LEGAL ETHICS

Q. Give the Lawyers Oath

A.

I, _______________________, do solemnly swear that I will maintain allegiance to the Republic of the Philippines; I will
support its Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein; I will do no
falsehood, nor consent to the doing of any in court; I will not willingly nor willfully promote or sue any groundless, false or
unlawful suit; or give aid nor consent to the same; I will delay no man for money or malice, and will conduct myself as a
lawyer according to the best of my knowledge and discretion, with all good fidelity as well as to the court as to my clients;
and I impose or purpose of evasion. So help me God.

Q. What is Practice of Law?

A. Any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and
experience. To engage in the practice of law is to give notice or render any kind of service, which device or service
requires the use in any degree of legal knowledge or skill (Cayetano vs. Monsod, 201 SCRA 210).

Q. Who are non-lawyers authorized to appear in court?

A.

1. In cases before the MTC, a party may conduct his case or litigation in person, with the aid of an agent or friend
appointed by him for that purpose (Sec. 34, Rule 138, RRC).

2. Before any other court, a party may conduct his litigation personally

3. In a criminal case before the MTC in a locality where a duly licensed member of the Bar is not available, the
judge may appoint a non-lawyer who is:

a. resident of the province, and

b. of good repute for probity and ability to aid the accused in his defense (Rule 116, Sec. 7, RRC)

4. A senior law student, who is enrolled in a recognized law schools clinical education program approved by the
Supreme Court may appear before any court without compensation, to represent indigent clients accepted by the
Legal Clinic of the law school. The student shall be under the direct supervision and control of an IBP member
duly accredited by the law school.

5. Under the Labor Code, non-lawyers may appear before the NLRC or any Labor Arbiter, if (1) they represent
themselves, or if (2) they represent their organization or members thereof (Art. 222, PO 442, as amended).

6. Under the Cadastral Act, a non-lawyer can represent a claimant before the Cadastral Court (Act No. 2259, Sec.
9).

7. Any person appointed to appear for the government of the Phil. in accordance with law (Sec. 33 Rule 138).

Q. Who are the persons authorized to represent the government?

A.

1. Solicitor General
2. Assistant Solicitors General
3. Solicitors and Trial Attorneys
4. State Prosecutors or special counsel in the Department of Justice
5. Provincial and City Prosecutors and their assistants
6. Other attorneys in other legal offices of the government

Q. Is a lawyer member of the Legislature absolutely prohibited from personally engaging in the practice of his
profession?

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A. No. No senator or member of the House of Representatives may personally appear as counsel before any courts of
justice or before the Electoral Tribunals, or quasi-judicial and other administration bodies. The word appearance
includes not only arguing a case before any such body but also filing a pleading on behalf of a client.

Q. What is moral turpitude?

A. Moral turpitude includes everything which is done contrary to justice, honesty, modesty, or good morals.

Q. What is barratry?

A. Barratry is the offense of frequently exciting and stirring up quarrels and suits, either at law or otherwise. It is the
lawyers act of fomenting suits among individuals and offering his legal services to one of them.

Q. When may a private prosecutor intervene?

A. A private prosecutor on behalf of the offended party is allowed to intervene in the prosecution of a crime only where
from the nature of the offense or the law defining and punishing the offense charged civil liability is deemed instituted with
the criminal action.

Q. What are the liabilities of an applicant who willfully falsified his application to take the Bar Examination?

A. He is criminally liable for Falsification of Public Document under Article 171 of the Revised Penal Code. And if after
hurdling the Bar Examination, he is later found to have falsified his application for admission to the Bar, he is likewise
administratively liable for misconduct.

Q. What are the liabilities in the unauthorized practice of law?

A. The act of pretending or assuming to be an attorney or an officer of the court and acting as such without authority is
punishable with contempt of court. The lawyer who assists in an unauthorized practice of law whether directly or indirectly
is subject to disciplinary action.

Q. What are instances of forum shopping?

A.

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

2. When he institutes two or more proceedings grounded on the same cause, on the gamble that one or the
other court would make a favorable disposition

3. Filing a second suit in a court without jurisdiction

4. Filing an action in court while the same cause of action is still pending in an administrative proceeding

5. When counsel omits to disclose the pendency of an appeal

Q. What is the sanction for violating the rule against forum shopping?

A. It shall cause the dismissal of both complaints or actions and contempt charge to the party concerned and his counsel.

Q. What are the three tests to determine conflicting interests?

A.

1. When, on behalf of one client, it is the attorneys duty to contest for that which his duty to another client requires
him to oppose or when this possibility of such situation will develop (conflicting duties).
2. Whether the acceptance of the new relation will prevent a lawyer from the full discharge of his duty of undivided
fidelity and loyalty to his client or will invite suspicion of unfaithfulness or double-dealing in the performance
thereof (Invitation of suspicion).
3. Whether a lawyer will be called upon in his new relation to use against the first client any knowledge acquired in
the previous employment (use of prior knowledge obtained).

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Q. What is retainer?

A. Retainer is an act of a client by which he engages an attorney to manage a cause for him in a case in which he is a
party, or otherwise to advise him as counsel.

There are two kinds of legal retainer the general retainer and special retainer. A general retainer is one in which the
client secures the services of a lawyer in advance for any emergency that may afterwards arise. A special retainer refers
to services for a particular case or services.

Q. What are the requisites of privileged communication?

A.

1. There is an attorney-client relationship or a kind of consultancy requirement with a prospective client;

2. The communication was made by the client to the lawyer in the course of the lawyers professional
employment;

3. The communication must be intended to be confidential.

Q. What is a lawyers retaining lien?

A. A lawyer shall have a lien over the clients funds and may apply so much thereof to satisfy his lawful fees and
disbursements but must give prompt notice to his client for the latters advertisement.

Q. What is a charging lien?

A. For the further protection of the lawyer, he shall also have a lien to the extent of his attorneys fees and legal
disbursements on all judgments and executions he has secured for his client as provided for in the Rules.

Q. What is a champertous contract?

A. It is a contract where a lawyer stipulates with his client that in the prosecution of the case, he will bear all the expenses
for the recovery of things or property being claimed by the client and the latter agrees to pay the former a portion of the
thing/property recovered as compensation.

Q. What are the characteristics of a disbarment proceeding?

A.

1. It is neither a civil nor a criminal proceeding.

2. Double jeopardy cannot be availed of in a disbarment proceeding against an attorney.
3. It can be initiated motu propio by the Supreme Court or by the IBP. It can be initiated without a complainant.
4. It can proceed regardless of interest or lack of interest of the complainants. If the facts proven so warrant.
5. It is imprescriptible.
6. It is conducted confidentially being confidential in nature until its final determination.
7. It is itself due process of law.

Q. What is the criterion for reinstatement?

A. Whether or not the applicant shall be reinstated rests to a great extent in the sound discretion of the court. The court
action will depend, generally speaking, on whether or not it decides that the public interest in the orderly and impartial
administration of justice will be conserved by the applicants participation therein in the capacity of an attorney and
counsel at law. The applicant must, like a candidate for admission to the Bar, satisfy the Court that he is a person of good
moral character a fit and proper person to practice law.

Q. What is the ethical conduct demanded of lawyers in the government?

A. Since public office is a public trust, the ethical conduct demanded upon lawyers in the government service is more
exacting than the standards for those in private practice. Lawyers in the government service are subject to constant
public scrutiny under norms of public accountability. They also bear the heavy burden of having to put aside their private

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interest in favor of the interest of the public; their private activities should not interfere with the discharge of their official
functions. (Olazo v. Tinga A.M. No. 10-5-7-SC)

Q. What is Judicial Ethics?

A. Judicial Ethics is that 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.

Q. What governs the official and personal conduct of the members of the judiciary?

A. The New Code of Judicial Conduct for the Philippine Judiciary promulgated by the Supreme Court on April 27, 2004
and became effective on June 1, 2004, which was adopted pursuant to Bangalore Draft of the Code of Judicial Conduct.

Q. Is the personal life of a judge also regulated by the New Code of Judicial Conduct for the Philippine
Judiciary?

A. Yes. Canon 2, specifically states that the integrity is essential not only to the proper discharge of the judicial office but
also to the personal demeanor of judges.

Q. Is it proper for a judge to allow his residences as a venue for receiving clients and their lawyers by a member
of the legal profession?

A. No, It is specifically proscribed by the New Code in Sec. 5 of Canon 4, which states that judges shall not allow the use
of their residence by a member of the legal profession to receive clients of the latter or of other members of the legal
profession.

Q. May a judge borrow money from a complainant?

A. Rule 5.02, Canon 5 of the Code of Judicial Conduct mandates that a judge shall refrain from financial and business
dealings that tend to reflect adversely on the courts impartiality, interfere with the proper performance of judicial activities,
or increase involvement with lawyers or persons likely to come before the court. (Burias vs. Valencia A.M. No. MTJ-07-
1689)

Q. Is the Code of Judicial Conduct applicable to COMELEC Commissioners?

A. No, The New Code of Judicial Conduct for the Philippine Judiciary applies only to courts of law, of which the Comelec is
not, hence, sanctions pertaining to violations thereof are made exclusively applicable to judges and justices in the
judiciary, not to quasi-judicial officers like the Comelec chairman and members, who have their own codes of conduct to
steer them. (Marcoleta vs. Borra A.C. No. 7732)

Q. May I judge be held civilly liable in refusing to inhibit from a case?

A. Whenever and wherever a judge of a court of superior jurisdiction exercises judicial functions, he will not be personally
liable in civil damages for the result of his actions, and the test of judicial liability is not jurisdiction, but such liability
depends wholly upon the nature of the question which is being determined when the error complained of is committed by
the court. If such question is one of the determination of which requires the exercise of judicial functions, the judge is not
liable, even though there is in reality an absolute failure of jurisdiction over the subject matter. (Aparicio vs. Andal GR
86587-93)

Q. May a case for mandamus compel a judge to hear a case?

A. No, Mandamus would not lie to compel respondent Judge Ed la Cruz to proceed with the hearing of the case since the
grant or denial of a motion to inhibit involves the exercise of discretion. (Gutang vs. C.A. GR 124760)

NOTE: Pimentel vs. Salanga GR L-27934 A judge may not be legally prohibited from sitting in a litigation, thus when
suggestion is made of record that he might be induced to act in favor of one party or with bias or prejudice against a
litigant, arising out of circumstances reasonably capable of inciting such a state of mind, he should conduct a careful self-
examination. He should exercise his discretion in a way that the peoples faith in the courts of justice is not impaired.

Q. What are the grounds for initiating an Impeachment proceeding against a Justice?

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A. The grounds for impeachment are

1. culpable violation of the Constitution

2. treason
3. bribery
4. graft and corruption
5. other high crimes
6. betrayal of public trust.

Q. What are the mandatory disqualifications for Justices and Judges?

A. No judge or judicial officer shall sit in any case in which he, or his wife or child, is pecuniarily interested as heir, legatee,
creditor or otherwise, or in which he is related to either party within the sixth degree of consanguinity or affinity, or to
counsel within the fourth degree, computed according to the rules of the civil law, or in which he has been executor,
administrator, guardian, trustee or counsel, or in which he has been 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. (Rule 137, Section 1)

Judges shall disqualify themselves from participating in any proceedings in which they are unable to decide the matter
impartially or in which it may appear to a reasonable observer that they are unable to decide the matter impartially. Such
proceedings include, but are not limited to, instances where (a) The judge has actual bias or prejudice concerning a party
or personal knowledge of disputed evidentiary facts concerning the proceedings; (b) The judge previously served as a
lawyer or was a material witness in the matter in controversy; (Canon 3 of the New Code of Judicial Conduct for
Philippine Judiciary, Section 5)

When any of the grounds for mandatory inhibition exists, the judge must disqualify himself without any challenge from
either party. He has no option. The only exception is when all the parties, upon disclosure by the judge of the ground, give
consent in writing and this written consent is entered into the record. It is called Remittal of Disqualification.

Q. What is the rule on the recovery of costs of a dismissed action? On Frivolous Appeal? On False Allegations?
On Non-appearance of witness?

A. If an action or appeal is dismissed for want of jurisdiction or otherwise, the court nevertheless shall have the power to
render judgment for cost, as justice may require. (Rule 142, Section 2)

Where an action or appeal is found to be frivolous, double or treble cost may be imposed on the plaintiff or appellant,
which shall be paid by his attorney, if so ordered by the court. (Rule 142, Section 3)

An averment in a pleading made without reasonable cause and found untrue shall subject the offending party to the
payment of such reasonable expenses as may have been necessarily incurred by the other party by reason of such
untrue pleading. The amount of expenses so payable shall be fixed by the judge in the trial, and taxed as costs. (Rule
142, Section 4)

If a witness fails to appear at the time and place specified in the subpoena issued by any inferior court, the cost of the
warrant of arrest and of the arrest of the witness shall be paid by the witness if the court shall determine that his failure to
answer the subpoena was willful or without just excuse. (Rule 142, Section 12)

Q. What is Notarization?

A. Notarization refers to any act that a notary public is empowered to perform such as acknowledgments, oaths and
affirmations, jurats, signature witnessing, and copy certifications. (2004 Rules on Notarial Practice [Rules])

Q. What effect does notarization have on a document?

A. Notarization converts a private document into a public document and renders the document admissible in court as
evidence without need for further proof of its authenticity. A notarized document is entitled, by law, to full faith and credit
upon its face. Notarization also vests upon the document the presumption of regularity unless it is impugned by strong,
complete and conclusive proof. (Sec. 30, Rule 132, Rules of Court; De Rosales vs. Ramos, A.C. No. 5645, July 2, 2002)

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Q. What is a competent evidence of identity?

A. The phrase "competent evidence of identity" refers to the identification of an individual based on at least one current
identification document issued by an official agency bearing the photograph and signature of the individual (Section 12 of
Rule II, 2004 Rules on Notarial Practice, as amended by A.M. No. 02-8-13-SC dated February 19, 2008); or the oath or
affirmation of one credible witness not privy to the instrument, document or transaction who is personally known to the
notary public and who personally knows the individual, or of two credible witnesses neither of whom is privy to the
instrument, document or transaction who each personally knows the individual and shows to the notary public
documentary identification.

Q. What are the prohibitions of a Notary Public?

A. A notary public shall not perform a notarial act outside his regular place of work or business; provided, however, that
on certain exceptional occasions or situations, a notarial act may be performed at the request of the parties in the
following sites located within his territorial jurisdiction, public offices, convention halls, and similar places where oaths of
office may be administered; public function areas in hotels and similar places for the signing of instruments or documents
requiring notarization; hospitals and other medical institutions where a party to an instrument or document is confined for
treatment; and any place where a party to an instrument or document requiring notarization is under detention.

A person shall not perform a notarial act if the person involved as signatory to the instrument or document is not in
the notary's presence personally at the time of the notarization; and is not personally known to the notary public or
otherwise identified by the notary public through competent evidence of identity as defined by these Rules.

NOTE: Laquindanum vs. Quintana A.C. No. 7036 Atty. Quintana violated the 2004 Rules on Notarial Practice and the
Code of Professional Responsibility when he committed the following acts: (1) he notarized documents outside the area of
his commission as a notary public; (2) he performed notarial acts with an expired commission; (3) he let his wife notarize
documents in his absence; and (4) he notarized a document where one of the signatories therein was already dead at that
time.

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