Legal Ethics (November 9 & 10, 2016)
administration of justice
LEGAL ETHICS
Branch of moral law which treats of the duties
that an attorney owes:
1. To the PUBLIC (Canon 1-6);
- Duty towards the society
2. To the BAR (Canon 7-9);
- Duty towards his colleagues or co-lawyers
3. To the COURT (Canon 10-13);
- D
4. To the CLIENT (Canon 14-22)
As embodied in the Constitution, Rules of Court, the
CPR, the CPE, jurisprudence and special law.
Referred to as the Four-Fold Duty of a Lawyer
Code of Professional Responsibility (CPR) is promulgated
by the Supreme Court.
Canons of Professional Ethics (CPE) is promulgated by
the American Bar Association which we copied and
adopted it in the PH before the CPR.
Jurisprudence may refer to decisions rendered by the US
courts interpreting and construing the provisions of the
Canons of professional ethics.
Special laws could be an example the Code of Conduct
and Ethical Standards for Public Officials which also
govern the conduct of government officials who are
lawyers.
IMPORTANCE OF LEGAL ETHICS
It is a required bar subject in order to
emphasize its importance in ensuring the
continued existence of the profession.
The highest moral and ethical standards in the
law profession should be maintained so that the
people will continue to repose their trust in
lawyers and in the role that they play in the
efficient and speedy administration of justice.
The lawyer must be honest and straightforward. It is
provided in the CPR.
SIGNIFICANCE OF LEGAL ETHICS
guards against the abuses and ills of the
profession, such as dishonesty, deceit,
negligence, immorality and other forms of
malpractice
How? If the lawyer the CPR, then a person aggrieved by
that or anybody from the public may file a complaint for
disbarment before the IBP.
raises the standard of the legal profession
encourages and enhances the respect for the
law
It will assure the trust of the public. Musalig ang client
sa lawyer. Kay kung wala magkagubot. You cannot take
the law on your hands and have to go through the
process and in going through the process you need the
assistance of a lawyer. And it is a best that the lawyer
will conduct himself according to the code of the
profession.
assures and effective and efficient
assists in the keeping and maintenance of law
and order
provides basis for the weeding out of the unfit
and misfit
DEFINITION OF TERMS
Bar & Bench
Bar refers to the body of lawyers. The bench is to the
judges.
Bar Admission
Refers to the process or the act of qualifying to practice
the profession. Bar admission here in the PH refers to
the Bar Exams which is administered by the Supreme
Court. And that Bar Exam will test the legal knowledge
and skill of the student/applicant. It will test if the
barrister has the necessary knowledge and skill to
become a lawyer.
Trial Lawyer
Refers to an attorney who appears before the courts,
before the quasi-judicial bodies and administrative
agencies of the government to handle a case for or
against the person. They appear in courts.
Practicing Lawyer
Need not be a trial lawyer. He/she would simply be a
lawyer who gives advice to a client or a lawyer who
prepares legal documents for a client. In the practice of
law, it is not limited to appearance on courts.
There are three main activities of the practice of law:
1. Giving of advice to clients
2. Preparation of legal documents for a client
3. Appearance in Courts, Quasi-Judicial Bodies, and
Administrative Offices
These concepts differ in the extent of the services being
rendered to the client.
Pro Se
Refers to a person or a layman who appears for himself
in a case. If a person can't afford a lawyer, he can
appear for himself. It is authorized under the law. But it
is not advised.
Client
This is important because this person is the one who is
paying the lawyer.
Client could be a natural person. An individual. Or it
could be a juridical person i.e. companies or
corporations.
Attorney-at-Law
A lawyer authorized by the SC after qualifying the
admission to the Bar possessing all the requirements.
Attorney-in-Fact
An agent authorized by somebody through a Special
Power of Attorney (SPA). He/she may or may not be a
lawyer.

Counsel De Officio
A lawyer who is appointed by the Court in a criminal
case wherein the accused cannot afford the services of a
lawyer.
Attorney Ad Hoc
This refers to a lawyer appointed by the court to
represent an absentee defendant of a case. So kung mu
absent ang defendant sa case unya naay kinahanglan i-
discuss sa court then the court may appoint any lawyer
present to represent that absent defendant in that case.
Attorney of Record
This refers to the lawyer who is engaged by the client to
represent him/her in the case. By the term itself, this is
the lawyer who will appear in the records of the case.
He will make the entry of appearance. Being the counsel
of record, the Court will furnish all the orders and
notices to him/her. The other party will also serve the
pleadings to this lawyer because he is the attorney of
record.
Of Counsel
This refers to a retired member of the Judiciary or a
retired member of the firm who gives advice to the
perform or gives counsel to the firm.
Ex. A Justice may now be a retired and given he is a
member of a firm, he may now provide advice to the
members of that firm. He may be designated as Of
Counsel in the pleadings.
Lead Counsel
In a litigation of a case, it is possible that a client will
have several lawyers to handle his case. Duha or lima or
kutob sa ma-afford. And among the lawyers, say 3, they
will agree who will be the lead counsel. Siya ang
leader2, ang mag buot. He will direct the group of
lawyers as to what remedy to take.
The other lawyers are referred to as collaborating
counsel.
House Counsel
House Counsel or In-house lawyer. Corporations or
companies, they have in-house lawyers. In-house
lawyers could either be... they are allowed to engage in
private practice or they are strictly to do
business/service to the company. Most of the time these
in-house counsels are also employees of the
corporations. They will give advice to these corporations
and companies to the conduct of the business.
Amicus Curiae
These are lawyers asked or engaged by the Court to help
them resolves certain issues. These refers to a lawyer.
He cannot decline if he is asked by the Court the request.
They don't receive any compensation. So pro-bono ni
siya. Kung sugo-un kas SC, musugot jd ka. Because the
SC... the practice of law is a privilege, it's not a right. If
mu balibad pud ka, it will be taken against you. But
usually the lawyers who will be asked by the SC, these
are established lawyers who are known for that field of
law such as authors.
It is good that you will be asked by the SC. It will help
you in your practice.
Amicus Curiae Par Excellence
This refers to a group of lawyers or an association of
lawyers who helps the Court in resolving certain issues.
Advocate
A lawyer who will defend and advance the cause of the
client. In advancing the cause of the client, that lawyer
will defend the cause of the client within the bounds of
the law. So he will use all the remedies available and
provided in the law/ in the rules of court.
Solicitor
Refers to the lawyer who is connected to the OSG.
Assumpsit
Refers to an action/ a case filed by the lawyer to a client
in order to recover his attorney's fees. Iya ikiha iyang
client to claim his professional fees that were not given
to him.
Bar Association
Refers to voluntary groupings or association of lawyers
who may have common interest. We have the Philippine
Bar Association. In, Cebu the FIDA and CELIA (?)...
exclusive for lady lawyers. Mactan Island Lawyers'
League (MIL), Young Lawyers' Association of Cebu
(YLAC) - a voluntary groupings association of lawyers.
These associations must have purposes which must be in
conformity with the objectives of the IBP. They should
not have objectives or rules which are in contradiction to
the rules of conduct of the IBP. The Bar Association
could co-exist with the IBP.
Integrated Bar of the Philippines
The Integrated Bar of the Philippines (IBP) and this is an
association sanctioned or created by law. The IBP
membership is mandatory.
Commission on Bar Discipline
This is part of the IBP. This is the committee who will
handle the administrative case against the lawyer - who
will do the investigation. If there is a complaint against
the lawyer, the same will be filed the SC and then SC will
refer the case to the IBP and the IBP will endorse the
case to the Commission. And this commission will
investigate. It will answer the response of the
respondent-lawyer and will make the recommendation.
The recommendation will be forwarded to the SC and
the SC may either adopt or disagree with the
recommendation and make its own finding.
REGULATION ON PRACTICE OF LAW
Supreme Court [Art. VIII, Sec. 5(5), 1987 Constitution]
Promulgate rules concerning the practice and
regulation of constitutional rights, pleading,
practice and procedure in all courts, the
admission to the practice of law, the integrated
 bar, and legal assistance to the under-
privileged.
Nature of the Power
o Judicial in nature
o Judicial discretion
By virtue of this power the SC promulgated the Rules of
Court. And by virtue of the same power the SC approved
the CPR. The present code which governs the conduct of
lawyers in the practice of the profession. The regulation
of the practice of law is judicial in nature and it involves
judicial discretion. This means that it's up to the SC
whether to suspend, disbar, or merely warn the lawyer.
Dili ka maka ingun nga naa'y grave abuse of discretion
sa SC. SC has the discretion.
PRACTICE OF LAW
Means any activity, in (Refers to trial lawyers. They
appear before the courts or quasi-judicial bodies. They
handle cases for the client either they defend the client
or they prosecute for the client) or out of court (These
refers to practising lawyers who prepares legal
documents to clients or gives advice to clients. Naa'y
uban lawyers nga naa sa corporate nga dili mu adto sa
court kay dili ganahan or mahadlok. So gusto lang sila
incorporation or companies i.e. drafting pleadings. Still
that is practice of law. It is practice of law because it
requires the application of legal knowledge, application
of the skill of a lawyer. ), which requires the application
of law, legal procedure, knowledge, training, and
experience. To engage in the practice of law is to
perform those acts which are characteristics of the
profession. Generally, to practice law is to give notice or
render any kind of service which, device or service
requires the use in any degree of legal knowledge or
skill. (Cayetano vs Monsod, G.R. No. 100113, September
3, 1991)
QUALIFICATIONS FOR ADMISSION TO PRACTICE OF
LAW
1. Citizen of the Philippines
Must be present or must be complied with. Absent any
of these will disqualify you or will bar you from
practicing law.
This is required because if you check Canon 1 of the CPR
as well as the Lawyer's Oath, it is the duty of the lawyer
to maintain allegiance to the Republic, obey its laws and
its constitution. An alien and a foreigner cannot
maintain allegiance to the Republic hence, cannot
practice law or take the bar in the PH. He may study but
he cannot qualify when he applies for the bar exams. If
he can acquire PH citizen, he can apply then.
2. Resident of the Philippines
It is required because in the practice of the profession
the lawyer should be readily available and accessible to
the client and to the court.
3. At least 21 years of age
The practice requires maturity and discretion because
you are handling a case for a client i.e. criminal case
which involves the liberty of the client. If sayup imong
judgment, wala kay sound discretion, ma priso imung
client. That's why this requirement is present and this is
based on the assumption that a 21-year old is mature
person and has a sound discretion.
4. A person of good moral character
5. No charges against him involving moral
turpitude are filed or pending in court
6. Possess the required educational qualifications
7. Pass the Bar Examinations
8. Take the Lawyer's Oath
9. Sign the roll of attorneys
....(di maklaro sa slide) TO TAKE THE PHILIPPINE BAR
Filipino citizens who are graduates of foreign law
schools are allowed to take the bar examinations
provided they take show the following:
1. Completion of all courses leading to the
degree of Bachelor of Laws or its equivalent
degree.
2. Recognition or accreditation of the law school
by the proper authority.
3. Completion of all the fourth-year subjects in a
law school duly recognized by the Philippine
Government [SC Bar Matter 1153: Re: Letter
of Atty. Estelito Mendoza (2010)]
CONTINUING REQUIREMENTS FOR THE PRACTICE OF
LAW
1. Good and regular standing
2. Membership in the IBP
- Mandatory
3. Payment of IBP dues
4. Payment of professional tax
- IBP no. and PTR no. must reflect in the
pleading.
5. Compliance with the MCLE
- If you fail to comply with the 36 units, you
can be considered as a delinquent. Pwede
ka ma disbar.
6. Possession of good moral character
- Absence of this will disbar or suspend
you. Usually entails violation of Canon 1.
- A continuing requirement before the
Bar and when you are a lawyer already
PURPOSES OF GOOD MORAL CHARACTER
REQUIREMENT
1. To protect the public;
2. To protect the public image of lawyers;
3. To protect prospective clients; and
4. To protect errant lawyers from themselves.
PERSON ENTITLED TO PRACTICE OF LAW
Persons admitted as members of the Bar and
who are in good regular standing (Sec. 1, Rule
138, Rules of Court)
- If he pays the IBP dues, pays the PTR, and
possess good moral character.
PRACTICE LIMITED TO NATURAL PERSONS
A lawyer is burdened with peculiar duties and
responsibilities which must be performed
personally.
 A corporation cannot perform the conditions
required for membership in the Bar, such as
possession of good moral character.
Limited to PH citizens and natural persons.
Prohibitions and Limitations on the Practice of Law
Appearance of Non-lawyers in Court/Tribunal
Practice of Law by Public Officials
Non-lawyers in Court/Tribunal
Gen. Rule:
Only those who are licensed to practice law can
appear and handle cases in court.
(Now, as a rule, only lawyers can appear before courts
and tribunals. However, there are exceptions to that
rule. So, you have there an instance where a non-lawyer
can appear before the court or other quasi-judicial
bodies)
Exceptions:
A party litigant (Pro Se Practice) (a layman, a
non-lawyer can prosecute his/her case before
the cout without assistance of a lawyer)
Before the MTC and in any other court (Sec. 34
Rule 138, ROC)(a person could ask a friend or a
representative who is a non-lawyer to represent
him in the proceedings before the MTC)
Law student Practice Rule (Rule 138-A
ROC)(when you complete 3rd year)
Before NLRC (Art. 222, Labor Code)
Before a Cadastral Court
Before the DARAB(Department of Agriculture
and Reform Adjudication Board)
Any official or person appointed or designated
in accordance with the law to appear for the
government or any of its officials (Sec. 33, Rule
138, ROC)
1. Pro Se Practice
Appearance in propria persona
appearance in court b a non-lawyer for
himself without the assistance of a member
of the bar. (a person for him/herself
appearing without the assistance of a
lawyer. It is implied and recognized under
the rules of court. A layperson can sign a
pleading for himself w/o a lawyer. But
again, as Ive mentioned yesterday, while
this can be done, it is not encouraged nor
advised because there are technicalities in
the practice of profession and the rules of
court which may result to the dismissal of
the case not bec the case has no merits but
because of the failure of the layperson to
observe the technicalities of law)
Pro se practice which means a party may
conduct his own litigation by prosecuting or
defending in court his own case is allowed
in the Philippines. (appearance in propria
persona)
Section 3, Rule 7 of Rules of Court implicitly
recognizes the right of an individual to
represent himself every pleading must
be signed by the party or counsel
representing him
While pro se practice is allowed, it may not
be advisable to do so. Court proceedings
are full of technical pitfalls that may entrap
a person unschooled in substantive and
procedural law. It is said that a little
learning is a dangerous thing; and that he
who acts as his own lawyer has a fool for a
client.(if you can afford then its better to
hire one but if not, there are PAO lawyers,
even in labor cases)
2. of a party litigant
A non-lawyer agent or friend of a party litigant
may, in an MTC, MCTC, be appointed by a party
litigant to conduct his litigation. The rule is
applicable not only in civil cases but also in
criminal cases where the party litigant may
appoint an agent or friend as private prosecutor
under the supervision and control of the trial
public prosecutor. (please take note that
representation of an agent or a friend is limited
only to MTC or MCTC bec proceedings in lower
courts are simple and not complicated not like
RTC and above)
The privilege to be represented by a non-lawyer
friend or agent does not extend to
representation before the RTC and higher
courts court procedures are often technical
and may prove like snares to the ignorant or
unwary; for the protection of the parties and in
the interest of justice.
3. Law student Practice Rule (Rule 138-A ROC)
Requirements:
Has successfully completed his 3rd year of the
regular four-year prescribed curriculum.
Enrolled in a recognized law schools clinical
legal education program approved by the
Supreme Court.
Conditions:
The appearance of the law student shall be
under the direct supervision and control of a
member of the Integrated Bar of the Philippines
duly accredited by the law school; and (meaning
nay gabantay niya nga lawyer and that lawyer is
also accredited by the school)
Any and all pleadings, motions, briefs,
memoranda or other papers to be filed, must
be signed by the supervising attorney for and in
behalf of the legal clinic.
The phrase direct supervision and control
requires no less than the physical presence of
the supervising lawyer during the hearing.
(Usually, the questions in bar exams in cases
like this is: If the student appears before a case
and then the supervising lawyer excuses
him/herself in a while and the law student is left
on his own to argue the case, is it allowed under
this rule? SC said that it is not allowed because
 there must be the presence of the supervising
lawyer. The reason for this is embodied in the
Bar Matter:
BAR MATTER NO. 730, June 13, 1997
1. To ensure that there will be no miscarriage of
justice as a result of incompetence or
inexperience of law students, who, not having
as yet passed the test of professional
competence, are presumably not fully equipped
to act as counsels on their own.
2. To provide a mechanism by which the
accredited law school clinic may be able to
protect itself from any potential vicarious
liability arising from some culpable action by
their law students and
3. To ensure consistency with the fundamental
principle that no person is allowed to practice a
particular profession without possessing the
qualification, particularly a license, as required
by law.
4. Non-Lawyers before NLRC
Non-lawyers may appear before the NLRC or
any Labor Arbiter if:
o They represent themselves
o They represent their organization or
members thereof (a union for example)
o They are duly accredited members of
any legal aid office recognized by the
DOJ or the IBP in cases referred to it by
the latter
o They are engaged in law-student
practice
(The first two are provided in the labor
code, the 3rd provided in the rules of
court and the 4th provided by another
law)
Practice of Law by Public Officials
Gen. Rule:
The appointment or election of an attorney to a
government office disqualifies him from
engaging in the private practice of law. (under:
Rep. Act. No 6713 Code of Conduct and
Ethical Standards of Public Officers(there are
only two conditions wherein they can practice
their profession) (1)unless authorized by the
Constitution or law; (2)provided that such
practice will not conflict or tend to conflict with
their official duties.
Prohibition: (i) absolutely prohibited (ii) not
absolutely prohibited
Public Officials absolutely prohibited
Judges and other officials or employees of the
superior court (cannot give advice to clients nor
prepare a pleading or appear a case for a client)
Officials/employees of the OSG(cannot take a
private case because they represent the govt)
Government prosecutors
President, VP, Members of the Cabinet and
their deputies and assistants
Chairman and members of the Constitutional
Commission
Ombudsman and his deputies(they have to
police and monitor public officials for the
performance of their functions)
Governors, city and municipal mayors(can
violate Code of conduct and ethical standards
for public officials and Code of professional
responsibility)
Civil service officers or employees whose duties
require them to devote their entire time at the
disposal of the government
Those who are by special law are prohibited
from engaging in the practice of their legal
profession
Public Officials Practice with restrictions
Senators and members of the house of
representatives
o No senator or member of the house of
representatives may personally appear
as counsel:
-before any court of justice or
-before the Electoral Tribunals
-or quasi-judicial and other
administrative bodies (Art. VI
Sec 14 Constitution)
(so they can actually receive clients,
give advice but if hearing, they cannot
appear. They can only send associates
in their firms. What is prohibited is
personal appearance)
Members of the Saggunian
o May practice their professions except
during session hours; provided that the
sanggunian members who are also
members of the bar shall:
-not appear as counsel before
any court in any civil case
wherein a local government
unit or any office, agency, or
instrumentality of the
government is the adverse
party.
-not appear as counsel in any
criminal case wherein an officer
or employee of the national or
local government is accused of
an offense committed in
relation to his office
(malversation for example
involving misuse of the city
funds. But if murder, the city
councilor then can represent
the employee)
- Not collect any fee for their
appearance in administrative
proceedings involving the local
government unit of which he is
an official and
 - Not use property and
personnel of the government
except when the sanggunian
member concerned is
defending the interest of the
government(so if he will make a
pleading, dili cya pwede
mugamit sa bondpaper sa city
hahaha, mupalit siyag iyaha)
Retired justice or judge
o A retired justice or judge receiving
pension from the government cannot
act as counsel in any civil case in which
the government or any of its
subdivisions or agencies is the adverse
party or in a criminal case wherein an
officer of employee of the government
is accused of an offense in relation to
his office.
Civil service officers or employees whose duty
does not require their entire time to be at the
disposal of the government(Check CS rules)
o No officer or employee shall engage
directly in any private business,
vocation, or profession or be connected
with any commercial, credit,
agricultural or industrial undertaking
without a written permission from the
head of the Department. (Revised Civil
Service Rules, Rule XVIII Sec 12 Abella vs
Atty. Cruzabra AC No 5688 4 June 2009)
Law Professors
In view of the broad definition in Cayetano vs
Monsod lawyers, when they teach law, are
considered engaged in the practice of law... the
fact of their being law professors is inextricably
intertwined with the fact that they are lawyers.
(Re: Letter if UP Law Faculty 2011)(The SC
clearly declared that lawyers who are in the
faculty, who teach law, is considered as practice
of law contrary to an earlier opinion rendered
by the ministry of justice. There was this
opinion rendered wherein lawyers who teach
are not considered in the practice of law.
However, that opinion was superseded by the
ruling in Cayetano v. Monsod as well as the
latest ruling by the SC on the matter)
Hearing or proceedings wherein lawyers are
prohibited from appearing
In all katarungang pambarangay proceedings
(RA 7160, Sec. 415 see also Magno v Jacoba, AC
No 6296 22 November 2005)(the only exception
is that if the lawyer is the complainant himself)
Small Claims Cases (Rules of procedure of small
claims cases)(if claim is not more than P200k,
you can file a case before the MTC w/o
assistance of a lawyer. You will just fill up a
form. The lawyer may discuss and give advice
outside but not inside while the proceeding is
going on)
Sharia lawyers who are LLB graduates but not members
of the Bar are not allowed to practice before regular
courts even if both parties are Muslims. (you must first
pass an exam to represent a muslim in the proceeding
in sharia which is different from that of bar exam and
still administered by the SC. If sharia lawyers wants to
practice in civil courts, they need to pass the Bar as well
and other requirements as well as complying the 4-year
law study requirements)
REASON: A sharia lawyer is only a special member of
the Phil. Bar, not a full-pledged one. His admission is
only to the practice of law before Sharia court. (Re:
Petition to allow sharia lawyers to exercise their
profession at the regular courts, Bar Matter No. 681, 5
August 1993)
Original Bases of Legal Ethics
Canons of Professional Ethics
Supreme Court Decisions
Statutes(other laws aside from the CPR which
deals with the conduct of lawyers. So for Civil
Code, you have there a provision which
prohibits a lawyer from acquiring a property
from litigation. Another is the Attys fees. Also
in the RPC, you have a provision involving
betrayal of trust where the lawyer represents in
conflict with that of his client, then he may be,
aside from administrative case against him, a
criminal case could also be filed)
Constitution(Art 8)
Rules of Court(Law Student Practice Rule and
the IBP)
Treaties and Publications (books and
publications of prominent authors of the
subject. Ex: Pineda)
Present Basis of Philippine Legal Ethics
Code of Professional Responsibility(CPR)
History and Background of the Code of Professional
Responsibility
Canons of Professional Ethics of the American
Bar Association; adopted by the Philippine Bar
Association(early 90s, nangopya ratas US sa
ilang canon of Prof. Ethics)
Initially drafted in 1980 by the IBP Committee
on Responsibility, Discipline and Disbarment
Promulgated on 21 June 1988 by the SC
(CPR)(SC decisions, in deciding administrative
cases, the SC will sight provisions of the
Canons of the Prof. Ethics or other statutes
involving conduct of lawyers. So these decisions
also form part in the study of Legal Ethics)
Code of Professional Responsibility
Embodiment into one code of the various
pertinent and subsisting rules, guideless and
standards on the rule of conduct of lawyers
sourced from the constitutions, rules of court,
canons of professional ethics, statues, special
laws, treaties and decisions which must be
 observed all members of the bar in the exercise
of their profession whether in or out of court as
well as in their public and private lives.
Binding on all lawyers being an issuance of the
SC pursuant to its constitutional power.
(Govern lawyers in the practice of legal profession and
their private life. Binding for it is promulgated by the SC
and all lawyers are bound to follow the same. The
practice of Law is a privilege and that privilege can be
withdrawn by the SC if the lawyer violate the CPR or
lawyers oath and may result to a disciplinary action
depending to its gravity.)

CPR is divided into 4 parts:

The Lawyer and Society
Canons 1-6 CPR
The Lawyer and the Legal Profession
Canons 7-9 CPR
The Lawyers and the Court
Canons 10-13 CPR
The Lawyer and the Client
Canons 14-22 CPR
(so if you relate this to the definition of Legal ethics
remember? So you have there the 4-fold duties of a
lawyer and these duties are embodied in the CPR.
Mostly here in ethics, we focus on Canons 1-4 and
lawyer-client kay daghang abuso)
Legal Ethics Nov 17

Cases: Practice of Law & Intro to Code of Professional Responsibility

Cayetano vs Monsod
Pertains to the definition of the practice of law

Facts: Cayetano questioned the confirmation of appointment of Monsod as chairman of the

COMELEC. Monsod was appointed by Pres Corazon Aquino as chairman of the comelec.

Contention of Cayetano: Monsod failed to comply with the requirements under the
Constitution. One of which is he must be engaged in the practice of law for at least 10
years. Now according to Cayetano, Monsod has not been in practice of law for 10 years, he
was merely acting as legal counsel for corporations, and he is not engaged in litigation
work. He filed a petition seeking for annulment of the appointment of Monsod.

SC went on length to discuss the different activities engaged composing the practice of law.
It went on to discuss the lawyers in the firm who are handling negotiations and involving
loans, so you have there--because in this case Monsod, after passing the bar he joined the
office of his father, after that he joined World Bank and when he returned to the country he
joined the corporations so he's not into litigation work meaning he's not a trial lawyer. He
doesn't appear in tribunals in courts and quasi-judicial bodies. He is confined to the office of
the corporations.

Ruling: The practice of law is composed of 3 main activities.

1. giving of advice of clients,
2. preparation of legal documents for clients,
3. appearance in courts for and in behalf of the clients.
SC said Monsod being an economist-lawyer, negotiator for loans, he is engaged in the
practice of law because he is using his legal knowledge, skills, and training in giving advice
to these corporations. Petition filed by Cayetano was dismissed. SC confirmed the
appointment of Monsod as chairman

Philippine Lawyer's Association vs Agrava

Facts: Director of Patent Office required lawyers to take an exam before that office before
they could practice law in said office. Because of that requirement from the director, PH
Lawyer's Association filed a petition for prohibition and injunction before the SC, asking the
SC to stop the director from conducting the exam.

Contention of PLA: If we have already passed the bar exams and admitted by the SC to the
bar then there's no need for us to take the exam for us to practice before the patent's office.

Contention of director of patents: There is a need for that exam because

1. the practice of that office does not only involve in the application of legal knowledge,
it also requires scientific and technical knowledge and the exam will determine who
is fit;
2. he is authorized under the law to require the exam because our law here on patents
is copied from the states and in the states the law authorizes the director of patents
to require those who will practice in said office to take the exam to qualify
Ruling:
1. The lawyers who are admitted to the bar, they can practice in the said office because
as members of the bar they are qualified, they already are determined by the SC to
have the necessary qualification and once you pass the bar exams you are qualified
to appear before any court, tribunal, quasi-judicial bodies and governmentt agencies
and there's no need for that person to take another exam.
2. When the SC examined the provision of the patent law here in ph, it is silent on the
authority of the director of patents to conduct and require examinations unlike in the
states wherein the law there expressly authorizes the director. In other words, the
director went beyond his authority and jurisdiction in requiring the exam. So SC
granted the petition of the lawyer's association and prohibited the director from
conducting and requiring the exam.

Alawi vs Alauya
This involves the use of name Atty

Facts: Alawi filed a complaint of disbarment against Alauya. They were former classmates
and friends but because of that transaction involving the sale of real property house and lot,
the respondent Alauya questioned the transaction.

Contention of Alawi: there was misrepresentation, deceit, and fraud committed by Alawi
against Alauya. He argued that Alawi asked him to sign a blank document, promising that
later on he will show the completed documents but Alawi failed to do.

According to Alauya, he was merely enforcing his right when he wrote those letters before
the realty company, national housing mortgage corp, and the court.
Because of those letters, Alawi filed the complaint on several grounds
1. insulting and offensive language
2. the use of the title Attorney by Alauya

Contention of Alauya: He used the affiliation Attorney and not Councilor because there
might be confusion, because he did not want to be associated with those councilors who
are local legislators in their place. So he used the word Attorney.

Ruling: SC ruled in favor of Alawi saying that there was use of insulting and offensive
language which is not necessary. And SC said if you have really a cause of action against
the complainant you should have filed the necessary case in court, and not attack the
person through this letters.

SC also said: in your letters you are using the name Atty. You are not a full-pledged
member of the bar, you are merely an officer of the Shari'a court. The title Attorney is only
reserved to those who are admitted to the bar--those who have taken the bar exams,
passed the same, took the oath, signed the roll of attorney--it is reserved to those persons.

Because of the abusive language and the using of the title Attorney, SC reprimanded
Alauya.
Aguirre vs Rana
This tackles on the topic on the requirements on the admission to the bar.

Facts: Rana failed to comply with the requirements. Aguirre filed a petition to deny
admission of the respondent to the bar. Petitioner filed complaint a day before the taking of
the oath.

Contention of Aguirre: The respondent before he was able to take the oath he already
practiced law by representing the candidates in the electoral tribunals in their place and
signing pleadings for and in behalf of these persons.

Ruling: He was granted to take the oath but SC did not allow him to sign the roll of attorneys
because in the end he was found guilty of unauthorized practice of law. Based on the
evidence produced by the complainant, it is clear that he signed pleadings as a lawyer, as
counsel. He prepared these pleadings, signed the same, and filed his pleadings before the
court. Again, if we go back to the definition of the practice of law, signing of pleadings is part
of practice of law. In addition, the respondent also appeared before the court as lawyer for
his clients so he violated Canon 9 of the Code of Professional Responsibility which prohibits
the unauthorized practice of law.

SC emphasized that it is not enough that you passed the bar, you must complete all the
requirements--take the oath, sign the roll of attorneys.

[Obiter dictum charot jk: Later in our discussion of Canon 9, please take note that
laypersons or those who are not authorized to practice law and yet the practice law, they
are liable for violating the said provision but the SC cannot suspend or disbar them because
unsa ma'y isuspend di man siya lawyer in the first place. They may be cited for contempt.

But if they are lawyers, example, if he was already suspended by the SC and during the
time of suspension he still practices his profession, probably another disciplinary action will
be instituted against him. Mas dako iyang penalty.]

In this case, Rana was denied admission to the bar. He was not allowed to sign the roll of
attorneys.

In Re: Petition to Sign in the Roll of Attorneys, Michael Medado

In this case, naka pasar sa bar exam, took the oath, but failed to sign in the roll of attorneys.

Facts: He was able to take the oath and was given the slip of Notice which contains the
schedule to sign the roll of attorneys. Unfortunately, he misplaced the Notice, di ba
nibakasyon siya sa probinsya. Later on, years after, he came upon the notice and realized
he was not able to sign the roll of attorneys. But he believes it was already of no need, no
urgency so he continued on engaging on the practice of law. Several years later, when he
was attending the mandatory continuing legal education (mcle), he was asked to provide his
roll of attorneys number but failed to do so because he was not able to sign the roll of
attorneys. It was then that he realized that the roll of attorneys number is important in order
to be able to sign pleadings and to comply with the mcle. But again, when he learned of the
importance and urgency of securing the roll of attorneys number, he did not initiate it
immediately. Naghuwat pa siyag 7 years more or less. Until the time that he filed a petition
to the SC that he be allowed to sign the roll of attorneys.

Ruling: SC granted him to sign the roll of attorneys but he was not allowed to sign it
immediately. He was granted to sign it one year after his receipt of the resolution of the SC
granting the petition. In addition to that, he was required to pay a fine of Php 32, 000.

In granting the petition, SC considered the following:

1. it was Medado himself who filed the petition without any complaint filed by anybody
against him being engaged in the unauthorized practice of law; this demonstrated
good faith on the part of Medado
2. he has shown to be of good moral character because there was no complaint for
disbarment/suspension filed against him during the years that he practiced the
profession
3. he demonstrated that he has all the necessary qualifications; he is involved in many
practice especially corporate practice; based on the records he is a competent
professional

SC emphasized that the applicant to the bar must complete all the requirements.

Petition for Leave to Resume Practice of Law, Benjamin Dacanay &

In re: Petition to re-acquire the privilege to practice law in the Philippines, Epifanio Muneses

These involve the requirement of citizenship.

Benjamin Dacanay
Facts: He was a Filipino citizen, lawyer but he migrated to Canada and became a Canadian
citizen.
Epifanio Muneses
Facts: He went to the States and became a US citizen.

These lawyers, upon returning to the Philippines, they want to resume the practice of the
profession. They were able to reacquire their citizenship based on the law (RA 9225). But
after reacquiring the citizenship, does it follow that they can practice the profession
immediately?

Ruling: No, it is not automatic. While you may have reacquired your citizenship, you must
still comply with the ff requirements:
1. update the ibp dues - from the time when you were abroad
2. pay the professional tax
3. take the mcle - to be updated on the latest laws and jurisprudence while away from
the country
4. re-take the lawyer's oath

These lawyers can practice law in the Philippines after re-acquisition of citizenship provided
that they will comply with all these requirements.
Abellana vs DILG

This involves city attorney representing a client who were former employees of the city
engineering office.

Facts:The former employees filed a case for illegal dismissal against the city engineer. The
city councilor who is also a lawyer represented the former employees. But he did not secure
a written authority from the department head contrary to the memorandum issued by the
DILG. When the case was pending, there was the Local Government Code.

Contention of Abellana: questioned the DILG memorandum as well as the provision in the
LGC for being unconstitutional (i) for being discriminatory, because this requirement only
applies to lawyers (ii) it is only the SC who has the power to promulgate rules concerning
the practice, as such the DILG encroached on that power by requiring him to first secure an
authority before he could practice his profession

Issue: Whether or not he can represent even without the need of an authority from the
department head?

Ruling: Petition is not meritorious. Because:

1. It is true that the regulation of the practice of law is judicial in nature and involves
judicial discretion based on the provision of the Constitution; however, the
memorandum of DILG does not encroach on the power of the SC, it merely provides
for a rule of conduct designed by the DILG in order to avoid conflict of interest, in the
sense that the lawyer who is also a public official must see to it that his public
function must not conflict with his private practice
2. regarding the issue on 'discriminatory' on the provision of the LGC -- it applies not
only to lawyers but also the other profession, so it is not discriminatory

Petition dismissed.

Catu vs Rellosa

This involves a brgy captain who is also a lawyer.

Facts: Catu filed a complaint before the barangay. Catu is the owner of a building and he
wants the people occupying his thereof be removed/ejected. In the barangay proceeding,
the brgy captain mediated, they tried to settle amicably the controversy between the parties.
Unfortunately, the parties could not agree on a settlement so the brgy captain issued a
certificate to file action on the parties. Catu filed a case for ejectment against respondents in
the MTC. In the court proceeding, the brgy captain who is also a lawyer now represented
the respondents. Because of that representation, Catu filed a complaint for disbarment
against the brgy captain.

Findings of IBP:
1. the brgy captain violated Canon 6 of the Code of Professional Responsibility --
former govt lawyers representing conflict of interest;
2. he also violated RA 6713 --- which prohibits public officials from engaging in the
private practice of profession.
 3. recommended 1 month suspension for the brgy captain

Ruling: SC modified the findings of IBP.

1. the respondent brgy captain did not violate Canon 6 specifically 6.03 because that
provision of the code applies only to former govt lawyers; in this case, the brgy
captain is the incumbent official so the provision is not applicable
2. RA 6713 is not really the law in point to this case but it is the provision on the Local
Government Code which provides govt officials who are prohibited from engaging in
the practice of law and those who can practice but with restrictions. The SC referred
to that provision on city governors/mayors/sanggunian members. SC said that if we
examine that provision it does not mention or include brgy captain/chairman, so
applying the principle of expressio unius est exclusio alterius--the express mention of
one thing is the exclusion of the other. Because the brgy captain is not among the
enumerated in the law, in other words the law is silent so he can practice.
3. BUT, the brgy captain still violated the civil service rules which require him to secure
a written permission from the dept head (DILG); so instead of Canon 6, he violated
Canon 1, he engaged in an unlawful conduct because he violated the law.

Suspended for 6 months. Brgy captain should look up the term delicadeza.

Magno vs Velasco-Jacoba
This involves brgy proceedings -- pertains to proceedings wherein lawyers are prohibited
from personally appearing for a party in his office.

Facts: Magno filed a complaint against the respondent lawyer for a violation of LGC as well
as the Code of Professional Responsibility. There was a dispute between complainant and
her uncle. She filed a case before the brgy wherein the uncle allegedly authorized
respondent lawyer as an attorney-in-fact to appear in that brgy proceeding. Because of the
appearance of the atty, complainant questioned such representation.

Contention of Respondent: not appearing as a lawyer but as an attorney-in-fact.

[Attorney-at-law: one who is admitted to the bar and qualified fit to practice the profession
Attorney-in-fact: can be lawyer/non-lawyer, this authority is based on a document executed
by another person giving that attorney-in-fact to do the following acts; this power is usually
embodied in a document denominated as a special power of attorney]

Ruling: It's clear that based on the minutes of the brgy proceedings that respondent was
acting as lawyer/counsel for and in behalf of the uncle of complainant. Respondent violated
the provision on Katarungang Pambarangay Law which prohibits lawyers from personally
appearing before the brgy proceedings except if they are party to such proceeding or if they
represent a minor/incompetents. In this case, respondent does not fall to any of the
exceptions. Because of that, respondent was disciplined by SC and was fined 5,000.

The purpose of the provision of the Katarungan Pambarangay Law which prohibits the
personal appearance of lawyers is to enable the lupon/brgy to get firsthand information, to
get the facts out of the mouth of the parties; to expedite the settlement proceedings,
because the participation of the lawyers may only complicate and confuse the proceedings
and may prevent the parties from coming into an amicable settlement.
Code of Professional Responsibility

Divided into 4 parts:

1. Canon 1-6: Duties of a lawyer to the society
2. Canon 7-9: Duties of a lawyer to the profession/colleagues
3. Canon 10-13: Duties of a lawyer to the courts
4. Canon 14-22: Duties of a lawyer to the client

Usually ang violation sa cases on legal ethics kay naa sa 4th ug 1st, the rest gamay ra

Canon 1

Duty to uphold the Constitution and the laws of the country

Rules:
1.01 - Duty not to engage in unlawful, dishonest, immoral, deceitful conduct
1.02 - Duty not to counsel illegal activities
1.03 - Duty not to encourage lawsuits; duty not to delay any man's cause
1.04 - Duty to encourage amicable settlement

Canon 1 - Duty to uphold the Constitution and the laws

-primary duty of the lawyer to society, if you check the lawyer's oath that's the first thing that
is stated
-also includes the duty to follow orders and processes issued by the court; so if the lawyer
will violate the order of execution issued thereof, although it's not a law but an order of the
court, it violates Canon 1 Rule 1.01

Lawyer's Oath
-condensed code of ethics, code of professional responsibility
-commitment to be a law-abiding person, defender of truth and justice, advocate of law,
exemplar of loyalty and fidelity, model to the public to the professional life
-pirmi ni siya mu-appear sa bar exams mao na karon pa lang i-memorize na
LEGAL ETHICS NOV 24

In one case the SC said that the Lawyer's Oath or when the successful applicant to the
bar takes his oath, he is not just participating in the ceremony. He is signifying by taking
the oath that he is upholding the laws and provisions of the constitution among others.

Canon 1 Duty to uphold the Constitution and the laws

Lawyers Oath:

I,_____ of ______ (place of birth) do solemnly swear that I will maintain allegiance to the
Republic of the Philippines, I will support the Constitution and obey the laws as well as
the legal orders of the duly constituted authorities therein; I will do no falsehood, nor
consent to the doing of any in court; I will not wittingly or willingly promote or sue any
groundless, false or unlawful suit, or give aid nor consent to the same; I will delay no man
for money or malice, and will conduct myself as a lawyer according to the best of my
knowledge and discretion, with all good fidelity as well to the courts as to my clients; and
I impose upon myself these voluntary obligations without any mental reservation or
purpose of evasion. So help me God.

Lawyer's Oath contains almost the provisions and the rules of Code of Professional
Responsibility.

The Lawyers Oath is a condensed Code of Ethics

A solemn affirmation of the lawyers lifetime commitment to be: (i) a loyal citizen,
(ii) a law-abiding person, (iii) a defender of truth and justice, (iv) an advocate of the
rule of law, (v) an exemplar of loyalty and fidelity to the courts and to clients, and
(vi) a model to emulate both in his professional and private life
By swearing the lawyers oath, an attorney become a guardian of truth and the rule
of law, and an indispensable instrument of fair and impartial administration of
justice
a. I will maintain allegiance to the Canon 1, Rule 1.01, Rule 1.02
Republic of the Philippines; I will
support its Constitution and obey the
laws as well as the legal orders of
the duly constituted authorities
therein
b. I will do no falsehood, nor consent to Rule 1.01, Rule 7.01, Canon 10, Rule 10.01,
the doing of any in court Rule 10.02, Rule 12.06, Rule 15.05, Rule
19.01
 c. I will not wittingly nor willingly promote
or sue any groundless, false or
unlawful suit, or give aid nor consent
to the same
d. I will delay no man for money or malice
e. I will conduct myself as a lawyer
according to the best of my
knowledge and discretion, with all
good fidelity as well to the court as to
my clients
Rule 1.03, Rule 1.04, Canon 10, Rule
10.01, Rule 10.02, Rule 10.03, Canon 12,
Rule 12.01, Rule 12.02, Rule 12.03, Rule
12.04,
Rule 15.05, Canon 19
Rule 1.01, Rule 1.03, Rule 1.04, Canon 12,
Rule 12.01, Rule 12.02, Rule 12.03, Rule
12.04, Rule 14.04, Canon 18, Rule 18.02,
Rule 18.03, Rule 18.04, Canon 19, Rule
20.03, Rule 20.04
Canon 2, Canon 7, Canon 8, Canon 10,
Canon 11, Rule 11.01, Rule 11.02, Rule
11.03, Rule 11.04, Rule 11.05, Canon 12,
Canon 13, Canon 15, Rule 15.01, Rule
15.02, Rule 15. 03, Canon 16, Rule 16.01,
Rule 16.02, Rule 16.03, Rule 16.04, Canon
17, Canon 18, Rule 18.02, Rule 18.03, Rule
18.04, Canon 19, Rule 19.01, Rule 19.02,
Canon 21, Canon 22

This highlights the fact that the Lawyers Oath is important. SC emphasizes that violation
thereof is a ground for suspension and disbarment case (Guevarra v. Eala). Parts of the
oath

We also have other rules aside from the Lawyer's Oath which outlines the duties and
responsibilities of a lawyer.

Duties of an Attorney (Section 20, Rule 138, Rules of Court)

(a) To maintain allegiance to the Republic of the Philippines and to support the
Constitution and obey the laws of the Philippines;
(b) To observe and maintain the respect due to the courts of justice and judicial
officers;
(c) To counsel or maintain such actions or proceedings only as appearing to him to be
just, and such defenses only as he believes to be honestly debatable under the
law;
(d) To employ, for the purpose of maintaining the causes confided to him, such means
only as are consistent with truth and honor, and never seek to mislead the judge
or any judicial officer by an artifice of false statement of fact or law;
(e) To maintain inviolate the confidence, and at every peril to himself, to preserve the
secrets of his client, and to accept no compensation in connection with his clients
business except from him or with his knowledge and approval
 (f) To abstain from all offensive personality and to advance no fact prejudicial to the
honor or reputation of a party or witness, unless required by the justice of the cause
with which he is charged;
(g) Not to encourage either the commencement of the continuance of an action or
proceeding, or delay any mans cause, from any corrupt motive or interest;
(h) Never to reject, for any consideration personal to himself, the case of the
defenseless or oppressed;
(i) In the defense of a person accused of crime, by all fair and honorable means,
regardless of his personal opinion as to the guilt of the accused, to present every
defense that the law permits, to the end that no person may be deprived of life or
liberty, but by due process of law.

Canon 1 Duty to Uphold the Constitution and the Laws

Rule 1.01 Duty not to engage in unlawful, dishonest, immoral or deceitful conduct

Rule 1.02 Duty not to counsel illegal activities

Rule 1.03 Duty not to encourage lawsuits, duty not to delay any mans cause

Rule 1.04 Duty to encourage amicable settlement

Rule 1.01 Duty not to engage in unlawful, dishonest, immoral or deceitful conduct

Unlawful conduct transgression of any provision of law, need not be penal law or
criminal in nature
Dishonest act act of lying or cheating
Grossly immoral or deceitful conduct a conduct which is willful, flagrant, or
shameless, and which shows a moral indifference to the opinion of the good and
respectable members of the community; involves moral turpitude

SC emphasize in the case of Advincula that not all immoral act is not a ground for
disbarment or suspension. It must be gross otherwise mere intimacy will not merit
disciplinary action or disbarment.

Moral turpitude an act of baseness, vileness or depravity in the duties which one
person owes to another or to society in general which is contrary to the usually
accepted and customary rule of right and duty which a person should follow
Examples of crimes involving moral turpitude

Estafa
Bribery
Murder
Seduction
Abduction
Concubinage
Smuggling
Falsification of public document
Violation of BP 22
SC stressed that lawyers can be disciplined not only on those acts committed while he is
in the practice of the profession, but also to those acts that he commit while attending to
his private affairs.

Instances of Gross Immorality

1.Abandonment of wife and cohabiting with DISBARRED
another woman
2.Bigamy perpetrated by the lawyer DISBARRED
3.A lawyer who had carnal knowledge with DISBARRED
a
woman through a promise of marriage
which he did not fulfill
4.Seduction of a woman who is the niece of DISBARRED
a married woman with whom the
respondent lawyer had adulterous relations
5. Lawyer arranging the marriage of his son DISBARRED
to a woman with whom the lawyer had illicit
relations. After the marriage of the woman
to his son, the lawyer continued his
adulterous relations with her
6. Lawyer inveigling a woman into believing DISBARRED
that they had been married civilly to satisfy
his carnal desires
7. Lawyer taking advantage of his position DISBARRED
as chairman of the college of medicine and
asked a lady student to go with him in
Manila where he had carnal knowledge of
her under threat that if she refused, she
would flunk in all her subjects
8. Concubinage coupled with failure to SUSPENDED INDEFINITELY
support illegitimate children
9. Maintaining adulterous relationship with a SUSPENDED INDEFINITELY
married woman
10. Delivering bribe money to a judge on STERNLY WARNED
request of clients

This emphasizes that grossly immoral

conduct may not be sexual. It could be
some other acts.

11. Seducing a woman through a promise DISBARRED

of marriage by a married lawyer

Usually the violation in Rule 1.01 is a lawyer having extra-marital affairs.

Rule 1.02 Duty not to counsel illegal activities

Duty to be performed within the bounds of the law

Model in the community insofar as respect for law is concerned

If the lawyer will advise clients to do illegal acts or to consent for a client to do an illegal
act, the lawyer may be held liable by this rule.

Case: Stemmerik v. Mas

Rule 1.03 Duty not to encourage lawsuits, duty not to delay any mans cause

The lawyer has the duty to file the pleadings which are authorized the Rules of Court.
Because if it is not authorized, this may delay the proceedings. And if it is delay, you have
there the saying 'justice delayed is justice denied'.

The lawyer owes it to the society and to the court the duty not to stir up
litigation The reason for the rule: to prevent BARRATRY and
AMBULANCE CHASING

Definition
Barratry act of fomenting suits among individuals and offering his legal services
to one of them for monetary motives or purpose
Ambulance Chasing act of chasing (figuratively speaking) an ambulance carrying
the victim of an accident for the purpose of talking to the said victim or relatives
and offering his legal services for the filing of a case against the person who caused
the accident
 The act of a lawyer going after the victims of accidents or a crime and actively seek
these persons and offer his services to them.

Evils Spawned by Ambulance Chasing

Fomenting of litigation with resulting burdens on the courts and the public
Subornation of perjury
Not a criminal act. This is in a form of the lawyer encouraging and consenting to
the client to testify and make stories under oath.
Mulcting of innocent persons by judgments upon manufactured cause of actions
Defrauding of injured persons having proper causes of action but ignorant of legal
rights and the court procedure by means of contracts which retain exorbitant
percentages of recovery and illegal charges for court costs and expenses and by
settlement made for quick returns of fees and against the just rights of the injured
persons

It's possible that the injured persons that sought by the lawyer has a valid claim
against the liable party but nagdali man ang abogado nga maka collect, the lawyer
may just settle for less. The injured party may not be given his due.

Ex. Ka anha namo sa NLRC Arbitrary branch? Naay mu file ug kaso. Naa dayun
mangutana nimo naa kay abogado?. There are also instances where a person
will randomly ask you kanang mga mu file ug kaso sa Capitol, pila mu kabuok?
Naa muy abogado? They are in that manner committing ambulance chasing and
the lawyer who authorizes are also likewise guilty of AC. Because AC can be
committed by the lawyer through him or his authorized representatives.

Rule 1.04 Duty to encourage amicable settlement

Whenever the controversy will admit of fair judgment, the client should be
advised to avoid or to end the litigation (to avoid litigation expenses and to help
courts in the declogging of cases
A lawyer cannot compromise case without clients consent (Sec 23, Rule 138,
Rules of Court)
Effect of compromise without clients authority/consent: unenforceable,
meaning be ratified by the client if he/she so desires

It's the duty of the lawyer to inform the client the strengths and weaknesses of the case
and if it's possible to just settle. In entering in a compromise agreement, the lawyer cannot
compromise the case of the client without the consent and the authority of the client.
CASES:

Re: 2003 Bar Examinations

This involves the case of leakage of commercial law. Justice Vitug, the day after the
exams, nakadungog siya ug chika from his secretary. Saying that the source of the chika
is a bar examinee and was able to get the copy of a leakage. Justice Vitug asked to meet
the girl but she declined so his staff went and was able to photocopy the exam.

Based on the validation of the leakage, the SC at first decided to nullify the commercial
law exams and ordered to conduct another exam in October. But Law Schools
Associations and other groups petitioned the SC not to conduct other exam but just nullify
the exam and distribute the grade in commercial law to the other bar subjects. Since
conducting another exam will result to physical, mental, and financial difficulties of the
part of the examinees. SC reconsidered and agreed to distribute the grade.

SC later created an Investigating Committee composed of retired justices of the SC. They
investigated the office of Justice Vitug, the examiner of the commercial law (Atty Balgos),
and the office of Atty Balgos - his secretary, the computer in-charge, and others.

Based on the investigation it was determined that the leakage came from the office of Atty
Balgos and it was Atty De Guzman who was the party responsible for bringing (?) the
exams. It was him who downloaded the files from the office of Atty Balgos. According to
Atty Balgos, he does not know how to operate the computer. He was able to type the
exams only and asked the secretary to save and to print. The secretary admitted that she
saved and printed it and also admitted that she is the one assigned to open the computer
of Atty Balgos

Atty De Guzman admitted that he downloaded the questions from the computer of Atty
Balgos but he alleged that he thought that those were just questions/material to be used
by Atty Balgos in his new book. So, after downloading the questions, he faxed it to his
brother in the fraternity, Gravida, and other fraternity brothers. Gamay ra pero nakalat na.

Because of that, after the investigation there was a recommendation made by the
committee... disbarment of Atty De Guzman, public apology, and pay the SC. In regards
to Atty Balgos, an apology and he is not entitled to the honorarium. And the other persons
involved in the incident are further investigate to determine their criminal liability.

In the end, SC disbarred Atty De Guzman w/o public apology and Atty Balgos was not
allowed to get the honorarium. Further investigation was conducted to Atty De Guzman's
secretary and fraternity brothers.

(chika na si sir nga it was his year he took the bar exams)
 Barrientos v. Libiran-Meteoro
This involves of non-payment of just debt for issuance of worthless checks. Atty Meteoro
obtained a loan and she issued checks to fulfill her obligation but those checks bounced.
So there was a demand from the creditors to Atty Meteoro to pay the obligation. But the
lawyer failed to pay. So the complainants filed a criminal case on the ground of violation
of BP Blg 22. The lawyer made several promises to pay the debt, thereafter.

During the investigation, the lawyer made promises to pay *saba kaayo ming 3 sge tabi
haha* Ultimately, the SC found her guilty of the charges for non-payment of the debt
because she did not deny that she has obligations nga utangan jud siya. And it is also
undisputed that she issued checks which bounced. So, the SC found her guilty. She was
suspended for 3 months. Instead of 1 year, only 3 months because partial payments were
made by the respondent lawyer.

Usually cases of nonpayment of debts and bouncing checks, penalty given by SC is 1

year suspensions but in the instant case there is partial payment, so only 3 months. So
again, the SC has the discretion on what kind of penalty will be given.

Barrios v. Atty. Francisco Martinez

This involves violation of BP Blg 22. There was complained against disbarment for
conviction of crime of violation of BP Blg 22. And the respondent lawyer is also involved
in another criminal case which involves an estafa case which refers to a sinking of a ship
and its victims. That the respondent lawyer pocketed most of the amount awarded to the
victims (the court rewarded Php 90 000, he charged Php 60 000 for attorney's fees, only
Php 30 000 for the victims). So, these are the allegations.

In that proceedings, he did not timely file his comment as his answer to the complaint. He
said that he underwent medical operations. And then that the complainant passed away
already. And that the case filed is an option for a civil case involving the family of the
complainant was ejected. There was ejectment case. Ingun siya, retaliation ra ni sa
complainant. He also alleged that SC should take into account his old age and his public
service as a judge.

Issue: W/N the lawyer should be disbarred in the practice of the profession

SC said that conviction of a crime involving moral turpitude meaning the violation of BP
Blg 22 is considered a ground for disbarment as provided in the rules. So klaro na siya.
Issuance of a bouncing check, wala pay conviction, in this case there is already a final
judgment (katung sa victims nga issue). Because of the final conviction of the crime, he
should be disbarred and aside from that he abused the processes and disobeyed the
lawful orders of the IBP. So gipadakop na siya for contempt. So, he was disbarred.
Tigulang naman pud siya so at least nahuman na siya sa iyang practice. He was disbarred
for his unlawful conduct.
Legal Ethics Nov 29

Cases under Canon 1: Continuation

Last meeting we discussed the case of In Re: 2003 Bar Examination.This involves the act of
dishonesty done by Atty De Guzman and he was disbarred for downloading the exam for
Commercial Law.

Also we discussed the case of Barrientos vs Tolentino, involving the issuance of a bouncing
check and the non-payment of just obligation.

We also have Barrios vs Martinez. In the case Barrientos, the lawyer was suspended for 6
months. However, in Barrios vs Martinez, the respondent lawyer was disbarred on the
ground that there was already conviction on the crime involving moral torpitude.

Atty Martinez was convicted of the crime, violation of BP 22 and the SC said that violations
of BP 22 involve moral torpitude, and conviction of a crime involving moral torpitude is a
ground for disbarment under Rule 138 of the Rules of Court.

A1 Final Services vs Valerio

Facts: This involves the lawyer contracting a loan obligation. Out of that transaction the
lawyer issued a check; with that check, he secured the obligation. However, the lawyer
failed to pay the obligation and the check that she issued bounced. Because of that, the
lending corporation filed a criminal case against the lawyer. There was a warrant issued by
the MTC and the corporation informed the respondent lawyer the issuance of the warrant
but nonetheless the lawyer still did not pay the obligation. So there was a complaint for
suspension or disbarment filed by the corporation. In the disciplinary proceeding, the
respondent lawyer was notified by the IBP but the lawyer did not file her answer to that
complaint, and she did not also participate in that proceeding. It was her mother instead
who wrote the IBP that her daughter could not participate because she was suffering from
an illness--schizophrenia. The SC did not believe the mother. But the mother produced a
medical certificate but again the SC said that the medical certificate could not be given
weight and credence because it was not notarized and the doctor who issued it was not
presented to authenticate the certificate. The IBP gave another opportunity on the part of
the respondent lawyer to submit a notarized medical certificate but she failed to do so.
Because of that, the disciplinary proceedings went on and she was found guilty on the
charges.

Ruling: Instead of the issue on 1 year suspension for offensive involving the non-payment
of just debt and the issuance of the bouncing check, SC penalized the respondent lawyer
with 2 years suspension on the following considerations:

1. There was non-payment of just debt (there was no issue that the respondent lawyer has
an outstanding obligation; the respondent lawyer did not exhumed such obligation)
2. She issued a check which bounced (there is a pending criminal case)
3. She failed to obey the order of the IBP (to comment/participate in the proceedings)
Based on these obligations, the proper penalty for the respondent lawyer should be 2 years
suspension; because if she had participated in the proceedings, the SC could have lowered
it, probably just 1 year. But because there's another offense while the proceedings are
conducted--in the manner that she failed to obey the proceedings of the IBP, then the SC
increased the penalty.

Cham vs Moya

Facts: This is case involving a lawyer who was disciplined by the SC for acts committed not
in relation to the practice of law. In this case, the respondent lawyer leased a unit for 1 year
and that lease expired. But she asked the owner of the property to extend the lease and she
promised to pay the rentals for the extended period. Unfortunately, the respondent lawyer
failed to pay the rentals. She likewise failed to pay the electric bills. Because of that, there
were demands against her and the owner of the property filed a complaint before the IBP.
The IBP recommended the dismissal of the complaint; probably on the ground that the act
committed by respondent lawyer was not in relation to the practice of law, it's based on
another obligation which is civil.

Contention of Lawyer: She already paid the rentals and she was not able to return the key
of the leased apartment because she does not know the address of the owner of the
property.

Ruling: The respondent lawyer should be disciplined for non-payment of just debt and for
her act of surreptitiously leaving the leased apartment.
1. If you claim payment, you should be able to show proof that you had indeed paid the
rental, and the best evidence is the receipts. Failure on your part to produce those
documents would mean that you had not paid those rentals. SC: he who alleges has the
burden of proof.
2. On the claim that she does not know the address of the owner, SC said that this claim
should not be given weight and credence because how could you have paid the rentals for
1 year or the fees if you don't know the address of the owner of the property.

For these acts, the SC suspended the respondent lawyer for 3 months. This case
emphasized the fact that the Code of Professional Responsibility will govern the conduct of
the lawyer in his affairs as a lawyer--in his handling a case for a client, as well as in his
private affairs. He could be disciplined in or out of court.

Guarin vs Limpin

Facts: This involves a lawyer indicating a name of a person in that document that she
submitted to the Securities and Exchange Commission (SEC) which is inaccurate. So
Guarin filed a complaint for disbarment against Atty Limpin because his name was written in
the General Information Sheet that Atty Limpin prepared and submitted before the SEC.

Contention of Complainant: His name should not be found in the document because he is
not a stockholder nor officer of the corporation anymore subject of that GIS.

Contention of Respondent: She wrote the name of Guarin because they had a
communication wherein Guarin agreed that he would meet the respondent lawyer and he
would sign the deed of assignment for the shares. But that meeting did not transpire
because Guarin did not attend. But nonetheless, Limpin still wrote the name of Guarin in the
document and she submitted the same to the SEC. She also contends that she intended to
change the document, unfortunately the corporation was already dissolved. She claimed
good faith in writing the name of Guarin.

Ruling: Limpin could not claim good faith because if you check the document that she
submitted to SEC, it contained there a verification and in that portion she verified that all the
contents therein are true and correct and base on authentic records. So there was a
representation on her part that indeed all the data contained therein are accurate and true
and the same is a notarized document. Because of that she was disciplined, aside from the
fact that she allowed herself to dictated by an officer of the corporation with respect to the
election of certain corporate officers. She was suspended for 6 months.

Guevarra vs Eala

Facts: It all started when Guevarra introduced his fiance to Eala, and later on Guevarra got
married with his fiance, Irene. During the marriage, Guevarra noticed that his wife always
comes home late or the next day na mu-uli. He started to suspect the actuations and
whereabouts of the wife. Because of that, they had a quarrel then the wife left the conjugal
home. During the birthday celebration of the wife, the husband tried to surprise her and
attended the party but he was surprised that he saw his wife with Eala in that party (mura'g
salida daw ingon sir nyahaha). When he went over the things of the wife, he discovered the
love letter. Eala wrote, probably write before the marriage of Guevarra to Irene. The wife left
the conjugal home and got her share of the appliances and she moved in with Eala.

Guevarra later learned that his wife got pregnant and bore a child. And in that birth cert of
the child, there was the name of Eala. Based on all these circumstances, Guevarra filed a
complaint for disbarment against Eala for grossly immoral conduct and unmitigated violation
of the lawyer's oath.

Contention of Eala: He should not be held liable for grossly immoral conduct because the
affair is just low-key. It was known within the family circle, discreet lang daw, it was not
committed under scandalous circumstances. During the proceedings, Eala moved for the
dismissal of disbarment proceedings alleging that there was already a complaint for
annulment filed, and in fact the marriage was annulled. He also contends that the
disbarment proceedings should be dismissed because Guevarra already moved to withdraw
the criminal complaint, a separate complaint filed before the DOJ.

Issue: W/N Eala should be held liable for his entering with an affair with the wife of
Guevarra
W/N the disbarment proceeding should be dismissed

IBP: Eala should be disbarred but the board of governors reversed and ordered the
dismissal without stating the reasons for the dismissal of complaint.

Ruling: SC did not agree with the board of governors. There was grossly immoral conduct
committed by Eala. While there was no direct evidence on the illicit affair of Eala and Irene,
pero ingon SC nga naa kay love letter, newspaper clipping, and birth certificate (which was
denied by Eala) but SC said the Eala in his answer to the complaint for disbarment posited
a negative pregnant. Ingon siya, wa niya gi-deny but wa pud siya gi confirm, so mura'g naa
siyay admission but with qualification. It's clear on your allegation on your answer that you
admitted the relationship.

SC said to Eala na, you're a married person and Irene is also married to another man, so
your act in engaging extra-marital relations is a violation of the Code as well as a disregard
on the sanctity of marriage which is protected by the provisions in the Constitution as well
as the provisions of the Family Code.

The disbarment proceeding should continue and should not be dismissed notwithstanding
the civil case for annulment as well as the criminal case before the DOJ because the
disbarment proceeding is a sui generis proceeding; it is a class of its own. The purpose of a
disbarment proceeding is not to accord relief to any of the parties but it is for the court to
determine whether or not the lawyer, an officer of the court has still the qualifications to
practice the profession; whether or not that person is still fit to practice law. That's the main
objective of a disbarment proceeding.

SC disbarred Eala.

Figueroa vs Barranco

Facts: In this case, tiguwang na siya naka take ug oath. It took the SC 26 years to resolve
the case. The case started way back in the 1970s; and 26 years after, the SC resolved the
case finally allowing the lawyer to take the oath.

So the complainant and respondent lawyer were steadies (uyab). In fact, Barranco was the
escort of Figueroa anang reyna2x sa probinsya. They had a relationship and out of that
relationship, Figueroa bore a child. Barrano made several promises to Figueroa that he
would marry her after passing the bar. But after passing the bar, he married another girl.
Nasakitan si complainant. Because of that, she filed a complaint for the denial of admission
of Barranco to the bar [if dili ka ma-ako, di sad ka ma-abogado].

It took the SC 26 years because every time the respondent would move for the dismissal of
the case for failure of the complainant to prosecute (kay wa man gipalihok sa complainant
ba); the complainant would immediately file an opposition, human di na sad ma-resolve.
After several years, the respondent would nullify that motion and then the complainant
would again oppose. Finally the SC resolved the case.

Ruling: Mere intimacy between a man and a woman who have no impediments to marry
each other does not necessarily mean that there's grossly immoral conduct involved, in that
case, notwithstanding the fact that there is a child that is born out of that relationship.

SC did not believe the complainant when she claimed that she was forced to have sex with
the respondent (ingon SC, human nimog panganak sige man gihapon kag kita niya, na
force ka?).
SC nag hugot: We cannot castigate a man for seeking out the partner of his dreams
(AWW). For marriage is a sacred and perpetual bond it should be entered into because of
love, and not for any other reason (DZAA).

SC after 26 years finally allowed the respondent to take the lawyer's oath at the ripe age of
62.

Advincula vs Macabata

Facts: Macabata was engaged by Advincula for the intended filing for a civil case against a
traveling agency. Complainant wanted to seek the recovery of money against the traveling
agency because of that transaction which went bad with respect to her travel.

The respondent had meetings with the complainant. So they had dinner so after dinner, the
respondent offered to bring home the complainant. According to complainant, when she
was upon alighting the vehicle of respondent, respondent allegedly held her arm and kissed
her on the lips.

Contention of respondent: complainant offered her cheeks;

(saba kaayo ang class sige katawa di madungog)

They had another meeting this time, lunch napod. After that, respondent lawyer offered to
bring home the complainant. Pero ni ingon ang complainant, "i-drop lang ko somewhere."
Respondent again, according to complainant, kissed her (class erupts in laughter napud
sorry di madungog). Because of that, there were then text messages between the
complainant and respondent. So the respondent asked for apology and then the
complainant informed the lawyer that she will engaged another counsel and she will be filing
a complaint against the respondent, so she filed a complaint for disbarment against
the respondent lawyer.

Issue: W/N the acts committed by the respondent constitute grossly immoral conduct which
would result to his suspension/disbarment

Ruling: SC defined what is a grossly immoral conduct.

SC also said that mere beso-beso is not grossly immoral conduct. Also, that allegation of
complainant that respondent touched her breasts could not have happened because the
place happened in a public and crowded place. If the respondent really rendered his desire
for the complainant, he could have brought her to a more secluded area.

SC merely reprimanded Macabata. The act committed by the respondent lawyer is not
grossly immoral conduct but it may be still distasteful. SC even went on to state that there
was no malice committed by respondent lawyer.
Zaguirre vs Castillo

Facts: This involves a married person entering into extra marital relations. Complainant and
respondent were co-workers at the NBI. While respondent was preparing for the bar, he had
a relationship with the complainant and out of that relationship, complainant got pregnant. It
was only when the respondent passed the bar that the complainant learned that he was a
married person because the wife went to the office and confronted the complainant (murag
salida). Because of that, complainant filed a complaint for disbarment against the
respondent.

Contention of respondent: Complainant knew that he was a married person; and that
complainant was also seeing other men; and it was also public knowledge in the office that
he's a married person; no relief should be accorded to the complainant because she does
not come to the court with clean hands--he argued on the principle of in pari delicto--that
they are both guilty so quits na lang daw

Ruling:
1. In that principle of in pari delicto--cannot be applied in disbarment proceedings. The
purpose of a disbarment proceeding is to determine whether or not that person is still fit to
practice the profession. That principle (in pari delicto) is with respect to civil law.
2. It is undisputed that respondent is a married person, by engaging in that affair, he
violated the Code and disregarded the sanctity of the marital vow.
3. He likewise failed to support the child despite the fact that he earlier promised to support
the child (he executed an affidavit) but he denied later.

Respondent lawyer was suspended indefinitely. Pareha ra pud ug disbarment kay wa man
ka kaibaw kung kanus-a mahuman.

Ventura vs Samson

Facts: This involves a case on an allegation of rape committed by the respondent lawyer.
The complainant alleged that when she was under the custody and guardianship of the
respondent, the respondent raped her twice. The first one was in the house of the
respondent; the second was in the farm of the respondent. There was this claim of rape and
in fact there was this criminal case instituted against the respondent for rape but the
prosecutor's office did not file a case for rape but on qualified seduction.

Contention of respondent:
1. He denied that he knew that complainant was a minor
2. There was mutual agreement for the sexual congress
3. No human law that punishes a person who has sex with a woman with mutual agreement
and complainant accepts compensation
4. Complaint was instigated by the mother of complainant because she was terminated from
the law office of respondent; that mother of the extort money from the respondent

IBP-CBD: Recommended the suspension of 1 year, this was increased by the Board of
Governors by 5 years (because complainant was a minor and this was an act of immorality
plus the fact that the respondent is a married person)
Ruling: SC did not merely suspend the respondent. This case should merit the penalty of
disbarment. In fact during proceedings, it's clear that on the part of the respondent, there
was no remorse or feeling of being guilt (like okay ra to na-happening kay nagbayad man
siya).

Stemmerick vs Mas

Facts: Respondent gave advice the complainant foreigner that he could purchase a
property here in the PH. He even offered a property in Subic. Because of that, the
complainant gave 400k to the respondent lawyer as part of fees for preparation of the
documents of conveyance (sale). Respondent also prepared documents purportedly
showing the sale of a property from certain De Mesa to Gonzales and to the complainant.

Later on, the complainant gave the amount of 3.8 M for the price of the property. When the
complainant asked from the respondent a copy of the title of the property he could no longer
contact or find the lawyer. He went back to the PH and sought the advice of another
counsel/law firm. The law firm informed him that a foreigner cannot acquire a property here
in the PH. Also, upon verification of the DENR, it was further discovered that the party is
alienable (di siya pwede mabaligya, public land).

Because of that, complainant filed a complaint for disbarment against respondent for him to
also recover the amount that he gave to the respondent. There were notices issued by the
IBP against respondent, unfortunately the respondent could no longer be found in his office,
running away with the money of complainant.

IBP-CBD: recommended disbarment, later on adapted by the board of governors plus

ordered the restitution of the amount

Ruling: Adapted and affirmed the recommendation of IBP ordering the disbarment of the
respondent lawyer and to return the amount plus interest.

1. There was due process observed by the IBP notwithstanding the fact that respondent
lawyer failed to file his answer to the complaint, and notwithstanding the fact that he failed
to participate in the proceedings, SC said there was still observance of due process
because it is the obligation of the respondent lawyer to inform and update the IBP his
address and the change thereof. The serving of the notices with respect to the disbarment
proceedings with the last known address of the respondent is sufficient and it complies with
the requirement of due process.

2. Respondent lawyer violated several rules and canons of the code of professional
responsibility: Rule 1.01, Rule 1.02, Canon 7, Canons on duty of the lawyer to the client. He
violate the code because he gave counsel on the complainant on matters which are illegal
yet he gave advice to complainant to purchase a property when in fact the complainant is
not qualified/prohibited from acquiring property in the PH; moreover, he ran away with hte
money of the complainant
Respondent was disbarred and ordered to return the amount and NBI was directed to locate
him.
Case discussion
ULEP v The Legal Clinic, Inc.
Facts:
Petition: petition for respondent to cease
and desist from issuing advertisements
and to perpetually prohibit from making
advertisements pertaining to the exercise
of the law profession
Petitioner sought the said petition since
the advertisements made by respondent
were unethical and demeaning to the law
profession.
Respondent admits the publications but
contends that it is not engaged in the
practice of law but in the rendering of
legal support services through paralegals
and the making of such advertisements
should be allowed.
Issue:
W/N the services offered by the
respondent as advertised by it constitutes
practice of law, and in either case, whether
the same can properly be the subject of the
advertisements herein complained of.
Integrated bar of the Philippines:
Legal support services and legal services
has no distinction.
The use of the name the Legal Clinic
gives the impression that respondent corp.
Is being operated by lawyers and renders
legal services. Just like the term medical
clinic connotes doctors.
The advertisements in question induce the
performance of acts contrary to law,
morals, public order, and public policy.
Respondent should be enjoined from
causing the publication of the
advertisements in question, or any other
advertisements similar thereto.
Philippine Bar Association:
Respondents acts of holding out itself to
the public under the name the legal clinic
and soliciting employment for its
enumerated services fall within the realm
of a practice which thus yields itself to the
regulatory powers of the Supreme Court.
It has been held that the practice of law is
not limited to the conduct of cases in court,
but includes drawing of deeds,
incorporation, rendering opinions, and
advising clients as to their legal right and
then take them to an attorney and ask the
latter to look after their case in court.
Only natural persons can engage in the
practice of law. The scheme is an odious
vehicle for deception, especially so when
the public cannot ventilate any grievance
for malpractice against the business
conduct.
Philippine Lawyers Association:
The Legal Clinic is engaged in the practice
of law. Its advertised services clearly and
convincingly show that it is indeed engaged
in law practice. It offers the public its
advisory services on persons and family
relations law.
The advertisements complained of are not
only unethical, but also misleading and
patently immoral.
UP Women Lawyers Circle:
Only lawyers are qualified to practice law.
The general public should be protected
from the dangers which may be brought
about by advertising of legal services.
 The name the Legal Clinic gives the
impression lawyers are involved.
Women Lawyers Association of the Philippines:
The advertisements were clearly made to
solicit cases for the purpose of gain which
is illegal against the code of CPR.
Advertisements seems to project that
secret marriages and divorce are possible
in this country for a fee.
Federacion Internaitonal de Abogadas
The fact that the business involves
knowledge of law does not necessarily
make respondent guilty of unlawful
practice of law.
Ruling:
Practice of Law meany any activity, in or
out of the court, which requires the
application of law, legal processes, training
and experience. To engange in the practice
of law is to perform those acts which are
characteristics of the profession, generally,
to practice law is to give advice or render
any kind of service that involves leagal
knowledge or skill.
Agrees with the perceptive findings and
observations of the aforstated bar
associations that the activity of
respondent, as advertised, constitutes
practice of law.
the respondent gives out legal information
to laymen and lawyers. It will necessarily
have to explain to the client the intricacies
of the law and advise him/her on the
proper course of action to be taken as may
be provided for by said law.
The fact that the corporation employs
paralegals to carry out its services is not
controlling. What is important is thait is
engaged in the practice of law by virtue of
the nature of the services it renders which
thereby brings it within the ambit of the
statutory prohibitions against
advertisements which it has caused to be
published.
the Code of Professional Responsibility
provides that a lawyer in making known his
legal services shall use only true, honest,
fair, dignified and objective information or
statement of facts.
He is not supposed to use or permit the
use of any false, fraudulent, misleading,
deceptive, undignified, self-laudatory or
unfair statement or claim regarding his
qualifications or legal services.
not all types of advertising or solicitation
are prohibited. The canons of the
profession enumerate exceptions to the
rule against advertising or solicitation and
define the extent to which they may be
undertaken. The exceptions are of two
broad categories, namely, those which are
expressly allowed and those which are
necessarily implied from the restrictions.
Such data must not be misleading and may
include only a statement of the lawyer's
name and the names of his professional
associates; addresses, telephone numbers,
cable addresses; branches of law practiced;
date and place of birth and admission to
the bar; schools attended with dates of
graduation, degrees and other educational
distinction; public or quasi-public offices;
posts of honor; legal authorships; legal
teaching positions; membership and offices
in bar associations and committees
thereof, in legal and scientific societies and
legal fraternities; the fact of listings in
other reputable law lists; the names and
 addresses of references; and, with their
written consent, the names of clients
regularly represented
The use of an ordinary simple professional
card is also permitted. The card may
contain only a statement of his name, the
name of the law firm which he is
connected with, address, telephone
number and special branch of law
practiced. The publication of a simple
announcement of the opening of a law firm
or of changes in the partnership,
associates, firm name or office address,
being for the convenience of the
profession, is not objectionable. He may
likewise have his name listed in a
telephone directory but not under a
designation of special branch of law.
Atty. Rogelio P. Nogales, who is the prime
incorporator, major stockholder and
proprietor of The Legal Clinic, Inc. is a
member of the Philippine Bar, he is hereby
reprimanded, with a warning that a
repetition of the same or similar acts which
are involved in this proceeding will be dealt
with more severely.
ACCORDINGLY, the Court Resolved to
RESTRAIN and ENJOIN herein respondent,
The Legal Clinic, Inc., from issuing or
causing the publication or dissemination of
any advertisement in any form which is of
the same or similar tenor and purpose as
Annexes "A" and "B" of this petition, and
from conducting, directly or indirectly, any
activity, operation or transaction
proscribed by law or the Code of
Professional Ethics as indicated herein.
KHAN v SIMBILLO
Facts:
Ms. Ma. Theresa B. Espeleta, a staff
member of the Public Information Office of
the Supreme Court, called up the published
telephone number and pretended to be an
interested party.
She spoke to Mrs. Simbillo, who claimed
that her husband is an expert in handling
annulment cases and can guarantee a
court decree within four to six months,
provided the case will not involve
separation of property or custody of
children,
her husband charges a fee of P48,000.00,
half of which is payable at the time of filing
of the case and the other half after a
decision thereon has been rendered.
petitioner filed an administrative complaint
against respondent for improper
advertising and solicitation of his legal
services, in violation of Rule 2.03 and Rule
3.01 of the Code of Professional
Responsibility and Rule 138, Section 27 of
the Rules of Court
respondent admitted the acts imputed to
him, but argued that advertising and
solicitation per se are not prohibited acts;
Integrated Bar of the Philippines:
respondent guilty of violation of Rules 2.03
and 3.01 of the Code of Professional
Responsibility and Rule 138, Section 27 of
the Rules of Court, and suspended him
from the practice of law for one (1) year
with the warning that a repetition of
similar acts would be dealt with more
severely
Issue:
W/N advertising the law profession is
prohibited
Ruling:
Rule 2.03. A lawyer shall not do or permit
to be done any act designed primarily to
solicit legal business.
Rule 3.01. A lawyer shall not use or permit
the use of any false, fraudulent,
misleading, deceptive, undignified, self-
laudatory or unfair statement or claim
regarding his qualifications or legal
services.
the practice of law is not a business. It is a
profession in which duty to public service,
not money, is the primary
consideration. Lawyering is not primarily
meant to be a money-making venture, and
law advocacy is not a capital that
necessarily yields profits
The following elements distinguish the
legal profession from a business:
1. A duty of public service, of which the
emolument is a by-product, and in which
one may attain the highest eminence
without making much money;
2. A relation as an officer of the court to
the administration of justice involving
thorough sincerity, integrity and
reliability;
3. A relation to clients in the highest degree
of fiduciary;
4. A relation to colleagues at the bar
characterized by candor, fairness, and
unwillingness to resort to current
business methods of advertising and
encroachment on their practice, or
dealing directly with their clients.
While he professes repentance and begs
for the Courts indulgence, his contrition
rings hollow considering the fact that he
advertised his legal services again after he
pleaded for compassion and after claiming
that he had no intention to violate the
rules.
WHEREFORE, in view of the foregoing,
respondent RIZALINO T. SIMBILLO is found
GUILTY of violation of Rules 2.03 and 3.01
of the Code of Professional Responsibility
and Rule 138, Section 27 of the Rules of
Court. He is SUSPENDED from the practice
of law for ONE (1) YEAR effective upon
receipt of this Resolution. He is likewise
STERNLY WARNED that a repetition of the
same or similar offense will be dealt with
more severely.
Villatuya v Tabalingcos
Facts:
This is a Complaint for disbarment
respondent for unlawful solicitation of
cases, violation of the code or Professional
Responsibility for nonpayment of fees to
complainant, and gross immorality for
marrying two other women while
respondents first marriage was subsisting
Complainant was employed by respondent
as a financial consultant to assist the latter
on technical and financial matters in the
latters numerous petitions for corporate
rehabilitation filed with different courts.
 Complainant claimed that they had a
verbal agreement whereby he would be
entitled to P 50,000 for every Stay Order
issued by the court in the cases they would
handle, in addition to ten percent (10%) of
the fees paid by their clients.
Allegedly respondent set up two financial
consultancy firms, Jesi and Jane
Management, Inc. and Christmel Business
Link, Inc., and used them as fronts to
advertise his legal services and solicit cases.
complainant accused respondent of
committing two counts of bigamy for
having married two other women while his
first marriage was subsisting.
He submitted a Certification issued by the
Office of the Civil Registrar General-
National Statistics Office (NSO) certifying
that herein respondent contracted
marriage thrice.
Respondent asserted that complainant was
not an employee of his law firm,
Tabalingcos and Associates Law Office, but
of Jesi and Jane Management, Inc., where
the former is a major stockholder.
Respondent also alleged that there was no
verbal agreement between them regarding
the payment of fees and the sharing of
professional fees paid by his clients.
Respondent contended that his law firm
had an agreement with Jesi and Jane
Management, Inc., whereby the firm would
handle the legal aspect of the corporate
rehabilitation case.
Respondent did not specifically address the
allegations regarding his alleged bigamous
marriages with two other women but Lter
on said that he filed a petion for nullity of
marriage.
IBP- CBD:
On the first charge complainant failed to
prove dishonesty on the part of
respondent.
On the second charge, the Commission
found respondent to have violated the rule
on the solicitation of client for having
advertised his legal services and unlawfully
solicited cases. It failed, though, to point
out exactly the specific provision he
violated.
As for the third charge, the Commission
found respondent to be guilty of gross
immorality for violating Rules 1.01 and 7.03
of the Code of Professional Responsibility
and Section 27 of Rule 138 of the Rules of
Court. Due to the gravity of the acts of
respondent, the Commission
recommended that he be disbarred, and
that his name be stricken off the roll of
attorneys.
Issue:
1. Whether respondent violated the
Code of Professional Responsibility by
nonpayment of fees to complainant
2. Whether respondent violated the
rule against unlawful solicitation, and
3. Whether respondent is guilty of gross
immoral conduct for having married
thrice
Ruling:
Based on the allegations, respondent had
agreed to share with complainant the legal
fees paid by clients that complainant
solicited for the respondent. Complainant,
however, failed to proffer convincing
 evidence to prove the existence of that
agreement.
Considering that complainants allegations
in this case had not been proven, the IBP
correctly dismissed the charge against
respondent on this matter.
A review of the records reveals that
respondent indeed used the business
entities mentioned in the report to solicit
clients and to advertise his legal services,
purporting to be specialized in corporate
rehabilitation cases. Based on the facts of
the case, he violated Rule 2.03 of the Code,
which prohibits lawyers from soliciting
cases for the purpose of profit.
A lawyer is not prohibited from engaging in
business or other lawful occupation.
Impropriety arises, though, when the
business is of such a nature or is conducted
in such a manner as to be inconsistent with
the lawyers duties as a member of the bar.
This inconsistency arises when the business
is one that can readily lend itself to the
procurement of professional employment
for the lawyer.
This circumvention is considered
objectionable and violates the Code,
because the letter is signed by respondent
as President of Jesi & Jane Management,
Inc., and not as partner or associate of a
law firm.
BR Sebastian Enterprises v CA
Rule 15.08 of the Code mandates that the
lawyer is mandated to inform the client
Facts:
whether the former is acting as a lawyer or
in another capacity.
, we affirm the recommendation to
reprimand the latter for violating Rules
2.03 and 15.08 of the Code.
In this case, complainant submitted NSO-
certified true copies to prove that
respondent entered into two marriages
while the latters first marriage was still
subsisting
Respondent is guilty of gross immorality
under the Code.
No distinction has been made as to
whether the misconduct was committed in
the lawyers professional capacity or in his
private life. This is because a lawyer may
not divide his personality so as to be an
attorney at one time and a mere citizen at
another.
His acts of committing bigamy twice
constituted grossly immoral conduct and
are grounds for disbarment under Section
27, Rule 138 of the Revised Rules of Court
WHEREFORE, this Court resolves the
following charges against Atty. Bede S.
Tabalingcos as follows:
1. The charge of dishonesty is
DISMISSED for lack of merit.
2. Respondent is REPRIMANDED for acts
of illegal advertisement and solicitation.
3. Atty. Bede S. Tabalingcos is
DISBARRED for engaging in bigamy, a
grossly immoral conduct.
This is a petition for prohibition
and mandamus, with prayer for
preliminary injunction, to review the
Resolution of respondent Court of Appeals
in denying petitioner's motion to reinstate
 its appeal, earlier dismissed for failure to
file the Appellant's Brief.
Eulogio B. Reyes, now deceased, filed an
action for damages with the then Court of
First Instance (now Regional Trial Court) of
Rizal, Pasay City Branch.
the trial court rendered a decision finding
petitioner liable for damages but absolving
the other defendants.
Petitioner, thru its counsel, the law firm of
Baizas, Alberto and Associates, timely
appealed the adverse decision to the
respondent Court of Appeals.
the plaintiff-appellee therein, Eulogio B.
Reyes, died. Upon prior leave of the
respondent Court, he was substituted by
his heirs.
petitioner, thru its then counsel of record,
received notice to file Appellant's Brief
within 45 days from receipt thereof.
Counsel for petitioner failed to file the
Brief. Respondent Court issued a
Resolution requiring said counsel to show
cause why the appeal should not be
dismissed for failure to file the Appellant's
Brief within the reglementary period.
Counsel failed to comply with the said
resolution.
respondent Court issued another
Resolution this time dismissing petitioner's
appeal.
petitioner, this time thru the BAIZAS LAW
OFFICE, filed a motion for
reconsideration of the resolution
dismissing its appeal alleging that the
failure to comply with the appellants brief
and the resolutions was due to the death
of Atty. Crispin Baizas, senior partner in the
law firm of BAIZAS, ALBERTO &
ASSOCIATES.
furthermore, Atty. Rodolfo Espiritu, the
lawyer who handled this case in the trial
court and who is believed to have also
attended to the preparation of the
Appellant's Brief but failed to submit it
through oversight and inadvertence, had
also left the firm.
respondent Court denied the motion for
reconsideration,
No action having been taken by petitioner
from the above Resolution within the
period to file a petition for review.
Trial court issued a writ of execution. But
on November 1975, petitioner filed with
Court of Appeals a Motion to Reinstate
Appeal with Prayer for Issuance of a Writ of
Preliminary Injunction but was
subsequently denied.
Petitioner filed prohibition and mandamus,
with prayer for preliminary injunction with
the Supreme Court to Court of Appeals
denial of petitioners motion.
SC required them to comment and soon
after, some amendments were made.
Ultimately, the petition was denied.
But on May 1976, petitioner filed a motion
for its reconsideration claiming that since it
was deprived of the right to appeal without
fault on its part, the petition should be
given due course.
Supreme Court reconsidered and required
both parties to submit simultaneously their
respective Memoranda.
Issue:
Whether or not the respondent Court of
Appeals gravely abused its discretion in denying
petitioners motion to reinstate its appeal,
previously dismissed for failure to file the
Appellants Brief
Ruling:
In the instant case, no fraud is involved;
what obtain is simple negligence on the
part of petitioner's counsel, which is
neither excusable nor unavoidable.
Petitioner thus failed to demonstrate
sufficient cause to warrant a favorable
action on its plea.
Petitioner's counsel was the law firm of
BAIZAS, ALBERTO & ASSOCIATES and not
merely Atty. Crispin Baizas. Hence, the
death of the latter did not extinguish the
lawyer-client relationship between said
firm and petitioner.
Undoubtedly, there was inexcusable
negligence on the part of petitioner's
counsel in failing to file the Appellant's
Brief. As revealed by the records,
petitioner's counsel, the BAIZAS ALBERTO
& ASSOCIATES law firm, received the notice
to file Brief on 19 February 1974. It failed
to do so within the 45 days granted to it.
The "confusion" in the office of the law
firm following the death of Atty. Crispin
Baizas is not a valid justification for its
failure to file the Brief. With Baizas' death,
the responsibility of Atty. Alberto and
his Associates to the petitioner as counsel
remained until withdrawal by the former of
their appearance in the manner provided
by the Rules of Court
The rule is settled that negligence of
counsel binds the client.
The client should have taken steps to
protect your claims, follow up the firm as
to what the firm will do with respect to the
case.
WHEREFORE, the Petition is hereby
DISMISSED and the temporary restraining
order issued in this case is lifted.
Ppt and discussion
Canon 4 Duty to support the improvement of
the legal system
Lawyers as officers of the court must
assist in the administration of justice.
As lawyers one of the characteristics of the legal
profession is that you are also an officer of the
court. So aside from being an advocate for the
client, you are also an advocate of the court.
Being an officer of the court, it is also your duty
to help the court in the dispensation of justice
and to help the court on what measures to take
to improve the justice system.
So concrete examples on how a lawyer can help
the court on the improvement of the legal
sytem is to participate in the public forums that
the supreme court will conduct on the changes
that it will introduce on the rules of court.
In fact 2 or 3 years ago, the supreme court
conducted a public forum on different venues
concerning the proposed changes in the rules of
court. Remedial law.
There is now pending proposed revisions in the
rules of court. With these proposed changes in
the rules of court, what lawyers can do is to
participate in this open forum snd contribute on
the propsed changes. It is important to all
practicing lawyers to participate in the open
forums to give their ideas. In that regard they
are helping the court.
Another on is joining legal aid programs of the
IBP and giving pro bono services to those who
cannot afford the services of a lawyer.
Example for violating canon 4 or not assisting in
the administration of justice is when a lawyer
files dilatory pleadings or asking several
postponements to the case unya sige pangayo
ug attorneys fee.
Dahgan ug backloge na cases thats why the
court encourages mediationproceedings to be
able to come up with compromised agreements
or amicable settlement.
Canon 5 Duty to keep abreast of legal
developments
Lawyers must update themselves with
the law and must participate in the
dissemination thereof.
Judges must also keep abreast of the
laws, rulings and doctrines of the
Supreme Court.
Canon 5 means duty to know the latest cases
decided by the supreme court, laws passed by
the congress and rules and regulations
promulgated by government agencies.
So when you become lawyers later on, it does
not mean you will no longer study. You really
have to update yourselves because the SC will
issue from time to time new rulings and
congress will also pass new laws or amend the
existing ones. For the benefit of the client so
you will effectively represent the client so that
he will not site old jurisprudence that has been
abrogated by the supreme court.
Three-fold obligation of a lawyer concerning
the requirement of continuing legal education
FIRST, he owes it to himself to continue
improving his knowledge of the law.
SECOND, he owes it to his profession to take an
active interest in the maintenance of high
standards of legal education.
Because if he keeps updated then the law as a
profession then the output there will be a
quality in the output and that will raise the
standard of the legal practice
THIRD, he owes it to the lay public to make the
law a part of their social consciousness.
To inform also the client the law with respect to
your claim, because your client might be basing
on an old law. So it is your duty to inform that
this is now the new law and that this are his
rights in this new law.
In that regard with respect to canon 5, we now
have this MCLE.
MANDATORY CONTINUING LEGAL EDUCATION
(MCLE)
B.M. No. 850 - August 22, 2000
This was promulgated in 2000 so before that
there was no MCLE. So new pa ni siya
Who are required to comply with the MCLE
requirement?
MCLE is required of the members of the
Integrated Bar of the Philippines (IBP),
unless exempted.
All members f the bar are required as a rule. But
there are those who are exempted. If you
notice those who are exempted are mostly also
those prohibited to practice the profession.
What is the purpose of MCLE?
To ensure that throughout their career,
 1. Lawyers keep abreast with law
and jurisprudence
To keep lawyers updated with
the latest laws and
jurisprudence.
2. Maintain the ethics of the
profession
One of the subjects of MCLE is
legal ethics, to remind lawyers
to always obey and follow or
otherwise corresponding
sanctions against the lawyer.
3. Enhance the standards of the
practice of law (Section 1, Rule
1)
So if lawyers are equipped in
the attest laws and
jurisprudence then there will be
good pleadings filed or good
arguments raised by the
lawyers. It will also help the
reputation of the profession.
What is the requirement of completion of
MCLE?
Members of the IBP shall complete,
every 3 years, at least 36 hours of
continuing legal education activities
(Section 2, Rule 2)
36 hours is equivalent to 36 units so 1 hour= 1
unit.
An example of an MCLE seminar, so you have 36
hours or units usually 4 days. Nay bayad dili
free.so it is the income of the IBP. So you have
there the topics and corresponding speaker and
the corresponding unit you can earn.
In attending this seminar, the MCLE monitor is
very strict with attendance so dont be late
because if you are late for 15 minutes you need
to retake the one hour.
Once you complete the MCLE , you will be given
the MCLE compliance certificate. Diri gipakita ni
sir ang iya certificate. What is important is the
compliance number because it will be indicated
in your pleadings. There is also date of the
issue. 3-4 weeks pa siya makuha .
Who are exempted?
Section 1, Rule 7: Parties exempted from the
MCLE
1. President, VP, the Secretaries and
Undersecretaries of executive
departments.
2. Senators and Members of the House of
Representatives
3. The Chief Justice and Associate Justices
of the Supreme Court, incumbent and
retired members of the judiciary,
incumbent members of the JBC,
incumbents members of the MCLE
Committee, incumbent court lawyers
who have availed of the PhilJA program
of the continuing legal education
4. The Chief State Counsel, Chief State
Prosecutor and Assistant Secretaries of
the DOJ
5. The Solicitor General and the Assistant
Solicitor General
6. The Government Corporate Counsel,
Deputy and Assistant Government
Corporate Council
7. The Chairman and Members of the
Constitutional Commission
8. The Ombudsman, the Overall Deputy
Ombudsman, the Deputy Ombudsmen
and the Special Prosecutor of the Office
of the Ombudsman
9. Heads of the government agencies
exercising quasi-judicial functions
10. Incumbent deans, bar reviewers and
professors of law who have teaching
experience for at least 10 years in
accredited law school
 11. The Chancellor, Vice- Chancellor and
members of the Corps of Professors and
Professional Lectures of the PhilJA
12. Governors and Mayors
These are the people who are exempted from
the MCLE. You will also be given a certificate of
exemption. Gipakita na sad ni sir iya certificate.
But we are still required to attend the seminar
of PhilJA. After the seminar you will issued this
certificate of exemption.
If you are a public official who can practice law
with restrictions then in your pleading you will
indicate the MCLE excemption number. The
number is only good for three years.
Section 2, Rule 7: Other parties exempted from
the MCLE
Those who are not in law practice,
private or public.
Those who have retired from law
practice with the approval of the IBP
Board of Governors.
Section 3, Rule 7: Good cause for exemption or
modification of requirement
A member may file a verified request
setting forth good cause for exemption
from compliance with or modification
of any of the requirements, including an
extension of time for compliance, in
accordance with the procedure to be
established by the MCLE Committee.
A lwayer may request excemtion from MCLE for
example if it is due to health reasons or they are
experts.
Section 5, Rule 7 Proof of Exemption
Applications for exemption from or
modification of the MCLE requirement
shall be under oath and supported by
documents
Section 1, Rule 12 What constitutes non-
compliance
A. Failure to complete the education
requirement within the compliance
period
B. Failure to provide attestation of
compliance or exemption
C. Failure to provide satisfactory evidence
of the compliance (including evidence
of exempt status) within the prescribed
period.
D. Failure to satisfy the education
requirement and furnish evidence of
such compliance within 60 days from
receipt of a non-compliance notice
E. Failure to pay non-compliance fee
within the prescribed period
F. Any other act or omission analogous to
any of the foregoing or intended to
circumvent or evade compliance with
the MCLE requirements.
Rule 13: Consequences of Non-Compliance
Section 1 Non- Compliance Fee
Section 2 Listing as Delinquent Member
Section 3 Accrual of Membership fee
B.M. No. 1922 (3 June 2008) Re Number and
Date of MCLE Certificate of
Completion/Exemption Required in all
Pleadings/Motions.
 As of 1 January 2009 all lawyers are
required to indicate in all pleadings filed
before the courts or quasi-judicial
bodies the NUMBER & the DATE OF
ISSUE of their MCLE Certificate of
Compliance or Certificate of Exemption
for the immediately preceding
compliance period.
Failure to disclose the required information
would cause the dismissal of the case and the
expunction of the pleadings from the records
Amended by the supreme court recently in
2014, DTR (or DTI dili ko sure) number, IBP,
MCLE number and Roll of attorneys number kay
maoy Makita sa imo pleading.
What are the MCLE Compliance Periods?
MCLE
OCA Circular No. 79- 2014 (May 16, 2014)
Failure to disclose: penalty and
disciplinary action
Fine: 2k (1st), 3k (2nd), 4k (3rd); and
Listed as delinquent member; and
Discharged from the case and the
client allowed to secure the
services of a new counsel with the
concomitant right to demand the
return of the fees already paid to
the non-compliant lawyer
Discretion of the supreme court to list the
lawyer as a delinquent member. Pwede fine and
list as a delinquent member or fine ra.
Since the case is dismissed, the client can
recover the fees he has paid to the lawyer.
What is the rule on the new bar passers?
MCLE Governing Board Order No. 1, s.
2008, provides:
. . . lawyers who pass the Bar when
only four (4) months or less remain of
the compliance period, are exempted
from complying with the MCLE
requirement for the said compliance
period. They shall comply with the
MCLE requirements for the next
compliance period. However, lawyers
who are admitted to the Bar either one
year after the start of the said
compliance period, are required to
comply with thr MCLE requirements in
accordance with the MCLE Governing
Board resolution dated October 20,
2004
1st Compliance Period April 15, 2001 up
to April 14, 2004
2ndCompliance Period April 15, 2004 up
to April 14, 2007
3rdCompliance Period April 15, 2007 up
to April 14, 2010
4thCompliance Period April 15, 2010 up
to April 14, 2013
5thCompliance Period April 15, 2013 up
to April 14, 2016
The pleadings now must indicate the 5th
compliance since the it has already ended.

LEGAL ETHICS Jan 3
One case there is the case of Arnado vs
Adaza, based on the facts of the case he
indicated in his pleadings and filed in the
court an exemption to comply with the
MCLE requirements. So the opposing
lawyer, Atty. Arnado asserted the
certification and in that it was stated that his
application for exemption was denied.
Adanza filed his exemption stating that he
was a lawyer for 50 years, that he was the
lawyer of Cory Aquio, the counsel of Sen.
Hunasan among others and he has written
books. So these are his claims to support
the allegations that he was an expert of law.
Unfortunately, his petition was denied for
failure to support his claim as an expert of
law. So he filed for exemption only after the
last of compliance period. Only the 1st and
2nd compliance period did he file for the
exemption and he did not file any request
for the 3rd and 4th conplicance period. He
claimed that the lawyer who intented to
harass him was the controlling office, that it
was controlled by the government and was
form of a harassment complaint.
But in the investigation, it was proven that
he indeed failed the application for
exemption and only filed on the 1st and 2nd
compliance period. Because of that he was
declared as a delinquent member ofthe
MCLE committee and was suspended for 6
months until he has completed the
requirement. And also required to pay the
non-compliance fee of 1000
So in this case the supreme court
emphasized the importance to disclose
information so that it will not jeopardize the
interests of the client. Under bar matter
1922, failure on the part of the lawyer to
disclose the required information of the
pleading will result to the dismissal of the
case and the expulsion of the pleading to
the records. That was the rule before. But
right now, under Loc. No. 79-2014, there is
an imposed penalty, which may include the
fine and as well as the discharged of the
lawyer from the case and the ----- on the
part of the client to hire another lawyer and
to ask for reimbursement from the attorney
concerned.
So in the case of noble vs ailes, again this
involves a case about a lawyer to indicate in
his pleadings the appropriated MCLE
compliance number for the corresponding
compliance period. The respondent lawyer
is faced with gross allegation that in his
pleading, he stated therein the preceding
compliance period and not the applicable
compliance period. And the case is
interesting because this involves the
complaintants to be the brother of the
respondents lawyer. So igsuon ngaway.
In his comment to the complaint, there was
the claim that failure to indicate the MCLE
compliance number is a ground for
disbarment. He contended that his mistake
will only result for him to be a delinquent
member and not a ground for disbarment.
Just the finding of the investigating
commissioner, he dismissed the complaint.
But when the issue reached the supreme
court, the SC agreed with the findings of the
IBP that it was not a ground for disbarment
of suspension. However the respondent
lawyer was still admonished by the SC for
the use of abusive language. So what
happened was, the respondent lawyer
texted his brother and said you should
dismiss the case because your lawyer
needs polpol, bogo sya. Ilisi na kay dako
imo gasto ana and the complainant lawyer
happen to read that, but in the defense of
the respondents he said that it was a text
between brothers, its supposed to be
private.
The SC agreed that the messages were
private, but the tenor of the communication
should not be however violated the CPR.
Though its private, he violated the CPR. In
his messages, he employed abusive
language. He violated Can. 7 and 8.
Right now, lawyers comply with the MCLE
otherwise they will have to pay the fine of
2000 or 3000 depending whether its the first
commission of the act. The MCLE is
designed to ensure for the lawyers to be
updated with the jurisprudence, laws and
enhance and uplift the standard of the
profession and maintain the ethics of the
profession. One fo the MCLE subjects is
ethics where you have there recent cases
decided by the supreme court on ethics. To
remind lawyers to be always faithful to CPR
and always observe his 4-fold duties, to
society, to bar, to court, to client.
The Lawyer and Society
Canon 6. The Canons apply to lawyers
in government service
Stresses the fact that the CPR also
applies to lawyers in government
service. Not only to the private
practitioners. As we discuss before,
there are lawyers in govt service
absolutely prohibited in the practice of
law. The CPR still applies to these
lawyers.
Rule 6.01 Duty to see to it that
justice is done
Refers to the fiscals. Duty to make
sure no guilty person will escape
from the punishment of the law and
no innocent person also be
imprisoned for an act he didnt
commit and for the fiscal to move for
the dismissal of the case when there
are no evidences presented to
support the conviction of the
accused.
Rule 6.02 Duty not to use his
public position to promote or
advance private interest
Duty to prioritize duty to the public
and not their private interests.
Rule 6.03 Restrictions against
government lawyers who left the
service
Refers to conflict of interest,
pertaining to former govt lawyers
when they appear before these govt
agencies.
The reason why the CPR is applicable to
govt lawyers is because that they remain
their duties to the court, to the bar, to the
society and to the client. They still have
these duties.
If govt lawyers commit in the performance of
their duties as govt lawyers, they should not
be subject to suspension or disbarment.
Thats the rule. Because they are governed
by different law on govt officials, one of
which is code of ethical conduct of public
officials and employees. But you have the
exemption, if the conduct was done and it
shows that he no longer show the
requirements expected of him to possess in
order to continue to practice is the
possession of good moral character.
Continuing requirements: payment of IBP
dues, MCLE requirements, among others.
If he does not show that he posses the
continuing requirements, he shall also be
subjected to proceeding under the CPR.
They could also be suspended and
disbarred. Aside from the administrative
liability. So pwede mgdungan, he can be
suspended from the govt service and be
suspended/disbarred for violating CPR.
Pwede dungan or separate.
Lawyers in the govt service are expected to
be more vigilant in the practice of public
service, because it involves public trust.
Like private lawyers, govt lawyers also need
to earn the trust of their client, because if
they cannot do so, they did not only lose the
trust of the client but also the public and
would result to indignation of the profession.
Canon 6 mandates the lawyer. (bes
sorry talaga I tried my best to decipher
unsay naa sa slide pero di jd maklaro
huhu)
Rationale: A lawyer does not shedhis
professional obligation upon his assuming
public office
Rule: May not be disciplined as a member
of the Bar for the misconduct in the
discharge of his official duties
Exception: If the misconduct of a
government official is in such a character
as to affect his qualification as a lawyer or
to show moral delinquency
.. (title ni sya bes)
Lawyers in government are public
servants who owe the utmost fidelity
to the public service. Thus,they have
to be more sensitive in the
performance of their professional
obligations A lawyer in public
service is a keeper of public faith
and is burdened with a high degree
of social responsibility, perhaps
higher than his brethren in private
practice.(Vitriolo vs Dasig, 400
SCRA 172[2003])
Code of Conduct.
All public officials and employees,
whether lawyers or non-lawyers
governed by this Code.
Provides the standards of personal
conduct in the discharge and
execution of official duties.
RULE 6.01 Duty to see to it that justice
is done
Fiscal- by the state
Accused (If cannot afford the services of a
lawyer) PAO
Accused (Maka-afford) Private prosecutor
but still under the supervision of a fiscal. But
before he could practice, he should secure
from the public pros. office authority to
prosecute because its the law of the state
that in prosecution there must be a fiscal
and the state is interested if the accused is
found guilty if convicted.
But under legal ethics, the fiscal still has to
be present in the proceedings to make sure
that the private prosecutor does not only
make sure to do the wishes of his client.
The fiscal supervises the private prosecutor
and moves the dismissal of the case if the
evidences do not prove the accused guilty.
Public Prosecutor a quasi-judicial
officer and as such, he should seek
equal and impartial justice. He
 should be concerned with seeing
that no innocent man suffers as in
seeing that no guilty man escapes.
Public Prosecutor is under no
compulsion to file a particular
criminal information where he is not
convinced that he has evidence to
prep/prop(?) up the averments
thereof, or that the evidence at hand
points to a different conclusion.
(People vs Pineda 20 SCRA
748[1967])
RULE 6.02 Duty not to use his public
position to promote or advance private
interest
Government lawyers should not use his
position to advance his own private
interests. He is there to serve the public. If
he do so, he is subject to disciplinary action.
The act of bribing is covered under this rule.
Applies to (1) lawyers in government
service allowed by law to engage in
private practice consand (2) those
who, though prohibited from
engaging in the practice of law, have
friends, former associates and
relatives who are in the practice of
law.
Promotion of interest provides
selectionof anything of
necessary value..requiring the
approval of his office or which may
be affected by the functions of his
office
RULE 6.03 - Restrictions against
government lawyers who left the service
Rationale: To avoid conflict of interest, to
preclude the lawyer from using secrets or
information learned on his official capacity
or to prevent the appearance of impropriety
Government lawyers who have actively
intervened in matters before such
government office. PCGG vs
Sandiganbayan.
Prohibition of government lawyers to appear
to government office within 1 year after
resignation / retirement. Rule 6713. But
under 6.03, there is no time limit.
Ramos vs Imbang, involves a PAO lawyer.
Atty. Imbang accepted attys fees from Mrs.
Ramos. Because ramos wanted to file civil
cases against spouses civillanos(?). Imbang
represented to the client that he attended to
the hearings of the cases that he filed on
behalf of the client. When the client wanted
to attend the hearing, gipahuwat nyas
gawas. After the supposed hearing, iya
ingnon nga the hearing was postponed and
was rescheduled. Sige nman ug ka
postponed, so the client suspected and
learned that atty imbang didnt file the case
and he was from PAO.
Because of that Mrs. Ramos filed a case for
disbarment for atty imbang. Imabng knew
that he was from PAO, he also admitted that
he accepted the money from complainant
amounting to 5000. In the investigation, it
was found out that the lawyer violated
several canons, namely 6 and 18.
Di sya pwede mangayo ug attys fees
actually, and di dapat mo handle ug case
because it was showed that he accepted
the case while he was still under PAO.
Violation of Restriction Tantamount to
representing conflicting interests
R.A. 1019(?)
Accepting or having any member of
his family accept employment in a
private enterprise which has pending
official business with him during the
pendency thereof or within one year
after its termination.
(b) Outside employment and other
activities related and employees
during their incumbency shall not:
1) Own, control, manage or accept
employment as counsel, broker,
agent supervised or licensed by their
office unless expressly allowed by law
2) Engage in the private practice of their
profession unless mentioned(?) in the
constitution or law, provided that such
practice will not conflict or .. with their
official functions, or
disbarment case against the lawyer. In
his defense the lawyer said that wa niya
ang kwarta, naa ni atty. Mendoza.
Another lawyer who is handling the
processing of the visa for the
complainants. But unfortunately namatay
na siya. The SC did not believe the claim
of the respondent lawyer. They took into
account the letters issued by the lawyer
where he acknowledge the acceptance of
the amount and promised the recovery of
the amount. In fact he issued post-dated
checks. These were the evidences the
SC based their decision. It is undisputed
that the lawyer used his position in the
govt to take advantage of the situation of
the complainant. He was disbarred and
was ordered to reimburse the clients.
There were also case to proceed with
criminal case against the lawyer.

3) Recommend any person to any ..

or pending official transaction with their
office

These prohibitions shall continue to

apply... retirement or separation
from public office. above but the
professional .. with any matter
before the office.. shall likewise
apply.

And then finally you have the case of

Huyssen vs Guiterrez, this involves a
case about a lawyer who is a public
official. The lawyer represented to the
foreigners that they must be paying as
deposit for a certain amount to be able
tos secure a visa. And the lawyer said
that the deposit be recovered after 1
year. And after 1 year the complainants
were not able to recover 30,000 dollars
from the lawyer. The complainants filed a
 BLUE = TRANSCRIPT/DISCUSSION NI SIR | BLACK = PPT

THE LAWYER AND THE LEGAL PROFESSION

Canon 7 Duty to uphold the dignity of the profession and to support the activities of the Integrated Bar

- IBP or the Integrated Bar of the Philippines is the association of lawyers in the Philippines and its
existence is mandated by law and membership is mandatory. In fact, if you want to continue the
practice of law you must be a member of the IBP and you must pay the IBP dues - annually or lifetime.

Rule 7.01 Duty not to make false statements or suppress a material fact in connection with
applications for admission to the bar
Rule 7.02 Duty not to support unqualified bar applicant
Rule 7.03 Duty not to engage in conduct adversely affecting the legal profession

Rule 7.1 Duty not to make false statements or suppress a material fact in connection with applications
for admission to the bar

A lawyer is expected to be honest from the moment he applies for admission to the bar.
However, the falsity referred to in this Canon must be knowingly done.

- Once you finish your law studies, you will then go to review, and before you take the exams you have
to fill up the form - petition - which you will file before the SC. In this petition, you will request the SC
that you will be allowed to take the Bar Examinations.

- In that petition that you will fill up, you will allege therein that you have met all the
qualifications/requirements for you to be able to take the exams - the educational requirements as well
as the good moral requirements. And you will attach in that petition documents for the consideration of
the SC.
REQUIREMENTS FOR THE BAR EXAMINATIONS FOR NEW APPLICANTS [attached below]

- Take note: With respect to disclosure on pending or decided cases. In your petition that you will file
before the SC you will disclose you're pending civil or criminal or other administrative cases as well as
decided cases

- You will attach to your petitions certified true copies of the information of the complaint or the
decision with respect the civil or criminal or administrative cases involving you and it is now up to the SC
to determine whether or not that case involves moral turpitude or not.

- You are required under that petition to disclose any pending or decided cases
- This is a form required by the SC.

- In one of the allegations therein, it states number three "He/She has NOT Been charged..." we've
mentioned before that based on jurisprudence there are already crimes which were declared by the SC
which involves moral turpitude like the crimes of rape, issuance of bouncing checks, estafa among
others.

- This is the petition that you will execute and this is UNDER oath.

- Being under oath, any falsification or misrepresentation that you will make in the pleading will, aside
from possible disqualification to take the bar exam, result to criminal liability for the crime of perjury
(lying under oath). Because this is a notarized document, under oath.
Consequences of knowingly making a false statement or suppression of material fact in the application
for admission to the Bar

If discovered BEFORE the candidate could take the bar exams = deemed permission to take the
bar exams (disqualified, not allowed to take the exams) (contradicting ang PPT and gi say ni sir)
If discovered AFTER the candidate had passed the exams but BEFORE having taken his oath = not
allowed to take the lawyers oath (disqualified)
If discovered AFTER the candidate had taken his oath = his name will be stricken off the Roll of
Attorneys (he could be disbarred)

- Non-disclosure or omission will be taken against the applicant and it shows his character according to
that case of Galang. It is a form of dishonesty which is a violation of Canon 1, Rule 1.01 which provides
that a lawyer shall not engage in an unlawful, dishonest, immoral or deceitful conduct so that the non-
disclosure or omission is a dishonest fact. SC stick with that as shown in the cases under this topic in that
case of Meling and Galang. The SC is strict in respect to non-disclosure.

What is the effect if what is concealed is a crime not involving moral turpitude?

Concealment will be taken against him. It is the fact of concealment and not the commission
of the crime itself that makes him morally unfit to become a lawyer.
When he made concealment, he perpetrated perjury.
As to what crime involves moral turpitude, is for the Supreme Court to determine.

- SC said that still the applicant has to disclose. His duty is to disclose. It is up to the SC to determine
whether or not that that offense involves moral turpitude or not. It's not for the applicant to determine
just like that in the case of Meling wherein he said that the crime which he was charged and the cases
were pending doesn't involved moral turpitude and the same must be coordinated based on his belief
and understanding that there were already amicable settlement based on the intervention of the judge
in the case.

- The duty is to disclose and it is up to the SC to appreciate the disclosure and whether or not to allow
the applicant to take the bar exams.
Rule 7.02 Duty not to support unqualified bar applicant

A lawyer should aid in guarding the Bar against admission of unfit or unqualified applicants
The act of supporting the application to the Bar of any person known to him to be unqualified
constitutes gross misconduct in office (Rule 138, Sec 27, RRC)

- This mainly pertains to lawyers

- If a lawyer has knowledge that the applicant does not possess the qualifications for him to be admitted
to take the bar exams then he has the duty not to support but in fact, oppose the request for him to be
able to take the exams.

- Once you filed admission before the SC for you to take the exams, names of all the
applicants/examinees will be published in the newspaper of the general circulation before the bar
exams

- The purpose of the publication of the names of the examinees is for the public to be informed of those
who would want to take the bar exams and for the public to file their opposition to those who would
want to take the bar exams

- Anybody from the public can oppose the petition to take the bar exams

- If there is any opposition filed by the public, the SC will look into that and may allow you to take the
bar exams BUT WITH CONDITIONS i.e. You may able to take the exams but in the condition that you
cannot take the oath

- So it's important to settle your affairs and avoid any controversies before taking the bar exams. Pag
binut-an

- Remember that case nga nagbuwag sila and the ex-girlfriend filed a petition not for the man to take
the oath after how many years, 60 years. (nakalimot si sir sa case) Dapat naa'y closure. Ang importante
jud, wala'y kontra before you take the bar exams.
- On the PART OF LAWYERS, it is our duty not to support unqualified applicants.

- Because the members of the Bar maybe asked by these applicants to execute this form or testimonial
of a good moral character

- This testimonial will be attached to the petition to take the bar exams

- In that testimonial, which will be executed by a member of the Bar or a lawyer, they will attest that he
personally knows the applicant and that the applicant has not been charged with any crime involving
moral turpitude and that he knows that the applicant because he will state therein the circumstance
why he personally knows the applicant. So, he will execute this. And the applicant will know this because
he will attach this to his petition

- If he [lawyer] will execute this despite the fact that applicant is not qualified then that's a misconduct
on his part and he may be subject by disciplinary action by the SC
- If he has knowledge then what he could do is not to execute the testimonial and maybe report, it's up
to him basta he will not support. That's the point of Rule 7.02.

Rule 7.03 Duty not to engage in conduct adversely affecting the legal profession

There is no distinction as to whether the transgression is committed in the lawyers professional

capacity or in his private life or in his private transaction because a lawyer may not divide his
personality so as to be an attorney at one time and a mere citizen at another
The conduct of nobility and uprightness should stay with him whether in his public or private life

- Take note: This rule is quite comprehensive and this rule emphasizes that the CPR will apply to the
conduct of lawyers in their public and private affairs.

- Meaning the CPR will apply in respect to the performance of their functions as lawyers as well as with
respect to their functions as private citizens

- As shown in the cases discussed in Canon 1 like the case wherein that lawyer who suspiciously left the
apartment without paying the rent . Her act is not in anyway connected to the practice of law but still
she was disciplined by the SC because it affects the dignity and integrity of the profession. Her act
violates Canon 7 as well as Canon 1. This is quite comprehensive.

- Examples: Palahubog nga abogado. He may be a good lawyer in court but in the community sige sya'g
panghagis. That may not be in relation to his function as a lawyer but his acts will affect the legal
profession. It will degrade the reputation and the name of the profession. He may be liable under Canon
7, Rule 7.03.

- Another example is a lawyer mag sige lang nimo makit-an sulod ug sabungan or bar. They will not
violate Canon 1 because it is not established there but it will not give a good image to the legal
profession

- Cases under this is Santos v. Llamas

- Also, Arevalo which involves IBP and the payment of the IBP dues. Under Canon 7 is the duty of the
lawyer to support the activities of the IBP

- How can a member of the bar show his support to the IBP? By paying his IBP dues. In one case, the SC
said that a member of the bar is not compelled to attend all the activities of the IBP i.e. legal
aid/seminar but what is expected of him is to pay the IBP dues on time. Because these dues will be
utilized to defray the expenses and programs of the IBP. It will help in the expenses in connection to the
integration of the bar. That's why payment is one of the requirements for you to be able to continue in
the practice of the profession

- Non-payment of IBP dues for 6 months will result to the lawyer being suspended by the SC

- Non-payment for 1 year will result to the removal of the lawyer from the Roll of Attorneys. Like
disbarment

SANTOS V. LLAMAS

- Santos v. Llamas involves a lawyer who in his pleadings will state the IBP no. Rizal for how many years.
The complainant in this case questioned that statement in the pleadings saying that he is not a member
of the IBP Rizal and then he has not been paying his IBP dues per verification with the IBP

- In his defense, the respondent lawyer said that there is no need for him to pay the IBP dues because he
is a senior citizen and as a senior citizen he is exempt from paying the dues just like he is exempt from
the payment of income tax.

- He added that he was also exempted from paying the IBP dues because he has limited practice of law.
Since gamay siya ug kaso and he is more of a farmer (30 hectares). That's why there is no need for him
to pay.

- In resolving his arguments, the SC said that all members of the Bar are required to pay the IBP dues
although they are not compelled to attend all the activities of the IBP. And that the mere fact that he is a
senior citizen does not mean that he is already exempted from the payment of IBP dues because the law
granting exemption to senior citizen does not cover the payment of IBP dues

- In fact, he could not get any discount for the payment of IBP dues. No senior citizen discount. Full
payment of the IBP dues

- And the fact that he has limited practice of law will not also excused him from paying the dues.
Madaghan or magamay ka ug kaso as long as you are a member of the bar and you are still in the
practice of profession then you are required to pay the IBP dues.

- He was suspended for 1 year until he has paid the IBP dues

LETTER OF ATTY. CECILIO AREVALO, JR. REQUESTING EXEMPTION FROM PAYMENT OF IBP DUES

- The same also with Arevalo he was requesting that he be exempted from the payment of IBP dues

- He alleged that once he was admitted to the Bar he then served the government.

- In the government service, he's not allowed to engage in the private practice
- After his government service, he went abroad.

- Otherwise, he is not in the active practice of law

- But he was still assessed by the IBP of his IBP dues

- SC said that with respect to the payment of IBP dues, the IBP rules and regulations does not provide
any exemptions

- All members have to pay the dues. If you want to be exempted, then you can but you have to apply for
retirement from the practice of law.

- If you will retire then you will be stripped off from your title as an "attorney"

- In this case, the request for exemption was denied by the SC and he was ordered to pay amounting to
Php 2000+, accumulated na siya

IN RE: GALANG

- Aside from Galang, there was also the court administrator who was disbarred by the SC

- This involves Canon 1 and Canon 7

- Canon 1 on the dishonesty - misconduct committed by the Office of the Court Administrator, Atty.
Lanuevo

- In the bar exams, he asked the examiners to reexamine. He sought for the rechecking of the notebook
of one of the examinees, Notebook # 954 which belongs to Ramon Galang

- He said that he individually approached the examiners on the five bar subjects and he represented to
his examiners that this examinee has failed but is in the borderline (hapit na mu pasar)

- In fact, Galang's rate is 74.15 but it was considered by the SC nga passing nana siya

- So gi duol tagsa2 ni... it's up to the SC... once all the notebook was checked by the examiners mag
decoding na sila unya ablihan tung notebook and segregate ang naka pasar, and then mao nang naa silay
en banc because they will discuss if ilaha bang i-lower ang passing rate or dili. Depende lang.

- In this case, nakapasar si Galang. After the examiners recheck and reevaluated his notebooks. Kay
ingun man si Atty Lanuevo nga hapit di siya kapasar. So iyang gi pa recheck

- The complainant here also wanted to have his notebook rechecked

- In the investigation, it was established that indeed Atty Lanuevo without authority from the SC sought
the reexamination and rechecking of the notebooks of Galang on certain subjects
- The examiners also said that they recheck the notebook based on the representation of Atty Lanuevo.
So, they acted. They claimed good faith. They believed that Atty Lanuevo has the necessary authority
being the court administrator. Mura siya ug middle-man between the SC and the examiners. Murag ang
messenger, middle person.

- Nag tuo ang examiners nga naay authority si Atty Lanuevo so mao ilang gi recheck

- Based on that, SC said that Ramon Galang should not be admitted to the bar and Atty Lanuevo should
be disbarred for his conduct of dishonesty

- Atty Lanuevo tried to explain sa tanang notebooks nga mutake ug exam ngano katu gyud iyang gipili, si
954.

- He explained that after his lunch break he saw a Meralco post with the number 954 and ni pusta siya sa
lotto with that number and said that 954 is important kay if imu i-add ma abot u 27 and 27 is important
because naminyo siya ug 27, iyang mga anak na tao with those numbers and during sa gubat na
pneumonia siya but he survived involving the number 27. Mao iya gi tayaan sa lotto and pagbalik niya sa
office, presko pa ang number iya gi tan aw ang notebook 954 and read again the answers. That's why he
eventually approached the bar examiners.

- SC said he is desperate. And said that while there is no direct evidence showing that he gained money
for consideration for his act, SC said that observe that right after the release of the results of the bar
exams, Atty Lanuevo was able to purchase real properties. Naka palit siya ug house and lot and
sakyanan

- Now these properties were not indicated in his SALN

- Question is diin siya ug kwarta. Nagduda ang SC

- There is no direct evidence of Galang giving money to Lanuevo but you have there circumstantial
evidence showing that the story of Lanuevo is possible. There must be some connection with the two.

- With respect to Galang, he said nga wala siyay labot atu sa pagpa recheck

- SC said kung wala pa toh gi recheck, hagbong najud siya making him not qualified

- In addition, during the investigation it was found out that Galang did not disclose in his application...
ingun SC nga Galang is a perennial bar taker. Kadaghan na siya ni take, kadaghan pd siya nahagbung.
Hantud nakapasar siya in the year 1971 after how many 6 or 7 takes.

- In his applications to take the bar exams, it was discovered that in those years Galang did not disclose
the fact that he has a pending case - a criminal case for slight physical injuries. Wala niya gi butang sa
application. This is contrary to the requirement in the application which he executed and which is under
oath. So kaduha siya na igo
- So, for that... na admit man jud siya sa bar kay nakapasar man siya diba? But he was disbarred by the
SC just like Lanuevo

IN RE: ARTHUR CUEVAS

- This involves initiation

- He was allowed to take the bar exams with the condition that if he will pass the bar exams he can take
the oath upon order by the SC because he has a pending case for homicide

- He was involved in a hazing wherein in that hazing incident, the novice died who was the son of Atty
Camaligan

- So there was a case of homicide and then he applied for probation and after he served the probation
he asked the SC that he be allowed to take the oath

- In acting on the petition of Cuevas, the SC asked the father of the deceased to comment on the
petition of Cuevas

- The father said that as a Christian he has already forgiven Cuevas but as a father I have not forgotten
the incident. In fact, sakit pa sa iya because he intended his son to follow in his footsteps as a lawyer

- He, according to the father, consented to the lowering the crime to homicide. Instead of murder
because of the pleas of the accused and his wife and his family.

- Father also added that he is not in the position to say that Cuevas is already a person of good moral
character. He leaves that to the discretion/decision of the court

- SC granted the petition of Cuevas and he was allowed to take the oath because there was also an
earlier case involving also an applicant to the bar and involved in an hazing incident where the SC
allowed (Argocino)

- Cuevas was allowed on the following consideration:

(1) During the period of probation, he has faithfully complied with the conditions thereof and he has not
committed any offense or misconduct in that period

(2) He was able to produce before the SC certifications from the religious community, from the IBP, from
the government officials that he has reformed.

Based on these considerations he was allowed to take the oath.

- SC took judicial notice on the part of the young to be temerarious and uncalculating and not discerning
the full consequences of their act
- He was allowed to take the oath and was reminded of his duties as a member of the bar and the duties
under the lawyer's oath

IN RE: MELING

- This involves a member of the Shari'a Bar

- He took the bar exams but there was a petition for him to disallow him on taking the bar exams and to
impose the appropriate penalty on the ground, according to the complainant, respondent insulted the
complainant and his wife before the media. The respondent also attacked and hit the face of the
complainant

- So naay kaso of grave oral defamation and less serious physical injuries against the respondent

- But the respondent in his application to take the bar exams did not disclose/indicate nga naa siyay
pending case

- In his defense, he said that he did not indicate those cases because there was this judge who was his
teacher and mediated. He assumed that the case was settled

- SC said nakatuon ka ha kag law? It's the court who can decide cases. There is no hearing only
mediation for the amicable settlement of the case. But in fact there was no amicable settlement in the
case.

- SC said that it is his duty as a bar applicant to disclose his pending cases and it's up to the SC to decide
whether the case against him involves moral turpitude or not

- With respect to the other charge with the use of Meling of the appellation attorney, ingun siya nga di
man ako ang nag suwat ato, ako mang secretary ang ga type.

- SC said kita man kay naay atty diha nganong ni pirma man sad ka?

- Again, SC emphasized that the use of the name 'attorney' is reserved to those who are admitted to the
bar and duly qualified

- And SC went back to that case of Alawi v. Alauya where SC said that name 'attorney' is only reserved
for those who are admitted to the bar and members of the Shari'a bar cannot use the name 'attorney'.
They can use the name 'counselor' but not 'attorney'.

- Unless that member of the Shari'a Bar is also a member of the Philippine Bar

--------

Canon 8 Duty of Professional Courtesy

Rule 8.01 Duty not to use abusive and improper language (language in pleadings or
proceedings)
Rule 8.02 Duty not to encroach upon the professional employment of another lawyer (dili
nimo kawaton ang client sa uban lawyers)
Rule 8.01 Duty not to use abusive and improper language

To maintain the dignity of the legal profession, lawyers must conduct themselves honorably,
fairly and candidly towards each other. Respect generates respect.
Lawyers should treat each other with courtesy, fairness, candor and civility.
Any kind of language which attacks without foundation the integrity of the opposing counsel or
the dignity of the court may be stricken off the records or may subject a lawyer to disciplinary
action.

- Uphold respect to your colleagues in the profession. Bisag pa'g kontra mo sa kaso, trabaho lang.
Respeto.

- You can utilize a forceful but respectful language. Emphatic but dignified language. Not abusive and
insulting language against the opposing lawyer or party

- In the Belo case wherein the lawyer was suspended for one year for posting in facebook, insulting and
abusive language against a party to the case - si Vicky Belo.

- Ang lawyer iyang gi kiha si Belo and her company because his client underwent operation/procedure sa
clinic ni Belo and na guba siguru ang nawng

- From there file sila ug kaso ang iyang client but wala siya na satisfy he also posted in facebook
attacking Belo and her company (kwak-kwak doctor daw)

- In his defense, that post is private. And I shared that only with my friends.

- SC said that in appears based on evidence that the respondent did not utilize the privacy tools of the
social media because if he has utilized those tools then his friends could tag others which happened in
the case. Ning katag ang post attacking Belo

- That's why for the use of abusive language and for conduct which affects the dignity of the legal
profession of Canon 7, he was suspended for one year

The lawyers arguments, whether written or oral, should be gracious to both the court and the
opposing counsel and be of such words as may be properly addressed by one gentleman to
another.
Lack or want of intention is no excuse for the disrespectful language employed. Counsel cannot
escape responsibility by claiming that the words did not mean what any reader must have
understood them as meaning. At best, it extenuates liability.

Rule 8.02 Duty not to encroach upon the professional employment of another lawyer

A lawyer should not steal the other lawyers client nor induce the latter to retain him by promise
of better service, good result or reduced fees for his services. Neither should he disparage
another, make comparisons or publicize his talent as a means to further his law practice.
No encroachment when previous lawyer was Lawyer shall not negotiate with the opposite party
already dismissed who is represented by counsel

Lawyer may interview any witness or prospective It is but proper to give advice and assistance to
witness for the opposing side victims of unfaithful and neglectful counsel

- Ayaw kawata ang client sa uban lawyer

- Under this rule, this will not apply if that lawyer has already been dismissed by the client.
- Technically, that person/client has no representation so pwede ka mahimo niyang bag-o nga
abogado.
- Or this rule will not apply if you intend to interview the witness of the other party. Pwede ra ka.
You can interview the witness
- But under this rule you cannot negotiate with the other party to compromise the case without
the other lawyer. The lawyer should be included in the preparation of the compromise
agreement as shown in that case of

LIKONG V. LIM
- Wherein the lawyer for the respondent negotiated with the complainant despite the fact that
the complainant has two lawyers
- He excluded the lawyers of the complainant in the negotiation of the case
- But again, you have the exception under this rule: that a lawyer can give advice and assistance
to those clients who are victims of neglect from their lawyers

End.
M Legal Ethics Jan 12 (ppt + transcript)
BARANDON, JR. VS FERRER
It involves a respondent lawyer in-
charge with having to hurled inflictive
against complainant-lawyer
It was alleged that the respondent-
lawyer filed a baseless suit/case against
the respondent-lawyer(?) So
complainant who is also a lawyer said
that in the pleadings filed by the
respondent-lawyer in a separate case,
the respondent-lawyer imputed against
the respondent-lawyer and that the
respondent-lawyer falsified a document
and another charge was that the
respondent-lawyer allegedly insulted
and shouted at the complainant during
the start of the hearing of a case.
Because of the actuations of the
respondent, the complainant filed a
complaint for disbarment/suspension
against the respondent. In his defense,
the respondent Atty. Ferrer alleged that
as to the falsification, he said that in
fact the offended party in that
falsification case attested and claimed
that the document is falsified. And as to
the charge that he shouted and insulted
the complainant before the hearing, he
said that his attention was not called by
the Court in that proceeding. So when
the issue reached the IBP, the IBP had
an investigation and found out that the
claim of falsification allegedly
committed by the respondent is
unfounded because the document that
the respondent-lawyer falsified, it was
made during the time the respondent
was not yet a lawyer. In fact, the
respondent is not a party to that
document so was yay labot ato nga
document so how could he falsified
such document.
As to the claim that there was no
incident of shouting for the hearing, it
was found out that there was indeed
the shouting incident between the
complainant and respondent. And that
in fact there were witnesses to that
incident and these witnesses executed
affidavits which the complainant
attached to his complaint for
suspension/disbarment.
So apparently, the respondent-lawyer
uttered those insulting remarks against
the complainant before the hearing of
that case apparently he was drunk.
Mura syag hubog at the time nga nag
syagit-syagit sya wala na bang
magaling na abogado dito sa
Camarines Sur? I-imagine lng naa ka sa
court ng shout2 witnessed by several
individuals.
Because of that abusive language and
filing of baseless suit against a
colleague in the profession, the
respondent was suspended from the
practice of law for 1 year. So he used
abusive and improper language.
ALCANTARA VS PEFIANCO
This pertains another fight/quarrel
between lawyers. So the complainant
Atty. Alcantara is the head of PAO.
While Pefianco happened to be in that
office at the time of incident.
Atty. Pefianco in the PAO witnessed
that there was this lady who
approached Atty. Salvani and this lady
was crying. This lady asked Atty. Salvani
for the settlement of the civil aspect of
 the criminal case so the husband of that
lady was murdered and this widow
asked for resettlement. Upon hearing
this (si Atty Pefianco murag naki-
chismis), Atty. Pefianco intervened and
shouted at Atty. Salvani saying that
you should have your client
imprisoned (ang iya client kay ang
akusado/ang nipatay)
Because of that, being the head of PAO,
Atty. Alcantara asked Atty. Pefianco to
get out of the office and asked one of
the staff to put up a sign that anyone
who has no transaction in the office
should stay out of the office. Atty.
Pefianco went out but later on this Atty.
Pefianco when he chanced upon Atty.
Alcantara, shouted at Atty. Alcantara
and he called Atty. Alcantara stupid,
gago ka. The allegation on the part of
the complainant-lawyer was that the
respondent tried to at many instance
padung sumbagon but there were those
who were able to stop the respondent
from punching the complainant.
Because of the actuations of
respondent, a complaint for
suspension/disbarment was filed by
Atty. Alcantara against the respondent
and it was found out that the
allegations of the complainant were
substantiated by the affidavits of those
who witnessed the incident so nay mga
guards didto gikuha as witness saying
that indeed respondent-lawyer shouted
at Atty. Alcantara and in fact, tried to
punch but nakalihay lang.
The SC noted that while Atty. Pefianco
may have good intentions in
intervening that conversation between
Atty. Salvani (counsel for the accused)
and the wife of the victim in that
criminal case, but the way he expressed
himself by insulting a colleague is
violative of a provision of Canon 8 from
the Code of Professional Responsibility.
So under Canon 8, it is the duty of
lawyers not to use abusive and
insulting language against a colleague
in the profession. In fact, it is the duty
to uphold respect to his co-lawyers and
this, Atty. Pefianco failed to do. So for
that he was fined for an amount of
P1000 and reprimanded.
So if you notice for violations under this
Canon, gamay lang ang penalty sa SC.
Suspension for 6 months or fine or
reprimand. Unlike violations under
Canon 1 or grossly immoral conduct,
disbarment deretso. In fact, for
soliciations of illegal baseless(?) gamay
ra kaayo, suspension lang. But
nonetheless you have the penalty and if
you commit this misconduct, the next
time you commit this kind of
misconduct then the SC will penalize
you severely. So might as well avoid and
be careful with the language that you
will employ in you oral arguments, in
your pleadings and as well as in your
dealings with your co-lawyers.
LIKONG VS LIM
This involves the encroachment of
professional employment by one lawyer
on the client of another lawyer.
The complainant in this case Likong
obtained a loan from Yap. And this Yap
was represented by Atty. Lim. From
that loan transaction, the complainant
executed a promissory note in favor of
Yap the client of Atty. Lim and in
 addition to the promissory note, the
complainant likewise executed a deed
of assignment as well as SPA.
Deed of assignment for assignment of
her checks that she will receive from
the US presenting the pension of her
husband. So those checks she assigned
to Yap (ang giutangan).
In order for Yap to be able to get those
checks from the post office, she
executed a SPA authorizing Yap to get
those checks. Thats a way of payment
of the loan she contracted.
Later on, the complainant changed her
mind and revoked the SPA. So if wala na
to ang SPA, Yap could no longer get
those checks. Because of that, Yap filed
a case in court asking the court to stop
complainant Likong from voiding and
notifying the SPA and allow her to
continue receiving and getting those
checks.
In that proceeding, the parties
appeared to have come to a
compromised agreement. They filed a
joint motion to withdraw the checks
and in the pleading, the complainant
and creditor Yap signed assisted by
Atty. Lim counsel of Yap. Later on
there was a compromise agreement
again it was executed and prepared by
the parties complainant and Yap
assisted again by Atty. Lim but
complainant Likong already engaged
her lawyers but her lawyers were
deemed excluded in the preparation of
the agreements.
Later on, the complainant questioned
the compromise because the provisions
therein are grossly disadvantageous to
her. In that compromise agreement also
there was already a stipulation on the
payment of interest. In fact, in the
original loan obligation, there was no
stipulation as to the payment of
interest. The provisions therein are in
favor of the creditor si Yap. So she filed
a complaint for disbarment against
Atty. Lim.
In his defense, Atty. Lim said that the
complainant was abandoned by her
lawyers. But the complainant said in her
answer to the Reply of Atty. Lim is that
I was not abandoned by my lawyers.
My lawyers were not furnished copies
of the pleadings, copies of the
compromised agreement. Thats why
they were not able to participate in the
finalization of those documents.
In the investigation it was discovered
that indeed the respondent-lawyer
excluded the lawyers of the
complainant in the execution of the
compromised agreement. Under Canon
8, the rule is that if the party is
represented by a lawyer or if she has a
retained counsel, any negotiations as
to the compromise in her case should
be done with that party assisted with
her lawyer/s.
In this case, the negotiation was done
between the complainant and the
creditor assisted by the lawyer of the
creditor ONLY. And this lawyer of the
creditor appears to be acting for and in
behalf of the complainant and the
creditor. And SC said, evidently, Atty.
Lim favored his client as shown in the
advantageous provisions as found in the
compromise agreement. So SC also
found there was conflict of interest on
the part of the respondent-lawyer.
 So for violation of Canon 8 and as well
as other provisions in the CPR, the
respondent-lawyer was suspended for
1 year. Panagsa ra kaayo na mulapas ug
1 year, wala kaayoy disbarment in this
kind of case.
CANON 9: The last canon under the duties of a
lawyer to the colleagues in the profession
Canon 9 Duty to Shun Unauthorized Practice
of Law
Rule 9.01 Duty not to delegate legal
work to unqualified persons
Rule 9.02 Duty not to divide legal fees
with non-lawyers
As to the reason of this Canon, grounded on
public policy and for the protection of the public
so as to shield the public, the court and lawyers
in the profession from the incompetency and
dishonesty of those who are not qualified to
practice the profession.
What is the rationale behind the prohibition
against the practice of law by a layman?
It is grounded in the need of the public
for integrity and competence of those
who undertake to render legal services.
Because of the fiduciary and personal
character of the lawyer-client
relationship and the inherently complex
nature of our legal system, the public
can better be assured of the requisite
responsibility and competence if the
practice of law is confined to those who
are subject to the requirements and
regulations imposed upon members of
the legal profession (Report of IBP
Committee, p.46; ABA, Code of
Professional Responsibility, p. 36).
Rule 9.01 Duty not to delegate legal
work to unqualified persons
Public policy requires that practice of
law be limited only to those individuals
found duly qualified in education and
character
Rationale: to protect the public, the
court, the client, and the bar from the
incompetence or dishonesty of those
unlicensed to practice law and not
subject to the disciplinary control of
the court
Why? Because non-lawyers are not subject
to suspension/disbarment. The most that
the SC could do is to cite them for contempt
in court but panagsa ra kaayo.
CAMBALIZA VS CRISTOBAL-TENORIO
Husband was not penalized for the
unauthorized practice of law, only the
wife. The husband was included in the
law office because according to the
wife, the husband has an investment(?)
But the husband was not penalized by
the SC for the unauthorized practice of
law because the SC cannot
suspend/disbar these persons.
Assuming to be an attorney or an
officer of the court, and acting as such
without authority = indirect contempt =
fine, or imprisonment, or both (Sections
3&7, Rule 71, Rules of Court).
For these none-lawyers could be cited
for contempt and the penalty could be
fine or imprisonment or both upon the
discretion of the court.
Corruptly or willfully appearing as an
attorney for a party to a case without
authority to do so = suspension or
disbarment (Sec 27, Rule 138, Rules of
Court).
 The lawyer could be
suspended/disbarred based on this
provision. So pwede nga ang
abogado mu appear for a party
unya ang katung client, wa niya gi
engage ang lawyer. In other words,
nagbuot2 lang sya without that
person consenting to the
representation. So he could be also
disciplined by the SC for willfully
appearing as the counsel of the
party without the consent of such
party.
Delegation of Unqualified persons not
Legal Work to an limited to non-lawyers but
unqualified also to lawyers who are
person is suspended or disbarred or
misbehavior whose authority to practice
has been withdrawn due to
a change in citizenship or
allegiance to the country
Unqualified person could mean a layperson, a
non-lawyer/lawyers who are not qualified in
the sense that they are suspended in the
practice of law or they are not authorized to
engage in the private practice of law.
The usual question asked in the Bar Exams: a
member of the firm is suspended by the SC and
while he was serving his suspension, the other
lawyers in the firm asked the suspended lawyer
to draft pleadings and to meet the clients. Di
siya muadto sa court but he drafts pleadings,
meets the client and gives advice to the client.
Was there a violation of Canon 9, Rule 9.01?
YES. Because the unqualified person referred
to under Rule 9.01 does not refer only to
layperson but also to lawyers who are not
qualified.
In that instance, the lawyer is not qualified
because he is suspended and while he is under
suspension, he is not authorized to practice the
profession. Aside from the lawyer who drafted
pleadings and gave advice to clients, the
lawyers also who delegated the work violated
Rule 9.01. So the suspended lawyer who do
legal work as well as lawyers who delegated
legal work to him are guilty of violating Rule
9.01.
Rule 9.02 Duty not to divide legal fees with
non-lawyers
General Rule: Non-lawyers are not
entitled to attorneys fees
Because attorneys fees, this refers
to compensation. Compensation
received by a lawyer for the legal
services that he has rendered to
the client. Adto padung niya ang
bayad for the legal services.
If the client will have to pay a
lawyer and then a non-lawyer for
that attorneys fees then there
would now have a division of
attorneys fees between a lawyer
and a non-lawyer which is
prohibited under Rule 9.02
In the cases discussed before,
VILLATUYA VS TABALINGCOS:
Villatuya alleged that whatever
case they will receive from the
court, they will receive P50K from
the lawyer. Although that charge
of non-payment of fees was
dismissed by the SC for lack of
substantiation by the complainant
but the SC said that if that
arrangement is true and that has
been proven then theres a
violation of Canon 9 because
theres now a division of fees
between the respondent-lawyer
Atty. Tabalingcos and the
complainant. Respondent was
acquitted for the charge of non-
payment of fees, he was
reprimanded for solicitation of
legal business but he was disbarred
for bigamy. Remember the case
where the complainant presented
 2 marriage certificates. Then the
respondent narrated that I was
surprised to see these 2 marriage
certificates so I will file for
nullification of the marriage
certificate. Thats his defense so
he was disbarred by the SC on that
case.
Rationale: If attorneys fees were
allowed to non-lawyers, it would leave
the public in hopeless confusion as to
whom to consult in case of necessity
and also to leave the bar in a chaotic
condition, aside from the fact that non-
lawyers are not amenable to
disciplinary measures.
This rule with respect to no division of
attorneys fees with non-lawyers have
exceptions, it is also provided under Rule
9.02.
Exceptions to the Rule to 9.02:
a) Where there is a pre-existing
agreement with a partner or
associate that, upon the latters
death, money shall be paid over a
reasonable period of time to his
estate or to persons specified in the
agreement; or
b) Where a lawyer undertakes to
complete unfinished legal business
of a deceased lawyer; or
c) Where a lawyer or law firm includes
non-lawyer employees in a
retirement plan, even if the plan is
based in whole or in part, on a
profit-sharing arrangement.
But in the commentary of Pineda,
(which Sir agrees) that number 1 is
not really an exception because its
payment for services already
rendered by the deceased lawyer.
So its due him but patay nman sya
so it will go to his estate and there
was this pre-existing so nag agree
na sila before nga in the event nga
mamatay ko and if naa tay
madawat ani nga kaso na atong gi
handle, mupadong na siya sa
akong estate. And that estate will
be for the benefit of my heirs.
For the 2nd one there is really no
division of attorneys fees with a
non-lawyer because the person
who finished the legal work is a
lawyer. So its not really an
exception.
Number 3 is the fees that will be
paid to the staff will be part of the
compensation package for the
employees of the law office. Ilaha
nato so the lawyer will get the
attorneys fees and he will set
aside amounts for the (for
example) utilities and salaries of
employees. So ang income niya
iyang gigamit to pay his staff. So
actually there is no division of
attorneys fees. Nidawat sya and
he now appropriates the amount
kay he has also the obligation to
pay the utilities and then the
overhead expenses. So technically
speaking, its not actually an
exception.
An example for violations of this is
for example: registrar sa USC, a
non-lawyer, unya ig enrollment
nay mga estudyante nga
nawagtangan ug ID so needed ang
Affidavit of Loss then nanawag sa
nimo nga lawyer para i-refer ka. So
for every Affidavit of Loss nga imo
buhaton, naa koy claim sa imong
bayad ha. So like for 50-50 ta 100
ako, 100 pd imo. So there is now a
division and sharing of attorneys
fees paid by these students to the
lawyer because the registrar who is
 a non-lawyer will share. Kay
nangayo baya siya ug commission
so thats an example of a violation
of this Rule 9.02.
CAMBALIZA VS CRISTOBAL-TENORIO
The complainant is a former employee
of the respondent-lawyer. In that
complaint for suspension/disbarment,
she alleged 3 grounds against the
respondent. Grounds of deceit,
immoral conduct and then
malpractice/misconduct in office.
For deceit: the respondent falsely
represented herself to be married to
her husband who has existing
marriages. (1st charge of complainant)
On grossly immoral conduct:
respondent allegedly caused the
dissemination of libelous affidavit
against a city councilor.
On malpractice: the respondent-
lawyer allowed her husband to
practice law and her husband is not a
lawyer.
In the investigation, they found out
that on the charge of deceit: there was
no false representation on the part of
the respondent-lawyer and SC
believed respondent-lawyer when she
said that theres a discreprency on my
actual marriage certificate as to the
actual date because of the late
registration sa ilahang marriage
certificate, nadugay sila ug pa-rehistro
which allegation was substantiated
by the respondent.
As to the charge of grossly immoral
conduct: there was lack of evidence to
support the charge made by the
complainant. So dismissed by the SC.
On the charge of misconduct of
office/malpractice: the respondent-
lawyer was found guilty because it
was established that she allowed her
husband, a non-lawyer, to practice
law. HOW? The name of her husband
appeared in the letterhead of the
communications of the law office. The
other one is that there is that calling
card/identification card. An ID card
wherein her husband appeared to be a
lawyer. And then there was also this
order from the court in which the
husband and respondent-lawyer
appeared as collaborating counsel of
the respondent in that certain case.
Although the firm named Cristobal-
Tenorio for the sake of partnership,
but in the document and in other
pleadings in the office, the husband
appeared to be also a lawyer. And the
claim of the wife is that her husband
has an investment mao nang naapil sya
sa letterhead. So again the SC said that
by doing that, the respondent-lawyer
violated Canon 9 because insteadd of
shunning the unauthorized practice of
law, she assisted and encouraged the
practice of law by her husband who is
a non-lawyer.
LACSAMANA VS BUSMENTE
An unauthorized practice of law by
Busmente because he allowed his
paralegal to appear as counsel in the
case. So the complainant-lawyer
alleged that Busmente allowed his
paralegal to appear as collaborating
counsel in a civil case.
Busmente alleged that it was his
paralegal with the connivance of his
 secretary. But SC did not believe the
respondent because if there was
connivance, why is it that the paralegal
was able to continue in that civil case
while the secretary already resigned
on that firm. Ibutang nato ni resign sya
pg 2000 then pag 1,2,3,4 nagsge pa
ghapon ug padayon ang paralegal so
her access to the records in the office
could only mean that the
representation was with consent and
authority of respondent-lawyer.
In fact, the evidence used by the SC in
finding the respondent guilty was that
joint-affidavit executed by the
respondent wherein he admitted that
the respondent-lawyer allowed the
paralegal to assist these persons in the
hearing, to give legal assistance to
these persons in the hearing of the
case. So there was the delegation of
legal work to a non-lawyer so he
violated Canon and for that he was
suspended for 6 months. So di ra
kaayo strikto ang SC.
TAPAY VS BANCOLO
A lawyer allowing his secretary to sign
the pleading. The lawyer happened to
chance the respondent in that criminal
case filed by the Ombudsman. Oy atty
nag file lage ka ug kaso sa
Ombudsman" unya miingon ang
lawyer nga Wa man koy gi file nga
kaso against ninyo. Tan-awa atty nay
complainant dri from the
Ombudsman. Aw di na akong pirma
Based on that, the respondent in that
criminal case asked the lawyer to
execute an affidavit disowning his
signature in the complaint. So that
affidavit was used by the respondents
in the criminal case to file a counter-
case against the complainant in that
criminal case before the Office of the
Ombudsman.
The complainant in the Ombudsman
case presented the affidavit of the
secretary of the law office to prove
that there was no forgery in the
signature of Atty. Bancolo. In fact the
signature found there was with the
authority of Atty. Bancolo so in other
words, iyang gisugo iyang secretary
nga ikaw lng pirma diha sa pleading
which is not allowed under the CPR
because the signing of pleadings is
limited to those who are qualified and
admitted to the Bar.
In fact the signature of a lawyer in a
pleading signifies certification under
the Rules of Court. You have (1) he has
read the pleading (2) there is good
cause to file the case (3) that case was
not intended to delay. These are the 3
things which signifies the signature of
the lawyer when he signs a pleading
for which a secretary and non-lawyer
could not do. For that he was
disciplined by the SC for 1 year
suspension. The other partner was
acquitted because there was no
evidence to show that he participated
in such practice.
AMALGAMATED LABORERS ASSOCIATION VS
CIR
Refers to the division of attorneys fees
with the union president, a non-lawyer.
So again, this is not allowed.
So nakadaug ang mga empleyado so
now naglalis ang mga abogado about sa
 attorneys fees kung pila jud ang
madawat sa usa. Partners before pero
nag-away sila so karun naglalis na sila
pilay madawat sa abogado.
Finally they agreed on the amount and
then in that sharing they included the
union president. But the SC said that
that arrangement is not allowed under
ethics because a union president is not
a lawyer and hes not allowed to share
in the attorneys fees.
Attorneys fees is for the lawyer, for
the legal services rendered by the
lawyer on behalf of the client.

NOTE:

A Compensation for services rendered

by the deceased lawyer

B The person who undertakes is

lawyer

C Not a division of fees but a pension

representing additional deferred wages
to the employees past services
Legal Ethics Jan 17 (ppt + discussion)

Duties of the lawyer to the courts (Canon 10-13)

Duties of a lawyer to the client (Canon 14)

CANON 10 DUTY OF CANDOR, FAIRNESS, AND GOOD FAITH TO THE COURTS

Rule 10.01 Duty not to do any falsehood; duty not to mislead

You should not commit any dishonest act against the court or its personnel
Rule 10.02 Duty not to knowingly misquote or misrepresent
Like citing an inoperative or citing a finding of fact which is really not a finding of fact by
the court another fault of dishonesty committed against the court in relation to 10.01
Rule 10.03 Duty to observe the rules of procedure; duty not to misuse the rules
Not to abuse the rules of procedure. Later on when you take remedial law, civil
procedure, criminal procedures, among others. These rules of court will be used by
lawyers in their practice because this will provide for the pleadings, motions that a lawyer
will and can file before the court in order to protect/enforce the rights of their clients.

A lawyers conduct before the court should be characterized by candor and fairness. His duty is
to uphold the dignity and authority of the courts to which he owes fidelity, not to promote
distrust in the administration of justice.

Rationale. The burden cast on the judiciary would be intolerable if it could not take at
face value what is asserted by counsel.
REASON FOR THE LAWYERS DUTY TO BE CANDID, FAIR TOWARDS THE COURT: in order
for the court to be able to take the allegations and representations made by the lawyers
at face value. In other words, the court will have to accept the allegations without making
any double checking. Because if the court will have to double check each and every
allegations made by the lawyer in his pleadings then it will add already to the heavy
workload on the part of the courts. THERE IS A PRESUMPTION AND ASSUMPTION THAT
WHATEVER ALLEGATIONS MADE BY THE LAWYER IN THEIR PLEADINGS ARE DULY
SUPPORTED BY EVIDENCE AND THAT THE SAME IS NOT BASELESS.
Otherwise, if the lawyer will make any presentation/dishonest statements in the
pleadings, the same will be taken against them. So if there is really dishonest
representation filed in courts then they will face disciplinary actions and subject to
contempt proceedings against the concerned lawyer.
But this does not really happen in actual practice

Rule 10.01 Duty not to do any falsehood, duty not to mislead

This Rule is also in relation to the Lawyers Oath. Its also possible that this is not committed by
the lawyer but committed with someone with the consent of the lawyer. So in that situation the
lawyer is still liable because there is conspiracy. In criminal law the act of one is the act of all.
 The Lawyers Oath mandates the lawyer:
a. To do no falsehood
b. Nor consent to the doing of the same in court
c. To conduct himself as a lawyer according to the best of his knowledge and discretion
with all good fidelity to the court

THE LAWYER AND THE COURTS

Some cases of falsehoods which merited discipline
1. Lawyers falsely stating in a deed of sale that property is free from all liens and
encumbrances when it is not so. (Sevilla v. Zoleta, March 28, 1955)
2. Lawyers making it appear that a person, long dead, executed a deed of sale, in his favor.
(Monterey v. Arayata, Aug. 23, 1935)
For example: lawyer preparing a dead of sale for a party where in fact that party already died
so ang nagbaligya sa yuta dugay na diay patay. Another dishonesty.
3. Lawyer encashing a check payable to a deceased cousin by signing the latters name on
the check. (In re: Samaniego, Nov. 20, 1959)
4. Lawyer falsifying a power of attorney and used it in collecting the money due to the
principal and appropriating the money for his own benefit. (In re: Rusina, May 29, 1959)
5. Lawyer denying having received the notice to file Brief which denial is belied by the
return card. (Ragacejo v. IAC)
In a civil case (for example in RTC), the party will lose in the RTC will have to file an appeal in
the CA. and upon receipt of that notice in the CA, the CA will issue the appellant a notice to file
Brief and upon receipt of that notice he has 45 days. So in this case, the lawyer denied having
receipt the notice to file Brief where in fact he has received. In some instance, they will also
falsify the Sheriffs return
6. Lawyer falsifying Sheriffs Return and seeking the default of the defendant (Libit v. Oliva)
(5 and 6) these documents are important because this will show whether or not the lawyer
has timely filed the pleading. The Sheriffs return will show when the notice was served or
when the parties have received the notice. So the falsification is made in order to hide the fact
that the reglementary period has already lapsed. Another form of dishonesty committed by
lawyers in the courts.
7. Using in pleadings the IBP number of another lawyer (Bongolota v. Castillo)
There are instances that lawyers will just create a number. But in the case of Santos vs
Llamas, wherein the lawyer used IBP Rizal. Ingon ang complainant nga this lawyer has been
using this number for several years when in fact hes not a member of IBP-Rizal.
(Bongolota vs Castillo) a lawyer use the IBP number of another lawyer. Its a form of
dishonesty, misrepresentation committed against the court.
8. Manufacturing, flaunting and using a spurious CA resolution before the RTC (Florido v.
Florido, Jan. 20, 2004)
These are all instances committed by lawyers based on jurisprudence
Rule 10.02 Duty not to knowingly misquote or misrepresent
When a lawyer would make an allegation in the pleadings/allegation on his/her
argument, there is the presumption that when he recite a jurisprudence/case that it
actually exist. So if he will cite a ruling which is not contained in any cases decided by the
SC then thats violation of this rule. This rule can be violated only if the act is knowingly
done by the lawyer. If it is through negligence/honest mistake then its a defense on the
part of the lawyer. There could be a possible disciplinary action but still the point is the
LAWYER SHOULD BE CAREFUL IN MAKING CITATIONS, MAKING REFERENCES TO A CASE
LAW/AUTHORITY. Kailangan sakto ang pag-footnote because the other party might make
a case against the lawyer concerned for violation of Canon 10.
Rationale: If not faithfully and exactly quoted, the decisions and rulings of the court may
lose their proper and correct meaning, to the detriment of other courts, lawyers and the
public who may thereby be misled.

A lawyer is prohibited from:

1. Knowingly misquoting or misrepresenting
a. Contents of a paper
b. Language or argument of opposing counsel
2. Knowingly citing as law, a provision already rendered inoperative by repeal or
amendment; or
You must quote/cite ruling of the SC word for word. Kung taas ra kaayo unya ang uban
part di ra kaayo important you have xxx or (thats the rule with respect to citing the
ruling of the court)
3. Asserting as a fact that which has not been proved.
Lawyers should keep themselves updated with the latest jurisprudence because if you
will cite there a law which has already been repealed by Congress then the other party
might say that you knowingly quoted an inoperative law in his favor. So he will have
study, to prepare for the case.

Rule in the Quotation of a Decision

In citing the SC decisions and rulings, it is the bounden duty of courts, judges and lawyers
to reproduce or copy the same word for word xxx
*dili jud maklaro ang PPT so I copied lang whats in the book*

When a lawyer makes a quotation of a decision in his pleadings, he should quote the
same verbatim to avoid misleading the court.
Rule 10.03 Duty to observe the rules of procedure; duty not to misuse the rules

Rationale. Procedures are instruments in the speedy and efficient administration of

justice. They should be used to achieve such end and not to derail it.
A lawyer should always in bear mind that Rules of Procedure, like the Rules of Court, are
intended to facilitate the delivery of justice to those whom it is due without unnecessary
expense and waste of time, for truly, justice delayed is justice denied. Rules of Procedure
must be used to attain such objective. Any lawyer who uses them to defeat or frustrate
the ends of justice deserves condemnation.
HOW CAN A LAWYER OBSERVE THE RULES OF COURT? (for example) If the decision of the
court has already attained finality then under the Rules of Court the next thing that a
party will do is to move for its execution. Now if the opposing party (losing) will file a case
to annul the decision based on unmeritorious grounds (because you have there the Rules
of Court a petition to annul the decision but there must be elements that must be
present in order for that petition to prosper). Now if the other party (for the sole purpose
of delaying the execution of the judgment) will file the petition without any valid grounds
then its an abuse of the Rules of Court and it is a violation of this Rule.
In remedial law, the purpose of the objective of the Rules of Court is for the party to be
able to obtain an efficient, speedy and inexpensive disposition of their cases. So if a
party/the lawyer will resort to dilatory tactics then its in violation of the CPR, it also
defeats the purpose of the Rules of Court. So the party and the lawyer could be subject
for contempt of court proceedings as well as to disciplinary actions by the SC.
CASES UNDER THIS TOPIC:

QUE VS ATTY REVILLA

Involves a final and executory judgment in an ejectment case but what the respondent-lawyer
(Atty Revilla) did was to file several pleadings before the court RTC, CA and SC asking these
courts to nullify the final and executory judgment for the purpose of delaying the execution of
the judgment.
In this proceeding, the lawyer (respondent) engaged in forum shopping. He filed several cases in
different courts hoping that he would get a favorable judgment in any of these courts. Another
thing he did was to malign the reputation of the former lawyer of his clients. Ana sya nga akong
client napildi tungod kay gibaligya man ang kaso sa ilang former lawyer. Unfortunately, the
former lawyer of his clients is already dead and he could not defend himself anymore. So in that
regard, the respondent-lawyer also violated Canon 8- duties of a lawyer towards his colleagues in
the profession. He maligned the reputation of his colleague in the profession without any
substantiation/evidence to support such allegation.
He likewise misrepresented to the court by alleging in his pleading ingon sya didto nga in 1
hearing the motion to dismiss of the party was denied and they were required to file an Answer
when in truth and in fact, during that hearing there was no denial of the motion. It was for
another incident with respect to the TRO. Pero mao na iya gibutang sa pleading, gahimo sya
storya nga mao na nahitabo.
For these violations he was DISABARRED by the SC for violations of several canons of CPR.
HUEYSUWAN VS FLORIDO
Estranged husband and wife. There was a pending annulment of marriage case between the
parties. In the meantime, the children were with the wife. So ang wife niuli sa Dumaguete and 1
day the husband appeared and showed to the wife that he got a resolution awarding him (theres
a pending temporary custody of the children) of the custody of the children. Wala nihatag ang
wife so nagkagubot in fact, the police authorities were called to intervene.
Finally the wife agreed but ingon sya sa sunod na nga adlaw. In the meantime, the wife checked
with her lawyer here in Cebu and asked her lawyer to verify in the CA (Cebu) W/N that CA
resolution was really issued by the CA. And it was found out by verification in the appellate court
that there was no resolution issued by the CA. because of that pagka-ugma ana nidagan na ang
wife wan a ngpakita sa husband.
So the husband filed a petition in the court using the spurious CA resolution but later on the case
did not prosper because the husband no longer pursued with the case. But the wife filed this case
for disbarment against the husband for the use of that spurious CA resolution.
It was established that indeed there was no CA resolution issued by the appellate court but
fortunately for the respondent-lawyer, he was not disbarred but merely SUSPENDED for 2 years
for using that spurious CA resolution. So he committed a misrepresentation before the courts.

DEL ROSARIO VS CHINGCUANGCO

Involves (in relation to case 47) the rule on the citation of the ruling of the court word for word,
punctuation mark for punctuation mark. There was this petition to cite the lawyer of the
petitioner in this case for contempt because in his pleading filed before the court, the lawyer for
the petitioner cited a case and then also cited the GR number. But in the citation nanobra, iyang
citation is L-121447 pero ang correct citation gyud is L-12147. So usa ra unta ka 4 pero the other
party make an issue out of that. Ingon sila nga thats knowingly misquoting the ruling of the court.
In his defense, the lawyer for the petitioner said that its merely a typographical error.
In fact, as found by the SC the case title is correct as well as the ruling, the principle laid down by
the court in the case was correctly cited by the lawyer. Ang sayop lang jud is ang reference
number/GR number. Ana ang SC the lawyer did not violate the CPR because for the rule to apply,
the misquoting/the act must be done knowingly. In this case, it was established that it was merely
through honest mistake/through simple negligence on the part of the lawyer so nasipyat lang jud
ug type.
So the petition to cite for contempt the lawyer was dismissed by the court.

COMMISSION ON ELECTIONS VS NOYNAY

The respondent-lawyer was admonished (gikasab-an lang) for citing the wrong case title and the
wrong SCRA citation. So nasayop iyahang name sa party, sa case title, sa citation and ang SCRA
number. Grabe daginuton pajud ni sya? ITS VERY POSSIBLE ESPECIALLY IF THE CASE IS VERY
LITIGUOUS like grabe kaayo ang away kada lihok mu file ug pleading ang pikas so i-examine ang
each and every allegations, pangitaan jud ug bikil.
In this case, the other party pointed out that mistake and the SC found the lawyer to have
committed inexcusable negligence because di lang kausa to niya na cite nga sayop kundi in
several of his pleadings. So ang pasabot ana he should have reviewed thoroughly his pleadings.
 Unlike in the case of Del Rosario vs Chingcuangco nga kausa lang sya nasayop. In this case in
several of his pleadings filed before the courts he did not bother to verify if the citation is correct.
He was neither suspended nor disbarred but he was merely ADMONISHED by the court to be
careful next time with respect to citations.

ADEZ REALTY, INC. VS COURT OF APPEALS

Involves a lawyer citing in his pleading a fact which has not been proved or established by
the court. In his pleading before the SC, Atty. Dacanay alleged therein nga as found by
the CA he then narrated the facts allegedly as ruled by the CA. So iyang gi cite didto nga
mao daw kuno ni ang ruling sa CA and the particular phrase that he inserted in his
pleading before the SC is that without notice to the actual occupant of the property
But the SC in its decision noticed that this phrase is not found in the ruling of the CA. It is
not a finding of fact by the CA so because of that he was asked to explain in writing why
he should not be disciplined so mao na ang first case August 1992. Pag October he
submitted his explanation and in his explanation, he blamed the secretary. It was his
secretary kuno ang nasayop ug insert tungod kay nagdali sya and prepared so many
pleadings at that time so he mixed up the papers.
SC said karaan na na sya nga excuse. Its not a novel excuse made by lawyers wherein
lawyers will make their secretary the scapegoat. If indeed it was the secretary who made
such insertion in the pleading then as the employer of the secretary and as the lawyer, it
is his duty also to review. After ug type sa secretary dili man ka mu pirma deretso, you
should have reviewed the work of your secretary because the sec is under you control
and supervision. SC also said that insertion is material. Impossible kaayo nga that act is
done by the sec without your consent. That fact inserted to the pleading is very material
to the case it will affect the outcome of the case.
SC DISBARRED (ang uban cases suspended lang or admonished but in this case the lawyer
was disbarred) Atty. Dacanay for that phrase inserted in the pleading. WHY? Because the
dishonesty was committed before the highest court of the land. Ka grabe nlng gd niya ug
guts to commit such dishonesty before the highest court of the land. But after 3 years,
ni apply sya for reinstatement then he was REINSTATED. So 1992 sya na disbar pag 1995
gi reinstate sya sa SC.
CANON 11 DUTY TO GIVE RESPECT TO THE COURTS
HOW? These are the things which the lawyer must observe wherein he could show that he
gives respect to the courts. Ang uban ani common sense nman lang.

Rule 11.01 Duty to appear in court properly attired

Di man pd pwde muadto ka sa court nga ga shorts/sando lang arguing for your client
Rule 11.02 Duty to be punctual at court hearings
Common sense mani. In fact in your private affairs kung magsabot mo ug 10am kinsa man say
muabot didto ug 1pm?
Rule 11.03 Duty to abstain from scandalous, offensive or menacing language or
behavior before the courts
This is the same with respect to duties of a lawyer to his colleagues in the profession. So if it
is the duty of the lawyer to be respectful to his colleagues, to his co-lawyers then under this
Canon, it is also the duty of the lawyer to be respectful in his dealings with the court in the
use of his language before the courts.
Rule 11.04 Duty not to attribute to a judge motives not supported by the record or
having no materiality to the case
Simply put, if you say that the judge is corrupt you must be ready to support your claim
otherwise, you should refrain from making any allegation against the judge because its in
violation of this rule.
Rule 11.05 Duty to submit grievances against judge to the proper authorities
Theres a proper channel for a lawyer to file his grievance against the judge. So asa man sya
mu file ug kaso against the judge for any corruption/bias committed by the judge against the
client/person? THERES A PROPER FORUM FOR THAT.

Canon 11 Duty to give respect to the Courts

Rationale. Disrespect towards the court would necessarily undermine the confidence of
the people in the honesty and integrity of the members of the court, and consequently to
lower or degrade the administration of justice by the court.
It is one of the bounden duties of an attorney to observe and maintain the respect due to the
courts of justice and judicial officers (Rule 138, Section 25 (b), RRC). The respect is not only
toward the Justices and judges but also to other officers of the Courts like Clerks of Court,
Sheriffs, and other judicial officers who take part in the judicial work.

Lawyers must be respectful not only in their actions but also in their use of language
whether in oral arguments or pleadings.

A lawyer is not only an advocate for the client he is also an officer of the court. So an officer
of the court, he is enjoined to give respect to the court and he is also mandated to help the
court in the administration of justice. So if he will disrespect the court/will exhibit unruly
 behavior, then he is not helping the court. On the contrary, he is discouraging the reputation
and dignity of the court in that regard.
TAKE NOTE: the respect should not only be limited to the judge but the respect should be
accorded also to the rest of the personnel in the judiciary in the court. So he should also
afford respect to the stenographer, process server (or processor?), sheriff because these are
components in the justice system. So you have there the judge supported by these
personnel. Maglisod man ang judge ig himo niya ug decision. Who whill serve decision? Who
will enforce the decision? You have there the processor (or process server?), you have the
sheriff. Who will keep custody of the record? You have civil case in-charge, the criminal case
in-charge. So you have to be also mindful of these persons not only to the judge but also to
them.
CRITICISMS WITH RESPECT TO ORDERS, DECISIONS OR JUDGMENTS MADE BY THE COURT:
The rule is that the public including lawyers could criticize the judgment/decision made by the
judge/justice. So if there is a decision promulgated by the SC then the public including the lawyer
could dissect the decision and say that the SC in this regard is correct because based on earlier
jurisprudence they could examine the decision and make commentaries therein. But the
limitation is that such criticism must not spill over the walls of decency and propriety.

Criticisms of Courts Must Not Spill Over the Walls of Decency and Propriety
In other words, criticism must be done in good faith and must not contain any
abusive/insulting language against the court/judges/justices.
Freedom of speech is not absolute, and must occasionally be balanced with the
requirements of equally important public interests, such as the maintenance of the
integrity of the courts and orderly functioning of the administration of justice.
Thus, the making of contemptuous statements directed against the Court is not an
exercise of free speech, rather, it is an abuse of such right. Unwarranted attacks on the
dignity of the courts cannot be disguised as free speech, for the exercise of said right
cannot be used to impair the independence and efficiency of courts or public respect and
confidence therein.

Rule 11.01 Duty to appear in court properly attired

As an officer of the court and in order to maintain the dignity and respectability of the
legal profession, a lawyer who appears in court must be properly attired. Consequently,
the court can hold a lawyer in contempt of court if he does not appear in proper attire.
Any deviation from the commonly accepted norm of dressing in court is enough to
warrant a citing for contempt.
Respect begins with the lawyers outward physical appearance in court

The traditional attires for male lawyers in the Philippines are the xxx Barong Tagalog of
xxx
 MEN LAWYERS: Barong Tagalog/coat and tie. Di pwede nga mg long sleeves lang and then tie
lang dapat naay coat. Some allow kanang short sleeve barong but usually in court proceeding
(RTC, MTC) long sleeves jud na siya. Black/brown shoes basta kay dili rubber shoes. Pero naa pud
uban judge nga di ra kaayo strikto (naay na observe si sir nga lawyer nga ga barong sa taas pero
ga maong ra sa ubos kay diba kanang the bar and the bench so di ra kaayo makit-an sa judge ang
ubos nga portion sa attire. Some lawyers kay taas ug buhok pero di na nila ipadunghay, ila pud
na hiposon or kaya mg earring but pwede ba kaha na in all courts? Imo sa tan-awn kung strikto
baa ng judge or dili. Kay kung naay Rules of Court naa pud the rule of the court (hahaha lol)
LADY LAWYERS: corporate attire/semi-formal attire. Pwede ba short skirts? Depende rpud sa
judge.
Mag depende sa judge but as a rule you must come to court properly attired. This is also to give
respect to the office of the court and also to impress your client. Kay di ka manumit ug tarong
pero imong kontra postura kaayo mag doubt nlng na imong client kung kahibaw ba kaha jd ka
mu depensa sa korte.

Courts have ordered a male attorney to wear a necktie and have prohibited a female attorney
from wearing a hat. However, the prohibition of a dress whose hemline was five inches above
the knee was held to be acceptable as such had become an accepted mode of dress even in
places of worship.
So kung okay sa simbahan okay rapud sa court. But to be safe kana lng pud di kaayo risky nga mga
sinina unless you want to influence the judge or distract the other party/opposing lawyer
(HAHAHAHA SIR BA)
Sloppy or informal attire adversely reflects on the lawyer and demeans the dignity and
solemnity of court proceedings.

Rule 11.02 Duty to be punctual at court hearings

Lawyer must come on time bisan pa ang judge mu start 9am basta if you receive an order to
go to court on 830 this Friday dapat naa naka didto ana nga time as a show of respect to the
court and to the other party and also to your client. Because if you will not be there, you will
also prejudice to the cause of your client basin ma dismiss pa imo kaso.

A lawyer owes the court and his client the duty to punctually appear at court proceedings
He shall delay no man for money or malice (Lawyers Oath)
Inexcusable absence from, or repeated tardiness in, attending a pre-trial or hearing may
subject the lawyer to disciplinary action as his actions showing disrespect to the court
makes him guilty of contemptuous behavior
Rule 11.03 - Duty to abstain from scandalous, offensive or menacing language or behavior before
the courts
This refers to the language employed by the lawyers in his pleadings before the court and also
in his oral arguments. Based on jurisprudence, SC said that the lawyer in advocating the cause
of the client may employ forceful language but the same should also be respectful, emphatic
but dignified. Basta kay di lang jud ka manginsulto sa lain/court/other party. In other words,
you should temper your language before the courts and other party. You should address
utmost respect because youre an officer of the court. Do not quarrel with the judge kay
mapildi jud ka sya baya muhimo sa decision sa case.
The lawyers duty to render respectful subordination to the courts is essential to the
orderly administration of justice. Hence, in the assertion of the clients rights, lawyers
even those gifted with superior intellect, are enjoined to rein up their tempers (Zaldivar
v. Gonzales, 1988)
There is no defense against the use in a pleading by a lawyer of disrespectful,
threatening, abusive, and abrasive language. It cannot be justified by the constitutional
right of free speech for such right is not absolute and its exercise must be within the
context of a functioning and orderly system of dispensing justice.

Pleading containing derogatory, offensive or malicious statements submitted to the court or judge
in which the proceedings are pending, constitutes direct contempt
Direct contempt will entail a fine or imprisonment or both against the concerned lawyer and
he cannot use as excuse that he did not mean what he says in his pleading. At best it will only
mitigate but there is still liability on the part of the concerned lawyer.
The lawyers disavowal of any offensive intent in using defamatory words is of no
avail.
Lack or want of intention is no excuse for the disrespectful language employed. At best,
extenuates liability (Rheem of the Philippines v. Ferrer, please see also Rule 8.01)

Rule 11.04 - Duty not to attribute to a judge motives not supported by the record or having no
materiality to the case
Kanang ingnan nimo nga bias si Judge sa other party because of the help of the opposing
lawyer. If the same is not true then you are attributing a motive/crime not actually supported
by evidence. And thats in violation of this rule. So if you will claim bias/partiality committed by
the judge then you should be ready with your evidence because you will be asked by the SC to
substantiate your claims against the judge. Otherwise, your complaint will be dismissed and
you will be asked by the SC to explain in writing why you should not be disciplined so ikaw ra
ang mabalikan.
 With respect to criticisms on comment and decisions or orders issued by the court, it must not
spill over the walls of decency and propriety it must be done in good faith and must employ
respectful language.
Comments and criticisms made on pending cases: avoid making any statement that will
influence the outcome of the proceeding. Notice nga mu ana ra sila nga NO COMMENT if naay
media mu ask. Because if you will make a comment and if that will be seen and perceived by
the court/SC as trying to influence the court in its disposition of the case later on then it is a
violation of this rule. If compelled to make a comment then he must state a factual happening
on what transpired in the hearing. Do not state your assessment of the case because that is
the function of the court to make assessment of the case. This rule also applies to the public.
So if naay radio commentator mu comment regarding sa case then a case for contempt in
court may be filed against him.
Comments and criticisms made on decisions involving concluded litigation: it doesnt mean that
you are free and have unlimited discretion in making comments and criticisms to such
decision. Your criticism must still be done in good faith and must use respectful language.

The rule allows such criticism so long as it is supported by the record or it is material to
the case. A lawyers right to criticize the acts of courts and judges in a proper and
respectful way and through legitimate channels is well recognized. The cardinal condition
of all such criticism is that it shall be bona fide, and shall not spill over the walls of decency
and propriety.

When is public comment and criticism of a court xxx permissible and when xxx

A lawyer, like every citizen, enjoys the right to comment on and criticize the decision of a
court. As an officer of the court, a lawyer is expected not only to exercise that right but
also to consider it his duty to expose the shortcomings and indiscretions of courts and
judges. But such right is subject to the limitations that it shall be bona fide. It is proper to
criticize the courts and judges, but it is improper to subject to abuse and slander,
degrade them or destroy public confidence in them. Moreover, a lawyer shall not
attribute to a judge, motives not supported by the record or have no materiality in the
case.

What a lawyer can ordinarily say against a concluded litigation and the matter the judge handed
down the decision therein may not generally be said to a pending action. The court, in a pending
litigation, must be shielded from embarrassment and influence in performing the important duty
of deciding it.
On the other hand, once xxx, the xxx who decided on it is subject to the xxx other public official
because xxx property and xxx
Rule 11.05 - Duty to submit grievances against judge to the proper authorities

A lawyer has the duty to defend a judge from unfounded criticism or groundless personal
attack
The duty to respect does not preclude a lawyer from filing administrative complaints
against erring judges, or from acting as counsel for clients who have legitimate grievances
against them

NATURE OF THE CASE PROPER AUTHORITIES TO FILE THE CASE

If administrative in nature (claiming that Judge It shall be filed with the Office of the Court
is bias/corrupt/partial in hearing & deciding the Administrator of the Supreme Court (dili kay
case- regarding Judges performance) muadto ka sa media didto na hinuon mgpagawas
sa imong grievance)
If criminal and not purely administrative It shall be filed with the Office of the
(direct bribery) Ombudsman
If it involves a Justice of the Supreme Court It must be coursed through the House of
based on impeachable offenses (through the Representative and the Senate in accordance
process of impeachment, di sya pwede ma disbar with the rules on impeachment
in the meantime samtang galingkod pa as a
Justice)
As a rule: if a lawyer has any grievance against the judge because of an unfavorable decision then
iyang recourse is to file an appeal to avail of the remedies provided under the Rules of Court. Dili
niya ikiha si Judge dili mu file ug administrative case against the justices/judges, muadto sa higher
court then question the ruling.
Exception: if the judge in rendering the order/decision committed gross ignorance of the
law/manifest partiality/corruption/bias against the party then lawyer can file admin
complaint against the judge aside from filing an appeal to CA. But if simply an error of
judgment, then remedy is to appeal.
CASES UNDER THIS TOPIC:

IN RE: ALMACEN:
The lawyer lost in the SC and because of that he filed a petition before the SC to surrender his
lawyer certificate. Ana sya SC committed injustice against my client so I totally lost my trust in the
justice system so I will surrender my lawyer certificate before the SC and SC will hold that in trust.
I will get that until then the justice system has been reformed. Ako ra kuhaon if mausab na ang
justice system.
He allaged among others used foul language against the justices, he said that justice in this
country is not only blind but also deaf and dumb (nakabutang sa iya pleading). Blind just like the
lady justice, deaf because SC failed to heed our plead for justice/sympathy and dumb because SC
simply denied our petition without taking a look on our arguments.
 He also allowed portions of that petition to be published in the newspaper. So SC waited for the
lawyer to surrender his certificate and so the lawyer was directed to surrender his certificate. Ana
dayun ang lawyer nga wala nato kay wa man ninyo gi accept so wala nato di na mu surrender.
Because of that he was asked to explain why he should not be disciplined by the SC for that
abusive language contained in his pleading filed before the SC. Napildi sya tungod rapud sa iyang
sayop because in the lower court, his client lost because he file a motion for reconsideration
without following the Rules of Court. So for that, decision of the lower court has attained finality.
Pagsaka sa CA gi affirm then pagsaka sa SC gi affirm rapud ang ruling sa lower courts. So iyang
giaway ang SC bisag iyang sayop in the 1st place.
For employing and using insulting/abusive/menacing language before the SC he was SUSPENDED
INDEFINITELY. Suspended until further orders.

WICKER VS ARCANGEL
Client is already old and the lawyer attributed to the Judge a motive not supported by evidence.
They alleged in their pleading that the judge has connections with the opposing party. Ingon sila
every time ma postpone ang kaso di mutunga si judge hasta pud ang pikas party kami ra sge
tunga. So basin naa ni inside information ang other party.
They alleged that the judge was appointed because of his connections of the lawyer of the
opposing party. Because of that the Judge ordered them why they should not be decided for
contempt. They explained unya willing na unta mu forgive si Judge but later on ana ang lawyer
nga the judge cannot handle the cases here in RTC-Makati because it is quite complex; he should
be reverted to Davao wherein the cases are simple(naa sa iya pleading). In his defense di kuno
siya ang gaingon ana ang gaingon ato kay ang client, iya nlng dw kuno gi type kay advocate ra sya
sa client.
SC said you are not a gun for hire that in case of conflict of duties to your client and to the court,
IT IS YOUR DUTY TO THE COURT THAT SHOULD PREVAIL. If asked by your client to do an act
harmful to the court then you should not do that because youre an officer of the court.
Fortunately despite these acts committed by the party and by her lawyer, they were MERELY
FINED. Fine unta to and imprisonment pero kay old nman ang client fine nlng.

RE: LETTER OF UP LAW FACULTY:

Members of the UP College of Law way labot sa kaso before the SC. there was this decision
rendered by the SC in that case and while there was a pending MR the UP College of Law
professors released a statement attacking the decision of the SC notwithstanding the fact that
there was a pending case. Di pa sya final.
In the statement released submitted to the court and released to the media: they attacked the
office of the SC attributing the SC that they committed dishonesty and misrepresentation and
injustice against the party (comfort women). They attacked the justices of the SC.
If you make any criticisms/comments on the decision of the court, it must be done in good faith,
must not spill the walls of decency and propriety. Unfortunately for the statements they made,
they were ADMONISHED BY THE SC because it is an attack of the SC especially that the case is still
pending kay naa pa baya MR and that statement was also released to the media tends to
influence the SC in deciding the pending case. Out of those several college of law professors usa
 ra ang nakalusot. His explanation was found satisfactory. The rest were ADMONISHED as well as
the Dean of the UP College of Law was disciplined merely reprimanded by the SC.

Constitution, Article VIII, Section 6. The Supreme Court shall have administrative supervision over
all courts and the personnel thereof.

An administrative complaint is not an appropriate remedy where judicial recourse is still

available, such as a motion for reconsideration, an appeal, or a petition for certiorari,
unless the assailed order or decision is tainted with fraud, malice, or dishonesty.
(Santiago III v. Justice Enriquez, Jr., Feb. 13, 2009)
January 18, 2017

Continuation of Canon 11...

The SC disciplined lawyers because they employ abusive menacing insulting

languange against the court esp. the SC, as shown in the cases of Almacen and Up
Faculty wherein lawyers in the pleadings and documents that they submitted in the
court contains statements which are using and employing insulting language against
the office.

Baculi vs Battung

-Involves a lawyer who shouted at the judge. The respondent lawyer appeared
before the judge in a case then the the latter called the attention of the lawyer to
lower his voice but the lawyer shouted at the judge.

-According to the the lawyer, it was the judge who shouted first. As shown in the
transcript, the minutes of the hearing, the judge said ing ani na gyud akong tinggog.
It was shown also that indeed it was the respondent who shouted first at the judge
so because of that ask the sheriff to remove the respondent from the court.

-He was cited for contempt.

-Not satisfied, the lawyer went back to the court and then shouted to the judge and
said that "I will file an admin case against you for gross ignorance of the law". (in
front of the public) (lawyers, litigants, and etc..))

- The judge filed a complaint for suspension/ disbarment against the lawyer.

- The defense of the lawyer was that it was the judge who first shouted and
disrespected his person'.

-But the SC taking into account the recording and the transcript that it was indeed
respondent lawyer who shouted first and insulted the judge in the presence of other
litigants of the case and other lawyers while the proceeding in court.

- For that, respondent lawyer was suspended in the practice of law for one year for
violating Canon 11 Rule 11.03- On the duty of lawyers to abstain from scandalous,
offensive or menacing language behavior before the court.

Judge Cervantez Vs. Atty. Sabio

- This involves a lawyer who accused the judge of favoring the other party. In his
complaint against the judge, he said that the judge issued orders came not from the
computer or typewriter of the court but for the computer of the other party and the
latter will just deliver this orders to the office for the signature of the judge. That's
the allegation of corruption and bribery made by the respondent lawyer.

- In the investigation conducted by the SC, it was found out that the chrages agains
the judge are not supported by evidence. The person who according to the
respondent lawyer saw that this orders were prepared by the other party to the case
in which the judge signed the same over which he will received consideration, this
person was not presented. For that the case for bribery and corruption against the
judge was dismissed.

-In return, it's now the judge who filed a case for suspension/disbarment against the
lawyer for filing a baseless and unmeritorious complaint against him.

- In the investigation, it is found out by the SC that indeed the compliant file d by the
lawyer against the judge is unfounded and without basis. For that the SC imposed a
fine to the lawyer for the amount of P 5, 000. 00.

It's the rule in administrative proceeding that the burden of proof is on the
complainant. Therefore, if you will file a complaint against a judge or a lawyer then
the complainant has the burden of proof to produce evidence to substantiate his
allegations otherwise this complaint will be dismissed by the SC for lack of merit.

- This is what happen in this case, the complaint against the judge was dismissed and
it is now the judge who filed a complaint against the lawyer.

Andamo V Larida

- This involves a lawyer who filed a complaint against the judge and some court
personnel. In that complaint against the judge, the respondent lawyer alleged that
the judge is guilty of gross ignorance of the law. Nganu iya man gikiha si judge? It's
because he filed a motion before the court and that motion for the issuance of writ
of possession was denied by the judge.

-According to the judge the lawyer failed to comply with the elements before he
could issue the writ of possession. But it is the contention of the lawyer that the
issuance of a writ of possession in that case is ministerial meaning walay choice ang
judge if he will file that motion the judge will have to issue that writ. But according
to the judge in his ruling, the judge decided that there are still two things that the
lawyer must do for the writ of execution to issue and the lawyer failed to do.

- Tungod kay na deny man siya he filed a complaint against the judge asking for the
removal of judge from his office for gross ignorance of law.

- The SC ruled and emphasized that the remedy of a party in case he will lose in the
lower court in which he will received an adverse ruling from the judge is not to file a
complaint against the judge but to elevate the case to the higher court.
-According to SC, what the lawyer could have done is to file an appeal or elevate the
issue to the court of appeals because that's the remedy provided under the rules of
court. Only when there is manifest partiality, corruption or biased committed by the
judge that a lawyer can result to an administrative action against the judge. In this
case, that circumstance is absent.

- So for filing an unmeritorious complaint against the judge, the SC dismissed the
complaint against the judge and ask the lawyer to explain in writing why he should
not be discipline.

Maceda Vs Ombudsman

-This involves a lawyer filing a complaint against the judge alleging that the judge
falsified his certificate of service. In the certificate of service the judge will state
therein that for the past year he has decided x number of criminal cases, x number
of civil cases and that he has no pending unresolved criminal cases.

- According to the complainant, the judge falsified his certificate of service because
contrary to what stated therein he has undecided and pending criminal and civil
cases.

- In his defense, the judge said that indeed there were pending civil and criminal
cases but I already asked extension from the SC for me to be able to disposed this
cases within the extended period of time.

- The judge also moved for the dismissal of the complaint filed against him before
the office of the Ombudsman saying that it is the SC which has jurisdiction over the
case.

- In resolving that issue, the SC sided with the judge by saying that the complaint
filed by the lawyer should be lodged with the SC because it involves the certificate of
service which involves the performance of the function of the judge as an officer of
the court. It's the court who can determine if there was a motion for extension filed
by the judge if the certificate f service is accurate. It is the court which has the
records.

- The SC in this case emphasized that for grievances against the judge the same
should be filed before the proper forum as indicated under Canon 11 rule 11.05 - It is
the duty of the lawyers to submit grievances against judges before the proper
authorities. Therefore, for admin cases against judges the same should be filed
before the SC through the office of the court administrator.

So if you have a complaint against the judge you should not file it before the
ombudsman. If it's administrative in nature you should not air it before the radio or
media. The only thing you need to do is go directly to the SC through the office of
the court administrator.
Canon 12: Duty to Assist in the Speedy And Efficient Administration of
Justice
Rule 12.01- Duty to adequately prepare for
trial

Rule 12. 02- Duty not to engage in forum

shopping

Rule 12.03- Duty to file pleadings on time

Rule 12. 04- Duty not to unduly delay a case

Rule 12.05- Duty not to talk to witness, during break or recess, while the latter is
still under examination

Rule 12.06- Duty not to knowingly assist a witness to misrepresent or

impersonate

Rule 12.07- Duty not to abuse, browbeat or harass or needlessly inconvenience

a witness

Rule 12.08- Duty to avoid testifying in behalf of his client

So this canon also is in consonance with provision in the Constitution,

Constitution Article III, Sec. 6. All persons shall have the right to a speedy
disposition of their cases before all judicial, quasi-judicial, or administrative
bodies.

-In fact in criminal cases, the accused could move for the dismissal of the case
if there is a violation of his right to speedy trial. So if the criminal case is always
postponed then the accused through his counsel could move for the dismissal
of the case and the judge will in all probability favors to the dismissal of the
case (specially if there is no effort on the part of the prosecution to move
forward with the case).

Rule 138 Sec 20(g). Duties of Attornies.- It is the duty of an attorney. (g)
Not to encourage either the commencement or the continuance of an
action or proceeding, or delay any mans cause, from any corrupt motive or
interest.
Under this canon, is the duty of the lawyer to assist the court in the administration of
justice. How? You have there the rules e.g to prepare for trial, to file pleadings on
time, not unduly delay the case....these are the things which a lawyer can do to assist
the court.

Rule 12.01: Duty to adequately prepare for trial

A lawyer shall not handle any legal matter without adequate preparation.
(Rule 18.02)

A lawyer should never come to court unprepared. Most cases brought to

court without preparation are cases lost. Half of the work of a lawyer is
done in the office. It is spent in study and research. Inadequate preparation
obstructs the administration of justice.

-It's a common sense, if you go to court you are expected to have studied the
pleadings and prepared your arguments. So if you file a motion before the
court and you set it for hearing (ex. this friday) when you come to court you
should be prepared with your arguments and be ready to argue and
expound all those arguments because the judge might ask you to argue. (so
mag recits mo didto)

The purpose of that oral argument is to convincethe judge why the court
should dismiss the case.

The same also with prepare for trial, if you are to present a witness you should
be ready with your witness and prepare your witness for direct or cross
examination. Dili ka moadto sa korte na postora kaayo nya ig abot didto
kay mo ingon raka nga 'judge may I ask for a resetting.

Rule 12.02: Duty not to engage in forum shopping

Kanang mag shopping diba di mana sa isa raka ka tindahan moadto, syempre you go
to different stalls or stores para mag shopping or magpalit ka. So that's the concept
of shopping and if you apply that to forum shopping, it simply means that a party
through his lawyer will file the same case to different courts then maghuwat ra siya
asa na decision ang mo pabor niya.
 The essential elements of forum shopping

0 Two or more cases are pending

0 The pending cases involve same parties, same causes of action and same
relief prayed for.

Naay uban na maro kay ilang usbon lang ang parties ug gamay para aron
ingnon na dili same parties and gi file.

In your study later on Remidial law, there are cases where the SC said that if the
parties are substantially the same and substantial in the same issues then there is
forum shopping.

Penalties for violation of the rule against forum shopping under Section 5,
Rule 7 of the Rules of Court

0 1.) Failure to comply with the requirements shall not be curable by mere
amendment of the complaint or other initiatory pleading but shall cause for
dismissal of the case without prejudice unless otherwise provided upon
motion and after hearing.
0 2.) The submission of a false certification or non-compliance with any of the
undertakings therein shall constitute indirect contempt of court, without
prejudice to the corresponding administrative and criminal actions and

0 3.) If the acts of the party or his counsel clearly constitute wilful and
deliberate forum shopping, the same shall be ground for summary
dismissal with prejudice and shall constitute direct contempt as well as a
cause for administrative sanctions.

Example: If you filed a complaint for collection of sum of money so imong

kliyete kay gusto siya mag collect kay naka utang ang isa ug 500k. In that
complaint for sum of money, you will attached to that complaint a
certificate against forum shopping in your complant.

The certification of forum shopping is need in initiatory pleadings. The

certification will be executed by the client and the same is notarized.

If a party fails to attached that certificate of non forum shopping then the
consequence is the dismissal of the case will not prejudice. (Meaning the
party could re file again the complaint later on now attaching the
certificate.

If there i a submission of a false certification( of non forum shopping), the

consequence is contempt of court without prejudice to admin and criminal
actions. However, if the forum shopping constitutes willfull and deliberate
act on the part of the lawyer and the client, summary dismissal of the case
 meaning the court can dismiss it outright upon receiving of the complaint
without any hearing with prejudice (meaning the party cannot re file)

Specific instances of forum shopping that merited sanction

0 1.) When as a result of an adverse opinion in one forum, a party seeks

a favorable opinion( other than by appeal or certiorari) in another
0 2.) Filing an action in court while the same cause of action is still pending in
an administrative proceeding.

0 3.) Filing a second suit in a court without jurisdiction.

0 4.) When counsel omits to disclose the pendency of an appeal, in

filing a certiorari case.

Who signs the Certification against forum shopping?

0 General Rule: It must be signed by the client and not by the counsel.
Otherwise, it is equivalent to non-compliance with the Rules of Court
and is defective.

0 Exception: When the counsel, clothed with the special power of authority to
do so, attests in the certification that he has personal knowledge of the
facts stated and gives justifiable reasons why the party himself cannot sign
the same.

But if the client is available then he/she is the one that should sign.

Rule 12.03: Duty to file pleadings on time

The court censures the practice of counsels who secures repeated extensions of
time to file their pleadings and thereafter simply let the period lapse without
submitting the pleading or even an explanation or manifestation of their failure
to do so.

Where a lawyers motion for extension of time to file a pleading, memorandum

or brief has remained unacted by the court, the least that is expected of him is
to file it within the period asked for.

If the lawyer is asked to file his pleading within five days from today the he should
file that within the said period.

If the Rules of Court provide that the motion for reconsideration should be filed
within 15 days from the receipt of the adverse order then the party should
follow it.
 Now, what's the recourse of a party who cannot file the pleading on time?

- he should file a motion for extension dili kay magbuot2 ra siya'g extend without
informing the court or asking the court for relief.

- he should file that motion for extension within the period dili siya sa time nga kay
already lapsed na ang period then didto pa siya mo file ug extension.

That's the proper recourse BUT as a rule you should file your pleading on time.

Rule 12.04: Duty not to unduly delay a case

It is understandable for a party to make full use of every conceivable legal

defense the law allows it. However, of such attempts to evade liability to which
a party should respond, it must ever be kept in mind that procedural rules are
intended as an aid to justice, and not as means for its frustration.

Once a judgment becomes final and executory, the prevailing party should not
be denied the fruits of his victory by some subterfuge devised by the losing
party. Unjustified delay in the enforcement of a judgment sets at naught the
role of the courts in disposing justiciable controversies with finality.

Like, asking for several postponements of the case without any valid reason or
not filing a pleading on time or filing dilatory pleadings in order to defeat the
judgement of the case (these are the acts violative to this rule).

Rule 12.05: Duty not to talk to witness, during break or recess, while the latter
is still under examination

Purpose: to prevent the suspicion that he is coaching the witness what to say
during the resumption of the examination. Moreover, this rule is also
designed to uphold and maintain fair play with the other party and to
prevent the examining lawyer from being tempted to coach his own witness
to suit his purpose.

But if the witness has not yet been presented in the witness stand then pwede
siya magstorya.
Rule 12.06: Duty not to knowingly assist a witness to misrepresent or
impersonate

0 The witness who commits misrepresentation is criminally liable for False

Testimony either under Art 151, 162 or 183 of the RPC, as the case may
be.

0 The lawyer who presented a witness knowing him to be a false witness is

criminally liable for Offering False Testimony or Evidence under (di jud
maklaro bes)

0 Lawyer who is guilty of above mentioned crimes is both criminally

and administratively liable.

Although, it is not strictly observed in practice but you have there the
consequences if you will assist the witness in impersonation or in
committing falsehood before the court.

Rule 12.07: Duty not to abuse, browbeat or harass or needlessly

inconvenience a witness

The lawyer has a duty to always treat adverse witnesses and suitors with
fairness and due consideration

Thus it is misbehavior in court for a lawyer to frighten or shout at witness, to

terrorize them or tear them down arrogantly, cross-examine them with
incessant questions beyond what is fair and necessary or maligning them
with such other similar acts where disrespect instead of respect, is the tone
of the action

As the lawyer of that witness, what you can do is to manifest before the
court..."your honor I would to like to manifest that the opposing lawyer is
harassing the witness " or you also say that..." your honor objection the
question has been already answered by the witness". (kay naa uban lawyer
sig balik2 pangutana hoping na mausab ang tubag sa witness and annoying
kaayo na diba)

The lawyer also for that witness should be quick with his objection in order to
protect the witness from harassment. Only the lawyer can do the objection dili
pwede ang witness.
 Rights and Obligations of a Witness Under Section 3, Rule 132, RoC

-A witness must answer questions, although his answer may tend to establish
a claim against him. However, it is the right of a witness:

0 1.) To be protected from irrelevant, improper, or insulting questions

and from harsh or insulting demeanor;
0 2.) Not to be detained longer than the interests of justice require;

0 3.)Not to be examined except only as to matter pertinent to the issue;

0 4.)Not to give an answer which will tend to subject him to a penalty

for an
offense unless otherwise provided by law or;

5.) Not to give an answer which will tend to degrade his reputation,
unless it be the very fact at issue or to a fact which the fact in issue
would be presumed. But a witness must answer to the fact of his
previous final conviction for an offense.

Rule 12.08: Duty to avoid testifying in behalf of his client

Exceptions:

(a) on formal matters, such as the mailing authentication or custody of an

instrument and the like; or

(b) on substantial matters, in cases where his testimony is essential to the end of
justice, in which event he must during his testimony, entrust the trial of the
case to another counsel.As shown in the case of Santiago V Rafanan...

Please take note na avoidance ra ni siya. If it cannot be helped then he can testify
under those exceptions.

Rationale for the Rule:

0 a.) There is a difference between the respective functions of a witness and

an advocate
0 b.) The function of a witness is to tell the facts as he recalls them in answer
to questions
0 c.)The functions of an advocate (is to move forward with the case of the
client and to find arguments in order for that cause of action to prevail)
0 d.) The lawyer will find it hard to dissociate his relation to his client
as an attorney (huhuhu di jud maklaro pic)
 Instances when a lawyer MAY NOT testify as witness in a case which he is
handling for a client:

0 1.) When as an attorney, he is to testify on the theory of the case.

0 2.)When such would adversely affect any lawful interest of the client
with respect to which confidence has been reposed on him.

0 3.)Having accepted a retainer, he cannot be a witness against his client.

0 4.) He cannot serve conflicting interests

0 5.) When he is to violate the confidence of his client.

Instances when a lawyer MAY testify as witness in a case which he is handling

for a client.

0 1.) On formal matters, such as the mailing, authentication or

custody of instrument and the like
0 2.) Acting as an expert on his fee

0 3.) On substantial matters in cases where his testimony is essential to the

ends of justice, in which event he must, during his testimony, entrust the
trial of the case to another counsel.

Cases:

Alcantara Vs De vera

- This involves lawyer who secured a notice of garnishment in behalf of the client.
In this case the lawyer was able garnished amount for the client but he did not
delivered the amount to the client. What he did was to hold on to the money ingon
siya na ako natong gi minusan sa akong atty.'s fees ang katong sobra akong gibayad
sa judge, maoy allegation. Because of that actuation the client filed a complaint for
suspension and disbarment.

- The SC suspended the lawyer and because of that he filed cases against his client.
Iya pud gikiha ang members of the IBP for suspending him for one(1) year kay mura
siyag nawala gikiha niya ang tanan tungod sa iyang kalagot.

- In those cases that he filed against his client, he used information that he gained in
his atty-client relationship with his client. In other words iyang gibulgar didto ang
sekreto sa iyang kliyente sa iyahang pleading nga gi file sa court. In fact in those
pleadings also he used insulting language and maligned his former client. Mura siyag
irong buang ba kay gi attake tanan hasta IBP.
-For that he was disbarred by the SC. He violated several canons one of which is that
he filed several pleadings engaged in forum shopping and also violated canon 11 of
the CPR.

Nunez V Atty. Ricafort

- This involves a lawyer who was asked by the complainant to sell her property
and when it was sold the lawyer did not turn over the proceeds. The owner of
property filed a complaint for collection against the lawyer in the court but the
lawyer did not file his answer to the complaint. So there was a judgement issued
by the court against the lawyer directing him to pay the complainant. Nibayad siya
he issued a check ang lawyer unya kay check ni untol. Again another case for
violation of B.P Blg. 22 then the complainant/ owner of the property filed a
complaint for suspension and disbarment against the laywer.

- The lawyer was asked by the court to file his comment on the complaint for
suspension/ disbarmen, Wa napud siya ni file despite the order and his receipt.

-In resolving the case, the SC noted that the respondent lawyer violated several
canons of the CPR. He violated Canon 1 (engaging in unlawful or dishonest conduct
with the issuance of those bouncing checks), Canon 7 (degraded the integrity of
profession, he unduly delayed the case by not filing a pleading on time or not at all
despite the orders from the court).

- He was suspended indefinitely by the SC for those violations.

Santigo Vs Rafanan

-This involves the topic of the duty of the lawyers to avoid testifying in behalf of the
client. There were two charges against the respondent lawyer in this case. First
charge is on violation of the notarial law. The second charge is that the lawyer in this
case executed an affidavit in favor of his client. His client was charged with the crime
of attempted murder.

- For the first charge, the SC found the respondent lawyer guilty. The respondent
lawyer in his notarization wa niya gi complete ang details. In his defense, he
contended that that's the practice in their place.

- The SC said that dili tungod gi practice na sa inyo sakto na because that is in
violation of the rules on notarial practice. He was imposed by a fine of P 3, 000.00
by the SC.

- But on the charge on violation to avoid testifying in behalf of the client the SC
found the lawyer not guilty.
- According to the SC, while it's the duty of the part of the lawyer to avoid testifying
in behalf of the client it also accepts of exceptions and one of which is on substantial
matters. In this case, the respondent lawyer in his affidavit stated and alleged
therein that at the time and date of the commission of the alleged crime of murder
his clients were in his place.

- The SC found that affidavit substantial in the defense of the client of the lawyer.
But in this case also the SC emphasized that if the lawyer has to testify for the client
he has to turnover the litigation (handling of the case) to another lawyer. In order to
avoid the suspicion that he is biased although biased man gyud siya but to avoid the
perception on the part of the public and on the judge that he is advancing the cause
of the client. Also to avoid the blurring of the line between the function of a witness
and a function of an advocate.

Fil- Garcia Inc. Vs Hernandez

- This involves the duty on the part of lawyers to file pleadings on time. The
complainant Fil-Garcia Corporation lost with the RTC and they have different lawyer
in that RTC proceeding. After RTC, they went to the CA. When the case reached the
CA they engaged the services of Atty. Hernandez to file that appeal. Ang gibuhat ni
hernandez instead of filing that pleading before the CA kay nangayo siyag extension
katulo .

*First motion for extension, is about the filing of the pleading which he alleged
that he was busy kay tungod naa siya'y engagement sa election being the counsel of
the mayoralty and senatorial candidate.

*Second motion for extension, he alleged that nasakit siya so wa siya katrabaho.

*Third motion for extension, alleging na nasayop siya'g calculate murag na kulangan
iyang oras to prepare the pleading and he has to attend equally important legal
matters.

- He received an order from the CA denying his motion for extension so necessarily
kato iyang second ug third wala napud to. Then the CA issued an order dismissing
the appeal for failure on the part of Atty. Hernandez to file the pleading and as a
consequence the ruling of the RTC became final and excutory. He received this order
from the CA on November 2001 nya iyang gi inform ang client the next year mga
around June 2002 na napildi sila.

-Due to that circumstance, the corporation now filed a case for suspension/
disbarment against the lawyer.

-In this disbarment case, the SC found the lawyer guilty of violation of Canon 12 on
his part to file pleadings on time. The SC said that it may be correct that he filed the
motion for extension that he cannot file the pleading on time but he should not
assume that his motion would be granted. The SC ruled that if you ask for extension
(say for example you 15 - day extension) you should file your pleading within that 15
days dili kay after 15 days mangayo nasad ug extension. Either you file your pleading
within the extended period or you do diligence by going to the court and inquire
whether your motion is granted. This is what exactly Atty. Hernandez failed to do ni
assume ra siya file ug extension unya wa ka file sa pleading within the extended
period unya ni file nasad ug extension, ni assume ra siya nga okay ang court.

- He also violated Canon 18 on failure to inform the client on the status of the case.
Under Canon 18 is the duty of the lawyer to inform the client from time to time the
status of the case.

- Surprisingly, he was merely suspended by the SC for six months.

Canon 13: Duty to refrain from acts giving appearance or influencing

the court

Rule 13.01- Duty not to extend extraordinary attention nor seek

opportunity for cultivating familiarity with judges

Rule 13.02- Duty not to make public statements in the media regarding
pending case

Rule 13.03-Duty not to invite outside interference in the judicial

proceedings

This canon is formulated to insure that the judges of the courts will be insulated from
any outside influence in deciding the case. On the part of the lawyer, this canon
emphasized that the lawyer should advocate for the client solely within the bounds of
the law. Kinahanglan maka daog siya sa kaso based on the merits dili siya based
on corruption or connection with the judge. He should rely on the merits of the case
in other words he should rely on his pleadings or the evidence that he has presented
before the court.

In prosecuting or defending cases, the lawyer must be guided by the

principles of justice. He must rely on the merits of his cases and should avoid
using influence and connections to win his cases. His cases must be won
because they are meritorious and not because of connections, clout,
dominance or influence. To do so, the lawyer breaks the basic principles of
justice which is highly condemnable.
 Courts as impartial administrators of justice are entitled to dispose of their
business in an orderly manner, free from outside interference obtrusive of their
functions and tending to embarrass the administration of justice just as litigants
are entitled to have their causes tried fairly by an impartial tribunal,
uninfluenced by publication, public clamor, bias, prejudice or sympathies.

Rule 13.01: Duty not to extend extraordinary attention nor seek

opportunity for cultivating familiarity with judges

Rationale: To protect the good name and reputation of the judge and the lawyer

0 The unusual attention may subject both the judge and the lawyer to suspicion

0 The common practice of some lawyers making judges and prosecutors

godfathers of their children to enhance their influence and their law
practice should be avoided by judges and lawyers alike.
0 A lawyer should not see a judge in chamber and talk to him about a case he
is handling and pending in the judges court.

0 A lawyer should not communicate to the judge the merits of a pending

cases.

The lawyer is not prohibited from getting the judge as to be the

ninong/ninang sa kasal or bunyag ba but the layer should avoid specially if
he has pending cases before the judge. Di man sad nuon na makalikayan
noh kay later on ma abogado namo and inyong classmate nahimong judge.
Posible man jud na nga before imong classmate na himong judge ninong na
siya sa imong anak. Posible man jod na pero ang condition lang kay you will
not use that friendship/relationship in order to obtained a favorable
decision.

In other words, you should not abuse or use that relationship in order to
advanced the cause of client to the disadvantage other party.

Rule 13.02: Duty not to make public statements in the media regarding pending
case

Test when public statement is contemptuous- The character of the act done
and its direct tendency to prevent and obstruct the discharge of official duty is
the test to determine (di nasad maklaroang pic mga bes)

Because this might be taken as a form of influencing the court in deciding the case.
So kung pagutan-on gani ka ingon lang ug NO COMMENT para safe.
Rule 13.03: Duty not to invite outside interference in the judicial proceedings

Rationale: To preserve the independence of the judges in the performance of

their duties

Rule 13.03 & Rule 11.05, basis of the rules: Principle of Separation of Powers

This is to observe the Principle of Separation of Powers (Judicial, Executive and

Legislative). So you should not ask the help of the other department with respect to a
pending case before the judge because you are now trying to influence the judge
through the use of your connections in the other departments of the government.
Legal Ethics Discussion - January 19, 2017

CASES UNDER CANON 13

Lantoria v Atty. Bunyi

FACTS: This case pertains to the duty on the part of lawyers to not to seek familiarity or
attention with judges and to advocate the cause of the client there lying the merits of the
case. So what happened in this case is that the complainant is the manager/supervisor of a
land and the respondent is the retained lawyer of the owner of the land and later on the
manager filed a complaint for disbarment against the lawyer based on the letters that he
received from the respondent lawyer so in these letters the respondent asked the
complainant to forward to the judge draft decisions of cases so this land being managed by
the complainant is littered with squatters or informal settlers so the owner of the land wanted
these informal settlers to be evicted or ejected to the parcel of land. So there was an
ejectment case filed against the informal settlers. In these cases pending before the judge,
the lawyer prepared drafted decisions for the judge and he asked the complainant in the
letters to forward to the judge the decisions. So based on these letters the complainant filed
a complaint for suspension and disbarment for violation of canon 13 of the CPR

Defense of laywer (respondent): I drafted those decisions because the complainant asked
me to because the complainant had an arrangement with the judge and it was the judge who
requested the lawyer thru the complainant to prepare the decisions.

RULING: The SC observed based on evidence that the allegation that it was the judge who
asked the respondent to draft the decision is not substantiated, there was no evidence. What
was clear in the evidence presented in the investigation that it was the lawyer who insisted
that the complainant should bring the decisions to the judge and for the judge to sign the
same. So these draft petitions pertain to the cases pending. He is trying to win the case not
on the merits of these cases but because of some other considerations maybe thru his
connection with the judge although it was not established. What was established was that
the draft decisions came from the lawyer and he prepared that for the judge. Now under the
rules of court it is the judge who should write the decisions and sign it it should not come
from the parties.It is not allowed and it is unethical for the lawyers parties to write decisions.
For that, he was Suspended for one year.

Foodsphere, Inc. v Mauricio

This involves at first a BFAD case, then a civil, criminal and then an Admin case.

BFAD case,

It started with a private individual who purchased CDO liver spread. And when these private
individuals opened the can it contained worms. Reklamo sila sa BFAD. So in thet bfad
proceedings, the private individuals assisted by atty. Mauricio they claimed damages but the
company is willing to pay but only for the amount of the canned goods and for the whatever
hospital and medical expenses incurred by private individuals. There were negotiations and
finally there was a kasunduan agreed by the parties. The company paid the individuals
50,000. It was later on established that Atty. Mauricio was the one who prepared the
kasunduan although in the kasunduan he also signed as a witness. Now as part of the
kasunduan, Atty. Mauricio demanded from the company that the company would pay airtime
bill kay naa mai radio program si Atty and naa sd syay tv program and naa pd syay column sa
tabloid. Gusto sya nga ang kaning company will pay advertise. So he demanded. Ang iyang
demand is more than the settlement amount mga almost half a million. After the agreement,
as a sign of goodwill of the company it paid murag the first few issues sa tabloid and spot sa
tv and discontinued kay dako na magasto. Because of that atty. M threatened the company
that he would disclose to the media that this company has this product which contained
worms. But the company did not budge so he went on attacking the CDO in his programs. In
fact he conducted a contest kinsa ang company dri nga namaligya ug ulod. He named the
company eventually. So there was a libel case filed against him. His answer to the complaints
he also attacked the prosecutor. So g away nya tanan and he made comments on the pending
cases, he made criticisms and comments g tawag nya nga mga bogo ang fiscal thru his radio
program and he also made a suggestion that these public officials are being paid by the
company. So based on this actuations made by the lawyer there was a complaint for
disbarment and suspension and it was established in the investigation he violated several
canons. It was obvious that he assisted the parties in the kasunduan and that kasunduan was
supposed to close the issue between the company and the individuals in fact it was him who
prepared the document but nonetheless he still kay waman ma tuman iyang gusto murag
spoiled ba nag tantrum so iyang gpang away tanan. But he attacked the company in the
media. He was merely suspended for three years.

Re: Suspension of Atty. Rogelio Bagabuyo

A lawyer who attacked a judge in his radio and print program. The lawyer here is a prosecutor.
There was this criminal case and the judge in this criminal case granted the motion for bail
filed by the accused accrding to the fiscal that should not be granted because the accused
was charged with a crime that is unbailable. So because of that, instead of attacking the
decision of the judge and elevating it to the higher courts, ang iyang gbuhat nagpa interview
sa media and attacked the judge and for that he was cited for contempt. Wapa sya na
kontento nagpa interview napd sya ingon sya, ako ning ikiha si judge because of gross
ignorance of the law and for him to be removed from govt position, I have prepared a
truckload of cases to support my case against the judge and this judge doesnt know his law
instead of studying law he is studying mahjong. For that he was cited for contempt and
suspended by the RTC judge. And this suspension was elevated to the SC for its approval. So
the RTC judge can suspend a lawyer but still still subject to review by the supreme court.
When it was reviewed by the SC, the SC agreed with the RTC judge finding the lawyer guilty
of violating the CPR. He violated canon 11, 13 of CPR. Canon 13.02 specifically. He was
suspended for one year.

Attorney- Client Relationship: Nature of Relation
1. Strictly Personal
2. Highly Confidential
3. Fiduciary

Relation as Strictly Personal
The relationship involves mutual trust and confidence to the highest degree.
The personal character of the relation prohibits its delegation in favour of another
attorney without the clients consent
A client can terminate the relationship at anytime with or without cause
An attorney, however, an officer the court, enjoys no similar right. He may be permitted
to withdraw from the case only with the consent of the client or that of the court.
It also terminates upon the death of either the client or the attorney.


1. Strictly personal
So it is the client who will choose the atty who will handle his case. As to how
many lawyers he will engage it is up to him and his paying capacity. He can
engage 1 or 2 or more. Siya magboot kinsa iya kuhaon nga lawyer. .
Can anytime dismiss the lawyer. Can terminate anytime with or without cause.
The lawyer cannot file illegal dismissal.
Upon the death of the client or lawyer the relationship will be terminated.
Unless the lawyer is a firm then all the lawyers will be the retained lawyers. If
sole practitioner, then it will extinguish
The atty cannot withdraw from representation of the client without clients
consent.
Ang client pwedi nya e dismiss ang atty anytime without informing the court
but the lawyer cannot just simply withdraw from the case without getting
consent from the client and inform the court. If he cannot get the consent of
the client then he has to file a motion before the court informing the court that
he has to withdraw based on these grounds.

Realtion as Fiduciary and Confidential

It demands undivided allegiance, a high degree of good faith, disinterestedness, candor,
fairness, loyalty, fidelity, and absolute integrity in all his dealings with his clients and utter
renunciation of every personal advantage conflicting with the interest of his client
The lawyer works for the client he must earn the trust and confidence of the
client. So once that trust and confidence is lost the client can terminate the
lawyer.
The lawyer is enjoined from disclosing information that he gained.


CREATION OF THE ATTY-CLIENT RELATIONSHIP

1. Oral- counsel is employed without a written agreement but the conditions and amount
of attorneys fees are agreed upon.
2. Express- terms and conditions of engagement are evidenced by a written document.
3. Implied- there is no agreement, whether oral or written, but the client allowed the lawyer
to render legal services not intended to be gratuitous without objection, and the client is
benefited by reason thereof.
Note: while a written agreement for professional services is the best evidence to show the
relation, formality is not an essential element of the employment of an attorney. The
absence of a written contract will not preclude a finding that there is a professional
relationship. Documentary formalism is not an essential element in the employment of an
attorney.
Rules of court, Rule 138, Sec. 21
An attorney wilfully appearing in court for a person without being employed, unless by
leave of the court, may be punished for contempt as an officer of the court who has
misbehaves in his official transactions.


It will be created by verbal agreement between the parties.
Written contract
Written engagement - contains all the conditions of the engagement
Created thru implied agreement- the lawyer will appear for and in behalf of the client
and the client has knowledge of the same and the client will not oppose the
representation.
There is no hard and fast rule as to the creation of the atty-client relationship it could
be made in any form or means. It is advisable however that this atty-client relationship
may be reduced into writing. While there may be no form, for purposes later on for
protection of the client and the lawyer it is prudent that the arrangement should be
reduced into writing. That is the best evidence in case of conflict. For the protection
of both parties.


DUTIES OF A LAWYER TO HIS CLIENT

CANON 14

Canon 14- Duty to render legal services to the needy
Rule 14.01- Duty to make available services regardless of status
Rule 14.02- duty not to decline appointment as counsel de oficio or amicus curiae
Rule 14.03- duty not to refuse representation of intelligent client
Rule 14.04- duty to observe same standard of conduct for all clients.
A private practitioner is not obliged to act as counsel for a person who may wish to become
his client. He has the right to decline employment,
Exception: canon 14 provides the exceptions to the general rule and emphasizes the
lawyers public responsibility of rendering legal services to the needy and oppressed who
are unable to pay attorneys fees, in such cases, refusal is the exception rather than the
rule.

So under this canon while it is the duty on the part of the lawyers to render legal service to
the needy it doesnt mean that the lawyer has to accept everyone asking him for legal services
he can also choose.


Rule 14.01- Duty to make available services regardless of status.
 A lawyer cannot decline to represent a person for the sole reason of the latters (1) race,
(2) sex, (3) creed, (4) status in life, (5) because of the lawyers opinion that said person is
guilty of the charge.
The administration of justice does not discrimate against any one on grounds of
nationality, religion sex, or status of life.
Rule 14.01- applicable only in criminal cases
A lawyer cannot decline to represent an accused cause of his opinion that the accused is
guilty of the charge filed against the latter. (rule 14.01; Section 20, rule 138 of the rules of
court)
It is not for the lawyer to adjudge the guilt of his own client who under the law is presumed
innocent until proven otherwise. (Section 14 (2), Art. III, constitution)
It is not unethical for a lawyer to defend an accused charged with any crie, heinous or
otherwise, because in the eyes of the law, until his conviction, he enjoys the rebuttable
presumption of innocence. (Section 14 (2), Art. III, constitution)
Rule 14.01- inapplicable in civil cases
The attorneys signature in every pleading constitutes a certificate by him that there is a
good cause to support it and it is not interposed for delay and wilful violation of such rule
shall subject him to disciplinary action. (Lawyers oath; Section 3, Rule 7 of the Rules of
Court)
It is the attorneys duty to counsel or maintain such actions or proceedings as appear to
him to be just and only such defences as he believes to be honestly debatable under the
law. (Lawyers oath; Section 20 (c)) rule 138 of the rules of court
A lawyer is not to encourage either the commencement of the continuance of an action
or proceeding, or delay any mans cause, for any corrupt motive or interest. (Lawyers oath.
Rule 1/03. Canon 1 of the CPR)
A lawyer must decline to conduct a civil cause or to make a defense when convinced that
it is intended merely to harass or injure the opposite party or to work oppression or wrong.
(lawyer;s oath, canon 12)

Please take note that what is prohibited under this rule is that if the lawyer declined the
prospective client for the sole reason kay di ka ganahan kay racist ka, or di mu pareho ug
religion or pobre, so di na sya allowed if that is your only reason you may have violated this
rule. But if it is some other reasons you may be excused especially if under the CPR you have
2 grounds for you to be excused from representing the needy client, lack of competency or
conflict of interest.

QUESTION: If about physical attribute sir?

Atty: Now thats discrimination. It maybe in violation if that is your only reason.

Please take note also that under this rule especially on declining representation of the person
because of the opinion of the lawyer on the guilt or innocence of the accused then this one is
only applicable on criminal cases.
A lawyer cannot decline a prospective client based on his opinion on the guilt of that
prospective client.
Rapist man ning nawng oy So if the only reason that you declined the person is because you
believed that he committed the crime then it is not allowed under the rule. Your function is
to advocate the cause of the client you are not a judge. They are to be heard and be
represented by a lawyer.
In fact, if you are representing an accused in a criminal case and the prosecution has failed to
establish the guilt of the accused beyond reasonable doubt bisan pag feel nimo nga guilty
man ni ako cliente but the prosecution has failed to discharge that burden of proof it is
allowed for you to file a motion to dismiss the case.
But with respect to civil cases, it is different when a prospective client approaches a lawyer
and asks to file a case and based on his assessment of the case of the client he has determined
that there is no ground to file a case then the lawyer can decline. Otherwise if the lawyer will
consent to the filing of the baseless case he will be subjected to disciplinary action of the SC
based on the case of Tapay v Banculan(?) SC that the signature of the lawyer in the pleading
signifies three things he has read the pleading there is good cause to support the case the
pleading is not filed to delay so if the case filed by the lawyer for the client is baseless he has
violated or misrepresented the case. It is a violation of the lawyers oath and also the due to
delay no man for money or malice.

Rule 14.02- Duty not to devcline appointment as counsel de offcio or amicus curae
Counsel de oficio- a counsel appointed or assigned by the court, from among such
members of the bar in good standing who by reason of their experienced and ability, may
adequately defend the accused.
Amicus curiae- a friend of the court, a bystander (usually a counselor) who interposes
or volunteers information upon some matter of law in regard to which the judge may be
doubtful or might go wrong, acts merely as consultant to guide the court in a doubtful
question or issue pending before it. The amicus curiae serves without compensation.

Amicus curiae- a friend of the court
The Supreme Court will ask the lawyer to make a position paper on a certain issue which is
confronting the SC.
It is the duty of the lawyer to act as such.
If he is appointed as amicus curiae then he cannot decline. You should follow, if you decline
you will be asked by the SC why you are declining the appointment. It is also the function as
member of the court in helping the SC in administering justice.

Counsel de oficio it is the duty of the lawyer if he is appointed as such to assist an accuse.

Rule 14.03- duty not to refuse representations of indigent clients.
Indigent- shall refer to the person who has no visible means of income or whose income
is insufficient for the subsistence of his family, to be determined by the fiscal or judge,
taking into account the members of his family dependent upon him for subsistence. (Sec. 2,
RA 6033)
Indigent- one who has no money or properly sufficient and available for food, shelter and
basic necessities for himself and his family. (Section 21, rule 3 of the rules of court)
Indigent- those (a) whose gross income and that of their immediate family do not exceed
an amount double the monthly minimum wage of an employee and (b) who do not own
real property with a fair market value as stated in the current tax declaration of more than
three hundred thousand pesos. (Section 19, Rule 141 of the rules of court)
Rule 14.03 allows exceptions
 Lack of competence
Conflict of interest

Lack of competency- If the lawyer is not competent to handle the case of the prospective
client because the case calls for the application of branch of law in which the lawyer is not
competent or is not into that practice then he could decline. Refer the client to other atty.

Conflict of interest If the prospective client asks you to file a case againts that corporation
but you are the retained lawyer of that corporation. If he will represent that client depsite the
existence of that conflict of interest he may violate canon 15.

Rule 14.04- duty to observe same standard of conduct for all clients
Amount of attorneys fees or clients financial capability to pay should not serve as a test
to determine the extent of the lawyers devotion to his clients cause.
Lawyers who devote their professional practice to representing litigants who could ill
afford legal services deserve commendation. However, it is not enough to say that all
pauper litigants should be assured of legal representation. They deserve quality
representation as well.

Naa mai mga client na maayu mubayad naa sai sige pangayo discount, the rule is for you to
observe same standard and diligence of conduct in doing legal work with his client regardless
of the paying capacity of the client.
Ah kani, dalion ni nakog himo kay paspas ni mubayad. Ah kani di lang ni nako trabahoon ug
maayo kay hinay ni mubayad. (This is a violation.)
It is not enough that the client has representation what is important is the client has an
effective representation.

A student asked a question di maklaro iyang question but this is sirs answer:

He should inform the client and ask for a collaborating counsel.
The client can engage with another lawyer.













January 31, 2017 Discussion
Canon 15 Duty to Candor, Fairness And
Good Faith To The Court
15.01 duty to ascertain Conflict of
interest
15.02 duty to preserve privileged
communication
15.03 duty not to represent conflicting
interests
15.04 duty to act as mediator,
conciliator or arbitrator
15.05 duty to give candid and honest
advice
15.06 duty not to claim influence
15.07 duty to impress compliance
with laws
15.08 duty in case of dual profession
*Canon 15 is the second canon which
refers to the duty of the lawyer to his client
This 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.
*Being personal, highly confidential and
fiduciary, you should avoid any situation of
conflict of interest and you should be frank
and candid to your client.
*Kung mangutana imung cliente kung
makadaog ba, if the evidence of the client
is not strong then you should inform the
client that there is a possibility that the case
will lose in the trial court but if he has other
documents that will possibly address the
issue then there might be a chance to win in
the RTC.
*So you should be candid with your
assessment of the case of your client
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
15.01 Duty to Ascertain Conflict Of
Interest
- Conflict search: it is examining the
causes of action between the prospective
client and the lawyer's current clients
-Purpose: to be able to determine in
the first instance, if he is barred from
accepting the representation through
conflict with his present clients of the
lawyer's own interest.
*Once you have a prospective client that
will come to you and ask you to handle a
case, the first thing a lawyer shall do is to
determine whether he can validly accept
the case of that client.
*So iya tan-awn kinsa ang i-kiha. If existing
client nimo ang i-kiha, dili pwede kay
conflict interest.
*So he should determine maybe through
having a database of his former and
existing clients
*Once there is no conflict, he can accept
the case of the prospective client.
Otherwise, if there is existence of a conflict
then it is the duty of the lawyer to inform the
client that he cannot accept the case.
3 Tests 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 is
his duty to another client requires him to
oppose or when possibly of such situation
will develop.
*Usually this happens if the lawyer is
representing two existing clients which have
adverse interests against each other
*Classic example: Siya'y lawyer sa plaintiff,
siya pud ang lawyer sa defendant. That's
really conflict. Because he will be arguing
for in behalf of the plaintiff and in the same
time he will be rebutting the arguments that
he raised for the plaintiff when he
represents the defendant. Conflict na.
2.Invitation of suspicion
-whether the acceptance of the new *SC emphasized that with respect to
relation will prevent lawyer from the full
discharge of this duty of undivided fidelity
and loyalty to his client or will invite
suspicion of unfaithfulness or double-
dealing in the performance thereof.
*This involves a lawyer representing an
existing/current client against another client
in another case.
*Iyang client si A and then naa siya'y lain
kaso, si A ang gi kiha si C. Pero kani si C,
naa siya'y kaso pud nga gi handle ni lawyer
but in a separate case, not involving A.
*That's a possibility of conflict of interest
because there might be some information
that will be disclosed a client in that case
that might be prejudicial and damaging to
the cause of the client in another case.
3.Use of prior knowledge obtained B.
-whether a lawyer will be called upon relation would prevent the full discharge of
in his new relation to use against the first
client any knowledge acquired in the
previous employment
*This usually involves a lawyer representing
against a former client.
*The lawyer may be called upon to use the
knowledge which he gained from the former
client in the present case.
Types of Conflict Interest Illustration: Existence 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 of a present client
who may have interest adverse to a prior or
former client
Note: what is material and essential in
determining whether there is a conflict of
interest in the representation is probability,
not certainty of conflict.
conflict of interest issues: what is essential
and material is only the PROBABILITY of
conflict. Not really the actual existence of
conflict.
*If there is a probability that conflict of
interest may arise then there is a violation of
this canon.
*In fact, in one case under this topic you
have there a discussion that good faith is
not a defense with respect to conflict of
interest cases.
Te s t f o r C o n c u r r e n t o r M u l t i p l e
Representation
A. Whether s 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
Whether the acceptance of a new
the lawyer's duty of undivided fidelity or
loyalty to the client; or invite suspicion of
unfaithfulness or double-dealing in the
performance of the lawyer's duty of
undivided fidelity and loyalty.
C.Whether, in the acceptance of a new
relation, the lawyer would be called upon to
use against client information acquired
through their connection.
1.A v B (A and B are present clients)
*Ikaw ang lawyer sa duha.
*It can only happen when there is express
consent of both parties that the lawyer for A
will be the same with B. They agree. Walay
problema nila.
*But as a rule, by way of restriction, this is
an example of conflict.
2. C v D; E v D (C is the rodent 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 was a former client and the cases are
related)
*Cases are related when... issue on parcel
of land. F in the case will now claim that he
is the owner of the property but in another
case G, a former client, claimed also to be
the owner of the property. So mu file si F
against G kay ni claim man siya nga siya
ang owner. So, they claimed to be both
owners of the same property. So, cases are
related with respect to the same subject
matter. So, there's conflict.
4.I v J; K v J (I is the present client and
J was a former client in a case that is
unrelated)
*One of the cases is the former client
involves a criminal case and the present
case, civil case. Totally unrelated but still
the SC said there is still the probability of
conflict of interest even if the cases are not
related.
Instances of A Conflicting Interests
- A corporate lawyer cannot join a labor
union of employees in that corporation
*He is siding in the union against the
interest of the company.
- A lawyer of an insurance corporation who
investigated an accident cannot represent
the complainant/ injured person
*When he left the insurace company, he
represented a claimant against the
insurance company. That's conflict.
Especially where in a case he was the one
who investigated the claim of the insured
when he was still connected with the
insurance company. Former client, current
client.
- As a receiver of a corporation, he cannot
represent the creditor
*The corporation is in debt. If he acts for the
creditors then there is a conflict of interest.
- As a representative of the Obligor, he
cannot represent the obligee
- As a lawyer representing a party in a
compromise agreement, he cannot,
subsequently, be a lawyer representing
another client who seeks to nullify
agreement
*Conflict of interest between himself and his
client.
*In conflict of interest cases, SC usually will
not disbar the lawyer. Suspension lang
unlike sa Canon 1.
15.02 Duty to Preserve Privileged
Communication
*Any information/data disclosed by the
client in the attorney-client relationship is
privileged communication. Meaning the
lawyer cannot disclose such information
revealed by the client to third persons. Di
siya pwede manabi.
*In fact, based on the CPR, the lawyer
cannot even discuss with his wife the case
of his client. A lawyer should avoid in
discreet conversation with a family member.
It's under Canon 21.06.
Two-fold purpose of the rule:
1. To encourage a client to make a full
disclosure of the facts of try case to his
counsel without fear and
*Kung naa'y client mu duol nimo, you
should ask your client what's the real story.
Imu pangutan-on, ipa disclose. Dili ang
sanitized version. Ang katu gyung tinuru-ay
nga nahitabo. Because you don't want any
surprises later on when there is already the
hearing. Lisud kaayo nga nag prepare naka
unya naa'y ipagawas nga ebidensya nga
wala jud ka kabalo unya tinu-uray diay tuh.
So mapildi ang kaso because of that - that
surprise.
*You should inform the client that he can
disclose everything that he knows about
this case because you cannot reveal it to
third persons because you are bound by
the attorney-client privileged
communication.
*If the client will know that he may be
confident to share everything to the lawyer.
Especially kaning mga family issues or
intra-corporate cases.
2.To allow the lawyer freedom to obtain client.
full information from his client
*So iya pangutan-on tanan and he has now
the duty of the lawyer to just shift through -
pili-un lang siya what's relevant kay usahay
pud ang isturya sa cliente ang uban dili na
relevant.
*You should be able to tailor fit the story of
the client in order to also align with the
defenses and the arguments that you will
state in your pleading in the court.
*Presumed to be confidential unless there is
that express intention on the part of the
client that the information imparted with the
lawyer may be shared to other persons.
*Note: If a client engages a firm, the client
engages all the lawyers in the firm. If he
would disclose any information to one of the
members of the firm - the rule is: the lawyer
can disclose the information to the other
lawyers in the firm. Exception: if there is an
express instruction from the client that that
information should only stopped to the
lawyer who is actively handling the case.
Otherwise, then there is now the violation of
the rule. Who can complain? The client.
Requisites of The Privileged
Communication
1. There exists an attorney-client
relationship or a kind of consultancy
relationship with a prospective client
2.The communication was made by the
client to the lawyer in the course of the
lawyer's professional employment
3. The communication must be
identified to be confidential
Parties entitled to invoke the privilege
A. The client, who is primarily intended to
be protected by the privilege.
B. The lawyer himself or the client's
employee may claim the privilege in the
absence of any waiver not the part of the
C. The attorney's secretary, stenographer,
or clerk who acquired confidential
information on such capacity, save only
when the client and the attorney jointly
consent thereto.
*They can disclose provided that the client
and the lawyer will consent to the
disclosure.
*Dili pwede nga ang client lang ang mu
agree ug wala ang lawyer with respect to
the staff of the lawyer - BOTH the lawyer
and the client should consent to the
disclosure if any disclosure should be made
by the employee of the lawyer.
Duration of the privilege
It continued to exist even after the
termination of the attorney- client
relationship. It outlasts the lawyer's
engagement. It ceases only when waived
by the client himself or after his death, by
his heir or legal representative.
*Strictly-personal
*The death of the lawyer will terminate the
attorney-client relationship
*But, the privilege communication rule will
continue despite the death of either party of
that relationship. Padayun gihapon nah. You
have exceptions provided under Canon 21
on when can a party or the lawyer disclose
privileged communication on the client.
Also it's here (exceptions to the
prohibitions) ...
Burden Of Proof
- The party who avers that the *Again if the crime perpetrated in the past,
communication is privileged p 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 matter
is privileged is not sufficient.
Exceptions to the prohibitions
1. When there is consent or waiver of seeking legal advice
client
2.When the law requires disclosure
3. When the disclosure is made to reference only to communication which are
protect the lawyers rights. i.e 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
*Ex.: "Atty katung sa kaso nga gi refer nako
nimo katung pag pangawat ug kwarta sa
company, ang nahitabo atu tinu-uray jud tu
sya." That information given by the client is
confidential since it refers to a past
incident.
*But if mu ingon ang client: "Atty ako tung
patyun si Atty B kay naglagot ko atu niya
kay wa niya tarunga akong kaso mao na ari
nako nimo" So that information given by the
client which is a contemplation of a
commission of a crime is not covered by the
privileged communication rule. The lawyer
in that situation can report or alert the
authorities.
*Or during the course of the proceedings
the client will say "Atty murag di man ta
kadaog sa kaso kay hinay atung ebidensya,
ako plano bayran si judge atty. Pila kaha na
siya atty?" Under the CPR, the duty of the
lawyer in that situation is to inform the client
that that is illegal and he should comply
with the law. What he should do is to advise
the client to stop from pursuing such illegal
or unlawful activity. If the client will persist,
the next thing he can do is to withdraw from
the case from representation from the
client.
lahi nana siya. Past transactions is covered
under the privileged communication rule.
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
The privilege is limited or has
within the ambit of lawful employment and
does not extend to those transmitted in
contemplation of future crimes or frauds.
*Communication must be intended to be
confidential.
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 purposes of which he seeks
the lawyers advice.
Rule 15.03 Duty Not to Represent
Conflicting Interests
*In connection with 15.01 is the duty to
ascertain the existence of conflict of interest
so once it has been ascertained that there
is the existence of conflict of interest then
under this rule is the duty of the lawyer NOT
TO represent

- 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.
(naay txt before ani pro di jod makita naa
babaw)
- 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.
- Unauthorized act of representing
conflicting interests is a criminal offense
penalized under Art. 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.
*Parties they quarrel on something and the
lawyer with mediate between them with the
consent of the parties
*Later on, if there is a case involving that
compromise agreed upon by the parties in
that mediation, then the lawyer cannot act
as a counsel to either of the parties.
Because there is conflict UNLESS there is a
written consent of the parties involved
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.
*Pangutan-on ka "daog ta atty?" Tell the
truth and give honest, legal advice.
*The lawyer should ask all the documents,
interview the client, and from there you
should give legal advice/opinion based on
the evidence provided by the client
Rule 15.06 Duty Not to Claim Influence
-This rule protects against 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
extract 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 has his
case or cases are assured of victory.
*Under this is the duty of the lawyer not
claim influence in a manner that he will
represent to the client that he could win the
case because he is connected to the judge
or he has some relationship with those who
are in position in the judiciary. Mao nay
gitawag "IP" or Influence Peddling practice.
That should be avoided in order to protect
the name and reputation of the lawyer and
the name of the judge.
Rule 15.07 Duty to Impress Compliance
With Law
- The lawyer must impress upon his
clients that everybody must respect the law
and observe the principle of fairness in their
dealings as aptly enunciated in article 19 of *Aside from CANON 1, BAR questions are
the civil code which provides that "every derived from CANON 15
person must in the exercise of his rights
and in the performance of his duties act
with Justice, give everyone his due and
observe honest and good faith."

*If the lawyer is mandated to support the

Constitution and obey the laws as well its
legal orders and processes, under the
Lawyer's Oath, the client should also do
that.
*If the client will pursue illegal activities
while the case is pending, then it is the duty
of the lawyer to remind the client to observe
the law and only to avail of remedies within
the parameters provided under the law and
the Rules of Court
*Article 19 - a comprehensive article - could
be the basis for the filing damages suit
against a party in violation of that provision

Rule 15.08 Duty in Case of Dual

Profession
Rationale: intended to avoid confusion, it is
for both benefit of client and lawyer
Exercise of dual profession is not prohibited
by the lawyer must make it clear when he is
acting as a lawyer and when he I s
otherwise especially in occupation in
relation to the practice of law.
- Reason: certain ethical
considerations may be operative in one
profession and not in the other.

*Dual profession example lawyer-CPA ka,

you should inform your client that you are
acting or giving advise as an accountant
because it is possible that the code of
ethics for lawyers, the provisions thereof
may not be applicable to the conduct with
the respect of the performance of another
profession
*Accountants may be allowed to advise
their profession while a lawyer cannot.
*You should be clear on your service
February 7, 2017 Discussion
CASES UNDER CANON 15
PNB vs Cedo, conflict of interest. Lawyer in
this case was formerly connected with the
bank and he facilitated a transaction
involving the sale of steel sheets (Ong Sy) in
one of the clients of the bank. While he is
connected with the bank, the lawyer also
handled the administrative investigation in
respect to one of the banks employees.
Later on, the lawyer resigned at the bank
and started his own private practice. And
during his private practice, he represented
Ong Sy. And in another instance, he also
represented Mr. Elifan. The bank filed a
complaint against the lawyer for conflicting
interest. He was involved in these
transactions while he was still under the
bank and also represented these persons in
his private practice.
The lawyer said that he was not a lawyer of
Ong Sy during the litigation, it was only on
resolution. And in respect to Mr. Elifan, he
did not represent him directly but the
lawyers of his firm. but in the investigation,
though he was not the lawyer of elifan, he
was there in the proceeding and was
dictating to the other lawyers as to what to
say. The court ruled that there is conflicting
interest. Suspended for 3 years.
Quiambao vs Bamba, conflict of interest.
The lawyer is the in house counsel of the
security agency AIP. While he was the
counsel, the lawyer also represented the
agency in these cases: personal case of the
director of AIP. Later on, this director was
removed from the agency, so he filed for an
action for retrieved issued to that former
director. Aside from that, there was also an
allegation because he assisted in the
creation of other security agencies in
competition with AIP. In his defense, he said
that when he filed the retrevien case, it was
with consent and she knows about that. As
for the creation of other agency, he said that
there was no conflict because he was acting
in different capacity.
It was ruled that there was conflicting
interest. Though these cases are unrelated
cases to each other and are unrelated, still
it is conflicting interest. Suspended for 1
year.
Lee vs Cimando, conflict of interest. Lawyer
helped Mejorado to obtain a loan from the
laywers client. In fact the lawyer acted as
the co-maker in that loan as representation
that Mejorado can pay the loan. When the
loan was due and demandable, Mejorado
failed to pay. So Lee asked the lawyer to
make a demand against Mejorado. But the
lawyer said that he will talk to him and pay
the loan to avoid court litigation but nothing
happened thereon. The client now asked the
lawyer to file a case against mejorado but
the lawyer did not. So the client engaged
another lawyer and the new counsel sent a
demand letter to the respondent lawyer. In
his defence, the lawyer said that the
complainant has been collecting exorbitant
interest from loans. The SC said that conflict
of interest, theres no need for an actual
conflict of interest, whats needed is only the
probability of conflict. So if there is
probability that conflict may arise because of
the lawyer, then there is a violation by the
lawyer against CPR.
Santos vs Beltran, The lawyer represented a
civil case vs the complainant. The lawyer
was the counsel of pro-corp (?) however,
there was also an ejectment case where
complainant was the attorney against the
pro-corp (?). so the first case, he was the
counsel of pro-corp (?) and the second case
he acted as counsel against pro-corp (?). so
there is conflict of interest. He was
suspended for 1 year.
Dading vs Davis, lawyer was retained as
counsel for the complainant but represented
the other party in that ejectment case.
Complainant was operator of a music
lounge and he retained the services of the
lawyer. The owner of the building terminated
the lease for failure to pay rent and another
person was to take over the lease. The
complainant raised the case in court and the
lawyer, despite being the lawyer of the
complainant, he represented the other party.
In his defense, he said that he was just part
of the firm and not the one who handled the
case. SC said that being the member of a
firm, the firm is being retained by the
complainant and all the lawyers therein.
Gonzales vs Cabucana, complainant filed a
crimininal case against the sheriff for failure
to execute the judgment award in a separate
civil case. That civil case was handled by
the lawyer, and so he filed the criminal case
against the sheriff for failure to execute the
judgment case. But the respondent lawyer in
this case appeared as counsel for the
sheriff. The lawyer was one of the partners
in the firm that handles the case of the
complainant. In his defence, he said that he
was handling the case of the sheriff for pro
bono. And when he was signing the
pleadings in behalf of the sheriff, he was
only using his name and not the entire firm
name. Court ruled that the complainant is
still the client of that firm and that the lawyer
is a member of that firm.
Orola vs Ramos. SC emphasized that the
Defence of good faith is not availing in
conflict of interest cases. This case of Heirs
of Trinidad and Antonio moved for the
removal of Emilio as administrator. The
lawyer was their counsel. Emilio was
removed, so there was another person
made as administrator. Emilio filed a motion
for reconsideration, asking the court to
reconsider its decision in removing him. In
that motion, the lawyer acted as counsel for
Emilio against the heirs of Antonio. He
raised that he was not a collaborating
counsel of the heirs of Antonio and was only
made as a lawyer because of the absence
of the original counsel. So he has no interest
there. And that he also did not know that
there were other heirs. So he claimed good
faith and he be excused from the liability. SC
said that good faith is not a ground for
availing the defence of conflict of interest. A
lawyer should not accept conflicting interest,
otherwise, clients will refrain divulging
informations to their lawyers.
Castro vs Garin, a lawyer sending a demand
letter against Ms. Koa involving a
dishonoured check. The lawyer in this case
drafted a demand letter against Ms. Koa.
However, in a later case, there was a
criminal charge against Ms. Koa for estafa
and BP 22, and the lawyer appeared as
counsel for Ms. Koa. So 1st didto sya sa
complainant, sunod adto nsad siya sa
respondent. Balhin campo. In his defense,
he said that they were really good friends.
The SC said that there is a atty-client
relationship when the respondent agreed to
draft demand letter for the complainant. The
moment the complainant consulted a lawyer
and the lawyer gave his advice, there is
already atty-client relationship.
TAKE NOTE :)
it doesnt matter if there is actual
conflict of interest, because what the
courts will look into is the probability
of conflict of interest.
if the cases are related or unrelated,
it doesnt matter.
Good faith is not a defence in cases
of conflict of interest. It will only
mitigate but will not absolve/excuse
respondent lawyer.
The Lawyer and the Client
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
Under Canon 16, a lawyer is prohibited from
acquiring properties of his client
Art. 1491(5) Civil Code. The following
persons cannot acquire by purchase,
even at a public auction, whether 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
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. T h e r e i s a n a t t o r n e y - c l i e n t
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 pendency of 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 the 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 may 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
has come into his possession
(otherwise a violation of Sec. 25, rule
138 of ROC). He should not
commingle it without his clients
consent. He should maintain a
reputation for honesty and fidelity to
private trust.
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. He should not deposit
the money to his own account.
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. 4(b) of the RPC.
Rule 16.03 Duty to deliver 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 rise to the presumption
that he has misappropriated the
funds for his own use to the prejudice
of the client and in violation of the
trust reposed in him.
Attys. Fees- pwede na siya nga the lawyer
will hold on the case records of the client
until he pays his attys fees. So pwede nga di
nya e uli hantud di ma bayran.
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 disbarments.
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 disbarments 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.
(Please see also Section 37, Rule
138 of the Rules of Court)
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 (ii) to assure the lawyers
independent professional judgment.
If a lawyer acquires a financial interest in the
outcome of the case, the free exercise of his
judgment 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.
CASES
Unity Fishing vs Macalino, complainant filed
a disbarment case against lawyer for failure
to deliver the amount to the other party. In
this case, it also started with FROBAL (?)
and later on they merged with unity fishing.
As lawyer of both corporations, it was
settled that they terminate the contract and
FROBAL (?) to return the guarantee deposit.
Lawyer volunteered to return the check to
the other party. Later on, unity fishing
engaged the service of another lawyer, and
to the surprise of unity fishing, they learned
that the Wheels (new corporation that unity
partnered with) did not receive any money
from that guarantee deposit. Unity asked
macalino where the guaranty deposit is, but
he did not respond. So there was a
complaint for disbarment. It was established
that macalino was the one who received the
check and instead of giving it to Wheels, he
deposited it to his own account. The deposit
was proved by the person from the bank.
Blanco vs Lumasag, lawyer was asked by
the owners of property to sell the 2 parcels
of land. He was able to sell the 2 but only
remitted the amount for 1 parcel of land.
There was a complaint filed against him. He
said that only 1 parcel was sold because the
other one, he wasnt able to get the money
because there were still informal settlers in
the land. Later on, he added that when he
received the money of the 2nd parcel of land,
he asked the permission of the husband to
use the money as investment for business
but the business failed so he wasnt able to
return the money. SC said he violated the
CPR

Concepcion vs De La Rosa, nangutang nga

abogado sa iyang cliente sensing that the
client has plenty of money because of the
pawnshop business 2.5 M. So they agreed
because the lawyer was the retained
counsel of the spouses, so gipa-utang nila.
But the lawyer failed to pay the loan and
claimed that he was not the borrower, lain
tao ang nangutang. Naa pay
acknowledgment sa utang kunohay. SC
ruled that he was the payee of the check
and was the one who in cashed the check.
He used his position to the disadvantage of
his client.
February 8, 2017 Discussion
CANON 17 Duty of Fidelity to the Cause
of the Client
Lawyers duty of fidelity commences from
receipt of the retainer until his.. (sam di gyud
maklaro ang blue na picture, sa recording
nalang -.-)
We will now discuss canon 17 which is on
the duty of fidelity to the cause of the client.
This duty will start upon the commencement
of the attorney-client relationship. Once the
client engages the lawyer to handle the case
then the client expects the lawyer to be loyal
to the cause of the client. It means that the
lawyer shall not do any act that will result
conflict of interest.
The lawyer should observe conduct which
will advance the interest of the client and not
prejudice the interest of the client. In this
instance, once he accepts the case of the
client there is an undertaking on the part of
the part of lawyer that he will finish the case
and that he will avail all the remedies under
the law.
This is more in relation to the duty not to
represent conflicting interest. The lawyer
must see to it that all his actions for the
advancement of his client and not to
prejudice. When he accepts the case of the
client, he will exercise the necessary
diligence in order to successfully litigate the
case of the client. Now if you will represent
conflicting interest then he will violate canon
15 and 17 because he is not loyal to the
cause of the client. So if he will sell the case
of the client and negligent then he is not
loyal to the cause of the client and violate
canon 18 for negligence. No rules under
canon 17. These are the cases.
Rosacia v bulalacao
A lawyer was a housecounsel for a
corporation and then later on that
relationship was terminated. Employess
from that corporation filed a labor case
against the corporation and the former in
house counsel represented the employees,
because of the representation the
corporation filed a case for disbarment
against the lawyer.
In the disbarment proceeding the lawyer did
not dispute that he represented conflicting
interest but he pleaded to lower the penalty
since there was a recommendation that he
be suspended for three months but he said
he should either be fined or be admonished
for the following reasons for the following
reasons. First, he just passed the bar.
Second, he is the breadwinner of the family.
Third, he recognized the mistake and is fully
repentant of his error and promised that he
will not commit it in the future.
The supreme court discussed that despite
the termination of the attorney client
relationship the lawyer still owes fidelity to
the client. It is not a good practice for a
lawyer to represent against his former client
even if the case is unrelated.
In this case take note that the employees
filed a labor case against the corporation
and these employees are represented by
the lawyer who was the former in house
counsel of the corporation. So there was
conflict of interest. The test that will apply is
the third one, use of prior knowledge
obtained. So for this the respondent was
suspended for three months.
The supreme court also said that
circumstance that he just passed the bar
was taken against him since the rules in cpr
should have been fresh in his memory.
Lorenzana v Daria
This involves of a lawyer charged of
negligence and betrayal of his former
clients confidences.
So for the charge of negligence this involves
a labor case. While the lawyer was still
connected with the company, there was a
labor complaint filed against the company by
one of its employees a c ertain hanopol. So
she filed a case.
the lawyer represented the company in that
labor proceeding. So in the first mandatory
conference, it talks about amicably settling
the case but it was reset to another day. But
the lawyer failed to appear in the second
conference alleging that there is a conflict in
his schedule. But he claimed that he
instructed his secretary to call the arbiter
and he assumed that the arbiter was duly
informed. But unfortunately based on the
investigation the secretary was not able to
call the arbiter. So there was a conference
that the lawyer was absent and because of
the absence of the lawyer, the arbiter
ordered the submission of the position
paper.
The lawyer did not know that there was this
order from the arbiter. Only the complainant
was able to submit the postion paper and
because of that the labor arbiter rendered a
decision against the company.
Because of that adverse decision, the
lawyer appealed to the NLRC. Asking the
commisiiion to remand the case and be
allowed to subkit the postion paper. The
NLRC agreed and remanded the case to the
arbiter and in the meantime he resigned frm
the company. There is another rlawyer who
took over the case but unfortunately the
company was not able to file the postion
paper. So the arbiter revived its earlier
decision. So that was the charge of
negligence.
On the charge of betrayal of his former
clients confidences, the lawyer while he
was still connected with the company was
involved in an administrative investigation
condicted against one of the employees of
the company. So he was part of that
committee who inveatgited the employee
who committed some infractions. When he
resigned, he then represented that
employee in a criminal case filed by the
c o m p a n y. S o h e r e p r e s e n t e d t h e
employeein his counter- affidavit.
In his defense, he said that he was not the
one who prepared the counter- affidavit and
that it was his laywer-friend who made the
counter-affidavot and placed his name.
When he realized, he asked san juan his
clinet tgo bring the counter-affidavit to his
lwayer-frined and earsae his anme and
signature. But according to the respomndent
lawyer, san juan did not heed to his
instructions.
In resolving the issues the supreme court
found the respondent guilty of the charges.
On negligence the supreme court said that
had he been diligent in the repersentaiton of
the client he should have appeared in the
second mandatory conference. Ang ila
tawag2 lang which is not the proper thing to
do under the rules of court. If you want to
postpone a proceeding you mist file the
necessary motion.
On the second charge he was also found
guilty because ti clear that he represented
against his former client. Fpr that he was
suspended for 6 months. The laywer should
be loyal to his client even if there no more
attorney-client relationship.
CANON 18- Duty to serve with
competence and due diligence
Competence means the knowledge and skill
of the lawyer, knowledge through continuous
study and skill through practice.
Diligence is on the effort on the part of the
lawyer that he exerts in preparing the case
of his client.
Once the lawyer accepts the case of the
client there is the undertajing that he will see
to it hw ould diligently and ccompetetnly
represent the client inc outr, there is the
presumprion that he has the necessary skill
and adequate knowledge to represent the
client. The authority and the license that he
got from the supreme when he passed the
bar is an evidence ot that.
Rule 18.01 - Duty not to undertake legal
services if not qualified; collaborating
counsel
Rule 18.02 - Duty to adequate prepare for
cases
Rule 18. 03 - Duty not to neglect legal
matters
Rule 18.04 - Duty to inform client of status of
the case
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.
If you are not familiar with the certain field in
law, for example you are handling a civil
case for your client and there is an issue on
taxation and you are not familiar with that
then the proper thing to do is inform your
client and if the client agrees take on a
collaborating counsel. This rule also it
pertains aldso to being nort qualified if you
are a public lawyer and completely
prohibited from engaging in the privste
practice of law then you are not qualified to
take on a case for the client.
 Exception: If his client consents, the
lawyer can 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 client.
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.
If the lawyer taken on a collaborating
counsel, he must have the consent of the
client. Because the client might not like that
collaborating counsel.
The same diligence required of the first
counsel is required of the collaborating
counsel.
Rule 18.02 - Duty to adequate prepare
for cases
Lawyer should safeguard his client's
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.
We discussed under canon 12 the duty to
the court and duty to adequately prepare for
trials m meaing you should prepare good
quality pleading for the client and prepared
to argue the case of the client.
A lawyer should prepare his pleadings
with great care and circumspection. He
should refrain from usig abrasive and
offensive language, for it merely
weakens rather than strengthens the
force of legal reasoning and detracts
from its persuasiveness.
Do not use abrasive and offensive language
because the lawyer may be subjected to
contempt proceedings.
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.
This is in your civil law, the different kinds of
diligence. What is required here is only
diligence of the good father of a family and
not the 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
clients cause makes him unworthy of
 the trust reposed on him by the latter.
(Legarda V CA, 209 SCRA 722 (1992))
Instances of Negligence of Attorneys
1.Failure to ask for additional time to answer
which resulted in a default judgment
agaisnt 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 of for resetting.
4.Failure to take action to have the adverse
decision reconsidered.
5.Failure to nullify the court of change of
address 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.
These instances will violate this canon and
also canon 16.
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 kown 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 or appeal with the adverse
decision.
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 timein
order to be informed of the status of the
case.
The lawyer should update from time to time
the client of the development of the case to
build rapport with the client. Dili ng mu
contact ra ka if mangayo sa attorneys fees.
Atimanun na nimo imo ang client. Inform
your client if there is an adverse decision.
So kung makadaug ka sa kaso imo i-inform
ang client and pakapinan nimo sa statement
of account kay liapy amn man so mubayad.
Pero if pildi i-inform sad nimo, so that the
client can decide whether to contest the
decision or accept, whether to appeal or be
satisfied with the judgement. It is the client
who will decide. The lawyer can only
recommend and suggest but it is the client
who will decide.
The client should also from time to time
communicate with the lawyer.
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.
This means that in representaiotn of his
client, the lawyr must only avail of the
remedies provided under the riules of court
and should not resort to illegal means to win
the xase,
The advocy for the client is to be performed
within and nor 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.
As a laywer dili ka managyo ug extra budget
or fees para imo i bribe ang judge.
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.
Rule 19.01 Duty to employ only fair and
honest means
In civil cases - It is the lawyers duty to
counsel or maintain such actions or
proceedings only as appear to him to be
just, and such defenses only as he
believes to be honestly debatable under
the law (Section 20 (c), Rule 138, RRC)
So if the lawyer on examination of the case
of his client determines that there is no
evidence or no valid ground to support the
case then it is the duty of the lawyer to
inform the client or be candsid with client
that you ahve no case for lack of merit. If
you feel that the client is filing a baseless
suit you can decline presentation because if
you wil continue represrnting that client in
that civil case you are violating the rules of
coiurt. Remember the signature of a lwyer in
the pleading signifies three things; he has
read the pleading, it has good cause to
support the pleading, not interposed for
delay.
In criminal cases- the lawyer should
defend the accused by all fair and
reasonable means that the law permits
regardless of hi personal opinion as to
the guilt of the accused.
The lawyer if he represents the accused
must see to it that his client is afforded with
due process not withstanding to his opinion
of the guit or innocence of his client.
Only Honorable, Fair and Honest Means
shall be employed on 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 his client.
4.A lawyer shall not do any falsehood nor
consent to the doing or any in court, nor
shall he misleaad or allow the court to be
misled by any artifice.
5.A lawyer shall not knowingly misquote the
contents of a paper , the text of a decision
or authority nor shall he knowingly cite a
law a provision already rendered
inoperative bcause of repeal or amendment
, nor shall assert as fact something which
has not yet been established.
6.A lawyer shall not bribe or attempt to bribe
a judge to win the case.
Rule 19.02- Duty to rectify clients fraud
A lawyer should do his best efforts to
restrain and to prevent his client from
perpetrating acts which he himself ought not
to do, particularly with reference to their
conduct toward courts, judicial officers and
witnesses. If the client persists in such
wrongdoings, the lawyer should terminate
their relation.
This rule requires the ;lawyer to terminate
his relationship with the client in the event
the latter falls or refuses to rectify the fraud.
If in the course of the trial, the client insists
on illegal means, the duty of the lawyer is to
tell the client that what he is perpetrating to
do or is doing is not correct or illegal. Under
canon 15, rule 15.07, it is the duty of the
lawyer to impress to his clients compliance
of the law. If the client insists on this
unlawful activity, then the recourse of the
lawyer is to withdraw.
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.
With respect to the remedies to avail, under
rules of court, as to the strategies then its
the lawyers opinion who will prevail.
Precisely as to why the client engages in the
services of the lawyer for the lawyer to think
of the legal strategy.
Authority of an attorney in the conduct of
litigation
1.A lawyer has authority to bind the client in
all matters of ordinary judicial procedure.
The lawyer, and not the client, is assumed
to have knowledge of the law and the rules
of procedure.
2.On the subject matter of the case, it is the
client who will have the final decision.
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, an the
settlement made by the lawyer will bind
the client.
Mistakes or Negligence of Lawyer
Binding Upon Client
General Rule : Client is bound by attorneys
conduct negligence and mistake in handling
a case or in and he cannot be heard to
complain that result might have been
different had his lawyer proceeded
differently.
As the lawyer in fact, whatever action the
lawyer will do will bind the client. It is oint eh
presumption that the lawyer with the
authority of the client is acting for the
interest of the client. That what he is doing is
with the knowledge and consent of the
client.
Exceptions:
1.) Where adherence thereto results in
outright deprivation of clients liberty or
property or where interest of justice so
requires.
2.) I g n o r a n c e , I n c o m p e t e m c e o r
inexperience of lawyer is so great and error
so serious that client, who has good cause
is prejudiced and denied a day in court.
3.) Gross negligence lawyer.
For example minghatag ug kwarta ang client
sa lawyer for the filing of an appeal but the
lawyer misrepresented to the client that he
already filed an appeal so naghimo2 siya ug
receipt then the court of appeals dismissed
the appeal for failure to comply with period
to file the brief. In that instance the client
can raise the argument that the lawyer
negligence should not bind the client. In the
instance there was a deliberate intent on the
part of the lawyer.
CANON 20- Duty to charge only fair and
reasonable fees
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 constitues the legal basis of the
lawyers right to demand payment for his
services. No formal contract is necessary to
effectuate employment.
Requisites for the right to attorneys fee
1.Existence of attorney-client relationship
2.Rendition by the lawyer of service to the
client.
Thats the basis for the attorneys fees.
Reason for Adequate Compensation
In the midterms we discussed about how the
legal profession is different from a business.
But a lawyer still has to earn his money. Lain
sad ug gutom ka mag defend sa imo client
or singot ka inig adto sa court kay nagsakay
ka ug jeep.
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 service gratuitously.
It is necessary in order to enable the
lawyer to server 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.
A written agreement is 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 services of the counsel, and
the latter thinks high of his services, and no
one is expressing what is in his mind.
Advantages 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 receiver from the client full
compensation stipulated in the contract.
The law seeks to protect lawyers from
unsrupulous and ungrateful clients who
dismiss lawyers to avoid payment of
attorneys fees.
So ang attorneys fees naa sa terms and
condition sa written contract. While a written
contract is not necessary in the creation of
the attorney-client relationship it is the best
evidence to prove what you have agreed
upon with the client. This is for the
protection of both the lawyer and the client.
Two concepts of attorneys fees:
1.Ordinary - the reasonable compensation
paid to the lawyer for the legal service he
had rendered in favor of his client. The
basis of this compensation is the fact of
employment by the client.
This is what the lawyer is being
compensated for. So kung si client iyang i
engage si lawyer acceptance fee, attorneys
fee mao na.
2.Extraordinary - an indemnity for damages
ordered by the court to be paid by the
losing party to the prevailing party litigation.
The basis of this is any of the cases
authorized by law. (Article 2208, Civil Code)
and is payable not to the lawyer but to the
client unless tehre is an agreement that the
award shall pertain to the lawyer as an
additional compensation or as part therof.
This is awarded by the court to the client
and not the lawyer except if there is an
agreement between the client and the
lawyer that the attorneys fees awarded by
the court will be given to the lawyer.
Attorneys fees as damages

General Rule : Attorneys fees as damages
is not recoverable because it is not the fact
of winning that ipso facto justifies the award
but the attendance of any of the special
circumsatnces.
Exceptions: Article 2208 of the NCC.
Kinds of Retainer Agreement
1.General Retainer - It is the fee paid to a
lawyer to secure his future services as
general counsel for any ordinary legal
problem that may arise in the ordinaryb
usiness of the client and reffered to him for
legal action. The client pays fixed retainer
fees, which could be monthly or otherwise.
The fees are paid wheter or not there are
cases referred to the lawyer.
The client can ask any issue not in a
pending case. day to day issue
2.Special Retainer - fee for a specific case
pr service rendered by the lawyer for the
client.
Engagement is with respect to a specific
case, pending in the court or a tribunal.
Kinds of paymeont that may be
stipulated upon
1.Fixed or absolute fee - payable regardless
of the result of the case mura siya ug
package
2.Contigent fee - that which is conditioned
on the securing of a favorable judgement
and recovery of money or property and the
amount of which may be on a percentage
basis. Maka claim ra ka kung favourable
judgement
3.Fixed fee payable per appearance
4.Fixed fee computed by the number of
hours spent
5.Fixed fee based on piece of work
6.A combination of the above arrangements
or an entirely different agreement not
contrary to law, public morals or public
policy.
There is no hard and fast rule as to the
arrangement of the payment of attorneys
fees. If the attorneys fees are
unconscionable or unreasonable that it can
be a subject of a review in the court.
Rule 20.01- Guide in determining
attorneys fees
a.TIme spent and extent of services
rendered or required. So if you have to
spend so much time in studying the case
records
b.Novelty and difficulty of questions
involved. For example ang issue sa imo
client involves public international law so
you need to search for foreign
jurisprudence. Or conflict of laws. Pwede
nimo ingnon na because of the complexity
of the case the acceptance fee is this.
c.Importance of subject matter
d.Skill demanded of the lawyer
e.Probability of losing other employment
f.Customary charges for similar services and
benefits resulting to the client from the
sevice.
g.Amount involved in the controversy and
benefits resulting to the client from the
service.
h.Contigency or certainty of compensation
i.Character of the employment, whether
occasonal or established.
j.Professional standing of the lawyer.
None of the factors is controlling but are
guides only.
The mere fact that an agreement had been
reached between attorney and client fixing
the amount of the attorneys fees does not
insulate such agreement from review and
modification by the Court where the fees
clearly appear to be excessive or
unreasonable.
Situations when counsel cannot recover
full amount despite a written contract for
attorneys fees
1.Services are performed. For example wala
kay gibuhat then ayaw ug expect to be
paid.
2.Justified dismissal of the attorney. Ang
lawyer ming pabor sa pikas so the client
can dismiss the lawyer without paying
anything.
3.S t i p u l a t e d a t t o r n e y s f e e s a r e
unconscionable. Usurious ra kayo ang
amount.
4.Stipulated attorneys fees are in excess of
what is expressly fixed by law. In labor it is
10% attorneys fees if you agreed 50% then
that is in excess to what is provided by law.
5.When the lawyer is guilty of bad faith or
fraud toward his client in the matter of is
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 lawyer deserves
or such amount as his services merit.
- It is fixed by the court.
This will apply if there is no contract as to 1. It is one where the 1. It is one where the
the attorneys fees. Then the court will fix as lawyer is paid for his lawyer stipulates with
services depending on his client in the
to the extent of the work rendered by the the sucess of the case. prosecution of the case
lawyer. This will also apply if the amount is ` that he will bear all the
unreasonable. expenses for the
recovery of things or
Some instances of recovery of attorneys property being claimed
by the client, and the
fees on the basis of quantum meruit. latter agrees to pay the
former a portion of the
thing or property
recovered as
1. No express contract for payment of compensation. It is void
attorneys fees. for being against public
policy.
2. Amout stipulated is unconscionable.

3.Lawyer without fault, was unable to 2 . L a w y e r s d o n o t 2. Lawyers undertake to

undertake to pay all pay all expenses of
conclude litigation.
epenses pf litigations litigation.
4.Lawyer, for justifiable cause was not able 3. It is a valid contract 3. It is a void contract
to finish the case

5.Lawyer and client disregard the contract

for fees. Rule 20.02 - Division of fees in proportion
to the work performed and responsibilty
6. assumed

If there are two or more lawyers handling

the case of the client then if there is an
Contigent Contract Champertous Contract agreement sa pilay madawat ni lawyer A ,
pilay madawat ni lawyer B then that will
apply. If wala then they will receive fees
equivalent to their work rendered.

- 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 uppon 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 any
one 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 the rebate or commission from
another with the clients case may interfere
with the full discharge of his duty to his
client.
Exception: A lawyer may receive
compensation from a person other than his
client when the latter has full knowledge and
approved thereof. ( Sec. 20 (e) Rule138,
RCC) if the client consents. So ayaw ug
dawat if gikan sa other person especially if
nay interest ang other party.
Rule 20.04 - Duty to avoid compensation
controversies with client
General Rule : A lawyer should avoid the
filling of any case against a client for the
enforcement of attorneys fees. (Filling of
cases against clients is unwise because in
the process, the lawyer loses the clients
aside from suffering a broken reputation of
being monet -oriented)
Exception:
(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 lwayer had been rendered; or
2.In a separate civil action - apetition for
attorneys fees may be filed before the
judgement in favor of the client is satisfied
or the proceeds thereof delivered to the
client.
As much as possible do not file a case on
collection on attorenys fees kay aside na
you will lose your client mubati imo
reputation.
February 15, 2017 Discussion
Spouses Adecer vs Akut
The complainants in this case are the
accused in the criminal proceeding. Wherein
the respondent lawyer in this administrative
proceedings is their lawyer. In that criminal
case, the complainants were fund guilty. The
complainants received the adverse decision
of the MTCC, gamay ra siyag penalty. So
they received that decision and the lawyer
received the copy of the decision. From that,
the complainants have period to file an
appeal. But the period lapsed without the
complainants being able to do so. So they
were arrested and imprisoned. While in
prison, they filed a disbarment case against
the lawyer. The lawyer in his defense said
that the complainants only approached him
after the lapsed of the period to file an
appeal. And he alleged that the
complainants were on the belief that they
had to pay the civil liability before they could
file the petition. So the complainants were
still raising money for the filing of appeal.
But the complainants said that the lawyer
failed to do so because the lawyer was out
of town. And the lawyer alleged that there
was a prepared --- but the complainants
failed to appear on that date to sign the
petition.
In the investigation, it ruled that the lawyer
did receive a copy of the decision yet he did
not do anything. 2nd, he could always
communicate the client through phone for
the client to be informed as to the remedies
available under the law.
SC said there was neglect on the part of the
lawyer. Because the lawyer said that the
client should be the one informing him as to
the status of the case. So its the reverse.
Complainants were even arrested 3 times
because of the failing to appeal, and thats
because of the neglect of the lawyer.
Adarne vs Aldaba
Lawyer was charged with neglect and
misconduct for failure to appear during a
hearing, which resulted to the defendant
being held in default. So the complainant in
this case is the respondent in another
proceeding. The complainant in this case
engaged in several lawyers. In one hearing,
the lawyers engaged by the complainants
were all absent and it so happens that the
respondent-lawyer was there. So the
complainant here asked the lawyer to
appear on his behalf. So the lawyer did so
by way of special appearance. Later on,
there was another hearing, and the lawyers
of the complainant were absent again. So
the respondent lawyer again appeared by
way of special appearance. In the next
hearing, the complainant was held in
default. So the complainant raised the issue
for the disbarment of the respondent-lawyer.
The lawyer said that my appearance is only
by way of special appearance, for that
setting only. SC believed the lawyer.
Because the complainant here had 3-4
lawyers, so naay lawyer ng prepare sa iyang
pgstart sa proceeding, later on, naa nasad
lain lawyer, up to the special appearance.
So daghan lawyers appearing on record for
the complainant. SC dismissed petition for
failing to prove the charges against the
lawyer.
Reyes vs Vitan
Respondent lawyer in this case is engaged
t o fi l e a c o m p l a i n a n t a g a i n s t t h e
complainants sister in law and the niece. So
the lawyer received money from the
complainant but it appears that the lawyer
d i d n o t fi l e a n y t h i n g a g a i n s t t h e
complainants sister and the niece. So
because of that, complainant filed a
complaint for disbarment. And in that, the
complainant presented as evidence the draft
complaint and demand letters. Int hat
proceedings, the respondent lawyer did not
appear, iyang secretary ra. He did not file
his answer or comment for the disbarment.
For that he was found guilty of Canon 18, for
neglect of handing the case of the client and
guilty of violating orders from the
commission. And guilty for violating the
lawyers oath. Lawyer was suspended for 6
months.
Santiago vs Fojas
Lawyer failed to file answer of the complaint
in the civil case in RTC. His clients were
declared in default for that case of damages,
mounting to 30k+. because of that, his
clients filed a complaint for disbarment
against the lawyer. His replied that he failed
to file an answer because of his over
zealousness in advocating for the cause of
the client. And instead of filing a motion to
answer, he filed a motion to dismiss on the
ground of lack of jurisdiction. He elevted the
case to court of appeals, yet was denied. He
alleged that he was not able to raise the
issue to the SC because his clients --- his
services. But later on, he also added
another reason, beucase he was busy of
other legal matters of other cases of other
clients. But the complainants in this case
raised that being over zealousness and
being busy are 2 different reasons which are
incompatible. So asa man jod tinuod ani. SC
reprimanded and admonished him.
Nebreja vs Reonal
Lawyer was engaged by the complainant for
the annulment of marriage. So the
complainant gave money to the lawyer for
the filing of the petition but he did not file the
petition. According to the complainant, the
lawyer said that the lawyer is preparing the
petition in court and na dismiss kunohay ang
kaso. So mangayo sya another money for
the payment of filing and bayad sa
psychologist kay iya man tong ipa insanity
ang iyang cliente. When the client asked for
copies of pleadings, ana ang lawyer nga its
found in the cabinet of their law office and
the key of the cabinet is with the other
partner and the partner is out of town.
In the proceedings, the lawyer denied that
the complainant is his client. So from
accepting money without filing the petition,
to using pretentious address, the lawyer was
suspended for 1 year.
Bsta timan-e lang jod nga kng naay atty-
client relationship,specially when youre
asked to do something for the client, or
given money to file something, you should
do that. Ang sukli imo sad na e uli. Under
canon 16 na, duty to account money.
CANON 19 Duty to serve only within the
bounds of the law
Gonzales vs Sabacajan
Complainants were owners of properties
and the titles of the properties were under
the possession of the lawyer. And when they
went to the secretary of deeds, they were
informed that their titles were with the
secretary of the lawyer and the secretary
said that its with the lawyer. So they asked
for the return of the titles but the lawyer
refused to return it without any reason.
In the investigation, he said that hes holding
on to the titles because these properties are
to my client, Mr. Uy. So utangan ni sila.
These properties are subject to partition.
Because of the failure of the lawyer to give
the titles, the SC ruled that the lawyer has
no valid and legal justification for holding on
to the titles. The titles were not subject to
any mortgage and there was no court of
order that justifies the lawyer to hold on to
the titles. SC suspended him until he returns
the titles or until he can show proof that
there is a court order not to surrender the
titles to the complainants.
Pena vs Aparicio
The lawyer writing a letter to the
complainant of this case. The letter is the
subject of the administrative proceedings.
Complainant is the president of a certain
company, which was sued for illegal
dismissal case for an employee that was
represented by the respondent lawyer. In
that labor proceedings, the employee
demanded payments but the company
through its president denied it alleging there
was valid dismissal.
The lawyer in this case wrote a letter to the
company, saying that you should pay this
otherwise we will file against you and ask
more from the company. So iyang gi threat.
And based on that letter, the president of the
company filed a disbarment case against
the lawyer. SC ruled that the lawyer
blackmailed the company which is unethical.
CANON 20
Leviste vs CA
Lawyer engaged by this client for
contingency (?) cases. But in the
proceeding, there was a probate trial by the
court and despite the denial of the probate
of the will, he elevated it to CA. saying that
he is not a party and is merely a lawyer. So
he raised it to the SC. Lawyer contented that
despite the dismissal by the probate of the
will, he is a creditor for his attys fees. It was
ruled that he can only claim attys fees if it
was ruled in favor of his client. So there was
no basis for his petition for his attys fees.
Dismiss.
Licudan vs CA
Petitioners of this case are the heirs of the
original client of the subject lawyers. The
lawyers are counsel for the brother in law
and the sister. In this partition proceedings,
the clients agreed as to the attys fees of a
97.5, nya ang property is 271. So ang sabot
sa lawyer ug ang iyang sister, ang 97.5 na
properties sa lawyer nya ang remaining
portion, naay usurfuctory rights ang iyang
anak for 10 years. So mao ni ang sabot nila
and it is approved by the court in the lower
court proceedings. Later on, when they
died, the heirs complained that the claims of
their uncle is unreasonable and subra na.
walay ma ilaha.
So they asked the court to set aside that
agreement and determine the reasonable
compensation for the lawyer. SC said,
though its stipulated in the contract and way
intimidation or duress, attys fees should
always subject to the review of the courts.
Especially with the stipulated amount is
unreasonable.

Bautista vs Gonzales

Properties subject to litigation and the

lawyer assigned titles of the properties to his
name. there was another transaction also
that the lawyer did not disclose to the
complainant that the properties have already
been sold for ---. And there are also
falsification of documents. SC said that
there is a prohibition for lawyers to acquire
properties subject to litigation. SC
suspended the lawyer for 6 months.

Sesbreno vs CA

This started off by a labor case in which they

won. They sued the province of cebu. And
instead reinstatement, they filed for
separation pay and backwages. They
agreed to pay the amount of 60% on back
salaries to the employees. The court
lowered it to 50% but this is already from all.
Katong 60% backwages ra to, but the court
said that 50% mao nana ang on all th
money claims. Wa na kuntinto si atty, ni
saka siya sa CA. gi lower sa CA to 20%.
Bsag notarized pana inyong kasabotan, it
wont matter. The court can always review
and modify that if its found unreasonable.
February 16, 2017 Discussion
(So, it is his duty to preserve such information
and not to disclose to third persons except on
those instances wherein he is authorized under
the rules like when there is consent by the client
after full disclosure of the facts. You also have
there the duty on the part of the lawyer to see to
it that his staff in the office will not also disclose
information given by the client. And usually, the
complainant in this kind of case is usually the
client whose interest is protected by this
attorney-client privilege communication. So, the
client, the complainant, has the burden of proof
to show that there was this violation of the
attorney client privilege communication and for it
to be appreciated, the complainant must be able
to prove the elements. Number 1 is that there
must be an existence of the attorney-client
relationship or some form of consultancy
relationship. And then you have there the
information was given to the attorney-client
relationship and the third requisites is that the
information was intended t be confidential. So
these are the elements that must be present in
order for the attorney-client privilege rule to
apply.)
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 courts of
employment
Rule 21.03 Duty not to give
information to outside agency
Rule 21.04 & 21.05 Duty to protect
from disclosure
Rule 21.06 Duty to avoid indiscreet
conversation
Rule 21.07 Duty not to reveal that he
was consulted
The protection given to the client is
perpetual and does not cease with the
termination of the ***affected by the party
ceasing to employ the attorney and employ
another or any other change of *** between
them. It even survives the death of the client.
Rationale behind the prohibition *** (di jud
maklaro kay blue ang background and
hanap) (So you have there the reason for the
prohibition, in order to protect the lawyer from
unfounded suspicion of malpractice and also to
prevent dishonest practitioners from fraudulent
conduct. And then under this canon you also
have there the terms which were defined by the
SC
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 *** of which
would be ***
Confidential communication information
transmitted through voluntary act of
disclosure between attorney and client in
confidence and by means of which, so far as
the client is ***
(Again, an element of the attorney-client
privilege is that an information given to a lawyer
is intended to be confidential. So if the
information is given by the client to the lawyer
was intended to be communicated by the lawyer
during the mediation of the case, then such
information is not covered by that rule because
he can disclose that to third persons. Likewise,
an information given by the client which are to
be stated and alleged in the pleading. So, that is
not confidential because that is to be submitted
to the court subject to the appreciation of the
court and also the copy furnish of the other
party. So it is not covered by the attorney-client
privilege.)
Requisites for the attorney-client privilege:
1. There exists an attorney-client
relationship or a kind of consultancy
relationship with a prospective client.
That is, legal advice is what is sought.
This includes persons appointed as
counsel de officio.
2. The communication was made by the
client to the lawyer in the course of
the lawyer s professional
employment, and
3. The communication must be intended
to be confidential.
Rule 21.01 Duty not to reveal the
confidence or secrets. Exceptions.
Genral Rule: a lawyer shall not reveal the
confidences and secrets of his client.
Exceptions:
1. when authorized by the 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, or by judicial action. In
case client files complaint against his
lawyer or unreasonably refuses to pay
his fees, 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.
(Which we discussed before during our
discussion under canon 15 on privilege
communication)
Rule 21.02 Duty not to use information
received in the course of employment
General Rule: a lawyer who acquired
information from a client in the course of his
legal employment, is prohibited from 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.
(again, the lawyer is not at liberty to use or
disclose information on his benefit or to the
benefit of third persons or disadvantage of the
client. Exception is just like rule 21.01 where
there is consent.)
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 thought,
and the records of his client, contained in his
files are privileged matters.
Exception: if the client gives his written
consent.
(The lawyer can decline to give information
based on this duty. In one case, there is that
government agency requiring the opening of the
five cabinets of the lawyer with respect to the
files of the client. The lawyer declined because
of the attorney-client privilege and the case was
decided in his favor. So we cannot disclose
without the consent of the client.)
Rule 21.04 & 21.05 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 the 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.
(This is with respect to firms on the duty to see
to it that the members of the firm also observe
the attorney-client privilege rule. So, lawyers
and staff are to observe the rule in order to
protect the interest of the client.)
Rule 21.06 Duty to avoid indiscreet
conversation
A lawyer may 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 lawyers family has the proper
orientation and training for keeping clients
confidences and secrets.
(Aside from avoiding conversations which may
lead to disclosure of information, it is also the
duty of the lawyer to avoid indiscreet
conversation including at home which may lead
also to the disclosure of the information
including husband or wife or uyab.
But please take note that it is only the duty to
avoid. If it cannot be avoided (like imong
asawa kulit kayo), make it sure that you will not
be caught because then again, it is your duty to
protect the interest of your client)
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 ruler
against representing conflicting interests.
See: Canon 14, Rule 14.03 and Canon 15,
Rule 15.01
(Again, the attorney-client privilege will also
apply not only when the lawyer is engaged with
the client but also with respect to a prospective
client who asked for consultation form the
lawyer. Applies even if the lawyer is not later on
engaged by the person. so that lawyer is not at
liberty to disclose matters discussed during the
consultation. Exception is when there is conflict
of interest. You tell him that you cannot entertain
him because of the same subject case.)
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; (if it is the firm, then it will be
the next lawyer of the firm who will fill in
the shoes of the deceased partner or
associate)
3. Death of the client; (because lawyer-
client relationship is strictly personal but
with respect to privileged
communication, it will survive the
attorney-client relationship. Dili pasabot
nga namatay imong client, you are free
to disclose the information given by your
client. It survives the 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; (if he
is still qualified to practice private law,
meaning with restrictions, then he may
still do so. Example is a city councilor
who is a government official but he has
private practice and you have there the
conditions, outside sessions and you
have there in case of civil and criminal
cases. So if your lawyer is a city
councilor, appointed or elected, the
attorney-client relationship is not
terminated but only restricted)
6. Full termination of the case;
7. Disbarment or suspension of the
lawyer form the practice of law; (if the
lawyer will continue, that is already
unauthorized practice of law and a
violation of Canon 9)
8. I n t e r v e n i n g i n c a p a c i t y o r
incompetency of the client during the
pendency of the case, for then the
client loses his capacity to contract,
or to control the subject matter of the
action;
9. Declaration of the presumptive death
of the lawyer, and
10. C o n v i c t i o n f o r a c r i m e a n d
imprisonment of the lawyer for quite
some time.
While the right of the client to terminate the
relation is absolute, the right of an attorney
to withdraw or terminate the relation other
than for a sufficient cause, is considerably
restricted.
Among the fundamental rules of ethics is the
principle that an attorney who undertakes to
conduct an action impliedly stipulates to
carry it to its termination. He is not at liberty
to abandon without reasonable cause.
Right of client to terminate relation with
counsel absolute, but not vice versa.
(Meaning, the client may or may not have a valid
reason to terminate. The reason may be based
on whims and caprices only. Di nako nimo
attorney kay puol na kay kag nawng. Mangita
kog gwapo. It can be done. But with respect to
the lawyer, it cannot be done and cannot easily
withdraw his representation. He must first
secure the consent of the client especially if
there is a pending case and file the necessary
things in court like notice of withdrawal as
counsel containing the consent of the client.
If he cannot get the consent of the client, then
he must file a motion in court for the court to
grant the withdrawal and in that motion, he will
cite the reasons like different strategies in
handling the case or those as provided in Rule
22.01)
Rule 22.01 Good causes for withdrawal of
services
a. Client pursuing an illegal or immoral
course of conduct. (Just like what we
discussed in Canon 19, the duty of the
lawyer to rectify clients fraud. So if the
client will not rectify, then the next thing
that the lawyer can do is to withdraw
from the case.)
b. Clients insistence that lawyer
pursues acts violative of the canon
and rules.
c. Inability of lawyer to work with co-
counsel. (mostly the clashing of legal
strategies and differences in legal
opinion)
d. Mental and physical inability of
counsel to handle case effectively.
e. Clients deliberate failure to pay
attorneys fees agreed upon. (must be
malicious)
f. Election or appointment of lawyer to
public office. (absolute prohibition
because there are some that are only
restricted)
g. 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 considerations.
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.
(the same must be submitted to the court)
In case of death of original attorney,
additional requirement of verified proof of
death necessary. (death certificate)
(So you have there the valid reasons for the
lawyer to withdraw representation for the client.)
Rule 22.02 - Duties of lawyers who withdraw;
retaining lien
1. Immediately turn-over all papers and
property to which the client is
entitled; and
2. To cooperate with his successor in
the orderly transfer of the case.
(Once the lawyer will withdraw from the case, it
is his duty to see to it that there is a smooth
transition. So he will account the money and
property of the client and once this is complied,
he will turn-over the same to the client or to the
new lawyer of the client. You will also inform the
new lawyer of the last status of the case as a
professional courtesy so that the next lawyer will
be prepared and will have an idea of the
progress of the case.
With respect to the turn-over of records, under
this canon also, the lawyer can retain the
records of the client until he is paid his
attorneys fees. It is possible that he was
terminated by his client but his client still has
pending unpaid fees. So he can hold on to the
documents where you can only turn-over the
documents to the new lawyer once the pending
fees are already paid, and he can validly do that
under the CPR and under the Rules of Court on
the concept of retaining lien.)
Lawyers withdrawal or discharge shall be
without prejudice to his attorneys lien
Purpose of Rule 22.02 (lawyer entitled to
retaining lien) and Rule 16.03(or 15.03? di
maklaro) (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 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
h i s c l i e n t a n d a d v e r s e p a r t y.
(Contemplates of a case involving sum
of money wherein the lawyer will make
known that he is charging or he is
demanding for the payment of his
attorneys fees. Contemplates a pending
case handled by the lawyer for the client)
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; (freely
given by the client and not kinawat nya gi
hostage ang documents)
3. Unsatisfied claim for attorneys fees
or disbursements.
Requisites for validity of changing 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
 Retaining Changing Lien 5. Notice Client need Client and
Lien not be adverse party
notified to must be notified
1. Nature Passive lien. Active Lien. It make it to make it
It cannot be can be enforced effective. effective.
actively by execution. It is
enforced. It a Special Lien. (so 6 . May be Generally, it is
is a General you have to do Applicabil exercised exercisable only
lien. (so something) ity before when the
once you judgment or attorney had
received the execution or already secured a
documents, regardless favorable
you can thereof. judgment for his
exercise the client. (but you
retaining can make known
lien) your claim before
the judgement in
2. Basis Lawful Securing of a that pending case)
possession favorable money
of papers, judgment for the
documents, client. (case
property involving
belonging to judgment of
client. money because if E. Suspension, Disbarment and Discipline of
the case does not Lawyers
involve a
judgment for
money, you cannot Nature and Characteristics of Disciplinary
enforce your Actions against Lawyers:
charging lien)
3 . Covers only Covers all Note: right to practice law being just a
Coverage papers, judgments for the privilege is burdened with conditions.
documents payment of
and money and Practice of law is not a natural or
property in executions issued constitutional right but is in the nature of a
the lawful in pursuance of privilege or franchise.
possession such judgments.
of the (judgment
attorney by involving money) Membership in the Bar being merely a
reason of his privilege, the same may be suspended or
professional removed from the lawyer for reasons
employment
. provided in the Rules of Court, law, and
jurisprudence.
4 . As soon as As soon as the
Effectivit the attorney claim for
y gets attorneys fees
possession had been entered
of the into the records
papers, of the case.
documents (notifies the client
or property. and the other
party)
February 21, 2017 Discussion
Legal Ethics Feb 21
Nature and Characteristics of Disciplinary
Actions against Lawyers
Note: Right to practice law being just a
privilege is burdened with conditions.
Practice of law is not a natural or
constitutional right but it is in the nature of a
privilege or franchise.
Membership in the bar being merely a
privilege, the same may be suspended or
removed from the lawyer for reasons
provided in the Rules of Court, law and
jurisprudence.
Suspension, Disbarment, and Discipline of
Lawyers
Based on jurisprudence the practice of law
is not a constitutional right neither a
statutory right but it is a privilege which can
be withdrawn by the SC if the
person(lawyer) is no longer fit to practice the
profession. If he does not possess all the
requirements for it to continue the practice
of law then he can be suspended or worst
he could be disbarred by the SC. He could
no longer practice.
Purpose of disciplining lawyers
To ascertain that a lawyer still possesses
those qualifications which are conditions
precedent for the continuous practice of law
and; to deter others from similar misconduct,
to protect the court and the public from the
misbehaviour of its officers.
The continuing requirements for the lawyer
to practice law.
- good moral character -MCLE
-payment of the IBP dues -payment of the
PTR
So if the lawyer no longer possess the good
moral character then that lawyer can be
suspended or disbarred by the SC.
The nature of the power to discipline
The power to discipline a lawyer is
JUDICIAL in nature and can be exercised
only by the courts. It cannot be defeated by
the legislative or executive departments.
The authority of the Supreme Court to
discipline lawyers is rooted in its
constitutional prerogative to regulate
practice of law and the admission of persons
to engage therein.
The authority of the SC to discipline is by
virtue of the provision on the Constitution,
under Article 8, which specifically mandates
and admits power to the SC to regulate the
admission to the practice of law. A part of
that regulation is to discipline those who are
admitted to the bar and to suspend or disbar
these persons if they no longer possess the
requirements.
Powers of the Supreme Court with regard to
the discipline of errant lawyers
The supreme court has the full authority
and power to:
o Warn
o Admonish
o Reprimand
o Suspend
o Disbar an lawyer (Rule 138, Sec. 27,
ROC) o Interim suspensions (meaning the
lawyer is suspended while the investigation
is pending)
o Probation (IBP Guidelines) wherein the
lawyer while may be found guilty of
infractions may be allowed to continue
practice law subject to certain conditions.
Powers of the Court of Appeals and the
Regional Trial court with regard to the
discipline of errant lawyers
They are also empowered to:
o Warn
o Admonish o Reprimand
o Suspend a lawyer from practice for any of
the cases named in Sec. 27, Rule 138 of the
ROC until further action of the Supreme
Court in the case. (Sec. 16, Rule 139- B of
ROC)
o Note: they cannot disbar a lawyer
Lower courts can also warn, admonish or
suspend but they cannot disbar. It is only the
SC who can disbar a lawyer. So if the lower
courts have to suspend a lawyer, the order
of suspension will have to be reviewed by
the SC based on the provisions of the Rules
of Court.
Forms of disciplinary measures
Warning - An act of putting one on his guard
against an impending danger, evil,
consequence or penalty
Admonition - A gentle or friendly reproof,
mild rebuke, warning, reminder, or
counselling on a fault, error or oversight, an
expression of authoritative advice
Reprimand - A public and formal censure or
severe reproof, administered to a person at
fault by his superior officer or the body to
which he belongs
Censure - Official reprimand
Suspension - Temporary withholding of a
lawyers right to practice his profession as a
lawyer for a certain period or for an
indefinite period of time.
a. Definite - where there is a period,
specified by the SC wherein the lawyer has
to serve the suspension (e.g 1 month, 6
months, 1 year). It is up to the gravity of the
offense and the attendant facts of the case.
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.
Until he has shown that he is fit to practice
the profession, so ang indefinite suspension
mura rasad ni ug disbarment kay wa ka
kibaw ug kanus a mahuman but you could
always ask for the reinstatement or the
lifting of the indefinite suspension. If you feel
and if you have proof that you have
reformed.
Disbarment - Act of the supreme court in
withdrawing from an attorney the right to
practice law. The name of the lawyer is
stricken out from the roll of attorneys.
This is the supreme penalty that can be
given by the SC against a lawyer who is
subject of disciplinary action.
Interim Suspension - The temporary
suspension of a lawyer from the practice of
law pending imposition of final discipline.
Probation - A sanction that allows a lawyer
to practice law under specified conditions
Main Objectives of Disbarment and
suspension
1. To compel the attorney to deal fairly and
honestly with his clients;
If the lawyer commits acts which are
violative to Canons 15-22 then he could be
subject to disciplinary action by the court.
With that possibility that he may be subject
to a suspension or disbarment proceeding
the lawyer may be constrained and
compelled to deal fairly and honestly with
their clients. In fact it is the duty under
Canon 15 to be honest, candid and fair to
the clients. Also, under CANON 18, the duty
to be involved the cause of the client and
not to neglect legal matters entrusted by the
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 member 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.
As a rule, the lawyer cannot be subject to
disbarment proceeding with respect to
transactions in his private capacity.
Except, if the acts or omissions committed
by the lawyer in his private business may in
those transactions not in any were related to
the practice of law. If these acts will show
that he no longer possess the requirements
of (e.g good moral character) then he can
be subject to disciplinary action by the court.
As shown in the cases under Canon 1,
wherein the lawyer will issue bouncing
checks in private transactions ( lawyer and
at the same a businessman) then ang rule
kay di siya ma discipline BUT based on
jurisprudence that the issuance of bouncing
checks as well as the conviction of the
offense in violation of BP 22 these are
considered crimes involving moral turpitude.
So under canon 1, lawyers can be
suspended or disbarred by the SC for
violation of BP 22 even if the issuance of the
check is not connected to the practice of
law.
Just like the case where the lawyer who
rented an apartment, according to
complainant sneak out without paying the
rent. But the allegation that she doesn't
know the address of the owner of the
property. So that is not in any way related to
the practice of law but still the lawyer was
disciplined by the SC.
Characteristics of Disbarment proceedings
1. Sui generis- neither a civil 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 a
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 grievance.
- not a civil case because it will not afford
relief to the parties, except claims or in
restitution of any money that was given by
the client to the lawyer.
- the complainant in the disbarment
proceeding will act merely as a witness that
can be utilized by the SC in establishing the
real evidence against the respondent lawyer
with respect to the charges.
Not a criminal prosecution because it is not
means as a punishment depriving him of
source of livelihood but rather to ensure that
those who exercise the function should be
competent, honourable 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 motu proprio by the
supreme court or by the IBP. It can be
initiated without a complainant.
As long as the SC has knowledge in the
infraction, misconduct or omission
committed by the lawyer then the SC can on
its own initiate the disbarment or
proceeding.
Exemplified in the case where the lawyer
made an advertisement claiming the he is
an "annulment marriage specialist". A staff
of the SC called the number and it was
determined that the lawyer offers these
services. So the SC initiated the disbarment
proceeding without a private complainant in
that regard.
4. It can proceed regardless of interest or
lack of interest of the complainants, if the
facts proven so warrant.
- Affidavits of desistance executed by the
complainant in the disbarment proceeding or
withdrawal of the complaints made will not
affect the disbarment proceeding. The SC or
IBP can still proceed with the investigation
despite the compromise of the parties.
-Because one of the objectives of a
disbarment proceeding is for the SC to
determine if the person it authorizes to
practice law has still the requisites and still
fit to practice the profession. Again the
practice of law is a privilege which can be
withdrawn anytime by the SC.
5. It is imprescriptible.
- The lawyer cannot raise a defense of
prescription. Even if the misconduct was
committed 50 years ago still the SC can
proceed with the disbarment if there are
evidences to support the charges.
6. It is conducted confidentially.
- So while the investigation is pending, it is
not made public UNLESS there's already a
decision rendered by the court.
-while the investigation is on going, it is
considered to be confidential because this is
for the protection of the parties and to
ensure that there's a smooth conduct of the
investigation without the intervention of side
parties or media.
7. It is in itself due process of law.
-because the respondent lawyer will be
given the opportunity to be heard when he
will be required to file his answer to the
complaint. If necessary he will be required to
be present in the hearing and to file position
paper so he will be able to put up his
defenses.
-However, if he will not participate despite
receipt of the notice given by the IBP or the
court then that his choice and it will be to his
prejudice.
- So it is not automatic that whenever there's
a complaint for suspension or disbarment
then he will be declared suspended or
disbarred right away. Due process must be
complied.
8. Whatever has been decided in a
disbarment case cannot be a source of right
that may be enforced in another action.
- So in a disbarment case the SC will say
that the lawyer is entitled to attorney's fees
but not taking of the amount that still
stipulated in the contract because it's
unreasonable. But on the attorney's fees
that will be determined by the parties in the
civil case, the lawyer may still have to file
the collection case against the client and
we'll have to establish the attorney's fees
that is due on him. It is not automatic and he
cannot rely on the pronouncement in the
disbarment proceeding. But again the
purpose of which is not to afford relief to the
parties, the purpose is to determine if the
person admitted to the bar is still fit to
continue in the practice of the law.
9. In pari delicto rule is not applicable.
- A principle in civil law wherein a party must
come to court in clean hands and the court
will not take action when both parties are
guilty.
-The in pari delicto will not apply as
exemplified in the case involving a lawyer
who once was a NBI agent who went into an
extra marital affair with the co worker in the
NBI office and he alleged that the woman is
also guilty because she knew that he was
already married. The SC said that in pari
delicto principle will not apply in disbarment
proceedings.
10. No prejudicial question in disbarment
proceedings.
- In the case of Guevarra V Eala, the SC
mentioned that despite the pendency of the
civil case (because in that proceeding the
respondent lawyer alleged that he already
filed an annulment of the marriage so he
contended that the disbarment proceeding
should be suspended) the disbarment
proceeding can proceed on its own because
there is no prejudicial question.
11. Penalty in a disbarment case cannot be
in the alternative.
_ pasabot ana kay di ka pwede mo ingon na
suspended for 6 months or disbarred. The
penalty should be definite either suspended
or disbarred.
12. Monetary claims cannot be granted
except restitution and return of money and
properties of the client in the course of the
lawyer- client relationship.
-If the lawyer contracts a loan with the client,
in the resolution of the disbarment
proceeding the SC will not order the
restitution of the amount being known by the
lawyer to the client. The client has to file a
separate civil case for the collection of
money.
Exception is for example the client gives
money to the lawyer for the filing fees and
the lawyer has not filed the required
pleading. So the SC can include in the
decision the return of the amount which is
for the filing of the pleading because that
was given with respect to handling of a legal
matter for the client.
-Monetary claims which are outside the
handling of a legal matter by the lawyer who
is not to be afforded to the complainant in
the disbarment proceeding.
Effect of desistance, withdrawal of complaint
or non- appearance of complainant in
disbarment proceeding
The desistance or the withdrawal of the
complainant of the charges against a judge/
lawyer does not deprive the court of the
authority to proceed to determine the matter.
Nor does it necessarily result in the
dismissal of the complaint except when, as
a consequence of the withdrawal or
desistance no evidence is adduced to prove
the charges.
General rule: No investigation shall be
interrupted or terminated by reason of the
desistance, settlement, compromise,
restitution, withdrawal of the charges, or
failure of the complainant to prosecute the
same; (It will not affect the disbarment
proceeding)
Exception: Unless the Supreme Court motu
proprio or upon recommendation of the IBP
Board of Governors, determines that there is
no compelling reason to continue with the
disbarment or suspension proceedings
against the respondent. (specially if there is
no more evidence to support the
charges( e.g the testimony of the
complainant is vital to the establishment of
the charges against the respondent)
Three-fold purpose of the confidentiality of
the proceedings
1. To enable the court to make its
investigation free from any extraneous
influence or inference.
2. To protect the personal and professional
reputation of attorneys from baseless
charges of disgruntled , vindictive and
irresponsible persons or clients by
prohibiting the publication of such charges
pending their final resolution; and
3. To deter the press from publishing the
charges or proceedings based thereon for
even a verbatim reproduction of the
complaint against an attorney or newspaper
may be actionable.
Note: the confidentiality of the proceedings
is a privilege which may be waived by the
lawyer or 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.
Exception: If there's a waiver on the part of
the lawyer or the parties involved thereto.
Effects of a lawyers death during the
pendency of 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.
(If it involves a novel issue or for the
education of the bench and the bar then it
can still proceed with the investigation. Also,
it can still proceed may be to clear the name
of the respondent lawyer.) It's up to the
supreme court.
No prejudicial question to disbarment
proceedings
Reasons:
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 the he did not commit the acts
charged in the information;
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: Briliantes, 76
SCRA 1; Yu v Atty. Palana, 14 jUly 2008.)
Prejudicial question will not apply in
disbarment proceedings. There is no
provision in the constitution nor in the rules
of court or any law which authorizes the
deferment of the disbarment proceeding
when there is a pending civil or criminal
case that's why the disbarment can proceed
(sui generis)
Then the burden of proof also is different.
Proof beyond reasonable doubt in a criminal
cases but here it is only the substantial
evidence. Also, there is a policy that it is not
good to wait for the outcome of the criminal
and civil case before one can proceed with
the disbarment. Kay if mao ng styla then
ang buhaton sa abogado kung kihaon siyag
disbarment, ikiha siyag dali dali ug civil or
criminal para dili ma padayun ang
disbarment. Mas dali mahuman ang
disbarment kaysa civil ug criminal.
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
6. Wilful disobedience of any lawful order of
a superior court
7. Corrupt or wilful appearance as an
attorney for a party to a cause without
authority to do so
Are the ground for disbarment exclusive?
No. A lawyer may be removed from the
office or suspended from the practice of law
on grounds other than those specifically
p r o v i d e d i n t h e l a w. T h e s t a t u t o r y
enumerations is not to be taken as a
limitation on the general power of SC to
suspend or disbar a lawyer. (in re: puno, AC
no. 389, Feb. 28, 1967)
The grounds are not exclusive. The SC can
take into consideration other grounds for
suspension or disbarment.
Note: the court has disbarred or
suspended lawyers for reasons not found in
the statue as when their acts are contrary to
honesty or good moral or do not
approximate the highest degree of morality
and integrity expected of the members of
the bar. (sta. Maria v tuazon, ac no. 396, july
31, 1964)
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 (art. 1491, new civil
code)
-This a void transaction and the lawyer
could be subject to disciplinary action by the
court.
2. Betrayal of trust, revelation of secrets (art.
209, revised penal code)
-Aside from the criminal case the lawyer
could also be subject to disbarment
proceedings
3. Conflict of interest (art. 209, revised penal
code)
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 investigators from the lower court or a
his disbarment or suspension if the basis of practitioner.
such action includes any of the acts
provided for in Section 27, rule 138 of the Where and how instituted?
Revised Rules of Court . (in re: Suspension
Proceedings for the disbarment,
from the practice of law in the territory of
suspension, or discipline of attorneys may
guam of atty. Leon c. Maquera, 435 SCRA
be taken:
417 )
o By the supreme court motu proprio
If you are suspended there, it is possible
o Or by the IBP upon verified complaint of
also that you can be suspended here. The
any person. The complaint shall state clearly
condition is if the ground for suspension of
and concisely the facts complained of and
the lawyer in foreign jurisdiction also is
shall be supported by the affidavits of
covered under the provision of the rules of
persons having personal knowledge of the
court on the ground for suspension or
facts therein alleged and/or by such
disbarment by the lawyer here in the
documents as may substantiate said facts.
Philippines. But it is not automatic, there
(sec. 1, Rule 139-B, rules of Court)
must still be the observance of due process
of law. -The burden of proof rest with complainant.
He should prove that the lawyer committed
Procedure for the suspension, disbarment
the misconduct otherwise failure on the part
and discipline of lawyers
of the complainant to prove the charges will
O f fi c e r s a u t h o r i z e d t o i n v e s t i g a t e result to the dismissal of the complaint for
disbarment cases disbarment against the lawyer.

1. Supreme court Where to file?

2. IBP through its Commission on Bar
A complaint for disbarment may be filed
discipline or authorized investigators
directly in the Supreme Court, the IBP
3. Office of the solicitor general
National Office or in any of the IBP Chapter
These are the persons authorized to Offices in the Country.
investigate but its is only the SC who can
Note: the SC ordinarily refers to the
disbar and has the final say.
disbarment cases to the IBP for
- So OSG and IBP (only recommendatory) investigation, report and recommendation.
they can only recommend the suspension or However, referral of disbarment cases(filed
disbarment of the lawyer. with or initiated by the Supreme Court) to
the IBP is not mandatory.
-But usually the SC will delegate the
investigation to the IBP or some
 When an IBP chapter receives a complaint,
the same will be referred to the IBP National
Office for Appropriate action.
With respect to the process you may check
the following provisions of the Rules of
Court
Procedural steps for disbarment
proceedings in the IBP- Rule 139-B
- It will start in the investigator or the
commissioner on bar discipline. To make an
investigation require the respondent lawyer
to file an answer and then a hearing and
from there a recommendation will be given
subject to review by the Board of Governors.
It will then be affirm or modify the findings of
the investigator and the said findings of the
board of governors will be forwarded to
the SC for its approval. Ig abot sa SC they
will review it and they can either adopt or
modify the findings or totally make a new
ruling.
Procedural steps for disbarment
proceedings in the Supreme Court- Rule
139-B
Rules of Procedure of the Commission on
Bar Discipline of the IBP- BM No. 1755,
June 17, 2008
Supreme Court: Rules on the imposition of
penalties (Resolution of the SC En Banc
March 16, 1993)
Type of Punishment
Division (1 year or less)
En Banc (exceeds 1 year or involves
disbarmment)
Suspension
1 year or less
Exceeds 1 year
Fine
Php 10,000.00 or less
More than Php 10,000.00
Both Suspension and fine
If suspension exceeds 1 year or fine
exceeds Php 10,000
Disbarment
Disbarment
Modifying Circumstances: The extent of
Disciplinary actions depend on the
attendance of mitigating or aggravating
circumstances
Mitigating circumstances (lowers the
penalty)
Aggravating circumstances( increases the
penalty)
Mitigating circumstances
Absence of a prior disciplinary
Absence of dishonest or selfish Personal
or emotional problems
motive
Timely good fait effort to make restitution or
to rectify consequences of misconduct
Inexperience in the practice of law
(but remember the case of Bulalacao, the
lawyer alleged that he is just new in the
practice of law and the bredawinner of the
family. He pleaded that the penalty should
be lowered to admonition. The SC said that
since you are new to the practice of law then
the provisions is still fresh in your mind. The
circumstance was taken against him and is
considered as aggravating instead of being
a mitigating circumstance.)
Remorse
Age (the case of Echavez Blanco V
Lumasag, kato namaligya siya ug yuta and
wa niya giuli ang ikaduhang halin sa yuta.
The SC said that the penalty is harsh
considering the advance age of the lawyer
kay 70 years old man siya ato.
Take note: Some can also be considered as
aggravating circumstances.
Aggravating Circumstances
Prior disciplinary offenses
Dishonest or selfish motives
A pattern of misconduct
Multiple offenses
Submission of false evidence, false
statements, or other deceptive practices
during the disciplinary process
Refusal to acknowledge wrongful nature of
conduct
Vulnerability of the victim
Indifference to making restitution
Effect of executive pardon
It contemplates nga naay disbarment
proceeding and naa pud siya'y criminal case
against the lawyer.
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 parodn is absolute or
conditional.
Conditional Pardon (Disbarment case will
not be dismissed on the basis thereof)
Absolute Pardon (Disbarment case will be
dismissed)
Wipes out conviction as well as offense itself
and the grant thereof in favour of a lawyer is
a bar to a proceeding for disbarment against
him based solely on commission of such
offense.
After the absolute pardon, is as guiltless and
innocent as if he never committed the
offense at all.
If absolute pardon is given to lawyer after
being disbarred for conviction of a crime, it
does not automatically entitle him to
reinstatement tot he bar. It must be shown
by evidence aside from the absolute pardon
that he is now a person of good moral
character and fit and proper person to
practice law.
In case of conditional pardon, there will be
remission of unexpired period of sentence.
So if ever na disbar na siya then ang effect
ana is to make conditional pardon, then it
could only commute the disbarment to
suspension or suspended siya for 15 years
then maybe mo gamay nalang siguro.
February 22, 2017 Discussion
Legal Ethics Feb 23
*Sir recaps about the discussion last regarding
suspension and disbarment.
1. Power to suspend belongs to the
courts particularly the Supreme Court
which can disbar a lawyer. Other courts
(lower courts: CA, RTC) they can
suspend but they cannot disbar. And
even if they suspend the lawyer, the
order of suspension will still be
forwarded to the SC to agree/conform/
review.
2. Grounds for suspension/disbarment:
[as provided under the Rules of Court
(ROC)]
Grounds of deceit
Misconduct
Malpractice
Grossly immoral conduct and
among others
3. M i t i g a t i n g a n d A g g r a v a t i n g
Circumstances that are considered by
the courts in fixing the penalties
4. Filipino lawyer who is also a lawyer in
foreign jurisdiction when disciplined
then he is likewise disciplined here in
the PH provided that the ground for
suspension/disbarment in the foreign
jurisdiction contemplates/covers the
same grounds as contemplated under
the ROC. This is NOT AUTOMATIC. So if
he is suspended abroad, there is still
due process meaning, he has still to be
served the copy of the complaint and
then he must answer but hearing is not
n e c e s s a r y. S o t h e r e m u s t b e
observance of due process.
5. C h a r a c t e r i s t i c s o f d i s b a r m e n t
proceeding:
SUI GENERIS once the lawyer
i s s u s p e n d e d / d i s b a r re d , i t
doesnt mean that he can no
longer be practice the
profession. He could still if he
wants to be reinstated. He can
file a petition to the SC.
REINSTATEMENT
What is reinstatement?
It is the readmission to membership
in the Bar and the restoration to a
disbarred lawyer of the privilege to
practice law. (readmission to the
practice of law by the SC upon after
proper petition by the subject lawyer)
Who has the power to reinstate?
The Supreme Court has the exclusive
authority to reinstate the privilege to
practice law to a disbarred lawyer.
(just like the power to disbar, the power
to reinstate belongs to the SC)
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)
*If the SC can extend the privilege to the person
and if the SC can withdraw the privilege if he
has not qualified(?), the SC can reinstate and
give back that privilege to the disbarred lawyer.
Once reinstated, the lawyer will again be
allowed to practice law.
Criteria for Reinstatement
1. Appreciation of the significance of
his dereliction (he acknowledge that he
has committed the misconduct and also
acknowledge that such misconduct is
violative of the CPR and then he would
undertake not to commit mistake/
misconduct in the future)
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 (In that petition for
reinstatement, he will submit proof like
testimonials from members of the Bar,
certifications from civic organizations,
religious communities that he has
reformed. So these are documents that
he will attach to the petition and which
will be considered by the court on
whether it will reinstate the subject
lawyer)
3. Time elapsed between disbarment
and application for reinstatement (If
for example youre disbarred this year,
dili kay next year mu apply na dayun ka
for reinstatement. So most probably it
would take time. In the case of Dacanay,
its fortunate for him that it only took
around 4 years to be reinstated. So na
disbar sya after 4 years na reinstate
rapud sya by the SC. As to when, the
length of time to lapse as to the filing of
the petition for reinstatement, there is no
fixed period. Depende ra sa court. Kung
ikaw na disbar na abogado this year,
pwede ra next year mgstart naka ug
apply for reinstatement sa SC hangtod
masugtan ka/hangtod i-allow imong
petition. But again it will take time)
4. Good conduct and honorable
dealing subsequent to his
disbarment
5. A c t i v e i n v o l v e m e n t i n c i v i c ,
educational and religious
organizations (during disbarment and
in most cases, the lawyer who wants to
be reinstated would join civic & religious
organizations which they will later use in
the application for reinstatement like naa
syay foundation nga gitabangan, niapil
sya ug religious activities: mao na
kasagaran buhaton sa mga na disbar in
their application for reinstatement)
6. Favorable endorsement of IBP as
well as local government officials and
citizens of his community; and
(endorsement from IBP, public
officials, religious communities, ang
uban from bishops, priests, so si
kinsa lang ang duolon to show that
he has the requisite proof that he
should be admitted to the Bar)
7. Pleas of his loved ones (aside nga
ang lawyer mismo ang mu write sa
SC, the wife/children also will write to
the SC. Magmakiluoy and then SC
will also take that into consideration
whether or not to readmit the subject
lawyer)
Conditions may be imposed on the
applicant for reinstatement
The Supreme Court, in addition to the
re q u i re d re h a b i l i t a t i o n o f t h e
applicant for reinstatement, may
require special conditions to be
fulfilled by the applicant.
*If petition is granted then subject lawyer
will be readmitted and then the SC, aside
from readmitting the lawyer, will also impose
additional conditions. This is discretionary
with the courts. So pwede nga ibutang
didto you are readmitted but you are
ordered to continue with your foundation
kay basin ang thinking sa SC gahimo ka
foundation pero ig reinstate nimo hunungon
na for purposes ra diay to for you to be
readmitted. There are additional conditions
which the SC can impose upon the
readmission of the subject lawyer.
Effects of Reinstatement
1. Recognition of moral rehabilitation
and mental illness 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 on his readmission
Is the lifting of the suspension order
automatic upon the end of the period of
suspension?
N o . T h e l i f t i n g o f a l a w y e r s
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.
*With respect to suspension, kay in
disbarment you have readmission. So kung
ma disbar ka (simbako palayo) naa kay
remedy available, you can petition for
readmission. Kung ma suspend ka, say for
example suspended for 6 months then you
have to serve the suspension for 6 months.
But after serving your suspension for 6
months, it doesnt mean that you can
automatically practice law. you have to
comply with certain conditions for the lifting
of the suspension. So for 6 months pero in
reality possible musobra ug 6 mos kay naa
paman ka i-comply like mu report paka and
then the SC will order the lifting of the
suspension although you have served the
6-month suspension/penalty imposed by
the court.
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
practice of law, the Court shall render
a decision imposing the penalty.
(Finding of guilt by the suspended
lawyer so he is suspended then he
will serve the suspension and upon
the expiry of the suspension, the
respondent shall file a swor n
statement with the SC through the
Office of the Bar Confidant stating
that he has served the suspension.
So pananglit karun ang last day sa
suspension and then di sya ka file
nya mu-hearing sya dretso so dili pa
na pwede. He has still to comply with
the sworn statement. He will furnish
the SC and copy fur nish the
executive judge of the place where
respondent has pending cases as
well as the IBP Chapter. This sworn
statement is the proof that he has
complied with the order of
suspension because if he has not
complied to that sworn statement
then he may be subject to another
 disciplinary action by the court. So
basin ma extend pa iyang
suspension if di sya mu comply sa
guidelines with respect to the lifting
of suspension)
2. Unless the Court explicitly states that
the decision is immediately
executory upon receipt thereof,
respondent 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/or 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.
6. Any finding or report contrary to the
statements made bythe lawyer under
oath shall be a ground for the
imposition of a more severe
punishment, or disbarment, as may
be warranted.
(Maniago v. De Dios, A.C. No. 7472,
30 March 2010)
SUSPENSION, DISBARMENT
AND DISCIPLINE OF
LAWYERS
*With respect to disbarment, SC said that if
the commission or misconduct of
evidence(?) by the lawyer will merit only
with suspension, then SC will go only with
the suspension and not with the
disbarment.
The power to disbar must be
exercised with great caution
(because it will not only affect the
subject lawyer but it may also affect
those who depend on the subject
lawyer. So kung naa syay pamilya,
ma-apektuhan jud sila. Mura sya ug
principle sa labor (law) nga the
penalty should be commensurate to
the misconduct committed by the
subject employee. So if the subject
employee committed misconduct in
the workplace then if such
misconduct will only merit the
employee to certain number of days
then suspension will suffice and the
illegal dismissal concept to the
employee will be too harsh. So same
concept to disbarment)
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. (so if the lawyer
 can be suspended only based on the
facts of the case, then the court will
go with the suspension. But if the
acts committed by the lawyer violate
several provisions in the CPR then it
would warrant the disbarment and
the SC will disbar the subject lawyer
so it depends on the case of the
subject lawyer. Case-to-case basis
as to the penalty that will be given to
the respondent lawyer)
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 to its possessor. To
deprive one of such as office is often
to decree poverty 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.
( D I S A D A W TA M A G - T H I N K U G
DISBARMENT ANA SI SIR, MAGTHINK SA
TA ON ADMISSION TO THE BAR/PASSING
THE FINALS HUEHUE)
NOTARIAL PRACTICE
2 0 0 4 R U L E S O N N O TA R I A L
PRACTICE (A.M. NO. 02-8-13-SC
(provides the rules and regulations
that will be observed by the notary
public in the notarization of
documents. Under these rules, you
have the requirements for the
execution of acknowledgement(?),
the jurat. Unfortunately, some notary
public do not comply with the notarial
rules. Take note that non-compliance
with the notarial rules will result not
only to the revocation of license/
authority to notarize but it may also
result to suspension/disbarment)
What is the purpose of the notarial law?
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)
*Guidelines of the notary public in the
performance of their function.
Who is a notary public?
*A person commissioned by the court to
perform official acts under the rules of
notarial practice. So dili tanan abogado
notary public but tanan notary public kay
abogado. If you want to be a notary public,
you have to apply. So file a petition before
the office of the Executive Judge and then
attach therein the requirements.
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 roder 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:
(REQUIREMENTS)
1. A citizen of the Philippines
2. Over 21 years of age
3. A resident in the PH 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 PH Bar in good
standing with clearances from the
Office of the Bar Confidant of the
Supreme Court and the
Integrated Bar of the PH, 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)
Form of the Petition and Supporting
Documents.
Every petition for a notarial commission
shall be in writing, verified, and shall
include the following:
1. A s t a t e m e n t c o n t a i n i n g t h e
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 two (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 these Rules;
and
4. Three (3) passpor t-size color
photographs with light background
taken within thirty (30) days of the
application. The photograph should
not be retouched. The petitioner shall
sign his name at the bottom part of
the photographs.
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
*In the hearing of your application, the
Judge would also ask about the rules on
notarial practice murag oral recits pero
depende sa judge kay naa uban di ra
kaayo strict
*Petition for application will be published in
the newspaper and anybody can oppose
your application.
The Executive Judge shall conduct a
summary hearing on the petition and
shall grant the same if:
a. the petition is sufficient in form
and substance;
b. t h e p e t i t i o n e r p r o v e s t h e
allegations contained in the
petition; and
c. the petitioner establishes to the
satisfaction of the Executive
Judge that he has read and fully
understood these Rules.
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)
Commission
*Once petition is approved by the court,
you will be issued a commission
It refers to the grant of authority to
perform notarial acts and to the
written evidence of the authority.
(Sec. 3, Rule III, A.M. No. 02-8-13-
SC)
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. (first par., Sec.
1, Rule III, A.M. No. 02-8-13-SC)
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. (Sec. 3, Rule III,
A.M. No. 02-8-13-SC)
*So kung ni apply ka ug notarial practice sa
Cebu City, di ka mka-practice sa Lapu-
Lapu City. You are a notary public for 1
jurisdiction lang di pwede nga daghan.
*If your client would want you to notarize a
document pero they want you to notarize it
in LLC then dili jud na pwede. Imo i-advise
nga kung pwede sa office nlng nimo i-
notarize pero if mu insist nga sa LLC jud
sya then look for another notary public in
LLC because its beyond your jurisdiction.
*2 yrs will commence on the 1st day of
January so for example ni apply ka middle
of 2017 na grant sya September, mu
retroact na sya. Mu start na sya sa January
so alkanes ka.
May the 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 shall be attached to the
application.
Failure to file said application will
result in the deletion of the name of
the notary public in the register of
n o t a r i e s p u b l i c . ( fi l e a n e w
application)
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. (Sec.
13, Rule III, A.M. No. 02-8-13-SC)
What are the powers of a notary public?
A notary public is empowered to
perform the following notarial acts
1. Acknowledgments;
2. Oaths and affirmations;
3. Jurats
 4. Signature witnessings;
5. Copy certifications; and
6. Any other act authorized by these
rules.
(Sec. 1(a), Rule IV, A.M. No. 02-8-13-
SC)
What is an acknowledgement?
*usually found in Deeds of Conveyances
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; (the affiants/person
subject to the document should
appear personally)
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 these
Rules; and (has shown proof of
identity; should be government-
issued ID w/ pic; cedula)
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
d o c u m e n t a s h i s f re e a n d
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. No. 02-8-13-SC)
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
these Rules;
4. 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)
What is a jurat? (Affidavit; subscribed and
sworn to upon me)
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
these Rules
3. Signs the instrument or document
in the presence of the notary;
and
(d) takes an oath or affirmation
before the notary public as to
such instrument or document.
(Sec. 6, Rule II, A.M. No. 02-8-13-
SC)
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 competent
evidence of identity as defined by
these Rules; 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)
*Kasagaran the usual thing in practice, you
have the acknowledgement and jurat. Deed
of Sale, Deed of Assignment; Affidavits
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. 14,
Rule II, A.M. No. 02-8-13-SC)
Note: The document copied must be
an original document. It cannot be a
copy itself.
*Usually mao ni kung muadto ka abroad
then embassy will ask for copies of
documents. So before i-notarize mao ni sya
ang gamiton.
Is a notary public authorized to certify
the affixing by thumb or other mark on
an instrument or document presented for
notarization?
*for example: buyer sa yuta had an
accident and then maglisod na sya pirma
kay nabali iya kamot pwede sya mg
thumbark instead of signing but must
comply with the requirements
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. D i s i n t e re s t e d a n d u n a ff e c t e d
witnesses to the instrument or
document;
3. Both witnesses sign their own names
in addition to the thumb or other
mark;
4. 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
5. The notary public notarizes the
signature by thumb or other mark
through an 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 is 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;
2. The signature of the notary public
is affixed in the presence of two
disinterested and unaffected
witnesses to the instrument or
document; (not party to the
instrument)
 3. Both witnesses sign their own
names;
4. The notary public writes below his
signature: signature affixed by
notary in presence of (names and
addresses of person and two [2]
witnesses); and
5. The notary public notarizes his
signature by acknowledgment or
jurat. (Sec. 1(c), Rule IV, A.M. No.
02-8-13-SC)
How should a notary public notarize an
instrument or document?
In notarizing a paper instrument or
document, a notary public shall:
1. Sign by hand on the notarial
c e r t i fi c a t e o n l y t h e n a m e
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. No. 02-8-13-SC)
Prohibitions
A. A notary public shall not perform a
notarial act outside his regular
place of work or business;
provided, however, that on certain
exceptional occasions or situations,
a notarial act may be performed at
the request of the parties in the
following sites located within his
territorial jurisdiction: (GENERAL
RULE: you can perform the notarial
act only on that addressed placed in
the petition)
(EXCEPTTIONS)
(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; (dili pwede
room sa hotels; sa lobby/hall
perhaps basta kay public)
(3) Hospitals and other medical
institutions where a party to an
instrument or document is
confined for treatment; and
(4) Any place where a party to an
instrument or document requiring
notarization is under detention.
(Sec. 2(a), Rule IV, A.M. No.
02-8-13-SC)
What is the phrase regular place of work
or business of a notary public mean?
The term 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,
A.M. No. 02-8-13-SC)
Can a notary public perform a notarial
act outside his jurisdiction and his
regular place of work as business?
Rule: A notary public shall NOT
perform a notarial act outside his
jurisdiction and his regular place of
work or business.
Exception: A notarial act may be
performed at the request of the
parties in the following sites
(provided under (Sec. 2(a), Rule IV,
A.M. No. 02-8-13.SC), other than his
 regular place of work or business,
located within his territorial
jurisdiction.
Prohibitions
B. A person shall not perform a notarial
act if the person involved as
signatory to the instrument or
document:
(1) is not in the notary's 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. (Sec. 2(b), Rule IV, A.M.
No. 02-8-13.SC
What is component evidence of identity?
It refers to the identification of an
individual based on:
1. At least one, current identification
document issued by an official
agency bearing the photograph
and signature of the individual
such as but not limited to:
a. Passport
b. drivers license
c. P ro f e s s i o n a l R e g u l a t i o n s
Commission ID
d. N a t i o n a l B u r e a u o f
Investigation clearance
e. police clearance
f. postal ID
g. voters ID
h. Barangay certification
i. Gover nment Service and
Insurance System (GSIS) e-
card
j. Social Security System (SSS)
card
k. Philhealth card
l. senior citizen card
m. Overseas Workers Welfare
Administration (OWWA) ID
n. OFW ID
o. seamans book
p. alien certificate of registration/
i m m i g r a n t c e r t i fi c a t e o f
registration
q. government office ID
r. certification from the National
Council for the Welfare of
Disable Persons (NCWDP)
s. Department of Social Welfare
and Development (DSWD)
certification; (Amendment to
Sec. 12 (a), Rule II of the 2004
Rules on Notarial Practice,
Feb. 19, 2004) or
*must be (VALID) government-issued
ID not private dili pwede company ID
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. (Sec. 12(b), Rule II
of the 2004 Rules on Notarial
Practice)
Note: these are in addition to the
presentation of the signatories
Community Tax Certificate (CTC).
 Section 163 of the Local Government
Code:
a. When an individual subject to the
community tax acknowledges any
document before a notary public,
it shall be the duty of any
person, officer, corporation with
whom such transaction is made
to require such individual to
exhibit the community tax
certificate(cedula).
*Cedula is not required under the Rules on
Notarial Practice however it is required
under different law. So kinahanglan ka ug
cedula aside from the government-issued
ID.
Disqualifications
A notary public is disqualified from
performing a notarial act if he:
(a) Is a party to the instrument or
document that is to be
notarized; (for example: Deed of
Sale naay seller then sya ang
buyer. He cannot notarize the
instrument or kaya Affidavit of
Loss dili pwede, he is disqualified
for performing that notarial act)
(b) Will receive, as a direct or indirect
result, any commission, fee,
advantage, right, title, interest,
c a s h , p r o p e r t y, o r o t h e r
consideration, except as
provided by these Rules and by
law; or
(c) Is a spouse, common-law partner,
ancestor, descendant, or relative
by affinity or consanguinity of the
principal within the fourth civil
degree. (Sec. 3, Rule IV, A.M. No.
02-8-13-SC)
Note: The function of a notary public is,
among others, to guard against any illegal
or immoral arrangements. That function
would be defeated if the notary public were
one of the signatories to the instrument. For
then, he would be interested in sustaining
the validity thereof as it directly involves
himself and the validity of his own act. It
would place him in an inconsistent position,
and the very purpose of the
acknowledgment, which is to minimize
fraud, would be thwarted. (to avoid bias)
When may a notary public refuse to
notarize even if the appropriate fee is
tendered?
(a) The notary knows or has good
reason to believe that the notarial
act or transaction is unlawful or
immoral;
(b) 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; and
(c) In the notary's judgment, the
signatory is not acting of his or
her own free will (Sec. 3, Rule V,
A.M. No. 02-8-13-SC)
(d) If the document or instrument to
be notarized is considered as an
improper document by the Rules
on Notarial Procedure
Note: Improper instrument or
document is
(a) a blank or incomplete instrument
or
(b) an instrument or document
without appropriate notarial
 certification (Sec. 6, Rule V, A.M.
No. 02-8-13-SC)
What is a notarial certificate?
*the usual thing nga makita sa ubos:
commission, expiry
It refers to the part of, or attachment
to, a notarized instrument or
document that is completed by the
notary public, 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 these Rules. (Sec. 8,
Rule II, A.M. No. 02-8-13-SC)
What must the notarized certificate
include?
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,
the office address of the notary
public; and
4. The roll of attorney's number, the
professional tax receipt number and
the place and date of issuance
thereof, and the IBP membership
number. (Sec. 8, Rule II, A.M. No.
02-8-13-SC)
What is a Notarial Register?
*Aside from the document, you also have to
sign the notarial book. Makita didto ang
page, book and document number.
It refers to a permanently bound
book with numbered pages
containing a chronological 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
acknowledged before him a number
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 line shall be left
between entries. (Sec. 2(e), Rule VI,
A.M. No. 02-8-13-SC)
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 if admissible
in court without further proof of its
authenticity (in relation to crim law on
falsification of private and public
documents. So once the private
document is notarized, it is
converted into a public document)
3. Documents enjoy a presumption of
regularity. It constitutes prima facie
evidence of the facts which give use
to their execution and of the date of
 said execution, but not of the
truthfulness of the statement. (so if
notarized document when it is
presented in court, there is a
presumption that it is duly executed
so no need to present evidence
because of the presumption. But if
the other party will protest then you
have to present evidence, otherwise,
the presumption will not stand)
*It is important to observe the Rules on
Notarial Practice
Who may revoke a notarial commission?
*If there is any violation committed by the
notary public, the one who can revoke is:
The notarial commission may be
revoked by:
1. The Executive Judge of the RTC who
issued the commission (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
program over lawyers. (so if there is
a suspension/disbarment proceeding
against the notary public then if
warranted, SC can revoke the license
and disqualify him from applying. So
pwede i-revoke and then disqualify
him to apply for notary public for 10
or 3 years and after that, pwede na
sya mu apply balik)
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:
(violations)
(1) fails to keep a notarial
register;
(2) fails to make the proper
entry or entries in his
notarial register
concerning his notarial
acts;
(3) fails to send the copy of
the entries to the Executive
Judge within the first ten
(10) days of the month
following;
(4) f a i l s t o a f fi x t o
acknowledgments the date
of expiration of his
commission;
(5) fails to submit his notarial
register, when filled, to the
Executive Judge;
(6) fails to make his report,
within a reasonable time, to
the Executive Judge
concerning the
performance of his duties,
as may be required by the
judge;
(7) fails to require the
presence of a principal at
the time of the notarial act;
(8) fails to identify a principal
on the basis of personal
knowledge or competent
evidence;
(9) executes a false or
i n c o m p l e t e c e r t i fi c a t e
under Section 5, Rule IV;
(10) knowingly performs or fails
to perform any other act
 prohibited or mandated by
these Rules; and
(11) commits any other
dereliction or act which in
the judgment of the
Executive Judge
constitutes good cause for
revocation of commission
or imposition of
administrative sanction.

QUESTION: Naay exam? (regarding

application on notarial practice)
ANSWER: No. Mag-ask ra ug questions
ang executive judge murag oral recits and
then you are required to answer. You must
show to the judge that you know your
function; you are familiar with the rules on
notarial practice.
*As to the fees: IBP issued guidelines
(pero depende sya)
QUESTION: Kailangan private practice
sir? (referring to public officials)
ANSWER: Yes because it is also a
p r a c t i c e o f l a w. S o i f y o u a re a
g o v e r n m e n t o ffi c i a l t h e n y o u a re
absolutely prohibited from the practice
then you cannot also notarize. Kung PAO
lawyer ka, dili ka maka-notarize ug private
documents. You can only notarize in
relation to the performance of your
function like kung naay muduol nimo nga
gusto magpa-notarize sa Affidavit then
pwede na. Pero kung naay muduol didto
magpanotaryo ug Deed of Sale then you
cannot do that. They should go to a
private lawyer who is also a notary public.
Magdepende sa document nga ipa
notaryo.
February 23, 2017 Discussion
(We are done with the CPR, suspension and
disbarment of a lawyer. Now we go to
judges, the rule of conduct that will govern
their official duties. So when you become
lawyers later on, you may decide to enter
the government service, you can either be a
fiscal, a PAO lawyer, or a judge. After 5
years in the practice, you can apply as an
MTC judge. After 10 years, RTC. (Shanya
and Jen talking. Jen: ah magjudge ta!
Shanya: dili mag asawa rakog judge)
Judicial Ethics
(So if you remember the definition of legal
ethics, is a branch of moral science which
deals of the duties, duties of the lawyers to
the court, the public, the client and the bar
as embodied in the constitution. Now with
respect to judicial ethics, this pertains to a
branch of moral science which treats of the
right of proper conduct and behavior of the
judges in the performance of their judicial
functions which behavior should be
demonstrative of the following values:
independence, integrity, impartiality,
propriety, equality, competence and
diligence. These are the new canons of the
code of judicial ethics.
Right now, the sources of judicial ethics
and the rules which govern the conduct
of judges are:
The new code of judicial conduct for
the Philippine judiciary (A.M. No.
03-05-01-SC 1 June 2004).
(So ako class, when I was still a student,
akong gi tunan is Code of Judicial Conduct
of 1989.)
Constitution (Art. 8 specifically)
Provisions on Civil Code (which
pertain to judges)
Rules of Court
Provisions in RPC on rendering
judgement
SPL (Anti-Graft and Corrupt Practices
Act)
Canons of Judicial Ethics
CPR (in so far as it discusses about the
mission of the judges and the lawyers
under Canons 10-13. Only to that extent
where CPR is a source of ethics judges)
Judiciary Act of 1948.
BP Blg. 129 (The creation of the courts,
MTC, RTC, which also confers
jurisdiction on the courts.)
Supreme Court decisions which lay
down rules on judicial ethics)
Foreign decisions on judicial ethics
Opinions and circulars,
memorandums issued by the SC
(judges are also under the control of the
SC and who can discipline the judges
and justices as well as disbar the judges)
(Qualification as to who can become a
SC justice:
Natural born citizen of the Philippines
At least 40 yrs of age
Must have engaged in the practice of law
for at least 15 years or more
Must be a person of proven competence,
integrity, probity and independence.
This requirement has a common factor as to
the appointment also with respect to the
lower court judges. MTC, at least 30 and when he hears and decides cases. Will also
practiced law at least 5 years, RTC, 35 and ensure that the public to trust the judicial
practiced law at least 10 years) system. This will serve as a guidance on
what proper things to do.)

The new code of judicial conduct for the Without it, no judicial system can work. It
Philippine judiciary (A.M. No. 03-05-01-SC is preventive of anarchy and tyranny for
1 June 2004). Took effect on June 1, 2004. it is both a legal and moral mechanism
that keeps and maintains the trust and
Inspired by the revised Bangalore draft of confidence of the people in the judicial
the code of judicial conduct adopted by the system and ultimately keeps the peace
judicial group on strengthening judicial and order in the community.
integrity in the round table meeting of chief
justices held at the peace palace in the If the administration of justice is liberated
hague in November 25-26, 2002. from ethical and moral rules, and is left
freewheeling, judges and magistrates
(Principles in which the Bangladore draft cannot be expected to be free,
was founded: independent, honest, diligent, and
Competent, independent and impartial impartial. Corollary, litigants will not find
judiciary nor enjoy the cold neutrality of
Public confidence on the system independent, wholly-free, disinterested
***(di maklaro shanya and jen talks una and impartial tribunals.
lang mo ha kay nakitan man gud ko ni
sir)
The new code of judicial conduct for the
Philippine judiciary is divided into:
Significance: *** (di maklaro jud bes.) as
Canon 1 Independence
of now, there are no laws authorizing foreign
Canon 2 Integrity
lawyers to practice law in the Philippines.
Canon 3 Impartiality
(wala sad sa ppt)
Canon 4 Propriety
Canon 5 Equality
In the absence of the applicable provisions
Canon 6 Competence and Diligence
in the new one, the old code of conduct can
still apply. All cases decided by the SC are
Canon 1 Independence
still applicable in the new one. In fact, they
Judicial independence is a prerequisite to
still cited.)
the rule of law and a fundamental guarantee
of a fair trial. A judge shall therefore uphold
Importance of Judicial Ethics
and exemplify judicial independence in both
(provides a rule of conduct. A system where
its individual and institutional aspects.
a judge will have to follow the rule in order to
maintain his impartiality, independence,
Independence- means freedom from the
influence, guidance or control of others.
Applied to legal ethics, it is referred to as
judicial independence.
The independence required of a judge
covers both individual independence and
institutional independence.
(Two concepts:
Individual Judicial Independence - As a
person, the judge must be free from the
influences of other persons like members of
family and friends.
No personal relationship shall influence him
to do or not to do what is requested of him
whether right or wrong.
Focuses on each particular case and seeks
to insure the judges ability to decide cases
with autonomy within the constraints of the
law.
Institutional Judicial Independence - As
the court, no branch of the government or
agencies thereof could dictate upon it in the
performance of its judicial duties. (judiciary
as a department and is implied to the
separation of powers between the executive
and legislative)
Must maintain and fight for the institutional
and operational independence of courts
from the extraneous influences of pressures
arising from other branches or agencies of
the government whether local or foreign.
Focuses on the independence of the
judiciary as a branch of government and
protects judges as a class.
SEC. 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.
Judges should not be swayed by the
pressure of public opinion
Judges who gives in to pressures loses his
independence
A judge is expected to be fearless in the
pursuit of rendering justice, to be unafraid to
displease any person, interest or power and
to be equipped with a moral fiber strong
enough to resist temptations.
May a judge decide on cases on the
basis of his personal beliefs or 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.
(should apply the punishment as mandated
by law)
May a judge, in deciding a case, be
guided by popular opinion for fear that
his judgment 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.
(that is why in news, lawyers are not allowed
to make comments while the case is
pending so as not to affect the decision of
the judge and to avoid impartiality)
SEC. 2. In performing judicial duties, judges
shall be independent from judicial
colleagues in respect of decisions which the
judge is obliged to make independently.
(not to be influenced but may ask other
judges how they ruled a certain case before
if galibog cla in order to clarify. But at the
end of the day, you should be the one who
will decide the case based on the facts
understood.
In courts where they sit in division, among
the 3, 1 will write the decision being the
ponente. They may discuss on what should
be the outcome of the case but at the end of
the day, the justice assigned to write the
decision should decide the case based on
his appreciation of the facts and the law
applicable to the case assigned to him.)
Lawyers are expected to lawfully influence
ex. Convince judges by their pleadings and
arguments. But for judges, they must not
interfere or intervene in the of their fellow
judges
Every judge must decide independently.
In collegial courts, while there may be
discussion 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 judgment.
SEC 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 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.
(Example, imong nephew, imong storyaon
ang labor arbiter nga ga handle sa iyang
case. That is to exert pressure. Violation of
this section)
SEC 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:
Spouse;
Son/Daughter-in-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.
(*** Jen and shanya talking: oh kana nice na
hahahha bitaw apas lang ko ha. Hala kana
nice na angayan ka)
(ex: if you are a judge, you need to scrap
out your name in your law firm and must
withdraw from there. Two reasons: (1)to
avoid the firm in using the name of the judge
to gain favorable decisions (2)to ensure that
the judge will act in the performance of his
functions independently and impartially.
Judge, if there is a family member in his
sala, must inhibit)
SEC 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. (Institutional independence.
Independent from other departments of the
government. Separation of powers)
Rationale: to protect the independence and
separation of the judiciary from the two other
branches of government.
SEC 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. (a new
provision not found in the book.)
(it does not mean however na you can no
longer associate with other persons. They
should try lang to avoid issues on
impartiality)
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 prevent an impartial
attitude of mind 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 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.
SEC 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.
SEC 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.
There can be no sure guarantee of judicial
independence that 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.
Good judges are described as those
who:
1. Have the mastery of the principles of
law; (judges also attend seminars
conducted by the PHILJA? In order to be
updated with the latest laws and
jurisprudence and mastery)
2. Discharge their duties in accordance
with law;
3. Perform their duties undeterred by
outside influence (di ma klaro sa
recording)
4. independent and self-respecting
judicial system equal and coordinate
with the other departments (di ko sure if
apil pani ani nga category)
(if you notice later on, the canons in the
Code of Judicial Conduct are more or less
related to each other. Sometimes, the
violation of one canon will result to the
violation of other canons. Independence to
impartiality then propriety. One act may
result to several or all)
Canon 2 Integrity
(integrity is essential not only to the proper
*** di madungog jud.
So just like lawyers also, the judge will also
be supervised by the SC. Their conduct will
be regulated by the SC whether such
conduct is in line with their judicial functions
or private transactions. They are expected
to be observant of the (shanya: jen unsay
nindot nga colr? Jen: kani ay. Ay kana!)
avoid getting pictures all the time because
this might raise a question on your
impartiality and integrity especially if your
friends have pending cases in the court.
Ayaw lang pa tag. While they are not
prohibited, they should avoid. If ma judge ka
nya techy, there may be certain restrictions
in your social media because there mjust be
preservation of justce.
***Jen: wala jud ko ka try online shopping
Shanya: ako sige kay kapoy ug lakaw
***Salary because sauna gamay rag
mangapply as judge*** shanya: mas lamia
ng unli wings sa plaza pino. Because
sometimes, judge refuse to learn new cases
kay high tech na kayo. But better najud run.

Integrity, the character of the judge. The

judge must be honest. There is a
presumption that they are good judges and
person of integrity. ***Jen: open seas naman
to cya sa? Shanya: sa Davao? *** Can you
guess why they are considered as person
with integrity unless proven otherwise? If
you remember the qualifications, he must be
a person of proven competence, probity and
independence. Jen: Japanese version sa
Christi: MTRCB? Sir: no questions? See you
tomorrow)
February 28, 2017 Discussion
CANON 2. INTEGRITY. Integrity is essential
not only to the proper discharge of the
judicial office but also to the personal
demeanor of judges. (Based on Rule 1.01 of
the Old Code)
This pertains to the character of the judge or his
moral uprightness. Under this canon, he is
expected to be a good person, not only in the
performance of his function as a judge but also
his private affairs. The CPR governs the actions
of the judges as well as their engagement in
other activities.
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 as the virtues of
impartiality, propriety, equality and
independence.
But these are just presumptions that they act in
accordance to their duty.
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. (New provision
inspired by Canon 31 of the Code of Judicial
Ethics.
So image is also important. Because the judges
and justices, they are the personification of
justice. MTC and RTC judges are the front
liners, they dispense justice. They should
observe high standard of conduct compared to
lawyers.
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 peoples faith in the
integrity of the Judiciary. Justice must not
merely be done, but must also be seen to be
done. (Based partly on Rule 2.01 of the Old
Code)
Because appearance is as important as
reality in the performance of judicial
function, like Caesars wife, a judge must
not only be pure but beyond suspicion. A
judge had the duty not only to 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 to the judges
integrity.
 Judges must personify four ins
integrity, independence, industry, and
intelligence.
It must be obvious, therefore, that while
judges should possess proficiency in law
in order that they can competently
construe and enforce the law, it is more
important that they should act and
behave in such a manner that the parties
before them should have confidence in
their impartiality.
So the judges are expected to assure and insure
the confidence of the public on the justice
system. So that people will still ask relief from
the courts and not take the law in their own
hands. With respect to legal ethics, it is also the
duty of lawyers to help the court in the
administration of justice. Dghan kaayog kaso, di
sila ka ato. Mao na lawyers are asked for
pleadings to avoid clogging of cases.
Some Instances of Improprieties (may not
be criminal or punishable by law but are
IMPROPER)
a. Conducting in-chamber 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. (Judges not allowed to
practice law)
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.
These will question the integrity of the judge.
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. (Rule 71, ROC)
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 ROC.
So if the court staff commits a misconduct, judge
shall commence the investigation and
recommend the proper sanction.
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. (Based on Ryle
2.01 and Canon 3 of the Old Code)
This is more or less connected with
independence. Judge should not afford to be in
favor of one of the parties of the case. He
should decide only based on the merits of the
case.
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.
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 the facts established.
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.
So even if the decision itself is impartial but in
drafting the decision it appears that the judge is
biased to the other party, then there is violation
to this canon. Example: Allowing one party to
enter into his chamber. Under this canon, it is
important that the product and the process is
impartial.
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 indispensible requisite of due
process. (Rallos v. Gako)
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. (Based on jurisprudence)
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
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.
The noble office of a judge is to render
justice, not only impartially but
expeditiously as well, for delay in the
disposition of cases erodes the faith and
confidence of our people in the judiciary,
lowers its standards and brings it into
disrepute. (Report on the Judicial Audit
Conducted in the RTC, Branch 18,
Tagaytay City 477 SCRA 403)
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.
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.
What is the degree of proof required to prove
bias or prejudice?
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. (Based on Canon 3 of the Old Code)
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 this public and
private life with dignity, honesty,
competence, and independence.
A judge should not only possess
proficiency in law, but should likewise
possess moral integrity for the people to
look up to him as a virtuous and upright
man.
So di pwede nga ig human nyag trabaho, makig
inom siya sa one of the parties of the case. In
one of the cases, katong Friendster pa, ang
judge ngpost ug picture nga naka off-shoulder.
Though it may be okay for other persons, judges
are expected to conduct higher standard. (Kung
ma judge ta, mgbikini ta hahahahahha
#DoNotJudgeTheJudge #JudgerKaLang
#JUDGEgoals)
SECTION 3. Judges shall, so far as is
reasonable, so conduct themselves as to
minimize the occasions on which it will be
necessary for them to be disqualified from
hearing or deciding cases.
Judges should avoid activities on
occasion which will increase possibility of
being disqualified from hearing or
deciding cases.
Fraternization with practicing lawyers
and litigants is replete with detriments
and drawbacks in the administration of
justice. Even when the judge has
rendered decision free from any 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 ultimately eroding the public
confidence in the judge and in the
judicial system itself.
So kanang mgouting with lawyer friends, likayi
na. (Yes sir I will) kay these lawyer friends might
have a pending case in the sala of the judge. If
makit-an, the other party might entertain the
idea that nakig discuss siya sa sa case.
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 or
any person or issue. (Based on Rule 2.02 and
3.07 of the Old Code)
A judges language, both written and
verbal must be guarded
Public Comment or Statement by judges which
might affect fair trial of cases must be avoided
A judge must hear both sides before he
should even attempt to make any
conclusion on the issues of a case
which conclusion could be the basis of
his written judgment. It is dangerous for
a judge to make comments, specially
publicly of pending cases before his
court, or even impending cases such as
those publicly known and anticipated to
be filed in court, having been the subject
of wide publicity, or sensationalized in
the media.
The danger is rooted in the fact that
judges are among the quotable public
officials by reason of their exalted
positions. And the media, many times,
misquote people, wittingly or unwittingly.
Kung pangutan-on sa medja ingnag no
comment lang.
SECTION 5. Judges shall disqualify
themselves from participating in any
proceedings in which they are unable to
decide the matter impartially or in which it
may appear to a reasonable observer that
they are unable to decide the matter
impartially. Such proceedings include, but
are not limited to instances where:
a) The judge has actual bias or
prejudice concerning a party or
personal knowledge of disputed
evidentiary facts concerning the
proceedings;
b) The judge previously served as a
lawyer or was a material witness in
the matter of controversy;
 c) The judge or a member of his or
her family has an economic
interest in the outcome of the
matter in controversy;
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 served as counsel
during their association, or the
judge or lawyer was a material
witness therein;
e) The judge's ruling in a lower court
is the subject of review;
f) T h e j u d g e i s r e l a t e d b y
consanguinity or affinity to a party
litigant within the 6th civil degree
or to counsel within the 4th civil
degree; or
g) The judge knows that his or her
spouse or child has a financial
interest, as heir, legatee, creditor,
fiduciary, or otherwise, in the
subject matter in controversy or in
a party to the proceeding, or any
other interest that could be
substantially affected by the
outcome of the proceedings.
But pwede ra ghapon IF the parties will still
agree, despite the existence disqualification nga
ang judge ang mo hear sa case. Pwede na. its
called remittal of disqualification. But such
agreement must be put into writing.
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 a judge's participation, all
agree in writing that the reason for the
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.
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 interest, signed
by them and entered upon
the record.
A j u d g e m a y, i n t h e
exercise of his sound
discretion, disqualify
himself from sitting in a
case, for just or valid
reasons other than those
mentioned above. (This
rule on prohibition and
disqualification of judges
is laid down in Section 1,
Rule 137 of the Rules of
Court)
Mandatory or Compulsory Voluntary Inhibition Section 2, Rule 137 of the Rules of Court
Disqualification
provides:
When he or a. A judge may,
his wife or his in the exercise
child is of his sound Sec. 2. Objection that judge
discretion
pecuniarily disqualify disqualified, how made and
interested as himself, for
heir, legatee, just and valid effect. - If it be claimed that an
reasons other
creditor or
than those official is disqualified from sitting
otherwise mentioned
When he is above. (Ex. as above provided, the party
Fraternity
related to
brother or objecting to his competency
either party ninong of of
within the the children of may, in writing, file with the
sixth degree one of the
o f parties. Or official his objection, stating
consanguinit
BFF of party of
the case. the grounds therefor (Motion
y or affinity,
or to counsel
Seatmate sa
Legal Ethics. for Inhibition), and the official
within the
Or EX ang
lawyer sa shall thereupon proceed with the
fourth degree
When he has
pikas. Pak
t u a r a ! ) trial, or withdraw therefrom, in
b e e n Discretionary
rani, judge
accordance with his
executor,
administrator,
may still hear
the case.
determination of the question of
guardian, his disqualification. His decision
trustee or
counsel shall be forthwith made in writing
When he has and filed with the other papers in
presided in
any inferior the case, but no appeal or stay
court when shall be allowed from, or by
his ruling or
decision is reason of, his decision in favor of
the subject of his own competency, until after
review
final judgment in the case.

Time when Petition for Disqualification
should be filed:
DISQUALIFICATION INHIBITION
The petition to disqualify a judge
There are The rule
specific o n l y
must be filed before rendition of
grounds provides the judgment, and cannot be
enumerate broad basis
d under the f o r
raised on appeal. Otherwise, the
rules of inhibition parties are deemed to have
court for
disqualifica
waived any objection regarding
tion the impartiality of the judge.
Judicial The matter
officer has is left to the What is remittal of disqualification?
n o s o u n d
discretion discretion
to sit or try of the judge
A judge disqualified may, instead
the case of withdrawing from the
proceeding, disclose in the
records the basis of
disqualification. If, based on such
disclosure, the parties and
What is the procedure for disqualification lawyers, independently of the
judges participation, all agree in
or inhibition?
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 and the
appearance of propriety are essential
to the performance of all the activities
of a judge. (Based on Canon 3 of the
Canons of Judicial Ethics)
Propriety means appropriateness
It must be open and manifest to a
reasonable observer
It is required to be the ethics 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, judges should always
conduct themselves within the
confines of proper judicial
deportment and behave in a
manner of short reproach.
It prohibits not only actual
impropriety but even the mere
appearance of impropriety.
Instances of Improprieties Committed by
Judges (Way labot sa pagka judge pro
improper)
1. Judge getting out from private
room in a Resort with one of his
lady subordinates.
2. Judge poking his gun to another
in a restaurant while in a state of
intoxication.
3. Fraternizing with litigants.
4. Hearing of 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.
7. Borrowing money from a litigant
without intention to pay.
8. Hurling intemperate language
unbecoming of a judge.
Saction: Removal from his office. The
court can also disbar him as a lawyer.
But thats very few instances. Usually
removal from office nya pabalikon ra sa
practice of law. Mao nay giingon nga
lawyer way retirement age as long as
updated sya sa latest law and
jurisprudence.
SECTION 2. As a subject of constant
public scrutiny, judges must accept
personal restrictions that might be
viewed as burdensome by the
ordinary citizen and 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 restriction, 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 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.
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.
(Based on jurisprudence)
This section is directed at
bolstering the principle of cold
neutrality of an impartial judge
SECTION 4. Judges shall not
participate in the determination of a
case in which any member of their
family represents a litigant or is
associated in any manner with the
case.
This rule rest on the principle that
no judge should preside in a case
in which the judge is not wholly
free, disinterested, impartial and
independent.
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 6. Judges, like any other
citizen, are entitled to freedom of
expression, belief, association and
assembly, but in exercising such
rights, they shall always conduct
themselves in such a manner as to
preserve the dignity of the judicial
office and the impartiality and
independence of the judiciary.
Judges in the exercise of their
civil liberties should be
circumspect
SECTION 7. Judges shall inform
themselves about their personal
fiduciary financial interests and shall
make reasonable efforts to be
informed about the financial interests
of members of their family.
A judge shall refrain from
financial and business dealings
that tend to reflect adversely on
the courts impartiality, interfere
with the proper performance of
judicial activities, or increase
involvement with lawyers or
persons likely to come before the
court.
They can better observe the
directives in Section 4(A)(h) of
RA 6713 (Code of Conduct and
Ethical standards for Public
 officials and Employee) that
public officials and their families
shall lead modest lives.Public
officials and employees and their
families shall lead modest lives
appropriate to their positions and
income. They shall not indulge in
extravagant or ostentatious
display of wealth in any form.
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.
The acts prohibited by the rule.
a. Judges act of using judicial
office to advance private
interests and;
judicial functions, he does not
violate the provision
SECTION 10. Subject to the proper
performance of judicial duties, judges
may:
(a) Write, lecture, teach, and
participate in activities concerning the
law, the legal system, the
administration of justice or related
matters;
(b) Appear at a public hearing before
an official body concerned with
matters relating to the law, the legal
system, the administration of justice
or related matters;
(c) Engage in other activities if such
activities do not detract from the
dignity of the judicial office or
otherwise interfere with the
performance of judicial duties.

b. J u d g e s a c t o f g i v i n g
impression that he can be
influenced to use the judicial
office to advance the private
interests of others.

SECTION 9. Confidential information

acquired by judges in their judicial
capacity shall not be used or
disclosed by, for any other purpose
related to their judicial duties.

The prohibition to use or disclose

confidential information acquired
by the judge in his judicial
capacity is not absolute. If the
purpose of the use or disclosure
is related to their judicial duties,
there is a violation of the section.
However, if the purpose is not
related to the judicial duties of the
judge, there is no violation. So, if
the judge uses the information in
a financial dealing unrelated to
March 1, 2017 Discussion
(Recap)
INTEGRITY
Such trait and characteristic must be
observed by the judge not only in his
performance of judicial function but also
on his private transaction.
He should be a man of integrity.
The new code of judicial conduct will
govern the acts of the judge while he is
in office as well as as a private citizen.
IMPARTIALITY
On impartiality, we discussed that just
like independence, it is not enough that
the decision of the judge is impartial.
The process also in a coming up with
the decision must be seen to be
impartial.
Judge must not be biased and should
not favor any of the parties except he
will decide the case based on his
assessment of the facts and the
applicable law and jurisprudence. And
that the decision rendered by the judge
should not only be impartial but the
process in coming up with the decision
must be seen to be impartial
We discussed situations wherein the
judge is mandated to inhibit himself from
hearing and deciding a case. Instances
wherein on account of relationship with
either of the parties or the counsel of the
case wherein the judge has to disqualify
himself.
We discussed on mandatory inhibition or
disqualification and voluntary inhibition
wherein based on the discretion of the
judge he will exclude/excuse himself
from hearing and deciding a case
especially when a party to that case will
raise an issue as to his impartiality.
PROPRIETY
Proper and right conduct that must be
observed by the judge in all his activities
Just like integrity and independence,
this characteristic must be observed by
the judge not only in court but also
outside of the court
In the case of Lorezana v. Austria
where the judge was disciplined by the
court for posting the picture in friendster
wherein that picture is inappropriate.
The judge cannot engage in other
activities are not in any way related to
the performance of their judicial function
especially if these activities will conflict
with their judicial function.
(End of Recap)
SECTION 10. Subject to the proper
performance of judicial duties, judges:
Write, lecture teach and participate
in activities concerning the law, the
legal system, the administration of
justice or related matters;
Appear at a public hearing before an
official body concerned with matters
relating to the law, the legal system,
the administration of justice or
related matters;
Engage in other activities if such
activities do not detract from the
dignity of the judicial office or
otherwise interfere with the
performance of judicial duties.
Under the new code of judicial conduct, it also
provides for certain activities where the judge
can engage into provided that it will not affect
the performance of their judicial duties.
Under the new code, they can teach/lecture/
participate in activities concerned with the law.
Judge can also appear public hearing/forum
with respect to a certain matters relating to the
law
And engage in other activities provided that
such activities do not detract from the dignity of
the judicial office
Propriety as well as Independence is the duty
also of the judge to avoid such situation which
will compromise him. Fraternization with lawyers
especially those lawyers who have pending
cases in his sala should avoid those situations.
They can engage into activities listed (Instances
of Improprieties Committed by Judges) as long
as it will not affect the performance of the
judge's duties and will not affect the impartiality
and independence.
Under this section, judge is allowed to engage
in other activities. Take note the provision in the
constitution which prohibits the judge from
being designated to any performing quasi-
judicial or admin functions. The reason for that
is his order or act in that agency might be
questioned later on in the court. So, there might
be conflict of interest. So, there is an express
prohibition in the constitution that he cannot be
designated to this agencies other than his
function as a judge.
SECTION 11. Judges shall not practice
law while the holder of public office
(taken from the --- Rule 5.07 of the Old
Code)
This prohibition is based on the
inherent incompatibility of the right,
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.
And then we have Section 11, they cannot
engage in the practice of law. It simply means
that they CANNOT accept clients, draft
pleadings for clients, give legal advice to clients
because they are not allowed. They are
prohibited from engaging in the practice of law.
So katung three main activities: giving legal
advice, preparation of legal documents for
clients, and appearance in courts. Judges
cannot do that because that's practice of law
which is reserve to those who are in the private
practice.
SECTION 12. Judges may form or join
associations of judges or participate in
other organizations representing the
interests of judges. (based on Canon 4
of the Old Code and Rule 4.01)
This rule recognizes the difference
between membership in associations
of judges and membership in
association 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.
On FRATERNIZATION, they cannot join
associations with lawyers but they may form
their own association of judges. In a way they
are restricted with respect to their social
relationship with the fellow lawyers. Dili sila
pwede. Since it's possible they may cultivate
close relationship with a certain lawyer and it's
possible later on in the future that lawyer may
have a pending case in the judge's sala. There
may arise a question on impartiality and
propriety and integrity as a person and as a
judge. But he can join parties and gatherings
with fellow judges. Pwede rana siya.

SECTION 13. Judges and members of
the judiciary ---- 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.
(based on Rule 5.04 of the Old Code)
Gift refers to a thing or a right to
dispose of gratuitously, or any act of
liberality, in favor of another who
accepts it, and shall include a
simulated sale or an ostensibly
onerous disposition thereof. It shall
not include unsolicited gift of nominal
or insignificant value not given in
anticipation of, or in exchange for, a
favor from a public official or
employee (Section 3(c), RA 6713
[Code of Conduct and Ethical
Standards for Public Officials and
Employees]).
Loan covers both simple loan and
commodatum as well as guarantees,
fi n a n c i n g a r r a n g e m e n t s o r
accommodations intended to ensure
its approval (Section 3(e), RA 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 RA 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
function of their office.
Acceptance of Gifts, Bequests, Loans or
Favors from Anyone is Prohibited
There are many law 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 (Articles
210 & 211 of the Revised Penal
Code)
Anti-Graft and Corrupt Practices Act
(RA 3019)
Void Donations (Article 739 of the
New Civil Code)
Loans prohibited under the
Constitution (Article XI, Section 16,
1987 Constitution)
On RECEIVING OF GIFTS, they cannot receive
or ask gifts or any favor in relation to anything.
On your discussion in criminal law on bribery
you have there direct and indirect. It is also
covered in this new code. It applies to judges
being government and public officials.
- In relation to his section in
propriety, you have there provision in RA 6713
wherein public officials
and employees shall not solicit or accept
directly or indirectly any gift.
It covers direct and indirect bribery.
- Aside from the new code, you
have other provisions of laws which prohibits
the acceptance and
solicitation of gifts by judges. You have the
RPC, RA 3019, provision in
the Civil Code, and provision in the Constitution.
ACCEPTANCE OF A GIFT in relation to the
office may violate the RPC as well as this other
provisions on these laws. There might be a
criminal liability to the judge as well as
administrative liability for acceptance of a gift in
relation to office especially if the gift is for the
judge to be biased to one of the parties in the
case.
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 or to
be done or omitted to be done in
connection with their duties or functions.
(partly based on Rule 5.04 of the Old
Code)
The judge cannot be allowed to do
indirectly what he is not allowed to do
directly 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.
Just like impartiality and independence, the
judge is also responsible and accountable to
the acts of his subordinates - of the court staff.
The judge shall not knowingly permit his staff to
ask for or accept any gift. Take note that for a
judge to be liable, he must have knowledge. So
kung wala siya kabalo, he can make that
defense. There are also some court staff nga
ang buhaton - kabalo na sila naa'y decision,
they will call the parties and mangwarta. I f
the judge has knowledge of that, he can be
held liable under this section but if he has no
knowledge of the practice of his court staff, he
may not be liable under this but may be liable
on other provision of the new code especially
on diligence and competence under Canon 6 -
in here he failed to exercise his diligence in
duly supervising and regulating the acts of his
subordinate. Relax ra pud kaayo siya.
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 reasonably be
perceived as intended to influence the
judge in the performance of judicial
duties or otherwise give rise to an
appearance of partiality. (partly based on
Rule 5.04 of the Old Code)
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 symbolic gesture.
It is not something of value given as
compensation or bribe.
Judge under this section can receive token
gifts. When the judge is asked to give a speech
or be a speaker in a MCLE seminar, they can
receive a token gift in that regard.
EQUALITY
Canon 5. Ensuring equality of treatment
to all before the courts is essential to the
due performance of the judicial office.
(new Canon inspired by the Canon 3 of
the Old Code)
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.
This is more or less related to impartiality and
independence.
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. (new provision)
By adhering to the principle to the
principle of equality to all, judges shall
not entertain bias or prejudice by reason
of the race, color, sex. Religion, age,
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.
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.
The judge should accord equal treatment to all
the parties/persons who will come to court.
Just like also with lawyers. The lawyers cannot
decline representation solely on the basis of his
race, nationality, status, etc. The same with the
judge as well as his court staff.
This is a new provision that is not found in the
old judicial conduct. You have there the judges
should be aware of and understand diversity in
the society and differences. Again, the judge
must treat fairly and equally the people who
come to court. No discrimination that should be
done by the judge.
SECTION 2. Judges shall not, in
performance of judicial duties, by words
or conduct, manifest bias or prejudice
towards any person or group on
irrelevant grounds. (partly based on Rule
3.07 of the Old Code, Canon 3 of the
Canons of Judicial Ethics, and
Jurisprudence)
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.
In relation to independence and impartiality, the
judge should not make any statements when
the case is pending which will show his bias or
which will manifest prejudgment of the case. He
should treat the parties equally. So, if he allow
the lawyer one party to argue then he should
also accord the same opportunity to the other
party to also speak. Dili kay ang pikas lang
pirmi ang pa-sturyahon unya ang pikas
pahilumon.
In relation to impartiality, you have there the
concept of cold neutrality of a partial judge.
Again, bias, impartiality, prejudice has no place
in the performance of the judicial function. The
judge must decide the case based on the
merits and not based on personalities. Not
based on the status and either on
considerations not in any way related to the
merits of the case. Just like lawyers also the
judges they are also expected to be
conscientious and diligent on the performance
of their function. They should be updated with
the current law and jurisprudence so that they
will be able to effectively perform their job.
SECTION 3. Judges shall carry out
judicial duties with appropriate
consideration for all persons, such as
the parties, witnesses, lawyers, court
staff and judicial collegaues, without
differentiation on any irrelevant ground,
immaterial to the proper performance of
such duties. (partly based on Rule 3.04 of
the Old Code)
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.
Because even if the parties are punctual in
court. Ang lawyer/litigants sayo kaayo but
late ang judge - wala gihapoy mahimo nga
trabaho. Naay uban gani late na kaayo ang
judge ang buhaton nalang i-reset nalang
ang hearing to another date because wala
nay time. In that instance, it's not the fault of
the lawyers or the parties. It's now on the
judge. For that tardiness, if it's habitual, he
could be subject to a disciplinary action by
the SC.
Right attitude of judges to lawyers,
litigants, witnesses and all others
appearing before the court
Judges should act with decorum
toward lawyers, parties, court staff,
spectators, and alike.
In addressing counsel, litigants, or
witnesses, the judge should avoid a
tone that creates animosity.
Judges should always be aware that
disrespect to lawyers generates
disrespect to them. There must be
mutual concession of respect.
If he wants to be respected, he should also
accord respect to the lawyers, to the party-
litigants who appear before his court. Di
siya mang-insulto. Naa may uban mag
power trip. Uban pud judge, naay
kaugalingong rules. Naa'y rules of court,
naa puy rules of this court pud.
But again you should avoid quarreling withe
judge because the judge has the power to
cite you in contempt although the judge
may be wrong but again he is the judge
and you have a pending case in his court.
At the end of the day, he is the one who will
decide the case.
If you are the subject of disrespect or
abusive attitude by the judge, what you can
do is to make the necessary complaint
against the judge in the proper forum. Dili
kay tungud gi away ka sa judge, imo nung
ingnon sumbagay nalang. While your anger
may be justified because the judge
provoked you but you could be liable to
disciplinary action by the SC. If you have
any grievance against the judge because
the judge is disrespectful, what you can do
is to file the necessary/appropriate
complaint before the proper forum - before
the SC.
RESPECT. To get it, you must give it.
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 intemperate
language, the lawyer can return the
attack on his person and character
 through an administrative case
against the judge.
So if the judge will make side comments or
remarks against the person of your client or
the person of the lawyer, what the lawyer
can do is to manifest that the statement of
the judge should be reflected in the record.
Kanang mga stenogrpahic notes, ma reflect
na didto.
If you want the judge to be disqualified from
hearing the case, you should do that before
there is the judgment. Otherwise, if you
raised the issue on the impartiality of the
judge after the judgment you are deemed to
have waived the same. You can use the
statements made by the judge on the
record. Naa'y uban sad, ipatawag sa judge
ang parties kung init na kaayo ang
argument sa court, mu ingon siya'g off the
record, mag sturya. Pawngun ang tape
re c o rd e r u n y a m u h u n o n g p u d u g
transcribe ang stenographer. But as a rule,
naka record na tanan diha - from the start of
the proceeding. If you are a lawyer of the
client, you can ask for the copy of
stenographic notes. Although you have to
pay per page.
Patience, attention and courtesy to
inexperienced 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 such as
asking them when they passed the
Bar examinations, or from what
schools they came from, the good
judge would rather courteously guide
the youthful or inexperienced lawyers
with kind words of advice and
encouragement, inspiring them in the
process to study harder and excel in
the field of lawyering.
Judges also in this canon are encouraged
to be patient especially to new lawyers.
Mailhan man dayun ang mga bag-o kay ig
sugod pa lang daghan kaayo ug sturya
bitaw. Basta maka spot na dayun ang judge
kay katung mga practitioner. Kung nay bag-
o daghan pa kaayo ug "good morning your
honor" kumpleto jod. Kanang cross examine
unya pirmi ma object-kan sa pikas ang new
lawyer, the judge will also help. That's the
way of helping new lawyers in the practice
of law. Even if you are new, under the CPR,
it is the duty of the lawyer to adequately
prepare for the trial.
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.
Uban judge mag power trip sad lage. They
should avoid being arrogant. Dili siya mag
huna-huna nga siya na ang sakto sa tanan.
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. (new provision)
DUTIES OF JUDGES UNDER THIS
SECTION:
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
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.
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 other subject to
his control to do the above acts of
discrimination or differentiation will
be committing a breach of the New
Code.
The same also with propriety, in equality
also, the judge must see to it also that the
court staff will also observe and accord
equal treatment. Dili siya pwede nga ang
judge ray nag tinarong unya ang mga staff
kay abusado kaayo. They should also see
to it that the staff will observe the same
values of equality, propriety, independence.
Again, if he knowingly permit his court staff
to do the discrimination then he (judge) is
also held liable. Aside from his judicial
function, he has also managerial function.
He has to manage the staff of his office.
Command responsibility in that regard.
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. (based on Rule 3.10 of the Old
Code)
Judges should conduct proceddings
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 orders in its immediate
presence, to compel obedience to its
judgments, 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 statements in
court.
Judge also must control the proceedings in
court. Iya na i-control ang mga lawyers kay
naa'y uban lawyers na grabe kaayo mu
argue bisag mu ingon na nga "sige that's
enough. let's hear from the other party" sige
gihapon ug sturya. Judge should control
kay kung dili mag sige lang ug sturya
especially if the client is present kay magpa
bilib mana. Di pa alkansi jod. Maniguro sa
appearance fee.
If he have to exercise the power to
contempt, then he has to exercise that. If
there's unruly behavior committed during
the proceedings, he could cite the person
responsible for contempt of court because
he has that power. Precisely, that power is
given to him in order to control the
proceedings. To ensure that there is a fair,
smooth administration of justice.
Two concepts of contempt:
1. Direct contempt - if the misbehavior or
misconduct is committed in the presence of
the judge or during the hearing; automatic
for contempt; no opportunity to explain for
the lawyer
2. Indirect contempt - there is the
opportunity for the other party to answer
and there would be a hearing in that regard
CANON 6. COMPETENCE AND
DILIGENCE. Competence and diligence
are prerequisites to the due performance
judicial office. (bases on Canon 3, Rule
3.01, and Rule 3.08 of the Old Code)
Membership in the bench requires,
among other 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.
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)
Competence refers to the skill and
knowledge of the judge. Skill in handling a
court case and Knowledge of the law and
the jurisprudence.
Diligence on the effort exerted by the judge
in the performance of his function and
supervising his court staff.
Again, when they are appointed as a judge
they are presumed to be competent and
diligent. Because you have the
qualifications for a lawyer to be appointed
as a judge. One of the qualifications is he
should be a man of proven integrity, probity,
and independence. So, they are presumed
to be competent and diligent but that is just
a presumption.
Again, on competence, they are expected
to know the law and the rules of court.
That's why they don't know the law and they
are not familiar with the rules of court, the
party may file a case against him for gross
ignorance of the law. If lawyers are
expected to be updated on the latest laws
and jurisprudence, much more with respect
to judges because they are the ones who
will decide the case. So dapat kabalo sila
unsay sakto nga balaod nga i-apply sa
kaso. They should know the rules of court
otherwise if they don't know the things, basi
di sila mag dugay and might be removed
by SC for incompetence and for gross
ignorance of the law. And in gross
ignorance of the law, good faith is not a
defense. If you do not know the basic law,
then even if you alleged good faith and in
your part no malice/bias/fraud, the same
you can still be disciplined by the SC on
that ground alone - gross ignorance of the
law.
-COMPETENCE-
SECTION 1. The judicial duties of a judge
take precedence over all other activities.
(based on Canon 5 and Rule 5.02 of the
Old Code)
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 form
such cases.
On competence and diligence, the primary
duty of the judge is to hear and decide the
case. Kanang mga extra-curricular activities
sa judge, apil siya ug shooting/running
club, it should be secondary. In fact, if he is
engaged into teaching of law, in case of
conflict with respect to his judicial function
and his other activities, the judicial function
should be prioritized. Because the primary
duty of the judge is to hear and decide
cases.
What are the duties of a judge under this
section?
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
A judge shall not inhibit himself
simply to avoid sitting on difficult or
controversial cases.
Absent any reason for him to inhibit - the
rule is he must decide the case.
SECTION 2. Judges shall devote their
professional activity or 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 new
provision based on jurisprudence)
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.
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 management skill for which he
may be liable administratively.
He cannot blame his staff for it. It is still his
responsibility. Dili siya kapamhid sa sala sa
laing tao. Except for fortuitious events/force
majeure.
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 assigned to
his sale are intact. There is no
justification for missing records save
fortuitious 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 of the training and other
facilities which should be made
available, under judicial control, to
judges. (inspired by Canon 4 of Canons
of Judicial Ethics and Canon 4 of the Old
Code)
 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 27, 2010)
They will attend PhilJa (Philippine Judicial
Academy) for recent jurisprudence.
IGNORANTIA JURIS NEMINEM EXCUSAT.
Ignorance of the Law Excuses No One.
Ignorance of the law, which everyone is
bound to know, excuse 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
a w a re o f i t c o n s t i t u t e s g ro s s
ignorance of the law.
Note: To make judges liable for
gross ignorance of the law, it is not
enough to prove that they are really
non-knowledgeable of the law. it
must also be proved that they were
motivated by bad faith, dishonesty,
fraud, corruption and some other
similar motives.
Defenses in Charges of Gross Ignorance
of the Law
Good faith, absence of malice,
corrupt motives or improper
c o n s i d e r a t i o n a r e s u f fi c i e n t
defenses in which a judge charged
with ignorance of law can find
refuge.
Rationale: As a matter of policy, in
the absence of fraud, dishonesty and
corruption, the acts of a judge in his
official capacity are not subject to
disciplinary action.
Service in the judiciary means a
continuous 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 and
the applicable legal principles
evident and basic as to be beyond
possible margin of error. (Corpus v.
Ochotoresa, A.M. No. RTJ-04-1861,
July 30, 2004).
SECTION 4. Judges shall keep
themselves informed about relevant
developments of international law,
including international conventions and
other instrument establishing human
rights norms. (new provision)
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.
New provision not found in the old judicial
conduct. Judges are required to know of
these things.

-DILIGENCE-
SECTION 5. Judges shall perform all
judicial duties, including the delivery of
reserved decisions, efficiently, fairly and
with reasonable promptness. (partly
based on Canon 6 of the Canons of
Judicial Ethics, Rule 1.02 and Rule 3.05
of the Old Code)
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 to a suit
the enjoyment of their right to the
speedy disposition of their cases.
Section 15, Article VIII of the
Constitution:
Section 15 (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 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
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.
Asa mag start ang three months pag count?
Mag start na once there is an order from the
judge submitting the case for decision.
Example in a civil case. The plaintiff will file
a complaint and the other party will file the
answer. There will be pre-trial. After, there'll
be JDR and if no settlement, the plaintiff
should present evidence. Presentation and
then offer of evidence and it is now the turn
of the defendant. The defendant will now
present the evidence Offer and then the
p a r t i e s w i l l b e re q u i re d t o s u b m i t
memorandum. Thereafter, the judge will
make an order submitting the case for
decision. Once there is that order, mag start
nana ang three months. He has to make a
decision within that period. Otherwise, he
could be subject to liability. Mao na i-audit
sila sa SC every January and June (usually)
of the year. Kung pila ang kaso nga
pending, etc.
If the judge cannot deicde the case within
the period provided under the law then he
has to ask for an extension from the SC. Dili
siya mag buot buot nga i-extend ko lang ni
siya. He has to inform the court for him to
be allowed to render the decision beyond
the period provided under the law.
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, specifically the low-
oncome group, in the judiciary.
That requirement's purpose is to prevent
delay in the administration of justice. You
have the saying, "Justice delayed. Justice
denied." Pwede sad siya "Justice delayed.
Justice paid' (SIR NOOOO)
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. (based on
Rules 3.03, 3.04, 3.08, 3.09 of the Code of
Judicial Conduct)
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.
This is in relation to equality and propriety.
SECTION 7. Judges shall not engage in
conduct incompatible with the diligent
discharge of judicial duties. (new
provision)
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.
Very broad provision. So kung dili siya
maigo sa uban provision, ari siguro siya
maigo since this is a very broad provision of
the new code. Some acts which are not
legal may fall under this.
March 2, 2017 Discussion
Legal Ethics (March 02, 2017)
(Liability of the judge. So on one hand, the
lawyers, they are liable for any misconduct that
they will commit in the performance of their
practice of their profession. So under the rules
of court, it holds there the grounds for
suspension or disbarment. Now, with respect to
judges and justices, if they commit any
misconduct or violation of the new code, then
they are also liable. They can be held liable
administratively, criminally, or civilly for
damages. So there are three kinds of liabilities
that may be imposed against the judge.
The judge in performing his functions, that is
hearing and deciding a case, is not to be held
liable for the decision that he will render. So if
the party will lose the case say for example, in a
civil case, what he should do is file an appeal to
t h e c o u r t o f a p p e a l s a n d n o t fi l e a n
administrative case against the judge. So under
the rules of court, you have there the remedies
available to a party in a criminal case, civil case,
or in a special proceeding.
In a civil case, what you should do is file an
appeal to the CA. Just like also in the criminal
case. You should follow the procedures under
the Rules of Court.)
LIABILITIES OF JUDGES AND 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, deliberate
and malicious, or is incurred with evident bad
faith, or when there is fraud, dishonesty, or
corruption. (So aside from the party while
appealing in the CA, the party could likewise
institute and administrative complaint. Pwede
dunganon).
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 the aggrieved party is not to
file an administrative complaint against the
judge but to elevate the error to a higher
court for review and correction.
Exception to the exception: When the law or
procedure is so elementary, such as the
provisions of the Rules of Court, not to know, or
to act as if one does not know the same,
constitutes gross ignorance of the law, moves(?)
without the complainant having to prove malice
or bad faith.
(The complainant did not even allege bad faith
in that regard. Here, there must be imminent
bad faith or dishonesty or corruption in order for
one to be able to avail of the administrative
complaint.
Here, if your ground is gross ignorance of the
law, you need not allege in your complaint
against the judge before the SC bad faith or
malice because that is enough, gross ignorance
of the law. Again, just like lawyers, judges are
also mandated under the new code to be
consensus in their duties, to study the latest law
and jurisprudence. So as to the administrative
charges against the judge:)
Administrative Charges and Sanctions
They are classified as:
Serious;
Less Serious;
Light Charges. (Sec. 7, Rule 140, ROC)
Administrative Serious Charges
Bribery, direct or indirect;
Dishonesty and violations of the Anti-Graft
and Corrupt Practices Law (R.A. No. 3019);
Gross misconduct constituting violations of
the Code of Judicial Conduct;
Knowingly rendering an unjust judgment or
order as determined by a competent court in
an appropriate proceeding;
Conviction of a crime involving moral
turpitude;
 Willful failure to pay a just debt;
Borrowing money or property from lawyers
and litigants in a case pending before the
court;
Immorality;
Gross ignorance of the law or procedure;
Partisan political activities; and
Alcoholism and/or vicious habits. (Sec. 8,
Rule 140, ROC)
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 the benefits shall in no
case include accrued leave credits; or
Suspension from office without salary and
other benefits for more than three (3) but not
exceeding six (6); or
A fine of more than Php20,000.00 but not
exceeding Php40,000.00. (Sec. 11, Rule
140, ROC)
Administrative Less Serious Charges
Undue delay in rendering a decision or
order, or in transmitting the records of a
case;
Frequent and unjustified absences without
leave or habitual tardiness;
Unauthorized practice of law; (prohibited
from the private practice of law meaning, he
cannot accept clients or file pleadings for
them)
Violation of Supreme Court rules, directives,
and circulars;
Receiving additional or double
compensation unless specifically authorized
by law;
Untruthful statements I the certificate of
service; and
Simple misconduct (Sec. 9, Rule 140, ROC)
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 Php10,000.00 but not
exceeding Php20,000.00 (Sec. 11 (B), Rule
140, ROC)
Administrative Light Charges
Vulgar and unbecoming conduct; (may
involve violations on propriety. He may be
competent and diligent in the performance of
his functions as a judge like punctual in court
proceedings and render decisions in the
time provided for by the law but as a citizen,
he may not be a good person)
Gambling in public; (mahjong sa balay okay
ra pero casino, its very public. Even
government officials are not allowed)
Fraternizing with lawyers and litigants with
pending case/case in his court; and
Undue delay in the submission of monthly
reports. (Sec. 10, Rule 140, ROC)
Administrative Sanctions for Light Charges
A fine of not less than Php1,000.00 but not
exceeding Php10,000.00; and/or
Censure;
Reprimand;
Admonition with warning. I(Sec. 11 (C), Rule
140, ROC)
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 a
wrongful intent, not a mere error of
judgement. For it to exist, there must be
reliable evidence showing that the judicial
acts complained of were in persistent
disregard of well-known legal rules.
I n e f fi c i e n c y i m p l i e s n e g l i g e n c e ,
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. (in violation
of canon in competence and diligence. He
 must be efficient in his work and functions.
He must do his functions in accord with the
provisions of the new code.)
Three (3) Ways of Instituting Administrative
Charges against Judges
(1) Motu proprio by the Supreme Court; or (on
its own, without complainants, can initiate
the complaint if it has knowledge of judges
misconduct)
(2) Upon verified complaint with affidavits of
persons having personal knowledge of the
facts alleged therein or by documents which
may substantiate said allegations; or
(3) Upon an anonymous complaint supported
by public records of indubitable integrity. (ex:
youre a litigant and you have a complaint
but di ka ganahan ma kontrahan.)
(Sec. 1, Rule 140, ROC)
(With respect to lawyers, you can file in the IBP
chapter, IBP national office or with the SC.)
Administrative Procedure on Complaints
against Justices and Judges (Rule 140, ROC)
Institution of Complaint (Sec. 1)
Action on the Complaint (Sec. 2) (if filed in
the SC, the SC can act on its own or it could
designate an investigator, maybe a justice of
the court or judge of the lower court)
Designation of Investigator (Sec. 3)
Hearing (Sec. 4)
Report (Sec. 5) (made by the investigator or
any and that report must be transmitted to
the SC for it approval regarding the
recommendation of the investigator)
Action by the SC (Sec. 6)
Note: Confidentiality of Proceedings (Sec. 12)
until final thereof to protect the reputation of
judges/justices, for it is possible the charge or
charges may be unfounded and malicious. (Just
like disbarment proceedings against lawyers)
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
complaint.
Death of respondent judge will not necessarily
render the administrative case moot and
academic. (for the education of the bench and
the bar and to deter those who are similarly
minded. More so, if it is to clean the name of the
deceased judge.)
Administrative Cases against Justices,
Judges May be Automatically Treated as
Disbarment Cases
Under A.M. No. 02-9-02 SC (September 17,
2001), serious administrative cases against
justices and judges are automatically
converted as disciplinary proceedings them
both as such officials and as members of the
Philippine Bar.
Please see case Samson vs. Caballero,
A.M. No. RTJ-08-2138, August 5, 2009.
(Up to the discretion of the court to treat the
administrative case as that of disbarment case)
Administrative Complain, 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 dishonesty 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. (or even
gross ignorance of the law. Follow the
proceedings in the Rules of Court)
An inquiry into a judges civil, criminal and/or
administrative liability may be made only
after the 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 A.M. No.
03-10-01-SC Resolution Prescribing
Measures to Protect Members of the
Judiciary from Baseless and Unfounded
Administrative Complaints.
Complainant 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
sanctioned as a member of the Bar and as
an officer of the court.
Civil Liabilities under the Civil Code
(1) Article 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) Article 32 directly or indirectly
obstructing, defeating, violating or in any
manner impending or impairing civil
liberties guaranteed by the Constitution.
Art. 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.
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 court
within whose jurisdiction or territory they
exercise the irrespective functions. (they can
acquire after the litigation but not during the
pendency of the case)
(2) Article 739 donations made to a judge,
his wife, descendants and ascendants by
reason of his office are void. (void by reason
of public policy. Akin to bribery. Aside from
the transaction being voided, the judge can
be liable administratively).
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 judgement 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 judgement 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) the he performs any
of the following acts: (i) knowingly renders unjust
interlocutory order or decree, or (ii) renders a
manifestly unjust interlocutory order or decree
through inexcusable negligence or ignorance.
(4) Art. 207 Malicious delay in the
administration of justice.
The elements of the crime are: (a) that
the offender is a judge; (b) that there is a
proceeding in his 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 deliberate intent to inflict damage on
either party in the case.
Misfeasance under the 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 through manifest partiality,
evident bad faith and gross inexcusable
negligence.
(if you remember, with respect to lawyers, the
decision of the court is for the disbarment en
banc. With respect to judges, it depends on the
penalty whether the SC will sit en banc or by
division)

Resolution of Administrative Cases against

Judges & Justices
(1) If the penalty impose upon a judge is more
than 1 year suspension or a fine of more
than Php10,000.00 or both, the
administrative case shall be decided by the
Supreme Court en banc.
(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, that decision shall be en banc.

Note: Vote Required in the Supreme Court for

the Removal of Judges. Sec. 11, Art. VIII of the
Constitution provides:
The Supreme Court en banc shall have the
power to discipline judges of lower courts, or
order their dismissal by a vote of a majority of
the members who actually took part in the
deliberations on the issues in the case and
voted thereon.

(with respect to the SC, they do not follow the

Rules under Rule 140 and admin complaint
against judges kay lahi man jud na cla. They
have a different procedure, impeachment
process. Until and unless they are impeached,
they cannot be removed from office and cannot
be subject to disbarment and suspension)

Power and Liabilities of Members of the

Supreme Court
(a) The Supreme Court has administrative
supervision over all courts and 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 rules on
impeachment (par. 8, Sec. 3, Art. XI,
Constitution).