Canons of Professional Eti!s "# - $3 R%les of Co%rt R%le 13& $$ - $' R%le 13' $9 - (" R%le 13' ) A (3 Ne* Code of +%di!ial Cond%!t for te Pilippine +%di!iary '9 - 1#" Code of +%di!ial Cond%!t 1#3 - 111 Canons of +%di!ial Eti!s 11" - 1"3 R%les of Co%rt R%le 13, 1"$ R%le 1$# 1"& - 13# R%le 139 ) A ($ - ,$ R%le 139 ) B ,$ ) '" R%le ,1 '3 - '' For- "' ) Attorney.s Oat 131 CO/E OF PROFESS0ONAL RESPONS0B0L0T1 2Pro-%l3ated +%ne "14 19''5
C6APTER 07 T6E LA81ER AN/ SOC0ET1 2 1 CANON 1 - A LA81ER S6ALL 9P6OL/ T6E CONST0T9T0ON4 OBE1 T6E LA8S OF T6E LAN/ AN/ PRO:OTE RESPECT FOR LA8 OF AN/ LE;AL PROCESSES. Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system. Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any mans cause. Rule 1.0! - A lawyer shall encourage his clients to avoid, end or settle a controversy if it will admit of a fair settlement. CANON " - A LA81ER S6ALL :A<E 60S LE;AL SER=0CES A=A0LABLE 0N AN EFF0C0ENT AN/ CON=EN0ENT :ANNER CO:PAT0BLE 80T6 T6E 0N/EPEN/ENCE4 0NTE;R0T1 AN/ EFFECT0=ENESS OF T6E PROFESS0ON7 Rule 2.01 - A lawyer shall not re"ect, e#cept for valid reasons, the cause of the defenseless or the oppressed. Rule 2.02 - $n such cases, even if the lawyer does not accept a case, he shall not refuse to render legal advice to the person concerned if only to the e#tent necessary to safeguard the latters rights. Rule 2.03 - A lawyer shall not do or permit to be done any act designed primarily to solicit legal business. Rule 2.0! - A lawyer shall not charge rates lower than those customarily prescribed unless the circumstances so warrant. CANON 3 - A LA81ER 0N :A<0N; <NO8N 60S LE;AL SER=0CES S6ALL 9SE ONL1 TR9E4 6ONEST4 FA0R4 /0;N0F0E/ AN/ OB+ECT0=E 0NFOR:AT0ON OR STATE:ENT OF FACTS7 Rule 3.01 - A lawyer shall not use or permit the use of any false, fraudulent, misleading, deceptive, undignified, self-laudatory or unfair statement or claim regarding his %ualifications or legal services. Rule 3.02 - $n the choice of a firm name, no false, misleading or assumed name shall be used. &he continued use of the name of a deceased partner is permissible provided that the firm indicates in all its communications that said partner is deceased. Rule 3.03 - 'here a partner accepts public office, he shall withdrawal from the firm and his name shall be dropped from the firm name unless the law allows him to practice law currently. Rule 3.0! - A lawyer shall not pay or give anything of value to representatives of the mass media in anticipation of, or in return for, publicity to attract legal business. 3 4 CANON $ - A LA81ER S6ALL PART0C0PATE 0N T6E /E=ELOP:ENT OF T6E LE;AL S1STE: B1 0N0T0AT0N; OR S9PPORT0N; EFFORTS 0N LA8 REFOR: AN/ 0N T6E 0:PRO=E:ENT OF T6E A/:0N0STRAT0ON OF +9ST0CE7 CANON & - A LA81ER S6ALL <EEP ABREAST OF LE;AL /E=ELOP:ENTS4 PART0C0PATE 0N CONT0N90N; LE;AL E/9CAT0ON PRO;RA:S4 S9PPORT EFFORTS TO AC60E=E 60;6 STAN/AR/S 0N LA8 SC6OOLS AS 8ELL AS 0N T6E PRACT0CAL TRA0N0N; OF LA8 ST9/ENTS AN/ ASS0ST 0N /0SSE:0NAT0N; T6E LA8 AN/ +9R0SPR9/ENCE7 CANON ( - T6ESE CANONS S6ALL APPL1 TO LA81ERS 0N ;O=ERN:ENT SER=0CES 0N T6E /0SC6AR;E OF T6E0R TAS<S7 Rule (.01 - &he primary duty of a lawyer engaged in public prosecution is not to convict but to see that "ustice is done. &he suppression of facts or the concealment of witnesses capable of establishing the innocence of the accused is highly reprehensible and is cause for disciplinary action. Rule (.02 - A lawyer in the government service shall not use his public position to promote or advance his private interests, nor allow the latter to interfere with his public duties. Rule (.03 - A lawyer shall not, after leaving government service, accept engagement or employment in connection with any matter in which he had intervened while in said service. C6APTER 007 T6E LA81ER AN/ T6E LE;AL PROFESS0ON CANON , - A LA81ER S6ALL AT ALL T0:ES 9P6OL/ T6E 0NTE;R0T1 AN/ /0;N0T1 OF T6E LE;AL PROFESS0ON AN/ S9PPORT T6E ACT0=0T0ES OF T6E 0NTE;RATE/ BAR7 Rule ).01 - A lawyer shall be answerable for *nowingly ma*ing a false statement or suppressing a material fact in connection with his application for admission to the bar. Rule ).02 - A lawyer shall not support the application for admission to the bar of any person *nown by him to be un%ualified in respect to character, education, or other relevant attribute. Rule ).03 - A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor shall he whether in public or private life, behave in a scandalous manner to the discredit of the legal profession. +ANON ' - A LA81ER S6ALL CON/9CT 60:SELF 80T6 CO9RTES14 FA0RNESS AN/ CAN/OR TO8AR/S 60S PROFESS0ONAL COLLEA;9ES4 AN/ S6ALL A=O0/ 6ARASS0N; TACT0CS A;A0NST OPPOS0N; CO9NSEL7 5 6 Rule ,.01 - A lawyer shall not, in his professional dealings, use language which is abusive, offensive or otherwise improper. Rule ,.02 - A lawyer shall not, directly or indirectly, encroach upon the professional employment of another lawyer, however, it is the right of any lawyer, without fear or favor, to give proper advice and assistance to those see*ing relief against unfaithful or neglectful counsel. CANON 9 - A LA81ER S6ALL NOT4 /0RECTL1 OR 0N/0RECTL14 ASS0ST 0N T6E 9NA9T6OR0>E/ PRACT0CE OF LA87 Rule -.01 - A lawyer shall not delegate to any un%ualified person the performance of any tas* which by law may only be performed by a member of the bar in good standing. Rule -.02 - A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice law, e#cept. /a0 'here there is a pre-e#isting agreement with a partner or associate that, upon the latters death, money shall be paid over a reasonable period of time to his estate or to persons specified in the agreement1 or /b0 'here a lawyer underta*es to complete unfinished legal business of a deceased lawyer1 or /c0 'here a lawyer or law firm includes non-lawyer employees in a retirement plan even if the plan is based in whole or in part, on a profit sharing agreement. C6APTER 0007 T6E LA81ER AN/ T6E CO9RTS CANON 1# - A LA81ER O8ES CAN/OR4 FA0RNESS AN/ ;OO/ FA0T6 TO T6E CO9RT7 Rule 10.01 - A lawyer shall not do any falsehood, nor consent to the doing of any in +ourt1 nor shall he mislead, or allow the +ourt to be misled by any artifice. Rule 10.02 - A lawyer shall not *nowingly mis%uote or misrepresent the contents of a paper, the language or the argument of opposing counsel, or the te#t of a decision or authority, or *nowingly cite as law a provision already rendered inoperative by repeal or amendment, or assert as a fact that which has not been proved. Rule 10.03 - A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of "ustice. CANON 11 - A LA81ER S6ALL OBSER=E AN/ :A0NTA0N T6E RESPECT /9E TO T6E CO9RTS AN/ TO +9/0C0AL OFF0CERS AN/ S6O9L/ 0NS0ST ON S0:0LAR CON/9CT B1 OT6ERS7
7 8 Rule 11.01 - A lawyer shall appear in court properly attired. Rule 11.02 - A lawyer shall punctually appear at court hearings. Rule 11.03 - A lawyer shall abstain from scandalous, offensive or menacing language or behavior before the +ourts. Rule 11.0! - A lawyer shall not attribute to a 2udge motive not supported by the record or have no materiality to the case. Rule 11.03 - A lawyer shall submit grievances against a 2udge to the proper authorities only. CANON 1" - A LA81ER S6ALL E?ERT E=ER1 EFFORT AN/ CONS0/ER 0T 60S /9T1 TO ASS0ST 0N T6E SPEE/1 AN/ EFF0C0ENT A/:0N0STRAT0ON OF +9ST0CE7
Rule 12.01 - A lawyer shall not appear for trial unless he has ade%uately prepared himself on the law and the facts of his case, the evidence he will adduce and the order of its proferrence. 4e should also be ready with the original documents for comparison with the copies. Rule 12.02 - A lawyer shall not file multiple actions arising from the same cause. Rule 12.03 - A lawyer shall not, after obtaining e#tensions of time to file pleadings, memoranda or briefs, let the period lapse without submitting the same or offering an e#planation for his failure to do so. Rule 12.0! - A lawyer shall not unduly delay a case, impede the e#ecution of a "udgment or misuse +ourt processes. Rule 12.03 - A lawyer shall refrain from tal*ing to his witness during a brea* or recess in the trial, while the witness is still under e#amination. Rule 12.0( - A lawyer shall not *nowingly assist a witness to misrepresent himself or to impersonate another. Rule 12.0) - A lawyer shall not abuse, browbeat or harass a witness nor needlessly inconvenience him. Rule 12.0, - A lawyer shall avoid testifying in behalf of his client, e#cept. /a0 on formal matters, such as the mailing, authentication or custody of an instrument, and the li*e1 or /b0 on substantial matters, in cases where his testimony is essential to the ends of "ustice, in which event he must, during his testimony, entrust the trial of the case to another counsel. CANON 13 - A LA81ER S6ALL REL1 9PON T6E :ER0TS OF 60S CA9SE AN/ REFRA0N FRO: AN1 0:PROPR0ET1 860C6 9 10 TEN/S TO 0NFL9ENCE4 OR ;0=ES T6E APPEARANCE OF 0NFL9ENC0N; T6E CO9RT7
Rule 13.01 - A lawyer shall not e#tend e#traordinary attention or hospitality to, nor see* opportunity for cultivating familiarity with 2udges. Rule 13.02 - A lawyer shall not ma*e public statements in the media regarding a pending case tending to arouse public opinion for or against a party. Rule 13.03 - A lawyer shall not broo* or invite interference by another branch or agency of the government in the normal course of "udicial proceedings. C6APTER 0=7 T6E LA81ER AN/ T6E CL0ENT CANON 1$ - A LA81ER S6ALL NOT REF9SE 60S SER=0CES TO T6E NEE/17
Rule 1!.01 - A lawyer shall not decline to represent a person solely on account of the latters race, se#. creed or status of life, or because of his own opinion regarding the guilt of said person. Rule 1!.02 - A lawyer shall not decline, e#cept for serious and sufficient cause, an appointment as counsel de officio or as amicus curiae, or a re%uest from the $ntegrated 5ar of the 6hilippines or any of its chapters for rendition of free legal aid. Rule 1!.03 - A lawyer may not refuse to accept representation of an indigent client if. /a0 he is not in a position to carry out the wor* effectively or competently1 /b0 he labors under a conflict of interest between him and the prospective client or between a present client and the prospective client. Rule 1!.0! - A lawyer who accepts the cause of a person unable to pay his professional fees shall observe the same standard of conduct governing his relations with paying clients. CANON 1& - A LA81ER S6ALL OBSER=E CAN/OR4 FA0RNESS AN/ LO1ALT1 0N ALL 60S /EAL0N;S AN/ TRANSACT0ONS 80T6 60S CL0ENTS7
Rule 13.01. - A lawyer, in conferring with a prospective client, shall ascertain as soon as practicable whether the matter would involve a conflict with another client or his own interest, and if so, shall forthwith inform the prospective client. Rule 13.02. - A lawyer shall be bound by the rule on privilege communication in respect of matters disclosed to him by a prospective client. 1 12 11 Rule 13.03. - A lawyer shall not represent conflicting interests e#cept by written consent of all concerned given after a full disclosure of the facts. Rule 13.0!. - A lawyer may, with the written consent of all concerned, act as mediator, conciliator or arbitrator in settling disputes. Rule 13.03. - A lawyer when advising his client shall give a candid and honest opinion on the merits and probable results of the clients case, neither overstating nor understating the prospects of the case. Rule 13.0(. - A lawyer shall not state or imply that he is able to influence any public official, tribunal or legislative body. Rule 13.0). - A lawyer shall impress upon his client compliance with the laws and the principles of fairness. Rule 13.0,. - A lawyer who is engaged in another profession or occupation concurrently with the practice of law shall ma*e clear to his client whether he is acting as a lawyer or in another capacity. CANON 1( - A LA81ER S6ALL 6OL/ 0N TR9ST ALL :ONE1S AN/ PROPERT0ES OF 60S CL0ENT T6AT :A1 CO:E 0NTO 60S PROFESS0ON7
Rule 1(.01 - A lawyer shall account for all money or property collected or received for or from the client. Rule 1(.02 - A lawyer shall *eep the funds of each client separate and apart from his own and those of others *ept by him. Rule 1(.03 - A lawyer shall deliver the funds and property of his client when due or upon demand. 4owever, he shall have a lien over the funds and may apply so much thereof as may be necessary to satisfy his lawful fees and disbursements, giving notice promptly thereafter to his client. 4e shall also have a lien to the same e#tent on all "udgments and e#ecutions he has secured for his client as provided for in the Rules of +ourt. Rule 1(.0! - A lawyer shall not borrow money from his client unless the clients interests are fully protected by the nature of the case or by independent advice. 7either shall a lawyer lend money to a client e#cept, when in the interest of "ustice, he has to advance necessary e#penses in a legal matter he is handling for the client. CANON 1, - A LA81ER O8ES F0/EL0T1 TO T6E CA9SE OF 60S CL0ENT AN/ 6E S6ALL BE :0N/F9L OF T6E TR9ST AN/ CONF0/ENCE REPOSE/ 0N 60:7 CANON 1' - A LA81ER S6ALL SER=E 60S CL0ENT 80T6 CO:PETENCE AN/ /0L0;ENCE7
Rules 1,.01 - A lawyer shall not underta*e a legal service which he 14 13 *nows or should *now that he is not %ualified to render. 4owever, he may render such service if, with the consent of his client, he can obtain as collaborating counsel a lawyer who is competent on the matter. Rule 1,.02 - A lawyer shall not handle any legal matter without ade%uate preparation. Rule 1,.03 - A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection therewith shall render him liable. Rule 1,.0! - A lawyer shall *eep the client informed of the status of his case and shall respond within a reasonable time to the clients re%uest for information. CANON 19 - A LA81ER S6ALL REPRESENT 60S CL0ENT 80T6 >EAL 80T60N T6E BO9N/S OF T6E LA87
Rule 1-.01 - A lawyer shall employ only fair and honest means to attain the lawful ob"ectives of his client and shall not present, participate in presenting or threaten to present unfounded criminal charges to obtain an improper advantage in any case or proceeding. Rule 1-.02 - A lawyer who has received information that his client has, in the course of the representation, perpetrated a fraud upon a person or tribunal, shall promptly call upon the client to rectify the same, and failing which he shall terminate the relationship with such client in accordance with the Rules of +ourt. Rule 1-.03 - A lawyer shall not allow his client to dictate the procedure in handling the case. CANON "# - A LA81ER S6ALL C6AR;E ONL1 FA0R AN/ REASONABLE FEES7
Rule 20.01 - A lawyer shall be guided by the following factors in determining his fees. /a0 the time spent and the e#tent of the service rendered or re%uired1 /b0 the novelty and difficulty of the %uestions involved1 /c0 &he importance of the sub"ect matter1 /d0 &he s*ill demanded1 /e0 &he probability of losing other employment as a result of acceptance of the proffered case1 /f0 &he customary charges for similar services and the schedule of fees of the $56 chapter to which he belongs1 /g0 &he amount involved in the controversy and the benefits resulting to the client from the service1 15 16 /h0 &he contingency or certainty of compensation1 /i0 &he character of the employment, whether occasional or established1 and /"0 &he professional standing of the lawyer. Rule 20.02 - A lawyer shall, in case of referral, with the consent of the client, be entitled to a division of fees in proportion to the wor* performed and responsibility assumed. Rule 20.03 - A lawyer shall not, without the full *nowledge and consent of the client, accept any fee, reward, costs, commission, interest, rebate or forwarding allowance or other compensation whatsoever related to his professional employment from anyone other than the client. Rule 20.0! - A lawyer shall avoid controversies with clients concerning his compensation and shall resort to "udicial action only to prevent imposition, in"ustice or fraud. CANON "1 - A LA81ER S6ALL PRESER=E T6E CONF0/ENCE AN/ SECRETS OF 60S CL0ENT E=EN AFTER T6E ATTORNE1-CL0ENT RELAT0ON 0S TER:0NATE/7 Rule 21.01 - A lawyer shall not reveal the confidences or secrets of his client e#cept1 /a0 'hen authori8ed by the client after ac%uainting him of the conse%uences of the disclosure1 /b0 'hen re%uired by law1 /c0 'hen necessary to collect his fees or to defend himself, his employees or associates or by "udicial action. Rule 21.02 - A lawyer shall not, to the disadvantage of his client, use information ac%uired in the course of employment, nor shall he use the same to his own advantage or that of a third person, unless the client with full *nowledge of the circumstances consents thereto. Rule 21.03 - A lawyer shall not, without the written consent of his client, give information from his files to an outside agency see*ing such information for auditing, statistical, boo**eeping, accounting, data processing, or any similar purpose. Rule 21.0! - A lawyer may disclose the affairs of a client of the firm to partners or associates thereof unless prohibited by the client. Rule 21.03 - A lawyer shall adopt such measures as may be re%uired to prevent those whose services are utili8ed by him, from disclosing or using confidences or secrets of the clients. Rule 21.0( - A lawyer shall avoid indiscreet conversation about a clients affairs even with members of his family. Rule 21.0) - A lawyer shall not reveal that he has been consulted about a particular case e#cept to avoid possible conflict of interest. 17 18 CANON "" - A LA81ER S6ALL 80T6/RA8 60S SER=0CES ONL1 FOR ;OO/ CA9SE AN/ 9PON NOT0CE APPROPR0ATE 0N T6E C0RC9:STANCES7
Rule 22.01 - A lawyer may withdraw his services in any of the following case. /a0 'hen the client pursues an illegal or immoral course of conduct in connection with the matter he is handling1 /b0 'hen the client insists that the lawyer pursue conduct violative of these canons and rules1 /c0 'hen his inability to wor* with co-counsel will not promote the best interest of the client1 /d0 'hen the mental or physical condition of the lawyer renders it difficult for him to carry out the employment effectively1 /e0 'hen the client deliberately fails to pay the fees for the services or fails to comply with the retainer agreement1 /f0 'hen the lawyer is elected or appointed to public office1 and /g0 9ther similar cases. Rule 22.02 - A lawyer who withdraws or is discharged shall, sub"ect to a retainer lien, immediately turn over all papers and property to which the client is entitled, and shall cooperative with his successor in the orderly transfer of the matter, including all information necessary for the proper handling of the matter. CANONS OF PROFESS0ONAL ET60C6S
PREA:BLE 0n te Pilippines4 *ere te stability of !o%rts and of all depart-ents of 3o@ern-ent rests %pon te appro@al of te people4 it is pe!%liarly essential tat te syste- for establisin3 and dispensin3 A%sti!e be de@eloped to a i3 point of effi!ien!y and so -aintained tat te p%bli! sall a@e absol%te !onfiden!e in te inte3rity and i-partiality of its ad-inistration7 Te f%t%re of te Rep%bli!4 to a 3reat eBtent4 depends %pon o%r -aintenan!e of A%sti!e p%re and %ns%llied7 0t !annot be so -aintained %nless te !ond%!t and te -oti@es of te -e-bers of o%r profession are s%! as to -erit te appro@al of all A%st -en7 No !ode or set of r%les !an be fra-ed4 *i! *ill parti!%lariCe all te d%ties of te la*yer in te @aryin3 pase of liti3ation or in all te relations of professional life7 Te follo*in3 !anons of eti!s are adopted by te Pilippine Bar Asso!iation as a 3eneral 3%ide4 yet te en%-eration of parti!%lar d%ties so%ld not be !onstr%ed as a denial of te eBisten!e of oters eD%ally i-perati@e4 to%3 not spe!ifi!ally -entioned7 17 Te d%ty of te la*yer to te !o%rts 19 20 0t is te d%ty of te la*yer to -aintain to*ards te !o%rts a respe!tf%l attit%de4 not for te saEe of te te-porary in!%-bent of te A%di!ial offi!e4 b%t for te -aintenan!e of its s%pre-e i-portan!e7 +%d3es4 not bein3 *olly free to defend te-sel@es4 are pe!%liarly entitled to re!ei@e te s%pport of te bar a3ainst %nA%st !riti!is- and !la-or7 8ene@er tere is proper 3ro%nd for serio%s !o-plaint of a A%di!ial offi!er4 it is te ri3t and d%ty of te la*yer to s%b-it is 3rie@an!es to te proper a%torities7 0n s%! !ases4 b%t not oter*ise4 s%! !ar3es so%ld be en!o%ra3ed and te person -aEin3 te- so%ld be prote!ted7 "7 Te sele!tion of A%d3es 0t is te d%ty of te bar to endea@or to pre@ent politi!al !onsiderations fro- o%t*ei3in3 A%di!ial fitness in te sele!tion of A%d3es7 0t so%ld protest earnestly and a!ti@ely a3ainst te appoint-ent of tose *o are %ns%itable for te ben!F and it so%ld stri@e to a@e ele@ated tereto only tose *illin3 to fore3o oter e-ploy-ents *eter of a b%siness4 politi!al or oter !ara!ter4 *i! -ay e-barrass teir free and fair !onsideration of D%estions before te- for de!ision7 Te aspiration of la*yers for A%di!ial position so%ld be 3o@erned by an i-partial esti-ate of teir ability to add to te offi!e and not by a desire for te distin!tion te position -ay brin3 to te-sel@es7 37 Atte-pts to eBert personal infl%en!e of te !o%rt :arEed attention and %n%s%al ospitality on te part of a la*yer to a A%d3e4 %n!alled for by te personal relations of te parties4 s%bAe!t bot te A%d3e and te la*yer to -is!onstr%!tions of -oti@e and so%ld be a@oided7 A la*yer so%ld not !o--%ni!ate or ar3%e pri@ately *it te A%d3e as to te -erits of a pendin3 !a%se and deser@es reb%Ee and den%n!iation for any de@i!e or atte-pt to 3ain fro- a A%d3e spe!ial personal !onsideration or fa@or7 A self-respe!tin3 independen!e in te dis!ar3e of professional d%ty4 *ito%t denial or di-in%tion of te !o%rtesy and respe!t d%e te A%d3eGs station4 is te only proper fo%ndation for !ordial personal and offi!ial relations bet*een ben! and bar7 $7 Co%nsel for an indi3ent prisoner A la*yer assi3ned as !o%nsel for an indi3ent prisoner o%3t not to asE to be eB!%sed for any tri@ial reason and so%ld al*ays eBert is best efforts in is bealf7 &7 Te defense or prose!%tion of tose a!!%sed of !ri-e 0t is te ri3t of te la*yer to %ndertaEe te defense of a person a!!%sed of !ri-e4 re3ardless of is personal opinion as to te 3%ilt of te a!!%sedF oter*ise4 inno!ent persons4 @i!ti-s only of s%spi!io%s !ir!%-stan!es4 -i3t be denied proper defense7 6a@in3 %ndertaEen s%! defense4 te la*yer is bo%nd4 by all fair and onorable -eans4 to present e@ery defense tat te la* of te land per-its4 to te end tat no person -ay be depri@ed of life or liberty b%t by d%e pro!ess of la*7 21 1 22 Te pri-ary d%ty of a la*yer en3a3ed in p%bli! prose!%tion is not to !on@i!t b%t to see tat A%sti!e is done7 Te s%ppression of fa!ts or te se!retin3 of *itnesses !apable of establisin3 te inno!en!e of te a!!%sed is i3ly repreensible7 (7 Ad@erse infl%en!e and !onfli!tin3 interests 0t is a d%ty of a la*yer at te ti-e of retainer to dis!lose to te !lient all te !ir!%-stan!es of is relations to te parties and any interest in or !onne!tion *it te !ontro@ersy4 *i! -i3t infl%en!e te !lient in te sele!tion of !o%nsel7 0t is %nprofessional to represent !onfli!tin3 interests4 eB!ept by eBpress !onsent of all !on!erned 3i@en after a f%ll dis!los%re of te fa!ts7 8itin te -eanin3 of tis !anon4 a la*yer represents !onfli!tin3 interests *en4 in bealf of one !lient4 it is is d%ty to !ontend for tat *i! d%ty to anoter !lient reD%ires i- to oppose7 Te obli3ation to represent te !lient *it %ndi@ided fidelity and not to di@%l3e is se!rets or !onfiden!e forbids also s%bseD%ent a!!eptan!e of retainers or e-ploy-ent fro- oters in -atters ad@ersely affe!tin3 any interest of te !lient *it respe!t to *i! !onfiden!e as been reposed7 ,7 Professional !ollea3%es and !onfli!ts of opinions A !lientGs proffer of assistan!e of additional !o%nsel so%ld not be re3arded as e@iden!e of *ant of !onfiden!e4 b%t te -atter so%ld be left to te deter-ination of te !lient7 A la*yer so%ld de!line asso!iation as !ollea3%e if it is obAe!tionable to te ori3inal !o%nsel4 b%t if te la*yer first retained is relie@ed4 anoter -ay !o-e into te !ase7 8en la*yers Aointly asso!iated in a !a%se !annot a3ree as to any -atter @ital to te interest of te !lient4 te !onfli!t of opinion so%ld franEly stated to i- for is final deter-ination7 6is de!ision so%ld be a!!epted %nless te nat%re of te differen!e -aEes it i-pra!ti!able for te la*yer *ose A%d3-ent as been o@err%led to !ooperate effe!ti@ity7 0n tis e@ent it is is d%ty to asE te !lient to relie@e i-7 Efforts4 dire!t or indire!t4 in any *ay to en!roa! %pon te professional e-ploy-ent of anoter la*yer are %n*orty of tose *o so%ld be bretren at te barF b%t4 ne@erteless4 it is te ri3t of any la*yer4 *ito%t fear or fa@or4 to 3i@e proper ad@i!e to tose seeEin3 relief a3ainst %nfaitf%l or ne3le!tf%l !o%nsel4 3enerally after !o--%ni!ation *it te la*yer a3ainst *o- te !o-plaint is -ade7 '7 Ad@isin3 %pon te -erits of a !lientGs !a%se A la*yer so%ld endea@or to obtain f%ll Eno*led3e of is !lientGs !a%se before ad@isin3 tereon4 and e is bo%nd to 3i@e a !andid opinion of te -erits and probable res%lt of pendin3 or !onte-plated liti3ation7 Te -is!arria3es to *i! A%sti!e is s%bAe!t4 by reason of s%rprises and disappoint-ents in e@iden!e and *itnesses4 tro%3 -istaEes and errors of 24 23 !o%rts4 e@en to%3 only o!!asional4 ad-onis la*yers to be*are of bold and !onfident ass%ran!es to !lients4 espe!ially *ere te e-ploy-ent -ay depend %pon s%! ass%ran!e7 8ene@er te !ontro@ersy *ill ad-it of fair A%d3-ent4 te !lient so%ld be ad@ised to a@oid or to end te liti3ation7 97 Ne3otiations *it opposite party A la*yer so%ld not in any *ay !o--%ni!ate %pon te s%bAe!t of !ontro@ersy *it a party represented by !o%nsel4 -%! less so%ld e %ndertaEe to ne3otiate or !o-pro-ise te -atter *it i-4 b%t so%ld deal only *it is !o%nsel7 0t is in!%-bent %pon te la*yer -ost parti!%larly to a@oid e@erytin3 tat -ay tend to -islead a party not represented by !o%nsel4 and e so%ld not %ndertaEe to ad@ise i- as to te la*7 1#7 A!D%irin3 interest in liti3ation Te la*yer so%ld not p%r!ase any interest in te s%bAe!t -atter of te liti3ation *i! e is !ond%!tin37 117 /ealin3 *it tr%st property Te la*yer so%ld refrain fro- any a!tion *ereby for is personal benefit or 3ain e ab%ses or taEes ad@anta3e of te !onfiden!e reposed in i- by is !lient7 :oney of te !lient or !olle!ted for te !lient or oter tr%st property !o-in3 into te possession of te la*yer so%ld be reported and a!!o%nted for pro-ptly and so%ld not %nder any !ir!%-stan!es be !o--in3led *it is o*n or be %sed by i-7 1"7 FiBin3 te a-o%nt of te fee 0n fiBin3 fees4 la*yers so%ld a@oid !ar3es *i! o@er esti-ate teir ad@i!e and ser@i!es4 as *ell as tose *i! %nder@al%e te-7 A !lientGs ability to pay !annot A%stify a !ar3e in eB!ess of te @al%e of te ser@i!e4 to%3 is po@erty -ay reD%ire a less !ar3e or e@en none at all7 Te reasonable reD%ests of broter la*yers4 and of teir *ido*s and orpans *ito%t a-ple -eans4 so%ld re!ei@e spe!ial and Eindly !onsideration7 0n deter-inin3 te a-o%nt of te fees4 it is proper to !onsiderH 2 1 5 te ti-e and labor reD%ired4 te no@elty and diffi!%lty of te D%estions in@ol@ed and te sEill reD%ired to properly !ond%!t te !a%seF 2"5 *eter te a!!eptan!e of e-ploy-ent in te parti!%lar !ase *ill pre!l%de te la*yerGs appearan!e for oters in !ases liEely to arise o%t of te transa!tion4 and in *i! tere is a reasonable eBpe!tation tat oter*ise e *o%ld be e-ployed in te parti!%lar !ase or anta3onis-s *it oter !lientsF 235 te !%sto-ary !ar3es of te bar for si-ilar ser@i!esF 2$5 te a-o%nt in@ol@ed in te !ontro@ersy and te benefits res%ltin3 to te !lient fro- te ser@i!esF 2&5 te !ontin3en!y or te !ertainty of te !o-pensationF and 2(5 te !ara!ter of te e-ploy-ent4 *eter !as%al or for an establised and !onstant !lient7 Not one of tese 25 26 !onsiderations in itself is !ontrollin37 Tey are -ere 3%ides in as!ertainin3 te real @al%e of te ser@i!e7 0n deter-inin3 te !%sto-ary !ar3es of te bar for si-ilar ser@i!es4 it is proper for a la*yer to !onsider a s!ed%le of -ini-%- fees adopted by a bar asso!iation4 b%t no la*yer so%ld per-it i-self to be !ontrolled tereby or to follo* it as is sole 3%ide in deter-inin3 te a-o%nt of is fee7 0n fiBin3 fees4 it so%ld not be for3otten tat te profession is a bran! of te ad-inistration of A%sti!e and not a -ere -oney-3ettin3 trade7 137 Contin3ent fees A !ontra!t for a !ontin3ent fee4 *ere san!tioned by la*4 so%ld be reasonable %nder all te !ir!%-stan!es of te !ase in!l%din3 te risE and %n!ertainty of te !o-pensation4 b%t so%ld al*ays be s%bAe!t to te s%per@ision of a !o%rt4 as to its reasonableness 7 1$7 S%in3 a !lient for a fee Contro@ersies *it !lients !on!ernin3 !o-pensation are to be a@oided by te la*yer so far as sall be !o-patible *it is self respe!t and *it is ri3t to re!ei@e reasonable re!o-pense for is ser@i!eF and la*s%its *it te !lients so%ld be resorted to only to pre@ent inA%sti!e4 i-position or fra%d7 1&7 6o* far a la*yer -ay 3o in s%pportin3 a !lientGs !a%se Notin3 operates -ore !ertainly to !reate or to foster pop%lar preA%di!e a3ainst la*yers as a !lass4 and to depri@e te profession of tat f%ll -eas%re of p%bli! estee- and !onfiden!e *i! belon3s to te proper dis!ar3e of its d%ties tan does te false !lai-7 Often set %p by te %ns!r%p%lo%s for te defense of D%estionable transa!tions4 tat it is te d%ty of te la*yer to do *ate@er -ay enable i- to s%!!eed in *innin3 is !lientGs !a%se7 0t is i-proper for a la*yer to assert in ar3%-ent is personal belief in is !lientGs inno!en!e or in te A%sti!e of is !a%se7 Te la*yer o*es Ientire de@otion to te interest of te !lient4 *ar- Ceal in te -aintenan!e and defense of is ri3ts and te eBertion of is %t-ost learnin3 and ability4I to te end tat notin3 be taEen or be *iteld fro- i-4 sa@e by te r%les of la*4 le3ally applied7 No fear of A%di!ial disfa@or or p%bli! pop%larity so%ld restrain i- fro- te f%ll dis!ar3e of is d%ty7 0n te A%di!ial for%- te !lient is entitled to te benefit of any and e@ery re-edy and defense tat is a%toriCed by te la* of te land4 and e -ay eBpe!t is la*yer to assert e@ery s%! re-edy or defense7 B%t it is steadfastly to be borne in -ind tat te 3reat tr%st of te la*yer is to be perfor-ed *itin and not *ito%t te bo%nds of te la*7 Te offi!e of attorney does not per-it4 -%! less does it de-and of i- for any !lient4 @iolation of la* or any -anner of fra%d or !i!anery4 e -%st obey is o*n !ons!ien!e and not tat of is !lient7 28 27 1(7 Restrainin3 !lients fro- i-proprieties A la*yer so%ld %se is best efforts to restrain and to pre@ent is !lients fro- doin3 tose tin3s *i! te la*yer i-self o%3t not to do4 parti!%larly *it referen!e to teir !ond%!t to*ards !o%rts4 A%di!ial offi!ers4 A%rors4 *itnesses and s%itors7 0f a !lient persists in s%! *ron3doin3s te la*yer so%ld ter-inate teir relation7 1,7 0ll-feelin3s and personalities bet*een ad@o!ates Clients4 not la*yers4 are te liti3ants7 8ate@er -ay be te ill-feelin3 eBistin3 bet*een !lients so%ld not be allo*ed to infl%en!e !o%nsel in teir !ond%!t and de-eanor to*ard ea! oter or to*ard s%itors in te !ase7 All personalities bet*een !o%nsels so%ld be s!r%p%lo%sly a@oided7 0n te trial of a !a%se it is inde!ent to all%de to te personal istory or te personal pe!%liarities and idiosyn!rasies of !o%nsel on te oter side7 Personal !olloD%ies bet*een !o%nsel *i! !a%se delay and pro-ote %nsee-ly *ran3lin3s so%ld also be !aref%lly a@oided7 1'7 Treat-ent of *itnesses and liti3ants A la*yer so%ld al*ays treat ad@erse *itnesses and s%itors *it fairness and d%e !onsideration4 and e so%ld ne@er -inister to te -ale@olen!e or preA%di!es of a !lient in te trial or !ond%!t of a !a%se7 Te !lient !an not be -ade te Eeeper of te la*yerGs !ons!ien!e in professional -atter7 6e as no ri3t to de-and tat is !o%nsel sall ab%se te opposite party or ind%l3e in offensi@e personalities7 0-proper spee! is not eB!%sable on te 3ro%nd tat it is *at te !lient *o%ld say if speaEin3 in is o*n bealf7 197 Appearan!e of la*yer as *itness for is !lient 8en a la*yer is a *itness for is !lient4 eB!ept as to -erely for-al -atters4 s%! as te attestation or !%stody of an instr%-ent and te liEe4 e so%ld lea@e te trial of te !ase to oter !o%nsel7 EB!ept *en essential to te ends A%sti!e4 a la*yer so%ld a@oid testifyin3 in bealf of is !lient7 "#7 Ne*spaper dis!%ssion of pendin3 liti3ation Ne*spaper p%bli!ation by a la*yer as to pendin3 or anti!ipated liti3ation -ay interfere *it a fair trial in te !o%rts and oter*ise te d%e ad-inistration of A%sti!e7 ;enerally4 tey are to be !onde-ned7 0f te eBtre-e !ir!%-stan!es of a parti!%lar !ase A%stify a state-ent to te p%bli!4 it is %nprofessional to -aEe it anony-o%s7 An eB parte referen!e to te fa!ts so%ld not 3o beyond D%otation fro- te re!ords and papers on file in te !o%rtF b%t e@en in eBtre-e !ases it is better to a@oid an eB parte state-ent7 "17 P%n!t%ality and eBpedition 0t is te d%ty of te la*yer not only to is !lient4 b%t also to te !o%rts and to te p%bli! to be p%n!t%al in attendan!e4 and to be !on!ise and dire!t in te trial and disposition of !a%ses7 30 29 ""7 Candor and fairness Te !ond%!t of te la*yer before te !o%rt and *it oter la*yers so%ld be !ara!teriCed by !andor and fairness7 0t is not !andid nor fair for te la*yer Eno*in3ly to -isD%ote te !ontents of a paper4 te testi-ony of a *itness4 te lan3%a3e or te ar3%-ent of opposin3 !o%nsel4 of te lan3%a3e of a de!ision or a teBtbooEF or *it Eno*led3e of its in@alidity4 to !ite as a%tority a de!ision tat as been o@err%led or a stat%te tat as been repealed4 or in ar3%-ent to assert as a fa!t tat *i! as not been pro@ed4 or in tose A%risdi!tions *ere a side as te openin3 and !losin3 ar3%-ents to -islead is opponent by !on!ealin3 or *itoldin3 positions in is openin3 ar3%-ent %pon *i! is side ten intends to rely7 0t is %nprofessional and disonorable to deal oter tan !andidly *it te fa!ts in taEin3 te state-ents of *itnesses4 in dra*in3 affida@its and oter do!%-ents4 and in te presentation of !a%ses7 A la*yer so%ld not offer e@iden!e *i! e Eno*s te !o%rt so%ld reAe!t4 in order to 3et te sa-e before te A%ry by ar3%-ents for its ad-issibility4 nor so%ld e address to te A%d3e ar3%-ents %pon any points not properly !allin3 for deter-ination by i-7 Neiter so%ld e introd%!e into an ar3%-ent4 addressed to te !o%rt4 re-arEs or state-ents intended to infl%en!e te bystanders7 "37 Attit%de to*ards A%ry All atte-pts to !%rry fa@or *it A%ries by fa*nin3 flattery or pretended soli!it%de for teir personal !o-fort are %nprofessional7 S%33estions of !o%nsel4 looEin3 to te !o-fort or !on@enien!e of A%rors4 and propositions to dispense *it ar3%-ents4 so%ld be -ade to te !o%rt o%t of te A%ryGs earin37 A la*yer -%st ne@er !on@erse pri@ately *it A%rors abo%t te !aseF and bot before and d%rin3 te trial e so%ld a@oid !o--%ni!atin3 *it te- e@en as to -atters forei3n to te !a%se7 "$7 Ri3t of la*yer to !ontrol te in!idents of te trial As to in!idental -atters pendin3 trial4 not affe!tin3 te -erits of te !a%se4 or *orEin3 s%bstantial preA%di!e to te ri3ts of te !lient4 s%! as for!in3 te opposite la*yer to trial *en e is %nder affli!tion or berea@e-entF for!in3 te trial on a parti!%lar day to te inA%ry of te opposite la*yer *en no ar- *ill res%lt fro- a trial at different ti-eF a3reein3 to an eBtension of ti-e for si3nin3 a bill of eB!eptions4 !ross interro3atories and te liEe4 te la*yer -%st be allo*ed to A%d3e7 0n s%! -atters no !lient as a ri3t to de-and tat is !o%nsel sall be illiberal4 or tat e does anytin3 terein rep%3nant to is o*n sense of onor and propriety7 "&7 TaEin3 te!ni!al ad@anta3e of opposite !o%nselF a3ree-ent *it i- 32 31 A la*yer so%ld not i3nore Eno*n !%sto-s or pra!ti!e of te bar or of a parti!%lar !o%rt4 e@en *en te la* per-its4 *ito%t 3i@in3 ti-ely noti!e to te opposite !o%nsel7 As far as possible4 i-portant a3ree-ents4 affe!tin3 te ri3ts of !lients so%ld be red%!ed to *ritin34 b%t it is disonorable to a@oid perfor-an!e of an a3ree-ent fairly -ade be!a%se it is not red%!ed to *ritin34 as reD%ired by te R%les of Co%rt7 "(7 Professional ad@o!a!y oter tan before !o%rts A la*yer openly4 and in is tr%e !ara!ter -ay render professional ser@i!es before le3islati@e or oter bodies4 re3ardin3 proposed le3islation and in ad@o!a!y of !lai-s before depart-ents of 3o@ern-ent %pon te sa-e prin!iples of eti!s *i! A%stify is appearan!e before !o%rtsF b%t it is %nprofessional for a la*yer so en3a3ed4 to !on!eal is attorneysip4 or to e-ploy se!ret personal soli!itations4 or to %se -eans oter tan tose addressed to reason and %nderstandin34 to infl%en!e a!tion7 ",7 Ad@ertisin34 dire!t or indire!t 0t is %nprofessional to soli!it professional e-ploy-ent by !ir!%lars4 ad@ertise-ents4 tro%3 to%ters4 or by personal !o--%ni!ations or inter@ie*s not *arranted by personal relations7 0ndire!t ad@ertise-ents for professional e-ploy-ent s%! as f%rnisin3 or inspirin3 ne*spaper !o--ents4 or pro!%rin3 is poto3rap to be p%blised in !onne!tion *it !a%ses in *i! te la*yer as been or is en3a3ed or !on!ernin3 te -anner of teir !ond%!t4 te -a3nit%de of te interest in@ol@ed4 te i-portan!e of te la*yerGs position4 and all oter liEe-la%dation4 offend te traditions and lo*er te tone of o%r profession and are repreensibleF b%t te !%sto-ary %se of si-ple professional !ards is not i-proper7 P%bli!ation in rep%table la* lists in a -anner !onsistent *it te standards of !ond%!t i-posed by tose !anons of brief bio3rapi!al and infor-ati@e data is per-issible7 S%! data -%st not be -isleadin3 and -ay in!l%de only a state-ent of te la*yerGs na-e and te na-es of is professional asso!iatesF addresses4 telepone n%-bers4 !able addressesF bran!es of te profession pra!ti!edF date and pla!e of birt and ad-ission to te barF s!ools attendedF *it dates of 3rad%ation4 de3rees and oter ed%!ational distin!tionsF p%bli! or D%asi-p%bli! offi!esF posts of onorF le3al a%torsipF le3al tea!in3 positionsF -e-bersips and offi!es in bar asso!iations and !o--ittees tereof4 in le3al and s!ientifi! so!ieties and le3al fraternitiesF te fa!t of referen!esF and4 *it teir *ritten !onsent4 te na-es of !lients re3%larly represented7 A !ertifi!ate of !o-plian!e *it te R%les and Standards iss%ed by te Spe!ial Co--ittee on La* Lists -ay be treated as e@iden!e tat s%! list is rep%table7 "'7 Stirrin3 %p liti3ation4 dire!tly or tro%3 a3ents 0t is %nprofessional for a la*yer to @ol%nteer ad@i!e to brin3 a la*s%it4 eB!ept in rare !ases *ere ties of blood4 relationsip or tr%st -aEe it is d%ty to do so7 Stirrin3 %p strife and liti3ation is not only %nprofessional4 b%t it is indi!table at 34 33 !o--on la*7 0t is disrep%table to %nt %p defe!ts in titles or oter !a%ses of a!tion and infor- tereof in order to be e-ployed to brin3 s%it or !olle!t A%d3-ent4 or to breed liti3ation by seeEin3 o%t tose *it !lai-s for personal inA%ries or tose a@in3 any oter 3ro%nds of a!tion in order to se!%re te- as !lients4 or to e-ploy a3ents or r%nners for liEe p%rposes4 or to pay or re*ard4 dire!tly or indire!tly4 tose *o brin3 or infl%en!e te brin3in3 of s%! !ases to is offi!e4 or to re-%nerate poli!e-en4 !o%rt or prison offi!ials4 pysi!ians4 ospital atta!es or oters *o -ay s%!!eed %nder te 3%ise of 3i@in3 disinterested friendly ad@i!e4 in infl%en!in3 te !ri-inal4 te si!E and te inA%red4 te i3norant or oters4 to seeE is professional ser@i!es7 A d%ty to te p%bli! and to te profession de@ol@es %pon e@ery -e-ber of te bar a@in3 Eno*led3e of s%! pra!ti!es %pon te part of any pra!titioner i--ediately to infor- tereof4 to te end tat te offender -ay be disbarred7 "97 9poldin3 te onor of te profession La*yers so%ld eBpose *ito%t fear or fa@or before te proper trib%nal !orr%pt or disonest !ond%!t in te profession4 and so%ld a!!ept *ito%t esitation e-ploy-ent a3ainst a -e-ber of te bar *o as *ron3ed is !lient7 Te !o%nsel %pon te trial of a !a%se in *i! perA%ry as been !o--itted o*e it to te profession and to te p%bli! to brin3 te -atter to te Eno*led3e of te prose!%tin3 a%torities7 Te la*yer so%ld aid in 3%ardin3 te bar a3ainst ad-ission to te profession of !andidates %nfit or %nD%alified be!a%se defi!ient in eiter -oral !ara!ter or ed%!ation7 6e so%ld stri@e at all ti-es to %pold te onor and to -aintain te di3nity of te profession and to i-pro@e not only te la* b%t te ad-inistration of A%sti!e7 3#7 +%stifiable and %nA%stifiable liti3ations Te la*yer -%st de!line to !ond%!t a !i@il !a%se or to -aEe a defense *en !on@i!ted tat it is intended -erely to arass or to inA%re te opposite party or to *orE oppression or *ron37 B%t oter*ise it is ri3t4 and a@in3 a!!epted retainer4 it be!o-es is d%ty to insist %pon te A%d3-ent of te !o%rt as to te le3al -erits of is !lientGs !lai-7 6is appearan!e in !o%rt so%ld be dee-ed eD%i@alent to an assertion on is onor tat in is opinion is !lientGs !ase is one proper for A%di!ial deter-ination7 317 Responsibility for liti3ation No la*yer is obli3ed to a!t eiter as ad@iser or ad@o!ate for e@ery person *o -ay *is to be!o-e is !lient7 6e as te ri3t to de!line e-ploy-ent7 E@ery la*yer %pon is o*n responsibility -%st de!ide *at e-ploy-ent e *ill a!!ept as !o%nsel4 *at !a%ses e *ill brin3 into !o%rt for plaintiffs4 *at !ase e *ill !ontest in !o%rt for defendants7 Te responsibility for ad@isin3 as to D%estionable defenses is te la*yerGs responsibility7 6e !annot es!ape it b%t %r3in3 as an eB!%se tat e is only follo*in3 is !lientGs instr%!tions7 36 35 3"7 Te la*yerGs d%ty in its last analysis No !lient !orporate or indi@id%al4 o*e@er4 po*erf%l nor any !a%se4 !i@il or politi!al4 o*e@er i-portant4 is entitled to re!ei@e nor so%ld any la*yer render any ser@i!e or ad@i!e in@ol@in3 disloyalty to te la*s *ose -inisters *e are4 or disrespe!t of te A%di!ial offi!e4 *i! *e are bo%nd to %pold4 or !orr%ption of any person or persons eBer!isin3 a p%bli! offi!e or pri@ate tr%st4 or de!eption or betrayal of te p%bli!7 8en renderin3 any s%! i-proper ser@i!e or ad@i!e4 te la*yer in@ites and -erits stern and A%st !onde-nation7 Correspondin3ly4 e ad@an!es te onor of is profession and te best interests of is !lient *en e renders ser@i!e or 3i@es ad@i!e tendin3 to i-press %pon te !lient and is %ndertaEin3 eBa!t !o-plian!e *it te stri!test prin!iples of -oral la*7 6e -%st also obser@e and ad@i!e is !lient to obser@e te stat%te la*4 to%3 %ntil a stat%te sall a@e been !onstr%ed and interpreted by !o-petent adA%di!ation e is free and is entitled to ad@ise as to its @alidity and as to *at e !ons!ientio%sly belie@es to be its A%st -eanin3 and eBtent7 B%t abo@e all a la*yer *ill find is i3est onor in a deser@ed rep%tation for fidelity to pri@ate tr%st and to p%bli! d%ty4 as an onest -an and as a patrioti! and loyal !itiCen7 337 Partnersip - na-es Partnersips a-on3 la*yers for te pra!ti!e of teir profession are @ery !o--on and are not to be !onde-ned7 0n te for-ation of partnersips and te %se of partnersip na-es4 !are so%ld be taEen not to @iolate any la*4 !%sto-4 or r%le of !o%rt lo!ally appli!able7 8ere partnersips are for-ed bet*een la*yers *o are not all ad-itted to pra!ti!e in te !o%rts of te state4 !are so%ld be taEen to a@oid any -isleadin3 na-e or representation *i! *o%ld !reate a false i-pression as to te professional position or pri@ile3e of te -e-ber not lo!ally ad-itted7 0n te for-ation of partnersips for te pra!ti!e of la* no person so%ld be ad-itted or eld o%t as pra!titioner or -e-ber *o is not a -e-ber of te le3al profession d%ly a%toriCed to pra!ti!e4 and a-enable to professional dis!ipline7 0n te sele!tion and %se of a fir- na-e4 no false4 -isleadin34 ass%-ed or trade na-e so%ld be %sed7 Te !ontin%ed %se of te na-e of a de!eased or for-er partner4 *en per-issible by lo!al !%sto-4 is not %neti!al4 b%t !are so%ld be taEen tat no i-position or de!eption is pra!ti!ed tro%3 tis %se7 8en a -e-ber of te fir-4 on be!o-in3 a A%d3e4 is pre!l%ded fro- pra!ti!in3 la*4 is na-e so%ld not be !ontin%ed in te fir- na-e7 Partnersip bet*een la*yers and -e-bers of oter professions or non-professional persons so%ld not be for-ed or per-itted *ere any part of te partnersipGs e-ploy-ent !onsists of te pra!ti!e of la*7 38 37 3$7 /i@ision of fee No di@ision of fees for le3al ser@i!es is proper4 eB!ept *it anoter la*yer4 based %pon a di@ision of ser@i!e or responsibility7 3&7 0nter-ediaries Te professional ser@i!es of a la*yer so%ld not be !ontrolled or eBploited by any lay a3en!y4 personal or !orporate4 *i! inter@enes bet*een !lient and la*yer7 A la*yerGs responsibilities and D%alifi!ations are indi@id%al7 6e so%ld a@oid all relations *i! dire!t te perfor-an!e of is d%ties by or in te interest of s%! inter-ediary7 A la*yerGs relation to is !lient so%ld be personal4 and is responsibility so%ld be dire!t to te !lient7 Caritable so!ieties renderin3 aid to te indi3ents are not dee-ed s%! inter-ediaries7 A la*yer -ay a!!ept e-ploy-ent fro- any or3aniCation4 s%! as an asso!iation4 !l%b or trade or3aniCation4 to render le3al ser@i!es in any -atter in *i! te or3aniCation4 as an entity4 is interested4 b%t tis e-ploy-ent so%ld not in!l%de te renderin3 of le3al ser@i!es to te -e-bers of s%! an or3aniCation in respe!t to teir indi@id%al affairs7 3(7 Retire-ent fro- A%di!ial position or p%bli! e-ploy-ent A la*yer so%ld not a!!ept e-ploy-ent as an ad@o!ate in any -atter %pon te -erits of *i! e as pre@io%sly a!ted in a A%di!ial !apa!ity7 A la*yer4 a@in3 on!e eld p%bli! offi!e or a@in3 been in te p%bli! e-ploy so%ld not4 after is retire-ent4 a!!ept e-ploy-ent in !onne!tion *it any -atter e as in@esti3ated or passed %pon *ile in s%! offi!e or e-ploy7 3,7 Confiden!e of a !lient 0t is te d%ty of a la*yer to preser@e is !lientGs !onfiden!es7 Tis d%ty o%tlasts te la*yerGs e-ploy-ent and eBtends as *ell to is e-ployeesF and neiter of te- so%ld a!!ept e-ploy-ent4 *i! in@ol@es or -ay in@ol@e te dis!los%re or %se of tese !onfiden!es4 eiter for te pri@ate ad@anta3es of te !lient4 *ito%t is Eno*led3e and !onsent4 and e@en to%3 tere are oter a@ailable so%r!es of s%! infor-ation7 A la*yer so%ld not !ontin%e e-ploy-ent *en e dis!o@ers tat tis obli3ation pre@ents te perfor-an!e of is f%ll d%ty to is for-er or to is ne* !lient7 0f a la*yer is a!!%sed by is !lient4 e is not pre!l%ded fro- dis!losin3 te tr%t in respe!t to te a!!%sation7 Te anno%n!ed intention of a !lient to !o--it a !ri-e is not in!l%ded *itin te !onfiden!e *i! e is bo%nd to respe!t7 6e -ay properly -aEe s%! dis!los%re as -ay be ne!essary to pre@ent te a!t or prote!t tose a3ainst *o- it is treatened7 40 39 3'7 Co-pensation4 !o--issions and rebates A la*yer so%ld a!!ept no !o-pensation4 !o--issions4 rebates or oter ad@anta3es fro- oters *ito%t te Eno*led3e and !onsent of is !lient after f%ll dis!los%re7 397 8itness A la*yer -ay properly inter@ie* any *itness or prospe!ti@e *itness for te opposin3 side in any !i@il or !ri-inal a!tion *ito%t te !onsent of opposin3 !o%nsel or party7 0n doin3 so4 o*e@er4 e so%ld s!r%p%lo%sly a@oid any s%33estion !al!%lated to ind%!e te *itness to s%ppress or de@iate fro- te tr%t4 or in any de3ree to affe!t is free and %ntra--eled !ond%!t *en appearin3 at te trial or on te *itness stand7 $#7 Ne*spapers A la*yer -ay *it propriety *rite arti!les for p%bli!ations in *i! e 3i@es infor-ation %pon te la*F b%t e !o%ld not a!!ept e-ploy-ent fro- s%! p%bli!ation to ad@i!e inD%iries in respe!t to teir indi@id%al ri3ts7 $17 /is!o@ery of i-position and de!eption 8en a la*yer dis!o@ers tat so-e fra%d or de!eption as been pra!ti!ed4 *i! *as %nA%stly i-posed %pon te !o%rt or party4 e so%ld endea@or to re!tify itF at first by ad@isin3 is !lient4 and so%ld endea@or to re!tify itF at first by ad@isin3 is !lient4 and if is !lient ref%ses to fore3o te ad@anta3e t%s %nA%stly 3ained4 e so%ld pro-ptly infor- te inA%red person or is !o%nsel4 so tat tey -ay taEe appropriate steps7 $"7 EBpenses A la*yer -ay not properly a3ree *it a !lient tat te la*yer sall pay or beat te eBpense of liti3ationF e -ay in 3ood fait ad@an!e eBpenses as a -atter of !on@enien!e4 b%t s%bAe!t to rei-b%rse-ent7 $37 Appro@ed la* lists 0t is i-proper for a la*yer to per-it is na-e to be p%blised in a la* list te !ond%!t4 -ana3e-ent or !ontents of *i! are !al!%lated or liEely to de!ei@e or inA%re te p%bli! or te profession4 or to lo*er te di3nity or standin3 of te profession7 $$7 8itdra*al fro- e-ploy-ent as attorney or !o%nsel Te ri3t of an attorney or !o%nsel to *itdra* fro- e-ploy-ent4 on!e ass%-ed4 arises only fro- 3ood !a%se7 E@en te desire or !onsent of te !lient is not al*ays s%ffi!ient7 Te la*yers so%ld not tro* %p te %nfinised tasE to te detri-ent of is !lient eB!ept for reasons of onor or self- respe!t7 0f te !lient insists %pon an %nA%st or i--oral !o%rse in te !ond%!t of is !ase4 or if e persists o@er te attorneyGs re-onstran!e in presentin3 fri@olo%s defenses4 or if e 42 41 deliberately disre3ards an a3ree-ent or obli3ation as to fees or eBpenses4 te la*yer -ay be *arranted in *itdra*in3 on d%e noti!e to te !lient4 allo*in3 i- ti-e to e-ploy anoter la*yer7 So4 also4 *en a la*yer dis!o@ers tat is !lient as no !ase and te !lient is deter-ined to !ontin%e itF or e@en if te la*yer finds i-self in!apable of !ond%!tin3 te !ase effe!ti@ely7 S%ndry oter instan!es -ay arise in *i! *itdra*al is to be A%stified7 9pon *itdra*al fro- a !ase after a retainer as been paid4 te attorney so%ld ref%nd s%! part of te retainer as as not been !learly earned7 $&7 Spe!ialists Te !anons of te Pilippine Bar Asso!iation apply to all bran!es of te le3al professionF spe!ialist in parti!%lar bran!es are not to be !onsidered as eBe-pt fro- te appli!ation of tese prin!iples7 $(7 Noti!e of spe!ialiCed le3al ser@i!e 8ere a la*yer is en3a3ed in renderin3 a spe!ialiCed le3al ser@i!e dire!tly and only to oter la*yers4 a brief4 di3nified noti!e of te fa!t4 !o%!ed in lan3%a3e indi!atin3 tat it is addressed to la*yers4 inserted in le3al periodi!als and liEe p%bli!ations4 *en it *ill afford !on@enient and benefi!ial infor-ation to la*yers desirin3 to obtain s%! ser@i!e4 is not i-proper7 $,7 Aidin3 te %na%toriCed pra!ti!e of la* No la*yer sall per-it is professional ser@i!es4 or is na-e to be %sed in aid of4 or to -aEe possible4 te %na%toriCed pra!ti!e of la* by any lay a3en!y4 personal or !orporate7
R9LE 13& Po*ers and /%ties of Co%rts and +%di!ial Offi!ers Se!tion 17 Courts always open; justice to be promptly and impartially administered. +ourts of "ustice shall always be open, e#cept on legal holidays, for the filing of any pleading, motion or other papers, for the trial of cases, hearing of motions, and for the issuance of orders or rendition of "udgments. 2ustice shall be impartially administered without unnecessary delay. Se! "7 Publicity of proceedings and records. &he sitting of every court of "ustice shall be public, but any court may, in its discretion, e#clude the public when the evidence to be adduced is of such nature as to re%uire their e#clusion in the interest of morality or decency. &he records of every court of "ustice shall be public records and shall be available for the inspection of any interested person, at all proper business hours, under the supervision of the cler* having custody of such records, unless the court shall, in any special case, have forbidden their publicity, in the interest of morality or decency. 44 43 Se!tion 37 Process of superior courts enforced throughout the Philippines. 6rocess issued from a superior court in which a case is pending to bring in a defendant, or for the arrest of any accused person, or to e#ecute any order or "udgment of the court, may be enforced in any part of the 6hilippines. Se!tion $7 Process of inferior courts. &he process of inferior courts shall be enforceable within the province where the municipality or city lies. $t shall not be served outside the boundaries of the province in which they are compromised e#cept with the approval of the "udge of first instance of said province, and only in the following cases. /a0 'hen an order for the delivery of personal property lying outside the province is to be complied with1 /b0 'hen an attachment of real or personal property lying outside the province is to be made1 /c0 'hen the action is against two or more defendants residing in different provinces1 and /d0 'hen the place where the case has been brought is that specified in a contract in writing between the parties, or is the place of the e#ecution of such contract as appears therefrom. 'rits of e#ecution issued by inferior courts may be enforced in any part of the part of the 6hilippines without any previous approval of the "udge of first instance. +riminal process may be issued by a "ustice of the peace or other inferior court, to be served outside his province, when the district "udge, or in his absence the provincial fiscal, shall certify that in his opinion the interest of "ustice re%uire such service. Se!tion &7 Inherent powers of court. :very court shall have power. /a0 &o preserve and enforce order in its immediate presence1 /b0 &o enforce order in proceedings before it, or before a person or persons empowered to conduct a "udicial investigation under its authority1 /c0 &o compel obedience to its "udgments, orders and processes, and to the lawful orders of a "udge out of court, in a case pending therein1 /d0 &o control, in furtherance of "ustice, the conduct of its ministerial officers and of all other persons in any manner connected with a case before it, in every manner appertaining thereto1 /e0 &o compel the attendance of persons to testify in a case pending therein1 46 45 /f0 &o administer or cause to be administered oaths in a case pending therein, and in all other cases where it may be necessary in the e#ercise of its powers1 /g0 &o amend and control its process and orders so as to ma*e them conformable to law and "ustice1 /h0 &o authori8e a copy of a lost or destroyed pleading or other paper to be filed and used instead of the original, and to restore, and supply deficiencies in its records and proceedings. Se!tion (7 Means to carry jurisdiction into effect. 'hen by law "urisdiction is conferred on a court or "udicial officer, all au#iliary writs, processes and other means necessary to carry it into effect may be employed by such court or officer1 and if the procedure to be followed in the e#ercise of such "urisdiction is not specifically pointed out by law or by these rules, any suitable process or mode of proceeding may be adopted which appears comfortable to the spirit of the said law or rules. Se!tion ,7 Trials and hearings; orders in chambers. All trials upon the merits shall be conducted in open court and so far as convenient in a regular court room. All other acts or proceeding may be done or conducted by a "udge in chambers, without the attendance of the cler* or other court officials. Se!tion '7 Interlocutory orders out of province. A "udge of first instance shall have power to hear and determine, when within the district though without his province, any interlocutory motion or issue after due and reasonable notice to the parties. 9n the filing of a petition for the writ of habeas corpus or for release upon bail or reduction of bail in any +ourt of ;irst $nstance, the hearings may be had at any place in the "udicial district which the "udge shall deem convenient. Se!tion 97 Signing judgments out of province. 'henever a "udge appointed or assigned in any province or branch of a +ourt of ;irst $nstance in a province shall leave the province by transfer or assignment to another court of e%ual "urisdiction, or by e#piration of his temporary assignment, without having decided a case totally heard by him and which was argued or an opportunity given for argument to the parties or their counsel, it shall be lawful for him to prepare and sign his decision in said case anywhere within the 6hilippines. 4e shall send the same by registered mail to the cler* of the court where the case was heard or argued to be filed therein as of the date when the same was received by the cler*, in the same manner as if he had been present in court to direct the filing of the "udgment. $f a case has been heard only in part, the <upreme +ourt, upon petition of any of the parties to the case and the recommendation of the respective district "udge, may also authori8e the "udge who has partly heard the case, if no other "udge had heard the case in part, to continue hearing and to decide said case notwithstanding his transfer or appointment to another court of e%ual "urisdiction. 48 47 R9LE 13' Attorneys and Ad-ission to Bar Se!tion 17 Who may practice law. Any person heretofore duly admitted as a member of the bar, or hereafter admitted as such in accordance with the provisions of this rule, and who is in good and regular standing, is entitled to practice law. Se!tion "7 e!uirements for all applicants for admission to the bar. :very applicant for admission as a member of the bar must be a citi8en of the 6hilippines, at least twenty- one years of age, of good moral character, and resident of the 6hilippines1 and must produce before the <upreme +ourt satisfactory evidence of good moral character, and that no charges against him, involving moral turpitude, have been filed or are pending in any court in the 6hilippines. Se!tion 37 e!uirements for lawyers who are citi"ens of the #nited States of $merica. +iti8ens of the =nited <tates of America who, before 2uly !, 1-!(, were duly licensed members of the 6hilippine 5ar, in active practice in the courts of the 6hilippines and in good and regular standing as such may, upon satisfactory proof of those facts before the <upreme +ourt, be allowed to continue such practice after ta*ing the following oath of office. $ . . . . . . . . . . . . . . . . . . . . . . . . . . ., having been permitted to continue in the practice of law in the 6hilippines, do solemnly swear that $ recogni8e the supreme authority of the Republic of the 6hilippines1 $ will support its +onstitution and obey the laws as well as the legal orders of the duly constituted authorities therein1 $ will do no falsehood, nor consent to the doing of any in court1 $ will not wittingly or willingly promote or sue any groundless, false or unlawful suit, nor give aid nor consent to the same1 $ will delay no man for money or malice, and will conduct myself as a lawyer according to the best of may *nowledge and discretion with all good fidelity as well as to the courts as to my clients1 and $ impose upon myself this voluntary obligation without any mental reservation or purpose of evasion. <o help me >od. Se!tion $7 e!uirements for applicants from other jurisdictions. Applicants for admission who, being ;ilipino citi8ens, are enrolled attorneys in good standing in the <upreme +ourt of the =nited <tates or in any circuit court of appeals or district court therein, or in the highest court of any <tate or &erritory of the =nited <tates, and who can show by satisfactory certificates that they have practiced at least five years in any of said courts, that such practice began before 2uly !, 1-!(, and that they have never been suspended or disbarred, may, in the discretion of the +ourt, be admitted without e#amination. Se!tion &7 $dditional re!uirements for other applicants. All applicants for admission other than those referred to in the two preceding section shall, before being admitted to the e#amination, satisfactorily show that they have regularly studied law for four years, and successfully completed all prescribed courses, in a law 50 49 school or university, officially approved and recogni8ed by the <ecretary of :ducation. &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 re%uired by the court. 7o applicant shall be admitted to the bar e#aminations unless he has satisfactorily completed the following courses in a law school or university duly recogni8ed by the government. civil law, commercial law, remedial law, criminal law, public and private international law, political law, labor and social legislation, medical "urisprudence, ta#ation and legal ethics. Se!tion (7 Pre%&aw. 7o applicant for admission to the bar e#amination shall be admitted unless he presents a certificate that he has satisfied the <ecretary of :ducation that, before he began the study of law, he had pursued and satisfactorily completed in an authori8ed and recogni8ed university or college, re%uiring for admission thereto the completion of a four-year high school course, the course of study prescribed therein for a bachelors degree in arts or sciences with any of the following sub"ects as ma"or or field of concentration. political science, logic, english, spanish, history and economics. Se!tion ,7 Time for filing proof of !ualifications. All applicants for admission shall file with the cler* of the <upreme +ourt the evidence re%uired by section 2 of this rule at least fifteen /130 days before the beginning of the e#amination. $f not embraced within section 3 and ! of this rule they shall also file within the same period the affidavit and certificate re%uired by section 3, and if embraced within sections 3 and ! they shall e#hibit a license evidencing the fact of their admission to practice, satisfactory evidence that the same has not been revo*ed, and certificates as to their professional standing. Applicants shall also file at the same time their own affidavits as to their age, residence, and citi8enship. Se!tion '7 'otice of $pplications. 7otice of applications for admission shall be published by the cler* of the <upreme +ourt in newspapers published in 6ilipino, :nglish and <panish, for at least ten /100 days before the beginning of the e#amination. Se!tion 97 ()amination; subjects. Applicants, not otherwise provided for in sections 3 and ! of this rule, shall be sub"ected to e#aminations in the following sub"ects. +ivil ?aw1 ?abor and <ocial ?egislation1 @ercantile ?aw1 +riminal ?aw1 6olitical ?aw /+onstitutional ?aw, 6ublic +orporations, and 6ublic 9fficers01 $nternational ?aw /6rivate and 6ublic01 &a#ation1 Remedial ?aw /+ivil 6rocedure, +riminal 6rocedure, and :vidence01 ?egal :thics and 6ractical :#ercises /in 6leadings and +onveyancing0. Se!tion 1#7 *ar e)amination+ by !uestions and answers+ and in writing. 6ersons ta*ing the e#amination shall not bring papers, boo*s or notes into the e#amination rooms. &he %uestions shall be the same for all e#aminees and a copy thereof, in :nglish or <panish, shall be given to each e#aminee. :#aminees shall answer the %uestions personally without help from anyone. =pon verified application made by an e#aminee stating that his penmanship is so poor that it will be difficult to read his answers 52 51 without much loss of time., the <upreme +ourt may allow such e#aminee to use a typewriter in answering the %uestions. 9nly noiseless typewriters shall be allowed to be used. &he committee of bar e#aminer shall ta*e such precautions as are necessary to prevent the substitution of papers or commission of other frauds. :#aminees shall not place their names on the e#amination papers. 7o oral e#amination shall be given. Se!tion 117 $nnual e)amination. :#aminations for admission to the bar of the 6hilippines shall ta*e place annually in the +ity of @anila. &hey shall be held in four days to be designated by the chairman of the committee on bar e#aminers. &he sub"ects shall be distributed as follows. ;irst day. 6olitical and $nternational ?aw /morning0 and ?abor and <ocial ?egislation /afternoon01 <econd day. +ivil ?aw /morning0 and &a#ation /afternoon01 &hird day. @ercantile ?aw /morning0 and +riminal ?aw /afternoon01 ;ourth day. Remedial ?aw /morning0 and legal :thics and 6ractical :#ercises /afternoon0. Se!tion 1"7 Committee of e)aminers. :#aminations shall be conducted by a committee of bar e#aminers to be appointed by the <upreme +ourt. &his committee shall be composed of a 2ustice of the <upreme +ourt, who shall act as chairman, and who shall be designated by the court to serve for one year, and eight members of the bar of the 6hilippines, who shall hold office for a period of one year. &he names of the members of this committee shall be published in each volume of the official reports. Se!tion 137 ,isciplinary measures. 7o candidate shall endeavor to influence any member of the committee, and during e#amination the candidates shall not communicate with each other nor shall they give or receive any assistance. &he candidate who violates this provisions, or any other provision of this rule, shall be barred from the e#amination, and the same to count as a failure against him, and further disciplinary action, including permanent dis%ualification, may be ta*en in the discretion of the court. Se!tion 1$7 Passing average. $n order that a candidate may be deemed to have passed his e#aminations successfully, he must have obtained a general average of )3 per cent in all sub"ects, without falling below 30 per cent in any sub"ects. $n determining the average, the sub"ects in the e#amination shall be given the following relative weights. +ivil ?aw, 13 per cent1 ?abor and <ocial ?egislation, 10 per cent1 @ercantile ?aw, 13 per cent1 +riminal ?aw1 10 per cent. 6olitical and $nternational ?aw, 13 per cent1 &a#ation, 10 per cent1 Remedial ?aw, 20 per cent1 ?egal :thics and 6ractical :#ercises, 3 per cent. Se!tion 1&7 eport of the committee; filing of e)amination papers. 7ot later than ;ebruary 13th after the e#amination, or as soon thereafter as may be practicable, the committee shall file its report on the result of such e#amination. &he e#amination papers and notes of the committee shall be filed with the cler* and may there be e#amined by the parties in interest, after the court has approved the report. 54 53 Se!tion 1(7 -ailing candidates to ta.e review course. +andidates who have failed the bar e#aminations for three times shall be dis%ualified from ta*ing another e#amination unless they show the satisfaction of the court that they have enrolled in and passed regular fourth year review classes as well as attended a pre-bar review course in a recogni8ed law school. &he professors of the individual review sub"ects attended by the candidates under this rule shall certify under oath that the candidates have regularly attended classes and passed the sub"ects under the same conditions as ordinary students and the ratings obtained by them in the particular sub"ect. Se!tion 1,7 $dmission and oath of successful applicants. An applicant who has passed the re%uired e#amination, or has been otherwise found to be entitled to admission to the bar, shall ta*e and subscribe before the <upreme +ourt the corresponding oath of office. Se!tion 1'7 Certificate. &he supreme +ourt shall thereupon admit the applicant as a member of the bar for all the courts of the 6hilippines, and shall direct an order to be entered to that effect upon its records, and that a certificate of such record be given to him by the cler* of court, which certificate shall be his authority to practice. Se!tion 197 $ttorney/s roll. &he cler* of the <upreme +ourt shall *ept a roll of all attorneys admitted to practice, which roll shall be signed by the person admitted when he receives his certificate. Se!tion "#7 ,uties of attorneys. $t is the duty of an attorney. /a0 &o maintain allegiance to the Republic of the 6hilippines and to support the +onstitution and obey the laws of the 6hilippines. /b0 &o observe and maintain the respect due to the courts of "ustice and "udicial officers1 /c0 &o counsel or maintain such actions or proceedings only as appear to him to be "ust, and such defenses only as he believes to be honestly debatable under the law. /d0 &o employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor, and never see* to mislead the "udge or any "udicial officer by an artifice or false statement of fact or law1 /e0 &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 clients business e#cept from him or with his *nowledge and approval1 /f0 &o abstain from all offensive personality and to advance no fact pre"udicial to the honor or reputation of a party or witness, unless re%uired by the "ustice of the cause with which he is charged1 /g0 7ot to encourage either the commencement or the continuance of an action or proceeding, or delay any mans cause, from any corrupt motive or interest1 56 55 /h0 7ever to re"ect, for any consideration personal to himself, the cause of the defenseless or oppressed1 /i0 $n the defense of a person accused of crime, by all fair and honorable means, regardless of his personal opinion as to the guilt of the accused, to present every defense that the law permits, to the end that no person may be deprived of life or liberty, but by due process of law. Se!tion "17 $uthority of attorney to appear. an attorney is presumed to be properly authori8ed to represent any cause in which he appears, and no written power of attorney is re%uired to authori8e him to appear in court for his client, but the presiding "udge may, on motion of either party and on reasonable grounds therefore being shown, re%uire any attorney who assumes the right to appear in a case to produce or prove the authority under which he appears, and to disclose, whenever pertinent to any issue, the name of the person who employed him, and may thereupon ma*e such order as "ustice re%uires. An attorneys wilfully appear in court for a person without being employed, unless by leave of the court, may be punished for contempt as an officer of the court who has misbehaved in his official transactions. Se!tion ""7 $ttorney who appears in lower court presumed to represent client on appeal. An attorney who appears de parte in a case before a lower court shall be presumed to continue representing his client on appeal, unless he files a formal petition withdrawing his appearance in the appellate court. Se!tion "37 $uthority of attorneys to bind clients. Attorneys have authority to bind their clients in any case by any agreement in relation thereto made in writing, and in ta*ing appeals, and in all matters of ordinary "udicial procedure. 5ut they cannot, without special authority, compromise their clients litigation, or receive anything in discharge of a clients claim but the full amount in cash. Se!tion "$7 Compensation of attorneys; agreement as to fees. An attorney shall be entitled to have and recover from his client no more than a reasonable compensation for his services, with a view to the importance of the sub"ect matter of the controversy, the e#tent of the services rendered, and the professional standing of the attorney. 7o court shall be bound by the opinion of attorneys as e#pert witnesses as to the proper compensation, but may disregard such testimony and base its conclusion on its own professional *nowledge. A written contract for services shall control the amount to be paid therefore unless found by the court to be unconscionable or unreasonable. Se!tion "&7 #nlawful retention of client/s funds; contempt. 'hen an attorney un"ustly retains in his hands money of his client after it has been demanded, he may be punished for contempt as an officer of the +ourt who has misbehaved in his official transactions1 but proceedings under this section shall not be a bar to a criminal prosecution. Se!tion "(7 Change of attorneys. An attorney may retire at any time from any action or special proceeding, by the written consent of his client filed in court. 4e may also retire at any time from an action or special proceeding, without the consent of his client, should the court, on notice to the client and attorney, and on 58 57 hearing, determine that he ought to be allowed to retire. $n case of substitution, the name of the attorney newly employed shall be entered on the doc*et of the court in place of the former one, and written notice of the change shall be given to the advance party. A client may at any time dismiss his attorney or substitute another in his place, but if the contract between client and attorney has been reduced to writing and the dismissal of the attorney was without "ustifiable cause, he shall be entitled to recover from the client the full compensation stipulated in the contract. 4owever, the attorney may, in the discretion of the court, intervene in the case to protect his rights. ;or the payment of his compensation the attorney shall have a lien upon all "udgments for the payment of money, and e#ecutions issued in pursuance of such "udgment, rendered in the case wherein his services had been retained by the client. Se!tion ",7 $ttorneys removed or suspended by Supreme Court on what grounds. A member of the bar may be removed or suspended from his office as attorney by the <upreme +ourt for any deceit, malpractice, or other gross misconduct in such office, grossly immoral conduct, or by reason of his conviction of a crime involving moral turpitude, or for any violation of the oath which he is re%uired to ta*e before the admission to practice, or for a willful disobedience of any lawful order of a superior court, or for corruptly or willful appearing as an attorney for a party to a case without authority so to do. &he practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or bro*ers, constitutes malpractice. Se!tion "'7 Suspension of attorney by the Court of $ppeals or a Court of -irst Instance. &he +ourt of Appeals or a +ourt of ;irst $nstance may suspend an attorney from practice for any of the causes named in the last preceding section, and after such suspension such attorney shall not practice his profession until further action of the <upreme +ourt in the premises. Se!tion "97 #pon suspension by the Court of $ppeals or Court of -irst Instance+ further proceedings in Supreme Court. =pon such suspension, the +ourt of Appeals or the +ourt of ;irst $nstance shall forthwith transmit to the <upreme +ourt a certified copy of the order of suspension and a full statement of the facts upon which the same was based. =pon the receipt of such certified copy and statement, the <upreme +ourt shall ma*e a full investigation of the facts involved and ma*e such order revo*ing or e#tending the suspension, or removing the attorney from his office as such, as the facts warrant. Se!tion 3#7 $ttorney to be heard before removal or suspension. 7o attorney shall be removed or suspended from the practice of his profession, until he has had full opportunity upon reasonable notice to answer the charges against him, to produce witnesses in his own behalf, and to be heard by himself or counsel. 5ut if upon reasonable notice he fails to appear and answer the accusation, the court may proceed to determine the matter e) parte. Se!tion 317 $ttorneys for destitute litigants. A court may assign an attorney to render professional aid free of charge to any party in 60 59 a case, if upon investigation it appears that the party is destitute and unable to employ an attorney, and that the services of counsel are necessary to secure the ends of "ustice and to protect the rights of the party. $t shall be the duty of the attorney so assigned to render the re%uired service, unless he is e#cused therefrom by the court for sufficient cause shown. Se!tion 3"7 Compensation for attorneys de oficio. <ub"ect to availability of funds as may be provided by the law the court may, in its discretion, order an attorney employed as counsel de oficio to be compensates in such sum as the court may fi# in accordance with section 2! of this rule. 'henever such compensation is allowed, it shall be not less than thirty pesos /6300 in any case, nor more than the following amounts. /10 ;ifty pesos /6300 in light felonies1 /20 9ne hundred pesos /61000 in less grave felonies1 /30 &wo hundred pesos /62000 in grave felonies other than capital offenses1 /!0 ;ive 4undred pesos /63000 in capital offenses. Se!tion 337 Standing in court of person authori"ed to appear for 0overnment. Any official or other person appointed or designated in accordance with law to appear for the >overnment of the 6hilippines shall have all the rights of a duly authori8ed member of the bar to appear in any case in which said government has an interest direct or indirect. Se!tion 3$7 *y whom litigation conducted. $n the court of a "ustice of the peace a party may conduct his litigation in person, with the aid of an agent or friend appointed by him for the purpose, or with the aid an attorney. $n any other court, a party may conduct his litigation personally or by aid of an attorney, and his appearance must be either personal or by a duly authori8ed member of the bar. Se!tion 3&7 Certain attorneys not to practice. 7o "udge or other official or employee of the superior courts or of the 9ffice of the <olicitor >eneral, shall engage in private practice as a member of the bar or give professional advice to clients. Se!tion 3(7 $micus Curiae. :#perienced and impartial attorneys may be invited by the +ourt to appear as amici curiae to help in the disposition of issues submitted to it. Se!tion 3,7 $ttorneys/ liens. An attorney shall have a lien upon the funds, documents and papers of his client which have lawfully come into his possession and may retain the same until his lawful fees and disbursements have been paid, and may apply such funds to the satisfaction thereof. 4e shall also have a lien to the same e#tent upon all "udgments for the payment of money, and e#ecutions issued in pursuance of such "udgments, which he has secured in a litigation of his client, from and after the time when he shall have the caused a statement of his claim of such lien to be entered upon the records of the court rendering such "udgment, or issuing such e#ecution, and shall have the caused written notice thereof to be delivered to his client and to the adverse paty1 and he shall have the same right and power over such "udgments and e#ecutions as his client would have to enforce his lien and secure the payment of his "ust fees and disbursements. 62 61 R9LE 13'-A La* St%dent Pra!ti!e R%le Se!tion 17 Conditions for student practice1 A law student who has successfully completed his 3rd year of the regular four-year prescribed law curriculum and is enrolled in a recogni8ed law schools clinical legal education program approved by the <upreme +ourt, may appear without compensation in any civil, criminal or administrative case before any trial court, tribunal, board or officer, to represent indigent clients accepted by the legal clinic of the law school. Se!tion "7 $ppearance1 &he appearance of the law student authori8ed by this rule, shall be under the direct supervision and control of a member of the $ntegrated 5ar of the 6hilippines duly accredited by the law school. Any and all pleadings, motions, briefs, memoranda or other papers to be filed, must be signed by the supervising attorney for and in behalf of the legal clinic. Se!tion 37 Privileged communications1 &he Rules safeguarding privileged communications between attorney and client shall apply to similar communications made to or received by the law student, acting for the legal clinic. Se!tion $7 Standards of conduct and supervision1 &he law student shall comply with the standards of professional conduct governing members of the 5ar. ;ailure of an attorney to provide ade%uate supervision of student practice may be a ground for disciplinary action. /+ircular 7o. 1-, dated Aecember 1-, 1-,(0. R9LE 139-A 0nte3rated Bar of te Pilippines Se!tion 17 2rgani"ation. &here is hereby organi8ed an official national body to be *nown as the B$ntegrated 5ar of the 6hilippines,B composed of all persons whose names now appear or may hereafter be included in the Roll of Attorneys of the <upreme +ourt. Se!tion "7 Purposes. &he fundamental purposes of the $ntegrated 5ar shall be to elevate the standards of the legal profession, improve the administration of "ustice, and enable the 5ar to discharge its public responsibility more effectively. Se!tion 37 egions. &he 6hilippines is hereby divided into nine Regions of the $ntegrated 5ar, to wit. /a0 'orthern &u"on, consisting of the provinces of Abra, 5atanes, 5enguet, +agayan, $fugao, $locos 7orte, $locos <ur, $sabela, Calinga-Apayao, ?a =nion, @ountain 6rovince, 7ueva Di8caya, and Euirino. /b0 Central &u"on, consisting of the provinces of 5ataan, 5ulacan, 7ueva :ci"a, 6ampanga, 6angasinan, &arlac, and Fambales1 /c0 0reater Manila, consisting of the +ity of @anila and Eue8on +ity1 64 63 /d0 Southern &u"on, consisting of the provinces of 5atangas, +avite, ?aguna, @arindu%ue, 9ccidental @indoro, 9riental @indoro, Eue8on, and Ri8al1 /e0 *icolandia, consisting of the provinces of Albay, +amarines 7orte, +amarines <ur, +atanduanes, @asbate, and <orsogon1 /f0 (astern 3isayas, consisting of the provinces of 5ohol, +ebu, :astern <amar, ?eyte, 7orthern <amar, <amar, and <outhern ?eyte1 /g0 Western 3isayas, consisting of the provinces of A*lan, Anti%ue, +api8, $loilo, 7egros 9ccidental, 7egros 9riental, 6alawan, Romblon, and <i%ui"or. /h0 (astern Mindanao, consisting of the provinces of Agusan del 7orte, Agusan Ael <ur, 5u*idnon, +amiguin, Aavao del 7orte, Aavao del <ur, Aavao 9riental, @isamis 9riental, <urigao del 7orte, and <urigao del <ur1 and /i0 Western Mindanao, consisting of the cities of 5asilan and Famboanga, and the provinces of +otabato, ?anao del 7orte, ?anao del <ur, @isamis 9ccidental, <outh +otabato, <ulu, Famboanga del 7orte, and Famboanga del <ur. $n the event of the creation of any new province, the 5oard of >overnors shall, with the approval of the <upreme +ourt, determine the Region to which the said province shall belong. Se!tion $7 Chapters. A +hapter of the $ntegrated 5ar shall be organi8ed in every province. :#cept as hereinbelow provided, every city shall be considered part of the province within which it is geographically situated. A separate +hapter shall be organi8ed in each of the following political subdivisions or areas1 /a0 &he sub-province of Aurora1 /b0 :ach congressional district of the +ity of @anila1 /c0 Eue8on +ity1 /d0 +aloocan +ity, @alabon and 7avotas1 /e0 6asay +ity, @a*ati, @andaluyong and <an 2uan del @onte1 /f0 +ebu +ity1 and /g0 Famboanga +ity and 5asilan +ity. =nless he otherwise registers his preference for a particular +hapter, a lawyer shall be considered a member of the +hapter of the province, city, political subdivision or area where his office, or, in 66 65 the absence thereof, his residence is located. $n no case shall any lawyer be a member of more than one +hapter. :ach +hapter shall have its own local government as provided for by uniform rules to be prescribed by the 5oard of >overnors and approved by the <upreme +ourt, the provisions of <ection 1- of this Rule notwithstanding. +hapters belonging to the same Region may hold regional conventions on matters and problems of common concern. Se!tion &7 4ouse of ,elegates. &he $ntegrated 5ar shall have a 4ouse of Aelegates of not more than one hundred twenty members who shall be apportioned among all the +hapters as nearly as may be according to the number of their respective members, but each +hapter shall have at least one Aelegate. 9n or before Aecember 31, 1-)!, and every four years thereafter, the 5oard of >overnors shall ma*e an apportionment of Aelegates. &he term of the office of Aelegate shall begin on the date of the opening of the annual convention of the 4ouse and shall end on the day immediately preceding the date of the opening of the ne#t succeeding annual convention. 7o person may be a Aelegate for more than two terms. &he 4ouse shall hold an annual convention at the call of the 5oard of >overnors at any time during the month of April of each year for the election of >overnor, the reading and discussion of reports including the annual report of the 5oard of >overnors, the transaction of such other business as may be referred to it by the 5oard, and the consideration of such additional matters as may be re%uested in writing by at least twenty Aelegates. <pecial conventions of the 4ouse may be called by the 5oard of >overnors to consider only such matters as the 5oard shall indicate. A ma"ority of the Aelegates who have registered for a convention, whether annual or special, shall constitute a %uorum to do business. Se!tion (7 *oard of 0overnors. &he $ntegrated 5ar shall be governed by a 5oard of >overnors. 7ine >overnors shall be elected by the 4ouse of Aelegates from the nine Regions on the representation basis of one >overnor from each Region. :ach >overnor shall be chosen from a list of nominees submitted by the Aelegates from the Region, provided that not more than one nominee shall come from any +hapter. &he 6resident and the :#ecutive Dice 6resident, if chosen by the >overnors from outside of themselves as provided in <ection ) of this Rule, shall ipso facto become members of the 5oard. &he members of the 5oard shall hold office for a term of one year from the date of their election and until their successors shall have been duly elected and %ualified. 7o person may be a >overnor for more than two terms. &he 5oard shall meet regularly once every three months, on such date and such time and place as it shall designate. A ma"ority of all the members of the 5oard shall constitute a %uorum to do business. <pecial meetings may be called by the 6resident or by five members of the 5oard. 67 <ub"ect to the approval of the <upreme +ourt, the 5oard shall adopt 5y-?aws and promulgate +anons of 6rofessional Responsibility for all members of the $ntegrated 5ar. &he 5y- ?aws and the +anons may be amended by the <upreme +ourt motu propio or upon the recommendation of the 5oard of >overnors. &he 5oard shall prescribe such other rules and regulations as may be necessary and proper to carry out the purposes of the $ntegrated 5ar as well as the provisions of this Rule. Se!tion ,7 2fficers. &he $ntegrated 5ar shall have a 6resident and an :#ecutive Dice 6resident who shall be chosen by the >overnors immediately after the latters election, either from among themselves or from other members of the $ntegrated 5ar, by the vote of at least five >overnors. :ach of the regional members of the 5oard shall be e) officio Dice 6resident for the Region which he represents. &he 6resident and the :#ecutive Dice 6resident shall hold office for a term of one year from the date of their election and until their successors shall have duly %ualified. &he :#ecutive Dice 6resident shall automatically become the 6resident for the ne#t succeeding full term. &he 6residency shall rotate from year to year among all the nine Regions in such order or rotation as the 5oard of >overnors shall prescribe. 7o person shall be 6resident or :#ecutive Dice 6resident of the $ntegrated 5ar for more than one term. &he $ntegrated 5ar shall have a <ecretary, a &reasurer, and such other officers and employees as may be re%uired by the 5oard of >overnors, to be appointed by the 6resident with the consent of the 5oard, and to hold office at the pleasure of the 5oard or for such terms as it may fi#. <aid officers and employees need not be members of the $ntegrated 5ar. Se!tion '7 3acancies. $n the event the 6resident is absent or unable to act, his duties shall be performed by the :#ecutive Dice 6resident1 and in the event of the death, resignation, or removal of the 6resident, the :#ecutive Dice 6resident shall serve as Acting 6resident during the remainder of the term of the office thus vacated. $n the event of the death, resignation, removal, or disability of both the 6resident and the :#ecutive Dice 6resident, the 5oard of >overnors shall elect an Acting 6resident to hold office until the ne#t succeeding election or during the period of disability. &he filling of vacancies in the 4ouse of Aelegates, 5oard of >overnors, and all other positions of 9fficers of the $ntegrated 5ar shall be as provided in the 5y-?aws. 'henever the term of an office or position is for a fi#ed period, the person chosen to fill a vacancy therein shall serve only for the une#pired term. Se!tion 97 Membership dues. :very member of the $ntegrated 5ar shall pay such annual dues as the 5oard of >overnors shall determine with the approval of the <upreme +ourt. A fi#ed sum e%uivalent to ten percent /10G0 of the collection from each +hapter shall be set aside as a 'elfare ;und for disabled members of the +hapter and the compulsory heirs of deceased members thereof. 68 69 Se!tion 1#7 (ffect of non%payment of dues. <ub"ect to the provisions of <ection 12 of this Rule, default in the payment of annual dues for si# months shall warrant suspension of membership in the $ntegrated 5ar, and default in such payment for one year shall be a ground for the removal of the name of the delin%uent member from the Roll of Attorneys. Se!tion 117 3oluntary termination of membership; re% instatement. A member may terminate his membership by filing a written notice to that effect with the <ecretary of the $ntegrated 5ar, who shall immediately bring the matter to the attention of the <upreme +ourt. ;orthwith he shall cease to be a member and his name shall be stric*en by the +ourt from the Roll of Attorneys. Reinstatement may be made by the +ourt in accordance with rules and regulations prescribed by the 5oard of >overnors and approved by the +ourt. Se!tion 1"7 0rievance procedures. &he 5oard of >overnors shall provide in the 5y-?aws for grievance procedures for the enforcement and maintenance of discipline among all the members of the $ntegrated 5ar, but no action involving the suspension or disbarment of a member or the removal of his name from the Roll of Attorneys shall be effective without the final approval of the <upreme +ourt. Se!tion 137 'on%political *ar. &he $ntegrated 5ar shall be strictly non-political, and every activity tending to impair this basic feature is strictly prohibited and shall be penali8ed accordingly. 7o lawyer holding an elective, "udicial, %uasi-"udicial, or prosecutory office in the >overnment or any political subdivision or instrumentality thereof shall be eligible for election of appointment to any position in the $ntegrated 5ar or any +hapter thereof shall be considered ipso facto resigned from his position as of the moment he files his certificate of candidacy for any elective public office or accepts appointment to any "udicial, %uasi-"udicial, or prosecutory office in the >overnment or any political subdivision or instrumentality thereof. Se!tion 1$7 Positions honorary. :#cept as may be specifically authori8ed or allowed by the <upreme +ourt, no Aelegate or >overnor and no national or local 9fficer or committee member shall receive any compensation, allowance or emolument from the funds of the $ntegrated 5ar for any service rendered therein or be entitled to reimbursement for any e#pense incurred in the discharge of his functions. Se!tion 1&7 -iscal matters. &he 5oard of >overnors shall administer the funds of the $ntegrated 5ar and shall have the power to ma*e appropriations and disbursements therefrom. $t shall cause proper 5oo*s of Accounts to be *ept and ;inancial <tatements to be rendered and shall see to it that the proper audit is made of all accounts of the $ntegrated 5ar and all the +hapters thereof. Se!tion 1(7 5ournal. &he 5oard of >overnors shall cause to be published a %uarterly 2ournal of the $ntegrated 5ar, free copies of which shall be distributed to every member of the $ntegrated 5ar. Se!tion 1,7 3oluntary *ar associations. All voluntary 5ar associations now e#isting or which may hereafter be formed may 70 71 co-e#ist with the $ntegrated 5ar but shall not operate at cross-purposes therewith. Se!tion 1'7 $mendments. &his Rule may be amended by the <upreme +ourt motu propio or upon the recommendation of the 5oard of >overnors or any +hapter of the $ntegrated 5ar. Se!tion 197 2rgani"ational period. &he +ommission on 5ar $ntegration shall organi8e the local +hapters and toward this end shall secure the assistance of the Aepartment of 2ustice and of all 2udges throughout the 6hilippines. All +hapter organi8ational meetings shall be held on <aturday, ;ebruary 1), 1-)3. $n every case, the +ommission shall cause proper notice of the date, time and place of the meeting called to organi8e a +hapter shall constitute a %uorum for the purpose, including the election of a 6resident, a Dice 6resident, a <ecretary, a &reasurer, and five Airectors. &he +ommission shall initially fi# the number of Aelegates and apportion the same among all the +hapters as nearly as may be in proportion to the number of their respective members, but each +hapter shall have at least one Aelegate. &he 6resident of each +hapter shall concurrently be its Aelegate to the 4ouse of Aelegates. &he Dice 6resident shall be his alternate, e#cept where the +hapter is entitled to have more than one Aelegate, in which case the Dice 6resident shall also be a Aelegate. &he 5oard of Airectors of the +hapter shall in proper cases elect additional as well as alternate Aelegates. &he 4ouse of Aelegates shall convene in the +ity of @anila on <aturday, @arch 1), 1-)3 for the 6urpose of electing a 5oard of >overnors. &he >overnors shall immediately assume office and forthwith meet to elect the 9fficers of the $ntegrated 5ar. &he 9fficers so chosen shall immediately assume their respective positions. Se!tion "#7 (ffectivity. &his Rule shall ta*e effect on 2anuary 1(, 1-)3. R9LE 139-B /isbar-ent and /is!ipline of Attorneys Se!tion 17 4ow Instituted. 6roceedings for the disbarment, suspension, or discipline of attorneys may be ta*en by the <upreme +ourt motu propio, or by the $ntegrated 5ar of the 6hilippines /$560 upon the verified complaint of any person. &he complaint shall state clearly and concisely the facts complained of and shall be supported by affidavits of persons having personal *nowledge of the facts therein alleged andHor by such documents as may substantiate said facts. &he $56 5oard of >overnors may, motu propio or upon referral by the <upreme +ourt or by a +hapter 5oard of 9fficers, or at the instance of any person, initiate and prosecute proper charges against erring attorneys including those in the government service. 72 73 <i# /(0 copies of the verified complaint shall be filed with the <ecretary of the $56 or the <ecretary of any of its chapter who shall forthwith transmit the same to the $56 5oard of >overnors for assignment to an investigator. A7 PROCEE/0N;S 0N T6E 0NTE;RATE/ BAR OF T6E P60L0PP0NES Se!tion "7 'ational 0rievance Investigators. &he 5oard of >overnors shall appoint from among $56 members an $nvestigator or, when special circumstances so warrant, a panel of three /30 investigators to investigate the complaint. All $nvestigators shall ta*e an oath of office in the form prescribed by the 5oard of >overnors. A copy of the $nvestigators appointment and oath shall be transmitted to the <upreme +ourt. An $nvestigator may be dis%ualified by reason of relationship within the fourth degree of consanguinity of affinity to any of the parties of their counsel, pecuniary interest, personal bias, or his having acted as counsel to his acting as such $nvestigator. 'here the $nvestigator does not dis%ualify himself, a party may appeal to the $56 5oard of >overnors, which by ma"ority vote of the members present, there being a %uorum, may order his dis%ualification. Any $nvestigator may also be removed for cause, after due hearing, by the vote of at least si# /(0 members of the $56 5oard of >overnors. &he decision of the 5oard of >overnors in all cases of dis%ualification or removal shall be final. Se!tion 37 ,uties of the 'ational 0rievance Investigator. &he 7ational >rievance $nvestigators shall investigate all complaints against members of the $ntegrated 5ar referred to them by the $56 5oard of >overnors. Se!tion $7 Chapter assistance to complainant. &he proper $56 +hapter may assist the complainant/s0 in the preparation and filing of his complaint/s0. Se!tion &7 Service or dismissal. $f the complaint appears to be meritorious, the $nvestigator shall direct that a copy thereof be served upon the respondent, re%uiring him to answer the same within fifteen /130 days from the date of service. $f the complaint does not merit action, or if the answer shows to the satisfaction of the $nvestigator that the complaint is not meritorious, the same may be dismissed by the 5oard of >overnors upon his recommendation. A copy of the resolution of dismissal shall be furnished the complainant and the <upreme +ourt which may review the case motu propio or upon timely appeal of the complainant filed within 13 days from notice of the dismissal of the complainant. 7o investigation shall be interrupted or terminated by reason of the desistance, settlement, compromise, restitution, withdrawal of the charges, or failure of the complainant to prosecute the same, unless the Supreme Court motu propio or upon recommendation of the I*P *oard of 0overnors+ determines that there is no compelling reason to continue with the disbarment or suspension proceedings against the respondent. /Amendment pursuant to <upreme +ourt Resolution dated @ay 2), 1--3 re 5ar @atter 33(0. 74 75 Se!tion (7 3erification and service of answer. &he answer shall be verified. &he original and five /30 legible copies of the answer shall be filed with the $nvestigator, with proof of service of a copy thereof on the complainant or his counsel. Se!tion ,7 $dministrative counsel. &he $56 5oard of >overnors shall appoint a suitable member of the $ntegrated 5ar as counsel to assist the complainant of the respondent during the investigation in case of need for such assistance. Se!tion '7 Investigation. =pon "oinder of issues or upon failure of the respondent to answer, the $nvestigator shall, with deliberate speed, proceed with the investigation of the case. 4e shall have the power to issue subpoenas and administer oaths. &he respondent shall be given full opportunity to defend himself, to present witnesses on his behalf, and be heard by himself and counsel. 4owever, if upon reasonable notice, the respondent fails to appear, the investigation shall proceed e) parte. &he $nvestigator shall terminate the investigation within three /30 months from the date of its commencement, unless e#tended for good cause by the 5oard of >overnors upon prior application. 'illful failure or refusal to obey a subpoena or any other lawful order issued by the $nvestigator shall be dealt with as for indirect contempt of court. &he corresponding charge shall be filed by the $nvestigator before the $56 5oard of >overnors which shall re%uire the alleged contemnor to show cause within ten /100 days from notice. &he $56 5oard of >overnors may thereafter conduct hearings, if necessary, in accordance with the procedure set forth in this Rule for hearings before the $nvestigator. <uch hearing shall as far as practicable be terminated within fifteen /130 days from its commencement. &hereafter, the $56 5oard of >overnors shall within a li*e period of fifteen /130 days issue a resolution setting forth its findings and recommendations, which shall forthwith be transmitted to the <upreme +ourt for final action and if warranted, the imposition of penalty. Se!tion 97 ,epositions. Aepositions may be ta*en in accordance with the Rules of +ourt with leave of the investigator/s0. 'ithin the 6hilippines, depositions may be ta*en before any member of the 5oard of >overnors, the 6resident of any +hapter, or any officer authori8ed by law to administer oaths. Aepositions may be ta*en outside the 6hilippines before diplomatic or consular representative of the 6hilippine >overnment or before any person agreed upon by the parties or designated by the 5oard of >overnors. Any suitable member of the $ntegrated 5ar in the place where a deposition shall be ta*en may be designated by the $nvestigator to assist the complainant or the respondent in ta*ing a deposition. Se!tion 1#7 eport of Investigator. 7ot later than thirty /300 days from the termination of the investigation, the $nvestigator shall submit a report containing his findings of fact and recommendations to the $56 5oard of >overnors, together with the stenographic notes 76 77 and the transcript thereof, and all the evidence presented during the investigation. &he submission of the report need not await the transcription of the stenographic notes, it being sufficient that the report reproduce substantially from the $nvestigators personal notes any relevant and pertinent testimonies. Se!tion 117 ,efects. 7o defect in a complaint, notice, answer, or in the proceeding or the $nvestigators Report shall be considered as substantial unless the 5oard of >overnors, upon considering the whole record, finds that such defect has resulted or may result in a miscarriage of "ustice, in which event the 5oard shall ta*e such remedial action as the circumstances may warrant, including invalidation of the entire proceedings. Se!tion 1"7 Review and decision by the 5oard of >overnors. a0 :very case heard by an investigator shall be reviewed by the $56 5oard of >overnors upon the record and evidence transmitted to it by the $nvestigator with his report. &he decision of the 5oard upon such review shall be in writing and shall clearly and distinctly state the facts and the reasons on which it is based. $t shall be promulgated within a period not e#ceeding thirty /300 days from the ne#t meeting of the 5oard following the submittal of the $nvestigators Report. b0 $f the 5oard, by the vote of a ma"ority of its total membership, determines that the respondent should be suspended from the practice of law or disbarred, it shall issue a resolution setting forth its findings and recommendations which, together with the whole record of the case, shall forthwith be transmitted to the <upreme +ourt for final action. c0 $f the respondent is e#onerated by the 5oard or the disciplinary sanction imposed by it is less than suspension or disbarment /such as admonition, reprimand, or fine0 it shall issue a decision e#onerating respondent or imposing such sanction. &he case shall be deemed terminated unless upon petition of the complainant or other interested party filed with the <upreme +ourt within fifteen /130 days from notice of the 5oards resolution, the <upreme +ourt orders otherwise. d0 7otice of the resolution or decision of the 5oard shall be given to all parties through their counsel. A copy of the same shall be transmitted to the <upreme +ourt. B7 PROCEE/0N;S 0N T6E S9PRE:E CO9RT Se!tion 137 Supreme Court Investigation. $n proceedings initiated motu propio by the <upreme +ourt or in other proceedings when the interest of "ustice so re%uires, the <upreme +ourt may refer the case for investigation to the <olicitor->eneral or to any officer of the <upreme +ourt or "udge of a lower court, in which case the investigation shall proceed in the same manner provided in sections ( to 11 hereof, save that the review of the report of investigation shall be conducted directly by the <upreme +ourt. 78 79 Se!tion 1$7 eport of the Solicitor 0eneral of other Court% designated Investigator. 5ased upon the evidence adduced at the investigation, the <olicitor >eneral or other $nvestigator designated by the <upreme +ourt shall submit to the <upreme +ourt a report containing his findings of fact and recommendations for the final action of the <upreme +ourt. C7 CO::ON PRO=0S0ONS Se!tion 1&7 Suspension of attorney by Supreme Court. After receipt of respondents answer or lapse of the period therefor, the <upreme +ourt, motu propio, or at the instance of the $56 5oard of >overnors upon the recommendation of the $nvestigator, may suspend an attorney from the practice of his profession for any of the causes specified in Rule 13,, <ection 2), during the pendency of the investigation until such suspension is lifted by the <upreme +ourt. Se!tion 1(7 Suspension of attorney by the Court of $ppeals or a egional Trial Court. 1 &he +ourt of Appeals or Regional &rial +ourt may suspend an attorney from practice for any of the causes named in Rule 13,, <ection 2) ", until further action of the <upreme +ourt in the case. Se!tion 1,7 #pon suspension by Court of $ppeals or egional Trial Court+ further proceedings in Supreme Court. =pon such suspension, the +ourt of Appeals or a Regional &rial +ourt shall forthwith transmit to the <upreme +ourt a certified copy of the order of suspension and a full statement of the facts upon which the same was based. =pon receipt of such certified copy and statement, the <upreme +ourt shall ma*e a full investigation of the case and may revo*e, shorten or e#tend the suspension, or disbar the attorney as the facts may warrant. Se!tion 1'7 Confidentiality. 6roceedings against attorneys shall be private and confidential. 4owever, the final order of the <upreme +ourt shall be published li*e its decisions in other cases. Se!tion 197 ()penses. All reasonable and necessary e#penses incurred in relation to disciplinary and disbarment proceedings are lawfull charges for which the parties may be ta#ed as costs. Se!tion "#7 (ffectivity and Transitory Provision. &his Rule shall ta*e effect 2une 1, 1-,, and shall supersede the present Rule 13- entitled BA$<5AR@:7& 9R <=<6:7<$97 9; A&&9R7:I<B. All cases pending investigation by the 9ffice of the <olicitor >eneral shall be transferred to the $ntegrated 5ar of the 6hilippines 5oard of >overnors for investigation and disposition as provided in this Rule e#cept those cases where the investigation has been substantially completed. Footnotes 1 &his section and the following <ection 1) sepersede <ection - of Rule 13-. 2 &he te#t of Rule 13,, <ection 2) reads. B<:+. 2). Attorneys removed or suspended by the <upreme +ourt on what grounds. A member of the bar may be removed or suspended form his office as attorney by the <upreme +ourt 80 82 81 for any deceit, malpractice or other gross misconduct in such office, grossly immoral conduct, or by reason of his conviction of a crime involving moral turpitude, or for any violation of the oath which he is re%uired to ta*e before admission to practice, or for a willful disobedience of any lawful order of a superior court, or for corruptly or willfully appearing as an attorney for a party to a case without authority so to do. &he practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or bro*ers, constitutes malpractice. R9LE ,1 CONTE:PT
Se!tion 17 /ire!t !onte-pt p%nised s%--arily7
A person 3%ilty of -isbea@ior in te presen!e of or so near a !o%rt as to obstr%!t or interr%pt te pro!eedin3s before te sa-e4 in!l%din3 disrespe!t to*ard te !o%rt4 offensi@e personalities to*ard oters4 or ref%sal to be s*orn or to ans*er as a *itness4 or to s%bs!ribe an affida@it or deposition *en la*f%lly reD%ired to do so4 -ay be s%--arily adA%d3ed in !onte-pt by s%! !o%rt and p%nised by a fine not eB!eedin3 t*o to%sand pesos or i-prison-ent not eB!eedin3 ten 21#5 days4 or bot4 if it be a Re3ional Trial Co%rt or a !o%rt of eD%i@alent or i3er ranE4 or by a fine not eB!eedin3 t*o %ndred pesos or i-prison-ent not eB!eedin3 one 215 day4 or bot4 if it be a lo*er !o%rt7 Se!7 "7 Re-edy terefro-7
Te person adA%d3ed in dire!t !onte-pt by any !o%rt -ay not appeal terefro-4 b%t -ay a@ail i-self of te re-edies of !ertiorari or proibition7 Te eBe!%tion of te A%d3-ent sall be s%spended pendin3 resol%tion of s%! petition4 pro@ided s%! person files a bond fiBed by te !o%rt *i! rendered te A%d3-ent and !onditioned tat e *ill abide by and perfor- te A%d3-ent so%ld te petition be de!ided a3ainst i-7 Se!7 37 0ndire!t !onte-pt to be p%nised after !ar3e and earin37
After a !ar3e in *ritin3 as been filed4 and an opport%nity 3i@en to te respondent to !o--ent tereon *itin s%! period as -ay be fiBed by te !o%rt and to be eard by i-self or !o%nsel4 a person 3%ilty of any of te follo*in3 a!ts -ay be p%nised for indire!t !onte-ptH 2a5 :isbea@ior of an offi!er of a !o%rt in te perfor-an!e of is offi!ial d%ties or in is offi!ial transa!tionsF 2b5 /isobedien!e of or resistan!e to a la*f%l *rit4 pro!ess4 order4 or A%d3-ent of a !o%rt4 in!l%din3 te a!t of a person *o4 after bein3 dispossessed or eAe!ted fro- any real property by te A%d3-ent or pro!ess of any !o%rt of !o-petent A%risdi!tion4 enters or atte-pts or ind%!es anoter to enter into or %pon s%! real property4 for te p%rpose of eBe!%tin3 a!ts of o*nersip or possession4 or in any -anner dist%rbs te possession 3i@en to te person adA%d3ed to be entitled teretoF 83 2!5 Any ab%se of or any %nla*f%l interferen!e *it te pro!esses or pro!eedin3s of a !o%rt not !onstit%tin3 dire!t !onte-pt %nder se!tion 1 of tis R%leF 2d5 Any i-proper !ond%!t tendin34 dire!tly or indire!tly4 to i-pede4 obstr%!t4 or de3rade te ad-inistration of A%sti!eF 2e5 Ass%-in3 to be an attorney or an offi!er of a !o%rt4 and a!tin3 as s%! *ito%t a%torityF 2f5 Fail%re to obey a s%bpoena d%ly ser@edF 235 Te res!%e4 or atte-pted res!%e4 of a person or property in te !%stody of an offi!er by @irt%e of an order or pro!ess of a !o%rt eld by i-7 B%t notin3 in tis se!tion sall be so !onstr%ed as to pre@ent te !o%rt fro- iss%in3 pro!ess to brin3 te respondent into !o%rt4 or fro- oldin3 i- in !%stody pendin3 s%! pro!eedin3s7 Se!7 $7 6o* pro!eedin3s !o--en!ed7
Pro!eedin3s for indire!t !onte-pt -ay be initiated -ot% proprio by te !o%rt a3ainst *i! te !onte-pt *as !o--itted by an order or any oter for-al !ar3e reD%irin3 te respondent to so* !a%se *y e so%ld not be p%nised for !onte-pt7 0n all oter !ases4 !ar3es for indire!t !onte-pt sall be !o--en!ed by a @erified petition *it s%pportin3 parti!%lars and !ertified tr%e !opies of do!%-ents or papers in@ol@ed terein4 and %pon f%ll !o-plian!e *it te reD%ire-ents for filin3 initiatory pleadin3s for !i@il a!tions in te !o%rt !on!erned7 0f te !onte-pt !ar3es arose o%t of or are related to a prin!ipal a!tion pendin3 in te !o%rt4 te petition for !onte-pt sall alle3e tat fa!t b%t said petition sall be do!Eeted4 eard and de!ided separately4 %nless te !o%rt in its dis!retion orders te !onsolidation of te !onte-pt !ar3e and te prin!ipal a!tion for Aoint earin3 and de!ision7 Se!7 &7 8ere !ar3e to be filed7
8ere te !ar3e for indire!t !onte-pt as been !o--itted a3ainst a Re3ional Trial Co%rt or a !o%rt of eD%i@alent or i3er ranE4 or a3ainst an offi!er appointed by it4 te !ar3e -ay be filed *it s%! !o%rt7 8ere s%! !onte-pt as been !o--itted a3ainst a lo*er !o%rt4 te !ar3e -ay be filed *it te Re3ional Trial Co%rt of te pla!e in *i! te lo*er !o%rt is sittin3F b%t te pro!eedin3s -ay also be instit%ted in s%! lo*er !o%rt s%bAe!t to appeal to te Re3ional Trial Co%rt of s%! pla!e in te sa-e -anner as pro@ided in se!tion " of tis R%le7 Se!7 (7 6earin3F release on bail7
0f te earin3 is not ordered to be ad fort*it4 te respondent -ay be released fro- !%stody %pon filin3 a bond4 in an a-o%nt fiBed by te !o%rt4 for is appearan!e at te earin3 of te !ar3e7 On te day set terefor4 te !o%rt sall pro!eed to in@esti3ate te !ar3e and !onsider s%! !o--ent4 84 85 testi-ony or defense as te respondent -ay -aEe or offer7 Se!7 ,7 P%nis-ent for indire!t !onte-pt7
0f te respondent is adA%d3ed 3%ilty of indire!t !onte-pt !o--itted a3ainst a Re3ional Trial Co%rt or a !o%rt of eD%i@alent or i3er ranE4 e -ay be p%nised by a fine not eB!eedin3 tirty to%sand pesos or i-prison-ent not eB!eedin3 siB 2(5 -onts4 or bot7 0f e is adA%d3ed 3%ilty of !onte-pt !o--itted a3ainst a lo*er !o%rt4 e -ay be p%nised by a fine not eB!eedin3 fi@e to%sand pesos or i-prison-ent not eB!eedin3 one 215 -ont4 or bot7 0f te !onte-pt !onsists in te @iolation of a *rit of inA%n!tion4 te-porary restrainin3 order or stat%s D%o order4 e -ay also be ordered to -aEe !o-plete restit%tion to te party inA%red by s%! @iolation of te property in@ol@ed or s%! a-o%nt as -ay be alle3ed and pro@ed7 Te *rit of eBe!%tion4 as in ordinary !i@il a!tions4 sall iss%e for te enfor!e-ent of a A%d3-ent i-posin3 a fine %nless te !o%rt oter*ise pro@ides7 Se!7 '7 0-prison-ent %ntil order obeyed7
8en te !onte-pt !onsists in te ref%sal or o-ission to do an a!t *i! is yet in te po*er of te respondent to perfor-4 e -ay be i-prisoned by order of te !o%rt !on!erned %ntil e perfor-s it7 Se!7 97 Pro!eedin3 *en party released on bail fails to ans*er7
8en a respondent released on bail fails to appear on te day fiBed for te earin34 te !o%rt -ay iss%e anoter order of arrest or -ay order te bond for is appearan!e to be forfeited and !onfis!ated4 or botF and4 if te bond be pro!eeded a3ainst4 te -eas%re of da-a3es sall be te eBtent of te loss or inA%ry s%stained by te a33rie@ed party by reason of te -is!ond%!t for *i! te !onte-pt !ar3e *as prose!%ted4 *it te !osts of te pro!eedin3s4 and s%! re!o@ery sall be for te benefit of te party inA%red7 0f tere is no a33rie@ed party4 te bond sall be liable and disposed of as in !ri-inal !ases7 Se!7 1#7 Co%rt -ay release respondent7
Te !o%rt *i! iss%ed te order i-prisonin3 a person for !onte-pt -ay dis!ar3e i- fro- i-prison-ent *en it appears tat p%bli! interest *ill not be preA%di!ed by is release7 Se!7 117 Re@ie* of A%d3-ent or final orderF bond for stay7
Te A%d3-ent or final order of a !o%rt in a !ase of indire!t !onte-pt -ay be appealed to te proper !o%rt as in !ri-inal !ases7 B%t eBe!%tion of te A%d3-ent or final order sall not be s%spended %ntil a bond is filed by te person adA%d3ed in !onte-pt4 in an a-o%nt fiBed by te !o%rt fro- *i! te appeal is taEen4 !onditioned tat if te appeal be de!ided a3ainst i- e *ill abide by and perfor- te A%d3-ent or final order7 Se!71"7 Conte-pt a3ainst D%asi-A%di!ial entities7
86 87 9nless oter*ise pro@ided by la*4 tis R%le sall apply to !onte-pt !o--itted a3ainst persons4 entities4 bodies or a3en!ies eBer!isin3 D%asi-A%di!ial f%n!tions4 or sall a@e s%ppletory effe!t to s%! r%les as tey -ay a@e adopted p%rs%ant to a%tority 3ranted to te- by la* to p%nis for !onte-pt7 Te Re3ional Trial Co%rt of te pla!e *erein te !onte-pt as been !o--itted sall a@e A%risdi!tion o@er s%! !ar3es as -ay be filed terefor7 A7:7 No7 #3-#&-#1-SC Adoptin3 te Ne* Code of +%di!ial Cond%!t for te Pilippine +%di!iary S%pre-e Co%rt of te Pilippines
A7:7 No7 #3-#&-#1-SCH Adoptin3 te Ne* Code of +%di!ial Cond%!t for te Pilippine +%di!iary7 :anilaH S%pre-e Co%rt of te Pilippines4 "##$7 :J:+=&$D: <=@@ARI. &he 7ew +ode of 2udicial +onduct for the 6hilippine 2udiciary is based on the 2002 5angalore Araft, as amended, which was intended to be the =niversal Aeclaration of 2udicial <tandards applicable in all "udiciaries. 6romulgated on April 2), 200!, it consists of si# /(0 canons, each concerning a virtue desirable in the "udiciary. independence, integrity, impartiality, propriety, e%uality, and competence and diligence. :ach canon has several sections that further discuss the virtue it embodies. &he last part of the 7ew +ode contains a definition of terms and further states that the 7ew +ode supersedes the +anons of 2udicial :thics and the +ode of 2udicial +onduct. 4owever, the latter may still apply in a suppletory character in case of deficiency or absence of provisions in the 7ew +ode. Written by 5udette $1 5avier; (dited by 6ristina 5oy P1 Panogot
Written by 5udette $1 5avier; (dited by 6ristina 5oy P1 Panogot A7:7 No7 #3-#&-#1-SC A/OPT0N; T6E NE8 CO/E OF +9/0C0AL CON/9CT FOR T6E P60L0PP0NE +9/0C0AR1
'4:R:A<, at the Round &able @eeting of +hief 2ustices held at the 6eace 6alace, &he 4ague, on 23-2( 7ovember 2002, at which the 6hilippine <upreme +ourt was represented by the +hief 2ustice and Associate 2ustice Reynato <. 6uno, the 5angalore Araft of the +ode of 2udicial +onduct adopted by the 2udicial >roup on <trengthening 2udicial $ntegrity was deliberated upon and approved after incorporating therein several amendments1
'4:R:A<, the 5angalore Araft, as amended, is intended to be the =niversal Aeclaration of 2udicial <tandards applicable in all "udiciaries1
'4:R:A<, the 5angalore Araft is founded upon a universal recognition that a competent, independent and impartial "udiciary is essential if the courts are to fulfill their role in upholding constitutionalism and the rule of law1 that public confidence in the "udicial system and in the moral authority and integrity of the 88 89 "udiciary is of utmost importance in a modern democratic society1 and that it is essential that "udges, individually and collectively, respect and honor "udicial office as a public trust and strive to enhance and maintain confidence in the "udicial system1
'4:R:A<, the adoption of the universal declaration of standards for ethical conduct of "udges embodied in the 5angalore Araft as revised at the Round &able +onference of +hief 2ustices at &he 4ague is imperative not only to update and correlate the +ode of 2udicial +onduct and the +anons of 2udicial :thics adopted for the 6hilippines, but also to stress the 6hilippinesK solidarity with the universal clamor for a universal code of "udicial ethics.
79', &4:R:;9R:, the +ourt hereby adopts this 7ew +ode of 2udicial +onduct for the 6hilippine 2udiciary.
+A797 1 $7A:6:7A:7+:
2udicial independence is a pre-re%uisite to the rule of law and a fundamental guarantee of a fair trial. A "udge shall therefore uphold and e#emplify "udicial independence in both its individual and institutional aspects.
<:+&$97 1. 2udges shall e#ercise the "udicial function independently on the basis of their assessment of the facts and in accordance with a conscientious understanding of the law, free of any e#traneous influence, inducement, pressure, threat or interference, direct or indirect, from any %uarter or for any reason.
<:+. 2. $n performing "udicial duties, "udges shall be independent from "udicial colleagues in respect of decisions which the "udge is obliged to ma*e independently.
<:+. 3. 2udges shall refrain from influencing in any manner the outcome of litigation or dispute pending before another court or administrative agency.
<:+. !. 2udges shall not allow family, social, or other relationships to influence "udicial conduct or "udgment. &he prestige of "udicial office shall not be used or lent to advance the private interests of others, nor convey or permit others to convey the impression that they are in a special position to influence the "udge.
<:+. 3. 2udges shall not only be free from inappropriate connections with, and influence by, the e#ecutive and legislative branches of government, but must also appear to be free therefrom to a reasonable observer.
<:+. (. 2udges shall be independent in relation to society in general and in relation to the particular parties to a dispute which he or she has to ad"udicate.
<:+. ). 2udges shall encourage and uphold safeguards for the discharge of "udicial duties in order to maintain and enhance the institutional and operational independence of the "udiciary.
90 91 <:+. ,. 2udges shall e#hibit and promote high standards of "udicial conduct in order to reinforce public confidence in the "udiciary, which is fundamental to the maintenance of "udicial independence.
+A797 2 $7&:>R$&I
$ntegrity is essential not only to the proper discharge of the "udicial office but also to the personal demeanor of "udges.
<:+&$97 1. 2udges shall ensure that not only is their conduct above reproach, but that it is perceived to be so in the view of a reasonable observer.
<:+. 2. &he behavior and conduct of "udges must reaffirm the peopleKs faith in the integrity of the "udiciary. 2ustice must not merely be done but must also be seen to be done.
<:+. 3. 2udges should ta*e or initiate appropriate disciplinary measures against lawyers or court personnel for unprofessional conduct of which the "udge may have become aware.
+A797 3 $@6AR&$A?$&I
$mpartiality is essential to the proper discharge of the "udicial office. $t applies not only to the decision itself but also to the process by which the decision is made.
<:+&$97 1. 2udges shall perform their "udicial duties without favor, bias or pre"udice.
<:+. 2. 2udges shall ensure that his or her conduct, both in and out of court, maintains and enhances the confidence of the public, the legal profession and litigants in the impartiality of the "udge and of the "udiciary.
<:+. 3. 2udges shall, so far as is reasonable, so conduct themselves as to minimi8e the occasions on which it will be necessary for them to be dis%ualified from hearing or deciding cases.
<:+. !. 2udges shall not *nowingly, while a proceeding is before or could come before them, ma*e any comment that might reasonably be e#pected to affect the outcome of such proceeding or impair the manifest fairness of the process. 7or shall "udges ma*e any comment in public or otherwise that might affect the fair trial of any person or issue.
<:+. 3. 2udges shall dis%ualify themselves from participating in any proceedings in which they are unable to decide the matter impartially or in which it may appear to a reasonable observer that they are unable to decide the matter impartially. <uch proceedings include, but are not limited to, instances where /a0 &he "udge has actual bias or pre"udice concerning a party or personal *nowledge of disputed evidentiary facts concerning the proceedings1 /b0 &he "udge previously served as a lawyer or was a material witness in the matter in controversy1 92 94 93 /c0 &he "udge, or a member of his or her family, has an economic interest in the outcome of the matter in controversy1 /d0 &he "udge served as e#ecutor, administrator, guardian, trustee or lawyer in the case or matter in controversy, or a former associate of the "udge served as counsel during their association, or the "udge or lawyer was a material witness therein1 /e0 &he "udgeKs ruling in a lower court is the sub"ect of review1 /f0 &he "udge is related by consanguinity or affinity to a party litigant within the si#th civil degree or to counsel within the fourth civil degree1 or /g0 &he "udge *nows that his or her spouse or child has a financial interest, as heir, legatee, creditor, fiduciary, or otherwise, in the sub"ect matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceedings1
<:+. (. A "udge dis%ualified as stated above may, instead of withdrawing from the proceeding, disclose on the records the basis of dis%ualification. $f, based on such disclosure, the parties and lawyers, independently of the "udgeKs participation, all agree in writing that the reason for the inhibition is immaterial or unsubstantial, the "udge may then participate in the proceeding. &he agreement, signed by all parties and lawyers, shall be incorporated in the record of the proceedings. +A797 ! 6R96R$:&I
6ropriety and the appearance of propriety are essential to the performance of all the activities of a "udge.
<:+&$97 1. 2udges shall avoid impropriety and the appearance of impropriety in all of their activities.
<:+. 2. As a sub"ect of constant public scrutiny, "udges must accept personal restrictions that might be viewed as burdensome by the ordinary citi8en and should do so freely and willingly. $n particular, "udges shall conduct themselves in a way that is consistent with the dignity of the "udicial office.
<:+. 3. 2udges shall, in their personal relations with individual members of the legal profession who practice regularly in their court, avoid situations which might reasonably give rise to the suspicion or appearance of favoritism or partiality.
<:+. !. 2udges shall not participate in the determination of a case in which any member of their family represents a litigant or is associated in any manner with the case.
<:+. 3. 2udges shall not allow the use of their residence by a member of the legal profession to receive clients of the latter or of other members of the legal profession.
<:+. (. 2udges, li*e any other citi8en, are entitled to freedom of e#pression, belief, association and assembly, but in e#ercising such rights, they shall always conduct themselves in such a manner as to 95 preserve the dignity of the "udicial office and the impartiality and independence of the "udiciary.
<:+. ). 2udges shall inform themselves about their personal fiduciary and financial interests and shall ma*e reasonable efforts to be informed about the financial interests of members of their family.
<:+. ,. 2udges shall not use or lend the prestige of the "udicial office to advance their private interests, or those of a member of their family or of anyone else, nor shall they convey or permit others to convey the impression that anyone is in a special position improperly to influence them in the performance of "udicial duties.
<:+. -. +onfidential information ac%uired by "udges in their "udicial capacity shall not be used or disclosed for any other purpose related to their "udicial duties.
<:+. 10. <ub"ect to the proper performance of "udicial duties, "udges may /a0 'rite, lecture, teach and participate in activities concerning the law, the legal system, the administration of "ustice or related matters1 /b0 Appear at a public hearing before an official body concerned with matters relating to the law, the legal system, the administration of "ustice or related matters1 /c0 :ngage in other activities if such activities do not detract from the dignity of the "udicial office or otherwise interfere with the performance of "udicial duties. <:+. 11. 2udges shall not practice law whilst the holder of "udicial office.
<:+. 12. 2udges may form or "oin associations of "udges or participate in other organi8ations representing the interests of "udges.
<:+. 13. 2udges and members of their families shall neither as* for, nor accept, any gift, be%uest, loan or favor in relation to anything done or to be done or omitted to be done by him or her in connection with the performance of "udicial duties.
<:+. 1!. 2udges shall not *nowingly permit court staff or others sub"ect to their influence, direction or authority, to as* for, or accept, any gift, be%uest, loan or favor in relation to anything done or to be done or omitted to be done in connection with their duties or functions.
<:+. 13. <ub"ect to law and to any legal re%uirements of public disclosure, "udges may receive a to*en gift, award or benefit as appropriate to the occasion on which it is made, provided that such gift, award or benefit might not reasonably be perceived as intended to influence the "udge in the performance of "udicial duties or otherwise give rise to an appearance of partiality.
+A797 3 :E=A?$&I
:nsuring e%uality of treatment to all before the courts is essential to the due performance of the "udicial office. 96 97
<:+&$97 1. 2udges shall be aware of, and understand, diversity in society and differences arising from various sources, including but not limited to race, color, se#, religion, national origin, caste, disability, age, marital status, se#ual orientation, social and economic status and other li*e causes.
<:+. 2. 2udges shall not, in the performance of "udicial duties, by words or conduct, manifest bias or pre"udice towards any person or group on irrelevant grounds.
<:+. 3. 2udges shall carry out "udicial duties with appropriate consideration for all persons, such as the parties, witnesses, lawyers, court staff and "udicial colleagues, without differentiation on any irrelevant ground, immaterial to the proper performance of such duties.
<:+. !. 2udges shall not *nowingly permit court staff or others sub"ect to his or her influence, direction or control to differentiate between persons concerned, in a matter before the "udge, on any irrelevant ground.
<:+. 3. 2udges shall re%uire lawyers in proceedings before the court to refrain from manifesting, by words or conduct, bias or pre"udice based on irrelevant grounds, e#cept such as are legally relevant to an issue in proceedings and may be the sub"ect of legitimate advocacy.
+A797 ( +9@6:&:7+: A7A A$?$>:7+:
+ompetence and diligence are prere%uisites to the due performance of "udicial office.
<:+&$97 1. &he "udicial duties of a "udge ta*e precedence over all other activities.
<:+. 2. 2udges shall devote their professional activity to "udicial duties, which include not only the performance of "udicial functions and responsibilities in court and the ma*ing of decisions, but also other tas*s relevant to the "udicial office or the courtKs operations.
<:+. 3. 2udges shall ta*e reasonable steps to maintain and enhance their *nowledge, s*ills and personal %ualities necessary for the proper performance of "udicial duties, ta*ing advantage for this purpose of the training and other facilities which should be made available, under "udicial control, to "udges.
<:+. !. 2udges shall *eep themselves informed about relevant developments of international law, including international conventions and other instruments establishing human rights norms.
<:+. 3. 2udges shall perform all "udicial duties, including the delivery of reserved decisions, efficiently, fairly and with reasonable promptness.
98 99 <:+. (. 2udges shall maintain order and decorum in all proceedings before the court and be patient, dignified and courteous in relation to litigants, witnesses, lawyers and others with whom the "udge deals in an official capacity. 2udges shall re%uire similar conduct of legal representatives, court staff and others sub"ect to their influence, direction or control.
<:+. ). 2udges shall not engage in conduct incompatible with the diligent discharge of "udicial duties.
A:;$7$&$97<
$n this +ode, unless the conte#t otherwise permits or re%uires, the following meanings shall be attributed to the words used.
L+ourt staffM includes the personal staff of the "udge including law cler*s.
L2udgeM means any person e#ercising "udicial power, however designated.
L2udgeKs familyM includes a "udgeKs spouse, son, daughter, son-in-law, daughter-inlaw, and any other relative by consanguinity or affinity within the si#th civil degree, or person who is a companion or employee of the "udge and who lives in the "udgeKs household.
&his +ode, which shall hereafter be referred to as the 7ew +ode of 2udicial +onduct for the 6hilippine 2udiciary, supersedes the +anons of 2udicial :thics and the +ode of 2udicial +onduct heretofore applied in the 6hilippines to the e#tent that the provisions or concepts therein are embodied in this +ode. 6rovided, however, that in case of deficiency or absence of specific provisions in this 7ew +ode, the +anons of 2udicial :thics and the +ode of 2udicial +onduct shall be applicable in a suppletory character.
&his 7ew +ode of 2udicial +onduct for the 6hilippine 2udiciary shall ta*e effect on the first day of 2une 200!, following its publication not later than 13 @ay 200! in two newspapers of large circulation in the 6hilippines to ensure its widest publicity.
6romulgated this 2)th day of April 200!.
4$?AR$9 >. AAD$A:, 2R. +hief 2ustice R:I7A&9 <. 6=79 Associate 2ustice 29<: +. D$&=> Associate 2ustice AR&:@$9 D. 6A7>A7$5A7 Associate 2ustice ?:97ARA9 A. E=$<=@5$7> Associate 2ustice +97<=:?9 I7AR:<-<A7&$A>9 Associate 2ustice 100 101 A7>:?$7A <A7A9DA?->=&$:RR:F Associate 2ustice A7&97$9 &. +AR6$9 Associate 2ustice @A. A?$+$A A=<&R$A-@AR&$7:F Associate 2ustice /on leave0 R:7A&9 +. +9R97A Associate 2ustice +97+4$&A +AR6$9-@9RA?:< Associate 2ustice R9@:9 2. +A??:29, <R. Associate 2ustice AA9?;9 <. AF+=7A Associate 2ustice AA7&: 9. &$7>A Associate 2ustice CO/E OF +9/0C0AL CON/9CT PREA:BLE An onorable !o-petent and independent A%di!iary eBists to ad-inister A%sti!e and t%s pro-ote te %nity of te !o%ntry4 te stability of 3o@ern-ent4 and te *ell- bein3 of te people7 CANON 1 A +9/;E S6O9L/ 9P6OL/ T6E 0NTE;R0T1 AN/ 0N/EPEN/ENCE OF T6E +9/0C0AR1 R9LE 17#1 - A A%d3e so%ld be te e-bodi-ent of !o-peten!e4 inte3rity and independen!e7 R9LE 17#" - A A%d3e so%ld ad-inister A%sti!e i-partially and *ito%t delay7 R9LE 17#37 - A A%d3e so%ld be @i3ilant a3ainst any atte-pt to s%b@ert te independen!e of te A%di!iary and so%ld fort*it resist any press%re fro- *ate@er so%r!e intended to infl%en!e te perfor-an!e of offi!ial f%n!tions7 CANON " A +9/;E S6O9L/ A=O0/ 0:PROPR0ET1 AN/ T6E APPEARANCE OF 0:PROPR0ET1 0N ALL ACT0=0T0ES R9LE "7#1 - A A%d3e so%ld so bea@e at all ti-es as to pro-ote p%bli! !onfiden!e in te inte3rity and i-partiality of te A%di!iary7
R9LE "7#" - A A%d3e so%ld not seeE p%bli!ity for personal @ain3lory7 R9LE "7#3 - A A%d3e sall not allo* fa-ily4 so!ial4 or oter relationsips to infl%en!e A%di!ial !ond%!t or A%d3-ent7 Te presti3e of A%di!ial offi!e sall not be %sed or lent to ad@an!e te pri@ate interests of oters4 nor !on@ey or per-it oters to 102 103 !on@ey te i-pression tat tey are in a spe!ial position to infl%en!e te A%d3e7 R9LE "7#$ - A A%d3e so%ld refrain fro- infl%en!in3 in any -anner te o%t!o-e of liti3ation or disp%te pendin3 before anoter !o%rt or ad-inistrati@e a3en!y7 CANON 3 A +9/;E S6O9L/ PERFOR: OFF0C0AL /9T0ES 6ONESTL14 AN/ 80T6 0:PART0AL0T1 AN/ /0L0;ENCE
A/+9/0CAT0=E RESPONS0B0L0T0ES
R9LE 37#1 - A A%d3e sall be faitf%l to te la* and -aintain professional !o-peten!e7 R9LE 37#" - 0n e@ery !ase4 a A%d3e sall endea@or dili3ently to as!ertain te fa!ts and te appli!able la* %ns*ayed by partisan interests4 p%bli! opinion or fear of !riti!is-7 R9LE 37#3 - A A%d3e sall -aintain order and proper de!or%- in te !o%rt7 R9LE 37#$ - A A%d3e so%ld be patient4 attenti@e4 and !o%rteo%s to la*yers4 espe!ially te ineBperien!ed4 to liti3ants4 *itnesses4 and oters appearin3 before te !o%rt7 A A%d3e so%ld a@oid %n!ons!io%sly fallin3 into te attit%de of -ind tat te liti3ants are -ade for te !o%rts4 instead of te !o%rts for te liti3ants7 R9LE 37#& - A A%d3e sall dispose of te !o%rtGs b%siness pro-ptly and de!ide !ases *itin te reD%ired periods7 R9LE 37#( - 8ile a A%d3e -ay4 to pro-ote A%sti!e4 pre@ent *aste of ti-e or !lear %p so-e obs!%rity4 properly inter@ene in te presentation of e@iden!e d%rin3 te trial4 it so%ld al*ays be borne in -ind tat %nd%e interferen!e -ay pre@ent te proper presentation of te !a%se or te as!ertain-ent of tr%t7 R9LE 37#, - A A%d3e so%ld abstain fro- -aEin3 p%bli! !o--ents on any pendin3 or i-pendin3 !ase and so%ld reD%ire si-ilar restraint on te part of !o%rt personnel7 A/:0N0STRAT0=E RESPONS0B0L0T0ES R9LE 37#' - A A%d3e so%ld dili3ently dis!ar3e ad-inistrati@e 104 105 responsibilities4 -aintain professional !o-peten!e in !o%rt -ana3e-ent4 and fa!ilitate te perfor-an!e of te ad-inistrati@e f%n!tions or oter A%d3es and !o%rt personnel7 R9LE 37#9 - A A%d3e so%ld or3aniCe and s%per@ise te !o%rt personnel to ens%re te pro-pt and effi!ient dispat! of b%siness4 and reD%ire at all ti-es te obser@an!e of i3 standards of p%bli! ser@i!e and fidelity7 R9LE 371# - A A%d3e so%ld taEe or initiate appropriate dis!iplinary -eas%res a3ainst la*yers or !o%rt personnel for %nprofessional !ond%!t of *i! te A%d3e -ay a@e be!o-e a*are7 R9LE 3711 - A A%d3e so%ld appoint !o--issioners4 re!ei@ers4 tr%stees4 3%ardians4 ad-inistrators and oters stri!tly on te basis of -erit and D%alifi!ations4 a@oidin3 nepotis- and fa@oritis-7 9nless oter*ise allo*ed by la*4 te sa-e !riteria so%ld be obser@ed in re!o--endin3 appoint-ent of !o%rt personnel7 8ere te pay-ent of !o-pensation is allo*ed4 it so%ld be reasonable and !o--ens%rate *it te fair @al%e of ser@i!es rendered7 /0SJ9AL0F0CAT0ON 7 R9LE 371" - A A%d3e so%ld taEe no part in a pro!eedin3 *ere te A%d3eGs i-partiality -i3t reasonably be D%estioned7 Tese !ases in!l%de a-on3 oters4 pro!eedin3s *ereH 2a5 te A%d3e as personal Eno*led3e of disp%ted e@identiary fa!ts !on!ernin3 te pro!eedin3F 2b5 te A%d3e ser@ed as eBe!%tor4 ad-inistrator4 3%ardian4 tr%stee or la*yer in te !ase or -atter in !ontro@ersy4 or a for-er asso!iate of te A%d3e ser@ed as !o%nsel d%rin3 teir asso!iation4 or te A%d3e or la*yer *as a -aterial *itness tereinF 2!5 te A%d3eGs r%lin3 in a lo*er !o%rt is te s%bAe!t of re@ie*F 2d5 te A%d3e is related by !onsan3%inity or affinity to a party liti3ant *itin te siBt de3ree or to !o%nsel *itin te fo%rt de3reeF 2e5 te A%d3e Eno*s te A%d3eGs spo%se or !ild as a finan!ial interest4 as eir4 le3atee4 !reditor4 fid%!iary4 or oter*ise4 in te s%bAe!t -atter in !ontro@ersy or in a party to te pro!eedin34 or any oter interest tat !o%ld be s%bstantially affe!ted by te o%t!o-e of te pro!eedin37 0n e@ery instan!e4 te A%d3e sall indi!ate te le3al reason for inibition7 RE:0TTAL OF /0SJ9AL0F0CAT0ON 106 107 R9LE 3713 - A A%d3e disD%alified by te ter-s of r%le 371" -ay4 instead of *itdra*in3 fro- te pro!eedin34 dis!lose on te re!ord te basis of disD%alifi!ation7 0f4 bases on s%! dis!los%re4 te parties and la*yers independently of A%d3eGs parti!ipation4 all a3ree in *ritin3 tat te reason for te inibition is i--aterial or ins%bstantial4 te A%d3e -ay ten parti!ipate in te pro!eedin37 Te a3ree-ent4 si3ned by all parties and la*yers4 sall be in!orporated in te re!ord of te pro!eedin37 CANON & A +9/;E S6O9L/ RE;9LATE E?TRA-+9/0C0AL ACT0=0T0ES TO :0N0:0>E T6E R0S< OF CONFL0CT 80T6 +9/0C0AL /9T0ES A/=OCAT0ONAL4 C0=0C AN/ C6AR0TABLE ACT0=0T0ES R9LE &7#1 - A A%d3e -ay en3a3e in te follo*in3 a!ti@ities pro@ided tat tey do not interfere *it te perfor-an!e of A%di!ial d%ties or detra!t fro- te di3nity of te !o%rtH 2a5 *rite4 tea! and speaE on non-le3al s%bAe!tsF 2b5 en3a3e in te arts4 sports4 and oter spe!ial re!reational a!ti@itiesF 2!5 parti!ipate in !i@i! and !aritable a!ti@itiesF 2d5 ser@e as an offi!er4 dire!tor4 tr%stee4 or non-le3al ad@isor of a non-profit or non-politi!al ed%!ational4 reli3io%s4 !aritable4 fraternal4 or !i@i! or3aniCation7 F0NANC0AL ACT0=0T0ES R9LE &7#" - A A%d3e sall refrain fro- finan!ial and b%siness dealin3 tat tend to refle!t ad@ersely on te !o%rtGs i-partiality4 interfere *it te proper perfor-an!e of A%di!ial a!ti@ities or in!rease in@ol@e-ent *it la*yers or persons liEely to !o-e before te !o%rt7 A A%d3e so%ld so -ana3e in@est-ents and oter finan!ial interests as to -ini-iCe te n%-ber of !ases 3i@in3 3ro%nds for disD%alifi!ations7 R9LE &7#3 - S%bAe!t to te pro@isions of te pro!eedin3 r%le4 a A%d3e -ay old and -ana3e in@est-ents b%t so%ld not ser@e as offi!er4 dire!tor4 -ana3er or ad@isor4 or e-ployee of any b%siness eB!ept as dire!tor of a fa-ily b%siness of te A%d3e7 R9LE &7#$ - A A%d3e or any i--ediate -e-ber of te fa-ily sall not a!!ept a 3ift4 beD%est4 fa!tor or loan fro- any one eB!ept as -ay be allo*ed by la*7 R9LE &7#& - No infor-ation a!D%ired in a A%di!ial !apa!ity sall be s%ed or dis!losed by a A%d3e in any finan!ial dealin3 or for any oter p%rpose not related to A%di!ial a!ti@ities7 F0/9C0AR1 ACT0=0T0ES 108 109 R9LE &7#( - A A%d3e so%ld not ser@e as te eBe!%tor4 ad-inistrator4 tr%stee4 3%ardian4 or oter fid%!iary4 eB!ept for te estate4 tr%sts4 or person of a -e-ber of te i--ediate fa-ily4 and ten only if s%! ser@i!e *ill not interfere *it te proper perfor-an!e of A%di!ial d%ties7 I:e-ber of i--ediate fa-ilyI sall be li-ited to te spo%se and relati@es *itin te se!ond de3ree of !onsan3%inity7 As a fa-ily4 a A%d3e sall notH 2a5 ser@e in pro!eedin3s tat -i3t !o-e before te !o%rt of said A%d3eF or 2b5 a!t as s%! !ontrary to r%les &7#" to &7#&7 PRACT0CE OF LA8 AN/ OT6ER PROFESS0ON R9LE &7#, - A A%d3e sall not en3a3e in te pri@ate pra!ti!e of la*7 9nless proibited by te Constit%tion or la*4 a A%d3e -ay en3a3e in te pra!ti!e of any oter profession pro@ided tat s%! pra!ti!e *ill not !onfli!t or tend to !onfli!t *it A%di!ial f%n!tions7 F0NANC0AL /0SCLOS9RE R9LE &7#' - A A%d3e sall -aEe f%ll finan!ial dis!los%re as reD%ired by la*7 R9LE &7#9 - A A%d3e sall not a!!ept appoint-ent or desi3nation to any a3en!y perfor-in3 D%asi-A%di!ial or ad-inistrati@e f%n!tions7 POL0T0CAL ACT0=0T0ES R9LE &71# - A A%d3e is entitled to entertain personal @ie*s on politi!al D%estions7 B%t to a@oid s%spi!ion of politi!al partisansip4 a A%d3e sall not -aEe politi!al spee!es4 !ontrib%te to party f%nds4 p%bli!ly endorse !andidates for politi!al offi!e or parti!ipate in oter partisan politi!al a!ti@ities7 7 CO:PL0ANCE 80T6 T6E CO/E OF +9/0C0AL CON/9CT All A%d3es sall stri!tly !o-ply *it tis Code7 /ATE OF EFFECT0=0T1 This Code, promulgated on 5 September 1989, shall take effect on 20 October 1989 CANONS OF +9/0C0AL ET60CS KAd-inistrati@e Order No7 1(" dated A%3%st 14 19$( of te /epart-ent of +%sti!e7L
0n te interest of te ad-inistration of A%sti!e4 te follo*in3 Canons of +%di!ial Eti!s4 proposed by te Pilippine Bar Asso!iation and appro@ed by te A%d3es of First 0nstan!e of :anila re ereby adopted for te 3%idan!e of and obser@an!e by te A%d3es %nder te ad-inistrati@e s%per@ision of te /epart-ent of +%sti!e 2no* of te S%pre-e Co%rt54 in!l%din3 -%ni!ipal A%d3es and !ity A%d3esH 110 111 17 Relations of te A%di!iary Te ass%-ption of te offi!e of A%d3e !asts %pon te in!%-bent d%ties in respe!t to is personal !ond%!t *i! !on!ern is relation to te State and its inabitants4 te liti3ants before i-4 te prin!iples of la*4 te pra!titioners of la* in is !o%rt4 and te *itnesses and attendants *o aid i- in te ad-inistration of its f%n!tions7 "7 Te p%bli! interest Te !o%rts eBist to pro-ote A%sti!eF and t%s to aid in se!%rin3 te !ontent-ent and appiness of te people7 Teir ad-inistration so%ld be speedy and !aref%l7 E@ery A%d3e so%ld at all ti-es be alert in is r%lin3s and in te !ond%!t of te b%siness of is !o%rt4 so far as e !an4 to -aEe it %sef%l to liti3ants and to te !o--%nity7 6e so%ld a@oid %n!ons!io%sly failin3 into te attit%de of -ind tat te liti3ants are -ade for te !o%rts instead of te !o%rts for te liti3ants7 37 A@oidan!e of appearan!e of i-propriety A A%d3eGs offi!ial !ond%!t so%ld be free fro- te appearan!e of i-propriety4 and is personal bea@ior4 not only %pon te ben! and in te perfor-an!e of A%di!ial d%ties4 b%t also in is e@ery day life4 so%ld be beyond reproa!7 $7 Essential !ond%!t 6e so%ld be te-perate4 patient4 attenti@e4 i-partial4 and4 sin!e e is to ad-inister te la* and apply it to te fa!ts4 e so%ld be st%dio%s of te prin!iples of te la*4 dili3ent in endea@orin3 to as!ertain te fa!ts7 &7 0nd%stry 6e so%ld eBibit an ind%stry and appli!ation !o--ens%rate *it te d%ties i-posed %pon i-7 (7 Pro-ptness 6e so%ld be pro-pt in disposin3 of all -atters s%b-itted to i-4 re-e-berin3 tat A%sti!e delayed is often A%sti!e denied7 ,7 P%n!t%ality 6e so%ld be p%n!t%al in te perfor-an!e of is A%di!ial d%ties4 re!o3niCin3 tat te ti-e of liti3ants4 *itnesses4 and attorneys is of @al%e and tat if te A%d3e is %np%n!t%al in is abits e sets a bad eBa-ple to te bar and tends to !reate dissatisfa!tion *it te ad-inistration of A%sti!e7 '7 Co%rt or3aniCation 6e so%ld or3aniCe is !o%rt *it a @ie* to pro-pt and !on@enient dispat! of its b%siness and e so%ld not tolerate ab%ses and ne3le!t by !lerEs4 seriffs4 and oter assistants *o are so-eti-es prone to pres%-e too -%! %pon is 3ood-nat%red a!D%ies!en!e by reason of friendly asso!iation *it i-7 112 113 97 Consideration for *itnesses and oters 6e so%ld be !onsiderate of *itnesses and oters in attendan!e %pon is !o%rt7 1#7 Co%rtesy and !i@ility +%d3es so%ld be !o%rteo%s to !o%nsel4 espe!ially to tose *o are yo%n3 and ineBperien!ed4 and also to all oters !on!erned in te ad-inistration of A%sti!e in teir !o%rts7 Tey so%ld also reD%ire4 and4 as far as teir po*er eBtends4 enfor!e on te part of !lerEs4 !o%rt offi!ers and !o%nsel !i@ility and !o%rtesy to *itnesses4 liti3ants and oters a@in3 b%siness *it te !o%rt7 117 Appoint-ents of te A%di!iary and teir !o-pensation Tr%stees4 re!ei@ers4 -asters4 referees4 3%ardians4 and ad-inistrators appointed by a A%d3e to aid in te ad-inistration of A%sti!e %nder is s%per@ision so%ld a@e te stri!test probity and i-partiality and so%ld be sele!ted *it a @ie* solely to teir !ara!ter and !o-peten!y7 Patrona3e of a A%d3e is !onferred by i- for no personal or partisan ad@anta3e7 A A%d3e so%ld not per-it is appoint-ents to be !ontrolled by oters tan i-self4 and e so%ld a@oid te allo*an!e of eB!essi@e !o-pensation to te appointees7 6e so%ld also a@oid nepotis- in is appoint-ents7 1"7 <insip or infl%en!e of parties and !o%nsel A A%d3e so%ld not4 %nless it is %na@oidable4 sit in liti3ation *ere a near relati@e is a party or of !o%nselF and e so%ld not s%ffer is !ond%!t to !reate te i-pression tat any person !an %nd%ly infl%en!e i- or enAoy is fa@or4 or tat e is affe!ted by te ranE4 position4 or infl%en!e of any party7 137 0ndependen!e A A%d3e so%ld not be s*ayed by p%bli! !lai- or !onsiderations of personal pop%larity7 1$7 0nterferen!e to !ond%!t of trial 8ile a A%d3e -ay properly inter@ene in a trial of a !ase to pro-ote eBpedition and pre@ent %nne!essary *aste of ti-e4 or to !lear %p so-e obs!%rity4 ne@erteless4 e so%ld bear in -ind tat is %nd%e interferen!e4 i-patien!e4 or parti!ipation in te eBa-ination of *itnesses4 or a se@ere attit%de on is part to*ard *itnesses4 espe!ially tose *o are eB!ited or terrified by te %n%s%al !ir!%-stan!es of trial4 -ay tend to pre@ent te proper presentation of te !a%se4 or te as!ertain-ent of te tr%t in respe!t tereto7 Con@ersation bet*een te A%d3e and !o%nsel in !o%rt is often ne!essary4 b%t te A%d3e so%ld be st%dio%s to a@oid !ontro@ersies *i! are apt to obs!%re te -erits of te disp%te bet*een liti3ants and lead to its %nA%st disposition7 0n addressin3 !o%nsel4 liti3ants4 or *itnesses4 e so%ld a@oid a !ontro@ersial tone7 114 115 6e so%ld a@oid interr%ptions of !o%nsel in teir ar3%-ents eB!ept to !larify is -ind as to teir positions4 and e so%ld not be te-pted to an %nne!essary display of learnin3 or a pre-at%re A%d3-ent7 1&7 EB parte appli!ations +%d3es so%ld dis!o%ra3e eB parte earin3 of appli!ations for inA%n!tions and re!ei@ersip *ere te order -ay *orE detri-ent to absent partiesF tey so%ld a!t %pon eB parte appli!ations only *ere te ne!essity for D%i!E a!tion is !learly so*nF if tis be de-onstrated4 ten te A%d3e so%ld endea@or to !o%nter a!t te effe!t of te absen!e of opposin3 !o%nsel by a s!r%p%lo%s !ross-eBa-ination and in@esti3ation as to te fa!ts and te prin!iples of la* %pon *i! te appli!ation is based4 3rantin3 relief only *en f%lly satisfied tat te la* per-its it and te e-er3en!y de-ands it7 Te A%d3e so%ld re-e-ber tat an inA%n!tion is a li-itation %pon te freedo- of a!tion of defendants and so%ld not be 3ranted li3tly or inad@isedly7 one applyin3 for s%! relief -%st s%stain te b%rden of so*in3 !learly its ne!essity and tis b%rden is in!reased in te absen!e of te party *ose freedo- of a!tion is to be restrained e@en to%3 only te-porarily7 1(7 Contin%an!es /elay in te ad-inistration of A%sti!e is a !o--on !a%se of !o-plaintF !o%nsel are freD%ently responsible for tis delay7 +%d3es4 *ito%t bein3 arbitrary or for!in3 !ases %nreasonably or %nA%stly to trial *en %nprepared4 to te detri-ent of parties4 -ay *ell endea@or to old !o%nsel to a proper appre!iation of teir d%ties to te p%bli! to teir o*n !lients4 and to te ad@erse party and is !o%nsel4 so as to enfor!e d%e dili3en!e in te dispat! of b%siness before te !o%rt7 1,7 +%di!ial opinions 0n disposin3 of !ontro@erted !ases4 A%d3es so%ld indi!ate te reasons for teir a!tion in opinions so*in3 tat tey a@e not disre3arded or o@erlooEed serio%s ar3%-ents of !o%nsel7 Tey so%ld so* teir f%ll %nderstandin3 of te !ase4 a@oid te s%spi!ion of arbitrary !on!l%sion4 pro-ote !onfiden!e in teir intelle!t%al inte3rity and !ontrib%te %sef%l pre!edents to te 3ro*t of te la*7 B%t te @ol%-e of reported de!isions is s%! and is e@er so in!reasin3 tat in *ritin3 opinions *i! are to be p%blised4 A%d3es -ay *ell taEe tis fa!t into !onsideration4 and !%rtail te- a!!ordin3ly4 *ito%t s%bstantially departin3 fro- te prin!iples stated abo@e7 0t is of i3 i-portan!e tat A%d3es !onstit%tin3 a !o%rt of last resort so%ld %se effort and self- restraint to pro-ote solidarity of !on!l%sion and te !onseD%ent infl%en!e of A%di!ial de!ision7 A A%d3e so%ld not yield to pride of opinion or @al%e -ore i3ly is indi@id%al rep%tation tan tat of te !o%rt to *i! e so%ld be loyal7 Terefore4 eB!ept in !ase of !ons!ientio%s differen!e of 116 117 opinion on f%nda-ental prin!iple4 dissents so%ld be dis!o%ra3ed7 1'7 0nfl%en!e of de!isions %pon te de@elop-ent of te la* A +%d3e so%ld be -indf%l tat is d%ty is te appli!ation of 3eneral la* to parti!%lar instan!e4 tat o%rs is a 3o@ern-ent of la*s and not of -en4 and tat e @iolates is d%ty as a -inister of A%sti!e %nder s%! a syste- if e seeEs to do *at e -ay personally !onsider s%bstantial A%sti!e in a parti!%lar !ase and disre3ards te 3eneral la* as e Eno*s it to be bindin3 on i-7 S%! a!tion -ay a@e detri-ental !onseD%en!es beyond te i--ediate !ontro@ersy7 6e so%ld ad-inister is offi!e *it a d%e re3ard to te inte3rity of te syste- of te la* itself4 re-e-berin3 tat e is not a depository of arbitrary po*er4 b%t a A%d3e %nder te san!tion of la*7 197 0diosyn!rasies and in!onsisten!e +%sti!e so%ld not be bo%nded by te indi@id%al idiosyn!rasies of tose *o ad-inister it7 A A%d3e so%ld adopt te %s%al and eBpe!ted -etod of doin3 A%sti!e4 and not seeE to be eBtre-e or pe!%liar in is A%d3-ent4 or spe!ta!%lar or sensational in te !ond%!t of is !o%rt7 To%3 @ested *it dis!retion in te i-position of -ild or se@ere senten!e4 e so%ld not !o-pel persons !on@i!ted or a!!%sed to s%b-it to so-e %-iliatin3 a!t or dis!ipline of is o*n de@isin34 *ito%t a%tority of la*4 be!a%se e tinEs it *ill a@e a benefi!ial !orre!ti@e infl%en!e7 +%d3es i-posin3 senten!e so%ld endea@or to !onfor- to a reasonable standard of p%nis-ent and so%ld not seeE pop%larity eiter by eB!eptional se@erity or %nd%e lenien!y7 "#7 Re@ie* 0n order tat a liti3ant -ay se!%re te f%ll benefit of te ri3t of re@ie* a!!orded to i- by la*4 a trial A%d3e so%ld s!r%p%lo%sly 3rant to te defeated party opport%nity to present te sit%ation arisin3 %pon te trial eBa!tly as it arose4 *as presented4 and de!ided by f%ll and fair bill of eB!eptions or oter*iseF and fail%re in tis re3ard on te part of te A%d3e is pe!%liarly *orty of !onde-nation be!a%se te *ron3 done is re-ediable7 "17 Le3islation +%d3es a@e eB!eptional opport%nity to obser@e te operation of stat%tes4 espe!ially tose relatin3 to pra!ti!e4 and to as!ertain *eter tey tend to i-pede te A%st disposition of !ontro@ersiesF and tey -ay *ell !ontrib%te to te p%bli! interest by ad@isin3 tose a@in3 a%tority to re-edy defe!ts of pro!ed%re of te res%lt of teir obser@ation and eBperien!e7 ""7 0nfra!tions of la* 118 119 Te A%d3e so%ld be st%dio%sly !aref%l i-self to a@oid e@en te sli3test infra!tion of te la*4 lest it be a de-oraliCin3 eBa-ple to oters7 "37 0n!onsistent obli3ations A A%d3e so%ld not a!!ept in!onsistent d%tiesF nor in!%r obli3ations4 pe!%niary or oter*ise4 *i! *ill in any *ay interfere *it is de@otion to te eBpeditio%s and proper ad-inistration of is offi!ial f%n!tions7 "$7 B%siness pro-otions and soli!itations for !arity7 6e so%ld a@oid 3i@in3 3ro%nd for any reasonable s%spi!ion tat in %tiliCin3 te po*er or presti3e of is offi!e to pers%ade or !oer!e oters to patroniCe or !ontrib%te4 eiter to te s%!!ess of pri@ate b%siness @ent%res4 or to !aritable enterprises7 6e so%ld4 terefore4 not enter into s%! pri@ate b%siness4 or p%rs%e s%! a !o%rse of !ond%!t4 as *o%ld A%stify s%! s%spi!ion4 nor %se te po*er of is offi!e or te infl%en!e of is na-e to pro-ote te b%siness interest of otersF e so%ld not soli!it for !arities4 nor so%ld e enter into any b%siness relation *i!4 in te nor-al !o%rse of e@ents reasonably to be eBpe!ted4 -i3t brin3 is personal interests into !onfli!t *it te i-partial perfor-an!e of is offi!ial d%ties7 "&7 Personal in@est-ents and relations A +%d3e so%ld abstain fro- -aEin3 personal in@est-ents in enterprises *i! are apt to be in@ol@ed in liti3ation in is !o%rtF and4 after a!!ession to te ben!4 e so%ld not retain s%! in@est-ents pre@io%sly -ade4 lon3er tan a period s%ffi!ient to enable i- to dispose of te- *ito%t serio%s loss7 0t is desirable tat e so%ld4 so far as reasonably possible4 refrain fro- all relations *i! *o%ld nor-ally tend to aro%se te s%spi!ion tat s%! relations *arp or bias is A%d3-ent4 or pre@ent is i-partial attit%de of -ind in te ad-inistration of is A%di!ial d%ties7 0t is i3ly i-proper for a A%d3e to %tiliCe infor-ation !o-in3 to i- in a A%ridi!al !apa!ity for p%rposes of spe!%lation and it detra!ts fro- te p%bli! !onfiden!e in is inte3rity and te so%ndness of A%di!ial A%d3-ent for i- at any ti-e to be!o-e a spe!%lati@e in@estor %pon te aCard of a -ar3in7 "(7 EBe!%torsips and tr%steesips 8ile A%d3es are not disD%alified fro- oldin3 eBe!%torsips or tr%steesips4 tey so%ld not a!!ept or !ontin%e to old any fid%!iary or oter position if te oldin3 of it *o%ld interfere or see- to interfere *it te proper perfor-an!e of teir A%di!ial d%ties4 or if te b%siness interests of tose represented reD%ire in@est-ents in enterprises tat are apt to !o-e before te !o%rt4 or to be in@ol@ed in D%estions of la* to be deter-ined by it7 ",7 Partisan politi!s 120 121 8ile entitled to entertain is personal @ie* on politi!al D%estions4 and *ile not reD%ired to s%rrender is ri3ts or opinions as a !itiCen4 it is ine@itable tat s%spi!ion of bein3 *arped by politi!al bias *ill atta! to a A%d3e *o be!o-es te a!ti@e pro-oter of te interests of one politi!al party a3ainst anoter7 A +%d3e so%ld a@oid -aEin3 politi!al spee!es4 !ontrib%tions to party f%nds4 te p%bli! endorse-ent of !andidates for politi!al offi!e4 or parti!ipatin3 in party !on@entions7 "'7 Self-interest 6e so%ld abstain fro- parti!ipatin3 in any A%di!ial a!t in *i! is personal interests are in@ol@ed7 0f e as personal liti3ation in te !o%rt of *i! e is A%d3e4 e need not resi3n is A%d3esip on tat a!!o%nt4 b%t e so%ld4 of !o%rse4 refrain fro- any A%di!ial a!t in s%! a !ontro@ersy7 "97 ;ifts and fa@ors 6e so%ld not a!!ept any presents or fa@ors fro- liti3ants or fro- la*yers pra!ti!in3 before i-7 3#7 So!ial relations 0t is not ne!essary to te proper perfor-an!e of A%di!ial d%ty tat A%d3es so%ld li@e in retire-ent or se!l%sionF it is desirable tat4 so far as te reasonable attention to te !o-pletion of teir *orE *ill per-it4 tey !ontin%e to -in3le in so!ial inter!o%rse4 and tat tey so%ld not dis!ontin%e teir interests in or appearan!e at -eetin3s of -e-bers of te bar7 A A%d3e so%ld4 o*e@er4 in pendin3 or prospe!ti@e liti3ation before i- be s!r%p%lo%sly !aref%l to a@oid s%! a!tion as -ay reasonably tend to *aEen te s%spi!ion tat is so!ial or b%siness relations or friendsips !onstit%te an ele-ent in deter-inin3 is A%di!ial !o%rse7 317 A s%--ary of A%di!ial obli3ations A A%d3eGs !ond%!t so%ld be abo@e reproa! and in te dis!ar3e of is A%di!ial d%ties e so%ld be !ons!ientio%s4 st%dio%s4 toro%34 !o%rteo%s4 patient4 p%n!t%al4 A%st4 i-partial4 fearless of p%bli! !la-or4 and re3ardless of pri@ate infl%en!e so%ld ad-inister A%sti!e a!!ordin3 to la* and so%ld deal *it te patrona3e of te position as a p%bli! tr%stF and e so%ld not allo* o%tside -atters or is pri@ate interests to interfere *it te pro-pt and proper perfor-an!e of is offi!e7 R9LE 13, /isD%alifi!ation of +%di!ial Offi!ers Se!tion 17 ,is!ualification of judges. 7o "udge or "udicial officer shall sit in any case in which he, or his wife or child, is pecuniarily interested as heir, legatee, creditor or otherwise, or in which he is related to either party within the si#th degree of consanguinity or affinity, or to counsel within the fourth degree, computed according 122 123 to the rules of the civil law, or in which he has been e#ecutor, administrator, guardian, trustee or counsel, or in which he has been presided in any inferior court when his ruling or decision is the sub"ect of review, without the written consent of all parties in interest, signed by them and entered upon the record. A "udge may, in the e#ercise of his sound discretion, dis%ualify himself from sitting in a case, for "ust or valid reasons other than those mentioned above. Se!tion "7 2bjection that judge dis!ualified+ how made and effect. $f it be claimed that an official is dis%ualified from sitting as above provided, the party ob"ecting to his competency may, in writing, file with the official his ob"ection, stating the grounds therefor, and the official shall thereupon proceed with the trial, or withdraw therefrom, in accordance with his determination of the %uestion of his dis%ualification. 4is decision shall be forthwith made in writing and filed with the other papers in the case, but no appeal or stay shall be allowed from, or by reason of, his decision in favor of his own competency, until after final "udgment in the case. R9LE 1$#
/0SC0PL0NE OF +9/;ES OF RE;9LAR AN/ SPEC0AL CO9RTS AN/ +9ST0CES OF T6E CO9RT OF APPEALS AN/ T6E SAN/0;ANBA1AN <:+&$97 1. 4ow instituted1 N 6roceedings for the discipline of "udges of regular and special courts and 2ustices of the +ourt of Appeals and the <andiganbayan may be instituted motu proprio by the <upreme +ourt or upon a verified complaint, supported by affidavits of person who have personal *nowledge of the facts alleged therein or by documents which may substantiate said allegations, or upon an anonymous complaint, supported by public records of indubitable integrity. &he complaint shall be in writing and shall state clearly and concisely the acts and omissions constituting violations of standards of conduct prescribed for 2udges by law, the Rules of +ourt, or the +ode of 2udicial +onduct. <:+. 2. $ction on the complaint1 N $f the complaint is sufficient in form and substance, a copy thereof shall be served upon the respondent, and he shall be re%uired to comment within ten /100 days from the date of service. 9therwise, the same shall be dismissed. <:+. 3. *y whom complaint investigated1 N =pon the filing of the respondentKs comment, or upon the e#piration of the time for filing the same and unless other pleadings or documents are re%uired, the +ourt shall refer the matter to the 9ffice of the +ourt Administrator for evaluation, report, and recommendation or assign the case for investigation, report, and recommendation to a retired member of the <upreme +ourt, if the respondent is a 2ustice of the +ourt of Appeals and the <andiganbayan, or to a 2ustice of the +ourt of Appeals, if the respondent is a 2udge of a Regional &rial +ourt or of a special court of e%uivalent ran*, or to a 2udge of the Regional &rial +ourt if the respondent is a 2udge of an inferior court. 124 125 <:+. !. 4earing1 N the investigating 2ustice or 2udge shall set a day of the hearing and send notice thereof to both parties. At such hearing the parties may present oral and documentary evidence. $f, after due notice, the respondent fails to appear, the investigation shall proceed e) parte1 &he $nvestigating 2ustice or 2udge shall terminate the investigation within ninety /-00 days from the date of its commencement or within such e#tension as the <upreme +ourt may grant. <:+. 3. eport1 N 'ithin thirty /300 days from the termination of the investigation, the investigating 2ustice or 2udge shall submit to the <upreme +ourt a report containing findings of fact and recommendation. &he report shall be accompanied by the record containing the evidence and the pleadings filed by the parties. &he report shall be confidential and shall be for the e#clusive use of the +ourt. <:+. (. $ction1 N &he +ourt shall ta*e such action on the report as the facts and the law may warrant. <:+. ). Classification of charges1 N Administrative charges are classified as serious, less serious, or light. <:+. ,. Serious charges1 N <erious charges include. 1. 5ribery, direct or indirect1 2. Aishonesty and violations of the Anti->raft and +orrupt 6ractices ?aw /R.A. 7o. 301-01 3. >ross misconduct constituting violations of the +ode of 2udicial +onduct1 !. Cnowingly rendering an un"ust "udgment or order as determined by a competent court in an appropriate proceeding1 3. +onviction of a crime involving moral turpitude1 (. 'illful failure to pay a "ust debt1 ). 5orrowing money or property from lawyers and litigants in a case pending before the court1 ,. $mmorality1 -. >ross ignorance of the law or procedure1 10. 6artisan political activities1 and 11. Alcoholism andHor vicious habits. <:+. -. &ess Serious Charges1 N ?ess serious charges include. 1. =ndue delay in rendering a decision or order, or in transmitting the records of a case1 2. ;re%uently and un"ustified absences without leave or habitual tardiness1 3. =nauthori8ed practice of law1 !. Diolation of <upreme +ourt rules, directives, and circulars1 126 127 3. Receiving additional or double compensation unless specifically authori8ed by law1 (. =ntruthful statements in the certificate of service1 and ). <imple @isconduct. <:+. 10. &ight Charges. N ?ight charges include. 1. Dulgar and unbecoming conduct1 2. >ambling in public1 3. ;raterni8ing with lawyers and litigants with pending caseHcases in his court1 and !. =ndue delay in the submission of monthly reports. <:+. 11. Sanctions1 N A. $f the respondent is guilty of a serious charge, any of the following sanctions may be imposed. 1. Aismissal from the service, forfeiture of all or part of the benefits as the +ourt may determine, and dis%ualification from reinstatement or appointment to any public office, including government-owned or controlled corporations. 6rovided, however, that the forfeiture of benefits shall in no case include accrued leave credits1 2. <uspension from office without salary and other benefits for more than three /30 but not e#ceeding si# /(0 months1 or 3. A fine of more than 620,000.00 but not e#ceeding 6!0,000.00 5. $f the respondent is guilty of a less serious charge, any of the following sanctions shall be imposed. 1. <uspension from office without salary and other benefits for not less than one /10 nor more than three /30 months1 or 2. A fine of more than 610,000.00 but not e#ceeding 620,000.00. +. $f the respondent is guilty of a light charge, any of the following sanctions shall be imposed. 1. A fine of not less than 61,000.00 but not e#ceeding 610,000.00 andHor 2. +ensure1 3. Reprimand1 !. Admonition with warning. <:+. 12. Confidentiality of proceedings1 N 6roceedings against 2udges of regular and special courts and 2ustices of the +ourt of Appeals and the <andiganbayan shall be private and confidential, but a copy of the decision or resolution of the court shall be attached to the record of the respondent in the 9ffice of the +ourt Administrator. 128 129 &hese amendments to Rule 1!0 shall ta*e effect on 9ctober 1, 2001 following their publication in two newspapers of general circulation on or before <eptember 13, 2001. <eptember 11, 2001, @anila. 60LAR0O ;7 /A=0/E4 +R7 Chief 5ustice +OS9E N7 BELLOS0LLO +OSE A7R7 :ELO $ssociate 5ustice $ssociate 5ustice RE1NATO S7 P9NO +OSE C7 =0T9; $ssociate 5ustice $ssociate 5ustice SANT0A;O :7 <AP9NAN =0CENTE =7 :EN/O>A $ssociate 5ustice $ssociate 5ustice ARTE:0O =7 PAN;AN0BAN LEONAR/O A7 J90S9:B0N; $ssociate 5ustice $ssociate 5ustice BERNAR/O P7 PAR/O ART9RO B7 B9ENA Associate 5ustice $ssociate 5ustice :0NER=A P7 ;ON>A;A-RE1ES CONS9ELO 1NARES-SANT0A;O $ssociate 5ustice $ssociate 5ustice SAB0NO R7 /E LEON4 +R7 AN;EL0NA SAN/O=AL-;9T0ERRE> Associate 2ustice Associate 2ustice For- "'7 ) Attorney.s Oat $, OOOOOOOOOOOOOOOOOOOOOOOOOO do solemnly swear that $ will maintain allegiance to the Republic of the 6hilippines1 $ will support its +onstitution and obey the laws as well as the legal orders of the duly constituted authorities therein1 $ will do no falsehood, nor consent to the doing of any in court1 $ will not wittingly or willingly promote or sue any groundless, false or unlawful suit, nor give aid nor consent to the same. $ will delay no man for money or malice, and will conduct myself as a lawyer according to the best of my *nowledge and discretion with all good fidelity as well to the courts as to my clients1 and $ impose upon myself this voluntary obligation without any mental reservation or purpose of evasion. <o help me >od 130 131
G.R. No. 159208 - Rennie Declarador Vs Hon. Salvador S. Gubaton, Et Al. - August 2006 - Philippine Supreme Court Jurisprudence - Chanrobles Virtual Law Library