GESAL MARIE ARNOZA

LLB-3
H.
ATTORNEYS & ADMISSION TO BAR
Rule 138
Sec. 2. Requirements for all applicants for admission to the bar. - Every applicant for admission as a
member of the bar must be a citizen of the Philippines, at least twenty-one years of ae, of ood moral
character, and a resident of the Philippines! and must produce before the Supreme "ourt satisfactory
evidence of ood moral character, and that no chares aainst him, involvin moral turpitude, have been
filed or are pendin in any court in the Philippines.
Sec. #. $dditional requirements for other applicants. - $ll applicants for admission other than those
referred to in the two precedin sections shall, before bein admitted to the e%amination, satisfactorily
show that they have reularly studied law for four years, and successfully completed all prescribed
courses, in a law school or university, officially approved and reconized by the Secretary of Education.
&he affidavit of the candidate, accompanied by a certificate from the university or school of law, shall be
filed as evidence of such facts, and further evidence may be required by the court.
'o applicant shall be admitted to the bar e%aminations unless he has satisfactorily completed the
followin courses in a law school or university duly reconized by the overnment( civil law, commercial
law, remedial law, criminal law, public and private international law, political law, labor and social
leislation, medical )urisprudence, ta%ation and leal ethics.
*. RE( $PP+,"$&,-' .-R /$R $01,SS,-' 2 3,"E'&E "4,'56 /1 7 89:
Republic of the Philippines
SUPREME COURT
1anila
E' /$'"

BAR MATTER No. 91 O!"o#e$ 1% 1999
RE& APPLICATION 'OR ADMISSION TO THE PHILIPPINE BAR%
vs.
(ICENTE D. CHING% applicant.
R E S - + ; & , - '

)APUNAN% J.:
"an a leitimate child born under the 98*# "onstitution of a .ilipino mother and an alien father validly
elect Philippine citizenship fourteen 29:6 years after he has reached the ae of ma)ority< &his is the
question souht to be resolved in the present case involvin the application for admission to the
Philippine /ar of 3icente 0. "hin.
&he facts of this case are as follows(
3icente 0. "hin, the leitimate son of the spouses &at "hin, a "hinese citizen, and Prescila $. 0ulay, a
.ilipino, was born in .rancia =est, &ubao, +a ;nion on 99 $pril 98>:. Since his birth, "hin has resided
in the Philippines.
-n 9? @uly 988A, "hin, after havin completed a /achelor of +aws course at the St. +ouis ;niversity in
/auio "ity, filed an application to taBe the 988A /ar E%aminations. ,n a Resolution of this "ourt, dated 9
September 988A, he was allowed to taBe the /ar E%aminations, sub)ect to the condition that he must
submit to the "ourt proof of his Philippine citizenship.
,n the present case, "hin, havin been born on 99 $pril 98>:, was already thirty-five 2*#6 years old
when he complied with the requirements of ".$. 'o. >2# on 9# @une 9888, or over fourteen 29:6 years
after he had reached the ae of ma)ority. /ased on the interpretation of the phrase Cupon reachin the ae
of ma)ority,C "hinDs election was clearly beyond, by any reasonable yardsticB, the allowable period
within which to e%ercise the privilee. ,t should be stated, in this connection, that the special
circumstances invoBed by "hin, i.e., his continuous and uninterrupted stay in the Philippines and his
bein a certified public accountant, a reistered voter and a former elected public official, cannot vest in
him Philippine citizenship as the law specifically lays down the requirements for acquisition of Philippine
citizenship by election.
0efinitely, the so-called special circumstances cannot constitute what "hin erroneously labels as
informal election of citizenship. "hin cannot find a refue in the case of In re( Florencio Mallare,
9#
the
pertinent portion of which reads(
&he "ourt, liBe the -S5, is sympathetic with the pliht of "hin. 4owever, even if we consider the
special circumstances in the life of "hin liBe his havin lived in the Philippines all his life and his
consistent belief that he is a .ilipino, controllin statutes and )urisprudence constrain us to disaree with
the recommendation of the -S5. "onsequently, we hold that "hin failed to validly elect Philippine
citizenship. T*e +,-. o/ /ou$"ee. 011 2e-$+ "*-" l-,+e3 /$o4 "*e "54e *e $e-!*e3 "*e -6e o/ 4-7o$5"2
u."5l *e /5.-ll2 e8,$e++e3 *5+ 5."e."5o. "o ele!" P*5l5,,5.e !5"59e.+*5, 5+ !le-$l2 :-2 #e2o.3 "*e
!o."e4,l-"5o. o/ "*e $e;u5$e4e." o/ ele!"5.6 <u,o. $e-!*5.6 "*e -6e o/ 4-7o$5"2.< Mo$eo=e$%
C*5.6 *-+ o//e$e3 .o $e-+o. :*2 *e 3el-2e3 *5+ ele!"5o. o/ P*5l5,,5.e !5"59e.+*5,. &he prescribed
procedure in electin Philippine citizenship is certainly not a tedious and painstaBin process. $ll that is
required of the elector is to e%ecute an -//53-=5" o/ ele!"5o. o/ P*5l5,,5.e !5"59e.+*5, and, thereafter, file
the same with the nearest civil reistry. "hinDs unreasonable and une%plained delay in maBin his
election cannot be simply lossed over.
Philippine citizenship can never be treated liBe a commodity that can be claimed when needed and
suppressed when convenient.
2E
-ne who is privileed to elect Philippine citizenship has only an inchoate
riht to such citizenship. $s such, he should avail of the riht with fervor, enthusiasm and promptitude.
Sadly, in this case, "hin slept on his opportunity to elect Philippine citizenship and, as a result. this
olden privilee slipped away from his rasp.
,' 3,E= -. &4E .-RE5-,'5, the "ourt Resolves to 0E'F 3icente 0. "hinDs application for
admission to the Philippine /ar.
,. REG;,S,&ES .-R /$R $01,SS,-'
:. $5;,RRE 3S R$'$ /1 7 9E*>, >H9EH2EE*
Republic of the Philippines
SUPREME COURT
1anila
E' /$'"
B. M. No. 1>3? @u.e 1>% A>>3
DONNA MARIE S. AGUIRRE% "omplainant,
vs.
EDBIN L. RANA% Respondent.
0 E " , S , - '
CARPIO% J.:
The Case
/efore one is admitted to the Philippine /ar, he must possess the requisite moral interity for membership
in the leal profession. Possession of moral interity is of reater importance than possession of leal
learnin. &he practice of law is a privilee bestowed only on the morally fit. $ bar candidate who is
morally unfit cannot practice law even if he passes the bar e%aminations.
The Facts
Respondent Edwin +. Rana 2CrespondentC6 was amon those who passed the 2EEE /ar E%aminations.
-n 29 1ay 2EE9, one day before the scheduled mass oath-taBin of successful bar e%aminees as members
of the Philippine /ar, complainant 0onna 1arie $uirre 2CcomplainantC6 filed aainst respondent a
Petition for 0enial of $dmission to the /ar. "omplainant chared respondent with unauthorized practice
of law, rave misconduct, violation of law, and rave misrepresentation.
OBCs Report and Recommendation
&he -/" found that respondent indeed appeared before the 1/E" as counsel for /unan in the 1ay 2EE9
elections. &he minutes of the 1/E" proceedins show that respondent actively participated in the
proceedins. &he -/" liBewise found that respondent appeared in the 1/E" proceedins even before he
tooB the lawyerIs oath on 22 1ay 2EE9. &he -/" believes that respondentIs misconduct casts a serious
doubt on his moral fitness to be a member of the /ar. &he -/" also believes that respondentIs
unauthorized ,$-!"5!e o/ l-: 5+ - 6$ou.3 "o 3e.2 *5+ -345++5o. to the practice of law. &he -/"
therefore recommends that respondent be denied admission to the Philippine /ar.
-n the other chares, -/" stated that complainant failed to cite a law which respondent alleedly
violated when he appeared as counsel for /unan while he was a overnment employee. Respondent
resined as secretary and his resination was accepted. +iBewise, respondent was authorized by /unan to
represent him before the 1/E".
The Courts Ruling
=e aree with the findins and conclusions of the -/" that respondent enaed in the unauthorized
practice of law and thus does not deserve admission to the Philippine /ar.
Respondent tooB his oath as lawyer on 22 1ay 2EE9. 4owever, the records show that respondent
appeared as counsel for /unan prior to 22 1ay 2EE9, before respondent tooB the lawyerIs oath. ,n the
pleadin entitled .ormal -b)ection to the ,nclusion in the "anvassin of 3otes in Some Precincts for the
-ffice of 3ice-1ayor dated 98 1ay 2EE9, respondent sined as Ccounsel for 5eore /unan.C ,n the first
pararaph of the same pleadin respondent stated that he was the C2;6ndersined "ounsel for, and in
behalf of 3ice 1ayoralty "andidate, 5E-R5E &. /;'$'.C /unan himself wrote the 1/E" on 9: 1ay
2EE9 that he had Cauthorized $tty. Edwin +. Rana as his counsel to represent himC before the 1/E" and
similar bodies.
-n 9: 1ay 2EE9, mayoralty candidate Emily Estipona-4ao also CretainedC respondent as her counsel. -n
the same date, 9: 1ay 2EE9, Erly 0. 4ao informed the 1/E" that C$tty. Edwin +. Rana has been
authorized by RE.-R1$ +1-PP" as the leal counsel of the party and the candidate of the said party.C
Respondent himself wrote the 1/E" on 9: 1ay 2EE9 that he was enterin his Cappearance as counsel
for 1ayoralty "andidate Emily Estipona-4ao and for the RE.-R1$ +1-PP".C -n 98 1ay 2EE9,
respondent sined as counsel for Estipona-4ao in the petition filed before the 1/E" prayin for the
proclamation of Estipona-4ao as the winnin candidate for mayor of 1andaon, 1asbate.
$ll these happened even before respondent tooB the lawyerIs oath. "learly, respondent enaed in the
practice of law without bein a member of the Philippine /ar.
,n Philippine +awyers $ssociation v. $rava,
9
the "ourt elucidated that(
&he practice of law is not limited to the conduct of cases or litigation in court! it embraces the preparation
of pleadins and other papers incident to actions and special proceedins, the manaement of such actions
and proceedins on behalf of clients before )udes and courts, and in addition, conveyancin. ,n eneral,
all advice to clients, and all action taBen for them in matters connected with the law, incorporation
services, assessment and condemnation services contemplatin an appearance before a )udicial body, the
foreclosure of a mortae, enforcement of a creditorDs claim in banBruptcy and insolvency proceedins,
and conductin proceedins in attachment, and in matters of estate and uardianship have been held to
constitute law practice, as do the preparation and draftin of leal instruments, where the work done
involves the determination ! the trained legal mind of the legal effect of facts and conditions. 2# $m. @ur.
p. 2>2, 2>*6. 2,talics supplied6 % % %
,n Cayetano v. Monsod,
2
the "ourt held that Cpractice of lawC means any activity, in or out of court,
which requires the application of law, leal procedure, Bnowlede, trainin and e%perience. &o enae in
the practice of law is to perform acts which are usually performed by members of the leal profession.
5enerally, to practice law is to render any Bind of service which requires the use of leal Bnowlede or
sBill.
3erily, respondent was enaed in the practice of law when he appeared in the proceedins before the
1/E" and filed various pleadins, without license to do so. Evidence clearly supports the chare of
unauthorized practice of law. Respondent called himself CcounselC Bnowin fully well that he was not a
member of the /ar. 4avin held himself out as CcounselC Bnowin that he had no authority to practice
law, respondent has shown moral unfitness to be a member of the Philippine /ar.
*
&he riht to practice law is not a natural or constitutional riht but is a privilee. ,t is limited to persons of
ood moral character with special qualifications duly ascertained and certified. &he e%ercise of this
privilee presupposes possession of interity, leal Bnowlede, educational attainment, and even public
trust
:
since a lawyer is an officer of the court. $ bar candidate does not acquire the riht to practice law
simply by passin the bar e%aminations. &he practice of law is a privilee that can be withheld even from
one who has passed the bar e%aminations, if the person seeBin admission had practiced law without a
license.
#
&he reulation of the practice of law is unquestionably strict. ,n Beltran, Jr. v. Abad,
>
a candidate passed
the bar e%aminations but had not taBen his oath and sined the Roll of $ttorneys. 4e was held in
contempt of court for practicin law even before his admission to the /ar. ;nder Section * 2e6 of Rule ?9
of the Rules of "ourt, a person who enaes in the unauthorized practice of law is liable for indirect
contempt of court.
?
&rue, respondent here passed the 2EEE /ar E%aminations and tooB the lawyerIs oath."#wphi" 4owever, it
is the sinin in the Roll of $ttorneys that finally maBes one a full-fleded lawyer. &he fact that
respondent passed the bar e%aminations is immaterial. Passin the bar is not the only qualification to
become an attorney-at-law.
A
Respondent should Bnow that two essential requisites for becomin a lawyer
still had to be performed, namely( his lawyerIs oath to be administered by this "ourt and his sinature in
the Roll of $ttorneys.
8
-n the chare of violation of law, complainant contends that the law does not allow respondent to act as
counsel for a private client in any court or administrative body since respondent is the secretary of the
Sanunian /ayan.
Respondent tendered his resination as secretary of the Sanunian /ayan prior to the acts complained
of as constitutin unauthorized practice of law. ,n his letter dated 99 1ay 2EE9 addressed to 'apoleon
Relo%, vice- mayor and presidin officer of the Sanunian /ayan, respondent stated that he was
resinin Ceffective upon your acceptance.C
9E
3ice-1ayor Relo% accepted respondentIs resination
effective 99 1ay 2EE9.
99
&hus, the evidence does not support the chare that respondent acted as counsel
for a client while servin as secretary of the Sanunian /ayan.
-n the chare of rave misconduct and misrepresentation, evidence shows that /unan indeed authorized
respondent to represent him as his counsel before the 1/E" and similar bodies. =hile there was no
misrepresentation, respondent nonetheless had no authority to practice law.
BHERE'ORE, respondent Edwin +. Rana is 0E',E0 admission to the Philippine /ar.
Reference( http(HHwww.scribd.comHdocH?AA9*A?EH+eal-Ethics-"ase-0iest-9
http(HHwww.scribd.comHdocH?AA9*A?EH+eal-Ethics-"ase-0iest-9
#. Romulo villa vs. @unel anthony ama, bar matter no. >?:, E>H9:H2EE#
.acts( on april 9#, 2EE#,)unel anthony d. $ma filed a petition for admission in the bar assuccessful
passers of the 9882 bar e%am.the said petitioner toether with the other member of the auila leis
fraternity of ateneo de manila university was implicated andcriminally chared with the death of )ose
villa.an amended information for serious physical in)ury was filed in mtc caloocan city aainst the
petitioner and another case of homicide in rtc caloocan city.on april 9>, 988*,the father of the victim filed
a petition prayin that the petitioner be disallowed from taBin lawyerJs oath and sinin the roll of
attorneys pendin final )udment of the case filed aainst him.on february A, 988>, the
mtc acquitted him while the rtc rendered a uilty decision throuh conspiracy.the rtc decision was
appealed in the ca and the latter set aside the lower courts decision renderin a uilty decision on sliht
physical in)ury under art.2>> of rpc. he was orderedto pay a *E thousand pesos )ointly with the other
accused as indemnity.instead of servin the 2E day imprisonment,he apply for probation of rtc caloocan
which ranted him and terminatin the case.
,ssue( is the offense considered as rave violation of the moral sentiment of thecommunity<or crime of
moral turpitude<
Rulin( no,the court rant the petition of )unel anthony d. $ma.he is hereby allowed totaBe the lawyerJs
oath and sin the roll of attorneys.the crime for which the petitoner was convicted was a liht offense and
cannot be considered as rave vioaltion of the moral sentiment of the people and certainly not a crime
involvin moral turpitude.
$dm. "ase no.:?:8 )an. 2E, 2EE9
Soliman m. Santos )r.,complainant3s.$tty. .rancisco r. +lamas,respondent
.acts( complainant filed a case of misrepresentation and non payment of bar membership dues aainst the
respondent.this is in relation to the latterJs pleadins which indicates only Kibp rizal 2#8E>EL of which he
customarily done in * years without even indicatin the proper ptr and ibp o.r. nos. $nd place of issuance
in his pleadins.thismatter is bein brouht in the conte%t of rule 9*A section 9 which states that only a
dulyadmitted in the bar who is in ood and reular standin is entiltled to practice law.thecomplainant
capitalizes on the fact that respondent has been delinquent in his dues.therespondent on the other
hand,stresses his bein a senior citizen which under the e%empthim from payin income ta% and also
further arued that since 9882,he had only a limited practice of law and his principal occupation is in
farmin.,ssue( is the act of the respondent in his plaeadins constitute misrepresentation to the public and
misleadin the court<Rulin( the court areed to the recommendation of the ibp.its indication of the
pleadin by the wordLibp-rizal2#8E>ELis tantamount to misrepresentation as well as misleadin
the court and a clear violation of the code of professional responsibility.his failure to payhis dues and
misrepresentation to the court,merit the most severe penalty.however,inview of his advanced ae, and
willinness to pay his dues and plea,the court resolved toimposed a penalty of suspension of practice of
law for one year or until he has paid hisdues whichever is later is appropriate.
/.m.no.9>?A, dec. 9?, 2EE?
Petition for leave to resume practice of law,
/en)amin m. 0acanay, petitioner
.acts( petitioner was admitted to the bar in march 98>E.he practiced law until hemirated to canada in
december 988A.he subsequently applied for canadian citizenshipand eventually approved in may 2EE:.on
)uly 9:, 2EE> pursuant to ra 822#,pettioner reacquired his philippine citizenship,on that day also he tooB
his oath of alleiance to the philippines.thereafter, he returned to the philippines and intend to resume his
law practice.
,ssue( may a lawyer who has lost his filipino citizenship still practice law in the philippines<
Rulin( no.since filipino citizenship is a requirement for admission to the bar,loss thereof terminates
membership in the philippine bar and, consequently,the privilee to enae inthe practice of law.the
practice of law is a privilee denied to foreiner.the court alsostated the rules and condition to be meted
out in attorneys and admission to the bar,citinsection 2 of rule 9*A of the rules of court.the petition was
ranted sub)ect to thecompliance of the conditions set forth in the rules of court
E' /$'"
M$.". 'o. #9#9. -ctober 98, 2EE:N
PE0R- 5. &-+E'&,'-, R-1E- 1. +$F5-, S-+-1-' 1. +;1$+$'5, SR., 1E+,&-' 0.
E3$'5E+,S&$, SR., and 'E+S-' /. 1E+5$R, complainants, vs. $&&F. '-R/ER&- 1.
1E'0-O$, respondent.
R E S - + ; & , - '
$;S&R,$-1$R&,'EO, @.(
/efore us is a complaint filed by Pedro 5. &olentino, Romeo 1. +ayo, Solomon 1. +umalan, Sr.,
1eliton 0. Evanelista, Sr., and 'elson /. 1elar aainst $tty. 'orberto 1. 1endoza for 5rossly
,mmoral "onduct and 5ross 1isconduct.
"omplainants allee in their $ffidavit-"omplaint that respondent, a former 1unicipal &rial "ourt @ude,
abandoned his leal wife, .elicitas 3. 3alderia in favor of his paramour, 1arilyn dela .uente, who is, in
turn, married to one Ramon 5. 1arcos! respondent and 1arilyn dela .uente have been cohabitin openly
and publicly as husband and wife in /ry. Estrella, 'au)an, -riental 1indoro! respondent had fathered
two children by his paramour 1arilyn dela .uente! respondent and 1arilyn dela .uente declared in the
birth certificates of their two dauhters that they were married on 1ay 92, 98A>, maBin it appear that
their two children are leitimate, while in respondentIs "ertificate of "andidacy filed with the
"-1E+E" durin the 988# elections, respondent declared that his wife is .elicitas 3. 3alderia! in
respondentIs certificate of candidacy for the 988A elections, he declared his civil status as separated! such
declarations in the birth certificates of his children and in his certificate of candidacy are acts constitutin
falsification of public documents! and respondentIs acts betray his lacB of ood moral character and
constitute rounds for his removal as a member of the bar.
.
/y and lare the evidence of complainants consistin of the testimonies of witnesses 'elson 1elar and
Ro4eo L-26o% -.3 !o$$o#o$-"e3 #2 "*e 3o!u4e."-$2 e8*5#5"+ :5ll +*o: "*-" 5.3ee3 $e+,o.3e." *-+
#ee. !o*-#5"5.6 ,u#l5!l2 :5"* - !e$"-5. M-$5l2. 3e l- 'ue."e :*o 5+ .o" *5+ :5/e -.3 "*-" ou" o/ +-53
!o*-#5"-"5o. $e+,o.3e." +5$e3 ":o !*5l3$e.. &hese facts we repeat have not been denied by respondent
under oath since he chose to )ust arue on the basis of the improper motivations and the inadmissibility,
hearsay and self-servin nature of the documents presented. "omplainants have presented evidence
sufficient enouh to convince us that indeed respondent has been cohabitin publicly with a person who
is not his wife. &he evidence taBen toether will support the fact that respondent is not of ood moral
character. &hat respondent chose not to deny under oath the rave and serious alleations made aainst
him is to our mind his undoin and his silence has not helped his position before the "ommission. $s
between the documents and positive statements of complainants, made under oath and the aruments and
comments of respondent submitted throuh his lawyers, which were not verified under oath by
respondent himself, we are inclined and so ive weiht to the evidence of complainants. &he direct and
forthriht testimonies and statements of 'elson 1elar and Romeo +ayo that respondent was openly
cohabitin with 1arilyn de la .uente is not hearsay. &he witnesses may have admitted that respondent
1endoza did not tell them that a certain 1arilyn de la .uente was his paramour 2for why would
respondent admit that to complainants6 but the witnesses did state clearly in their affidavits under oath
that respondent was cohabitin with 1arilyn de la .uente who is not respondentIs wife. $ain their
cateorical statements taBen toether with the other documents, are enouh to convince us and conclude
that respondent is not of ood moral character.
1embers of the /ar have been repeatedly reminded that possession of ood moral character is a
continuin condition for membership in the /ar in ood standin. &he continued possession of ood
moral character is a requisite condition for remainin in the practice of law M1ortel vs. $spiras 9EE Phil.
#A> 298#>6! "ordova vs. "ordova 9?8 S"R$ >AE 298A86! People vs. &uanda 9A9 S"R$ >A2 2988E6N.
&he moral delinquency that affects the fitness of a member of the bar to continue as such includes
conduct that outraes the enerally accepted moral standards of the community, conduct for instance,
which maBes PmocBery of the inviolable social institution of marriaeQ M1i)ares vs. 3illaluz 2?: S"R$ 9
2988?6N.
,n the instant case respondent has disrearded and made a mocBery of the fundamental institution of
marriae. Respondent in fact even so stated in E%hibit P.Q that he is separated from his wife. &his fact
and statement without any further e%planation from respondent only contributes to the blot in his moral
character which ood moral character we repeat is a continuin condition for a member to remain in ood
standin. ;nder Rule 9.E9 of the "ode of Professional Responsibility, a lawyer shall not enae in
unlawful, dishonest, immoral or deceitful conduct. Respondent has violated this rule aainst enain in
immoral conduct.
=e aree, as cited by the respondent, with the pronouncement made in Santos vs. 0ischoso, A: S"R$
>22 298?A6 that courts should not be used by private persons particularly disruntled opponents to vent
their rancor on members of the /ar throuh un)ust and unfounded accusations. 4owever, in the instant
case the chares can hardly be considered as unfounded or un)ust based on the evidence presented. &he
evidence presented shows that respondent no loner possess 2sic6 that ood moral character necessary as a
condition for him to remain a member of the /ar in ood standin. 4e is therefore not entitled to
continue to enae in the practice of law.
=e find such report and recommendation of the ,/P to be fully supported by the pleadins and evidence
on record, and, hence, approve and adopt the same.
&he evidence presented by complainants reach that quantum of evidence required in administrative
proceedins which is only substantial evidence, or that amount of relevant evidence that a reasonable
mind miht accept as adequate to support a conviction.M92N
=itness 1elarIs testimony that respondent had been publicly introducin 1arilyn dela .uente as his
wife is corroborated by the contents of an article in the 'au)anews, introducin respondent as one of
'au)anIs public servants, and statin therein that respondent has been blessed with two beautiful children
with his wife, 1arilyn dela .uente.M9*N ,t should be noted that said publication is under the control of
respondent, he bein the "hairman of the /oard thereof. &hus, it could be reasonably concluded that if he
contested the truth of the contents of sub)ect article in the 'au)anews, or if he did not wish to publicly
present 1arilyn dela .uente as his wife, he could have easily ordered that the damnin portions of said
article to be edited out.
3erily, the facts stated in the birth certificates of 1ara Rhrisna "harmina dela .uente 1endoza and
1yrra Rhrisna 'ormina dela .uente 1endoza and respondentIs "ertificate of "andidacy dated 1arch 8,
988# wherein respondent himself declared he was married to .elicitas 3alderia, were never denied nor
rebutted by respondent. 4ence, said public documents sufficiently prove that he fathered two children by
1arilyn dela .uente despite the fact that he was still leally married to .elicitas 3alderia at that time.
,n /ar 1atter 'o. 99#:,M9?N ood moral character was defined thus(
. . . ood moral character is what a person really is, as distinuished from ood reputation or from the
opinion enerally entertained of him, the estimate in which he is held by the public in the place where he
is Bnown. 1oral character is not a sub)ective term but one which corresponds to ob)ective reality. &he
standard of personal and professional interity is not satisfied by such conduct as it merely enables a
person to escape the penalty of criminal law.
,n Oauirre vs. "astillo,M9AN we reiterated the definition of immoral conduct, to wit(
. . . that conduct which is so willful, flarant, or shameless as to show indifference to the opinion of
ood and respectable members of the community. .urthermore, such conduct must not only be immoral,
but rossly immoral. &hat is, it must be so corrupt as to constitute a criminal act or so unprincipled as to
be reprehensible to a hih deree or committed under such scandalous or revoltin circumstances as to
shocB the common sense of decency.
,n the above-quoted case, we pointed out that a member of the /ar and officer of the court is not only
required to refrain from adulterous relationships or the Beepin of mistresses but must also behave
himself as to avoid scandalizin the public by creatin the belief that he is floutin those moral standards
and, thus, ruled that sirin a child with a woman other than his wife is a conduct way below the standards
of morality required of every lawyer.M98N
=e must rule in the same wise in this case before us. &he fact that respondent continues to publicly and
openly cohabit with a woman who is not his leal wife, thus, sirin children by her, shows his lacB of
ood moral character. Respondent should Beep in mind that the requirement of ood moral character is
not only a condition precedent to admission to the Philippine /ar but is also a continuin requirement to
maintain oneIs ood standin in the leal profession.M2EN ,n $ldovino vs. Pu)alte, @r.,M29N we emphasized
that(
&his "ourt has been e%actin in its demand for interity and ood moral character of members of the /ar.
&hey are e%pected at all times to uphold the interity and dinity of the leal profession and refrain from
any act or omission which miht lessen the trust and confidence reposed by the public in the fidelity,
honesty, and interity of the leal profession. 1embership in the leal profession is a privilee. $nd
whenever it is made to appear that an attorney is no loner worthy of the trust and confidence of the
public, it becomes not only the riht but also the duty of this "ourt, which made him one of its officers
and ave him the privilee of ministerin within its /ar, to withdraw the privilee.
=4ERE.-RE, respondent $tty. 'orberto 1. 1endoza is hereby found 5;,+&F of immorality, in
violation of Rule 9.E9 of the "ode of Professional Responsibility. 4e is S;SPE'0E0 ,'0E.,',&E+F
from the practice of law until he submits satisfactory proof that he has abandoned his immoral course of
conduct.
+et a copy of this resolution be served personally on respondent at his last Bnown address and entered in
his record as attorney. +et the ,/P, the /ar "onfidant, and the "ourt $dministrator be furnished also a
copy of this resolution for their information and uidance as well as for circularization to all courts in the
country.
S- -R0ERE0.
0avide, @r., ".@., Puno, Pananiban, Guisumbin, Fnares-Santiao, Sandoval-5utierrez, "arpio, "orona,
"arpio-1orales, "alle)o, Sr., &ina, "hico-'azario, and 5arcia, @@., concur.
$zcuna, @., on leave.
@. 0;&,ES -. &4E -..,"E -. $ +$=FER
Section 2E Rule 9*A of the Rules of "ourt( +awyerIs -ath
Sec. 2E. 0uties of attorneys. - ,t is the duty of an attorney(chanroblesvirtuallawlibrary
2a6 &o maintain alleiance to the Republic of the Philippines and to support the "onstitution and obey the
laws of the Philippines!
2b6 &o observe and maintain the respect due to the courts of )ustice and )udicial officers!
2c6 &o counsel or maintain such actions or proceedins only as appear to him to be )ust, and such defenses
only as he believes to be honestly debatable under the law!
2d6 &o employ, for the purpose of maintainin the causes confided to him, such means only as are
consistent with truth and honor, and never seeB to mislead the )ude or any )udicial officer by an artifice
or false statement of fact or law!
2e6 &o maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client,
and to accept no compensation in connection with his clientDs business e%cept from him or with his
Bnowlede and approval!
2f6 &o abstain from all offensive personality and to advance no fact pre)udicial to the honor or reputation
of a party or witness, unless required by the )ustice of the cause with which he is chared!
26 'ot to encourae either the commencement or the continuance of an action or proceedin, or delay
any manDs cause, from any corrupt motive or interest!
2h6 'ever to re)ect, for any consideration personal to himself, the cause of the defenseless or oppressed!
2i6 ,n the defense of a person accused of crime, by all fair and honorable means, reardless of his personal
opinion as to the uilt of the accused, to present every defense that the law permits, to the end that no
person may be deprived of life or liberty, but by due process of law.
,, +eal Ethics, 1eanin booB pae 9
Sources( pae 2
,,, "-0E -. PR-.ESS,-'$+ RESP-'S,/,+,&F
$. +$=FERIS 0;&F &- S-",E&F
$.9. "$'-' 9-
"-0E -. PR-.ESS,-'$+ RESP-'S,/,+,&F
2Promulated @une 29, 98AA6

"4$P&ER ,. &4E +$=FER $'0 S-",E&F
"$'-' 9 - $ +$=FER S4$++ ;P4-+0 &4E "-'S&,&;&,-', -/EF &4E +$=S -.
&4E +$'0 $'0 PR-1-&E RESPE"& .-R +$= -. $'0 +E5$+ PR-"ESSES.
Rule 9.E9 - $ lawyer shall not enae in unlawful, dishonest, immoral or deceitful conduct.
Rule 9.E2 - $ lawyer shall not counsel or abet activities aimed at defiance of the law or at
lessenin confidence in the leal system.
Rule 9.E* - $ lawyer shall not, for any corrupt motive or interest, encourae any suit or
proceedin or delay any manDs cause.
Rule 9.E: - $ lawyer shall encourae his clients to avoid, end or settle a controversy if it will
admit of a fair settlement.
See ( $1 7 E2-A-9*-S"
Republic of the Philippines
SUPREME COURT
1anila
A.M. No. >A-8-13-SC 'e#$u-$2 19% A>>8
RE& A>> RULES ON NOTARIAL PRACTICE -
&he "ourt Resolved, upon the recommendation of the Sub "ommittee on the Revision of the Rules
5overnin 'otaries Public, to $1E'0 Sec. 92 2a6. Rule ,, of the 2EE: Rules on 'otarial Practice, to wit(
SirsH1esdames(
$uoted hereunder, for !our information, is a resolution of the Court %n Banc dated February 19, 2008.
C$.1. 'o. E2-A-9*-S"-Re( 2EE: Rules on 'otarial Practice. S &he "ourt Resolved, upon the
recommendation of the Sub "ommittee on the Revision of the Rules 5overnin 'otaries Public,
to $1E'0 Sec. 92 2a6. Rule ,, of the 2EE: Rules on 'otarial Practice, to wit(
Rule II
0E.,',&,-'S
%%%
CSec. 92. "omponent Evidence of ,dentity. &he phrase Ccompetent evidence of identityC refers to
the identification of an individual based on(
2a6 at least one current identification document issued by an official aency bearin the
photoraph and sinature of the individual, such as but not limited to, passport, driverIs
license, Professional Reulations "ommission ,0, 'ational /ureau of ,nvestiation
clearance, police clearance, postal ,0, voterIs ,0, /aranay certification, 5overnment
Service and ,nsurance System 25S,S6 e-card, Social Security System 2SSS6 card,
Philhealth card, senior citizen card, -verseas =orBers =elfare $dministration 2-==$6
,0, -.= ,0, seamanIs booB, alien certificate of reistrationHimmirant certificate of
reistration, overnment office ,0, certification from the 'ational "ouncil for the
=elfare of 0isable Persons 2'"=0P6, 0epartment of Social =elfare and 0evelopment
20S=06 certification! or
2b6 %%%%.C
Guisumbin, @., on official leave. Fnares-Santiao, @., on leave.
2adv92?a6

3ery truly yours.
1$. +;,S$ 0. 3,++$R$1$ 2sd6
"lerB of "ourt
E' /$'"
$.1. 'o. E2-A-9*-S"
RES-+;&,-'
$ctin on the compliance dated E# @uly 2EE: and on the proposed Rules on 'otarial Practice of 2EE:
submitted by the Sub-"ommittee for the Study, 0raftin and .ormulation of the Rules 5overnin the
$ppointment of 'otaries Public and the Performance and E%ercise of &heir -fficial .unctions, of the
"ommittees on Revision of the Rules of "ourt and on +eal Education and /ar 1atters, the "ourt
Resolved to $PPR-3E the proposed Rules on 'otarial Practice of 2EE:, with modifications, thus(
2EE: Rules on 'otarial Practice
R;+E , ( ,1P+E1E'&$&,-'
SE"&,-' 9. &itle. - &hese Rules shall be Bnown as the 2EE: Rules on 'otarial Practice.
SE". 2. Purposes. - &hese Rules shall be applied and construed to advance the followin purposes(
2a6 to promote, serve, and protect public interest!
2b6 to simplify, clarify, and modernize the rules overnin notaries public! and
2c6 to foster ethical conduct amon notaries public.
SE". *. ,nterpretation. - ;nless the conte%t of these Rules otherwise indicates, words in the sinular
include the plural, and words in the plural include the sinular.
R;+E ,, ( 0E.,',&,-'S
SE"&,-' 9. $cBnowledment. - C$cBnowledmentC refers to an act in which an individual on a sinle
occasion(
2a6 appears in person before the notary public and presents an interally complete instrument or
document!
2b6 is attested to be personally Bnown to the notary public or identified by the notary public throuh
competent evidence of identity as defined by these Rules! and
2c6 represents to the notary public that the sinature on the instrument or document was voluntarily
affi%ed by him for the purposes stated in the instrument or document, declares that he has e%ecuted the
instrument or document as his free and voluntary act and deed, and, if he acts in a particular
representative capacity, that he has the authority to sin in that capacity.
SE". 2. $ffirmation or -ath. - &he term C$ffirmationC or C-athC refers to an act in which an individual
on a sinle occasion(
2a6 appears in person before the notary public!
2b6 is personally Bnown to the notary public or identified by the notary public throuh competent
evidence of identity as defined by these Rules! and
2c6 avows under penalty of law to the whole truth of the contents of the instrument or document.
SE". *. "ommission. - C"ommissionC refers to the rant of authority to perform notarial acts and to the
written evidence of the authority.
SE". :. "opy "ertification. - C"opy "ertificationC refers to a notarial act in which a notary public(
2a6 is presented with an instrument or document that is neither a vital record, a public record, nor publicly
recordable!
2b6 copies or supervises the copyin of the instrument or document!
2c6 compares the instrument or document with the copy! and
2d6 determines that the copy is accurate and complete.
SE". #. 'otarial Reister. - C'otarial ReisterC refers to a permanently bound booB with numbered paes
containin a chronoloical record of notarial acts performed by a notary public.
SE". >. @urat. - C@uratC refers to an act in which an individual on a sinle occasion(
2a6 appears in person before the notary public and presents an instrument or document!
2b6 is personally Bnown to the notary public or identified by the notary public throuh competent
evidence of identity as defined by these Rules!
2c6 sins the instrument or document in the presence of the notary! and
2d6 taBes an oath or affirmation before the notary public as to such instrument or document.
SE". ?. 'otarial $ct and 'otarization. - C'otarial $ctC and C'otarizationC refer to any act that a notary
public is empowered to perform under these Rules.
SE". A. 'otarial "ertificate. - C'otarial "ertificateC refers to the part of, or attachment to, a notarized
instrument or document that is completed by the notary public, bears the notaryDs sinature and seal, and
states the facts attested to by the notary public in a particular notarization as provided for by these Rules.
SE". 8. 'otary Public and 'otaty. - C'otary PublicC and C'otaryC refer to any person commissioned to
perform official acts under these Rules.
SE". 9E. Principal. - CPrincipalC refers to a person appearin before the notary public whose act is the
sub)ect of notarization.
SE". 99. Reular Place of =orB or /usiness. - &he term Creular place of worB or businessC refers to a
stationary office in the city or province wherein the notary public renders leal and notarial services.
SE". 92. "ompetent Evidence of ,dentity. - &he phrase Ccompetent evidence of identityC refers to the
identification of an individual based on(
2a6 at least one current identification document issued by an official aency bearin the photoraph and
sinature of the individual, such as but not limited to, passport, driverIs license, Professional Reulations
"ommission ,0, 'ational /ureau of ,nvestiation clearance, police clearance, postal ,0, voterIs ,0,
/aranay certification, 5overnment Service and ,nsurance System 25S,S6 e-card, Social Security System
2SSS6 card, Philhealth card, senior citizen card, -verseas =orBers =elfare $dministration 2-==$6 ,0,
-.= ,0, seamanIs booB, alien certificate of reistrationHimmirant certificate of reistration, overnment
office ,0, certification from the 'ational "ouncil for the =elfare of 0isable Persons 2'"=0P6,
0epartment of Social =elfare and 0evelopment 20S=06 certification! or M$mmended( .ebruary 98,
2EEA - see also http(HHwww.supremecourt.ov.phHpublicationsHbenchmarBH2EEAHE2HE2EA98.phpN
2b6 the oath or affirmation of one credible witness not privy to the instrument, document or transaction
who is personally Bnown to the notary public and who personally Bnows the individual, or of two credible
witnesses neither of whom is privy to the instrument, document or transaction who each personally Bnows
the individual and shows to the notary public documentary identification.
SE". 9*. -fficial Seal or Seal. - C-fficial sealC or CSealC refers to a device for affi%in a marB, imae or
impression on all papers officially sined by the notary public conformin the requisites prescribed by
these Rules.
SE". 9:. Sinature =itnessin. -&he term Csinature witnessinC refers to a notarial act in which an
individual on a sinle occasion(
2a6 appears in person before the notary public and presents an instrument or document!
2b6 is personally Bnown to the notary public or identified by the notary public throuh competent
evidence of identity as defined by these Rules! and
2c6 sins the instrument or document in the presence of the notary public.
SE". 9#. "ourt. - C"ourtC refers to the Supreme "ourt of the Philippines.
SE". 9>. Petitioner. - CPetitionerC refers to a person who applies for a notarial commission.
SE". 9?. -ffice of the "ourt $dministrator. - C-ffice of the "ourt $dministratorC refers to the -ffice of
the "ourt $dministrator of the Supreme "ourt.
SE". 9A. E%ecutive @ude. - CE%ecutive @udeC refers to the E%ecutive @ude of the Reional &rial "ourt
of a city or province who issues a notarial commission.
SE". 98. 3endor - C3endorC under these Rules refers to a seller of a notarial seal and shall include a
wholesaler or retailer.
SE". 2E. 1anufacturer. - C1anufacturerC under these Rules refers to one who produces a notarial seal
and shall include an enraver and seal maBer.
R;+E ,,, ( "-11,SS,-','5 -. '-&$RF P;/+,"
SE"&,-' 9. Gualifications. - $ notarial commission may be issued by an E%ecutive @ude to any
qualified person who submits a petition in accordance with these Rules.
&o be eliible for commissionin as notary public, the petitioner(
296 must be a citizen of the Philippines!
226 must be over twenty-one 2296 years of ae!
2*6 must be a resident in the Philippines for at least one 296 year and maintains a reular place of worB or
business in the city or province where the commission is to be issued!
2:6 must be a member of the Philippine /ar in ood standin with clearances from the -ffice of the /ar
"onfidant of the Supreme "ourt and the ,nterated /ar of the Philippines! and
2#6 must not have been convicted in the first instance of any crime involvin moral turpitude.
SE". 2. .orm of the Petition and Supportin 0ocuments. - Every petition for a notarial commission shall
be in writin, verified, and shall include the followin(
2a6 a statement containin the petitionerDs personal qualifications, includin the petitionerDs date of birth,
residence, telephone number, professional ta% receipt, roll of attorneyDs number and ,/P membership
number! ,
2b6 certification of ood moral character of the petitioner by at least two 226 e%ecutive officers of the local
chapter of the ,nterated /ar of the Philippines where he is applyin for commission!
2c6 proof of payment for the filin of the petition as required by these Rules! and
2d6 three 2*6 passport-size color photoraphs with liht bacBround taBen within thirty 2*E6 days of the
application. &he photoraph should not be retouched. &he petitioner shall sin his name at the bottom part
of the photoraphs.
SE". *. $pplication .ee. - Every petitioner for a notarial commission shall pay the application fee as
prescribed in the Rules of "ourt.
SE". :. Summary 4earin on the Petition. - &he E%ecutive @ude shall conduct a summary hearin on the
petition and shall rant the same if(
2a6 the petition is sufficient in form and substance!
2b6 the petitioner proves the alleations contained in the petition! and
2c6 the petitioner establishes to the satisfaction of the E%ecutive @ude that he has read and fully
understood these Rules.
&he E%ecutive @ude shall forthwith issue a commission and a "ertificate of $uthorization to Purchase a
'otarial Seal in favor of the petitioner.
SE". #. 'otice of Summary 4earin. - 2a6 &he notice of summary hearin shall be published in a
newspaper of eneral circulation in the city or province where the hearin shall be conducted and posted
in a conspicuous place in the offices of the E%ecutive @ude and of the "lerB of "ourt. &he cost of the
publication shall be borne by the petitioner. &he notice may include more than one petitioner.
2b6 &he notice shall be substantially in the followin form!
'-&,"E -. 4E$R,'5
'otice is hereby iven that a summary hearin on the petition for notarial commission of 2name of
petitioner6 shall be held on 2date6 at 2place6 at 2time6. $ny person who has any cause or reason to ob)ect to
the rant of the petition may file a verified written opposition thereto, received by the undersined before
the date of the summary hearin.
TTTTTTTTTTTTTT
E%ecutive @ude
SE". >. -pposition to Petition. - $ny person who has any cause or reason to ob)ect to the rant of the
petition may file a verified written opposition thereto. &he opposition must be received by the E%ecutive
@ude before the date of the summary hearin.
SE". ?. .orm of 'otarial "ommission. - &he commissionin of a notary public shall be in a formal order
sined by the E%ecutive @ude substantially in the followin form(
REP;/+," -. &4E P4,+,PP,'ES
RE5,-'$+ &R,$+ "-;R& -. TTTTTTTTTTTTTT
&his is to certify that 2name of notary public6 of 2reular place of worB or business6 in 2city or province6
was on this 2date6 day of 2month6 two thousand and 2year6 commissioned by the undersined as a notary
public, within and for the said )urisdiction, for a term endin the thirty-first day of 0ecember 2year6
TTTTTTTTTTTTTTT
E%ecutive @ude
SE". A. Period -f 3alidity of "ertificate of $uthorization to Purchase a 'otarial Seal. - &he "ertificate of
$uthorization to Purchase a 'otarial Seal shall be valid for a period of three 2*6 months from date of
issue, unless e%tended by the E%ecutive @ude.
$ marB, imae or impression of the seal that may be purchased by the notary public pursuant to the
"ertificate shall be presented to the E%ecutive @ude for approval prior to use.
SE". 8. .orm of "ertificate of $uthorization to Purchase a 'otarial Seal. -&he "ertificate of
$uthorization to Purchase a 'otarial Seal shall substantially be in the followin form(
REP;/+," -. &4E P4,+,PP,'ES
RE5,-'$+ &R,$+ "-;R& -.TTTTTTTTTTTTT
"ER&,.,"$&E -. $;&4-R,O$&,-' &- P;R"4$SE $ '-&$R,$+ SE$+
&his is to authorize 2name of notary public6 of 2city or province6 who was commissioned by the
undersined as a notary public, within and for the said )urisdiction, for a term endin, the thirty-first of
0ecember 2year6 to purchase a notarial seal.
,ssued this 2day6 of 2month6 2year6.
TTTTTTTTTTTTTTT
E%ecutive @ude
SE". 9E. -fficial Seal of 'otary Public. - Every person commissioned as notary public shall have only
one official seal of office in accordance with these Rules.
SE". 99. @urisdiction and &erm. - $ person commissioned as notary public may perform notarial acts in
any place within the territorial )urisdiction of the commissionin court for a period of two 226 years
commencin the first day of @anuary of the year in which the commissionin is made, unless earlier
revoBed or the notary public has resined under these Rules and the Rules of "ourt.
SE". 92. Reister of 'otaries Public. - &he E%ecutive @ude shall Beep and maintain a Reister of
'otaries Public in his )urisdiction which shall contain, amon others, the dates of issuance or revocation
or suspension of notarial commissions, and the resination or death of notaries public. &he E%ecutive
@ude shall furnish the -ffice of the "ourt $dministrator information and data recorded in the reister of
notaries public. &he -ffice of the "ourt $dministrator shall Beep a permanent, complete and updated
database of such records.
SE". 9*. Renewal of "ommission. - $ notary public may file a written application with the E%ecutive
@ude for the renewal of his commission within forty-five 2:#6 days before the e%piration thereof. $
marB, imae or impression of the seal of the notary public shall be attached to the application.
.ailure to file said application will result in the deletion of the name of the notary public in the reister of
notaries public.
&he notary public thus removed from the Reister of 'otaries Public may only be reinstated therein after
he is issued a new commission in accordance with these Rules.
SE". 9:. $ction on $pplication for Renewal of "ommission. - &he E%ecutive @ude shall, upon payment
of the application fee mentioned in Section * above of this Rule, act on an application for the renewal of a
commission within thirty 2*E6 days from receipt thereof. ,f the application is denied, the E%ecutive @ude
shall state the reasons therefor.
R;+E ,3 ( P-=ERS $'0 +,1,&$&,-'S -. '-&$R,ES P;/+,"
SE"&,-' 9. Powers. - 2a6 $ notary public is empowered to perform the followin notarial acts(
296 acBnowledments!
226 oaths and affirmations!
2*6 )urats!
2:6 sinature witnessins!
2#6 copy certifications! and
2>6 any other act authorized by these Rules.
2b6 $ notary public is authorized to certify the affi%in of a sinature by thumb or other marB on an
instrument or document presented for notarization if(
296the thumb or other marB is affi%ed in the presence of the notary public and of two 226 disinterested and
unaffected witnesses to the instrument or document!
226 both witnesses sin their own names in addition to the thumb or other marB!
2*6 the notary public writes below the thumb or other marB( C&humb or -ther 1arB affi%ed by 2name of
sinatory by marB6 in the presence of 2names and addresses of witnesses6 and undersined notary publicC!
and
2:6 the notary public notarizes the sinature by thumb or other marB throuh an acBnowledment, )urat, or
sinature witnessin.
2c6 $ notary public is authorized to sin on behalf of a person who is physically unable to sin or maBe a
marB on an instrument or document if(
296 the notary public is directed by the person unable to sin or maBe a marB to sin on his behalf!
226 the sinature of the notary public is affi%ed in the presence of two disinterested and unaffected
witnesses to the instrument or document!
2*6 both witnesses sin their own names !
2:6 the notary public writes below his sinature( CSinature affi%ed by notary in presence of 2names and
addresses of person and two U2N witnesses6C! and
2#6 the notary public notarizes his sinature by acBnowledment or )urat.
SE". 2. Prohibitions. - 2a6 $ notary public shall not perform a notarial act outside his reular place of
worB or business! provided, however, that on certain e%ceptional occasions or situations, a notarial act
may be performed at the request of the parties in the followin sites located within his territorial
)urisdiction(
296 public offices, convention halls, and similar places where oaths of office may be administered!
226 public function areas in hotels and similar places for the sinin of instruments or documents
requirin notarization!
2*6 hospitals and other medical institutions where a party to an instrument or document is confined for
treatment! and
2:6 any place where a party to an instrument or document requirin notarization is under detention.
2b6 $ person shall not perform a notarial act if the person involved as sinatory to the instrument or
document -
296 is not in the notaryDs presence personally at the time of the notarization! and
226 is not personally Bnown to the notary public or otherwise identified by the notary public throuh
competent evidence of identity as defined by these Rules.
SE". *. 0isqualifications. - $ notary public is disqualified from performin a notarial act if he(
2a6 is a party to the instrument or document that is to be notarized!
2b6 will receive, as a direct or indirect result, any commission, fee, advantae, riht, title, interest, cash,
property, or other consideration, e%cept as provided by these Rules and by law! or
2c6 is a spouse, common-law partner, ancestor, descendant, or relative by affinity or consanuinity of the
principal within the fourth civil deree.
SE". :. Refusal to 'otarize. - $ notary public shall not perform any notarial act described in these Rules
for any person requestin such an act even if he tenders the appropriate fee specified by these Rules if(
2a6 the notary Bnows or has ood reason to believe that the notarial act or transaction is unlawful or
immoral!
2b6 the sinatory shows a demeanor which enenders in the mind of the notary public reasonable doubt as
to the formerDs Bnowlede of the consequences of the transaction requirin a notarial act! and
2c6 in the notaryDs )udment, the sinatory is not actin of his or her own free will.
SE". #. .alse or ,ncomplete "ertificate. - $ notary public shall not(
2a6 e%ecute a certificate containin information Bnown or believed by the notary to be false.
2b6 affi% an official sinature or seal on a notarial certificate that is incomplete.
SE". >. ,mproper ,nstruments or 0ocuments. - $ notary public shall not notarize(
2a6 a blanB or incomplete instrument or document! or
2b6 an instrument or document without appropriate notarial certification.
R;+E 3 ( .EES -. '-&$RF P;/+,"
SE"&,-' 9. ,mposition and =aiver of .ees. - .or performin a notarial act, a notary public may chare
the ma%imum fee as prescribed by the Supreme "ourt unless he waives the fee in whole or in part.
SE". 2. &ravel .ees and E%penses. - $ notary public may chare travel fees and e%penses separate and
apart from the notarial fees prescribed in the precedin section when travelin to perform a notarial act if
the notary public and the person requestin the notarial act aree prior to the travel.
SE". *. Prohibited .ees. - 'o fee or compensation of any Bind, e%cept those e%pressly prescribed and
allowed herein, shall be collected or received for any notarial service.
SE". :. Payment or Refund of .ees. - $ notary public shall not require payment of any fees specified
herein prior to the performance of a notarial act unless otherwise areed upon.
$ny travel fees and e%penses paid to a notary public prior to the performance of a notarial act are not
sub)ect to refund if the notary public had already traveled but failed to complete in whole or in part the
notarial act for reasons beyond his control and without nelience on his part.
SE". #. 'otice of .ees. - $ notary public who chares a fee for notarial services shall issue a receipt
reistered with the /ureau of ,nternal Revenue and Beep a )ournal of notarial fees. 4e shall enter in the
)ournal all fees chared for services rendered.
$ notary public shall post in a conspicuous place in his office a complete schedule of chareable notarial
fees.
R;+E 3, ( '-&$R,$+ RE5,S&ER
SE"&,-' 9. .orm of 'otarial Reister. - 2a6 $ notary public shall Beep, maintain, protect and provide for
lawful inspection as provided in these Rules, a chronoloical official notarial reister of notarial acts
consistin of a permanently bound booB with numbered paes.
&he reister shall be Bept in booBs to be furnished by the Solicitor 5eneral to any notary public upon
request and upon payment of the cost thereof. &he reister shall be duly paed, and on the first pae, the
Solicitor 5eneral shall certify the number of paes of which the booB consists.
.or purposes of this provision, a 1emorandum of $reement or ;nderstandin may be entered into by
the -ffice of the Solicitor 5eneral and the -ffice of the "ourt $dministrator.
2b6 $ notaryH public shall Beep only one active notarial reister at any iven time.
SE". 2. Entries in the 'otarial Reister. - 2a6 .or every notarial act, the notary shall record in the notarial
reister at the time of notarization the followin(
296 the entry number and pae number!
226 the date and time of day of the notarial act!
2*6 the type of notarial act!
2:6 the title or description of the instrument, document or proceedin!
2#6 the name and address of each principal!
2>6 the competent evidence of identity as defined by these Rules if the sinatory is not personally Bnown
to the notary!
2?6 the name and address of each credible witness swearin to or affirmin the personDs identity!
2A6 the fee chared for the notarial act!
286 the address where the notarization was performed if not in the notaryDs reular place of worB or
business! and
29E6 any other circumstance the notary public may deem of sinificance or relevance.
2b6 $ notary public shall record in the notarial reister the reasons and circumstances for not completin a
notarial act.
2c6 $ notary public shall record in the notarial reister the circumstances of any request to inspect or copy
an entry in the notarial reister, includin the requesterDs name, address, sinature, thumbmarB or other
reconized identifier, and evidence of identity. &he reasons for refusal to allow inspection or copyin of a
)ournal entry shall also be recorded.
2d6 =hen the instrument or document is a contract, the notary public shall Beep an oriinal copy thereof
as part of his records and enter in said records a brief description of the substance thereof and shall ive to
each entry a consecutive number, beinnin with number one in each calendar year. 4e shall also retain a
duplicate oriinal copy for the "lerB of "ourt.
2e6 &he notary public shall ive to each instrument or document e%ecuted, sworn to, or acBnowleded
before him a number correspondin to the one in his reister, and shall also state on the instrument or
document the paeHs of his reister on which the same is recorded. 'o blanB line shall be left between
entries.
2f6 ,n case of a protest of any draft, bill of e%chane or promissory note, the notary public shall maBe a
full and true record of all proceedins in relation thereto and shall note therein whether the demand for
the sum of money was made, by whom, when, and where! whether he presented such draft, bill or note!
whether notices were iven, to whom and in what manner! where the same was made, when and to whom
and where directed! and of every other fact touchin the same.
26 $t the end of each weeB, the notary public shall certify in his notarial reister the number of
instruments or documents e%ecuted, sworn to, acBnowleded, or protested before him! or if none, this
certificate shall show this fact.
2h6 $ certified copy of each monthDs entries and a duplicate oriinal copy of any instrument
acBnowleded before the notary public shall, within the first ten 29E6 days of the month followin, be
forwarded to the "lerB of "ourt and shall be under the responsibility of such officer. ,f there is no entry to
certify for the month, the notary shall forward a statement to this effect in lieu of certified copies herein
required.
SE". *. Sinatures and &humbmarBs. - $t the time of notarization, the notaryDs notarial reister shall be
sined or a thumb or other marB affi%ed by each(
2a6 principal!
2b6 credible witness swearin or affirmin to the identity of a principal! and
2c6 witness to a sinature by thumb or other marB, or to a sinin by the notary public on behalf of a
person physically unable to sin.
SE". :. ,nspection, "opyin and 0isposal. - 2a6 ,n the notaryDs presence, any person may inspect an entry
in the notarial reister, durin reular business hours, provided!
296 the personDs identity is personally Bnown to the notary public or proven throuh competent evidence
of identity as defined in these Rules!
226 the person affi%es a sinature and thumb or other marB or other reconized identifier, in the notarial
.reister in a separate, dated entry!
2*6 the person specifies the month, year, type of instrument or document, and name of the principal in the
notarial act or acts souht! and
2:6 the person is shown only the entry or entries specified by him.
2b6 &he notarial reister may be e%amined by a law enforcement officer in the course of an official
investiation or by virtue of a court order.
2c6 ,f the notary public has a reasonable round to believe that a person has a criminal intent or wronful
motive in requestin information from the notarial reister, the notary shall deny access to any entry or
entries therein.
SE". #. +oss, 0estruction or 0amae of 'otarial Reister. - 2a6 ,n case the notarial reister is stolen, lost,
destroyed, damaed, or otherwise rendered unusable or illeible as a record of notarial acts, the notary
public shall, within ten 29E6 days after informin the appropriate law enforcement aency in the case of
theft or vandalism, notify the E%ecutive @ude by any means providin a proper receipt or
acBnowledment, includin reistered mail and also provide a copy or number of any pertinent police
report.
2b6 ;pon revocation or e%piration of a notarial commission, or death of the notary public, the notarial
reister and notarial records shall immediately be delivered to the office of the E%ecutive @ude.
SE". >. ,ssuance of "ertified &rue "opies. - &he notary public shall supply a certified true copy of the
notarial record, or any part thereof, to any person applyin for such copy upon payment of the leal fees.
R;+E 3,, ( S,5'$&;RE $'0 SE$+ -. '-&$RF P;/+,"
SE"&,-' 9. -fficial Sinature. - ,n notarizin a paper instrument or document, a notary public shall(
2a6 sin by hand on the notarial certificate only the name indicated and as appearin on the notaryDs
commission!
2b6 not sin usin a facsimile stamp or printin device! and
2c6 affi% his official sinature only at the time the notarial act is performed.
SE". 2. -fficial Seal. - 2a6 Every person commissioned as notary public shall have a seal of office, to be
procured at his own e%pense, which shall not be possessed or owned by any other person. ,t shall be of
metal, circular in shape, two inches in diameter, and shall have the name of the city or province and the
word CPhilippinesC and his own name on the marin and the roll of attorneyDs number on the face thereof,
with the words Cnotary publicC across the center. $ marB, imae or impression of such seal shall be made
directly on the paper or parchment on which the writin appears.
2b6 &he official seal shall be affi%ed only at the time the notarial act is performed and shall be clearly
impressed by the notary public on every pae of the instrument or document notarized.
2c6 =hen not in use, the official seal shall be Bept safe and secure and shall be accessible only to the
notary public or the person duly authorized by him.
2d6 =ithin five 2#6 days after the official seal of a notary public is stolen, lost, damaed or other otherwise
rendered unserviceable in affi%in a leible imae, the notary public, after informin the appropriate law
enforcement aency,
shall notify the E%ecutive @ude in writin, providin proper receipt or acBnowledment, includin
reistered mail, and in the event of a crime committed, provide a copy or entry number of the appropriate
police record. ;pon receipt of such notice, if found in order by the E%ecutive @ude, the latter shall order
the notary public to cause notice of such loss or damae to be published, once a weeB for three 2*6
consecutive weeBs, in a newspaper of eneral circulation in the city or province where the notary public is
commissioned. &hereafter, the E%ecutive @ude shall issue to the notary public a new "ertificate of
$uthorization to Purchase a 'otarial Seal.
2e6 =ithin five 2#6 days after the death or resination of the notary public, or the revocation or e%piration
of a notarial commission, the official seal shall be surrendered to the E%ecutive @ude and shall be
destroyed or defaced in public durin office hours. ,n the event that the missin, lost or damaed seal is
later found or surrendered, it shall be delivered by the notary public to the E%ecutive @ude to be disposed
of in accordance with this section. .ailure to effect such surrender shall constitute contempt of court. ,n
the event of death of the notary public, the person in possession of the official seal shall have the duty to
surrender it to the E%ecutive @ude.
SE". *. Seal ,mae. - &he notary public shall affi% a sinle, clear, leible, permanent, and
photoraphically reproducible marB, imae or impression of the official seal beside his sinature on the
notarial certificate of a paper instrument or document.
SE". :. -btainin and Providin Seal. - 2a6 $ vendor or manufacturer of notarial seals may not sell said
product without a written authorization from the E%ecutive @ude.
2b6 ;pon written application and after payment of the application fee, the E%ecutive @ude may issue an
authorization to sell to a vendor or manufacturer of notarial seals after verification and investiation of
the latterDs qualifications. &he E%ecutive @ude shall chare an authorization fee in the amount of Php
:,EEE for the vendor and Php A,EEE for the manufacturer. ,f a manufacturer is also a vendor, he shall only
pay the manufacturerDs authorization fee.
2c6 &he authorization shall be in effect for a period of four 2:6 years from the date of its issuance and may
be renewed by the E%ecutive @ude for a similar period upon payment of the authorization fee mentioned
in the precedin pararaph.
. 2d6 $ vendor or manufacturer shall not sell a seal to a buyer e%cept upon submission of a certified copy
of the commission and the "ertificate of $uthorization to Purchase a 'otarial Seal issued by the
E%ecutive @ude. $ notary public obtainin a new seal as a result of chane of name shall present to the
vendor or manufacturer a certified copy of the "onfirmation of the "hane of 'ame issued by the
E%ecutive @ude.
2e6 -nly one seal may be sold by a vendor or manufacturer for each "ertificate of $uthorization to
Purchase a 'otarial Seal,
2f6 $fter the sale, the vendor or manufacturer shall affi% a marB, imae or impression of the seal to the
"ertificate of $uthorization to Purchase a 'otarial Seal and submit the completed "ertificate to the
E%ecutive @ude. "opies of the "ertificate of $uthorization to Purchase a 'otarial Seal and the buyerDs
commission shall be Bept in the files of the vendor or manufacturer for four 2:6 years after the sale.
26 $ notary public obtainin a new seal as a result of chane of name shall present to the vendor a
certified copy of the order confirmin the chane of name issued by the E%ecutive @ude.
R;+E 3,,, ( '-&$R,$+ "ER&,.,"$&ES
SE"&,-' 9. .orm of 'otarial "ertificate. - &he notarial form used for any notarial instrument or
document shall conform to all the requisites prescribed herein, the Rules of "ourt and all other provisions
of issuances by the Supreme "ourt and in applicable laws.
SE". 2. "ontents of the "oncludin Part of the 'otarial "ertificate. - &he notarial certificate shall include
the followin(
2a6 the name of the notary public as e%actly indicated in the commission!
2b6 the serial number of the commission of the notary public!
2c6 the words C'otary PublicC and the province or city where the notary public is commissioned, the
e%piration date of the commission, the office address of the notary public! and
2d6 the roll of attorneyDs number, the professional ta% receipt number and the place and date of issuance
thereof, and the ,/P membership number.
R;+E ,V ( "ER&,.,"$&E -. $;&4-R,&F -. '-&$R,ES P;/+,"
SE"&,-' 9. "ertificate of $uthority for a 'otarial $ct. - $ certificate of authority evidencin the
authenticity of the official seal and sinature of a notary public shall be issued by the E%ecutive @ude
upon request in substantially the followin form(
"ER&,.,"$&E -. $;&4-R,&F .-R $ '-&$R,$+ $"&
,, 2name, title, )urisdiction of the E%ecutive @ude6, certify that 2name of notary public6, the person named
in the seal and sinature on the attached document, is a 'otary Public in and for the
2"ityH1unicipalityHProvince6 of the Republic of the Philippines and authorized to act as such at the time
of the documentDs notarization.
,' =,&'ESS =4ERE-., , have affi%ed below my sinature and seal of this office this 2date6 day of
2month6 2year6.
TTTTTTTTTTTTTTTTT
2official sinature6
2seal of E%ecutive @ude6
R;+E V ( "4$'5ES -. S&$&;S -. '-&$RF P;/+,"
SE"&,-' 9. "hane of 'ame and $ddress.
=ithin ten 29E6 days after the chane of name of the notary public by court order or by marriae, or after
ceasin to maintain the reular place of worB or business, the notary public shall submit a sined and
dated notice of such fact to the E%ecutive @ude.
&he notary public shall not notarize until(
2a6 he receives from the E%ecutive @ude a confirmation of the new name of the notary public andHor
chane of reular place of worB or business! and
2b6 a new seal bearin the new name has been obtained.
&he foreoin notwithstandin, until the aforementioned steps have been completed, the notary public
may continue to use the former name or reular place of worB or business in performin notarial acts for
three 2*6 months from the date of the chane, which may be e%tended once for valid and )ust cause by the
E%ecutive @ude for another period not e%ceedin three 2*6 months.
SE". 2. Resination. - $ notary public may resin his commission by personally submittin a written,
dated and sined formal notice to the E%ecutive @ude toether with his notarial seal, notarial reister and
records. Effective from the date indicated in the notice, he shall immediately cease to perform notarial
acts. ,n the event of his incapacity to personally appear, the submission of the notice may be performed
by his duly authorized representative.
SE". *. Publication of Resination. - &he E%ecutive @ude shall immediately order the "lerB of "ourt to
post in a conspicuous place in the offices of the E%ecutive @ude and of the "lerB of "ourt the names of
notaries public who have resined their notarial commissions and the effective dates of their resination.
R;+E V, ( RE3-"$&,-' -. "-11,SS,-' $'0 0,S",P+,'$RF S$'"&,-'S
SE"&,-' 9. Revocation and $dministrative Sanctions. - 2a6 &he E%ecutive @ude shall revoBe a notarial
commission for any round on which an application for a commission may be denied.
2b6 ,n addition, the E%ecutive @ude may revoBe the commission of, or impose appropriate administrative
sanctions upon, any notary public who(
296 fails to Beep a notarial reister!
226 fails to maBe the proper entry or entries in his notarial reister concernin his notarial acts!
2*6 fails to send the copy of the entries to the E%ecutive @ude within the first ten 29E6 days of the month
followin!
2:6 fails to affi% to acBnowledments the date of e%piration of his commission!
2#6 fails to submit his notarial reister, when filled, to the E%ecutive @ude!
2>6 fails to maBe his report, within a reasonable time, to the E%ecutive @ude concernin the performance
of his duties, as may be required by the )ude!
2?6 fails to require the presence of a principal at the time of the notarial act!
2A6 fails to identify a principal on the basis of personal Bnowlede or competent evidence!
286 e%ecutes a false or incomplete certificate under Section #, Rule ,3!
29E6 Bnowinly performs or fails to perform any other act prohibited or mandated by these Rules! and
2996 commits any other dereliction or act which in the )udment of the E%ecutive @ude constitutes ood
cause for revocation of commission or imposition of administrative sanction.
2c6 ;pon verified complaint by an interested, affected or arieved person, the notary public shall be
required to file a verified answer to the complaint.
,f the answer of the notary public is not satisfactory, the E%ecutive @ude shall conduct a summary
hearin. ,f the alleations of the complaint are not proven, the complaint shall be dismissed. ,f the chares
are duly established, the E%ecutive @ude shall impose the appropriate administrative sanctions. ,n either
case, the arieved party may appeal the decision to the Supreme "ourt for review. Pendin the appeal,
an order imposin disciplinary sanctions shall be immediately e%ecutory, unless otherwise ordered by the
Supreme "ourt.
2d6 &he E%ecutive @ude may motu proprio initiate administrative proceedins aainst a notary public,
sub)ect to the procedures prescribed in pararaph 2c6 above and impose the appropriate administrative
sanctions on the rounds mentioned in the precedin pararaphs 2a6 and 2b6.
SE". 2. Supervision and 1onitorin of 'otaries Public. - &he E%ecutive @ude shall at all times e%ercise
supervision over notaries public and shall closely monitor their activities.
SE". *. Publication of Revocations and $dministrative Sanctions. - &he E%ecutive @ude shall
immediately order the "lerB of "ourt to post in a conspicuous place in the offices of the E%ecutive @ude
and of the "lerB of "ourt the names of notaries public who have been administratively sanctioned or
whose notarial commissions have been revoBed.
SE". :. 0eath of 'otary Public. - ,f a notary public dies before fulfillin the obliations in Section :2e6,
Rule 3, and Section 22e6, Rule 3,,, the E%ecutive @ude, upon bein notified of such death, shall
forthwith cause compliance with the provisions of these sections.
R;+E V,, ( SPE",$+ PR-3,S,-'S
SE"&,-' 9. Punishable $cts. - &he E%ecutive @ude shall cause the prosecution of any person who(
2a6 Bnowinly acts or otherwise impersonates a notary public!
2b6 Bnowinly obtains, conceals, defaces, or destroys the seal, notarial reister, or official records of a
notary public! and
2c6 Bnowinly solicits, coerces, or in any way influences a notary public to commit official misconduct.
SE" 2. Reports to the Supreme "ourt. - &he E%ecutive @ude concerned shall submit semestral reports to
the Supreme "ourt on discipline and prosecution of notaries public.
R;+E V,,, ( REPE$+,'5 $'0 E..E"&,3,&F PR-3,S,-'S
SE"&,-' 9. Repeal. - $ll rules and parts of rules, includin issuances of the Supreme "ourt inconsistent
herewith, are hereby repealed or accordinly modified.
SE". 2. Effective 0ate. - &hese Rules shall taBe effect on the first day of $uust 2EE:, and shall be
published in a newspaper of eneral circulation in the Philippines which provides sufficiently wide
circulation.
Promulated this >th day of @uly, 2EE:.
2Sd.6 0avide, @r. ".@., Puno, 3itu, Pananiban, Guisumbin, Fnarez-Santiao, Sandoval-5utierrez,
"arpio, $ustria-1artinez, "orona, "arpio-1orales, "alle)o, Sr., $zcuna and &ina, @@.
/ar 1atter 'o. A#E 21andatory "ontinuin +eal Education ,mplementin Reulations.
Republic of the Philippines
SUPREME COURT
1anila
B.M. No. 8C> Au6u+" AA% A>>>
MANDATORY CONTINUING LEGAL EDUCATION 0MCLE1
ADOPTING THE RULES ON MANDATORY CONTINUING LEGAL EDUCATION 'OR
MEMBERS O' THE INTEGRATED BAR O' THE PHILIPPINES
E' /$'"
R E S - + ; & , - '
Considering the Rules on Mandator! Continuing &egal %ducation 'MC&%( for memers of the Integrated
Bar of the )hilippines 'IB)(, recommended ! the IB), endorsed ! the )hilippine *udicial +cadem!,
and reviewed and passed upon ! the ,upreme Court Committee on &egal %ducation, the Court here!
resolves to adopt, as it here! adopts, the following rules for proper implementation-
RULE 1
PURPOSE
Se!"5o. 1. )urpose of the MC&%
"ontinuin leal education is required of members of the ,nterated /ar of the Philippines 2,/P6 to
ensure that throuhout their career, they Beep abreast with law and )urisprudence, maintain the ethics of
the profession and enhance the standards of the practice of law.
RULE A
MANDATORY CONTINUING LEGAL EDUCATION
Se!"5o. 1. Constitution of the MC&% Committee
=ithin two 226 months from the approval of these Rules by the Supreme "ourt En /anc, the 1"+E
"ommittee shall be constituted in accordance with these Rules.
Se!"5o. A. Re.uirements of completion of MC&%
1embers of the ,/P not e%empt under Rule ? shall complete, every three 2*6 years, at least thirty-si% 2*>6
hours of continuin leal education activities approved by the 1"+E "ommittee. -f the *> hours(
2a6 $t least si% 2>6 hours shall be devoted to leal ethics.
2b6 $t least 2:6 hours shall be devoted to trial and pretrial sBills.
2c6 $t least five 2#6 hours shall be devoted to alternative dispute resolution.
2d6 $t least nine 286 hours shall be devoted to updates on substantive and procedural laws, and
)urisprudence.
2e6 $t least four 2:6 hours shall be devoted to leal writin and oral advocacy.
2f6 $t least two 226 hours shall be devoted to international law and international conventions.
26 &he remainin si% 2>6 hours shall be devoted to such sub)ects as may be prescribed by the
1"+E "ommittee.
RULE 3
COMPLIANCE PERIOD
Se!"5o. 1. Initial compliance period
&he initial compliance period shall bein not later than three 2*6 months from the constitution of the
1"+E "ommittee. E%cept for the initial compliance period for members admitted or readmitted after the
establishment of the proram, all compliance periods shall be for thirty-si% 2*>6 months and shall bein
the day after the end of the previous compliance period.
Se!"5o. A. Compliance /roup "0
1embers in the 'ational "apital Reion 2'"R6 or 1etro 1anila shall be permanently assined to
"ompliance 5roup 9.
Se!"5o. 3. Compliance /roup 10
1embers in +uzon outside '"R shall be permanently assined to "ompliance 5roup 2.
Se!"5o. . Compliance /roup 20
1embers in 3isayas and 1indanao shall be permanently assined to "ompliance 5roup *.
Se!"5o. C. Compliance period for memers admitted or readmitted after estalishment of the program0
1embers admitted or readmitted to the /ar after the establishment of the proram shall be permanently
assined to the appropriate "ompliance 5roup based on their "hapter membership on the date of
admission or readmission.
&he initial compliance period after admission or readmission shall bein on the first day of the month of
admission or readmission and shall end on the same day as that of all other members in the same
"ompliance 5roup.
2a6 =here four 2:6 months or less remain of the initial compliance period after admission or
readmission, the member is not required to comply with the proram requirement for the initial
compliance.
2b6 =here more than four 2:6 months remain of the initial compliance period after admission or
readmission, the member shall be required to complete a number of hours of approved continuin
leal education activities equal to the number of months remainin in the compliance period in
which the member is admitted or readmitted. Such member shall be required to complete a
number of hours of education in leal ethics in proportion to the number of months remainin in
the compliance period. .ractions of hours shall be rounded up to the ne%t whole number.
RULE
COMPUTATION O' CREDIT UNITS
Se!"5o. 1. /uidelines
&he followin are the uidelines for computation of credit units 2";6(
PRORAM! CR"#$% &'$%! !&PPOR%$' #OC&M"'%!
9. SE1,'$RS, "-'3E'&,-'S, "-'.ERE'"ES, SF1P-S,$, ,'-4-;SE E0;"$&,-'
PR-5R$1S, =-RRS4-PS, 0,$+-5;ES, R-;'0 &$/+E 0,S";SS,-'S /F
$PPR-3E0 PR-3,0ERS ;'0ER R;+E ? $'0 -&4ER RE+$&E0 R;+ES
9.9 P$R&,",P$'& 9 "; PER 4-;R "ER&,.,"$&E -. $&&E'0$'"E =,&4
';1/ER -. 4-;RS
9.2 +E"&;RER # "; PER 4-;R P4-&-"-PF -. P+$G;E -R SP-'S-RDS
"ER&,.,"$&,-'
9.* RES-;R"E * "; PER 4-;R P4-&-"-PF -. P+$G;E -R SP-'S-RDS
SPE$RER "ER&,.,"$&,-'
9.: $SS,5'E0 2 "; PER 4-;R "ER&,.,"$&,-' .R-1 SP-'S-R,'5
PE'$+,S&H -R5$',O$&,-' RE$"&-RH"-11E'&$&-R
9.# 1-0ER$&-RH 2 "; PER 4-;R "ER&,.,"$&,-' .R-1 SP-'S-R,'5
"--R0,'$&-RH -R5$',O$&,-' .$",+,&$&-R
2. $;&4-RS4,P, E0,&,'5 $'0 RE3,E=
2.9 RESE$R"4H #-9E "RE0,& ;',&S 0;+F "ER&,.,E0HP;/+,S4E0
,''-3$&,3E &E"4',"$+ REP-R&HP$PER PR-5R$1H"RE$&,3E PR-@E"&
2.2 /--R #E-9EE PP 9E9W P;/+,S4E0 /--R S,'5+E $;&4-R 92-9> "; 9?-2E
";
2 $;&4-RS 9E-92 "; 9*-9> ";
* -R 1-RE #-> "; ?-99 ";
2.* /--R E0,&-R 9H2 -. &4E "; -. P;/+,S4E0 /--R =,&4 PR--.
$;&4-RS4,P $S E0,&-R "$&E5-RF
2.: +E5$+ $R&,"+E #-9E PP 99W P;/+,S4E0 $R&,"+E S,'5+E $;&4-R > ";
A ";
2 $;&4-RS : "; > ";
* -R 1-RE 2 "; : ";
2.# +E5$+ *-> "; PER ,SS;E P;/+,S4E0 'E=S+E&&ERH@-;R'$+
'E=S+E&&ERH+$= @-;R'$+ E0,&-R
*. PR-.ESS,-'$+ > "; PER "4$,R "ER&,.,"$&,-' -. +$= 0E$' "4$,RH/$R 9 ";
PER +E"&;RE -R /$R RE3,E= 0,RE"&-R RE3,E=H 4-;R +E"&;REH+$=
&E$"4,'5
Se!"5o. A. &imitation on certain credit units
,n numbers 2 and * of the uidelines in the precedin Section, the total ma%imum credit units shall not
e%ceed twenty 22E6 hours per three 2*6 years.
RULE C
CATEGORIES O' CREDIT
Se!"5o. 1. Classes of credits
&he credits are either participatory or non-participatory.
Se!"5o. A. Claim for participator! credit
Participatory credit may be claimed for(
2a6 $ttendin approved education activities liBe seminars, conferences, symposia, in-house
education prorams, worBshops, dialoues or round table discussions.
2b6 SpeaBin or lecturin, or actin as assined panelist, reactor, commentator, resource speaBer,
moderator, coordinator or facilitator in approved education activities.
2c6 &eachin in a law school or lecturin in a bar review class.
Se!"5o. 3. Claim for non3participator! credit
'on-participatory credit may be claimed per compliance period for(
2a6 Preparin, as an author or co-author, written materials published or accepted for publication,
e.., in the form of an article, chapter, booB, or booB review which contribute to the leal
education of the author member, which were not prepared in the ordinary course of the memberDs
practice or employment.
2b6 Editin a law booB, law )ournal or leal newsletter.
RULE ?
COMPUTATION O' CREDIT HOURS
Se!"5o. 1. Computation of credit hours
"redit hours are computed based on actual time spent in an activity 2actual instruction or speaBin time6,
in hours to the nearest one-quarter hour.
RULE D
EEEMPTIONS
Se!"5o. 1. )arties e4empted from the MC&%
&he followin members of the /ar are e%empt from the 1"+E requirement(
2a6 &he President and the 3ice President of the Philippines, and the Secretaries and
;ndersecretaries of E%ecutives 0epartments!
2b6 Senators and 1embers of the 4ouse of Representatives!
2c6 &he "hief @ustice and $ssociate @ustices of the Supreme "ourt, incumbent and retired
members of the )udiciary, incumbent members of the @udicial and /ar "ouncil and incumbent
court lawyers covered by the Philippine @udicial $cademy proram of continuin )udicial
education!
2d6 &he "hief State "ounsel, "hief State Prosecutor and $ssistant Secretaries of the 0epartment
of @ustice!
2e6 &he Solicitor 5eneral and the $ssistant Solicitor 5eneral!
2f6 &he 5overnment "orporate "ounsel, 0eputy and $ssistant 5overnment "orporate "ounsel!
26 &he "hairmen and 1embers of the "onstitutional "ommissions!
2h6 &he -mbudsman, the -verall 0eputy -mbudsman, the 0eputy -mbudsmen and the Special
Prosecutor of the -ffice of the -mbudsman!
2i6 4eads of overnment aencies e%ercisin quasi-)udicial functions!
2)6 ,ncumbent deans, bar reviews and professors of law who have teachin e%perience for at least
9E years accredited law schools!
2B6 &he "hancellor, 3ice-"hancellor and members of the "orps of Professors and Professorial
+ectures of the Philippine @udicial $cademy! and
2l6 5overnors and 1ayors.
Se!"5o. A. Other parties e4empted from the MC&%
&he followin 1embers of the /ar are liBewise e%empt(
2a6 &hose who are not in law practice, private or public.
2b6 &hose who have retired from law practice with the approval of the ,/P /oard of 5overnors.
Se!"5o. 3. /ood cause for e4emption from or modification of re.uirement
$ member may file a verified request settin forth ood cause for e%emption 2such as physical disability,
illness, post raduate study abroad, proven e%pertise in law, etc.6 from compliance with or modification of
any of the requirements, includin an e%tension of time for compliance, in accordance with a procedure to
be established by the 1"+E "ommittee.
Se!"5o. . Change of status
&he compliance period shall bein on the first day of the month in which a member ceases to be e%empt
under Sections 9, 2, or * of this Rule and shall end on the same day as that of all other members in the
same "ompliance 5roup.
Se!"5o. C. )roof of e4emption
$pplications for e%emption from or modification of the 1"+E requirement shall be under oath and
supported by documents.
RULE 8
STANDARDS 'OR APPRO(AL O' EDUCATION ACTI(ITIES
Se!"5o. 1. +pproval of MC&% program
Sub)ect to the rules as may be adopted by the 1"+E "ommittee, continuin leal education proram may
be ranted approval in either of two 226 ways( 296 the provider of the activity is an approved provider and
certifies that the activity meets the criteria of Section * of this Rules! and 226 the provider is specially
mandated by law to provide continuin leal education.
Se!"5o. A. ,tandards for all education activities
$ll continuin leal education activities must meet the followin standards(
2a6 &he activity shall have sinificant current intellectual or practical content.
2b6 &he activity shall constitute an oranized proram of learnin related to leal sub)ects and the
leal profession, includin cross profession activities 2e.., accountin-ta% or medical-leal6 that
enhance leal sBills or the ability to practice law, as well as sub)ects in leal writin and oral
advocacy.
2c6 &he activity shall be conducted by a provider with adequate professional e%perience.
2d6 =here the activity is more than one 296 hour in lenth, substantive written materials must be
distributed to all participants. Such materials must be distributed at or before the time the activity
is offered.
2e6 ,n-house education activities must be scheduled at a time and location so as to be free from
interruption liBe telephone calls and other distractions.
RULE 9
APPRO(AL O' PRO(IDERS
Se!"5o. 1. +pproval of providers
$pproval of providers shall be done by the 1"+E "ommittee.
Se!"5o. A. Re.uirements for approval of providers
$ny persons or roup may be approved as a provider for a term of two 226 years, which may be renewed,
upon written application. $ll providers of continuin leal education activities, includin in-house
providers, are eliible to be approved providers. $pplication for approval shall(
2a6 /e submitted on a form provided by the ,/P!
2b6 "ontain all information requested on the form!
2c6 /e accompanied by the approval fee!
Se!"5o. 3. Re.uirements of all providers
$ll approved providers shall aree to the followin(
2a6 $n official record verifyin the attendance at the activity shall be maintained by the provider
for at least four 2:6 years after the completion date. &he provider shall include the member on the
official record of attendance only if the memberDs sinature was obtained at the time of attendance
at the activity. &he official record of attendance shall contain the memberDs name and number in
the Roll of $ttorneys and shall identify the time, date, location, sub)ect matter, and lenth of the
education activity. $ copy of such record shall be furnished the ,/P.
2b6 &he provider shall certify that(
296 &his activity has been approved for 1"+E by the ,/P in the amount of TTTTTTTT
hours of which hours will apply in 2leal ethics, etc.6, as appropriate to the content of the
activity!
226 &he activity conforms to the standards for approved education activities prescribed by
these Rules and such reulations as may be prescribed by the ,/P pertainin to 1"+E.
2c6 &he provider shall issue a record or certificate to all participants identifyin the time, date,
location, sub)ect matter and lenth of the activity.
2d6 &he provider shall allow in-person observation of all approved continuin leal education
activities by members of the ,/P /oard of 5overnors, the 1"+E "ommittee, or desinees of the
"ommittee and ,/P staff for purposes of monitorin compliance with these Rules.
2e6 &he provider shall indicate in promotional materials, the nature of the activity, the time
devoted to each devoted to each topic and identify of the instructors. &he provider shall maBe
available to each participant a copy of ,/P-approved Education $ctivity Evaluation .orm.
2f6 &he provider shall maintain the completed Education $ctivity Evaluation .orms for a period
of not less than one 296 year after the activity, copy furnished the ,/P.
26 $ny person or roup who conducts an unauthorized activity under this proram or issues a
spurious certificate in violation of these Rules shall be sub)ect to appropriate sanctions.
Se!"5o. . Renewal of provider approval
&he approval of a provider may be renewed every two 226 years. ,t may be denied if the provider fails to
comply with any of the requirements of these Rules or fails to provide satisfactory education activities for
the precedin period.
Se!"5o. C. Revocation of provider approval
&he approval of any provider referred to in Rule 8 may be revoBed by a ma)ority vote of the ,/P /oard of
5overnors, upon recommendation of the 1"+E "ommittee, after notice and hearin and for ood cause.
RULE 1>
ACTI(ITY AND PRO(IDER APPRO(AL 'EE
Se!"5o. 1. )a!ment of fees
$pplication for approval of an education activity or as a provider requires payment of an appropriate fee.
RULE 11
GENERAL COMPLIANCE PROCEDURES
Se!"5o. 1. Compliance card
Each member shall secure from the 1"+E "ommittee a "ompliance "ard before the end of his
compliance period. 4e shall complete the card by attestin under oath that he has complied with the
education requirement or that he is e%empt, specifyin the nature of the e%emption. Such "ompliance
"ard must be returned to the address indicated therein not later than the day after the end of the memberDs
compliance period.
Se!"5o. A. Memer record keeping re.uirement
Each member shall maintain sufficient record of compliance or e%emption, copy furnished the 1"+E
"ommittee. &he record required to be provided to the members by the provider pursuant to Section *2c6
of Rule 8 should be sufficient record of attendance at a participatory activity. $ record of non-
participatory activity shall also be maintained by the member, as referred to in Section * of Rule #.
RULE 1A
NON-COMPLIANCE PROCEDURES
Se!"5o. 1. 5hat constitutes non3compliance
&he followin shall constitute non-compliance
2a6 .ailure to complete the education requirement within the compliance period!
2b6 .ailure to provide attestation of compliance or e%emption!
2c6 .ailure to provide satisfactory evidence of compliance 2includin evidence of e%empt status6
within the prescribed period!
2d6 .ailure to satisfy the education requirement and furnish evidence of such compliance within
si%ty 2>E6 days from receipt of a non-compliance notice!
2e6 $ny other act or omission analoous to any of the foreoin or intended to circumvent or
evade compliance with the 1"+E requirements.
Se!"5o. A. 6on3compliance notice and 783da! period to attain compliance
$ member failin to comply will receive a 'on-"ompliance 'otice statin the specific deficiency and
will be iven si%ty 2>E6 days from the date of notification to e%plain the deficiency or otherwise show
compliance with the requirements. Such notice shall contain, amon other thins, the followin lanuae
in capital letters(
F-;R .$,+;RE &- PR-3,0E $0EG;$&E @;S&,.,"$&,-' .-R '-'-"-1P+,$'"E
-R PR--. -. "-1P+,$'"E =,&4 &4E 1"+E REG;,RE1E'& /F 2,'SER& 0$&E >E
0$FS .R-1 &4E 0$&E -. '-&,"E6, S4$++ /E $ "$;SE .-R +,S&,'5 $S $
0E+,'G;E'& 1E1/ER.
&he 1ember may use this period to attain the adequate number of credit hours for compliance. "redit
hours earned durin this period may only be counted toward compliance with the prior compliance period
requirement unless hours in e%cess of the requirement are earned, in which case, the e%cess hours may be
counted toward meetin the current compliance period requirement.lawphil0net
RULE 13
CONSEFUENCES O' NON-COMPLIANCE
Se!"5o. 1. 6on3compliance fee
$ member who, for whatever reason, is in non-compliance at the end of the compliance period shall pay a
non-compliance fee.
Se!"5o. A. &isting as delin.uent memer
$ny member who fails to satisfactorily comply with Section 2 of Rule 92 shall be listed as a delinquent
member by the ,/P /oard of 5overnors upon the recommendation of the 1"+E "ommittee, in which
case, Rule 9*8-$ of the Rules of "ourt shall apply.
RULE 1
REINSTATEMENT
Se!"5o. 1. )rocess
&he involuntary listin as a delinquent member shall be terminated when the member provides proof of
compliance with the 1"+E requirement, includin payment of non-compliance fee. $ member may
attain the necessary credit hours to meet the requirement for the period of non-compliance durin the
period the member is on inactive status. &hese credit hours may not be counted toward meetin the
current compliance period requirement. "redit hours attained durin the period of non-compliance in
e%cess of the number needed to satisfy the prior compliance period requirement may be counted toward
meetin the current compliance period requirement.lawphil0net
Se!"5o. A. Termination of delin.uent listing administrative process
&he termination of listin as a delinquent member is administrative in nature but it shall be made with
notice and hearin by the 1"+E "ommittee.
RULE 1C
MANDATORY CONTINUING LEGAL EDUCATION COMMITTEE
Se!"5o. 1. Composition
&he 1"+E "ommittee shall be composed of five 2#6 members, namely( a retired @ustice of the Supreme
"ourt, as "hair, and four 2:6 members, respectively, nominated by the ,/P, the Philippine @udicial
$cademy, a law center desinated by the Supreme "ourt and associations of law schools andHor law
professors.
&he members of the "ommittee shall be of proven probity and interity. &hey shall be appointed by the
Supreme "ourt for a term of three 2*6 years and shall receive such compensation as may be determined by
the "ourt.
Se!"5o. A. 9ut! of the Committee
&he 1"+E "ommittee shall administer and adopt such implementin rules as may be necessary sub)ect
to the approval by the Supreme "ourt. ,t shall, in consultation with the ,/P /oard of 5overnors, prescribe
a schedule of 1"+E fees with the approval of the Supreme "ourt.
Se!"5o. 3. ,taff of the IB)
&he ,/P shall employ such staff as may be necessary to perform the record-Beepin, auditin, reportin,
approval and other necessary functions.
Se!"5o. . ,umission of annual udget
&he ,/P shall submit to the Supreme "ourt an annual budet for a subsidy to establish, operate and
maintain the 1"+E Proram.
&his resolution shall taBe effect in -ctober 2EEE, followin its publication in two 226 newspaper of
eneral circulation in the Philippines.
$dopted this 22nd day of $uust, 2EEE.
9avide, *r0, C0*0, Bellosillo, Melo, )uno, :itug, ;apunan, Mendo<a, )anganian, $uisuming, )urisima,
)ardo, Buena, /on<aga3Re!es, =nares3,antiago and 9e &eon, *r0, **0,concur.
8.
$.c.no. >AA2, december 2:, 2EEA1arissa williams vs. $tty. Rodrio icao
.acts(the complainnant,administratively chare the respondenta for braech of notarial law
and for unlawful,dishonest,immoral and decitful conduct unbecomin of an attorney.this
stemmed from notarization of the respondent of a declaration of heirship and partition
document sined by the sinatories in his presence when in truth did not.in addition tothat,there was also
lacBin of residence certificate as well as conspiracy with atty.Enriquez in the maBin false statement in
the said documents.respondent on the other hand,admitted that the document was not e%ecuted in his
presence,claims that before he notarized itmthe parties thereto appeared before him and he ascertained
their identities aswell as of those of their witnesses and they e%plained to them the contents of
thedocuments which they acBnowlede as true and correct.in defense of the
administrativecase,respondent arued that the said offense has already prescribed iven the rules of
procedure of commission on bar discipline.,ssue( is the act vioalative of the notarial law<Rulin( yes, the
court finds the respondent uilty for breach of the notarial law.it bearsrecallin that notarization is not an
empty maeninless routinary act.it invested withsubstantive public interest,such that only those who are
qualified or authorized may act asnotary public.as a notarial document is by law entitled to full faith
credit upon its face,notaries public must observe with utmost care the basic requirements in the
performanceof their duties.the petition is ranted suspendin the respondent from practicin law for a
period of 9 year and his commission as notary public
9E.
$.c.no.>:EA, auust *9, 2EE:/arrientos vs. $tty. Elerizzalibiran-meteoro
.acts(
this is a case for disbarment on the rounds of deceit and non-payments of debts
aainst atty. 1eteoro.the case commenced when the latter enaed in availin creditswith abbarientos of
)ewelries and as payments on this the respondent issued checBs which eventually declared no sufficient
funds to satisfy its obliation.the respondent defendedhis stance that the said checB were already replaced
and that the true complainant e%ecuted an affidavit of desistance which manifest that they are no loner
interested in pursuin the case.
Rulin(
the court found the respondent with a manifestation of lawyers low reards to her commitment to
lawyerJs oath.the issuance of checBs which were later dishonored for havin been drawn aainst closed
account indicates a lawyers unfitness for the trust andconfidence reposed on her.she must conduct herself
in a manner that reflect the valuesand norms of leal profession as embodied in the code of professional
responsibilty.the court found the respondent uilty of ross misconduct and suspended the latter for
>months in practicin law
$.c.no.:?>2, )une 2A, 2EE:+inda vda. 0e espino vs. $tty. Pepito prequito
.acts(
complainantJs husband has entered an areement with the respondent in the sale of his lot for installment
basis.respondent issued A checBs to satisfy its obliation.however,itwas dishonored and the said lot until
the case is filed is still unpaid..this prompted thewife of espino to file a complaint aainst the respondent
before the ibp-cbd.therespondent made a defense of deferrin his payments due to the road-riht of way
whichthey areed upon with mr. Espino.the absence of road riht of way would placed him in
adisadvantaeous position due to the cost of doin so.
,ssue(
is the act of respondent a violation of canons of professional ethics as well as codeof professional
responsibility<
Rulin(
yes,the court found the evidence of the complainant more weiht and substancethan the self-servin
testimony of the complainant.his acts of was wantin of infairness,candor, and honesty demanded of him
by lawyersJcode of professionalresponsibility and the canons of professional ethics.it should be stressed
that respondentissued A worthless checBs ,seeminly without reard to its deleterious effects to
publicinterest and public order.thus the court,found him uilty of ross misconduct and orderedto be
suspended from practicin law for a period of 9 year and an immediate account of the complainant for the
sale of the lot.
$.c.no. #9>9, april 9:, 2EE:,sdra tin-dumali vs. $tty. Rolando s. &orres
.acts(
the complainant was amon the heirs )ulita and vicente tin.
the respondent was the brother in law of the complainant.the case stemmed from the e%ecution of the
deed of e%tra )udicial settlement and ross misrepresentation in court for the purpose of profitin from
such forery.the wife of the respondent as well as another sister e%ecuted an affidavit statin that they are
the only heirs of the tin spouses and falsify the sinature of the complainant.the defense of the
respondent was anchored on a clear oversiht of not inclusion the name of the complainant as heirs
,ssue(
whether the act of the respondent vioalative of his oath of profession as well as the canons of professional
ethics.
Rulin!the court resolved the issue as violations of the lawyers oath and the code of professional
responsibility.respondents acts or omissions reveal his moral flaws anddoubtless brin the intolerable
dishonor to the leal profession.the found the respondent uilty of the provision of the lawyerJs oath and
code of professional responsibilitythereby renderin the latter unworthy to remain member of the leal
profession.he is thusordered isbarred from the practice of law and his name is ordered stricBen off the roll
of attorneys.
http(HHwww.scribd.comHdocH>EE?:9>#H$le)andro-vs-$le)andro-0,5ES&
$/$'0-'1E'& -. +$=.;+ =,.E $'0 1$,'&$,','5 ,++,",& RE+$&,-'S4,P
$S5R-;'0 .-R 0,S/$R1E'&@-3,&$ /;S&$1$'&E-$+E@$'0R- 3S. $&&F. =$R.RE0-
&-1$S $+E@$'0R- and1$R,"R,S 3,++$R,' $" 'o. :2#>. .ebruary 9*, 2EE:.acts( "omplainant
submitted a photocopy of the marriae contract between her and respondent $tty. $le)andro in support of
her chare of biamy and concubinae aainst the latter and 3illarin. She also submitted a photocopy of
the birth certificate of a child of the respondent and also stated that they were married in 1ay 9, 988E in
,sabela, Province.&he Supreme "ourt directed respondents to file their comment on the complaint within
9E days but they failed to comply. "opies of the resolution, complaint and its anne%es were returned to
both respondents unserved with notation KmovedL, same as when served personally.
"omplainant was required anew to submit the correct, present address of respondents underpain of
dismissal of her administrative complaint. She disclosed respondentJs address at 92:E*0evelop 0rive
4ouston, &e%as in a handwritten letter.&he ,nterated /ar of the Philippines 2,/P6 recommended that
both respondents be disbarred.&he Supreme "ourt ordered $tty. $le)andro to be disbarred while the
complaint aainst his co-respondent $tty. 3illarin was returned to the ,/P for further proceedins or it
appears that acopy of the resolution requirin comment was never Kdeemed servedL upon her as it was
upon $tty. $le)andro.
,ssue( =hether or not abandonment of lawful wife and maintainin an illicit relationship withanother
woman are rounds for disbarment.
4eld( Sufficient evidence showed that respondent $tty. $le)andro, lawfully married to complainant,
carried on an illicit relationship with co-respondent $tty. 3illarin. $lthouh the evidence was not
sufficient to prove that he coEntracted a subsequent biamous marriae, that fact remains of his
deplorable lacB of that deree of morality required of him as member of the bar. $ disbarment proceedin
is warranted aainst a lawyer who abandons his lawful wife and maintains an illicit relationship with
another woman who had borne him a child. =e can do no less in this case where $tty. $le)andro even
fled to another country to escape the consequencesof his misconduct.&herefore, $tty. $le)andro disbarred
from the practice of law while the complaint aainst $tty. 3illarin was referred bacB to the ,/P.
http(HHwww.scribd.comHdocH9#2A?#*A#HEspinosa-vs--mana
ESP,'-S$ vs -1$'$
$ttorney! notarization of illeal document. $ notary public should not facilitate thedisinteration of a
marriae and the family by encourain the separation of the spousesand e%tra)udicially dissolvin the
con)ual partnership, which is e%actly what respondentdid in this case. ,n preparin and notarizin an
areement for e%tra)udicial dissolution of marriae X a void document X respondent violated Rule 9.E9,
"anon 9 of the "ode of Professional Responsibility which provides that PMaN lawyer shall not enae in
unlawful,dishonest, immoral or deceitful conduct.Q Respondent Bnew fully well that thePRasunduan '
PahihiwalayQ has no leal effect and is aainst public policy.&herefore, respondent may be suspended
from office as an attorney for breach of theethics of the leal profession as embodied in the "ode of
Professional Responsibility.
Rodolfo $. Espinosa and 1a%imo $. 5lindo v. $tty. @ulieta $. -maYa. $.". 'o.8EA9. -ctober 92, 2E99
.ZZZZ'o E%tra)udicial 0issolution of "on)ual Partnership&his case is not novel. &his "ourt has ruled
that the e%tra)udicial dissolution of thecon)ual partnership without )udicial approval is void. &he "ourt
has also ruled that anotary public should not facilitate the disinteration of a marriae and the family
byencourain the separation of the spouses and e%tra)udicially dissolvin the con)ualpartnership, which
is e%actly what -maYa did in this case.,n Selanova v. @ude 1endoza, the "ourt cited a number of cases
where the lawyer wassanctioned for notarizin similar documents as the contract in this case, such
as(notarizin a document between the spouses which permitted the husband to taBe aconcubine and
allowed the wife to live with another man, without opposition from eachother! ratifyin a document
entitled P+eal SeparationQ where the couple areed to beseparated from each other mutually and
voluntarily, renouncin their rihts andobliations, authorizin each other to remarry, and renouncin any
action that they mihthave aainst each other! preparin a document authorizin a married couple who
hadbeen separated for nine years to marry aain, renouncin the riht of action which eachmay have
aainst the other! and preparin a document declarin the con)ualpartnership dissolved 2Espinosa v.
-mana, $.". 'o. 8EA9, -ctober 92, 2E996
Republic of the Philippines
SUPREME COURT
1anila
.,RS& 0,3,S,-'
A.C. No. ??3 Au6u+" A3% A>>D
TAN TIONG BIO -.G.-. HENRY TAN% "omplainant,
vs.
ATTY. RENATO L. GONZALES% Respondent.
0 E " , S , - '
GARCIA% J.:
;nder consideration is this complaint
9
for disbarment filed by &an &ion /io, a.B.a. 4enry &an, aainst
$tty. Renato +. 5onzales for alleedly notarizin a conveyin deed outside the territory covered by his
notarial commission and without requirin the personal presence before him of the sinatories to the deed
before notarizin the same, in violation of the 'otarial +aw and the lawyerIs oath.
conveyin instrument must be present before the notary public at the same time when they acBnowlede
its due e%ecution.
&here can be quibblin, however, that the respondent breached the in)unction aainst notarizin a
document in a place outside oneIs commission. $s reported by the ,nvestiatin "ommissioner,
respondent acBnowleded that from .ebruary 9, 988> to September *E, 2EE9, within which period 0eed
99EA was notarized, his notarial commission then issued was for Guezon "ity.
99
0eed 99EA was,
however, notarized in Pasi "ity. &o compound matters, he admitted havin notarized hundreds of
documents in Pasi "ity, where he used to hold office,
92
durin the period that his notarial commission
was only for and within Guezon "ity.
=hile seeminly appearin to be a harmless incident, respondentIs act of notarizin documents in a place
outside of or beyond the authority ranted by his notarial commission, partaBes of malpractice of law and
falsification. =hile perhaps not on all fours because of the sliht dissimilarity in the violation involved,
what the "ourt said in6unga v0 :ira!
9*
is very much apropos(
=here the notarization of a document is done by a member of the Philippine /ar at a time when he has no
authorization or commission to do so, the offender may be sub)ected to disciplinary action. .or one,
performin a notarial MactN without such commission is a violation of the lawyerIs oath to obey the laws,
more specifically, the 'otarial +aw. &hen, too, by maBin it appear that he is duly commissioned when he
is not, he is, for all leal intents and purposes, indulin in deliberate falsehood, which the lawyerIs oath
similarly proscribes. &hese violations fall squarely within the prohibition of Rule 9.E9 of "anon 9 of the
"ode of Professional Responsibility, which provides( C$ lawyer shall not enae in unlawful, dishonest,
immoral or deceitful conduct.C
,t cannot be over-emphasized that notarization is not an empty, meaninless, routinary act. .ar from it.
'otarization is invested with substantive public interest, such that only those who are qualified or
authorized may act as notaries public.
9:
4ence, the requirements for the issuance of a commission as
notary public are treated with a formality definitely more than casual.
9#
.or all leal intents and purposes, respondent, by performin throuh the years notarial acts in Pasi "ity
where he is not so authorized, has induled in deliberate falsehood. /y such malpractice as a notary
public, respondent liBewise violated "anon ? of the "ode of Professional Responsibility, which directs
every lawyer to uphold at all times the interity and dinity of the leal profession.
&o be sure, respondent cannot plausibly seeB refue in the complainantIs alleed delay in filin the
instant complaint for disbarment. 4e cannot, as a means to defeat the present chare, invoBe the
complainantIs ill-motive in filin said complaint. =e have, time and aain, held that the "ourtIs
disciplinary authority cannot be defeated or frustrated by a mere delay in filin the complaint, or by the
complainantIs motivation to do so. &he practice of law is so delicately affected by public interest that it is
both a riht and a duty of the State to control and reulate it in order to protect and promote public
welfare.
9>
,ndeed, we have held that an administrative complaint aainst a member of the bar does not
prescribe.
9?
'eedless to stress, respondent cannot escape from disciplinary action in his capacity as member of the bar
and as a notary public. 4is proven transression does not, however, merit disbarment, as ured by the
complainant. &his most severe form of disciplinary sanction ouht to be imposed only in a clear case of
misconduct that seriously affects the standin and character of a respondent as an officer of the court and
as a member of the bar. 0isbarment should never be decreed where any lesser penalty, such as temporary
suspension, could accomplish the end desired.
9A
"avvphi"
&he ,/P Report recommended the revocation of respondentIs commission as a notary public 2in any
)urisdiction6, if still e%istin, and that he henceforth be disqualified from bein commissioned as such for
a period of one 296 year. $ one-month suspension from the practice of law for violation of "anon 9
98
and
Rule 9.E9
2E
of the "ode of Professional Responsibility is also recommended for the respondent.
,n >oreta v0 ,impliciano,
29
the "ourt meted the penalty of two 226 years suspension from law practice on
$tty. Simpliciano as well as his permanent disqualification from bein commissioned as notary public for
notarizin several documents after his commission as notary public had already e%pired.
"onsiderin the circumstances and the e%tent of respondentIs willful malfeasance, and uided by Ooreta,
a penalty hiher than that recommended by the ,/P "ommission on /ar 0iscipline ouht to be imposed.
=4ERE.-RE, respondent $tty. Renato +. 5onzales is PER1$'E'&+F /$RRE0 from bein
commissioned as 'otary Public. 4e is furthermore S;SPE'0E0 from the practice of law for a period of
two 226 years, effective upon receipt of a copy of this 0ecision.
+et copies of this 0ecision be furnished all the courts of the land, throuh the -ffice of the "ourt
$dministrator, as well as the ,nterated /ar of the Philippines, and let the -ffice of the /ar "onfidant be
notified of this 0ecision which is hereby ordered duly recorded in the personal files of the respondent.
S- -R0ERE0.
CANCIO C. GARCIA
$ssociate @ustice
=E "-'";R(
9>
$.c.no.>#E#, sept. 99, 2EEA@essica uy,
"omplainant
3s
.atty. Emmanuel p. Sano,respondent
.acts( respondent was the counsel for pablo buros,an intevenor of the civil case for foreclosure of the
real estate mortae.in the course of the proceedin,respondent presented before the trila court a
document of deed of absolute sale which he notarized ondec. ?, 2EE9.howewver,in a letter submitted by
the clerB of court,it appear that therespondent was not issued a notarial commission on that year.hence,the
instant administrative case.
,ssue(is the act of notarizin after the e%piration of respondentJs notarial commission, a malpractice one<
Rulin(yes,the act of the respondents falls squarely within the prohibition of rule9E9,canon 9 of the code
of professional responsibility as well as a violation of thelawyerJs oath,to obey the laws,more
specifically,the notarial law.the court also finds therespondent uilty of the violation of canon ? of the
same code which directs every lawyer to uphold at all times the interity and dinity of the leal
peofession.the respondent is
suspended for > months in the practice of law and a revocation of his notarial commissionand disqualified
for a reappointment of his notarial commission for 2 years
$.c.no. ??A9, sept. 92, 2EEA0ela cruz vs. $tty )ose r. 0imaano
.acts(
the complainants filed a complaint for disbarment which stemmed from the notarialactivity of the
respondent in notarizin a document denominated as e%tra )udicialsettlement of the estate with waiver or
rihts purportedly e%ecuted by them and their sister zenaida v.l.navarro.the complainants also further
alleed that the respondent hadmade untruthful statements in the acBnowledment portion of the
notarizeddocument,when he made it appear amon other thins,that complainants personallyappear
before him and that they affi%ed their sinaturesnon the document in his presence.in the
process,respondent effectively enabled their sister, navarro,assume fullownership of their deceased
parents property and sell the same to dpwh.the respondentadmitted havin a hand indeed in notarized it
and notarized it in ood faith relyin on therepresentation and assurance of zenaida navarro.
,ssue( whether or not the act of the respondent is a violation of notarial law<
Rulin( the court finds the respondent uilty for breach of the notarial law.lawyerscommissioned as
notaries public are mandated to dischare with fidelity the duties of their offices,such duties bein
dictated by public policy and impressed with publicinterest.the court further ordered for the revocation of
the notarial commission anddisqualified him of practicin law for a period of two years