Académique Documents
Professionnel Documents
Culture Documents
Suspension, Disbarment
& Discipline of Lawyers ......35
Qualities ............................. 46
INDEPENDENCE ..................................................... 46
MEMORY AID FOR SECTIONS UNDER CANON 1 ...................... 46
INDEPENDENT JUDICIAL FUNCTION.................................... 46
OUTSIDE PRESSURE ...................................................... 46
INFLUENCING OUTCOME OF LITIGATION .............................. 47
INFLUENCE ON JUDICIAL CONDUCT .................................... 47
INDEPENDENCE FROM EXECUTIVE AND LEGISLATIVE .............. 47
INDEPENDENCE FROM SOCIETY AND PARTICULAR PARTIES ...... 47
SAFEGUARDS FOR JUDICIAL INDEPENDENCE ........................ 47
PROMOTE PUBLIC CONFIDENCE ......................................... 47
Mandatory Continuing
Legal Education ................. 40
PURPOSE ................................................................ 40
PURPOSE OF THE MCLE ....................................................40
REQUIREMENTS OF COMPLETION OF THE MCLE .....40
COMPLIANCE ........................................................... 41
COMPLIANCE GROUPS .................................................... 41
COMPLIANCE PERIOD OF MEMBERS ADMITTED OR READMITTED
AFTER ESTABLISHMENT OF THE PROGRAM .......................... 41
EXEMPTIONS ........................................................... 41
GOOD CAUSE FOR EXEMPTION FROM OR MODIFICATION
OF REQUIREMENT .........................................................
CHANGE OF STATUS .......................................................
PROOF OF EXEMPTION ....................................................
41
41
41
SANCTIONS ............................................................. 41
NON-COMPLIANCE FEE ................................................... 41
LISTING AS DELINQUENT MEMBER ..................................... 42
ACCRUAL OF MEMBERSHIP FEE ......................................... 42
iNTEGRITY .............................................................. 47
MEMORY AID FOR SECTIONS UNDER CANON 2 ...................... 47
CONDUCT ABOVE REPROACH ........................................... 48
REAFFIRM PEOPLES FAITH .............................................. 48
DISCIPLINARY ACTION .................................................... 48
IMPARTIALITY ........................................................ 48
MEMORY AID FOR SECTIONS UNDER CANON 3 ...................... 49
JUDICIAL DUTIES FREE FROM BIAS ..................................... 49
PROMOTE CONFIDENCE, IMPARTIALITY ............................... 49
MINIMIZE INSTANCES OF DISQUALIFICATIONS ...................... 49
PUBLIC COMMENTS; PENDING AND IMPENDING CASE ............. 49
DISQUALIFICATIONS ....................................................... 50
REMITTAL OF DISQUALIFICATIONS .................................... 50
PROPRIETY ............................................................ 50
MEMORY AID FOR SECTIONS UNDER CANON 4 ...................... 50
AVOIDANCE OF IMPROPRIETY ........................................... 51
ACCEPTANCE OF PERSONAL RESTRICTIONS ......................... 51
AVOIDANCE OF CONTROVERSY .......................................... 51
NOT PARTICIPATE IN CASES WHERE HE MAY BE IMPARTIAL ...... 51
NOT ALLOW THE USE OF HIS RESIDENCE BY OTHER LAWYERS ... 51
FREEDOM OF EXPRESSION ............................................... 51
BE INFORMED OF HIS FINANCIAL INTERESTS ......................... 52
INFLUENCE OF JUDICIAL CONDUCT ..................................... 52
CONFIDENTIAL INFORMATION .......................................... 52
ENGAGE IN OTHER ACTIVITIES ........................................... 52
PRACTICE OF PROFESSION ............................................... 53
FORM ASSOCIATIONS ...................................................... 53
GIFTS, REQUESTS, LOANS ............................................... 53
GIFTS, REQUESTS, LOANS BY STAFF ................................... 53
PERMISSIBLE TOKENS AND AWARDS .................................. 53
EQUALITY ................................................................ 53
MEMORY AID FOR SECTIONS UNDER CANON 5 ....................... 53
UNDERSTAND THE DIVERSITY IN SOCIETY ............................ 53
NOT TO MANIFEST BIAS OR PREJUDICE ............................... 54
NOT TO DIFFERENTIATE .................................................. 54
NOT TO INFLUENCE STAFF ............................................... 54
ATTITUDE TO PARTIES APPEARING IN COURT ....................... 54
COMPETENCE AND DILIGENCE ............................... 54
MEMORY AID FOR SECTIONS UNDER CANON 6 ....................... 54
DUTIES TAKE PRECEDENCE .............................................. 54
PERFORM ADMINISTRATIVE DUTIES ................................... 55
MAINTAIN PROFESSIONAL COMPETENCE ............................. 55
BE INFORMED ABOUT THE LAW ......................................... 55
PROMPT DECISION MAKING ............................................. 55
MAINTAIN ORDER IN PROCEEDINGS ................................... 55
NOT TO ENGAGE IN CONDUCT CONTRARY TO DUTIES .............. 55
................................................................................. 58
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Const. Art. VIII, sec. 5(5): The Supreme Court shall have the
following powers:
xxx
(5) Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading, practice
and procedure in all courts, the admission to the practice
of law, the integrated bar, and legal assistance to the
under-privileged. xxx
QUALIFICATIONS
Rules of Court, Rule 138, Sec. 1. Any person 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.
General Rule: Members of the Bar
Exceptions:
(1) Law students
(2) By an agent/friend
(3) By the litigant himself
(1)
(2)
(3)
(4)
Citizenship
Residence
Age (above 21 y/o)
Good Moral Character and no charges involving moral
turpitude
(5) Legal Education (pre-law, law proper)
(6) Bar Examinations
(7) Lawyers Oath
Practice of Law
CONCEPT
The practice of law is any activity, in or out of court, which
requires the application of law, legal procedure,
knowledge, training and experience. It is to give notice or
render any kind of service, which device or service requires
the use in any degree of legal knowledge or skill. [Cayetano
v. Monsod, (1991)]
Citizenship
Statutory Basis
1987 Const. Art. XII, Sec. 14. The practice of all professions
in the Phils. shall be limited to Filipino citizens save in
cases prescribed by law.
NATURE
PRIVILEGE
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Residence
Bar Examinations
When to file for permit
Rules of Court, Rule 138, Sec. 7 At least 15 days before the
beginning of the examination. Applicants must submit
affidavits of age, residence, citizenship, legal education.
Notice
Conduct of Examinations
Rules of Court, Rule 138, Sec. 10 Questions will be in
English or Spanish, to be answered in writing by examines.
No oral examinations. If penmanship is poor, SC may allow
upon verified application the use of a noiseless typewriter.
Committee will take all precautions to prevent the
substitution of papers or commission of other frauds. No
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Results
Discipline
Passing Average
15 %
10 %
Mercantile Law
15 %
Criminal Law
10 %
15 %
Taxation
10 %
Remedial Law
20 %
5%
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NON-LAWYERS IN COURTS
Agent or Friend
Limitations
(1) Non-adversarial contentions
(2) Not habitually rendered
(3) Not charge for payment.
Katarungang Pambarangay
RA 7160, Sec. 415. In all katarungang pambarangay
proceedings the parties must appear in person without the
assistance of counsel or representative except for minors
and incompetents who may be assisted by their next of kin
who are not lawyers.
Self-representation
Rules of Court, Rule 138, Sec. 34. By whom litigation
conducted. In the court of a municipality a party may
conduct his litigation in person, with the aid of an agent or
friend appointed by him for that purpose, or with the aid of
an attorney. In 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
authorized member of the bar.
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Absolute Prohibition
(1) Judges and other officials as SC employees [Rule 148,
Sec. 35]
(2) OSG officials and employees
(3) Govt. prosecutors [People v. Villanueva]
(4) Pres., VP, cabinet members, their deputies and
assistants, [Const., Art. VIII Sec. 15]
(5) Constitutional Commissions Chairmen and Members
[Const. Art. IX-A, Sec. 2]
(6) Ombudsman and his deputies [Const., Art. IX, Sec. 8,
par. 2]
(7) All governors, city and municipal mayors [R.A. No.
7160, Sec. 90]
(8) Those who, by special law, are prohibited from
engaging in the practice of their legal profession
So help me God.
The lawyers oath is not a mere ceremony or formality for
practicing law. Every lawyer should at all times weigh his
actions according to the sworn promises he makes when
taking the lawyers oath. If all lawyers conducted
themselves strictly according to the lawyers oath and the
Code of Professional responsibility, the administration of
justice will undoubtedly fairer, faster and easier for
everyone concerned. [In Re: Argosino, (1997)]
IMPORTANT TERMS TO REMEMBER:
Amicus curiae
Latin for friend of court, a lawyer who assists the court by
giving information or advice regarding questions of law or
of fact. He does not represent any party.
Relative Prohibition
(1) Senators and House of Representatives members
(prohibition to appear) [Const. Art VI, Sec. 14]
(2) Sanggunian Members [RA No. 7160, Sec. 91]
Attorney
Officers of the courts, empowered to appear, prosecute
and defend, and upon whom peculiar duties,
responsibilities and liabilities are developed by law as a
consequence. [Cui v. Cui (1964)]
Special Restrictions
Retired judges [RA 910, Sec. 1, as amended]
A retired justice or judge receiving a pension from the
Government cannot act as counsel in any civil case in
which the Government or any of its subdivision or agencies
is the adverse party or in a criminal case wherein an officer
or employee of the Govt. is accused of an offense in
relation to his office. [R.A. No. 910]
Bar
Refers to the whole body of attorneys and counselors,
collectively, the members of the legal profession
Barrister
In England, a person entitled to practice law as an
advocate or counsel in the superior court.
Bench
Denotes the whole body of judges
LAWYERS OATH
Notary Public
A public officer authorized by law to certify documents,
take affidavits, and administer oaths. Under the 2004
Rules on Notarial Practice, all notaries must be lawyers.
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Solicitor
In England, a person prosecuting or defending suits in
Courts of Chancery. In the Philippines, a Government
lawyer attached with the Office of the Solicitor General.
LEGAL ETHICS
It is that branch of moral science which treats of the duties
which an attorney at law owes to his clients, to the courts,
to the bar and to the public. [G.A. Malcolm, Legal and
Judicial Ethics 8, 1949]
DUTIES OF A LAWYER
Canon 14:
Canon 15:
Canon 16:
Canon 17:
Canon 18:
Canon 19:
Canon 20:
Canon 21:
Canon 22:
DUTIES TO SOCIETY
RESPECT FOR LAW AND LEGAL PROCESSES
Unlawful conduct
An act or omission which is against the law. Dishonesty
involves lying or cheating. [Agpalo]
When lawyers are convicted of frustrated homicide, the
attending circumstances, not the mere fact of their
conviction would demonstrate their fitness to remain in the
legal profession. [Soriano v. Dizon, (2006)]
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Examples:
(1) Volunteering advice to bring lawsuit, except in rare
cases where ties of blood, relationship or trust make it
his duty to do so
(2) Hunting up defects in titles or other causes of action in
order to be employed to bring suit or breed litigation
Moral Turpitude
Includes everything which is done contrary to justice,
honesty, modesty, or good morals. It involves an act of
baseness, vileness, or depravity in the private duties which
a man owed his fellowmen, or to society in general,
contrary to the accepted and customary rule of right and
duty between man and woman, or conduct contrary to
justice, honesty, modesty, or good morals. [Barrios v.
Martinez, (2004)]
Ambulance Chasing
Accident-site solicitation of almost any kind of legal
business by laymen employed by an attorney for the
purpose or by the attorney himself.
(a) Supports perjury, the defrauding of innocent persons by
judgments, upon manufactured causes of actions and
the defrauding of injured persons having proper causes
of action but ignorant of legal rights and court
procedure.
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Defenseless
Those who could not defend themselves for various
reasons such as poverty, ignorance or weakness
Oppressed
Those who have been subjected to cruelty, domination or
harsh treatment
Legal aid is not a matter of charity. It is a means for the
correction of social imbalance that may and often do lead
to injustice, for which reason it is a public responsibility of
the Bar. [IBP Handbook, Guidelines Governing the
Establishment and Operation of the Legal Aid Office, Art. 1,
Sec. 1]
Valid grounds for refusal [Rule 14.03]:
(1) He is in no position to carry out the work effectively or
competently
(2) He labors under a conflict of interest between him and
the prospective client or between a present client and
the prospective client.
Rules of Court, Rule 138, Sec. 3. Attorneys for destitute
litigants A court may assign an attorney to render
professional aid free of charge to any party in 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 justice and to
protect the rights of the party. It shall be the duty of the
attorney so assigned to render the required service unless
he is excused therefrom by the court for sufficient cause
shown.
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Penalties
A practicing lawyer shall be required to explain why he was
unable to render the minimum prescribed number of
hours. If no explanation has been given or if the National
Committee on Legal Aid (NCLA) finds the explanation
unsatisfactory, the NCLA shall make a report and
recommendation to the IBP Board of Governors for the
erring lawyer to be declared a member of the IBP who is
not in good standing.
Rule 3.01. A lawyer shall not use or permit the use of any
false, fraudulent, misleading, deceptive, undignified, self
laudatory or unfair statement or claim regarding his
qualifications or legal services.
Any lawyer who fails to comply with his duties under this
Rule for at least three (3) consecutive years shall be the
subject of disciplinary proceedings to be instituted motu
proprio by the Committee on Bar Discipline.
Rule 2.02. In 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 extent necessary to
safeguard the latter's rights.
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Examples
(1) Present position papers or resolutions for the
introduction of pertinent bills in Congress;
(2) Submit petitions to the SC for the amendment of the
ROC.
(3) The Misamis Oriental Chapter of the IBP promulgating
a resolution wherein it requested the IBPs NCLA to ask
for the exemption from the payment of filing, docket
and other fees of clients of the legal aid offices in the
various IBP chapters [Re: Request Of National
Committee On Legal Aid To Exempt Legal Aid Clients
From Paying Filing, Docket And Other Fees, (2009)]
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Exemptions
(1) President, vice-president, cabinet members
(2) Members of Congress
(3) Chief Justice and incumbent and retired members of
the judiciary
(4) Chief state counsel, prosecutor and assistant
secretaries of the Department of Justice
(5) Solicitor General and assistants
(6) Govt. Corporate Counsel, his deputies and assistants
(7) Chairman
and
members
of
Constitutional
Commissions
(8) Ombudsman and his deputies
(9) Heads of Govt. agencies exercising quasi-judicial
functions
(10)Incumbent deans, bar reviewers and professors of law
who have 10 year teaching experience
(11) Officers and lecturers of the Phil. Judicial Academy
(12) Governors and mayor
(13) Those not in law practice (special exemption)
(14) Those who have retired from the law practice (special
exemption)
(15) A member may file a verified request setting forth
good cause for exemption (such as physical disability,
illness, post graduate study abroad, proven expertise in
law, etc.)
4 hrs
5 hrs
Penalty:
(1) Non-Compliance Fee of Php 1,000.00.
(2) Listing as a delinquent member of the IBP
9 hrs
4 hrs
2 hrs
6 hrs
(2) Non-Participatory
(a) Preparing, as an author or co-author, written
materials published or accepted for publication,
e.g., in the form of an article, chapter, book, or book
review which contribute to the legal education of
the author member, which were not prepared in the
ordinary course of the members practice or
employment.
(b) Editing a law book, law journal or legal newsletter.
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A public prosecutor is a quasi-judicial officer with the twofold aim of which is that guilt shall not escape or
innocence suffer. he should not hesitate to recommend to
the court the accused's acquittal if the evidence in his
possession shows that the accused is innocent. [Agpalo]
It is upon the discretion of the prosecutor to decide what
charge to file upon proper appreciation of facts and
evidences. Fiscals are not precluded from exercising their
sound discretion in investigation. His primary duty is not to
convict but to see that justice is served. [People v. Pineda,
(1967)]
Rule 6.02. A lawyer in 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.
Relative Prohibition
Retired Judges and Justices
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Statutory Basis
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Statutory Basis
Statutory Basis
Canon 8. A lawyer shall not, in his professional dealings,
use language which is abusive offensive or otherwise
improper.
DOs:
(1) Restrain client from improprieties and to terminate
relation with him/her should the latter persist.
(2) Honor the just claim of a layman against another
lawyer
DON'Ts:
(1) Take advantage of the excusable unpreparedness or
absence of counsel during the trial of a case
(2) Make use, to his or to his clients benefit, the secrets of
the adverse party acquired thru design or inadvertence
(3) Criticize or impute ill motive the lawyer who accepts
what in his opinion is a weak case.
(4) Proceed to negotiate with the client/s of another
lawyer to waive all kinds of claim when the latter is still
handling the civil case [Camacho v. Pagulayan et al.
(2000)]
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Practice of Law
(1) Legal advice and instructions to clients to inform them
of their rights and obligations
(2) Preparation for clients of documents requiring
knowledge of legal principles not possessed by
ordinary laymen
(3) Appearance for clients before public tribunals,
whether, administrative, quasi-judicial or legislative
agency.
DOs:
(1) Accept employment to handle a matter previously
handled by another lawyer,
(a) Provided the other lawyer has been given notice of
termination of service lest it amounts to an
improper encroachment upon the professional
employment of the original counsel [Laput v.
Remotigue (1962)]
(b) In the absence of a notice of termination from the
client, provided he has obtained the conformity of
the counsel whom he would substitute.
(c) In the absence of such conformity, a lawyer must at
least give sufficient notice to original counsel so
that original counsel has the opportunity to protect
his claim against the client.
DON'Ts:
(1) Steal the other lawyers client
(2) Induce client to retain him by promise of better service,
good result or reduced fees for his services.
(3) Disparage another lawyer, make comparisons or
publicize his talent as a means to further his law
practice.
(4) In the absence of the adverse partys counsel, interview
the adverse party and question him as to the facts of
the case EVEN IF adverse party was willing to do so.
(5) Sanction the attempt of his client to settle a litigated
matter with the adverse party without the consent nor
knowledge of the latters counsel (cf. Canon 9).
Statutory Basis
Examples:
(1) Automobile club that solicits membership by
advertising that it offers free legal services of its legal
department to members
(2) Collection agency or credit exchange that exploits
lawyer's services.
(3) Bank using lawyer's name as director in advertising its
services in drawing wills and other legal documents.
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LEGAL ETHICS
agreement.
Rationale: Allowing non-lawyers to get attorneys fees
would confuse the public as to whom they should consult.
It would leave the bar in a chaotic condition because nonlawyers are also not subject to disciplinary action.
Exceptions:
(1) Unless authorized by the constitution or law and
provided that such practice will not conflict or tend to
conflict with their official functions.
(2) Pro-bono appearances may be allowed by the Court in
special instances
THE COURTS
CANDOR, FAIRNESS AND GOOD FAITH TOWARDS THE COURTS
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A lawyer should not conceal the truth from the court, nor
mislead the court in any manner no matter how
demanding his duties to clients may be. His duties to his
client should yield to his duty to deal candidly with the
court. For no client is entitled to receive from the lawyer any
service involving dishonesty to the courts (Comments of IBP
Committee that drafted the Code, p. 53)
Statutory Basis
Canon 11. A lawyer shall observe and maintain the respect
due to the courts and to judicial officers and should insist
on similar conduct by others.
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Rationale
There is an affirmative duty of a lawyer to check against
useless litigations. His signature in every pleading
constitutes a certificate by him that to the best of his
knowledge there is a good ground to support it and that it is
not to interpose for delay. The willful violation of this rule
may subject him to (1) appropriate disciplinary action or (2)
render him liable for the costs of litigation. (Agpalo)
Statutory Basis
Canon 12: A lawyer shall exert every effort and consider it
his duty to assist in the speedy and efficient administration
of justice.
Forum Shopping
(1) Going from one court to another in the hope of
securing a favorable relief in one court, which another
court has denied
(2) Filing repetitious suits or proceeding in different courts
concerning the same subject matter after one court has
decided the suit with finality.
(3) Filing a similar case in a judicial court after receiving an
unfavorable judgment from an administrative tribunal.
Rule 12.01. A lawyer shall not appear for trial unless he has
adequately prepared himself on the law and the facts of
his case, the evidence he will adduce and the order of its
preference. He should also be ready with the original
documents for comparison with the copies.
Without adequate preparation, the lawyer may not be able
to effectively assist the court in the efficient administration
of justice. Non-observance of this rule might result in:
(a) The postponement of the pre-trial or hearing, which
would thus entail delay in the early disposition of the
case
(b) The judge may consider the client non-suited or in
default
(c) The judge may consider the case deemed submitted
for decision without clients evidence, to his prejudice.
[Agpalo]
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Rationale
The purpose is to prevent the suspicion that he is coaching
the witness what to say during the resumption of the
examination; to uphold and maintain fair play with the
other party and to prevent the examining lawyer from
being tempted to coach his own witness to suit his
purpose. [Callanta]
Criminal Liability
Subornation of Perjury
Subornation of perjury is committed by a person who
knowingly and willfully procures another to swear falsely
and the witness suborned does testify under circumstances
rendering him guilty of perjury. [US v. Ballena (1911)]
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Rationale
Newspaper publications regarding a pending or
anticipated litigation may interfere with a fair trial,
prejudice the administration of justice, or subject a
respondent or a accused to a trial by publicity and create a
public inference of guilt against him [Agpalo]
Rationale
The underlying reason for the impropriety of a lawyer
acting in such dual capacity lies in the difference between
the function of a witness and that of an advocate.
(1) function of a witness - to tell the facts as he recalls then
in answer to questions
(2) function of an advocate - is that of a partisan
Canon 13. A lawyer shall rely upon the merits of his cause
and refrain from any impropriety which tends to influence
or gives the appearance of influencing the court.
Related rule
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THE CLIENTS
(1) Oral
(2) Written
(3) Implied
A written contract between the counsel and the client is the
best evidence to show the presence of an attorney-client
relationship. However, it is not essential for the
employment of an attorney.
AVAILABILITY OF SERVICE WITHOUT DISCRIMINATION
Counsel de Officio
A counsel, appointed or assigned by the court, from among
such members of the bar in good standing who by reason
of their experience and ability, may adequately defend the
accused.
Related Rules
Rules of Court, Rule 138, Sec. 20 (i). Duties of attorneys. In
the defense of a person accused of a 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.
Amicus curiae
A friend of the court; a bystander usually a counselor
who interposes or volunteers information upon some
matter of law in regard to which the judge is doubtful or
mistaken. [Agpalo]
Canon 2, Rule 2.01. A lawyer shall not reject except for valid
reasons the cause of the defenseless or the oppressed.
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RA 6035
A stenographer who has attended a hearing before an
investigating fiscal or trial judge or hearing commissioner
of any quasi-judicial body or administrative tribunal and
has officially taken notes of the proceeding thereof shall,
upon written request of an indigent or low income litigant,
his counsel or duly authorized representative in the case
concerned, give within a reasonable period to be
determined by the fiscal, judge, commissioner or tribunal
hearing the case, a free certified transcript of notes take by
him on the case.
For he did betray by his moves his lack of enthusiasm for
the task entrusted to him, to put matters mildly. He did
point though to his responsibility as an election registrar
[but] there is not likely at present, and in the immediate
future, an exorbitant demand on his time. It may likewise be
assumed, considering what has been set forth above, that
petitioner would exert himself sufficiently to perform his
task as defense counsel with competence, if not with zeal,
if only to erase doubts as to his fitness to remain a member
of the profession in good standing. [Ledesma v. Climaco
(1974)]
Who is an indigent?
(a) a person who has no visible means of income or whose
income is insufficient for the subsistence of his family,
to be determined by the fiscal or judge, taking into
account the members of his family dependent upon
him for subsistence.
(b) an "indigent or low income litigant" shall include
anyone who has no visible means of support or whose
income does not exceed P300 per month or whose
income even in excess of P300 per month is insufficient
for the subsistence of his family [RA 6035]
RA 6033
All courts shall give preference to the hearing and/or
disposition of criminal cases where an indigent is involved
either as the offended party or accused.
RA 6034
Any indigent litigant may, upon motion, ask the Court for
adequate travel allowance to enable him and his indigent
witnesses to attendant the hearing of a criminal case
commenced by his complaint or filed against him. The
allowance shall cover actual transportation expenses by
the cheapest means from his place of residence to the
court and back. When the hearing of the case requires the
presence of the indigent litigant and/or his indigent
witnesses in court the whole day or for two or more
consecutive days, allowances may, in the discretion of the
Court, also cover reasonable expenses for meal and
lodging.
Statutory Basis
Canon 15. Observe Candor, Fairness and Loyalty in all his
Dealings and Transactions with his Clients.
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Confidentiality Rule
Privileged Communications
Conflict of Interest
Rule 15.03. A lawyer shall not represent conflicting
interests except by written consent of all concerned given
after a full disclosure of the facts.
Privileged Communication
An attorney cannot, without the consent of his client, be
examined as to any communication made by the client to
him or his advice given thereon in the course of
professional employment; nor can an attorneys secretary,
stenographer, or clerk be examined, without the consent of
the client and his employer, concerning any fact the
knowledge of which has been acquired in such capacity.
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A lawyer is not barred from dealing with his client but the
business transaction must be characterized with utmost
honesty and good faith. Business transactions between an
attorney and his client are disfavored and discouraged by
policy of law because by virtue of a lawyers office, he is an
easy position to take advantage of the credulity and
ignorance of his client. Thus, there is no presumption of
innocence or improbability of wrongdoing in favor of lawyers.
[Nakpil v. Valdez, 286 SCRA 758 (1998)]
(a)
(b)
(c)
(d)
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Attorney-client relationship
Property or interest is in litigation
Attorney takes part as counsel in the case
Purchase, acquisition by attorney, by himself or
through another, during pendency of litigation
UP COLLEGE OF LAW
LEGAL ETHICS
Delivery of Funds
Rule 16.03 - A lawyer shall deliver the funds and property
to his client when due or upon demand. However,
(a) he shall have a lien over the funds and
(b) may apply so much thereof as may be necessary to
satisfy his lawful fees and disbursements,
(c) giving notice promptly thereafter to his client. He shall
also have a lien to the same extent on all judgments
and executions he has secured for his client as
provided for in the Rules of Court.
Fiduciary Relationship
Rule 16.01. A lawyer shall account for all money or property
collected or received for or from the client.
A lawyer, under his oath, pledges himself not to delay any
man for money or malice and is bound to conduct himself
with all good fidelity to his clients. He is obligated to report
promptly the money of his clients that has come into his
possession (otherwise a violation of Sec. 25, Rule 138 of
ROC). He should not commingle it without his clients
consent. He should maintain a reputation for honesty and
fidelity to private trust. The fact that a lawyer has a lien for
fees on money in his hands would not relieve him from the
duty of promptly accounting for the funds received. [Daroy
v. Legaspi (1975)]
Co-Mingling of Funds
Rule 16.02. A lawyer shall keep the funds of each client
separate and apart from his own and those of others kept
by him.
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Borrowing or Lending
Negligence
Statutory Basis
Lawyers Negligence
General Rule: Client is bound by attorneys conduct,
negligence and mistake in handling case or in
management of litigation and in procedural technique,
and he cannot be heard to complain that result might have
been different had his lawyer proceeded differently.
Exceptions:
(1) Where it results in outright deprivation of clients liberty
or property or where interest of justice so requires
(2) Where error by counsel is purely technical which does
not affect substantially clients cause
(3) Ignorance, incompetence or inexperience of lawyer is so
great and error so serious that client, who has good
cause is prejudiced and denied a day in court
(4) Gross negligence of lawyer
(5) Lack of acquaintance with technical part of procedure.
Statutory Basis
Canon 18: Serve client with competence and diligence.
Adequate Protection
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Collaborating Counsel
Rule 18.01. A lawyer shall not undertake a legal service
which he knows or should know that he is not qualified to
render. However 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.
Clients Fraud
Rule 19.02. A lawyer who has received information that his
client has, in the course of the representation, perpetuated
a fraud upon a person or tribunal, shall promptly call upon
the client to rectify the same, and failing which he shall
terminate the relationship with such client in accordance
with the Rules of Court.
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Related Rule
Canon 21. A lawyer should not allow his client to
perpetuate fraud. However, the lawyer shall not volunteer
the information about the clients commission of the fraud
to anyone for that will run counter to his duty to maintain
at all times the clients confidences and secrets.
This rule merely requires the lawyer to terminate his
relationship with the client in the event the latter fails or
refuses to rectify the fraud. [Agpalo]
Procedure in Handling the Case
Rule 19.03. A lawyer shall not allow his client to dictate the
procedure in handling the case.
Right to compensation
In the absence of an express contract [for attorneys fee],
payment of attorneys fees may be justified by virtue of the
innominate contract of facio ut des (I do and you give)
which is based on the principle that no one shall enrich
himself at the expense of another [Corpuz v. CA (1980)]
As to substantial matter
Employment itself confers upon the attorney no implied or
apparent authority to bind the client on substantial
matters which the attorney may not impair, novate,
compromise, settle, surrender or destroy without the
clients consent or authority:
(1) Cause of action,
(2) Claim or demand sued upon
(3) Subject matter of the litigation
As to matters of law
In matters of law, the client should yield to the lawyer (not
the lawyer to the client) for the lawyer is better trained and
skilled in law. Also, proceedings to enforce remedies are
within the exclusive control of the attorney.
A lawyer should seek instruction from his client on any
substantial matter concerning the litigation which requires
decision on the part of the client (i.e. whether to
compromise the case or to appeal an unfavorable
judgment). In procedural matters, the client must yield to
the lawyer. [Agpalo]
ATTORNEYS FEES
Acceptance Fees
Canon 20: A lawyer shall charge only fair and reasonable
fees.
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Retaining
Effectivity
As soon as the lawyer gets As soon as the claim for
possession of the funds, attorneys fees had been
papers, documents, property entered into the records of
the case
Notice
Client need not be notified to Client and adverse party
make it effective
need to notified to make it
effective
Champertous Contract
One where the lawyer stipulates with his client the
prosecution of the case that he will bear all the expenses
for the recovery of things or property being claimed, and
the latter pays only upon successful litigation. Void for
being against public policy.
Applicability
May be exercised before Generally, it is exercisable
judgment or execution, or only when the attorney had
regardless thereof
already secured a favorable
judgment for his client
Contingent Contract
It is an agreement in which the lawyers fee, usually a fixed
percentage of what may be recovered in the action, is
made to depend upon the success in the effort to enforce
or defend the clients right. It is a valid agreement. It is
different from a champertous contract in that the lawyer
does not undertake to shoulder the expenses of the
litigation.
Champertous
Charging
Nature
Contingent
Rationale
This ensures protection of lawyers in collection of fees. It is
also designed to secure the lawyers wholehearted fidelity
to the clients cause and to prevent that situation in which
the receipt by him of a rebate or commission from another
in connection with the clients cause may interfere with the
full discharge of his duty to the client. The amount received
by lawyer from opposite party or third persons in the
service of his client belongs to the client except when the
latter has full knowledge and approval of lawyers taking
[Agpalo]
Void
Attorneys Liens
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 work performed and responsibility
assumed.
Note: This is not in the nature of a brokers commission
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Extraordinary Concept
An attorneys fee is an indemnity for damages ordered by
the court to be paid by the losing party to the prevailing
party in a litigation. The basis of this is any of the cases
authorized by law and is payable not to the lawyer but to
the client unless they have agreed that the award shall
pertain to the lawyer as additional compensation or as part
thereof. [Traders Royal Bank Employees Union-Independent
v. NLRC (1997)]
Factors of the value [Rule 138, Sec, 24]
(1) Importance of the subject matter of controversy;
(2) Extent of the services rendered; and
(3) Professional standing of the attorney.
Additionally, the court is not bound by the opinion of
attorneys as expert witness as to proper compensation
and that written contract shall control the amount paid
unless found by the court to be unconscionable or
reasonable.
Modes of payment
(1) A fixed or absolute fee which is payable regardless of
the result of the case
(2) A contingent fee that is conditioned to the securing of a
favorable judgment and recovery of money or property
and the amount of which may be on a percentage basis
(3) A fixed fee payable per appearance
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Exceptions:
(1) Some privileged communications lose their privileged
character by some supervening act done pursuant to
the purpose of the communication (e.g. a
communication intended by the client to be sent to a
third person through his attorney loses confidential
character once it reached the third party).
(2) The privilege against disclosure of confidential
communications or information is limited only to
communications which are legitimately and properly
within the scope of a lawful employment of a lawyer. It
does not extend to those made in contemplation of a
crime or perpetration of a fraud. It is not within the
profession of a lawyer to advise a client as to how he
may commit a crime. Thus, the attorney-client privilege
does not attach, there being no professional
employment in the strict sense.
The same penalty shall be imposed upon an attorney-atlaw or solicitor (procurador judicial) who, having
undertaken the defense of a client or having received
confidential information from said client in a case, shall
undertake the defense of the opposing party in the same
case, without the consent of his first client.
Confidentiality
(1) A confidential communication refers to information
transmitted by voluntary act of disclosure between
attorney and client in confidence and by means which
so far as the client is aware, discloses the information
to no third person other than one reasonably necessary
for the transmission of the information or the
accomplishment of the purpose for which it was given.
(2) There is a difference between confidences and secrets
of clients. While confidences refer to information
protected by attorney-client privilege under the
Revised Rules of Court (information pertinent to the
case being handled), secrets are those other
information gained in the professional relationship that
the client has requested to be held inviolate or the
disclosure of which would be embarrassing or would
likely be detrimental to client (information not exactly
pertinent to case).
(3) The intent of client to make communication
confidential must be apparent. But once conveyed to
lawyer, confidentiality attaches not only to statements
but also to other forms of communication.
(4) Embraces not only oral or written statements but
actions, signs or other means of communications.
(5) Communication may be transmitted by any form of
agency, such as a messenger, an interpreter or any
other form of transmission. It is immaterial whether the
agent is the agent of the attorney, the client or both.
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When Allowed
Rule 21.01. A lawyer shall not reveal the confidence or
secrets of his client except:
(a) When authorized by the client after acquainting him of
the consequences of the disclosure;
(b) When required by law;
(c) When necessary to collect his fees or to defend himself,
his employees or associates or by judicial action.
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(a) The reason for the rule is that the work and product of
a lawyer, such as his effort, research, and thought, and
the records of his client, contained in his files are
privileged matters.
(b) Neither the lawyer nor, after his death, his heir, or legal
representative may properly disclose the contents of
such file cabinet without clients consent
WITHDRAWAL OF SERVICES
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Suspension, Disbarment
& Discipline of Lawyers
NATURE AND CHARACTERISTICS OF DISCIPLINARY
ACTIONS AGAINST LAWYERS
(a) Sui Generis
(b) Prescription
Limitations
(1) Client cannot deprive counsel of right to be paid services
if dismissal is without cause
(2) Client cannot discharge counsel as an excuse to secure
repeated extensions of time
(3) Notice of discharge is required for both court and
adverse party
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GROUNDS
Rules of Court, Rule 138, Section 27. Attorneys 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 Supreme Court 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 required to take 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.
The practice of soliciting cases at law for the purpose of
gain, either personally or through paid agents or brokers,
constitutes malpractice.
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AVAILABLE DEFENSES
PRESCRIPTION
CIVIL LIABILITY
PROCEEDINGS
PROCEDURE FOR SUSPENSION OR DISBARMENT OF ATTORNEYS BY
THE IBP PROCEDURE FOR SUSPENSION OR DISBARMENT OF
ATTORNEYS (RULE 139-B) BY THE SUPREME COURT MOTU PROPIO
Suspension
Fine
Suspension
and Fine
CRIMINAL LIABILITY
COSTS OF SUIT
General Rule: Losing client and not the lawyer is liable for
costs, since the lawyer is not a party-litigant
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CONTEMPT OF COURT
(1)
(2)
(3)
(4)
(5)
(6)
(1)
(2)
(3)
(4)
(5)
Restitution
Assessment of costs
Limitation upon practice
Appointment of a receiver
Requirement that a lawyer take the bar examination or
professional responsibility examination
(6) Requirement that a lawyer attend continuing
education courses
(7) Other requirements that the supreme court or
disciplinary board deems consistent with the purposes
of sanctions
Rules of Court, Rule 138, Sec. 27. A member of the bar may
be removed or suspended from his office as attorney by the
Supreme Court 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
required to take 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. The practice of
soliciting cases at law for the purpose of gain either
personally or through paid agents or brokers constitutes
malpractice.
MODIFYING CIRCUMSTANCES
MITIGATING CIRCUMSTANCES
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AGGRAVATING CIRCUMSTANCES
(1)
(2)
(3)
(4)
(5)
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EFFECTS OF REINSTATEMENT
(1) Recognition of moral rehabilitation and mental fitness
to practice law;
(2) Lawyer shall be subject to same law, rules and
regulations as those applicable to any other lawyer;
(3) Lawyer must comply with the conditions imposed on
his readmission.
Note: Good moral character is not only a condition
precedent to admission to the practice of law but is a
continuing requirement.
Mandatory Continuing
Legal Education
PURPOSE
xxx
(3) Upon expiration of the period of suspension,
respondent shall file a Sworn Statement with the
Court, through the Office of the Bar Confidant, stating
therein that he or she has desisted from the practice of
law and has not appeared in any court during the
period of his or her suspension;
(4) Copies of the Sworn Statement shall be furnished to
the Local Chapter of the IBP and to the Executive
Judge of the courts where the respondent has pending
cases handled by him or her, and/or where he or she
has appeared as counsel;
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Number of Hours
Legal Ethics
At least six
(6) hours
and
International
Law
and At least two (2) hours
International Conventions
Such subjects as may be Six (6) hours
prescribed by the MCLE
Committee
EXEMPTIONS
Some members of the Bar such as the President, Vice
President, Senators, Members of the House of
Representatives, justices of the Supreme Court, among
others, are exempted from the MCLE requirement. (See
Rule 7, Sec. 1)
COMPLIANCE GROUPS
CHANGE OF STATUS
PROOF OF EXEMPTION
SANCTIONS
NON-COMPLIANCE FEE
A member who, for whatever reason, is in non-compliance
at the end of the compliance period shall pay a noncompliance fee. (Rule 13, Section 1)
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Notarial Practice
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public; and
(4) The notary public notarizes the signature by thumb
or other mark through an acknowledgement, jurat,
or signature witnessing
(c) Authorized to sign on behalf of a person who is
physically unable to sign or make a mark on an
instrument or document if:
(1) The notary public is directed by the person unable
to sign or make a mark to sign on his behalf;
(2) The signature of the notary public is affixed in the
presence of two disinterested and unaffected
witnesses to the instrument or document;
(3) Both witnesses sign their own names;
(4) The notary public writes below his signature:
Signature affixed by notary in presence of (names
and addresses of person and two (2) witnesses) ;
and
(5) The notary public notarizes his signature by
acknowledgement or jurat
Reason: The law assumes that the act which the officer
witnessed and certified to or the date written by him is not
shown to be false since notaries are public officers
PUNISHABLE ACTS
Irregularity in person
Disqualifications
(1) If notary is personally a party to the instrument [Villarin
v Sabate, AC No. 3224, Feb. 2000]
(2) If he will receive as an indirect and direct result any
commission, fee, advantage, right, title, interest, cash,
property, or other consideration in excess of what is
provided in these rules
(3) If notary is a spouse, common-law partner, ancestor,
descendant, or relative by affinity or consanguinity of
the principal up to the fourth degree [Rule IV, Sec. 3]
NOTARIAL REGISTER
A chronological official notarial register of notarial acts
consisting of a permanently bound book with numbered
pages. There must only be one active register ay any given
time.
EFFECTS OF NOTARIZATION
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For vendors, the sale of the seal may only be upon judicial
authority, for a period of 4 years.
Exceptions:
(1) In public offices, convention halls and other places
where oaths of office are administered, public function
areas in hotels and similar areas used for the signing of
instruments or documents requiring notarization
(2) Hospitals and other medical institutions where a part
to an instrument is confined for treatment
(3) Any place where a party to the instrument requiring
notarization is under detention
REVOCATION OF COMMISSION
(6) At the end of each week, the notary public shall certify
in his notarial register the number of instruments or
documents executed, sworn to, acknowledged, or
protested before him; or if none, this certificate shall
show this fact.
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JUDICIAL ETHICS
Qualities
INDEPENDENCE
JUDICIAL ETHICS
Branch of moral science which treats of the right and
proper conduct to be observed by all judges and
magistrates in trying and deciding controversies brought
to them for adjudication which conduct must be
demonstrative of impartiality, integrity, competence,
independence and freedom from improprieties.
JUDGE
A public officer who, by virtue of his office, is clothed with
judicial authority, a public officer lawfully appointed to
decide litigated questions in accordance with law.
DE JURE JUDGE
One who is exercising the office of judge as a matter of
right; an officer of a court who has been duly and legally
appointed, qualified and whose term has not expired.
DE FACTO JUDGE
An officer who is not fully invested with all the powers and
duties conceded to judges, but is exercising the office of a
judge under some color of right.
QUALIFICATIONS OF SC MEMBERS
(a) Natural born citizen
(b) At least 40 years of age
(c) Must have been for at least 15 years a judge of a lower
court or engaged in the practice of law [Sec. 7 (1), Art.
VIII, 1987 Constitution]
QUALIFICATIONS OF RTC JUDGES
(a) Filipino citizenship (natural born or naturalized)
(b) At least 35 years of age
(c) For at least 10 years has been engaged in the practice
of law in the Philippines or has held public office
requiring admission to the practice of law as an
indispensable requisite
OUTSIDE PRESSURE
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INTEGRITY
Canon 2. Integrity is essential not only to the proper
discharge of the judicial office but also to the personal
demeanor of judges.
MEMORY AID FOR SECTIONS UNDER CANON 2
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IMPARTIALITY
Canon 3. Impartiality is essential to the proper discharge of
the judicial office. It applies not only to the decision itself
but also to the process by which the decision is made.
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(a)
(b)
(c)
(d)
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DISQUALIFICATIONS
Inhibition
Basis
REMITTAL OF DISQUALIFICATIONS
Voluntary Inhibition
A judge may, in the exercise of his sound discretion
disqualify himself, for just and valid reasons other than
those mentioned above. [Rule 137, Section 1]
(a)
(b)
(c)
(d)
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AVOIDANCE OF IMPROPRIETY
AVOIDANCE OF CONTROVERSY
Acts done by a judge which are not illegal but are still
violations of the Code of Judicial Ethics
(a) Hearing cases on a day when the judge was supposed
to be on official leave
(b) Hearing a motion while on vacation, in the judges
room dressed in a polo jacket
(c) Photos showing the judge and one of his subordinates
coming out of a hotel together, despite absence of
clear evidence of sexual congress
(d) Making a joking remark to a litigant suggesting that
the latter prove he harbored no ill feelings towards the
judge
(e) Making a comment after conducting a marriage
ceremony that the bride and groom should sexually
satisfy each other so that they will not go astray
It was highly improper for a judge to have wielded a highpowered firearm in public and besieged the house of a
perceived defamer of character and honor in warlike
fashion and berated the object of his ire, with his firearm
aimed at the victim [Saburnido v. Madrono (2001)]
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Ticket-fixing
Misconduct in which judges impermissibly take advantage
of their position to avoid traffic violations.
CONFIDENTIAL INFORMATION
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PRACTICE OF PROFESSION
Sec. 11. Judges shall not practice law whilst the holder of
judicial office.
This prohibition is based on the inherent incompatibility of
the rights, duties and functions of the office of an attorney
with the powers, duties and functions of a judge. [Carual v.
Brusola (1999)]
FORM ASSOCIATIONS
EQUALITY
(a)
(b)
(c)
(d)
(e)
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NOT TO DIFFERENTIATE
(a)
(b)
(c)
(d)
(e)
(f)
(g)
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Discipline of Members
of the Judiciary
MEMBERS OF THE SUPREME COURT
IMPEACHMENT
Statutory Basis
1987 Constitution, Art. X, Section 2. The President, the VicePresident, the Members of the Supreme Court, the
Members of the Constitutional Commissions, and the
Ombudsman may be removed from office on
impeachment for, and conviction of, culpable violation of
the Constitution, treason, bribery, graft and corruption,
other high crimes, or betrayal of public trust. All other
public officers and employees may be removed from office
as provided by law, but not by impeachment.
Public Proceedings
All proceedings of the impeachment trial are public
because of the national interest involved in the issue. The
people through their representatives are to decide for the
outcome of the impeachment. [Bag-ao]
LOWER COURT JUDGES AND JUSTICES
STATUTORY BASIS
MISCONDUCT
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SERIOUS INEFFICIENCY
GROUNDS
Sec. 7. Classification of charges. Administrative charges
are classified as serious, less serious, or light.
Sec. 8. Serious charges. Serious charges include:
(1) Bribery, direct or indirect;
(2) Dishonesty and violations of the Anti-Graft and Corrupt
Practices Law (R.A. No. 3019);
(3) Gross misconduct constituting violations of the Code of
Judicial Conduct;
(4) Knowingly rendering an unjust judgment or order as
determined by a competent court in an appropriate
proceeding;
(5) Conviction of a crime involving moral turpitude;
(6) Willful failure to pay a just debt;
(7) Borrowing money or property from lawyers and litigants
in a case pending before the court;
(8) Immorality;
(9) Gross ignorance of the law or procedure;
(10) Partisan political activities; and
(11) Alcoholism and/or vicious habits.
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CONDUCT:
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Disqualifications
of Justices & Judges
COMPULSORY DISQUALIFICATION
[Section 1 (1), Rule 137, ROC]
No judge or judicial officer shall sit in any case in which:
(a) He, or his wife or child, is pecuniarily interested as heir,
legatee, creditor or otherwise; or
(b) He is related to either party within the sixth degree of
consanguinity or affinity, or to counsel within the fourth
degree, computed according to the rules of the civil
law; or
(c) He has been executor, administrator, guardian, trustee
or counsel; or
(d) He has presided in any inferior court when his ruling or
decision is the subject of review, without the written
consent of all parties in interest, signed by them and
entered upon the record.
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Exceptions:
(1) Except with the approval of the judge of first instance
of said province; and
(2) Only in the following cases:
(a) An order for the delivery of personal property lying
outside the province is to be complied with;
(b) An attachment of real or personal property lying
outside the province is to be made
(c) The action is against two or more defendants
residing in different provinces; and
(d) 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 execution of such
contract as appears therefrom.
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SAFEKEEPING OF PROPERTY
The clerk shall safely keep all records, papers, files, exhibits
and public property committed to his charge, including the
library of the court, and the seals and furniture belonging
to his office. [Sec. 7, Rule 136 ROC]
GENERAL DOCKET
The clerk shall keep a general docket, each page of which
shall be numbered and prepared for receiving all the
entries in a single case, and shall enter therein all cases,
numbered consecutively in the order in which they were
received, and, under the heading of each case and a
complete title thereof, the date of each paper filed or
issued, of each order or judgment entered, and of each
other step taken in the case so that by reference to a single
page the history of the case may be seen. [Sec. 8, Rule 136
ROC]
CLERKS OFFICE
The clerks office, with the clerk or his deputy in
attendance, shall be open during business hours on all days
except Sundays and legal holidays. The clerk of the
Supreme Court and that of the Court of Appeals shall keep
office at Manila and all papers authorized or required to be
field, therein shall be filed at Manila. [Sec. 3, Rule 136 ROC]
EXECUTION BOOK
The clerk shall keep an execution book in which he or his
deputy shall record at length in chronological each
execution, and the officers return thereon, by virtue of
which real property has been sold. [Sec. 10, Rule 136 ROC]
CERTIFIED COPIES
The clerk shall prepare, for any person demanding the
same, a copy certified under the seal of the court of any
paper, record, order, judgment, or entry in his office, proper
to be certified, for the fees prescribed by these rules. [Sec.
11, Rule 136 ROC]
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STENOGRAPHER
It shall be the duty of the stenographer who has attended
a session of a court either in the morning or in the
afternoon, to deliver to the clerk of court, immediately at
the close of such morning or afternoon session, all the
notes he has taken, to be attached to the record of the
case; and it shall likewise be the duty of the clerk to
demand that the stenographer comply with said duty. The
clerk of court shall stamp the date on which such notes are
received by him. When such notes are transcribed the
transcript shall be delivered to the clerk, duly initialed on
each page thereof, to be attached to the record of the case.
INDEX
The general docket, judgment book, entries book and
execution book shall be indexed in alphabetical order in
the names of the parties, and each of them. If the court so
directs, the clerk shall keep two or more of either or all of
the books and dockets above-mentioned, separating civil
from criminal cases, or actions from special proceedings,
or otherwise keeping cases separated by classes as the
court shall deem best. [Sec. 13, Rule 136 ROC]
UNPRINTED PAPERS
All unprinted documents presented to the superior courts
of the Philippines shall be written on paper:
(a) Of good quality
(b) 12 and 3/8 inches long
(c) 8 inches wide
(d) Not less than 1 inch top and left-hand side margins
Papel catalan, of the first and second classes, legal cap,
and typewriting paper of such weight as not to permit the
writing of more than one original and two carbons at one
time, will be accepted, provided that such paper is of the
required size and of good quality.
Documents written with ink shall not be of more than
twenty-five lines to one page.
Typewritten documents shall be written double-spaced.
One side only of the page will be written upon, and the
different sheets will be sewn together, firmly, by five
stitches in the left-hand border to facilitate the formation
of the expediente, and they must not be doubled. [Sec. 15,
Rule 136 ROC]
A municipal (or city) judge may keep two dockets, one for
civil and one for criminal cases. He shall also keep all the
pleadings and other papers and exhibits in cases pending
in his court, and shall certify copies of his docket entries
and other records proper to be certified, for the fees
prescribed by these rules. It shall not be necessary for the
municipal (or city) judge to reduce to writing the testimony
of witnesses, except that of the accused in preliminary
investigations. [Sec. 18, Rule 136 ROC]
PRINTED PAPERS
All papers required by these rules to be printed shall be
printed with:
(a) Black ink
(b) On unglazed paper
(c) Pages 6 inches wide, 9 inches
(d) In pamphlet form
The type used shall not be smaller than 12 pts.
PAGE 62
UP COLLEGE OF LAW
JUDICIAL ETHICS
Costs
RECOVERY OF COSTS [RULE 142]
Witness my signature,
PREVAILING PARTY
Municipal
(or City Judge)
Judge
Legal Fees
MANNER OF PAYMENT
Upon filing of the pleading or other application which
initiates an action or proceeding, the fees prescribed
therefor shall be paid in full. [Sec. 1, Rule 141 ROC]
FEES IN LIEN
Where the court in its final judgment awards a claim not
alleged, or a relief different from, or more than that
claimed in the pleading, the party concerned shall pay the
additional fees which shall constitute a lien on the
judgment in satisfaction of said lien. The clerk of court
shall assess and collect the corresponding fees. [Sec. 2,
Rule 141 ROC]
FRIVOLOUS APPEAL
NON-APPEARANCE OF WITNESS
PAGE 63