
termination. He is not at liberty to abandon without
reasonable cause.
Rule 22.01 Good causes for withdrawal of
services
1) Client pursuing an illegal or immoral course of
conduct;
2) Clients insistence that lawyer pursues acts violative of
the canons and rules;
3) Inability of lawyer to work with co-counsel;
4) Mental and physical inability of counsel to handle case
effectively;
5) Clients deliberate failure to pay attorneys fees agreed
upon.
6) Election or appointment of lawyer to public office
7) Other similar cases
Change of Counsel
1) Client discharges attorney with or without cause; no
consent or notice to lawyer needed, nor court
approval
2) Attorney may initiate move by withdrawing his
appearance with written consent of client or with
leave of court on some justifiable ground
3) Substitution of counsel in the form of application for
that purpose constitutes an appearance of the
substituting counsel and is a polite way of effecting
change, compliance with formalities is necessary
since it involves ethical consideration
Requirements for Substitution
1. Written application for substitution
2. Written consent of client
3. Written consent of attorney to be substituted
* in case written consent of attorney cannot be secured,
proof of service of notice of application upon attorney
to be substituted
* in case of death of original attorney, additional
requirement of verified proof of death necessary
Rule 22.02 Duties of lawyers who withdraw;
retaining lien
1. Immediately turn-over all paps and property to which
the client is entitled; and
2. To cooperate with his successor in the orderly transfer
of the case
(SandeeSuan) Success isnt about
being the best.
Lawyers withdrawal or discharge shall be without
prejudice to his attorneys lien
Purpose of Rule 22.02 (lawyer entitled to retain lien) and
Rule 16.03 (lawyer entitled to retaining and charging
lien) to insure payment of lawyers professional fees
and the reimbursement of his lawful disbursements in
keeping with his dignity as an officer of the court.
Kinds of Liens
1. Retaining Lien (general lien) The right of an attorney
to retain the funds, documents and papers of his
client which have lawfully come into his possession
until his lawful fees and disbursements have been
paid and to apply such funds to the satisfaction
thereof.
2. Charging Lien (special lien) A charging lien is a right
which the attorney has upon all judgments for the
payment of money and executions issued in
pursuance thereof, secured in favor of his client.
Covers only services rendered by attorney in the
action in which the judgment was obtained and takes
effect only after a statement of claim has been
entered upon record of the particular action with
written notice to his client and adverse party.
Requisites for validity (of retaining lien)
1. Attorney-client relationship;
2. Lawful possession by lawyer of the clients funds,
documents and papers in his professional capacity
3. Unsatisfied claim for attorneys fees or disbursement
Requisites for validity of charging lien
1. Attorney-client relationship
2. Attorney has rendered services
3. Money judgment favorable to the client has been
secured in the action
4. Attorney has a claim for attorneys fees or advances
5. Statement of his claim has been duly recorded in the
case with notice thereof served upon the client and
adverse party
Its about alwa
Page 12! of 40!
Legal & Judicial Ethics (EH 307) Atty. Lood
Retaining Lien Charging Lien
Purpose of disciplining lawyers
 Passive Lien. It Active Lien. It awarded in favor of client, proceeds thereof/executed
Nature cannot thereon.
be actively can be
enforced. enforced by
It is a general
execution. It
lien.
is a special
Lawful
Basis possession of lien.
papers,
documents, Securing of a
property
belonging favorable
to the client. money
Coverage Covers papers, judgment for
documents,
and
properties in the client.
the
lawful
possession of Covers all
the attorney by judgment for
reason of his
the payment of
professional
money and
employment.
As soon as the execution issued
Effectivity attorney in pursuance of
gets possession
of such judgments.
the papers,
documents, or
property. As soon as the
Client need not
claim for
Notice be
notified to attorneys fees
make it
had been
effective.
Applicability May be exercised entered into the
before records of the
judgment or
execution or case.
regardless
thereof. Notice must be
Extinguishme served upon
nt When possession client and
lawfully ends
when adverse party
as lawyer
voluntarily Generally,
parts with
funds, exercisable
documents,
and only when the
papers of client
or attorney had
offers them as already
evidence. secured a
favorable
judgment for
his client.
When client
loses action as
lien may only
be enforced
against
judgment
 To ascertain that a lawyer still the courts. It prerogative to regulate practice of law and the
possesses those cannot be admission of persons to engage therein.
defeated by
qualifications which are
the Powers of the Court of Appeals and the Regional Trial
conditions precedent for the
legislative or Court with regard to the discipline of errant lawyers
continuous practice of law
and; to deter others from executive They are also empowered to: (WARSP)
similar misconduct, to departments 1. Warn
protect the court and the . The 2. Admonition
public from the misbehavior authority of 3. Reprimand
of its officers. the Supreme
4. Suspend an attorney from practice for any of the
Court to
causes named in Sec 27, Rule 138 until further
The nature of the power to discipline
action of the Supreme Court in the case; (Sec.
discipline lawyers is
16, Rule 139-B) and
The power to discipline a rooted in its
5. Probation (IBP Guidelines)
lawyer is JUDICIAL in nature constitution
and can be exercised only by al
NOTE: They cannot disbar a lawyer.
 Forms of Disciplinary Measures (WARCS-DIP)
Date: February 21, 2017 1. Warning an act of putting one on his guard a g a i n s
t a n i m p e n d i n g d a n g e r, e v i l , consequence
Suspension, Disbarment & or penalty;
Discipline of Lawyers 2. Admonition a gentle or friendly reproof, mild
NATURE AND CHARACTERISTICS OF rebuke, warning, reminder, or counseling on a fault,
DISCIPLINARY ACTIONS error or oversight; an expression of authoritative
Note: Right to practice law being just a privilege is advice;
burdened with conditions. Practice of law is not a 3. Reprimand a public and formal censure or severe
natural or constitutional right but is in the nature of a reproof, administered to a person at fault by his
privilege or franchise. superior officer or the body to which he belongs;
Membership in the bar being merely a privilege, the 4. Censure official reprimand;
same may be suspended or removed from the lawyer 5. Suspension temporary withholding of a lawyers
for reasons provided in the Rules of Court, law and right to practice his profession as a lawyer for a
jurisprudence. certain period or for an indefinite period of time:
(SandeeSuan) Success isnt about
being the best.
Page 13! of 40!
Its about always
getting better.
Legal & Judicial Ethics (EH 307) Atty. Lood
 a. Definite;
b. Indefinite qualified disbarment; lawyer
determines for himself how long or how
short his suspension shall last by proving to
court that he is once again fit to resume
practice of law.
6. Disbarment it is the act of the Supreme Court of
withdrawing from an attorney the right to practice
law. The name of the lawyer is stricken out from the
Roll of Attorneys;
7. Interim Suspension it is the temporary suspension of
a lawyer from the practice of law pending imposition
of final discipline; Includes:
a. Suspension upon conviction of a serious
crime;
b. Suspension when the lawyers continuing
conduct is or is likely to cause immediate
and serious injury to a client or public
8. Probation it is a sanction that allows a lawyer to
practice law under specified conditions.
Main Objective of Disbarment and Suspension
1. To compel the attorney to deal fairly and honestly with
his clients;
2. To remove from the profession a person whose
misconduct has proved him unfit to be entrusted
with the duties and responsibilities belonging to the
office of an attorney;
3. To punish the lawyer although not so much as to
safeguard the administration of justice;
4. To set an example or warning for the other members of
the bar;
5. To safeguard the administration of justice from
dishonest and incompetent lawyers;
6. To protect the public;
May a lawyer be suspended or disciplined for his
misconduct in his private capacity?
General Rule: No.
EXCEPTION: if the misconduct is so GROSS as to show
him to be wanting in moral character, honesty,
probity and demeanor. Gross misconduct, although
not related to the discharge of his professional duties
as member of the bar, which puts his moral character
in serious doubt, renders him unfit to continue in the
practice of law.
Characteristics of Disbarment Proceeding
1. Sui Generis neither a civil or a criminal or a criminal
proceeding: it does not involve a trial of an action or
a suit, but is rather an investigation by the Court into
the conduct of one of its officers.
Not a civil action because there is neither plaintiff nor
respondent, and involves no private interest. The
complainant is not a party and has no interest in the
outcome except as all citizens have in the proper
administration of justice. There is no redress for
private grievances
Not a criminal prosecution because it is not meant as
a punishment depriving him of source of livelihood
but rather to ensure that those who exercise the
function should be competent, honorable and
reliable so that the public may repose confidence in
them.
2. The defense of double jeopardy cannot be availed of
in a disbarment proceeding.
3. It can be initiated moto propio by the Supreme Court
or by the IBP. It can be appreciated without a
complaint
4. It can proceed regardless of interest or lack of interest
of the complainants, if the facts proven so warrant.
5. It is imprescriptible
6. It is conducted confidentially
7. It is in itself due process of law
8. Whatever has been decided in a disbarment case
cannot be a source of right that may be enforced in
another action;
9. In pari delicto rule not applicable;
10.No prejudicial question in disbarment proceedings;
11.Penalty in a disbarment case cannot be in the
alternative; and
12.Monetary claims cannot be granted except restitution
and return of monies and properties of the client given
in the course of the lawyer-client relationship.
DISBARMENT PROCEEDING
Three-fold Purpose of the Confidentiality of the
Proceeding
1. To enable the court to make its investigation free from
extraneous influence or interference;
(SandeeSuan)
Success isnt about being the best.
Pa
Its about ge
always 14
getting !
better. of
40
!
Legal & Judicial Ethics (EH 307) Atty. Lood
2. To protect the personal and professional reputation of
attorneys from baseless charges of disgruntled,
vindictive and irresponsible persons or clients by
prohibiting publication of such charges pending their
final resolution
6. Willful disobedience of any lawful order of a superior
court;
7. Corrupt or willful appearance as an attorney for a party
to a case without authority to do so.
3. To deter the press from publishing charges or
proceedings based thereon for even a verbatim
reproduction of the complaint against an attorney in
the newspaper may be actionable.
Note: The confidentiality of the proceedings is a
privilege which may be waived by the lawyer in whom
and for the protection of whose personal and
professional reputation it is vested, as by presenting
the testimony in a disbarment case or using it as
impeaching evidence in a civil suit.
Effects of a lawyers death during the pendency of a
disciplinary action against him
1. Renders the action moot and academic,
2. But the Court may still resolve the case on its merit in
order to clear publicly the name of the lawyer.
No prejudicial question in disbarment proceedings
1. There is no provision in the Constitution, the statutes
or the Rules of Court which supports the application;
2. In a criminal case, it is the duty of the prosecution to
prove that the accused is guilty beyond reasonable
doubt of the crime charged, which is not so in a
suspension or disbarment proceeding where only
clearly preponderant evidence is required;
3. An accused in a criminal case may escape conviction
not necessarily on the ground that he did not commit
the acts charged in the information; and
4. It is not sound judicial policy to await the final
resolution of a criminal case before we may act on a
complaint or information against a lawyer and
impose the judgement appropriate to the facts. (In
re: Brillantes)
Grounds for Disbarment
1. Deceit;
2. Malpractice, or other gross misconduct in office;
3. Grossly immoral conduct
4. Conviction of a crime involving moral turpitude;
5. Violation of oath of office;
(SandeeSuan) Success isnt about
being the best.
Its about always getting
better.
Are the grounds for disbarment exclusive?
No. A lawyer may be removed from office or suspended
from the practice of law on grounds other than those
specifically provided in the law. The statutory
enumeration is not to be taken as a limitation on the
general power of SC to suspend or disbar a lawyer.
Note: The Court has disbarred or suspended lawyers for
reasons not found in the statute as when their acts are
contrary to honesty or good morals or do not
approximate the highest degree of morality and
integrity expected of the members of the bar.
Other statutory grounds for suspension or
disbarment of members of the Bar
1. Acquisition of interest in the subject matter of the
litigation, either through purchase or assignment
2. Betrayal of trust, revelation of secrets
3. Conflict of interest
Disbarment or Suspension of a Filipino Lawyer in a
Foreign Country; Effect in the Philippines
The disbarment or suspension of a member of the
Philippine Bar by a competent court or other
disciplinary agency in a foreign jurisdiction where he
has also been admitted as an attorney is a ground for
his disbarment or suspension if the basis of such action
includes any of the acts provided for in Section 27,
Rule 138 of the Revised Rules of Court
Officers Authorized to Investigate Disbarment Case
1. Supreme Court;
2. IBP through its Commission on Bar Discipline or
authorized investigators; and
3. Office of the Solicitor General
Who and how instituted?
Proceedings for he disbarment, suspension or discipline
of attorney may be taken:
by the Supreme Court motu propio
or by the IBP upon verified complaint of any
person. The complaint shall state clearly
Page !15 of !40
Legal & Judicial Ethics (EH 307) Atty. Lood
 and concisely the facts complained of and shall
be supported by affidavits of person having
personal knowledge of the facts therein alleged
and/or by such documents as may substantiate
said facts
Where to file?
A complaint for disbarment may be filed directly in the
Supreme Court, the IBP National Office or in any of the
IBP Chapter Offices in the Country.
Note: The SC ordinarily refers disbarment cases to the
IBP for investigation, repor t and recommendation.
However, referral of disbarment cases (filed with or
initiated by the Supreme Court) to the IBP is not
mandatory
When an IBP Chapter receives a complaint, the same will
be referred to the IBP National Office for appropriate
action.
Procedural Steps for Disbarment Proceedings in the IBP
(Rule 139-B)
Procedural Steps for Disbarment Proceedings in the
Supreme Court (Rule 139-B)
Rules of Procedure of the Commission on Bar Discipline
(CBD) of the IBP (B.M. No. 1755. June 17, 2008)
SUPREME COURT: Rules on the imposition of
penalties (RESOLUTION OF THE SC EN BANC March
16, 1993)
3. Personal or emotional problems;
4. Timely good faith effort to make restitution or to rectify
consequences of misconduct;
5. Inexperience in the practice of law;
6. Remorse
7. Age
Aggravating Circumstances
1. Prior disciplinary offenses;
2. Dishonest or selfish motives;
3. A pattern of misconduct;
4. Multiple offenses;
5. Submission of false evidence, false statements, or
other deceptive practices during the disciplinary
process;
6. Refusal to acknowledge wrongful nature of conduct;
7. Vulnerability of victim;
8. Indifference to making restitution
Effect of Executive Pardon
If during the pendency of the disbarment proceeding the
respondent was granted executive pardon, the
dismissal of the case on that sole basis will depend on
whether the executive pardon is absolute or
conditional
Type of
Punishment Division En Banc Conditional Pardon Absolute Pardon

Disbarment case will not

Suspension 1 year or less Exceeds 1 year be Disbarment case will be
dismissed on the basis
thereof dismissed;
 Php 10,000 or
Wipes out conviction as
Fine less More than Php
well as offense itself
10,000
and the grant thereof
Both Suspension If suspension in favor of a lawyer is a
and exceeds bar to a proceeding for
Fine 1 year or fine disbarment against him
exceeds Php based solely on
10,000 commission of such
offense;
Disbarment Disbarment
After the absolute
pardon, is as guiltless
Modifying Circumstances: and innocent as if he
never committed the
offense at all
 The extent of disciplinary action depends on the
attendance of mitigating or aggravating If absolute pardon is given to lawyer after being
disbarred conviction of a crime, it does not
circumstances
automatically entitle him to reinstatement to the
Mitigating Circumstances; or
bar. It must be shown by evidence aside from
Aggravating Circumstances absolute pardon, that he is now a person of good
moral character and for and proper person to
Mitigating Circumstances practice law.
1. Absence of a prior disciplinary record; In a case of conditional pardon, there will be a
remission of unexpired period of sentence.
2. Absence of dishonest or selfish motive;
Its about always getting
(SandeeSuan) better. Page !16 of !40
Success isnt about being
the best.
Legal & Judicial Ethics (EH 307) Atty. Lood

Date: February 22, 2017
REINSTATEMENT
What is reinstatement?
It is the restoration in disbarment proceedings to a
disbarred lawyer the privilege to practice law.
Who has the power to reinstate?
The supreme court has the exclusive authority to
reinstate the privilege to practice law to a disbarred
lawyer.
The power of the Supreme Court to reinstate is based on
its constitutional prerogative to promulgate rules on
the admission of applicants to the practice of law. (Sec.
5[5], Art. VIII, 1987 Constitution)
Criteria for Reinstatement
1. Appreciation of the significance of his dereliction
2. Assurance to the court that he now possesses the
requisite proof and integrity necessary to guarantee
his worthiness to be restored to the practice of law;
3. Time elapsed between disbarment and application for
reinstatement;
4. Good conduct and honorable dealing subsequent to his
disbarment
5. Active involvement in civic, educational and religious
organizations;
6. Favorable endorsements of IBP as well as local
government officials and citizens of his community;
and
7. Pleas of his loved ones
Conditions may be imposed on the applicant for
reinstatement
The Supreme Court, in addition to the required
rehabilitation of the applicant for reinstatement, may
require special conditions to be fulfilled by the
applicant.
Effects of Reinstatement
1. Recognition of moral rehabilitation and mental fitness
to practice law;
2. Lawyer shall be subject to same law, rules and
regulations as those applicable to any other lawyer;
3. Lawyer must comply with the conditions imposed on
his readmission
(SandeeSuan) Success isnt about
being the best.
Its about always
getting better.
Is the lifting of the suspension order automatic upon the
end of the period of suspension?
No. The lifting of a lawyers suspension is not automatic
upon the end of the period stated in the Courts
decision, and an order from the Court lifting the
suspension at the end of the period is necessary in
order to enable [him] to resume the practice of his
profession.
Guidelines to be observed in the matter of the lifting of
an order suspending a lawyer from the practice of
law
1. After a finding that respondent lawyer must be
suspended from the practice of law, the Court shall
render a decision imposing the penalty.
2. Unless the Court explicitly states that the decision is
immediately executory upon receipt thereof, resident
has 15 days within which to file a motion for
reconsideration thereof. The denial of said motion
shall render the decision final and executory.
3. Upon the expiration of the period of suspension,
respondent shall file a Sworn Statement with the
Court, through the Office of the Bar Confidant,
stating therein that he or she has desisted from the
practice of law and has not appeared in any court
during the period of his or her suspension.
4. Copies of the Sworn Statement shall be furnished to
the local chapter of the IBP and to the Executive
Judge of the courts where respondent has pending
cases handled by him or her, and where he or she has
appeared as counsel;
5. The Sworn Statement shall be considered as proof of
respondents compliance with the order of
suspension; and
6. Any finding or report contrary to the statements made
by the respondent under oath shall be a ground for
imposition of a more severe punishment, or
disbarment, as may be warranted.
The power to disbar must be exercised with great caution
The power to disbar attorneys must always be exercised
with great caution and only in clear cases of
misconduct which seriously affects the standing and
character of the lawyer as an officer of the court and
member of the bar.
Admission to the Bar is obtained only after years of labor
and study. The office acquired often becomes the
source of great honor and emolument ti its possessor.
To deprive one such
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Legal & Judicial Ethics (EH 307) Atty. Lood
 an office is often to decree property to the lawyer and
destitution to his family. Disbarment, therefore, should
never be decreed where any lesser penalty, such as
temporary suspension, would accomplish the end
desired.
Notarial Practice
2004 Rules on Notarial Practice
A.M. No. 02-8-13-SC
1. To promote, serve, and protect public interest;
2. To simplify, clarify, and modernize the rules governing
notaries public; and
3. To foster ethical conduct among notaries public.
(Sec. 2, Rule I, A.M. No. 02-8-13-SC)
Who is a notary public?
Notary Public" and "Notary" refer to any person
commissioned to perform official acts under the rules
on Notarial Practice. (Sec. 9, Rule II, A.M. No. 02-8-13-
SC)
A person appointed by the court whose duty is to attest
to the genuineness of any deed or writing in order to
render them available as evidence of facts stated
therein and who is authorized by the statute to
administer various oaths.
What must one possess to qualify as a notary public?
To be eligible for commissioning as notary public, the
petitioner must be:
1. A citizen of the Philippines;
2. Over 21 years of age;
3. A resident in the Philippines for at least 1 year and
maintains a regular place of work or business in
the city or province where the commission is to
be issued;
4. A member of the Philippine Bar in good standing
with clearances from the Office of the Bar
Confidant of the Supreme Court and the
Integrated Bar of the Philippines; and
5. Has not been convicted in the first instance of any
crime involving moral turpitude.
(second par., Sec. 1, Rule III, 2004 Rules on
Notarial Practice, A.M. No. 02-8-13-SC)
(SandeeSuan) Success isnt about
being the best.
Its about always
getting better.
Form of the petition and supporting documents for a
notarial commission
Every petition for a notarial commission shall be in
writing, verified, and shall include the following:
1. A statement containing the petitioner's personal
qualifications, including the petitioner's date of
birth, residence, telephone number, professional
tax receipt, roll of attorney's number and IBP
membership number;
2. Certification of good moral character of the
petitioner by at least 2 executive officers of the
local chapter of the Integrated Bar of the
Philippines where he is applying for commission;
3. Proof of payment for the filing of the petition as
required by the Rules on Notarial Practice; and
4. Three passport-size color photographs with light
background taken within 30 days of the
application. The photograph should not be
retouched. The petitioner shall sign his
name at the bottom part of the
photographs. (Sec. 2,Rule III, A.M. No.
02-8-13-SC)
Note: Every petitioner for a notarial commission shall
pay the application fee as prescribed in the Rules of
Court. (Sec. 3, Rule III, A.M. No. 02-8-13-SC)
Summary Hearing on the Petition
The Executive Judge shall conduct a summary hearing on
the petition shall grant the same if:
a) The petition is sufficient in form and substance;
b) The petitioner proves the allegations contained in the
petition; and
c) The petitioner establishes to the satisfaction of the
Executive Judge that he has read and fully
understood the Rules on Notarial Practice.
Note:: The Executive Judge shall forthwith issue a
commission and a Certificate of Authorization to
Purchase a Notarial Seal in favor of the petitioner.
(Sec. 4, Rule III, A.M. No. 02-8-13-SC)
Note: Any person who has any cause or reason to object
to the grant of the petition may file a verified written
opposition thereto. The opposition must be received
by the Executive Judge before the date of the summary
hearing. (Sec. 6, Rule III, A.M. No. 02-8- 13-SC)
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Legal & Judicial Ethics (EH 307) Atty. Lood
Commission
It refers to the grant of authority to perform notarial acts
and to the written evidence of the authority
A notarial commission may be issued by an executive
judge to any qualified person who submits a petition in
accordance with the Rules on Notarial Practice
Jurisdiction and term
A person commissioned as notary public may perform
notarial acts in any place within the territorial
jurisdiction of the commissioning court for a period of
two (2) years commencing the first day of January of
the year in which the commissioning is made, unless
earlier revoked or the notary public has resigned under
these Rules and the Rules of Court
May be term be renewed?
Yes.
A notary public may file a written application with the
Executive Judge for the renewal of his commission
within forty-five (45) days before the expiration
thereof. A mark, image or impression of the seal of the
notary public in the register of notaries public.
The notary public thus removed from the Register of
Notaries Public may only be reinstated therein after he
is issued a new commission in accordance with these
rules.
What are the powers of a notary public?
A notary public is empowered to perform the following
notarial acts: JAO-CAS
1. Acknowledgements;
2. Oaths and affirmations;
3. Jurats;
4. Signature witnessings;
5. Copy certifications; and
6. Any other act authorized by these rules
(Section 1(a), Rule IV, A.M. No. 02-8-13-SC)
ACKNOWLEDGEMENT
What is an acknowledgement?
Acknowledgment refers to an act in which an individual
on a single occasion:
1. Appears in person before the notary public and presents
an integrally complete instrument or document;
(SandeeSuan) Success isnt about
being the best.
Its about always
getting better.
2. Is attested to be personally known to the notary public
or identified by the notary public through competent
evidence of identity as defined by the Rules on
Notarial Practice; and
3. Represents to the notary public that the signature on
the instrument or document was voluntarily affixed
by him for the purposes stated in the instrument or
document, declares that he has executed the
instrument or document as his free and voluntary act
and deed, and, if he acts in a particular
representative capacity, that he has the authority to
sign in that capacity. (Sec. 1, Rule II, A.M. 02-8-13-SC)
AFFIRMATION OR OATH
What is affirmation or oath?
It refers to an act in which an individual on a single
occasion:
1. Appears in person before the notary public;
2. Is personally known to the notary public or identified
by the notary public through competent evidence of
identity as defined by the Rules on Notarial Practice;
and
3. Avows under penalty of law to the whole truth of the
contents of the instrument or document.
(Sec. 2,Rule II,A.M. No. 02-8- 13-SC)
JURAT
What is a Jurat?
It refers to an act in which an individual on a single
occasion:
1. Appears in person before the notary public and
presents an instrument or document;
2. Is personally known to the notary public or identified
by the notary public through competent evidence of
identity as defined by the Rules on Notarial Practice;
3. Signs the instrument or document in the presence of
the notary; and
4. Takes an oath or affirmation before the notary public as
to such instrument or document
SIGNATURE WITNESSING
What is signature witnessing?
It refers to a notarial act in which an individual on a
single occasion:
1. Appears in person before the notary public and
presents an instrument or document;
2. Is personally known to the notary public or identified
by the notary public through
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Legal & Judicial Ethics (EH 307) Atty. Lood
 competent evidence of identity as defined by the
Rules on Notarial Practice; and
3. Signs the instrument or document in the presence of the
notary public. (Sec. 14, Rule II, A. M. No. 02-8-13-SC)
COPY CERTIFICATION
What is copy certification?
It refers to a notarial act in which a notary public:
1. Is presented with an instrument or document that is
neither a vital record, a public record, nor publicly
recordable;
2. Copies or supervises the copying of the instrument or
document;
3. Compares the instrument or document with the copy;
and
4. Determines that the copy is accurate and complete.
(Sec. 4, Rule II, A.M. 02-8-13-SC)
Note: The document copied must be an original
document. It cannot be a copy itself.
Is a notary public authorized to certify the affixing of a
signature by thumb or other mark on an instrument or
document presented for notarization?
Yes. It is also within the powers of a notary public,
provided:
1. The thumb or other mark is affixed in the presence of
the notary public and of two (2) disinterested and
unaffected witnesses to the instrument or document;
2. Both witnesses sign their own names in addition to the
thumb or other mark;
3. The notary public writes below the thumb or other
mark: thumb or other mark affixed by (name of
signatory by mark) in the presence of (names and
addresses of witnesses) and undersigned notary
public, and
4. The notary public notarizes the signature by t h u m b o r
o t h e r m a r k t h r o u g h a n acknowledgment,
jurat or signature witnessing.
(Sec. 1(b), Rule IV, A.M. No. 02-8-13-SC)
Is a notary public authorized to sign on behalf of a person
who is physically unable to sign or make a mark on an
instrument or document?
Yes. It likewise falls within the powers of a notary public,
provided:
1. The notary public is directed by the person unable to
sign or make a mark to sign on his behalf;
(SandeeSuan) Success isnt about
being the best.
Its about always
getting better.
2. The signature of the notary public is affixed in the
presence of 2 disinterested and unaffected witnesses
to the instrument or document;
3. Both witnesses sign their own names;
4. The notary public writes below his signature:
Signature affixed by notary in the presence of
(names and addresses of person and 2 witnesses),
and
5. The notary public notarizes his signature by
acknowledgment or jurat. (Sec. 1(c), Rule IV, A.M. 02-
8-13-SC
How should a notary public notarize a paper
instrument or document?
In notarizing a paper instrument or document, a notary
public shall:
1. Sign by hand on the notarial certificate only the name
indicated and as appearing on the notary's
commission;
2. Not sign using a facsimile stamp or printing device; and
3. Affix his official signature only at the time the notarial
act is performed.(Sec. 1, Rule VII, A.M. 02-8-13-SC)
PROHIBITIONS
A. General Rule: A notary public shall not perform a
notarial act outside his regular place of work or
business.
Exceptions: A notarial act may be performed at the
request of the parties in the following sites located
within his territorial jurisdiction:
1. Public offices, convention halls and similar
places where oaths of office may be
administered;
2. Public function areas in hotels and similar
places for the signing of instruments or
documents requiring notarization;
3. Hospitals and medical institutions where a
party to the instrument or document is
confined for treatment; and
4. Any place where a party to the instrument or
document requiring notarization is under
detention.
What is the phrase regular place of work or business of
a notary public mean?
The regular place of work or business refers to a
stationary office in the city or province wherein the
notary public renders legal and notarial services. (Sec.
11, Rule II, 2004 Rules on Notarial Practice)
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Legal & Judicial Ethics (EH 307) Atty. Lood
Can a notary public perform a notarial act outside his
jurisdiction and his regular place of work or business?
General Rule: A notary public shall not perform a
notarial act outside his jurisdiction and his regular
place of work or business.
Exceptions: A notarial act may be performed at the
request of the parties in the following sites, other
than his regular place of work or business, located
within his territorial jurisdiction.
B. A notary public shall not perform a notarial act if the
person involved as signatory to the instrument or
document
(1) is not in the notarys presence personally at
the time of the notarization; and
(2) is not personally known to the notary public
or otherwise identified by the notary public
through competent evidence of identity as
defined by these rules.
2. The oath or affirmation of one credible witness not privy
to the instrument, document or transaction who is
personally known to the notary public and who
personally knows the individual, or of two credible
witnesses neither of whom is privy to the instrument,
document or transaction who each personally knows
the individual and shows to the notary public
documentary identification.
(Amendment to Sec. 12 (a), Rule II of the 2004 Rules
on Notarial Practice, Feb. 19, 2008).
Note: These are in addition to the presentation of the
signatories Community Tax Certificate (CTC) as
required by Notarial Law
When an individual subject to the community tax
acknowledges any document before a notary public it
shall be the duty of any person, officer, or corporation
with whom such transaction is made to require such
individual to exhibit the community tax certificate.
What is competent evidence of identity?
DISQUALIFICATIONS
Refers to the identification of an individual based on: 1. At
A notary public is disqualified from performing a notarial
least one current identification document issued by an
official agency bearing the photograph and signature of act if he:
the individual such (a) is a party to the instrument or document that is to be
as but not limited to: notarized;
a. Passport, (b) will receive, as a direct or indirect result, any
b. Drivers license, commission, fee, advantage, right, title, interest,
cash, property, or other consideration, except as
c. Professional Regulation Commission ID,
provided by the Rules on Notarial Practice and by
d. National Bureau of Investigation clearance,
law; or
e. Police clearance, (c) is a spouse, common-law partner, ancestor,
f. Postal ID, descendant, or relative by affinity or consanguinity of
g. Voters ID, the principal within the fourth civil degree. (Sec. 3,
h. Barangay Certification, Rule IV, A.M. No. 02-8-13-SC)
i. Government Service Insurance System e-card,
j. Social Security System card, Note: The function of a notary public is, among others,
to guard against any illegal or immoral arrangements.
k. Philhealth card,
That function would be defeated if the notary public is
l. Senior Citized card,
one of the signatories to the instrument. For then, he
m.Overseas Workers Welfare Administration (OWWA) would be interested in sustaining the validity thereof
ID, as it directly involves himself and the validity of his
n. OFW ID, own act. It would place him in an inconsistent position,
o. sea mans book, and the very purpose of the acknowledgment, which is
p. alien certificate of registration, to minimize fraud, would be thwarted. (Villarin v.
q. government office ID, Sabate, A.C. No. 3224, Feb. 9, 2000)
r. certification from the National Council for the
Welfare of Disabled Persons (NCWDP),
s. Department of Social Welfare Development (DSWD)
certification; or
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Legal & Judicial Ethics (EH 307) Atty. Lood
When may a notary public refuse to notarize even if the
appropriate fee is tendered?
(1) The notary knows or has good reason to believe that
the notarial act or transaction is unlawful or
immoral;
(2) The signatory shows a demeanor which engenders in
the mind of the notary public reasonable doubt as to
the former's knowledge of the consequences of the
transaction requiring a notarial act;
(3) In the notary's judgment, the signatory is not acting of
his or her own free will; (Sec. 4, Rule V, A.M. No. 02-
8-13-SC) or
(4) If the document or instrument to be notarized is
considered as an improper document by the Rules
on Notarial Practice.
Note: Improper instrument/document is a blank or
incomplete instrument or an instrument or document
without appropriate notarial certification. (Sec. 6, Rule
V, A.M. No. 02-8-13-SC)
NOTARIAL CERTIFICATE
What is a Notarial Register?
It refers to the part of, or attachment to a notarized
instrument or document that is completed by the
notary public which bears the notary's signature and
seal, and states the facts attested to by the notary
public in a particular notarization as provided for by
the Rules on Notarial Practice. (Sec. 8, Rule II, A. M.
No. 02-8- 13)
What must the notarial certificate contain?
1. The name of the notary public as exactly indicated in
the commission;
2. The serial number of the commission of the notary
public
3. The words Notary Public and the province or city
where the notary public is commissioned, the
expiration date of the commission and the office
address of the notary public; and
4. The Roll of Attorneys number, the Professional Tax
Receipt number and the place and date of issuance
thereof and the IBP Membership number (Rule VIII,
Section 2).
NOTARIAL REGISTER
What is a Notarial Register?
It refers to a permanently bound book with numbered
pages containing a chronological
(SandeeSuan) Success isnt about
being the best.
Its about always
getting better.
record of notarial acts performed by a notary public.
(Sec. 5, Rule II, A.M. No. 02-8-13-SC)
Note: The notary public shall give to each instrument or
document executed, sworn to, or a c k n o w l e d g e d
b e f o re h i m a n u m b e r corresponding to the one
in his register, and shall also state on the instrument or
document the page/s of his register on which the same
is recorded. No blank like shall be left between entries.
What are the effects of notarization?
1. The notary, in effect, proclaims to the world that:
a. All the parties therein personally appeared before
him;
b. They are personally known to him;
c. They are the same persons who executed the
instrument;
d. He inquired into the voluntariness of the
execution of the instrument;
e. They acknowledge personally before him that
they voluntarily and freely executed the same.
2. Converts a private document into a public one and
renders it admissible in court without further proof of
its authenticity.
3. Documents enjoy a presumption of regularity. It
constitutes prima facie evidence of the facts which
give rise to their execution and of the date of said
execution, but not of the truthfulness of the
statement.
Who can revoke a notarial commission?
The notarial commission may be revoked by
1. The Executive Judge of the RTC who issued the
commission on any ground on which an application
for commission may be denied (Sec. 1, Rule XI, A.M.
No. 02-8-13- SC,) or;
2. By the Supreme Court itself in the exercise of its
general supervisory powers over lawyer.
Grounds for Revocation of Notarial Commission
(a) The executive Judge shall revoke a notarial commission
for any ground on which an application for a
commission may be denied.
(b) In addition, the Executive Judge may revoke the
commission of, or impose appropriate administrative
sanctions upon, any notary public who:
1. Fails to keep a notarial register;
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Legal & Judicial Ethics (EH 307) Atty. Lood
 2. Fails to make the proper entry or entries in his maintains the trust and confidence of the people in the
notarial register concerning his notarial acts; judicial system and unfortunately keeps the peace and
3. Fails to send the copy of the entries to the order in the community
Executive Judge within the first ten (10) days of
the month following; If the administration of justice is liberated from ethical
4. Fails to affix to acknowledgments the date of and moral rules, and is left free-wheeling, judges and
expiration of his commission; magistrates cannot be expected to be free,
5. Fails to submit his notarial register, when filled, to independent, honest, diligent and impartial. Corollarily,
the Executive Judge; litigants will not find nor enjoy the cold neutrality of
6. Fails to make his report, within a reasonable time, independent, wholly-free disinterest and impartial
to the Executive Judge concerning the tribunals.
performance of his duties, as may be required
DEFINITIONS
by the judge;
7. Fails to require the presence of a principal at the
is a board or other tribunal which
time of the notarial act; Court - decides a
8. Fails to identify a principal on the basis of personal
litigation or contest
knowledge or competent evidence;
is a public officer who, by virtue of his
9. Executes a false or incomplete certificate under office, is
Section 5, Rule IV; clothed with judicial authority; a
Judge - public officer
10. Knowingly performs or fails to perform any other
lawfully appointed
act prohibited or mandated by these Rules; and an officer of the aw fully vested with
11. Commits any other dereliction or act which in the - all of the
powers and functions conceded
judgment of the Executive Judge constitutes under the law
to a judge, which relate to the
good cause for revocation of commission or administration
imposition of administrative sanction. (Sec. 1, of justice within the jurisdiction over
which he
Rule XI, Rule on Notarial Practice)
presides
an officer of a court who has been
Date: February 23, 2017 De Jure - duly and
Judge legally elected or appointed
an officer of the law fully vested with
Judicial Ethics - all the
powers and functions conceded
It is the branch of moral science which treats of the right under the law
to a judge, which relate to the
and proper conduct to be observed by all judges and administration
magistrates in trying and deciding controversies of justice within the jurisdiction over
which he
brought before them for adjudication which conduct
presides.
and behavior must be demonstrative of independence,
integrity, impartiality, equality, propriety, competence,
an officer who is not fully vested with
and diligence. De Facto - all the
While all these virtues are important, the freedom from powers and duties conceded to
judges but,
improprieties must be observed in both the public and one who exercises the office of
Judge judge under
private life of a judge being the visible
some color of right
representation of the law. a judge who in good faith continues to
- act and is
recognized by common error after
Importance of Judicial Ethics the
abolition of his court by statute is
Without it, no judicial system can work. It is preventive deemed
of anarchy and tyranny for it is both legal and moral judge de facto of the new court
which
mechanism that keeps and succeeds to the jurisdiction of that
presided
over by him

Supreme Court and Court of Appeals Justices

1. Natural-born citizen of the Philippines;
2. At least 40 years of age; Regional Trial Court Judges
3. Must have been for 15 years or more a judge of a lower 1. Natural-born citizen of the Philippines;
court or engaged in the practice of law; 2. At least 35 years of age;
4. Must be a person of proven competence, integrity, 3. For at least 10 years has been engaged in the practice
probity and independence. of law in the Philippines or has held a public office in
the Philippines requiring
(SandeeSuan) Success isnt about
being the best.
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Legal & Judicial Ethics (EH 307) Atty. Lood
 admission to the practice of law as an indispensable Canon 4 Propriety
requisite. Canon 5 Equality
4. Must be a person of proven competence, integrity, Canon 6 Competence and Diligence

probity and independence.

 CANON 1. INDEPENDENCE
Municipal Trial Court Judges
Judicial Independence is a pre-requisite to the Rule of Law
1. Natural-born citizen of the Philippines; and a fundamental guarantee of a fair
2. At least 30 years of age; trial. A judge shall, therefore, uphold and
3. For at least 5 years has been engaged in the practice of exemplify judicial independence in both its individual
law in the Philippines or has held public office in the and institutional aspects.
Philippines requiring admission to the practice of law Independence means freedom from the influence,
as an indispensable requisite. guidance or control of others. Applied to legal ethics, it
4. Must be a person of proven competence, integrity, is referred to as judicial independence.
probity and independence.
The independence required of a judge covers both
New Code of Judicial Conduct for the Philippine
individual independence and institutional
Judiciary (A.M. No. 03-05-01-SC, 1 June 2004) independence.
took effect on 1 June 2004; Individual Judicial Institutional Judicial
inspired by the revised Bangalore Draft of the Code
Independence Independence
of Judicial Conduct adopted by the Judicial
Group on Strengthening Judicial Integrity in the
 Round Table Meeting of Chief Justices held at the As a person, the judge As the court, no branch
Peace Palace, in The Hague on Nov 25-26, 2002; must be free from the of the government or
influence of other agencies thereof could
The Bangalore Draft is founded on the ff principles: persons like members dictate upon it in the
of the family and performance of its
(a) A competent, independent and impartial judiciary is
friends. judicial duties
essential if the courts are to fulfill their role in
upholding constitutionalism and the rule of law; Must maintain and fight
(b) Public confidence in the judicial system and in the No personal relationship for the institutional
moral authority and integrity of the judiciary is of shall influence him to and operational
utmost importance in a modern democratic society. do or not to do what is
independence of
(c) It is essential that judges, individually and collectively, requested of him
courts from the
respect and honor judicial office as a public trust and whether right or wrong
extraneous influences
strive to enhance and maintain confidence in the or pressures arising
judicial system
from other branches
Focuses on each or agencies of the
particular case and government, whether
seeks to insure the local or foreign
judges ability to decide Focuses on the
cases with autonomy independence of the
within the constraints judiciary as a branch of
of the law government and
protects judges as a
class.
Significance of the New Code
It updates and correlates the Code of Judicial Conduct
and the Canons of Judicial Ethics and stresses the
Philippines solidarity with the universal glamour for a
universal code of judicial ethics.
SECTION 1. 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, inducement, pressure, threat or interference,
direct or indirect, from any quarter or for any reason.

The New Code of Judicial Conduct for the Philippine Judges should not be swayed by the pressure of public
Judiciary is divided into 6 Canons opinion
Canon 1 Independence Judges who gives in to pressures loses his independence
Canon 2 Integrity A judge is expected to be fearless in the pursuit of
Canon 3 Impartiality rendering justice, to be unafraid to displease any
Success isnt about
being the best.
(SandeeSuan)
Its about always getting
better. Page !24 of !40
Legal & Judicial Ethics (EH 307) Atty. Lood
 person, interest or power and to be equipped with a
moral fiber strong enough to resist temptations.
May a judge decide cases on the basis of his personal
beliefs on what he considers to be substantial
justice in a particular case before him?
No. A judge should always apply the law in deciding
cases before him. He may not substitute his personal
beliefs for what the law states and disregard the latter,
even if he disagrees with a particular law or doctrine
enunciated by the Supreme Court.
May a judge, in deciding a case, be guided by popular
opinion for fear that his judgement might be criticized
should he decide the other way?
No. A judge is expected to decide cases only on the basis
of applicable law on the matter, not on any other
extraneous factors, such as public opinion, personal
convictions and partisan interests.
SECTION 2. In performing judicial duties, judges shall be
independent from judicial colleagues in respect of
decisions which the judge is obliged to make
independently.
Lawyers are expected to lawfully influence/ convince
judges by their pleading and arguments. But for
judges, the must not interfere or intervene in works o
these fellow judges.
Every judge must decide independently
In collegial courts, while there may be discussions and
exchange of ideas among justices, which ideas may
sway one or the other, at the end of such discussion,
the judge must decide on the basis of his own sole
judgement.
SECTION 3. Judges shall refrain from influencing in any
manner the outcome of litigation or dispute pending
before another court or administrative agency.
A judge who tries to influence the outcome of a litigation
pending before another court not only subverts the
independence of the judiciary but also undermines the
peoples faith in its integrity and impartiality.
Any attempt, whether successful or not, to influence the
decision-making process of another judge, especially
one who is of lower rank and over which he exercises
supervisory authority, is serious misconduct.
(SandeeSuan) Success isnt about
being the best.
Its about always
getting better.
SECTION 4. Judges shall not allow family, social or other
relationships to influence judicial conduct or judgment.
The prestige of judicial office shall not be used or lent to
advance the private interests of others, nor convey or
permit others to convey the impression that they are in
a special position to influence the judge.
Judges should ensure that their family members, friends,
associates refrain from creating the impression that
they are in a position to influence the judge.
Judge shall not lend the prestige of his office to others.
Judges family includes his:
- Spouse;
- Son/Daughter;
- Son-in-Law/Daughter-in0 Law;
- Any other relative by consanguinity or affinity within
the 6th civil degree
- Any person who is a companion or employee of the
judge and who lives in the judges household
Judges should ensure that their family members, friends
and associates refrain from creating the impression
that they are in a position to influence the judge.
Judges should, therefore, at all times remind
themselves that they are not in the judiciary to give
out favors but to dispense justice. They should also
make it clear to the members of their family, friends
and associates that they will neither be influenced by
anyone, nor would they allow anyone to interfere in
their work.
SECTION 5. Judges shall not only be free from
inappropriate connections with, and influence by, the
executive and legislative branches of government, but
must also appear to be free therefrom to a reasonable
observer.
Rationale: To protect the independence and separation
of the judiciary
SECTION 6. Judges shall be independent in relation to
society in general and in relation to the particular
parties to a dispute which he or she has to adjudicate.
It is desirable that the judge should, as far as reasonably
possible, refrain from all relations which would
normally tend to arouse suspicion that such relations
warp or bias his judgment, and
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Legal & Judicial Ethics (EH 307) Atty. Lood
 prevent an impartial attitude of minds in the
administration of judicial duties.Judges should not
fraternize with litigants and their counsel; they should
make a conscious effort to avoid them in order to avoid
the perception that their independence has been
compromised.
It is not however necessary that they totally live in
seclusion like hermits. They may still commingle in
society but with limitations. They must not
compromise their independence.
SECTION 7. Judges shall encourage and uphold safeguards
for the discharge of judicial duties in order to maintain
and enhance the institutional and operational
independence of the Judiciary.
SECTION 8. Judges shall exhibit and promote high
standards of judicial conduct in order to reinforce public
confidence in the Judiciary, which is fundamental to the
maintenance of judicial independence.
There can be no sure guarantee of judicial independence
than the character of those appointed to the Bench.
The judge should always be imbued with a high sense of
duty and responsibility in the 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 (Dimatulac v.
Villon, G.R. No. 127107, Oct. 12, 1998)
Who are good judges?
Good judges are described as those who
1. Have the mastery of the principles of law,
2. Discharge their duties in accordance with law,
3. Are permitted to perform the duties of the office
undeterred by outside influence, and
4. Are independent and self-respecting human units in a
judicial system equal and coordinate with the other
two departments of the government
(Borromeo v. Mariano, G.R. No. 16808, Jan. 3, 1921)
Date: February 28, 2017
CANON 2. INTEGRITY
Integrity is essential not only to the proper
discharge of the judicial office but also to the personal
demeanor of judges.
(SandeeSuan) Success isnt about
being the best.
Its about always
getting better.
Integrity is a steadfast adherence to a strict moral or
ethical code. It is moral uprightness.
Judges should endeavor to conduct themselves strictly in
accordance with the mandate of the existing laws and
Code of Judicial Ethics that they be exemplars in their
communities and the living personification of justice
and the Rule of Law.
Both in his public and private life, the judge must live
honestly and uprightly being the visible representation
of the law.
Judges must not only be good judges but must appear
as good persons.
Judges are presumed to be honest and men of
integrity unless proven otherwise.
The high qualification required of lawyers to become
judges explains the good and favorable presumption.
When a judge has integrity, it is presumed that he has
the virtues of impartiality, propriety, equality and
independence.
SECTION 1. Judges 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.
A judges official conduct and behavior in the
performance of judicial duties should be free from the
appearance of impropriety and must be beyond
reproach. Even his personal behavior in his everyday
life should be beyond reproach.
A judges conduct should be free from the appearance of
impropriety not only in his official duties but in his
everyday life. One who lives by the precept that might
is right is unworthy to be a judicial officer.
SECTION 2. The behavior and conduct of judges must
reaffirm the people's faith in the integrity of the
Judiciary. Justice must not merely be done, but must
also be seen to be done.
Because appearance is as important as reality in the
performance of judicial functions, like Caesars wife, a
judge must not only be pure but beyond suspicion. A
judge has the duty to not only render a just and
impartial decision, but also render it in such a manner
as to be free from any suspicion as to its fairness and
impartiality, and also as to the judge's integrity.
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Legal & Judicial Ethics (EH 307) Atty. Lood
 Judges and justices not only be professional in both the
substantive and procedural aspect of law, but mere
(cant read it gyud sorry guys)
Some Instances of Improprieties
(a) Conducting in-chambers sessions with one party
without the presence of the other party and his
counsel.
(b) Making the courtroom as a gambling place.
(c) Practicing law by accepting cases of individuals.
(d) Maliciously kissing a female subordinate.
(e) Habitual tardiness which amounts to serious
misconduct and inefficiency
(f) Slapping of court personnel
(g) Non-payment of just debt
SECTION 3. Judges should take or initiate appropriate
disciplinary measures against lawyers or court personnel
for unprofessional conduct of which the judge may have
become aware.
Judges may discipline lawyers and court personnel for
unprofessional conduct
The judge may summarily punish any person including
lawyer and court personnel, for direct contempt for
misbehavior committed in the presence of or so near a
court or a judge as to obstruct or interrupt the
proceedings before the same.
The judge may also punish any person for indirect
contempt after appropriate charge and hearing who is
guilty of the acts enumerated under Section 3, Rule 71
of the Rules of Court.
CANON 3. 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.
Impartiality is a state of mind of the judge where there is
no consciousness or sense of favor for, bias or
prejudice against any party in a case.
the facts established and not by the influence or lack
of influence of the parties involved.
Is impartiality applicable only to the decision
rendered by the judge?
No. 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
What is the principle of cold neutrality of an
impartial judge?
A judge should not only render just, correct, and
impartial decision but should do so in a manner free
from suspicion as to his fairness, impartiality and
integrity. This is an indispensable requisite of due
process. (Rallos v. Gako, A.M. No. RTJ-98-1484, Mar.
17, 2000)
Note: A judge has both the duty of rendering a just
decision and the duty of doing it in a manner
completely free from suspicion as to his fairness and as
to his integrity.
SECTION 1. Judges shall perform their judicial duties
without favor, bias or prejudice.
Just like the lady who symbolizes the statuette of justice
who is blindfolded, the judge does not look at the
persons of the parties but only on the weight of the
evidence on the scale and the applicable law; he must
evince the cold neutrality of a disinterested magistrate
with a duty to apply the law without fear or favor,
malice or prejudice to anyone.
Note: Notatu dignum is the presumption of regularity in
the performance of a judges functions, hence, bias,
prejudice and even undue interest cannot be
presumed, especially weighed against a judges sacred
allegation under oath of office to administer justice
without respect to any person and do equal right to
the poor and the rich.

When a judge is impartial, he decides without regard to
the personalities involved he treats parties equally and
fairly; he resolves the cases based on the weight of the
evidence presented and admitted and applies the law
applicable to
Who has the burden of proof to show bias or
prejudice?
The burden of proof lies with the complainant to show
that there is bias sufficient to be a ground for
inhibition.
(SandeeSuan)
Success isnt about being the best.
Pa
Its about ge
always 27
getting !
better. of
40
!
Legal & Judicial Ethics (EH 307) Atty. Lood
 Note: There is Bias or Prejudice when the resulting
opinion is based upon an extrajudicial source: that is,
some influence other than the facts and law presented
in the courtroom.
Q: What is the degree of proof required to prove bias and
prejudice on the part of the judge?
A: The complainant must prove the same by clear and
convincing evidence since allegations of bias are quite
serious. Mere allegations are not sufficient to
constitute a violation of the rule.
SECTION 2. Judges shall ensure that his or her conduct,
both in and out of court, maintains and enhances the
confidence of the public, the legal profession and
litigants in the impartiality of the judge and of the
Judiciary.
To maintain and enhance the impartiality of the judge
which gives him the credibility and moral ascendancy
to dispense justice fairly to the people, he must always
act both in his public and private life with dignity,
honesty, competence and independence.
A judge should not only possess proficiency in law, but
should likewise possess more integrity for the people
look up to him as a virtuous and upright man.
The people who run the judiciary, particularly judges and
justices, must not only be proficient in both the
substantive and procedural aspects of the law, but
more importantly, they must possess the highest
integrity, probity, and unquestionable moral
uprightness, both in their public and private lives. Only
then can the people be reassured that wheels of
justice in this country run with fairness and equity,
thus creating confidence in the judicial system.
judge has rendered decision free from outside
influence or persuasion, should his colleagues happen
to win, the judge will be under heavy suspicion that he
acted with partiality or unfairly. This suspicion
becomes a seed of distrust in the mind of the public
eroding the public confidence in the judge and judicial
system itself.
SECTION 4. Judges shall not knowingly, while a proceeding
is before or could come before them, make any
comment that might reasonably be expected to affect
the outcome of such proceeding or impair the manifest
fairness of the process. Nor shall judges make any
comment in public or otherwise that might affect the
fair trial of any person or issue.
A judges language, both written and spoken, must be
guarded and measured, lest the best of intentions be
misconstrued. (Fecundo v. Berjamen, G.R. No. 88105,
December 18, 1989)
This Section warns judges against making any comment
that might reasonably be expected to affect the
outcome of the proceedings before them; or those
that the judge may later decide but not yet before him;
or "impair the manifest fairness of the process.
Public comment or statement by judges which might
affect fair trial of cases must be avoided.
Judges should avoid side remarks, hasty conclusions,
loose statements or gratuitous utterances that suggest
they are prejudging a case. Judges should be aware
that the media might consider them a good and
credible source of opinion or ideas, and therefore
should refrain from making any comment on a pending
case. Not only is there danger of being misquoted, but
also of compromising the rights of the litigants in the
case.
SECTION 3. Judges shall, so far as is reasonable, so SECTION 5. Judges shall disqualify themselves from
participating in any proceedings in which they are
conduct themselves as to minimize the occasions on
which it will be necessary for them to be disqualified unable to decide the matter impartially or in which it
from hearing or deciding cases. may appear to a reasonable observer that they are
unable to decide the matter impartially. Such
Judges should avoid activities on occasions which proceedings include, but are not limited to instances
will increase possibility of being disqualified from where:
hearing or deciding cases.
(a) The judge has actual bias or prejudice concerning a
Fraternization without practicing lawyers and party or personal knowledge of disputed
litigants is replete with detriments and drawbacks evidentiary facts concerning the proceedings;
in the administration of justice. Even when the
(SandeeSuan) Its about always getting better. Page !28 of !40
Success isnt about being the best.
Legal & Judicial Ethics (EH 307) Atty. Lood
 interest, signed by them and entered upon the record.
(b) The judge previously served as a lawyer or was a
A judge may, in the exercise of his sound discretion,
material witness in the matter in controversy;
disqualify himself from sitting in a case, for just or valid
(c) The judge or a member of his or her family, has an reasons other than those mentioned above.
economic interest in the outcome of the matter in
Mandatory or Compulsory Voluntary Inhibition
controversy; Disqualification
(d) The judge served as executor, administrator,
guardian, trustee or lawyer in the case or matter
 in controversy, or a former associate of the judge a. when he, or his wife or A judge may, in the
served as counsel during their association, or the child, is pecuniarily exercise of his
judge or lawyer was a material witness therein; interested as heir,
sound discretion,
(e) The judge's ruling in a lower court is the subject of legatee, creditor or
otherwise disqualify himself
review;
b. when he is related to from sitting in a
(f) The judge is related by consanguinity or affinity to
either party within the case, for just or
a party litigant within the sixth civil degree or to sixth degree of valid reasons other
counsel within the fourth civil degree; or consanguinity or affinity,
(g) The judge knows that his or her spouse or child has than those
or to counsel within the
fourth degree, mentioned above.
c. when he has been
executor, administrator,
guardian, trustee or
counsel
d. when he has presided in
any inferior court when
his ruling or decision is
the subject of review
a financial interest, as heir, legatee, creditor,
Disqualification Inhibition
fiduciary, or otherwise, in the subject matter in The rule only provides
controversy or in a party to the proceeding, or any There are specific grounds broad basis
other interest that could be substantially affected enumerated under the
rules if for inhibition
by the outcome of the proceedings.
court for disqualification

Judicial officer has no The matter is left to the

discretion sound
to sit or try the case discretion of the judge.
SECTION 6. A judge disqualified as stated above may,
instead of withdrawing from the proceeding, disclose on
the records the basis of disqualification. If, based on
such disclosure, the parties and lawyers, independently
of the judge's participation, all agree in writing that the
reason for inhibition is immaterial or
unsubstantial, the judge may then participate in the
proceeding. The agreement, signed by all parties and
lawyers, shall be incorporated in the record of the
proceedings.
The rule on inhibition and disqualification of judges is
laid under Section 1, Rule 137 of the Rules of
Court.
RULE 137 of the Rules of Court
DISQUALIFICATION OF JUDICIAL OFFICERS
Section 1. Disqualification of judges. No judge or judicial
officer shall sit in any case in which he, or his wife or
child, is pecuniarily interested as heir, legatee, creditor
or otherwise, or in which he is related to either party
within the sixth degree of consanguinity or affinity, or to
counsel within the fourth degree, computed according
to the rules of the civil law, or in which he has been
executor, administrator, guardian, trustee or counsel, or
in which he has presided in any inferior court when his
ruling or decision is the subject of review, without the
written consent of all parties in
(SandeeSuan) Success isnt about
being the best.
Its about always
getting better.
What is the procedure for disqualification/
inhibition?
Rule 137 of the Rules of Court
Section 2. Objection that judge disqualified, how made
and effect. If it be claimed that an official is
disqualified from sitting as above provided, the party
objecting to his competency may, in writing, file with
the official his objection, stating the grounds therefor,
and the official shall thereupon proceed with the trial,
or withdraw therefrom, in accordance with his
determination of the question of his disqualification. His
decision shall be forthwith made in writing and filed
with the other papers in the case, but no appeal or stay
shall be allowed from, or by reason of, his decision in
favor of his own competency, until after final judgment
in the case.
Time when Petition for Disqualification be filed
The petition to disqualify a judge must be filed before
rendition of the judgement, and cannot be raised on
appeal. Otherwise, the parties are deemed to have
waived any objection regarding the impartiality of the
judge.
What is remittal of disqualification?
A: A judge disqualified may, instead of withdrawing from
the proceeding, disclose in the records the
Page 29! of 40!
Legal & Judicial Ethics (EH 307)
basis of disqualification. If, based on such
d i s c l o s u re , t h e p a r t i e s a n d l a w y e r s ,
independently of the judges participation, all
agree in writing that the reason for the inhibition is
immaterial or insubstantial; the judge may then
participate in the proceeding. The agreement,
signed by all parties and lawyers, shall be
incorporated in the record of the proceedings.
CANON 4 PROPRIETY:
Propriety and the appearance of propriety are
essential to the performance of all the activities of
a judge.
Propriety means appropriateness.
It must be open and manifest to a reasonable
observer. It is required in all the actives of a
judge.
SECTION 1. Judges shall avoid impropriety and the
appearance of impropriety in all of their activities.
The public holds judges to higher standards of
integrity and ethical conduct than lawyers and
other persons not invested with public trust.
Being the visible representation of law and justice,
judge should always conduct themselves within
the confines of proper judicial deportment and
behave in a manner short of reproach.
It prohibits not only actual impropriety but even
the mere appearance of impropriety.
Instances of Improprieties Committed by Judges
1. Judge getting out of a private room in a resort with
one hit his lady subordinates
2. Judge king his gun to another in a restaurant
while in a state of intoxication
3. Fraternizing with litigants
4. Hearing a Motion while a judge was on vacation in
his room and in improper attire
5. Judge boxing a driver
6. Maliciously kissing a personnel of the court
Atty. Lood
should do so freely and willingly. In particular, judges
shall conduct themselves in a way that is consistent
with the dignity of the judicial office.
Membership in the judiciary circumscribes ones
personal conduct and imposes upon him certain
restrictions, the faithful observance of which, is
the price one has to pay for holding such a
distinguished position. Accordingly, a magistrate
of the law must comport himself in a manner that
his conduct must be free of a whiff of impropriety,
not only with respect to the performance of his
official duties, but also to his behavior outside his
sala and as a private individual. His conduct must
be able to withstand the most searching public
scrutiny, for the ethical principles and sense of
propriety of a judge are essential to the
preservation of the peoples faith in the judicial
system lest public confidence in the judiciary
would be eroded by the incompetent,
irresponsible and negligent conduct of judges.
SECTION 3. Judges shall, in their personal relations with
individual members of the legal profession who practice
regularly in their court, avoid situations which might
reasonably give rise to the suspicion or appearance of
favoritism or partiality.
This section is directed at bolstering the principle of
cold neutrality of an impartial judge as it requires
judges to scrupulously guard against any act that
may be construed as an expression of bias in
favor of a litigant.
Note: Constant company with a lawyer tends to
breed intimacy and camaraderie to the point that
favors in the future may be asked from the judge
which he may find it hard to resist. If a judge is
seen eating and drinking in public places with a
lawyer who has cases pending in his or her sala,
public suspicion may be aroused, thus tending to
erode the trust of litigants in the impartiality of the
judge. (Padilla v. Zantua, G.R. No. 110990, Oct.
1994)
 7. Borrowing money from a litigant without intention
to pay SECTION 4. Judges shall not participate in the
8. Hurling intemperate language unbecoming of a determination of a case in which any member of their
judge family represents a litigant or is associated in any
manner with the case.

SECTION 2. As a subject of constant public scrutiny, This rule rests on the principle that no judge should
judges must accept personal restrictions that might be preside in a case in which the judge is not wholly
viewed as burdensome by the ordinary citizen and free, disinterested, impartial and independent.
(SandeeSuan) Its about always getting better. Page !30 of !40
Success isnt about being the best.
Legal & Judicial Ethics (EH 307) Atty. Lood

SECTION 5. Judges shall not allow the use of their
residence by a member of the legal profession to
receive clients of the latter or of other members of the
legal profession.
It is improper for a judge to allow a practitioner to
receive his clients in his (judges) residence.
Such a scenario will create the wrong impression that
the judge and the lawyer are partners in practice of
law.
The reason is that judges are required to always exhibit
cold neutrality of an impartial judge.
SECTION 8. Judges shall not use or lend the prestige of the
judicial office to advance their private interests, or those
of a member of their family or of anyone else, nor shall
they convey or permit others to convey the impression
that anyone is in a special position improperly to
influence them in the performance of judicial duties.
General Rule: A judge shall not use or disclose
confidential information acquired by him in his judicial
capacity.
EXCEPTION: If the purpose is not related to the judicial
duties of the judge.
 What are the acts prohibited by the rule?
SECTION 6. Judges, like any other citizen, are entitled to
1. Judges act of using judicial office to advance private
freedom of expression, belief, association and assembly,
interests
but in exercising such rights, they shall always conduct
2. Judges act of giving impression that he can be
themselves in such a manner as to preserve the dignity
influenced to use the judicial office to advance the
of the judicial office and the impartiality and
private interests of others.
independence of the Judiciary.
Judges in the exercise of their civil liberties, should be SECTION 9. Confidential information acquired by judges in
circumspect and ever mindful of their continuing their judicial capacity shall not be used or disclosed for
commitment to uphold the judiciary and its values
any other purpose related to their judicial duties.
places upon them certain implied restraints to their
freedom. A judge was admonished for the appearance The prohibition will discourage, if not stop judges from
of engaging in partisan politics when he participated in making business speculations in some business
a political rally sponsored by one party, even though he ventures, the secrets of which they learned by reason
only explained the mechanics of block voting to the of their position as judge.
audience. (Macias v. Arula, A.M. No. 1895-CFI, July 20,
1982)
Date: March 1, 2017
 SECTION 10. Subject to the proper performance of judicial
SECTION 7. Judges shall inform themselves about their
duties, judges may:
personal fiduciary and financial interests and shall make
(a) Write, lecture, teach and participate in activities
reasonable efforts to be informed about the financial
concerning the law, the legal system, the
interests of members of their family.
administration of justice or related matters;
A judge shall refrain from financial and business dealings (b) Appear at a public hearing before an official body
that tend to reflect adversely on the court's concerned with matters relating to the law, the
impartiality, interfere with the proper performance of legal system, the administration of justice or related
judicial activities, or increase involvement with lawyers matters;
or persons likely to come before the court. (c) Engage in other activities if such activities do not
They can better observe the directives in Section 4 detract from the dignity of the judicial office or
(A) (h) of RA 6713 (Code of Conduct and Ethical otherwise interfere with the performance of judicial
Standards for Public Officials and Employee) that public duties.
officials and their families shall lead modest lives This section allows the judge to participate in legal
appropriate to their positions and income. They shall academia and public discourse on legal matters with
not indulge in extravagant amor ostentatious display of the proviso that there shall be no interference in the
wealth in any form.
performance of the judges primary functions with
respect to his or her jurisdiction. In dealing with the
media however, the Philippine
(SandeeSuan) Success isnt about
being the best. Page 31! of 40!
Its about always
getting better.
Legal & Judicial Ethics (EH 307) Atty. Lood
 Judicial Academy suggests that a judge or court should
avoid acrimonious debate with reporters and the
public, for a knee jerk reaction from the court or judge
may only provoke negative follow-up reports and
articles.
This sections tolerance of judicially-related activities is
limited by Sec. 12, Article VIII of the Constitution,
which prohibits judges from being designated to any
agency performing quasi-judicial or administrative
functions.
SECTION 11. Judges shall not practice law whilst the holder
of judicial office.
This prohibition is based on the inherent incompatibility
of the rights, duties and functions of the office of an
attorney with the powers, duties and functions of a
judge.
Note: Sec. 35 of Rule 138 of the Rules of Court prohibits
judges from engaging in the practice of law or giving
professional advice to clients.
Philippine courts not only prohibit judges from overtly
representing clients as counsel of record, but also from
acting more subtly in a way more befitting an advocate
than a judge.
SECTION 12. Judges may form or join associations of judges
or participate in other organizations representing the
interests of judges.
This rule recognizes the difference between membership
in associations of judges and membership in
associations of other legal professionals. While
attendance at lavish events hosted by lawyers might
create an appearance of impropriety, participation in
judges-only organizations does not.
SECTION 13. Judges and members of their families shall
neither ask for nor accept, any gift, bequest, loan or
favor in relation to anything done or to be done or
omitted to be done by him or her in connection with the
performance of judicial duties.
Gift refers to a thing or a right to dispose of
gratuitously, or any act or liberality, in favor of another
who accepts it, and shall include a simulated sale or an
ostensibly onerous disposition thereof. It shall not
include an
(SandeeSuan) Success isnt about
being the best.
unsolicited gift of nominal or insignificant value not
given in anticipation of, or in exchange for, a favor from
a public official or employee (Sec. 3 (c), RA No. 6713)
Loan covers both simple loan and commodatum as
well as guarantees, financing arrangements or
accommodations intended to ensure its approval
(Sec. 3 (c), RA No. 6713).
Favor refer to any benefit or advantage received from
a person not related to the judge which is not included
in the concept of a gift or loan.
Section 13 should be read in conjunction with Section
7(d) of R.A. 6713 (Code of Conduct and Ethical
Standards for Public officials and Employee) which
provides that, public officials and employees shall not
solicit or accept, directly or indirectly, any gift, gratuity,
favor, entertainment, loan or anything of money value
from any person in the course of their official duties or
in connection with any operation being regulated by,
or any transaction which may be affected by the
functions of their office.
Acceptance of Gifts, Bequests, Loans or Favors from
Anyone is Prohibited
There are many laws which prohibit a judge or any public
officer for that matter, to accept gifts, bequests or
favors or loans from anyone, except when provided by
law.
Bribery, Indirect and Direct
Anti-Graft and Corrupt Practices Act
Void Donations
Loans prohibited under the Constitution
SECTION 14. Judges shall not knowingly permit court staff
or others subject to their influence, direction or
authority, to ask for, or accept, any gift, bequest, loan or
favor in relation to anything done, to be done or
omitted to be done in connection with their duties or
functions.
The judge cannot be allowed to do indirectly what he is
not allowed to do direct by permitting other persons
like his subordinates or staff to do or not to do or omit
to do certain acts in consideration of a gift, bequest,
loan or favor. All will be liable under the law.
Its about alwa
Page 32! of 40!
Legal & Judicial Ethics (EH 307) Atty. Lood

SECTION 15. Subject to law and to any legal requirements
of public disclosure, judges may receive a token gift,
award or benefit as appropriate to the occasion on
which it is made, provided that such gift, award or
benefit might not be reasonably perceived as intended
to influence the judge in the performance of official
duties or otherwise give rise to an appearance of
partiality.
Judges are allowed to accept token gifts, awards, or
benefits when given as a consequence of a special
occasion.
To avoid any misrepresentation, the section describes
the gift as token gift to indicate that it is just a
symbiotic gesture. It is not something of value given as
compensation or bribe.
CANON 5 EQUALITY
Ensuring equality of treatment to all before the courts is
essential to the due performance of the
judicial office.
Equality of Treatment The judge must treat all litigants
with equality regardless of their race, nationality, sex
or religion. He should not play favorite. He cannot be
respectful to the rich but disrespectful to the poor. The
canon requires equal treatment to all who have legal
business to do with the court.
SECTION 1. Judges shall be aware of and understand
diversity in society and differences arising from various
sources, including, but not limited to, race, color, sex,
religion, national origin, caste, disability, age, marital
status, sexual orientation, social and economic status,
and other like causes.
By adhering to the principle of equality to all, judges
shall not entertain bias or prejudice by reason of the
race, color, sex, marital status, sexual orientation,
social and economic status of litigants seeking justice
in court.
Judges must treat all fairly and equally despite their
striking diversities and differences in many aspects of
their life status and experience.
To render substantial justice and maintain public
confidence in the judicial system, judges are expected
to be aware of the diversity in society that results from
an increased worldwide exchange of people and ideas.
(SandeeSuan) Success isnt about
being the best.
A judge must be able to render substantial justice and
maintain public confidence in the judicial system, by
being aware of the diversity in society. With that
awareness, a judge should not yield to first impression,
reach hasty conclusions or prejudge matters.
SECTION 2. Judges shall not, in the performance of judicial
duties, by words or conduct, manifest bias or prejudice
towards any person or group on irrelevant grounds.
Magistrates of law must comport themselves at all times
in such a manner that their conduct, can withstand the
highest level of public scrutiny.
Judges should avoid private remarks, hasty conclusions, or
distasteful jokes that may give even
erroneous impressions of prejudice and lead the public
to believe that cases before them are being prejudged.
Litigants are entitled to no less than the cold neutrality
of an impartial judge.
SECTION 3. Judges shall carry out judicial duties with
appropriate consideration for all persons, such as the
parties, witnesses, lawyers, court staff and judicial
colleagues, without differentiation on any irrelevant
ground, immaterial to the proper performance of such
duties.
As arbiters of the law, judges should be conscientious,
studious, courteous, patient and punctual in the
discharge of their judicial duties, recognizing that time
of litigants, witnesses and counsel is of value.
Right attitude of a judge to lawyers, litigants, witnesses
and all others appearing before his court
Judges should act with decorum toward jurors, parties,
court staff, spectators, and alike.
In addressing counsel, litigants or witnesses should avoid
a controversial tone or tone that creates animosity.
Judges should always be aware that disrespect to
lawyers generates disrespect to them. There must be
mutual respect.
Its about alwa
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Respect is not a one-way ticket where the judge should
be respected but free to insult lawyers and
others who appear in his court.
If the judge indulges in the intemperate language, the
lawyer can return the attack on his person and
character through an administrative case against the
judge.
All personnel involved in the dispensation of justice
should conduct themselves with a high degree of
responsibility.
A judge who knowingly permit his court personnel or
others subject this control to do the above acts of
discrimination or differentiation will be committing a
breach of the New Code.
Patience, attention and courtesy to inexperience
lawyers is specially directed
Judges must muster all the patience and attention they
could in order not to discourage the beginners in the
practice of law. Rather than battering them with
insulting remarks and embarrassing questions the
good judge would rather courteously guide the
youthful or inexperienced lawyers with kinds words of
advice and encouragement, inspiring them in the
process to study harder and excel in the field of
lawyering, if there is a need for some kind of
admonition, the good judge can call the lawyer in
chambers where he can advise them privately like a
father advising his own son rather than beating him
publicly in the courtroom and in the presence of his
clients.
Arrogance of judges must be repressed
Judges must not even think or believe that litigants are
made for the courts and not the courts for the litigants
It is a fundamental principle in our democratic system of
government that no official, no matter how high, is
above the law.
SECTION 4. Judges shall not knowingly permit court staff or
others subject to his or her influence, direction or
control to differentiate between persons concerned, in a
matter before the judge, on any irrelevant ground.
Duties of judges under this section
1. To ensure that court personnel under their supervision
do not discriminate by dispensing special favors or
disclosing confidential information to any
unauthorized person, regardless of whether such
information came from authorized or unauthorized
sources; and
2. To organize their courts to ensure the prompt and
convenient dispatch of business and should not
tolerate misconduct by clerks, sheriffs and other
assistants who are sometimes prone to expect favors
or special treatment due to their professional
relationship with the judge.
(SandeeSuan) Success isnt about
being the best.
Its about always
getting better.
SECTION 5. Judges shall require lawyers in proceedings
before the court to refrain from manifesting, by words
or conduct, bias or prejudice based on irrelevant
grounds, except such as are legally relevant to an issue
in proceedings and may be the subject of legitimate
advocacy.
Judges should conduct proceedings in court with dignity
and in a manner that reflects the importance and
seriousness of proceedings. They should maintain
order and proper decorum in the court.
Every court has the inherent power among others, to
preserve and enforce in its judgements, orders and
processes and to control, in furtherance of justice, the
conduct of its officers.
Judges should take or initiate appropriate
disciplinary measures against lawyers or court
personnel for unprofessional conduct of which the
judge may have become aware.
Judges can order lawyers to stop from abusing,
browbeating or harassing or unnecessarily
inconveniencing witnesses.
Judges can admonish or even hold in contempt of court
lawyers who persist in making disturbing acts or
mouthing libelous and scurrilous statements in court.
CANON 6 COMPETENCE AND DILIGENCE
Competence and diligence are prerequisites to the due
performance of judicial office.
Membership in the bench requires, among others
stringent qualifications, proven competence, integrity,
probity, and independence.
Judges must have both competence and diligence to be
able to cope with the heavy and serious
responsibilities and duties attached to their offices.
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Legal & Judicial Ethics (EH 307) Atty. Lood

A judge upon assumption to office, becomes the visible
representation of law and of justice, hence,
the Constitution (Section 7 (3), Article VIII),
prescribes that he must be a person of proven
competence as a requisite of his membership in the
judiciary.
As members of the judiciary, judges ought to know the
fundamental legal principles; otherwise, they are
susceptible to administrative sanction for gross
ignorance of the law. (Heirs of Piedad v. Estrella, A.M.
No. RTJ-09-2170, Dec. 16, 2009)
SECTION 1. The judicial duties of a judge take precedence
over all other activities.
Primary duty of judges to hear and decide cases
brought to them for trial and adjudication.
Judges cannot malinger or refrain from their duty to
decide complicated or controversial cases. Unless
there are clear and valid grounds for their
disqualification or inhibition, they must not recuse
from such cases.
What are the duties of a judge under this section?
1. A judge must perform his judicial duties with regard to a
case where he is not disqualified to do so and, may
not divest himself of such case if he is not so
disqualified; and
As an administrative officer of the court, a judge should
organize and supervise the court personnel
to ensure prompt and efficient dispatch of business and
require at all times the observance of high standards of
public service and fidelity.
A judge is expected to ensure that the records of the
cases signed to his sala are intact. There is no
justification for missing records save fortuitous events.
SECTION 3. Judges shall take reasonable steps to maintain
and enhance their knowledge, skills and personal
qualities necessary for the proper performance of
judicial duties, taking advantage for this purpose the
training and other facilities which should be made
available, under judicial control, to judges.
One who accepts the exalted position of a judge owes
the public and the Court the duty to maintain
professional competence at all times. When a judge
displays an utter lack of familiarity with the rules, he
erodes the confidence of the public in the courts. A
judge owes the public and the Court the duty to be
proficient in the law and is expected to keep abreast of
laws and prevailing jurisprudence. Ignorance of the law
by a judge can easily be the mainspring of injustice
(Villanueva v. Judge Buaya, A.M. No. RTJ-08-2131,
November 22, 2010)
2. A judge shall not inhibit himself simply to avoid sitting
on difficult or controversial cases.
SECTION 2. Judges shall devote their professional activity
to judicial duties, which include not only the
performance of judicial functions and responsibilities in
court and the making of decisions, but also other tasks
relevant to the judicial office or the courts operations.
A judge does not only hear and decide cases, but also
performs other important tasks like the management
and supervision of court personnel and operations.
Ignorance of the Law Excuses No One Ignorance of the
law, which everyone is bound to know, excuses
no one much more so judges.
Everyone, especially a judge, is presumed to know the
law when the law is so elementary not to be aware
of its constitutes gross ignorance of the law
Note: To make judges liable for gross ignorance to the
law, it is not enough to prove that they are really non-
knowledgable of the law, it must also be proved that
they were motivated by bad faith, dishonesty, fraud,
corruption, and some other similar motives.

Keeping of records of cases which is not an easy task is
under his supervision. Loss of records may be
attributed to his negligence and lack of managerial skill
for which he may be liable administratively.
Defenses in Charges of Gross Ignorance of the Law
Good faith, absence of malice, corrupt motives or
improper consideration are sufficient defenses in
which a judge charged with ignorance of the law can
find refuge.
Rationale: As a matter of fact, in the absence of fraud,
dishonesty and corruption, the acts of a
(SandeeSuan)
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Pa
Its about ge
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Legal & Judicial Ethics (EH 307) Atty. Lood
 judge in his official capacity are not subject to
disciplinary action.
Services in the judiciary means a continue study and
research on the law from beginning to end. Judges
are regarded as persons learned in the law. Ignorance
of the law excuses no one has special application to
judges.
Though good faith and absence of malice or corruption
are sufficient defenses, such does not apply where the
issues are so simple the applicable legal principles
evident and basic as to be beyond possible margin of
error.
SECTION 4. Judges shall keep themselves informed about
relevant developments of international law, including
international conventions and other instruments
establishing human rights norms.
The competence of Philippine Judges must not be
confined to domestic laws and jurisprudence.
Norms of international law has become the concern of
judges because they form part of legal standards by
which their competence and diligence required by the
New Code of Judicial Conduct are to be measured.
SECTION 5. Judges shall perform all judicial duties,
including the delivery of reserved decisions, efficiently,
fairly and with reasonable promptness.
Purpose of the Canon It is intended to implement the
provision of the constitution which makes it the judges
duty to decide cases promptly, and to give parties a
suit the enjoyment of their right to speedy disposition
of their cases.
Section 15. Article VIII of the Constitution
(1) All cases or matters filed after the effectivity of this
Constitution must be decided or resolved within
twenty-four months from date of submission for the
Supreme Court, and, unless reduced by the
Supreme Court, twelve months for all lower
collegiate courts, and three months for all other
lower courts.
(2) A case or matter shall be deemed submitted for
decision or resolution upon the filing of the last
pleading, brief, or memorandum required by the
Rules of Court or by the court itself.
(3) Upon the expiration of the corresponding period, a
certification to this effect signed by the Chief
(SandeeSuan) Success isnt about
being the best.
Justice or the presiding judge shall forthwith be
issued and a copy thereof attached to the record of
the case or matter, and served upon the parties.
The certification shall state why a decision or
resolution has not been rendered or issued within
said period.
(4) Despite the expiration of the applicable mandatory
period, the court, without prejudice to such
responsibility as may have been incurred in
consequence thereof, shall decide or resolve the
case or matter submitted thereto for determination,
without further delay.
Judges must comply with the reglementary period
within which to decide cases
No less than the Constitution mandates lower courts to
resolve or decide cases within three (3) months after
they have been submitted for decision
The requirement that judges must decide cases within
the specified period is intended to prevent delay in the
administration of justice. For justice delayed is often
justice denied.
Delay in the disposition of cases impairs the faith and
confidence of the people, specially the low-income
group, in the judiciary.
Remedy if cases could not be resolved within the
prescribed period
Upon proper application, and in meritorious cases,
especially those involving difficult questions of law or
complex issues, the Supreme Court allows lower court
judges additional time to decide beyond the ninety-day
period. In short, an application or request for
extension of time is necessary.
Judges by themselves cannot extend the period for
deciding cases beyond that authorized by law the
extension must first be approved by the Supreme
Court.
SECTION 6. Judges shall maintain order and decorum in all
proceedings before the court and be patient, dignified
and courteous in relation to litigants, witnesses, lawyers
and others with whom the judge deals in an official
capacity. Judges shall require similar conduct of legal
representatives, court staff and others subject to their
influence, direction or control.
The ideal judge is one who looks, talks, walks and
dresses like one, with decency and respectability. He is
a complete gentleman proficient in law, upright,
fearless, honest and dedicated to the cause of law as
dispenser of justice.
Its about alwa
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SECTION 7. Judges shall not engage in conduct
incompatible with the diligent discharge of judicial
duties.
This section is an all-encompassing rule which will cover
all forms of conduct of judges not covered explicitly by
the Old or New Code which must be avoided. Some
acts are not illegal but if they will run in conflict with
the efficient discharge of judicial duties, they must be
avoided.
Liabilities of Judges & Justices
General Rule: A judge is not liable administratively, civilly,
or criminally, when he acts within his legal powers and
jurisdiction.
Reason: To free the judge from apprehension of
personal consequences to himself and to
preserve the integrity and independence of the
judiciary.
Exception: Where an error is gross or patent, deliberate
and malicious, or is incurred with evident bad faith;
or when there is fraud, dishonesty, or corruption.
In the absence of fraud, dishonesty or corruption,
acts of a judge in his judicial capacity is not subject
to disciplinary actions even though such acts are
erroneous, so long as he acts in good faith. In such
a case, the remedy of aggrieved party is not to file
an administrative complaint against the judges but
to elevate the error to a high court for review and
correction.
SERIOUS CHARGES
Administrative Serious Charges
1. Bribery, direct or indirect;
2. Dishonesty and violations of the Anti-Graft and
Corrupt Practices Law; (R.A. 3019)
3. Gross misconduct constituting violations of the Code
of Judicial Conduct
4. Knowingly rendering an unjust judgment or order as
determined by a competent court in an appropriate
proceeding
5. Conviction of a crime involving moral turpitude
6. Willful failure to pay a just debt
7. Borrowing money or property from lawyers and
litigants in a case pending before the court
8. Immorality
9. Gross ignorance of the law or procedure
10. Partisan political activities
11. Alcoholism and/or vicious habits
Administrative Sanctions for Serious Charges
Dismissal from the service, forfeiture of all or part of the
benefits as the Court may determine, and
disqualification from reinstatement or appointment to
any public office, including government-owned or
controlled corporations. Provided, however, that the
forfeiture of benefits shall in no case include accrued
leave credits
Suspension from office without salary and other benefits
for more than three (3) but not exceeding six (6)
months
A fine of more than P20,000.00 but not exceeding
P40,000.00
 LESS SERIOUS CHARGES
Exception to the exception: When the law or procedure Administrative Less Serious Charges
is so elementary, such as the provisions of the Rules 1. Undue delay in rendering a decision or order, or in
of Court, not to know, or to act as if one does not transmitting the records of a case
know the same, constitutes gross ignorance of the 2. Frequently and unjustified absences without leave or
law, even without the complainant having to prove habitual tardiness
malice or bad faith. 3. Unauthorized practice of law
4. Violation of Supreme Court rules, directives, and
Administrative Charges and Sanctions circulars
They are classified as: 5. Receiving additional or double compensation unless
Serious; specifically authorized by law
Less Serious; and 6. Untruthful statements in the certificate of service
Light Charges 7. Simple misconduct

(SandeeSuan) Success isnt about

being the best.
Page 37! of 40!
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Legal & Judicial Ethics (EH 307) Atty. Lood
Administrative Sanctions for Less Serious Charges
Suspension from office without salary and other benefits
for not less than one (1) nor more than three (3)
months; or
A fine of more than P10,000.00 but not exceeding
P20,000.00
LIGHT CHARGES
Administrative Light Charges
1. Vulgar and unbecoming conduct
2. Gambling in public
3. Fraternizing with lawyers and litigants with pending
case/cases in his court
4. Undue delay in the submission of monthly reports
Administrative Sanctions for Light Charges
A fine of not less than P1,000.00 but not exceeding
P10,000.00 and/or
Censure
Reprimand
Admonition with warning
GROUNDS FOR ADMINISTRATIVE
SANCTIONS AGAINST JUDGES
Misconduct any unlawful conduct on the part of a
person concerned in the administration of justice
prejudicial to the rights of parties or to the right
determination of the case
Serious Misconduct implies malice or wrongful intent,
not mere error of judgment. For it to exist, there must
be reliable evidence showing that judicial actions are
corrupt or inspired by intent to violate the law or in
persistent disregard of legal rules.
Inefficiency implies negligence, incompetence,
ignorance and carelessness. A judge would be
inexcusably negligent if he failed to observe in the
performance of his duties that diligence, prudence and
circumspection which the law requires in the rendition
of any public service.
THREE WAYS OF INSTITUTING
ADMINISTRATIVE CHARGE
AGAINST JUDGES
1. Motu propio by the Supreme Court;
2. Upon a verified complaint filed before the Supreme
Court supported by:
(a) Affidavit of persons who have personal knowledge
of the facts alleged therein; or
(SandeeSuan) Success isnt about
being the best.
Its about always
getting better.
(b) Documents which may substantiate said
allegations.
3. Anonymous complaint supported by public records of
indubitable integrity filed with the Supreme Court.
ADMINISTRATIVE PROCEDURE ON
COMPLAINTS AGAINST JUSTICES
AND JUDGES
1. Institution of Complaint
2. Action on the Complaint
3. Designation of Investigator
4. Hearing
5. Report
6. Action by the SC
Note: Confidentiality of Proceedings until finality thereof
to protect the reputation of judges/ justices, for it is
possible the charge or charges may be unfounded and
malicious.
Retirement, Resignation or Promotion of a judge does
not necessarily render moot and academic the case
against him.
Desistance on the part of the complainant does not
warrant dismissal of administrative compliant.
Death of respondent judge will not necessarily render
the administrative case moot and academic.
Administrative Cases against Justices, Judges may be
Automatically Treated as Disbarment Cases
Under AM No. 02-9-02-SC, serious administrative cases
against justices and judges are automatically converted
as disciplinary proceedings against them both as such
officials and as members of the Philippine Bar.
Administrative Cases when not an Appropriate
Remedy
The filing of an administrative complaint against a judge
is not an appropriate remedy where judicial recourse is
still available. In the absence of fraud, malice or
dishonest in rendering the assailed decision or order,
the remedy of the aggrieved party is to elevate the
assailed decision or order to the higher court for
review and correction.
An inquiry into a judges civil, criminal and/or
administrative liability may be made only after the
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Legal & Judicial Ethics (EH 307) Atty. Lood
 available remedies have been exhausted and decided
with finality.
Justices and Judges are also protected from baseless and
unfounded administrative complaints
The Supreme Court promulgated AM No. 03-10-01-SC
Resolution Prescribing Measures to Protect Members
of the Judiciary from Baseless and Unfounded
Administrative Complaints.
Complaints may be required to show cause why he
should not be held in contempt of court. If the
complainant is a lawyer, he may further be required to
show cause why he or she should not be
administratively sanction as member of the Bar and as
an officer of the court.
CIVIL LIABILITIES UNDER THE
CIVIL CODE
1. Art. 27 Refusal or Neglect without just cause by a
public servant to perform his official duty
Art 27. Any person suffering material or moral loss because
a public servant or employee refuses or neglects,
without just cause, to perform his official duty may file
an action for damages and other relief against the latter,
without prejudice to any disciplinary administrative
action that may be taken.
2. Art. 32 Directly or Indirectly obstructing, defeating,
violating or in any manner impeding or impairing civil
liberties guaranteed by the Constitution.
Article 32. Any public officer or employee, or any private
individual, who directly or indirectly obstructs, defeats,
violates or in any manner impedes or impairs any of the
following rights and liberties of another person shall be
liable to the latter for damages: xxx
The responsibility herein set forth is not demandable from
a judge unless his act or omission constitutes a violation
of the Penal Code or other penal statute.
court within whose jurisdiction or territory they
exercise their respective functions.
2. Article 739 Donations made to a judge, his wife,
descendants and ascendants by reason of his office
are void.
CRIMINAL LIABILITIES UNDER
THE REVISED PENAL CODE
1. Art 204 Knowingly rendering unjust judgment
The elements of the crime are
(a) That the offender is a judge
(b) That he renders a judgment in a case
submitted to him for decision
(c) That the judgment is unjust
(d) That the judge knows that his judgment is
unjust
2. Art 205 Judgment rendered through
negligence
The elements of the crime are
(a) That the offender is a judge
(b) That he renders a judgment in a case
submitted to him for decision
(c) That the judgment is manifestly unjust
(d) That it is due to his inexcusable negligence or
ignorance
3. Art 206 Knowingly rendering an unjust
interlocutory order
The elements of the crime are
(a) That the offender is a judge
(b) That he performs any of the following acts:
(i) knowingly renders unjust interlocutory
order or decree, or
(ii) re n d e r s a m a n i f e s t l y unjust
interlocutory order or decree
through inexcusable negligence or
ignorance
 DISABILITIES OF JUDGES UNDER
THE CIVIL CODE
1. Article 1491 (5) Justices, judges, prosecuting
attorneys, clerks of court of superior and inferior
courts and other officers and employees connected
with the administration of justice cannot acquire by
purchase, even at a public or judicial action, either in
person or through the mediation of another the
property and rights in litigation or levied upon an
execution before the
4. Art 207 Maliciously delaying the administration of
justice
The elements of the crime are
(a) That the offender is a judge
(b) That there is a proceeding in court
(c) That he delays the administration of justice
(d) That the delay is malicious, that is, the delay
is caused by the judge with
(SandeeSuan)
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Legal & Judicial Ethics (EH 307) Atty. Lood

deliberate intent to inflict damage on either

party in the case

Malfeasance under Anti-Graft and Corrupt

Practices Act
Section 3 (e), R.A. 3019 A judge is criminally liable for
causing an undue injury to a person or giving any
private party an unwarranted benefit, advantage or
preference in the discharge of his official function
though manifest partiality, evident bad faith and gross
inexcusable negligence.

Resolution of Administrative Cases against

Judges and Justices
(1) If the penalty imposed upon a judge is more than 1
year suspension or a fine of more than Php 10,000 or
both, the administrative case shall be decided by the
Supreme Court en bans.
(2) If the penalty does not exceed the period and fine
above-mentioned, the case will be decided by the
Division where it is assigned
(3) If the decision is one of dismissal of the judge, the
decision shall be en bans

NOTE: Vote required in the Supreme Court for the

removal of judges Section 11, Art. VIII of the
Constitution provides:
The Supreme Court en bans shall have the power to
discipline judges of cower courts, or order their
dismissal by a vote of majority of the Members who
actually took part in the deliberations on the issues
in the case voted thereon.

Power and Liabilities of Members of the Supreme

Court
(a) The Supreme Court has administrative supervision over
all courts and the personnel thereof (Sec.6, Art. VIII,
Constitution)
(b)Justices of the Supreme Court can only be removed by
impeachment (Sec.2 Art. XI, Constitution)
Impeachment proceedings against justices of the
Supreme Court is sui generis in nature and governed
by the rules created by the impeachment court. The
Congress shall promulgate its riles on impeachment
Sec.3(8), Art.XI, Constitution.
(SandeeSuan)
Success isnt about being the best.
Pa
Its about ge
always 40
getting !
better. of
40
!