Vous êtes sur la page 1sur 207

Legal Ethics (November 9 & 10, 2016) assures and effective and efficient

administration of justice
LEGAL ETHICS assists in the keeping and maintenance of law
Branch of moral law which treats of the duties and order
that an attorney owes: provides basis for the weeding out of the unfit
1. To the PUBLIC (Canon 1-6); and misfit
- Duty towards the society
2. To the BAR (Canon 7-9); DEFINITION OF TERMS
- Duty towards his colleagues or co-lawyers Bar & Bench
3. To the COURT (Canon 10-13); Bar refers to the body of lawyers. The bench is to the
- D judges.
4. To the CLIENT (Canon 14-22)
As embodied in the Constitution, Rules of Court, the Bar Admission
CPR, the CPE, jurisprudence and special law. Refers to the process or the act of qualifying to practice
the profession. Bar admission here in the PH refers to
Referred to as the Four-Fold Duty of a Lawyer the Bar Exams which is administered by the Supreme
Court. And that Bar Exam will test the legal knowledge
Code of Professional Responsibility (CPR) is promulgated and skill of the student/applicant. It will test if the
by the Supreme Court. barrister has the necessary knowledge and skill to
become a lawyer.
Canons of Professional Ethics (CPE) is promulgated by
the American Bar Association which we copied and Trial Lawyer
adopted it in the PH before the CPR. Refers to an attorney who appears before the courts,
before the quasi-judicial bodies and administrative
Jurisprudence may refer to decisions rendered by the US agencies of the government to handle a case for or
courts interpreting and construing the provisions of the against the person. They appear in courts.
Canons of professional ethics.
Practicing Lawyer
Special laws could be an example the Code of Conduct Need not be a trial lawyer. He/she would simply be a
and Ethical Standards for Public Officials which also lawyer who gives advice to a client or a lawyer who
govern the conduct of government officials who are prepares legal documents for a client. In the practice of
lawyers. law, it is not limited to appearance on courts.

IMPORTANCE OF LEGAL ETHICS There are three main activities of the practice of law:
It is a required bar subject in order to 1. Giving of advice to clients
emphasize its importance in ensuring the 2. Preparation of legal documents for a client
continued existence of the profession. 3. Appearance in Courts, Quasi-Judicial Bodies, and
The highest moral and ethical standards in the Administrative Offices
law profession should be maintained so that the
people will continue to repose their trust in These concepts differ in the extent of the services being
lawyers and in the role that they play in the rendered to the client.
efficient and speedy administration of justice.
Pro Se
The lawyer must be honest and straightforward. It is Refers to a person or a layman who appears for himself
provided in the CPR. in a case. If a person can't afford a lawyer, he can
appear for himself. It is authorized under the law. But it
SIGNIFICANCE OF LEGAL ETHICS is not advised.
guards against the abuses and ills of the
profession, such as dishonesty, deceit, Client
negligence, immorality and other forms of This is important because this person is the one who is
malpractice paying the lawyer.
How? If the lawyer the CPR, then a person aggrieved by
that or anybody from the public may file a complaint for Client could be a natural person. An individual. Or it
disbarment before the IBP. could be a juridical person i.e. companies or
raises the standard of the legal profession corporations.
encourages and enhances the respect for the
law Attorney-at-Law
It will assure the trust of the public. Musalig ang client A lawyer authorized by the SC after qualifying the
sa lawyer. Kay kung wala magkagubot. You cannot take admission to the Bar possessing all the requirements.
the law on your hands and have to go through the
process and in going through the process you need the Attorney-in-Fact
assistance of a lawyer. And it is a best that the lawyer An agent authorized by somebody through a Special
will conduct himself according to the code of the Power of Attorney (SPA). He/she may or may not be a
profession. lawyer.
are established lawyers who are known for that field of
Counsel De Officio law such as authors.
A lawyer who is appointed by the Court in a criminal
case wherein the accused cannot afford the services of a It is good that you will be asked by the SC. It will help
lawyer. you in your practice.

Attorney Ad Hoc Amicus Curiae Par Excellence


This refers to a lawyer appointed by the court to This refers to a group of lawyers or an association of
represent an absentee defendant of a case. So kung mu lawyers who helps the Court in resolving certain issues.
absent ang defendant sa case unya naay kinahanglan i-
discuss sa court then the court may appoint any lawyer Advocate
present to represent that absent defendant in that case. A lawyer who will defend and advance the cause of the
client. In advancing the cause of the client, that lawyer
Attorney of Record will defend the cause of the client within the bounds of
This refers to the lawyer who is engaged by the client to the law. So he will use all the remedies available and
represent him/her in the case. By the term itself, this is provided in the law/ in the rules of court.
the lawyer who will appear in the records of the case.
He will make the entry of appearance. Being the counsel Solicitor
of record, the Court will furnish all the orders and Refers to the lawyer who is connected to the OSG.
notices to him/her. The other party will also serve the
pleadings to this lawyer because he is the attorney of Assumpsit
record. Refers to an action/ a case filed by the lawyer to a client
in order to recover his attorney's fees. Iya ikiha iyang
Of Counsel client to claim his professional fees that were not given
This refers to a retired member of the Judiciary or a to him.
retired member of the firm who gives advice to the
perform or gives counsel to the firm. Bar Association
Refers to voluntary groupings or association of lawyers
Ex. A Justice may now be a retired and given he is a who may have common interest. We have the Philippine
member of a firm, he may now provide advice to the Bar Association. In, Cebu the FIDA and CELIA (?)...
members of that firm. He may be designated as Of exclusive for lady lawyers. Mactan Island Lawyers'
Counsel in the pleadings. League (MIL), Young Lawyers' Association of Cebu
(YLAC) - a voluntary groupings association of lawyers.
Lead Counsel These associations must have purposes which must be in
In a litigation of a case, it is possible that a client will conformity with the objectives of the IBP. They should
have several lawyers to handle his case. Duha or lima or not have objectives or rules which are in contradiction to
kutob sa ma-afford. And among the lawyers, say 3, they the rules of conduct of the IBP. The Bar Association
will agree who will be the lead counsel. Siya ang could co-exist with the IBP.
leader2, ang mag buot. He will direct the group of
lawyers as to what remedy to take. Integrated Bar of the Philippines
The Integrated Bar of the Philippines (IBP) and this is an
The other lawyers are referred to as collaborating association sanctioned or created by law. The IBP
counsel. membership is mandatory.

House Counsel Commission on Bar Discipline


House Counsel or In-house lawyer. Corporations or This is part of the IBP. This is the committee who will
companies, they have in-house lawyers. In-house handle the administrative case against the lawyer - who
lawyers could either be... they are allowed to engage in will do the investigation. If there is a complaint against
private practice or they are strictly to do the lawyer, the same will be filed the SC and then SC will
business/service to the company. Most of the time these refer the case to the IBP and the IBP will endorse the
in-house counsels are also employees of the case to the Commission. And this commission will
corporations. They will give advice to these corporations investigate. It will answer the response of the
and companies to the conduct of the business. respondent-lawyer and will make the recommendation.
The recommendation will be forwarded to the SC and
Amicus Curiae the SC may either adopt or disagree with the
These are lawyers asked or engaged by the Court to help recommendation and make its own finding.
them resolves certain issues. These refers to a lawyer.
REGULATION ON PRACTICE OF LAW
He cannot decline if he is asked by the Court the request. Supreme Court [Art. VIII, Sec. 5(5), 1987 Constitution]
They don't receive any compensation. So pro-bono ni Promulgate rules concerning the practice and
siya. Kung sugo-un kas SC, musugot jd ka. Because the regulation of constitutional rights, pleading,
SC... the practice of law is a privilege, it's not a right. If practice and procedure in all courts, the
mu balibad pud ka, it will be taken against you. But admission to the practice of law, the integrated
usually the lawyers who will be asked by the SC, these
bar, and legal assistance to the under- client. That's why this requirement is present and this is
privileged. based on the assumption that a 21-year old is mature
person and has a sound discretion.
Nature of the Power
o Judicial in nature 4. A person of good moral character
o Judicial discretion 5. No charges against him involving moral
By virtue of this power the SC promulgated the Rules of turpitude are filed or pending in court
Court. And by virtue of the same power the SC approved 6. Possess the required educational qualifications
the CPR. The present code which governs the conduct of 7. Pass the Bar Examinations
lawyers in the practice of the profession. The regulation 8. Take the Lawyer's Oath
of the practice of law is judicial in nature and it involves 9. Sign the roll of attorneys
judicial discretion. This means that it's up to the SC
whether to suspend, disbar, or merely warn the lawyer. ....(di maklaro sa slide) TO TAKE THE PHILIPPINE BAR
Dili ka maka ingun nga naa'y grave abuse of discretion Filipino citizens who are graduates of foreign law
sa SC. SC has the discretion. schools are allowed to take the bar examinations
provided they take show the following:
PRACTICE OF LAW 1. Completion of all courses leading to the
Means any activity, in (Refers to trial lawyers. They degree of Bachelor of Laws or its equivalent
appear before the courts or quasi-judicial bodies. They degree.
handle cases for the client either they defend the client 2. Recognition or accreditation of the law school
or they prosecute for the client) or out of court (These by the proper authority.
refers to practising lawyers who prepares legal 3. Completion of all the fourth-year subjects in a
documents to clients or gives advice to clients. Naa'y law school duly recognized by the Philippine
uban lawyers nga naa sa corporate nga dili mu adto sa Government [SC Bar Matter 1153: Re: Letter
court kay dili ganahan or mahadlok. So gusto lang sila of Atty. Estelito Mendoza (2010)]
incorporation or companies i.e. drafting pleadings. Still
that is practice of law. It is practice of law because it CONTINUING REQUIREMENTS FOR THE PRACTICE OF
requires the application of legal knowledge, application LAW
of the skill of a lawyer. ), which requires the application 1. Good and regular standing
of law, legal procedure, knowledge, training, and 2. Membership in the IBP
experience. To engage in the practice of law is to - Mandatory
perform those acts which are characteristics of the 3. Payment of IBP dues
profession. Generally, to practice law is to give notice or 4. Payment of professional tax
render any kind of service which, device or service - IBP no. and PTR no. must reflect in the
requires the use in any degree of legal knowledge or pleading.
skill. (Cayetano vs Monsod, G.R. No. 100113, September 5. Compliance with the MCLE
3, 1991) - If you fail to comply with the 36 units, you
can be considered as a delinquent. Pwede
QUALIFICATIONS FOR ADMISSION TO PRACTICE OF ka ma disbar.
LAW 6. Possession of good moral character
1. Citizen of the Philippines - Absence of this will disbar or suspend
Must be present or must be complied with. Absent any you. Usually entails violation of Canon 1.
of these will disqualify you or will bar you from - A continuing requirement before the
practicing law. Bar and when you are a lawyer already

This is required because if you check Canon 1 of the CPR PURPOSES OF GOOD MORAL CHARACTER
as well as the Lawyer's Oath, it is the duty of the lawyer REQUIREMENT
to maintain allegiance to the Republic, obey its laws and 1. To protect the public;
its constitution. An alien and a foreigner cannot 2. To protect the public image of lawyers;
maintain allegiance to the Republic hence, cannot 3. To protect prospective clients; and
practice law or take the bar in the PH. He may study but 4. To protect errant lawyers from themselves.
he cannot qualify when he applies for the bar exams. If
he can acquire PH citizen, he can apply then. PERSON ENTITLED TO PRACTICE OF LAW
Persons admitted as members of the Bar and
2. Resident of the Philippines who are in good regular standing (Sec. 1, Rule
It is required because in the practice of the profession 138, Rules of Court)
the lawyer should be readily available and accessible to - If he pays the IBP dues, pays the PTR, and
the client and to the court. possess good moral character.

3. At least 21 years of age PRACTICE LIMITED TO NATURAL PERSONS


The practice requires maturity and discretion because A lawyer is burdened with peculiar duties and
you are handling a case for a client i.e. criminal case responsibilities which must be performed
which involves the liberty of the client. If sayup imong personally.
judgment, wala kay sound discretion, ma priso imung
A corporation cannot perform the conditions represent himself every pleading must
required for membership in the Bar, such as be signed by the party or counsel
possession of good moral character. representing him
While pro se practice is allowed, it may not
Limited to PH citizens and natural persons. be advisable to do so. Court proceedings
are full of technical pitfalls that may entrap
Prohibitions and Limitations on the Practice of Law a person unschooled in substantive and
Appearance of Non-lawyers in Court/Tribunal procedural law. It is said that a little
Practice of Law by Public Officials learning is a dangerous thing; and that he
who acts as his own lawyer has a fool for a
Non-lawyers in Court/Tribunal client.(if you can afford then its better to
Gen. Rule: hire one but if not, there are PAO lawyers,
Only those who are licensed to practice law can even in labor cases)
appear and handle cases in court.
(Now, as a rule, only lawyers can appear before courts 2. of a party litigant
and tribunals. However, there are exceptions to that A non-lawyer agent or friend of a party litigant
rule. So, you have there an instance where a non-lawyer may, in an MTC, MCTC, be appointed by a party
can appear before the court or other quasi-judicial litigant to conduct his litigation. The rule is
bodies) applicable not only in civil cases but also in
criminal cases where the party litigant may
Exceptions: appoint an agent or friend as private prosecutor
A party litigant (Pro Se Practice) (a layman, a under the supervision and control of the trial
non-lawyer can prosecute his/her case before public prosecutor. (please take note that
the cout without assistance of a lawyer) representation of an agent or a friend is limited
Before the MTC and in any other court (Sec. 34 only to MTC or MCTC bec proceedings in lower
Rule 138, ROC)(a person could ask a friend or a courts are simple and not complicated not like
representative who is a non-lawyer to represent RTC and above)
him in the proceedings before the MTC) The privilege to be represented by a non-lawyer
Law student Practice Rule (Rule 138-A friend or agent does not extend to
ROC)(when you complete 3rd year) representation before the RTC and higher
Before NLRC (Art. 222, Labor Code) courts court procedures are often technical
Before a Cadastral Court and may prove like snares to the ignorant or
Before the DARAB(Department of Agriculture unwary; for the protection of the parties and in
and Reform Adjudication Board) the interest of justice.
Any official or person appointed or designated
in accordance with the law to appear for the 3. Law student Practice Rule (Rule 138-A ROC)
government or any of its officials (Sec. 33, Rule Requirements:
138, ROC) Has successfully completed his 3rd year of the
regular four-year prescribed curriculum.
1. Pro Se Practice Enrolled in a recognized law schools clinical
Appearance in propria persona legal education program approved by the
appearance in court b a non-lawyer for Supreme Court.
himself without the assistance of a member
of the bar. (a person for him/herself Conditions:
appearing without the assistance of a The appearance of the law student shall be
lawyer. It is implied and recognized under under the direct supervision and control of a
the rules of court. A layperson can sign a member of the Integrated Bar of the Philippines
pleading for himself w/o a lawyer. But duly accredited by the law school; and (meaning
again, as Ive mentioned yesterday, while nay gabantay niya nga lawyer and that lawyer is
this can be done, it is not encouraged nor also accredited by the school)
advised because there are technicalities in Any and all pleadings, motions, briefs,
the practice of profession and the rules of memoranda or other papers to be filed, must
court which may result to the dismissal of be signed by the supervising attorney for and in
the case not bec the case has no merits but behalf of the legal clinic.
because of the failure of the layperson to The phrase direct supervision and control
observe the technicalities of law) requires no less than the physical presence of
Pro se practice which means a party may the supervising lawyer during the hearing.
conduct his own litigation by prosecuting or (Usually, the questions in bar exams in cases
defending in court his own case is allowed like this is: If the student appears before a case
in the Philippines. (appearance in propria and then the supervising lawyer excuses
persona) him/herself in a while and the law student is left
Section 3, Rule 7 of Rules of Court implicitly on his own to argue the case, is it allowed under
recognizes the right of an individual to this rule? SC said that it is not allowed because
there must be the presence of the supervising President, VP, Members of the Cabinet and
lawyer. The reason for this is embodied in the their deputies and assistants
Bar Matter: Chairman and members of the Constitutional
Commission
BAR MATTER NO. 730, June 13, 1997 Ombudsman and his deputies(they have to
1. To ensure that there will be no miscarriage of police and monitor public officials for the
justice as a result of incompetence or performance of their functions)
inexperience of law students, who, not having Governors, city and municipal mayors(can
as yet passed the test of professional violate Code of conduct and ethical standards
competence, are presumably not fully equipped for public officials and Code of professional
to act as counsels on their own. responsibility)
2. To provide a mechanism by which the Civil service officers or employees whose duties
accredited law school clinic may be able to require them to devote their entire time at the
protect itself from any potential vicarious disposal of the government
liability arising from some culpable action by Those who are by special law are prohibited
their law students and from engaging in the practice of their legal
3. To ensure consistency with the fundamental profession
principle that no person is allowed to practice a
particular profession without possessing the Public Officials Practice with restrictions
qualification, particularly a license, as required Senators and members of the house of
by law. representatives
o No senator or member of the house of
4. Non-Lawyers before NLRC representatives may personally appear
Non-lawyers may appear before the NLRC or as counsel:
any Labor Arbiter if: -before any court of justice or
o They represent themselves -before the Electoral Tribunals
o They represent their organization or -or quasi-judicial and other
members thereof (a union for example) administrative bodies (Art. VI
o They are duly accredited members of Sec 14 Constitution)
any legal aid office recognized by the (so they can actually receive clients,
DOJ or the IBP in cases referred to it by give advice but if hearing, they cannot
the latter appear. They can only send associates
o They are engaged in law-student in their firms. What is prohibited is
practice personal appearance)
(The first two are provided in the labor
code, the 3rd provided in the rules of Members of the Saggunian
court and the 4th provided by another o May practice their professions except
law) during session hours; provided that the
sanggunian members who are also
Practice of Law by Public Officials members of the bar shall:
Gen. Rule: -not appear as counsel before
The appointment or election of an attorney to a any court in any civil case
government office disqualifies him from wherein a local government
engaging in the private practice of law. (under: unit or any office, agency, or
instrumentality of the
Rep. Act. No 6713 Code of Conduct and government is the adverse
Ethical Standards of Public Officers(there are party.
only two conditions wherein they can practice -not appear as counsel in any
their profession) (1)unless authorized by the criminal case wherein an officer
Constitution or law; (2)provided that such or employee of the national or
practice will not conflict or tend to conflict with local government is accused of
their official duties. an offense committed in
relation to his office
Prohibition: (i) absolutely prohibited (ii) not (malversation for example
absolutely prohibited involving misuse of the city
funds. But if murder, the city
Public Officials absolutely prohibited councilor then can represent
Judges and other officials or employees of the the employee)
superior court (cannot give advice to clients nor - Not collect any fee for their
prepare a pleading or appear a case for a client) appearance in administrative
Officials/employees of the OSG(cannot take a proceedings involving the local
private case because they represent the govt) government unit of which he is
Government prosecutors an official and
- Not use property and
personnel of the government Sharia lawyers who are LLB graduates but not members
except when the sanggunian of the Bar are not allowed to practice before regular
member concerned is courts even if both parties are Muslims. (you must first
defending the interest of the pass an exam to represent a muslim in the proceeding
government(so if he will make a in sharia which is different from that of bar exam and
pleading, dili cya pwede still administered by the SC. If sharia lawyers wants to
mugamit sa bondpaper sa city practice in civil courts, they need to pass the Bar as well
hahaha, mupalit siyag iyaha) and other requirements as well as complying the 4-year
law study requirements)
Retired justice or judge
o A retired justice or judge receiving REASON: A sharia lawyer is only a special member of
pension from the government cannot the Phil. Bar, not a full-pledged one. His admission is
act as counsel in any civil case in which only to the practice of law before Sharia court. (Re:
the government or any of its Petition to allow sharia lawyers to exercise their
subdivisions or agencies is the adverse profession at the regular courts, Bar Matter No. 681, 5
party or in a criminal case wherein an August 1993)
officer of employee of the government
is accused of an offense in relation to Original Bases of Legal Ethics
his office. Canons of Professional Ethics
Supreme Court Decisions
Civil service officers or employees whose duty Statutes(other laws aside from the CPR which
does not require their entire time to be at the deals with the conduct of lawyers. So for Civil
disposal of the government(Check CS rules) Code, you have there a provision which
o No officer or employee shall engage prohibits a lawyer from acquiring a property
directly in any private business, from litigation. Another is the Attys fees. Also
vocation, or profession or be connected in the RPC, you have a provision involving
with any commercial, credit, betrayal of trust where the lawyer represents in
agricultural or industrial undertaking conflict with that of his client, then he may be,
without a written permission from the aside from administrative case against him, a
head of the Department. (Revised Civil criminal case could also be filed)
Service Rules, Rule XVIII Sec 12 Abella vs Constitution(Art 8)
Atty. Cruzabra AC No 5688 4 June 2009) Rules of Court(Law Student Practice Rule and
the IBP)
Law Professors Treaties and Publications (books and
In view of the broad definition in Cayetano vs publications of prominent authors of the
Monsod lawyers, when they teach law, are subject. Ex: Pineda)
considered engaged in the practice of law... the
fact of their being law professors is inextricably Present Basis of Philippine Legal Ethics
intertwined with the fact that they are lawyers. Code of Professional Responsibility(CPR)
(Re: Letter if UP Law Faculty 2011)(The SC
clearly declared that lawyers who are in the History and Background of the Code of Professional
faculty, who teach law, is considered as practice Responsibility
of law contrary to an earlier opinion rendered Canons of Professional Ethics of the American
by the ministry of justice. There was this Bar Association; adopted by the Philippine Bar
opinion rendered wherein lawyers who teach Association(early 90s, nangopya ratas US sa
are not considered in the practice of law. ilang canon of Prof. Ethics)
However, that opinion was superseded by the Initially drafted in 1980 by the IBP Committee
ruling in Cayetano v. Monsod as well as the on Responsibility, Discipline and Disbarment
latest ruling by the SC on the matter) Promulgated on 21 June 1988 by the SC
(CPR)(SC decisions, in deciding administrative
Hearing or proceedings wherein lawyers are cases, the SC will sight provisions of the
prohibited from appearing Canons of the Prof. Ethics or other statutes
In all katarungang pambarangay proceedings involving conduct of lawyers. So these decisions
(RA 7160, Sec. 415 see also Magno v Jacoba, AC also form part in the study of Legal Ethics)
No 6296 22 November 2005)(the only exception
is that if the lawyer is the complainant himself) Code of Professional Responsibility
Small Claims Cases (Rules of procedure of small Embodiment into one code of the various
claims cases)(if claim is not more than P200k, pertinent and subsisting rules, guideless and
you can file a case before the MTC w/o standards on the rule of conduct of lawyers
assistance of a lawyer. You will just fill up a sourced from the constitutions, rules of court,
form. The lawyer may discuss and give advice canons of professional ethics, statues, special
outside but not inside while the proceeding is laws, treaties and decisions which must be
going on)
observed all members of the bar in the exercise
of their profession whether in or out of court as
well as in their public and private lives.
Binding on all lawyers being an issuance of the
SC pursuant to its constitutional power.
(Govern lawyers in the practice of legal profession and
their private life. Binding for it is promulgated by the SC
and all lawyers are bound to follow the same. The
practice of Law is a privilege and that privilege can be
withdrawn by the SC if the lawyer violate the CPR or
lawyers oath and may result to a disciplinary action
depending to its gravity.)

CPR is divided into 4 parts:


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

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

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

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


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

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

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

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


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

Philippine Lawyer's Association vs Agrava


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

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

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


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

Alawi vs Alauya
This involves the use of name Atty

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

In granting the petition, SC considered the following:


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

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

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


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

These involve the requirement of citizenship.

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

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

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

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

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

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

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

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

Ruling: Petition is not meritorious. Because:


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

Petition dismissed.

Catu vs Rellosa

This involves a brgy captain who is also a lawyer.

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

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

Ruling: SC modified the findings of IBP.


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

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

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

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

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

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

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

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

Divided into 4 parts:


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

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

Canon 1

Duty to uphold the Constitution and the laws of the country

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

Canon 1 - Duty to uphold the Constitution and the laws


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

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

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

Canon 1 Duty to uphold the Constitution and the laws

Lawyers Oath:

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

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

The Lawyers Oath is a condensed Code of Ethics

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

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

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

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

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

Canon 1 Duty to Uphold the Constitution and the Laws

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

Rule 1.02 Duty not to counsel illegal activities

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

Rule 1.04 Duty to encourage amicable settlement

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

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

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

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

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

Instances of Gross Immorality


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

This emphasizes that grossly immoral


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

11. Seducing a woman through a promise DISBARRED


of marriage by a married lawyer

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

Rule 1.02 Duty not to counsel illegal activities

Duty to be performed within the bounds of the law


Model in the community insofar as respect for law is concerned

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

Case: Stemmerik v. Mas

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

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

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

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

Evils Spawned by Ambulance Chasing


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

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

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

Rule 1.04 Duty to encourage amicable settlement

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

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

Re: 2003 Bar Examinations

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

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

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

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

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

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

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

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

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

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


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

Barrios v. Atty. Francisco Martinez


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

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

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

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

Cases under Canon 1: Continuation

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

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

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

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

A1 Final Services vs Valerio

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

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

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

Cham vs Moya

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

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

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

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

Guarin vs Limpin

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

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

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

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

Guevarra vs Eala

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

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

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

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

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

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

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

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

SC disbarred Eala.

Figueroa vs Barranco

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

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

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

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

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

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

Advincula vs Macabata

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

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

Contention of respondent: complainant offered her cheeks;


(saba kaayo ang class sige katawa di madungog)

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

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

Ruling: SC defined what is a grossly immoral conduct.

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

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

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

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

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

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

Ventura vs Samson

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

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

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

Stemmerick vs Mas

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

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

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

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


ordered the restitution of the amount

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

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

2. Respondent lawyer violated several rules and canons of the code of professional
responsibility: Rule 1.01, Rule 1.02, Canon 7, Canons on duty of the lawyer to the client. He
violate the code because he gave counsel on the complainant on matters which are illegal
yet he gave advice to complainant to purchase a property when in fact the complainant is
not qualified/prohibited from acquiring property in the PH; moreover, he ran away with hte
money of the complainant
Respondent was disbarred and ordered to return the amount and NBI was directed to locate
him.
Case discussion advertisements in question, or any other
advertisements similar thereto.
ULEP v The Legal Clinic, Inc.
Philippine Bar Association:
Facts:
Respondents acts of holding out itself to
Petition: petition for respondent to cease the public under the name the legal clinic
and desist from issuing advertisements and soliciting employment for its
and to perpetually prohibit from making enumerated services fall within the realm
advertisements pertaining to the exercise of a practice which thus yields itself to the
of the law profession regulatory powers of the Supreme Court.
Petitioner sought the said petition since It has been held that the practice of law is
the advertisements made by respondent not limited to the conduct of cases in court,
were unethical and demeaning to the law but includes drawing of deeds,
profession. incorporation, rendering opinions, and
Respondent admits the publications but advising clients as to their legal right and
contends that it is not engaged in the then take them to an attorney and ask the
practice of law but in the rendering of latter to look after their case in court.
legal support services through paralegals Only natural persons can engage in the
and the making of such advertisements practice of law. The scheme is an odious
should be allowed. vehicle for deception, especially so when
Issue: the public cannot ventilate any grievance
for malpractice against the business
W/N the services offered by the conduct.
respondent as advertised by it constitutes
practice of law, and in either case, whether Philippine Lawyers Association:
the same can properly be the subject of the The Legal Clinic is engaged in the practice
advertisements herein complained of. of law. Its advertised services clearly and
Integrated bar of the Philippines: convincingly show that it is indeed engaged
in law practice. It offers the public its
Legal support services and legal services advisory services on persons and family
has no distinction. relations law.
The use of the name the Legal Clinic The advertisements complained of are not
gives the impression that respondent corp. only unethical, but also misleading and
Is being operated by lawyers and renders patently immoral.
legal services. Just like the term medical
clinic connotes doctors. UP Women Lawyers Circle:
The advertisements in question induce the Only lawyers are qualified to practice law.
performance of acts contrary to law, The general public should be protected
morals, public order, and public policy. from the dangers which may be brought
Respondent should be enjoined from about by advertising of legal services.
causing the publication of the
The name the Legal Clinic gives the controlling. What is important is thait is
impression lawyers are involved. engaged in the practice of law by virtue of
the nature of the services it renders which
Women Lawyers Association of the Philippines: thereby brings it within the ambit of the
statutory prohibitions against
The advertisements were clearly made to
advertisements which it has caused to be
solicit cases for the purpose of gain which
published.
is illegal against the code of CPR.
the Code of Professional Responsibility
Advertisements seems to project that
provides that a lawyer in making known his
secret marriages and divorce are possible
legal services shall use only true, honest,
in this country for a fee.
fair, dignified and objective information or
Federacion Internaitonal de Abogadas statement of facts.
He is not supposed to use or permit the
The fact that the business involves use of any false, fraudulent, misleading,
knowledge of law does not necessarily deceptive, undignified, self-laudatory or
make respondent guilty of unlawful unfair statement or claim regarding his
practice of law. qualifications or legal services.
Ruling: not all types of advertising or solicitation
are prohibited. The canons of the
Practice of Law meany any activity, in or profession enumerate exceptions to the
out of the court, which requires the rule against advertising or solicitation and
application of law, legal processes, training define the extent to which they may be
and experience. To engange in the practice undertaken. The exceptions are of two
of law is to perform those acts which are broad categories, namely, those which are
characteristics of the profession, generally, expressly allowed and those which are
to practice law is to give advice or render necessarily implied from the restrictions.
any kind of service that involves leagal Such data must not be misleading and may
knowledge or skill. include only a statement of the lawyer's
Agrees with the perceptive findings and name and the names of his professional
observations of the aforstated bar associates; addresses, telephone numbers,
associations that the activity of cable addresses; branches of law practiced;
respondent, as advertised, constitutes date and place of birth and admission to
practice of law. the bar; schools attended with dates of
the respondent gives out legal information graduation, degrees and other educational
to laymen and lawyers. It will necessarily distinction; public or quasi-public offices;
have to explain to the client the intricacies posts of honor; legal authorships; legal
of the law and advise him/her on the teaching positions; membership and offices
proper course of action to be taken as may in bar associations and committees
be provided for by said law. thereof, in legal and scientific societies and
The fact that the corporation employs legal fraternities; the fact of listings in
paralegals to carry out its services is not other reputable law lists; the names and
addresses of references; and, with their KHAN v SIMBILLO
written consent, the names of clients
regularly represented Facts:
The use of an ordinary simple professional Ms. Ma. Theresa B. Espeleta, a staff
card is also permitted. The card may member of the Public Information Office of
contain only a statement of his name, the the Supreme Court, called up the published
name of the law firm which he is telephone number and pretended to be an
connected with, address, telephone interested party.
number and special branch of law She spoke to Mrs. Simbillo, who claimed
practiced. The publication of a simple that her husband is an expert in handling
announcement of the opening of a law firm annulment cases and can guarantee a
or of changes in the partnership, court decree within four to six months,
associates, firm name or office address, provided the case will not involve
being for the convenience of the separation of property or custody of
profession, is not objectionable. He may children,
likewise have his name listed in a
telephone directory but not under a her husband charges a fee of P48,000.00,
designation of special branch of law. half of which is payable at the time of filing
of the case and the other half after a
Atty. Rogelio P. Nogales, who is the prime decision thereon has been rendered.
incorporator, major stockholder and
proprietor of The Legal Clinic, Inc. is a petitioner filed an administrative complaint
member of the Philippine Bar, he is hereby against respondent for improper
reprimanded, with a warning that a advertising and solicitation of his legal
repetition of the same or similar acts which services, in violation of Rule 2.03 and Rule
are involved in this proceeding will be dealt 3.01 of the Code of Professional
with more severely. Responsibility and Rule 138, Section 27 of
ACCORDINGLY, the Court Resolved to the Rules of Court
RESTRAIN and ENJOIN herein respondent, respondent admitted the acts imputed to
The Legal Clinic, Inc., from issuing or him, but argued that advertising and
causing the publication or dissemination of solicitation per se are not prohibited acts;
any advertisement in any form which is of
Integrated Bar of the Philippines:
the same or similar tenor and purpose as
Annexes "A" and "B" of this petition, and respondent guilty of violation of Rules 2.03
from conducting, directly or indirectly, any and 3.01 of the Code of Professional
activity, operation or transaction Responsibility and Rule 138, Section 27 of
proscribed by law or the Code of the Rules of Court, and suspended him
Professional Ethics as indicated herein. from the practice of law for one (1) year
with the warning that a repetition of
similar acts would be dealt with more
severely
Issue: business methods of advertising and
encroachment on their practice, or
W/N advertising the law profession is dealing directly with their clients.
prohibited

Ruling: While he professes repentance and begs


for the Courts indulgence, his contrition
Rule 2.03. A lawyer shall not do or permit rings hollow considering the fact that he
to be done any act designed primarily to advertised his legal services again after he
solicit legal business. pleaded for compassion and after claiming
Rule 3.01. A lawyer shall not use or permit that he had no intention to violate the
the use of any false, fraudulent, rules.
misleading, deceptive, undignified, self-
WHEREFORE, in view of the foregoing,
laudatory or unfair statement or claim
respondent RIZALINO T. SIMBILLO is found
regarding his qualifications or legal
GUILTY of violation of Rules 2.03 and 3.01
services.
of the Code of Professional Responsibility
the practice of law is not a business. It is a
and Rule 138, Section 27 of the Rules of
profession in which duty to public service,
Court. He is SUSPENDED from the practice
not money, is the primary
of law for ONE (1) YEAR effective upon
consideration. Lawyering is not primarily
receipt of this Resolution. He is likewise
meant to be a money-making venture, and
STERNLY WARNED that a repetition of the
law advocacy is not a capital that
same or similar offense will be dealt with
necessarily yields profits
more severely.
The following elements distinguish the
legal profession from a business:
Villatuya v Tabalingcos
1. A duty of public service, of which the
emolument is a by-product, and in which Facts:
one may attain the highest eminence
without making much money; This is a Complaint for disbarment
respondent for unlawful solicitation of
2. A relation as an officer of the court to cases, violation of the code or Professional
the administration of justice involving Responsibility for nonpayment of fees to
thorough sincerity, integrity and complainant, and gross immorality for
reliability; marrying two other women while
respondents first marriage was subsisting
3. A relation to clients in the highest degree
Complainant was employed by respondent
of fiduciary;
as a financial consultant to assist the latter
on technical and financial matters in the
4. A relation to colleagues at the bar
latters numerous petitions for corporate
characterized by candor, fairness, and
rehabilitation filed with different courts.
unwillingness to resort to current
Complainant claimed that they had a On the first charge complainant failed to
verbal agreement whereby he would be prove dishonesty on the part of
entitled to P 50,000 for every Stay Order respondent.
issued by the court in the cases they would On the second charge, the Commission
handle, in addition to ten percent (10%) of found respondent to have violated the rule
the fees paid by their clients. on the solicitation of client for having
Allegedly respondent set up two financial advertised his legal services and unlawfully
consultancy firms, Jesi and Jane solicited cases. It failed, though, to point
Management, Inc. and Christmel Business out exactly the specific provision he
Link, Inc., and used them as fronts to violated.
advertise his legal services and solicit cases. As for the third charge, the Commission
complainant accused respondent of found respondent to be guilty of gross
committing two counts of bigamy for immorality for violating Rules 1.01 and 7.03
having married two other women while his of the Code of Professional Responsibility
first marriage was subsisting. and Section 27 of Rule 138 of the Rules of
He submitted a Certification issued by the Court. Due to the gravity of the acts of
Office of the Civil Registrar General- respondent, the Commission
National Statistics Office (NSO) certifying recommended that he be disbarred, and
that herein respondent contracted that his name be stricken off the roll of
marriage thrice. attorneys.
Respondent asserted that complainant was
not an employee of his law firm, Issue:
Tabalingcos and Associates Law Office, but
of Jesi and Jane Management, Inc., where 1. Whether respondent violated the
the former is a major stockholder. Code of Professional Responsibility by
Respondent also alleged that there was no nonpayment of fees to complainant
verbal agreement between them regarding
2. Whether respondent violated the
the payment of fees and the sharing of
rule against unlawful solicitation, and
professional fees paid by his clients.
Respondent contended that his law firm
3. Whether respondent is guilty of gross
had an agreement with Jesi and Jane
immoral conduct for having married
Management, Inc., whereby the firm would
thrice
handle the legal aspect of the corporate
rehabilitation case.
Ruling:
Respondent did not specifically address the
allegations regarding his alleged bigamous Based on the allegations, respondent had
marriages with two other women but Lter agreed to share with complainant the legal
on said that he filed a petion for nullity of fees paid by clients that complainant
marriage. solicited for the respondent. Complainant,
however, failed to proffer convincing
IBP- CBD:
evidence to prove the existence of that respondent entered into two marriages
agreement. while the latters first marriage was still
Considering that complainants allegations subsisting
in this case had not been proven, the IBP Respondent is guilty of gross immorality
correctly dismissed the charge against under the Code.
respondent on this matter. No distinction has been made as to
whether the misconduct was committed in
A review of the records reveals that the lawyers professional capacity or in his
respondent indeed used the business private life. This is because a lawyer may
entities mentioned in the report to solicit not divide his personality so as to be an
clients and to advertise his legal services, attorney at one time and a mere citizen at
purporting to be specialized in corporate another.
rehabilitation cases. Based on the facts of His acts of committing bigamy twice
the case, he violated Rule 2.03 of the Code, constituted grossly immoral conduct and
which prohibits lawyers from soliciting are grounds for disbarment under Section
cases for the purpose of profit. 27, Rule 138 of the Revised Rules of Court
A lawyer is not prohibited from engaging in WHEREFORE, this Court resolves the
business or other lawful occupation. following charges against Atty. Bede S.
Impropriety arises, though, when the Tabalingcos as follows:
business is of such a nature or is conducted
in such a manner as to be inconsistent with 1. The charge of dishonesty is
the lawyers duties as a member of the bar. DISMISSED for lack of merit.
This inconsistency arises when the business
is one that can readily lend itself to the 2. Respondent is REPRIMANDED for acts
procurement of professional employment of illegal advertisement and solicitation.
for the lawyer.
This circumvention is considered 3. Atty. Bede S. Tabalingcos is
objectionable and violates the Code, DISBARRED for engaging in bigamy, a
because the letter is signed by respondent grossly immoral conduct.
as President of Jesi & Jane Management,
Inc., and not as partner or associate of a
law firm.
BR Sebastian Enterprises v CA
Rule 15.08 of the Code mandates that the
lawyer is mandated to inform the client
Facts:
whether the former is acting as a lawyer or
in another capacity.
This is a petition for prohibition
, we affirm the recommendation to
and mandamus, with prayer for
reprimand the latter for violating Rules
preliminary injunction, to review the
2.03 and 15.08 of the Code.
Resolution of respondent Court of Appeals
In this case, complainant submitted NSO- in denying petitioner's motion to reinstate
certified true copies to prove that
its appeal, earlier dismissed for failure to furthermore, Atty. Rodolfo Espiritu, the
file the Appellant's Brief. lawyer who handled this case in the trial
Eulogio B. Reyes, now deceased, filed an court and who is believed to have also
action for damages with the then Court of attended to the preparation of the
First Instance (now Regional Trial Court) of Appellant's Brief but failed to submit it
Rizal, Pasay City Branch. through oversight and inadvertence, had
the trial court rendered a decision finding also left the firm.
petitioner liable for damages but absolving respondent Court denied the motion for
the other defendants. reconsideration,
Petitioner, thru its counsel, the law firm of No action having been taken by petitioner
Baizas, Alberto and Associates, timely from the above Resolution within the
appealed the adverse decision to the period to file a petition for review.
respondent Court of Appeals. Trial court issued a writ of execution. But
the plaintiff-appellee therein, Eulogio B. on November 1975, petitioner filed with
Reyes, died. Upon prior leave of the Court of Appeals a Motion to Reinstate
respondent Court, he was substituted by Appeal with Prayer for Issuance of a Writ of
his heirs. Preliminary Injunction but was
petitioner, thru its then counsel of record, subsequently denied.
received notice to file Appellant's Brief Petitioner filed prohibition and mandamus,
within 45 days from receipt thereof. with prayer for preliminary injunction with
Counsel for petitioner failed to file the the Supreme Court to Court of Appeals
Brief. Respondent Court issued a denial of petitioners motion.
Resolution requiring said counsel to show SC required them to comment and soon
cause why the appeal should not be after, some amendments were made.
dismissed for failure to file the Appellant's Ultimately, the petition was denied.
Brief within the reglementary period. But on May 1976, petitioner filed a motion
Counsel failed to comply with the said for its reconsideration claiming that since it
resolution. was deprived of the right to appeal without
respondent Court issued another fault on its part, the petition should be
Resolution this time dismissing petitioner's given due course.
appeal. Supreme Court reconsidered and required
petitioner, this time thru the BAIZAS LAW both parties to submit simultaneously their
OFFICE, filed a motion for respective Memoranda.
reconsideration of the resolution
dismissing its appeal alleging that the Issue:
failure to comply with the appellants brief
and the resolutions was due to the death Whether or not the respondent Court of
of Atty. Crispin Baizas, senior partner in the Appeals gravely abused its discretion in denying
law firm of BAIZAS, ALBERTO & petitioners motion to reinstate its appeal,
ASSOCIATES. previously dismissed for failure to file the
Appellants Brief
Ruling: Ppt and discussion

In the instant case, no fraud is involved; Canon 4 Duty to support the improvement of
what obtain is simple negligence on the the legal system
part of petitioner's counsel, which is
Lawyers as officers of the court must
neither excusable nor unavoidable. assist in the administration of justice.
Petitioner thus failed to demonstrate
sufficient cause to warrant a favorable As lawyers one of the characteristics of the legal
action on its plea. profession is that you are also an officer of the
Petitioner's counsel was the law firm of court. So aside from being an advocate for the
client, you are also an advocate of the court.
BAIZAS, ALBERTO & ASSOCIATES and not
merely Atty. Crispin Baizas. Hence, the Being an officer of the court, it is also your duty
death of the latter did not extinguish the to help the court in the dispensation of justice
lawyer-client relationship between said and to help the court on what measures to take
firm and petitioner. to improve the justice system.
Undoubtedly, there was inexcusable
So concrete examples on how a lawyer can help
negligence on the part of petitioner's
the court on the improvement of the legal
counsel in failing to file the Appellant's sytem is to participate in the public forums that
Brief. As revealed by the records, the supreme court will conduct on the changes
petitioner's counsel, the BAIZAS ALBERTO that it will introduce on the rules of court.
& ASSOCIATES law firm, received the notice
to file Brief on 19 February 1974. It failed In fact 2 or 3 years ago, the supreme court
to do so within the 45 days granted to it. conducted a public forum on different venues
concerning the proposed changes in the rules of
The "confusion" in the office of the law
court. Remedial law.
firm following the death of Atty. Crispin
Baizas is not a valid justification for its There is now pending proposed revisions in the
failure to file the Brief. With Baizas' death, rules of court. With these proposed changes in
the responsibility of Atty. Alberto and the rules of court, what lawyers can do is to
his Associates to the petitioner as counsel participate in this open forum snd contribute on
the propsed changes. It is important to all
remained until withdrawal by the former of
practicing lawyers to participate in the open
their appearance in the manner provided forums to give their ideas. In that regard they
by the Rules of Court are helping the court.
The rule is settled that negligence of
counsel binds the client. Another on is joining legal aid programs of the
The client should have taken steps to IBP and giving pro bono services to those who
cannot afford the services of a lawyer.
protect your claims, follow up the firm as
to what the firm will do with respect to the Example for violating canon 4 or not assisting in
case. the administration of justice is when a lawyer
WHEREFORE, the Petition is hereby files dilatory pleadings or asking several
DISMISSED and the temporary restraining postponements to the case unya sige pangayo
order issued in this case is lifted. ug attorneys fee.
Dahgan ug backloge na cases thats why the Because if he keeps updated then the law as a
court encourages mediationproceedings to be profession then the output there will be a
able to come up with compromised agreements quality in the output and that will raise the
or amicable settlement.
standard of the legal practice

THIRD, he owes it to the lay public to make the


Canon 5 Duty to keep abreast of legal law a part of their social consciousness.
developments To inform also the client the law with respect to
your claim, because your client might be basing
on an old law. So it is your duty to inform that
Lawyers must update themselves with this is now the new law and that this are his
the law and must participate in the rights in this new law.
dissemination thereof.
Judges must also keep abreast of the In that regard with respect to canon 5, we now
laws, rulings and doctrines of the have this MCLE.
Supreme Court.
MANDATORY CONTINUING LEGAL EDUCATION
Canon 5 means duty to know the latest cases (MCLE)
decided by the supreme court, laws passed by
the congress and rules and regulations
promulgated by government agencies.
B.M. No. 850 - August 22, 2000
So when you become lawyers later on, it does
not mean you will no longer study. You really
have to update yourselves because the SC will This was promulgated in 2000 so before that
issue from time to time new rulings and there was no MCLE. So new pa ni siya
congress will also pass new laws or amend the
existing ones. For the benefit of the client so Who are required to comply with the MCLE
you will effectively represent the client so that requirement?
he will not site old jurisprudence that has been
abrogated by the supreme court.

MCLE is required of the members of the


Three-fold obligation of a lawyer concerning Integrated Bar of the Philippines (IBP),
the requirement of continuing legal education unless exempted.

All members f the bar are required as a rule. But


there are those who are exempted. If you
FIRST, he owes it to himself to continue notice those who are exempted are mostly also
improving his knowledge of the law. those prohibited to practice the profession.

What is the purpose of MCLE?


SECOND, he owes it to his profession to take an
To ensure that throughout their career,
active interest in the maintenance of high
standards of legal education.
1. Lawyers keep abreast with law Once you complete the MCLE , you will be given
and jurisprudence the MCLE compliance certificate. Diri gipakita ni
To keep lawyers updated with sir ang iya certificate. What is important is the
the latest laws and
compliance number because it will be indicated
jurisprudence.
2. Maintain the ethics of the in your pleadings. There is also date of the
profession issue. 3-4 weeks pa siya makuha .
One of the subjects of MCLE is
legal ethics, to remind lawyers Who are exempted?
to always obey and follow or
Section 1, Rule 7: Parties exempted from the
otherwise corresponding
sanctions against the lawyer. MCLE
3. Enhance the standards of the
practice of law (Section 1, Rule
1)
1. President, VP, the Secretaries and
So if lawyers are equipped in
Undersecretaries of executive
the attest laws and
departments.
jurisprudence then there will be
2. Senators and Members of the House of
good pleadings filed or good
Representatives
arguments raised by the
3. The Chief Justice and Associate Justices
lawyers. It will also help the
of the Supreme Court, incumbent and
reputation of the profession.
retired members of the judiciary,
incumbent members of the JBC,
incumbents members of the MCLE
What is the requirement of completion of
Committee, incumbent court lawyers
MCLE?
who have availed of the PhilJA program
of the continuing legal education
4. The Chief State Counsel, Chief State
Members of the IBP shall complete, Prosecutor and Assistant Secretaries of
every 3 years, at least 36 hours of the DOJ
continuing legal education activities 5. The Solicitor General and the Assistant
(Section 2, Rule 2) Solicitor General
36 hours is equivalent to 36 units so 1 hour= 1 6. The Government Corporate Counsel,
Deputy and Assistant Government
unit.
Corporate Council
7. The Chairman and Members of the
An example of an MCLE seminar, so you have 36
Constitutional Commission
hours or units usually 4 days. Nay bayad dili
8. The Ombudsman, the Overall Deputy
free.so it is the income of the IBP. So you have Ombudsman, the Deputy Ombudsmen
there the topics and corresponding speaker and and the Special Prosecutor of the Office
the corresponding unit you can earn. of the Ombudsman
9. Heads of the government agencies
In attending this seminar, the MCLE monitor is exercising quasi-judicial functions
very strict with attendance so dont be late 10. Incumbent deans, bar reviewers and
because if you are late for 15 minutes you need professors of law who have teaching
to retake the one hour. experience for at least 10 years in
accredited law school
11. The Chancellor, Vice- Chancellor and Applications for exemption from or
members of the Corps of Professors and modification of the MCLE requirement
Professional Lectures of the PhilJA shall be under oath and supported by
12. Governors and Mayors documents
These are the people who are exempted from
the MCLE. You will also be given a certificate of
exemption. Gipakita na sad ni sir iya certificate. Section 1, Rule 12 What constitutes non-
But we are still required to attend the seminar compliance
of PhilJA. After the seminar you will issued this
certificate of exemption.
A. Failure to complete the education
If you are a public official who can practice law requirement within the compliance
with restrictions then in your pleading you will period
indicate the MCLE excemption number. The B. Failure to provide attestation of
number is only good for three years. compliance or exemption
C. Failure to provide satisfactory evidence
Section 2, Rule 7: Other parties exempted from of the compliance (including evidence
the MCLE of exempt status) within the prescribed
period.
D. Failure to satisfy the education
requirement and furnish evidence of
Those who are not in law practice, such compliance within 60 days from
private or public. receipt of a non-compliance notice
Those who have retired from law E. Failure to pay non-compliance fee
practice with the approval of the IBP within the prescribed period
Board of Governors. F. Any other act or omission analogous to
any of the foregoing or intended to
circumvent or evade compliance with
Section 3, Rule 7: Good cause for exemption or the MCLE requirements.
modification of requirement

Rule 13: Consequences of Non-Compliance

A member may file a verified request


setting forth good cause for exemption
from compliance with or modification Section 1 Non- Compliance Fee
of any of the requirements, including an Section 2 Listing as Delinquent Member
extension of time for compliance, in Section 3 Accrual of Membership fee
accordance with the procedure to be
established by the MCLE Committee.
A lwayer may request excemtion from MCLE for B.M. No. 1922 (3 June 2008) Re Number and
example if it is due to health reasons or they are Date of MCLE Certificate of
experts. Completion/Exemption Required in all
Pleadings/Motions.
Section 5, Rule 7 Proof of Exemption
As of 1 January 2009 all lawyers are MCLE Governing Board Order No. 1, s.
required to indicate in all pleadings filed 2008, provides:
before the courts or quasi-judicial . . . lawyers who pass the Bar when
bodies the NUMBER & the DATE OF only four (4) months or less remain of
ISSUE of their MCLE Certificate of the compliance period, are exempted
Compliance or Certificate of Exemption from complying with the MCLE
for the immediately preceding requirement for the said compliance
compliance period. period. They shall comply with the
MCLE requirements for the next
compliance period. However, lawyers
Failure to disclose the required information who are admitted to the Bar either one
would cause the dismissal of the case and the year after the start of the said
expunction of the pleadings from the records compliance period, are required to
comply with thr MCLE requirements in
Amended by the supreme court recently in accordance with the MCLE Governing
2014, DTR (or DTI dili ko sure) number, IBP, Board resolution dated October 20,
MCLE number and Roll of attorneys number kay 2004
maoy Makita sa imo pleading.
What are the MCLE Compliance Periods?
MCLE

1st Compliance Period April 15, 2001 up


OCA Circular No. 79- 2014 (May 16, 2014)
to April 14, 2004
2ndCompliance Period April 15, 2004 up
to April 14, 2007
Failure to disclose: penalty and 3rdCompliance Period April 15, 2007 up
disciplinary action to April 14, 2010
Fine: 2k (1st), 3k (2nd), 4k (3rd); and 4thCompliance Period April 15, 2010 up
Listed as delinquent member; and to April 14, 2013
Discharged from the case and the 5thCompliance Period April 15, 2013 up
client allowed to secure the to April 14, 2016
services of a new counsel with the
concomitant right to demand the The pleadings now must indicate the 5th
return of the fees already paid to compliance since the it has already ended.
the non-compliant lawyer

Discretion of the supreme court to list the


lawyer as a delinquent member. Pwede fine and
list as a delinquent member or fine ra.

Since the case is dismissed, the client can


recover the fees he has paid to the lawyer.

What is the rule on the new bar passers?


disclose the required information of the
LEGAL ETHICS Jan 3 pleading will result to the dismissal of the
case and the expulsion of the pleading to
One case there is the case of Arnado vs the records. That was the rule before. But
Adaza, based on the facts of the case he right now, under Loc. No. 79-2014, there is
indicated in his pleadings and filed in the an imposed penalty, which may include the
court an exemption to comply with the fine and as well as the discharged of the
MCLE requirements. So the opposing lawyer from the case and the ----- on the
lawyer, Atty. Arnado asserted the part of the client to hire another lawyer and
certification and in that it was stated that his to ask for reimbursement from the attorney
application for exemption was denied. concerned.
Adanza filed his exemption stating that he
was a lawyer for 50 years, that he was the So in the case of noble vs ailes, again this
lawyer of Cory Aquio, the counsel of Sen. involves a case about a lawyer to indicate in
Hunasan among others and he has written his pleadings the appropriated MCLE
books. So these are his claims to support compliance number for the corresponding
the allegations that he was an expert of law. compliance period. The respondent lawyer
is faced with gross allegation that in his
Unfortunately, his petition was denied for pleading, he stated therein the preceding
failure to support his claim as an expert of compliance period and not the applicable
law. So he filed for exemption only after the compliance period. And the case is
last of compliance period. Only the 1st and interesting because this involves the
2nd compliance period did he file for the complaintants to be the brother of the
exemption and he did not file any request respondents lawyer. So igsuon ngaway.
for the 3rd and 4th conplicance period. He
claimed that the lawyer who intented to In his comment to the complaint, there was
harass him was the controlling office, that it the claim that failure to indicate the MCLE
was controlled by the government and was compliance number is a ground for
form of a harassment complaint. disbarment. He contended that his mistake
will only result for him to be a delinquent
But in the investigation, it was proven that member and not a ground for disbarment.
he indeed failed the application for Just the finding of the investigating
exemption and only filed on the 1st and 2nd commissioner, he dismissed the complaint.
compliance period. Because of that he was But when the issue reached the supreme
declared as a delinquent member ofthe court, the SC agreed with the findings of the
MCLE committee and was suspended for 6 IBP that it was not a ground for disbarment
months until he has completed the of suspension. However the respondent
requirement. And also required to pay the lawyer was still admonished by the SC for
non-compliance fee of 1000 the use of abusive language. So what
happened was, the respondent lawyer
So in this case the supreme court
texted his brother and said you should
emphasized the importance to disclose
dismiss the case because your lawyer
information so that it will not jeopardize the
needs polpol, bogo sya. Ilisi na kay dako
interests of the client. Under bar matter
imo gasto ana and the complainant lawyer
1922, failure on the part of the lawyer to
happen to read that, but in the defense of
the respondents he said that it was a text from the punishment of the law and
between brothers, its supposed to be no innocent person also be
private. imprisoned for an act he didnt
commit and for the fiscal to move for
The SC agreed that the messages were the dismissal of the case when there
private, but the tenor of the communication are no evidences presented to
should not be however violated the CPR. support the conviction of the
Though its private, he violated the CPR. In accused.
his messages, he employed abusive
language. He violated Can. 7 and 8. Rule 6.02 Duty not to use his
public position to promote or
Right now, lawyers comply with the MCLE advance private interest
otherwise they will have to pay the fine of
2000 or 3000 depending whether its the first Duty to prioritize duty to the public
commission of the act. The MCLE is and not their private interests.
designed to ensure for the lawyers to be
updated with the jurisprudence, laws and Rule 6.03 Restrictions against
enhance and uplift the standard of the government lawyers who left the
profession and maintain the ethics of the service
profession. One fo the MCLE subjects is
ethics where you have there recent cases Refers to conflict of interest,
decided by the supreme court on ethics. To pertaining to former govt lawyers
remind lawyers to be always faithful to CPR when they appear before these govt
and always observe his 4-fold duties, to agencies.
society, to bar, to court, to client.

The reason why the CPR is applicable to


The Lawyer and Society govt lawyers is because that they remain
Canon 6. The Canons apply to lawyers their duties to the court, to the bar, to the
in government service society and to the client. They still have
these duties.
Stresses the fact that the CPR also
applies to lawyers in government If govt lawyers commit in the performance of
service. Not only to the private their duties as govt lawyers, they should not
practitioners. As we discuss before, be subject to suspension or disbarment.
there are lawyers in govt service Thats the rule. Because they are governed
absolutely prohibited in the practice of by different law on govt officials, one of
law. The CPR still applies to these which is code of ethical conduct of public
lawyers. officials and employees. But you have the
exemption, if the conduct was done and it
Rule 6.01 Duty to see to it that shows that he no longer show the
justice is done requirements expected of him to possess in
order to continue to practice is the
Refers to the fiscals. Duty to make possession of good moral character.
sure no guilty person will escape
Continuing requirements: payment of IBP obligations A lawyer in public
dues, MCLE requirements, among others. service is a keeper of public faith
and is burdened with a high degree
If he does not show that he posses the of social responsibility, perhaps
continuing requirements, he shall also be higher than his brethren in private
subjected to proceeding under the CPR. practice.(Vitriolo vs Dasig, 400
They could also be suspended and SCRA 172[2003])
disbarred. Aside from the administrative
liability. So pwede mgdungan, he can be Code of Conduct.
suspended from the govt service and be All public officials and employees,
suspended/disbarred for violating CPR. whether lawyers or non-lawyers
Pwede dungan or separate. governed by this Code.
Provides the standards of personal
Lawyers in the govt service are expected to
conduct in the discharge and
be more vigilant in the practice of public
execution of official duties.
service, because it involves public trust.
Like private lawyers, govt lawyers also need
to earn the trust of their client, because if RULE 6.01 Duty to see to it that justice
they cannot do so, they did not only lose the is done
trust of the client but also the public and
would result to indignation of the profession. Fiscal- by the state

Accused (If cannot afford the services of a


Canon 6 mandates the lawyer. (bes lawyer) PAO
sorry talaga I tried my best to decipher
unsay naa sa slide pero di jd maklaro Accused (Maka-afford) Private prosecutor
huhu) but still under the supervision of a fiscal. But
Rationale: A lawyer does not shedhis before he could practice, he should secure
professional obligation upon his assuming from the public pros. office authority to
public office prosecute because its the law of the state
that in prosecution there must be a fiscal
Rule: May not be disciplined as a member and the state is interested if the accused is
of the Bar for the misconduct in the found guilty if convicted.
discharge of his official duties
Exception: If the misconduct of a But under legal ethics, the fiscal still has to
government official is in such a character be present in the proceedings to make sure
as to affect his qualification as a lawyer or that the private prosecutor does not only
to show moral delinquency make sure to do the wishes of his client.
The fiscal supervises the private prosecutor
.. (title ni sya bes) and moves the dismissal of the case if the
Lawyers in government are public evidences do not prove the accused guilty.
servants who owe the utmost fidelity
Public Prosecutor a quasi-judicial
to the public service. Thus,they have
officer and as such, he should seek
to be more sensitive in the
equal and impartial justice. He
performance of their professional
should be concerned with seeing information learned on his official capacity
that no innocent man suffers as in or to prevent the appearance of impropriety
seeing that no guilty man escapes.
Public Prosecutor is under no Government lawyers who have actively
compulsion to file a particular intervened in matters before such
criminal information where he is not government office. PCGG vs
convinced that he has evidence to Sandiganbayan.
prep/prop(?) up the averments
thereof, or that the evidence at hand Prohibition of government lawyers to appear
points to a different conclusion. to government office within 1 year after
(People vs Pineda 20 SCRA resignation / retirement. Rule 6713. But
748[1967]) under 6.03, there is no time limit.

RULE 6.02 Duty not to use his public Ramos vs Imbang, involves a PAO lawyer.
position to promote or advance private Atty. Imbang accepted attys fees from Mrs.
interest Ramos. Because ramos wanted to file civil
cases against spouses civillanos(?). Imbang
Government lawyers should not use his represented to the client that he attended to
position to advance his own private the hearings of the cases that he filed on
interests. He is there to serve the public. If behalf of the client. When the client wanted
he do so, he is subject to disciplinary action. to attend the hearing, gipahuwat nyas
The act of bribing is covered under this rule. gawas. After the supposed hearing, iya
ingnon nga the hearing was postponed and
Applies to (1) lawyers in government was rescheduled. Sige nman ug ka
service allowed by law to engage in postponed, so the client suspected and
private practice consand (2) those learned that atty imbang didnt file the case
who, though prohibited from and he was from PAO.
engaging in the practice of law, have
friends, former associates and Because of that Mrs. Ramos filed a case for
relatives who are in the practice of disbarment for atty imbang. Imabng knew
law. that he was from PAO, he also admitted that
Promotion of interest provides he accepted the money from complainant
selectionof anything of amounting to 5000. In the investigation, it
necessary value..requiring the was found out that the lawyer violated
approval of his office or which may several canons, namely 6 and 18.
be affected by the functions of his
office Di sya pwede mangayo ug attys fees
actually, and di dapat mo handle ug case
RULE 6.03 - Restrictions against because it was showed that he accepted
government lawyers who left the service the case while he was still under PAO.

Violation of Restriction Tantamount to


Rationale: To avoid conflict of interest, to representing conflicting interests
preclude the lawyer from using secrets or
R.A. 1019(?) disbarment case against the lawyer. In
Accepting or having any member of his defense the lawyer said that wa niya
his family accept employment in a ang kwarta, naa ni atty. Mendoza.
private enterprise which has pending Another lawyer who is handling the
official business with him during the processing of the visa for the
pendency thereof or within one year complainants. But unfortunately namatay
after its termination. na siya. The SC did not believe the claim
of the respondent lawyer. They took into
(b) Outside employment and other account the letters issued by the lawyer
activities related and employees where he acknowledge the acceptance of
during their incumbency shall not: the amount and promised the recovery of
the amount. In fact he issued post-dated
1) Own, control, manage or accept checks. These were the evidences the
employment as counsel, broker, SC based their decision. It is undisputed
agent supervised or licensed by their that the lawyer used his position in the
office unless expressly allowed by law govt to take advantage of the situation of
the complainant. He was disbarred and
2) Engage in the private practice of their
was ordered to reimburse the clients.
profession unless mentioned(?) in the
There were also case to proceed with
constitution or law, provided that such
criminal case against the lawyer.
practice will not conflict or .. with their
official functions, or

3) Recommend any person to any ..


or pending official transaction with their
office

These prohibitions shall continue to


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

And then finally you have the case of


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

THE LAWYER AND THE LEGAL PROFESSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

- This mainly pertains to lawyers

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

- Cases under this is Santos v. Llamas

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

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

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

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

SANTOS V. LLAMAS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

IN RE: GALANG

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

- This involves Canon 1 and Canon 7

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

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

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

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

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

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

- The complainant here also wanted to have his notebook rechecked

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

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

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

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

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

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

- Now these properties were not indicated in his SALN

- Question is diin siya ug kwarta. Nagduda ang SC

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

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

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

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

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

IN RE: ARTHUR CUEVAS

- This involves initiation

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

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

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

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

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

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

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

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

- Cuevas was allowed on the following consideration:

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

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

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

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

IN RE: MELING

- This involves a member of the Shari'a Bar

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

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

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

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

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

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

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

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

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

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

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

--------

Canon 8 Duty of Professional Courtesy

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

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

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

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

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

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

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

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

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

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

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

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

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

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

- Ayaw kawata ang client sa uban lawyer


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

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

End.
M Legal Ethics Jan 12 (ppt + transcript) document so was yay labot ato nga
document so how could he falsified
BARANDON, JR. VS FERRER such document.
It involves a respondent lawyer in- As to the claim that there was no
charge with having to hurled inflictive incident of shouting for the hearing, it
against complainant-lawyer was found out that there was indeed
It was alleged that the respondent- the shouting incident between the
lawyer filed a baseless suit/case against complainant and respondent. And that
the respondent-lawyer(?) So in fact there were witnesses to that
complainant who is also a lawyer said incident and these witnesses executed
that in the pleadings filed by the affidavits which the complainant
respondent-lawyer in a separate case, attached to his complaint for
the respondent-lawyer imputed against suspension/disbarment.
the respondent-lawyer and that the So apparently, the respondent-lawyer
respondent-lawyer falsified a document uttered those insulting remarks against
and another charge was that the the complainant before the hearing of
respondent-lawyer allegedly insulted that case apparently he was drunk.
and shouted at the complainant during Mura syag hubog at the time nga nag
the start of the hearing of a case. syagit-syagit sya wala na bang
Because of the actuations of the magaling na abogado dito sa
respondent, the complainant filed a Camarines Sur? I-imagine lng naa ka sa
complaint for disbarment/suspension court ng shout2 witnessed by several
against the respondent. In his defense, individuals.
the respondent Atty. Ferrer alleged that Because of that abusive language and
as to the falsification, he said that in filing of baseless suit against a
fact the offended party in that colleague in the profession, the
falsification case attested and claimed respondent was suspended from the
that the document is falsified. And as to practice of law for 1 year. So he used
the charge that he shouted and insulted abusive and improper language.
the complainant before the hearing, he
said that his attention was not called by ALCANTARA VS PEFIANCO
the Court in that proceeding. So when This pertains another fight/quarrel
the issue reached the IBP, the IBP had between lawyers. So the complainant
an investigation and found out that the Atty. Alcantara is the head of PAO.
claim of falsification allegedly While Pefianco happened to be in that
committed by the respondent is office at the time of incident.
unfounded because the document that Atty. Pefianco in the PAO witnessed
the respondent-lawyer falsified, it was that there was this lady who
made during the time the respondent approached Atty. Salvani and this lady
was not yet a lawyer. In fact, the was crying. This lady asked Atty. Salvani
respondent is not a party to that for the settlement of the civil aspect of
the criminal case so the husband of that and the wife of the victim in that
lady was murdered and this widow criminal case, but the way he expressed
asked for resettlement. Upon hearing himself by insulting a colleague is
this (si Atty Pefianco murag naki- violative of a provision of Canon 8 from
chismis), Atty. Pefianco intervened and the Code of Professional Responsibility.
shouted at Atty. Salvani saying that So under Canon 8, it is the duty of
you should have your client lawyers not to use abusive and
imprisoned (ang iya client kay ang insulting language against a colleague
akusado/ang nipatay) in the profession. In fact, it is the duty
Because of that, being the head of PAO, to uphold respect to his co-lawyers and
Atty. Alcantara asked Atty. Pefianco to this, Atty. Pefianco failed to do. So for
get out of the office and asked one of that he was fined for an amount of
the staff to put up a sign that anyone P1000 and reprimanded.
who has no transaction in the office So if you notice for violations under this
should stay out of the office. Atty. Canon, gamay lang ang penalty sa SC.
Pefianco went out but later on this Atty. Suspension for 6 months or fine or
Pefianco when he chanced upon Atty. reprimand. Unlike violations under
Alcantara, shouted at Atty. Alcantara Canon 1 or grossly immoral conduct,
and he called Atty. Alcantara stupid, disbarment deretso. In fact, for
gago ka. The allegation on the part of soliciations of illegal baseless(?) gamay
the complainant-lawyer was that the ra kaayo, suspension lang. But
respondent tried to at many instance nonetheless you have the penalty and if
padung sumbagon but there were those you commit this misconduct, the next
who were able to stop the respondent time you commit this kind of
from punching the complainant. misconduct then the SC will penalize
Because of the actuations of you severely. So might as well avoid and
respondent, a complaint for be careful with the language that you
suspension/disbarment was filed by will employ in you oral arguments, in
Atty. Alcantara against the respondent your pleadings and as well as in your
and it was found out that the dealings with your co-lawyers.
allegations of the complainant were
substantiated by the affidavits of those LIKONG VS LIM
who witnessed the incident so nay mga This involves the encroachment of
guards didto gikuha as witness saying professional employment by one lawyer
that indeed respondent-lawyer shouted on the client of another lawyer.
at Atty. Alcantara and in fact, tried to The complainant in this case Likong
punch but nakalihay lang. obtained a loan from Yap. And this Yap
The SC noted that while Atty. Pefianco was represented by Atty. Lim. From
may have good intentions in that loan transaction, the complainant
intervening that conversation between executed a promissory note in favor of
Atty. Salvani (counsel for the accused) Yap the client of Atty. Lim and in
addition to the promissory note, the there was already a stipulation on the
complainant likewise executed a deed payment of interest. In fact, in the
of assignment as well as SPA. original loan obligation, there was no
Deed of assignment for assignment of stipulation as to the payment of
her checks that she will receive from interest. The provisions therein are in
the US presenting the pension of her favor of the creditor si Yap. So she filed
husband. So those checks she assigned a complaint for disbarment against
to Yap (ang giutangan). Atty. Lim.
In order for Yap to be able to get those In his defense, Atty. Lim said that the
checks from the post office, she complainant was abandoned by her
executed a SPA authorizing Yap to get lawyers. But the complainant said in her
those checks. Thats a way of payment answer to the Reply of Atty. Lim is that
of the loan she contracted. I was not abandoned by my lawyers.
Later on, the complainant changed her My lawyers were not furnished copies
mind and revoked the SPA. So if wala na of the pleadings, copies of the
to ang SPA, Yap could no longer get compromised agreement. Thats why
those checks. Because of that, Yap filed they were not able to participate in the
a case in court asking the court to stop finalization of those documents.
complainant Likong from voiding and In the investigation it was discovered
notifying the SPA and allow her to that indeed the respondent-lawyer
continue receiving and getting those excluded the lawyers of the
checks. complainant in the execution of the
In that proceeding, the parties compromised agreement. Under Canon
appeared to have come to a 8, the rule is that if the party is
compromised agreement. They filed a represented by a lawyer or if she has a
joint motion to withdraw the checks retained counsel, any negotiations as
and in the pleading, the complainant to the compromise in her case should
and creditor Yap signed assisted by be done with that party assisted with
Atty. Lim counsel of Yap. Later on her lawyer/s.
there was a compromise agreement In this case, the negotiation was done
again it was executed and prepared by between the complainant and the
the parties complainant and Yap creditor assisted by the lawyer of the
assisted again by Atty. Lim but creditor ONLY. And this lawyer of the
complainant Likong already engaged creditor appears to be acting for and in
her lawyers but her lawyers were behalf of the complainant and the
deemed excluded in the preparation of creditor. And SC said, evidently, Atty.
the agreements. Lim favored his client as shown in the
Later on, the complainant questioned advantageous provisions as found in the
the compromise because the provisions compromise agreement. So SC also
therein are grossly disadvantageous to found there was conflict of interest on
her. In that compromise agreement also the part of the respondent-lawyer.
So for violation of Canon 8 and as well Rule 9.01 Duty not to delegate legal
as other provisions in the CPR, the work to unqualified persons
respondent-lawyer was suspended for Public policy requires that practice of
1 year. Panagsa ra kaayo na mulapas ug law be limited only to those individuals
1 year, wala kaayoy disbarment in this found duly qualified in education and
kind of case. character
Rationale: to protect the public, the
court, the client, and the bar from the
CANON 9: The last canon under the duties of a
incompetence or dishonesty of those
lawyer to the colleagues in the profession
unlicensed to practice law and not
Canon 9 Duty to Shun Unauthorized Practice subject to the disciplinary control of
of Law the court
Why? Because non-lawyers are not subject
Rule 9.01 Duty not to delegate legal to suspension/disbarment. The most that
work to unqualified persons the SC could do is to cite them for contempt
Rule 9.02 Duty not to divide legal fees in court but panagsa ra kaayo.

with non-lawyers
CAMBALIZA VS CRISTOBAL-TENORIO
As to the reason of this Canon, grounded on
Husband was not penalized for the
public policy and for the protection of the public
unauthorized practice of law, only the
so as to shield the public, the court and lawyers
wife. The husband was included in the
in the profession from the incompetency and
law office because according to the
dishonesty of those who are not qualified to
wife, the husband has an investment(?)
practice the profession.
But the husband was not penalized by
What is the rationale behind the prohibition the SC for the unauthorized practice of
against the practice of law by a layman? law because the SC cannot
suspend/disbar these persons.
It is grounded in the need of the public
for integrity and competence of those Assuming to be an attorney or an
who undertake to render legal services. officer of the court, and acting as such
Because of the fiduciary and personal without authority = indirect contempt =
character of the lawyer-client fine, or imprisonment, or both (Sections
relationship and the inherently complex 3&7, Rule 71, Rules of Court).
nature of our legal system, the public For these none-lawyers could be cited
can better be assured of the requisite for contempt and the penalty could be
responsibility and competence if the fine or imprisonment or both upon the
discretion of the court.
practice of law is confined to those who
are subject to the requirements and Corruptly or willfully appearing as an
regulations imposed upon members of attorney for a party to a case without
the legal profession (Report of IBP authority to do so = suspension or
Committee, p.46; ABA, Code of disbarment (Sec 27, Rule 138, Rules of
Professional Responsibility, p. 36). Court).
The lawyer could be Rule 9.01. So the suspended lawyer who do
suspended/disbarred based on this legal work as well as lawyers who delegated
provision. So pwede nga ang legal work to him are guilty of violating Rule
abogado mu appear for a party 9.01.

unya ang katung client, wa niya gi Rule 9.02 Duty not to divide legal fees with
engage ang lawyer. In other words, non-lawyers
nagbuot2 lang sya without that
person consenting to the General Rule: Non-lawyers are not
representation. So he could be also entitled to attorneys fees
disciplined by the SC for willfully Because attorneys fees, this refers
appearing as the counsel of the to compensation. Compensation
party without the consent of such received by a lawyer for the legal
services that he has rendered to
party.
the client. Adto padung niya ang
Delegation of Unqualified persons not bayad for the legal services.
Legal Work to an limited to non-lawyers but If the client will have to pay a
unqualified also to lawyers who are lawyer and then a non-lawyer for
person is suspended or disbarred or that attorneys fees then there
misbehavior whose authority to practice would now have a division of
has been withdrawn due to attorneys fees between a lawyer
a change in citizenship or and a non-lawyer which is
allegiance to the country prohibited under Rule 9.02
Unqualified person could mean a layperson, a In the cases discussed before,
non-lawyer/lawyers who are not qualified in VILLATUYA VS TABALINGCOS:
the sense that they are suspended in the Villatuya alleged that whatever
practice of law or they are not authorized to case they will receive from the
engage in the private practice of law. court, they will receive P50K from
The usual question asked in the Bar Exams: a the lawyer. Although that charge
member of the firm is suspended by the SC and of non-payment of fees was
while he was serving his suspension, the other dismissed by the SC for lack of
lawyers in the firm asked the suspended lawyer substantiation by the complainant
to draft pleadings and to meet the clients. Di but the SC said that if that
siya muadto sa court but he drafts pleadings, arrangement is true and that has
meets the client and gives advice to the client. been proven then theres a
Was there a violation of Canon 9, Rule 9.01? violation of Canon 9 because
YES. Because the unqualified person referred theres now a division of fees
to under Rule 9.01 does not refer only to between the respondent-lawyer
layperson but also to lawyers who are not Atty. Tabalingcos and the
qualified. complainant. Respondent was
In that instance, the lawyer is not qualified acquitted for the charge of non-
because he is suspended and while he is under payment of fees, he was
suspension, he is not authorized to practice the reprimanded for solicitation of
profession. Aside from the lawyer who drafted legal business but he was disbarred
pleadings and gave advice to clients, the for bigamy. Remember the case
lawyers also who delegated the work violated where the complainant presented
2 marriage certificates. Then the so it will go to his estate and there
respondent narrated that I was was this pre-existing so nag agree
surprised to see these 2 marriage na sila before nga in the event nga
certificates so I will file for mamatay ko and if naa tay
nullification of the marriage madawat ani nga kaso na atong gi
certificate. Thats his defense so handle, mupadong na siya sa
he was disbarred by the SC on that akong estate. And that estate will
case. be for the benefit of my heirs.
Rationale: If attorneys fees were For the 2nd one there is really no
allowed to non-lawyers, it would leave division of attorneys fees with a
the public in hopeless confusion as to non-lawyer because the person
who finished the legal work is a
whom to consult in case of necessity
lawyer. So its not really an
and also to leave the bar in a chaotic
exception.
condition, aside from the fact that non-
Number 3 is the fees that will be
lawyers are not amenable to paid to the staff will be part of the
disciplinary measures. compensation package for the
employees of the law office. Ilaha
This rule with respect to no division of nato so the lawyer will get the
attorneys fees with non-lawyers have attorneys fees and he will set
exceptions, it is also provided under Rule aside amounts for the (for
9.02. example) utilities and salaries of
Exceptions to the Rule to 9.02: employees. So ang income niya
a) Where there is a pre-existing iyang gigamit to pay his staff. So
agreement with a partner or actually there is no division of
associate that, upon the latters attorneys fees. Nidawat sya and
he now appropriates the amount
death, money shall be paid over a
kay he has also the obligation to
reasonable period of time to his
pay the utilities and then the
estate or to persons specified in the overhead expenses. So technically
agreement; or speaking, its not actually an
b) Where a lawyer undertakes to exception.
complete unfinished legal business An example for violations of this is
of a deceased lawyer; or for example: registrar sa USC, a
c) Where a lawyer or law firm includes non-lawyer, unya ig enrollment
non-lawyer employees in a nay mga estudyante nga
retirement plan, even if the plan is nawagtangan ug ID so needed ang
Affidavit of Loss then nanawag sa
based in whole or in part, on a
nimo nga lawyer para i-refer ka. So
profit-sharing arrangement.
for every Affidavit of Loss nga imo
But in the commentary of Pineda,
buhaton, naa koy claim sa imong
(which Sir agrees) that number 1 is
bayad ha. So like for 50-50 ta 100
not really an exception because its
ako, 100 pd imo. So there is now a
payment for services already
division and sharing of attorneys
rendered by the deceased lawyer.
fees paid by these students to the
So its due him but patay nman sya
lawyer because the registrar who is
a non-lawyer will share. Kay On the charge of misconduct of
nangayo baya siya ug commission office/malpractice: the respondent-
so thats an example of a violation lawyer was found guilty because it
of this Rule 9.02.
was established that she allowed her
CAMBALIZA VS CRISTOBAL-TENORIO husband, a non-lawyer, to practice
law. HOW? The name of her husband
The complainant is a former employee appeared in the letterhead of the
of the respondent-lawyer. In that communications of the law office. The
complaint for suspension/disbarment, other one is that there is that calling
she alleged 3 grounds against the card/identification card. An ID card
respondent. Grounds of deceit, wherein her husband appeared to be a
immoral conduct and then lawyer. And then there was also this
malpractice/misconduct in office. order from the court in which the
For deceit: the respondent falsely husband and respondent-lawyer
represented herself to be married to appeared as collaborating counsel of
her husband who has existing the respondent in that certain case.
marriages. (1st charge of complainant) Although the firm named Cristobal-
On grossly immoral conduct: Tenorio for the sake of partnership,
respondent allegedly caused the but in the document and in other
dissemination of libelous affidavit pleadings in the office, the husband
against a city councilor. appeared to be also a lawyer. And the
On malpractice: the respondent- claim of the wife is that her husband
lawyer allowed her husband to has an investment mao nang naapil sya
practice law and her husband is not a sa letterhead. So again the SC said that
lawyer. by doing that, the respondent-lawyer
In the investigation, they found out violated Canon 9 because insteadd of
that on the charge of deceit: there was shunning the unauthorized practice of
no false representation on the part of law, she assisted and encouraged the
the respondent-lawyer and SC practice of law by her husband who is
believed respondent-lawyer when she a non-lawyer.
said that theres a discreprency on my
actual marriage certificate as to the LACSAMANA VS BUSMENTE
actual date because of the late An unauthorized practice of law by
registration sa ilahang marriage Busmente because he allowed his
certificate, nadugay sila ug pa-rehistro paralegal to appear as counsel in the
which allegation was substantiated case. So the complainant-lawyer
by the respondent. alleged that Busmente allowed his
As to the charge of grossly immoral paralegal to appear as collaborating
conduct: there was lack of evidence to counsel in a civil case.
support the charge made by the Busmente alleged that it was his
complainant. So dismissed by the SC. paralegal with the connivance of his
secretary. But SC did not believe the affidavit was used by the respondents
respondent because if there was in the criminal case to file a counter-
connivance, why is it that the paralegal case against the complainant in that
was able to continue in that civil case criminal case before the Office of the
while the secretary already resigned Ombudsman.
on that firm. Ibutang nato ni resign sya The complainant in the Ombudsman
pg 2000 then pag 1,2,3,4 nagsge pa case presented the affidavit of the
ghapon ug padayon ang paralegal so secretary of the law office to prove
her access to the records in the office that there was no forgery in the
could only mean that the signature of Atty. Bancolo. In fact the
representation was with consent and signature found there was with the
authority of respondent-lawyer. authority of Atty. Bancolo so in other
In fact, the evidence used by the SC in words, iyang gisugo iyang secretary
finding the respondent guilty was that nga ikaw lng pirma diha sa pleading
joint-affidavit executed by the which is not allowed under the CPR
respondent wherein he admitted that because the signing of pleadings is
the respondent-lawyer allowed the limited to those who are qualified and
paralegal to assist these persons in the admitted to the Bar.
hearing, to give legal assistance to In fact the signature of a lawyer in a
these persons in the hearing of the pleading signifies certification under
case. So there was the delegation of the Rules of Court. You have (1) he has
legal work to a non-lawyer so he read the pleading (2) there is good
violated Canon and for that he was cause to file the case (3) that case was
suspended for 6 months. So di ra not intended to delay. These are the 3
kaayo strikto ang SC. things which signifies the signature of
the lawyer when he signs a pleading
TAPAY VS BANCOLO for which a secretary and non-lawyer
A lawyer allowing his secretary to sign could not do. For that he was
the pleading. The lawyer happened to disciplined by the SC for 1 year
chance the respondent in that criminal suspension. The other partner was
case filed by the Ombudsman. Oy atty acquitted because there was no
nag file lage ka ug kaso sa evidence to show that he participated
Ombudsman" unya miingon ang in such practice.
lawyer nga Wa man koy gi file nga
kaso against ninyo. Tan-awa atty nay AMALGAMATED LABORERS ASSOCIATION VS
complainant dri from the CIR
Ombudsman. Aw di na akong pirma Refers to the division of attorneys fees
Based on that, the respondent in that with the union president, a non-lawyer.
criminal case asked the lawyer to So again, this is not allowed.
execute an affidavit disowning his So nakadaug ang mga empleyado so
signature in the complaint. So that now naglalis ang mga abogado about sa
attorneys fees kung pila jud ang
madawat sa usa. Partners before pero
nag-away sila so karun naglalis na sila
pilay madawat sa abogado.
Finally they agreed on the amount and
then in that sharing they included the
union president. But the SC said that
that arrangement is not allowed under
ethics because a union president is not
a lawyer and hes not allowed to share
in the attorneys fees.
Attorneys fees is for the lawyer, for
the legal services rendered by the
lawyer on behalf of the client.

NOTE:

A Compensation for services rendered


by the deceased lawyer

B The person who undertakes is


lawyer

C Not a division of fees but a pension


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

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


Duties of a lawyer to the client (Canon 14)

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

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


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

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

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

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


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

THE LAWYER AND THE COURTS


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

A lawyer is prohibited from:


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

Rule in the Quotation of a Decision

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

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

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


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

QUE VS ATTY REVILLA


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

DEL ROSARIO VS CHINGCUANGCO


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

COMMISSION ON ELECTIONS VS NOYNAY

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

ADEZ REALTY, INC. VS COURT OF APPEALS


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

Rule 11.01 Duty to appear in court properly attired


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

Canon 11 Duty to give respect to the Courts

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

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

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

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

Rule 11.01 Duty to appear in court properly attired

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

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

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

Rule 11.02 Duty to be punctual at court hearings


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

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

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

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

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

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

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

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

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

NATURE OF THE CASE PROPER AUTHORITIES TO FILE THE CASE


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

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

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

RE: LETTER OF UP LAW FACULTY:

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

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

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


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

Continuation of Canon 11...

The SC disciplined lawyers because they employ abusive menacing insulting


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

Baculi vs Battung

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

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

-He was cited for contempt.

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

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

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

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

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

Judge Cervantez Vs. Atty. Sabio

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

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

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

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

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

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

Andamo V Larida

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

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

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

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

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

Maceda Vs Ombudsman

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

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

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

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

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

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

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

Rule 12. 02- Duty not to engage in forum


shopping

Rule 12.03- Duty to file pleadings on time

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

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

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


impersonate

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


a witness

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

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

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

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

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

Rule 12.01: Duty to adequately prepare for trial

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

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


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

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

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

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

Rule 12.02: Duty not to engage in forum shopping

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

0 Two or more cases are pending

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

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

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

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

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

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

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


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

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


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

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

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


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

Specific instances of forum shopping that merited sanction

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


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

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

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


filing a certiorari case.

Who signs the Certification against forum shopping?

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

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

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

Rule 12.03: Duty to file pleadings on time

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

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


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

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

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

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

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

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

Rule 12.04: Duty not to unduly delay a case

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


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

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

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

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

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

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

0 The witness who commits misrepresentation is criminally liable for False


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

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


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

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


and administratively liable.

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

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


inconvenience a witness

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

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


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

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

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

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

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


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

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

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


for an
offense unless otherwise provided by law or;

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

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

Exceptions:

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


instrument and the like; or

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

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

Rationale for the Rule:

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


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

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

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

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

0 4.) He cannot serve conflicting interests

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

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


for a client.

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


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

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


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

Cases:

Alcantara Vs De vera

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

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

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

Nunez V Atty. Ricafort

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

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

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

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

Santigo Vs Rafanan

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

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

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

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

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

Fil- Garcia Inc. Vs Hernandez

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

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

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

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

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

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

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

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

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

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


the court

Rule 13.01- Duty not to extend extraordinary attention nor seek


opportunity for cultivating familiarity with judges

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

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


proceedings

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

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


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

Rule 13.01: Duty not to extend extraordinary attention nor seek


opportunity for cultivating familiarity with judges

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

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

0 The common practice of some lawyers making judges and prosecutors


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

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


cases.

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


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

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

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

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

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

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


their duties

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

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


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

CASES UNDER CANON 13

Lantoria v Atty. Bunyi

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

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

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

Foodsphere, Inc. v Mauricio

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

BFAD case,

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

Re: Suspension of Atty. Rogelio Bagabuyo

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

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

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


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

Realtion as Fiduciary and Confidential

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


CREATION OF THE ATTY-CLIENT RELATIONSHIP

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


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


DUTIES OF A LAWYER TO HIS CLIENT

CANON 14

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

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


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

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

QUESTION: If about physical attribute sir?

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

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

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

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

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

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

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

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

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

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

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

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













January 31, 2017 Discussion evil which is fatal to the administration of
justice
Canon 15 Duty to Candor, Fairness And
Good Faith To The Court 15.01 Duty to Ascertain Conflict Of
15.01 duty to ascertain Conflict of Interest
interest - Conflict search: it is examining the
15.02 duty to preserve privileged causes of action between the prospective
communication client and the lawyer's current clients
15.03 duty not to represent conflicting -Purpose: to be able to determine in
interests the first instance, if he is barred from
15.04 duty to act as mediator, accepting the representation through
conciliator or arbitrator conflict with his present clients of the
15.05 duty to give candid and honest lawyer's own interest.
advice
15.06 duty not to claim influence *Once you have a prospective client that
15.07 duty to impress compliance will come to you and ask you to handle a
with laws case, the first thing a lawyer shall do is to
15.08 duty in case of dual profession determine whether he can validly accept
the case of that client.
*Canon 15 is the second canon which *So iya tan-awn kinsa ang i-kiha. If existing
refers to the duty of the lawyer to his client client nimo ang i-kiha, dili pwede kay
conflict interest.
This is based on the character of the *So he should determine maybe through
attorney-client relationship which is strictly having a database of his former and
personal and highly confidential and existing clients
fiduciary. Only in such a relationship can a *Once there is no conflict, he can accept
person be encouraged to repose the case of the prospective client.
confidence in an attorney. Otherwise, if there is existence of a conflict
then it is the duty of the lawyer to inform the
*Being personal, highly confidential and client that he cannot accept the case.
fiduciary, you should avoid any situation of
conflict of interest and you should be frank 3 Tests to Determine The Existence Of
and candid to your client. Conflicting Interests
*Kung mangutana imung cliente kung 1.Conflicting duties
makadaog ba, if the evidence of the client -when on behalf of one client, it is the
is not strong then you should inform the attorneys duty to contest for that which is
client that there is a possibility that the case his duty to another client requires him to
will lose in the trial court but if he has other oppose or when possibly of such situation
documents that will possibly address the will develop.
issue then there might be a chance to win in
the RTC. *Usually this happens if the lawyer is
*So you should be candid with your representing two existing clients which have
assessment of the case of your client adverse interests against each other
*Classic example: Siya'y lawyer sa plaintiff,
The canon therefore is required by siya pud ang lawyer sa defendant. That's
necessity and public interest and is based really conflict. Because he will be arguing
on the hypothesis that abstinence from for in behalf of the plaintiff and in the same
seeking legal advice in a good cause is an time he will be rebutting the arguments that
he raised for the plaintiff when he determining whether there is a conflict of
represents the defendant. Conflict na. interest in the representation is probability,
not certainty of conflict.
2.Invitation of suspicion
-whether the acceptance of the new *SC emphasized that with respect to
relation will prevent lawyer from the full conflict of interest issues: what is essential
discharge of this duty of undivided fidelity and material is only the PROBABILITY of
and loyalty to his client or will invite conflict. Not really the actual existence of
suspicion of unfaithfulness or double- conflict.
dealing in the performance thereof. *If there is a probability that conflict of
interest may arise then there is a violation of
*This involves a lawyer representing an this canon.
existing/current client against another client *In fact, in one case under this topic you
in another case. have there a discussion that good faith is
*Iyang client si A and then naa siya'y lain not a defense with respect to conflict of
kaso, si A ang gi kiha si C. Pero kani si C, interest cases.
naa siya'y kaso pud nga gi handle ni lawyer
but in a separate case, not involving A. Te s t f o r C o n c u r r e n t o r M u l t i p l e
*That's a possibility of conflict of interest Representation
because there might be some information
that will be disclosed a client in that case A. Whether s lawyer is duty bound to
that might be prejudicial and damaging to fight for an issue or claim in behalf of one
the cause of the client in another case. client and, at the same time, to oppose that
claim for the other client
3.Use of prior knowledge obtained B. Whether the acceptance of a new
-whether a lawyer will be called upon relation would prevent the full discharge of
in his new relation to use against the first the lawyer's duty of undivided fidelity or
client any knowledge acquired in the loyalty to the client; or invite suspicion of
previous employment unfaithfulness or double-dealing in the
performance of the lawyer's duty of
*This usually involves a lawyer representing undivided fidelity and loyalty.
against a former client. C.Whether, in the acceptance of a new
*The lawyer may be called upon to use the relation, the lawyer would be called upon to
knowledge which he gained from the former use against client information acquired
client in the present case. through their connection.

Types of Conflict Interest Illustration: Existence of conflict of interest
1. Concurrent or multiple representations- 1.A v B (A and B are present clients)
generally occurs when a lawyer represents
clients whose objectives are adverse to *Ikaw ang lawyer sa duha.
each other, no matter how slight or remote *It can only happen when there is express
such adverse interest may be consent of both parties that the lawyer for A
2. Sequential or successive representation- will be the same with B. They agree. Walay
involves representation of a present client problema nila.
who may have interest adverse to a prior or *But as a rule, by way of restriction, this is
former client an example of conflict.

Note: what is material and essential in


2. C v D; E v D (C is the rodent client
and D is not a present client in the same - As a receiver of a corporation, he cannot
case but is a client in another case) represent the creditor
3. F v G; H v G (F is the present client
and was a former client and the cases are *The corporation is in debt. If he acts for the
related) creditors then there is a conflict of interest.

*Cases are related when... issue on parcel - As a representative of the Obligor, he
of land. F in the case will now claim that he cannot represent the obligee
is the owner of the property but in another - As a lawyer representing a party in a
case G, a former client, claimed also to be compromise agreement, he cannot,
the owner of the property. So mu file si F subsequently, be a lawyer representing
against G kay ni claim man siya nga siya another client who seeks to nullify
ang owner. So, they claimed to be both agreement
owners of the same property. So, cases are
related with respect to the same subject *Conflict of interest between himself and his
matter. So, there's conflict. client.

4.I v J; K v J (I is the present client and *In conflict of interest cases, SC usually will
J was a former client in a case that is not disbar the lawyer. Suspension lang
unrelated) unlike sa Canon 1.
*One of the cases is the former client
involves a criminal case and the present
case, civil case. Totally unrelated but still 15.02 Duty to Preserve Privileged
the SC said there is still the probability of Communication
conflict of interest even if the cases are not *Any information/data disclosed by the
related. client in the attorney-client relationship is
privileged communication. Meaning the
Instances of A Conflicting Interests lawyer cannot disclose such information
revealed by the client to third persons. Di
- A corporate lawyer cannot join a labor siya pwede manabi.
union of employees in that corporation *In fact, based on the CPR, the lawyer
cannot even discuss with his wife the case
*He is siding in the union against the of his client. A lawyer should avoid in
interest of the company. discreet conversation with a family member.
It's under Canon 21.06.
- A lawyer of an insurance corporation who
investigated an accident cannot represent Two-fold purpose of the rule:
the complainant/ injured person 1. To encourage a client to make a full
*When he left the insurace company, he disclosure of the facts of try case to his
represented a claimant against the counsel without fear and
insurance company. That's conflict.
Especially where in a case he was the one *Kung naa'y client mu duol nimo, you
who investigated the claim of the insured should ask your client what's the real story.
when he was still connected with the Imu pangutan-on, ipa disclose. Dili ang
insurance company. Former client, current sanitized version. Ang katu gyung tinuru-ay
client. nga nahitabo. Because you don't want any
surprises later on when there is already the
hearing. Lisud kaayo nga nag prepare naka 1. There exists an attorney-client
unya naa'y ipagawas nga ebidensya nga relationship or a kind of consultancy
wala jud ka kabalo unya tinu-uray diay tuh. relationship with a prospective client
So mapildi ang kaso because of that - that 2.The communication was made by the
surprise. client to the lawyer in the course of the
*You should inform the client that he can lawyer's professional employment
disclose everything that he knows about 3. The communication must be
this case because you cannot reveal it to identified to be confidential
third persons because you are bound by
the attorney-client privileged
communication. Parties entitled to invoke the privilege
*If the client will know that he may be A. The client, who is primarily intended to
confident to share everything to the lawyer. be protected by the privilege.
Especially kaning mga family issues or
intra-corporate cases. B. The lawyer himself or the client's
employee may claim the privilege in the
absence of any waiver not the part of the
2.To allow the lawyer freedom to obtain client.
full information from his client
*So iya pangutan-on tanan and he has now C. The attorney's secretary, stenographer,
the duty of the lawyer to just shift through - or clerk who acquired confidential
pili-un lang siya what's relevant kay usahay information on such capacity, save only
pud ang isturya sa cliente ang uban dili na when the client and the attorney jointly
relevant. consent thereto.
*You should be able to tailor fit the story of
the client in order to also align with the *They can disclose provided that the client
defenses and the arguments that you will and the lawyer will consent to the
state in your pleading in the court. disclosure.
*Dili pwede nga ang client lang ang mu
*Presumed to be confidential unless there is agree ug wala ang lawyer with respect to
that express intention on the part of the the staff of the lawyer - BOTH the lawyer
client that the information imparted with the and the client should consent to the
lawyer may be shared to other persons. disclosure if any disclosure should be made
*Note: If a client engages a firm, the client by the employee of the lawyer.
engages all the lawyers in the firm. If he
would disclose any information to one of the
members of the firm - the rule is: the lawyer Duration of the privilege
can disclose the information to the other It continued to exist even after the
lawyers in the firm. Exception: if there is an termination of the attorney- client
express instruction from the client that that relationship. It outlasts the lawyer's
information should only stopped to the engagement. It ceases only when waived
lawyer who is actively handling the case. by the client himself or after his death, by
Otherwise, then there is now the violation of his heir or legal representative.
the rule. Who can complain? The client.
*Strictly-personal
Requisites of The Privileged *The death of the lawyer will terminate the
Communication attorney-client relationship
*But, the privilege communication rule will ako plano bayran si judge atty. Pila kaha na
continue despite the death of either party of siya atty?" Under the CPR, the duty of the
that relationship. Padayun gihapon nah. You lawyer in that situation is to inform the client
have exceptions provided under Canon 21 that that is illegal and he should comply
on when can a party or the lawyer disclose with the law. What he should do is to advise
privileged communication on the client. the client to stop from pursuing such illegal
Also it's here (exceptions to the or unlawful activity. If the client will persist,
prohibitions) ... the next thing he can do is to withdraw from
the case from representation from the
Burden Of Proof client.
- The party who avers that the *Again if the crime perpetrated in the past,
communication is privileged p has the lahi nana siya. Past transactions is covered
burden of proof to establish the existence of under the privileged communication rule.
the privilege unless from the face of the
document itself, it clearly appears that it is Basic Limitations of The Privileged
privileged. The mere allegation that matter Communication
is privileged is not sufficient. The communication or the physical
object must have been transmitted to the
Exceptions to the prohibitions counsel by the client for the purpose of
1. When there is consent or waiver of seeking legal advice
client
2.When the law requires disclosure The privilege is limited or has
3. When the disclosure is made to reference only to communication which are
protect the lawyers rights. i.e collect his within the ambit of lawful employment and
fees or defend himself, his employees or does not extend to those transmitted in
associates or by judicial action contemplation of future crimes or frauds.
4. When such communications are
made in contemplation of a crime or the *Communication must be intended to be
perpetuation of a fraud confidential.

*Ex.: "Atty katung sa kaso nga gi refer nako If the client seeks his lawyers advice
nimo katung pag pangawat ug kwarta sa with respect to a crime that has already
company, ang nahitabo atu tinu-uray jud tu been committed, the privilege applies.
sya." That information given by the client is However, the privilege does not attach with
confidential since it refers to a past respect to communications pertaining to a
incident. crime the client is intending to commit in the
*But if mu ingon ang client: "Atty ako tung future and for purposes of which he seeks
patyun si Atty B kay naglagot ko atu niya the lawyers advice.
kay wa niya tarunga akong kaso mao na ari
nako nimo" So that information given by the Rule 15.03 Duty Not to Represent
client which is a contemplation of a Conflicting Interests
commission of a crime is not covered by the
privileged communication rule. The lawyer *In connection with 15.01 is the duty to
in that situation can report or alert the ascertain the existence of conflict of interest
authorities. so once it has been ascertained that there
*Or during the course of the proceedings is the existence of conflict of interest then
the client will say "Atty murag di man ta under this rule is the duty of the lawyer NOT
kadaog sa kaso kay hinay atung ebidensya, TO represent
- A lawyer is bound to give candid
- Rationale: to bar the dishonest and honest opinion on the merit or lack of
practitioner from fraudulent conduct and to merit of clients case, neither overstating nor
prevent the honest practitioner from putting understating the prospect of the case. He
himself in a position where he may be should also give an honest opinion as to the
required to choose between conflicting probable results of the case, with the end in
duties. view of promoting respect for the law and
the legal processes.
(naay txt before ani pro di jod makita naa
babaw) *Pangutan-on ka "daog ta atty?" Tell the
- An attorney owes to his client truth and give honest, legal advice.
undivided allegiance. He cannot without the *The lawyer should ask all the documents,
free and intelligent consent of his client, act interview the client, and from there you
both for his client and for one whose should give legal advice/opinion based on
interest is adverse to, or conflicting with that the evidence provided by the client
of, his client. The consent of the client must
be given after full knowledge of all the facts Rule 15.06 Duty Not to Claim Influence
and circumstances. -This rule protects against influence
- Unauthorized act of representing peddling. Some prospective clients secure
conflicting interests is a criminal offense the services of a particular lawyer or law
penalized under Art. 209 of the revised firm precisely because he can exert a lot of
penal code on Betrayal of trust by an influence on a judge and some lawyers
attorney or solicitor revelation of secrets. extract big fees for such influence.
-It is improper for a lawyer to show in
Rule 15.04 Duty to Act As Mediator, any way that he has connections and can
Conciliator Or Arbitrator influence any tribunal or public official,
- Consent in writing is required to judges, prosecutors, congressmen and
prevent future controversy on the authority others, especially so if the purpose is to
of the lawyer to act as such enhance his legal standing and to entrench
-An attorneys knowledge of the law the confidence of the client that has his
and his reputation for fidelity may make it case or cases are assured of victory.
easy for the disputants to settle their
differences amicably. However, he shall not *Under this is the duty of the lawyer not
act as counsel for any of them. claim influence in a manner that he will
represent to the client that he could win the
case because he is connected to the judge
*Parties they quarrel on something and the or he has some relationship with those who
lawyer with mediate between them with the are in position in the judiciary. Mao nay
consent of the parties gitawag "IP" or Influence Peddling practice.
*Later on, if there is a case involving that That should be avoided in order to protect
compromise agreed upon by the parties in the name and reputation of the lawyer and
that mediation, then the lawyer cannot act the name of the judge.
as a counsel to either of the parties.
Because there is conflict UNLESS there is a Rule 15.07 Duty to Impress Compliance
written consent of the parties involved With Law
- The lawyer must impress upon his
Rule 15.05 Duty To Give Candid, Honest, clients that everybody must respect the law
Advice and observe the principle of fairness in their
dealings as aptly enunciated in article 19 of *Aside from CANON 1, BAR questions are
the civil code which provides that "every derived from CANON 15
person must in the exercise of his rights
and in the performance of his duties act
with Justice, give everyone his due and
observe honest and good faith."

*If the lawyer is mandated to support the


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

Rule 15.08 Duty in Case of Dual


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

*Dual profession example lawyer-CPA ka,


you should inform your client that you are
acting or giving advise as an accountant
because it is possible that the code of
ethics for lawyers, the provisions thereof
may not be applicable to the conduct with
the respect of the performance of another
profession
*Accountants may be allowed to advise
their profession while a lawyer cannot.
*You should be clear on your service
February 7, 2017 Discussion action for retrieved issued to that former
director. Aside from that, there was also an
CASES UNDER CANON 15 allegation because he assisted in the
creation of other security agencies in
PNB vs Cedo, conflict of interest. Lawyer in
competition with AIP. In his defense, he said
this case was formerly connected with the
that when he filed the retrevien case, it was
bank and he facilitated a transaction
with consent and she knows about that. As
involving the sale of steel sheets (Ong Sy) in
for the creation of other agency, he said that
one of the clients of the bank. While he is
there was no conflict because he was acting
connected with the bank, the lawyer also
in different capacity.
handled the administrative investigation in
respect to one of the banks employees. It was ruled that there was conflicting
Later on, the lawyer resigned at the bank interest. Though these cases are unrelated
and started his own private practice. And cases to each other and are unrelated, still
during his private practice, he represented it is conflicting interest. Suspended for 1
Ong Sy. And in another instance, he also year.
represented Mr. Elifan. The bank filed a
complaint against the lawyer for conflicting Lee vs Cimando, conflict of interest. Lawyer
interest. He was involved in these helped Mejorado to obtain a loan from the
transactions while he was still under the laywers client. In fact the lawyer acted as
bank and also represented these persons in the co-maker in that loan as representation
his private practice. that Mejorado can pay the loan. When the
loan was due and demandable, Mejorado
The lawyer said that he was not a lawyer of failed to pay. So Lee asked the lawyer to
Ong Sy during the litigation, it was only on make a demand against Mejorado. But the
resolution. And in respect to Mr. Elifan, he lawyer said that he will talk to him and pay
did not represent him directly but the the loan to avoid court litigation but nothing
lawyers of his firm. but in the investigation, happened thereon. The client now asked the
though he was not the lawyer of elifan, he lawyer to file a case against mejorado but
was there in the proceeding and was the lawyer did not. So the client engaged
dictating to the other lawyers as to what to another lawyer and the new counsel sent a
say. The court ruled that there is conflicting demand letter to the respondent lawyer. In
interest. Suspended for 3 years. his defence, the lawyer said that the
complainant has been collecting exorbitant
Quiambao vs Bamba, conflict of interest.
interest from loans. The SC said that conflict
The lawyer is the in house counsel of the
of interest, theres no need for an actual
security agency AIP. While he was the
conflict of interest, whats needed is only the
counsel, the lawyer also represented the
probability of conflict. So if there is
agency in these cases: personal case of the
probability that conflict may arise because of
director of AIP. Later on, this director was
the lawyer, then there is a violation by the
removed from the agency, so he filed for an
lawyer against CPR.
Santos vs Beltran, The lawyer represented a pleadings in behalf of the sheriff, he was
civil case vs the complainant. The lawyer only using his name and not the entire firm
was the counsel of pro-corp (?) however, name. Court ruled that the complainant is
there was also an ejectment case where still the client of that firm and that the lawyer
complainant was the attorney against the is a member of that firm.
pro-corp (?). so the first case, he was the
counsel of pro-corp (?) and the second case Orola vs Ramos. SC emphasized that the
he acted as counsel against pro-corp (?). so Defence of good faith is not availing in
there is conflict of interest. He was conflict of interest cases. This case of Heirs
suspended for 1 year. of Trinidad and Antonio moved for the
removal of Emilio as administrator. The
Dading vs Davis, lawyer was retained as lawyer was their counsel. Emilio was
counsel for the complainant but represented removed, so there was another person
the other party in that ejectment case. made as administrator. Emilio filed a motion
Complainant was operator of a music for reconsideration, asking the court to
lounge and he retained the services of the reconsider its decision in removing him. In
lawyer. The owner of the building terminated that motion, the lawyer acted as counsel for
the lease for failure to pay rent and another Emilio against the heirs of Antonio. He
person was to take over the lease. The raised that he was not a collaborating
complainant raised the case in court and the counsel of the heirs of Antonio and was only
lawyer, despite being the lawyer of the made as a lawyer because of the absence
complainant, he represented the other party. of the original counsel. So he has no interest
In his defense, he said that he was just part there. And that he also did not know that
of the firm and not the one who handled the there were other heirs. So he claimed good
case. SC said that being the member of a faith and he be excused from the liability. SC
firm, the firm is being retained by the said that good faith is not a ground for
complainant and all the lawyers therein. availing the defence of conflict of interest. A
lawyer should not accept conflicting interest,
Gonzales vs Cabucana, complainant filed a otherwise, clients will refrain divulging
crimininal case against the sheriff for failure informations to their lawyers.
to execute the judgment award in a separate
civil case. That civil case was handled by Castro vs Garin, a lawyer sending a demand
the lawyer, and so he filed the criminal case letter against Ms. Koa involving a
against the sheriff for failure to execute the dishonoured check. The lawyer in this case
judgment case. But the respondent lawyer in drafted a demand letter against Ms. Koa.
this case appeared as counsel for the However, in a later case, there was a
sheriff. The lawyer was one of the partners criminal charge against Ms. Koa for estafa
in the firm that handles the case of the and BP 22, and the lawyer appeared as
complainant. In his defence, he said that he counsel for Ms. Koa. So 1st didto sya sa
was handling the case of the sheriff for pro complainant, sunod adto nsad siya sa
bono. And when he was signing the respondent. Balhin campo. In his defense,
he said that they were really good friends. Art. 1491(5) Civil Code. The following
The SC said that there is a atty-client persons cannot acquire by purchase,
relationship when the respondent agreed to even at a public auction, whether in
draft demand letter for the complainant. The person or through the mediation of
moment the complainant consulted a lawyer another: (5) Justices, judges,
and the lawyer gave his advice, there is prosecuting attorneys, clerks of
already atty-client relationship. superior and inferior courts, and other
officers and employees connected
TAKE NOTE :) with the administration of justice, the
property and rights in litigation or
it doesnt matter if there is actual
levied upon an execution before the
conflict of interest, because what the
court within whose jurisdiction or
courts will look into is the probability
territory they exercise their respective
of conflict of interest.
functions; this prohibition includes the
if the cases are related or unrelated, act of acquiring by assignment and
it doesnt matter. shall apply to lawyers, with respect to
the property and rights which may be
Good faith is not a defence in cases the object of any litigation in which
of conflict of interest. It will only they may take part by virtue of their
mitigate but will not absolve/excuse profession.
respondent lawyer.

The Lawyer and the Client


Elements of prohibition against the purchase
Canon 16 Duty to be a trustee of clients of property in litigation under Art. 1491 of the
money and property Civil Code:

Rule 16.01 Duty to account for all money 1. T h e r e i s a n a t t o r n e y - c l i e n t


or property collected or received relationship

Rule 16.02 Duty to keep clients funds 2. The property is in litigation


separate
3. The attorney takes part as counsel in
Rule 16.03 Duty to deliver the funds and the case; and
property, attorneys lien
4. The attorney, by himself or through
Rule 16.04 Duty not to borrow from nor an agent, purchases such property
lend money to client during the pendency of said case

Under Canon 16, a lawyer is prohibited from


acquiring properties of his client
Effects of Prohibited Purchase
1. A prohibited purchase is null and void to his clients. He is obligated to report
ab initio; public interest and public promptly the money of his clients that
policy dictate that its nullity is definite has come into his possession
and permanent and cannot be cured (otherwise a violation of Sec. 25, rule
by ratification. The lawyer will be 138 of ROC). He should not
deemed to hold the property in trust commingle it without his clients
for the client. consent. He should maintain a
reputation for honesty and fidelity to
private trust.

2. The client is therefore entitled to


recover the property and interest from
his attorney with the fruits. The client Rule 16.02 Duty to keep clients funds
should, however, return the purchase separate
price and the legal interests.
A lawyer should keep funds of each
client separate and apart from his
own. He should not use clients
money for personal purposes without
3. Malpractice on the part of the lawyer clients consent. He should report
and the lawyer may be disciplined for promptly the money of his client in his
possession. He should not deposit
misconduct.
the money to his own account.

Rule 16.01 Duty to account for all money


Failure of the lawyer to account all
or property collected or received
the funds and property of his client
A lawyer must be scrupulously careful which may come into his possession
in handling money entrusted to him in would amount to misappropriation
his professional capacity, because of which may subject him to disbarment
the high degree of fidelity and good on the ground of grave misconduct or
faith expected on his part. (Medina v. a criminal prosecution for estafa
Bautista, A.C. No. 190, September under Art. 315 par. 4(b) of the RPC.
1964)
Rule 16.03 Duty to deliver funds and
property: attorneys lien

A lawyer, under his oath, pledges A lawyer who obtained possession of


himself not to delay any man for the funds and properties belonging to
money or malice and is bound to his client in the course of his
conduct himself with all good fidelity professional employment shall deliver
the same to his client when (a) they may subject him to disciplinary
become due, or (b) upon demand. action.

(Please see also Section 37, Rule


138 of the Rules of Court)
The lawyers failure to deliver upon
demand gives rise to the presumption
that he has misappropriated the
funds for his own use to the prejudice Rule 16.04 Duty not to borrow from nor
of the client and in violation of the lend money to client
trust reposed in him.
Rationale: The rule against borrowing of
money by a lawyer from his client is
intended (i) to prevent the former from
Attys. Fees- pwede na siya nga the lawyer taking advantage of his influence over the
will hold on the case records of the client latter, and (ii) to assure the lawyers
until he pays his attys fees. So pwede nga di independent professional judgment.
nya e uli hantud di ma bayran.

This rule grants the lawyer a lien over the


clients funds in his possession as well as on If a lawyer acquires a financial interest in the
all judgments and executions he has outcome of the case, the free exercise of his
secured for his client, to satisfy his lawful judgment may be adversely affected.
fees and disbarments.

Note: While this rule provides that the


Exceptions to the Rule against Borrowing or
lawyer has the right to retain the
Lending of Money
funds of his client as may be
necessary to satisfy his lawful fees The lawyer is allowed to borrow
and disbarments known as attorneys money from his client provided the
lien and his lien to the same extent interests of the client are fully
on all judgments and executions he protected by the nature of the case or
has secured for his client called by independent advice.
charging lien, he is still duty bound to
render an accounting of his clients The lawyer may lend money to a
funds and property which may come client, when it is necessary in the
into his possession in the course of interest of justice to advance
his professional employment. In the necessary expenses in a legal matter
application of attorneys lien, a lawyer he is handling for the client. The
shall give notice to his client advances made shall be subject to
otherwise, the same might be reimbursement.
construed as misappropriation which
CASES Blanco vs Lumasag, lawyer was asked by
the owners of property to sell the 2 parcels
Unity Fishing vs Macalino, complainant filed of land. He was able to sell the 2 but only
a disbarment case against lawyer for failure remitted the amount for 1 parcel of land.
to deliver the amount to the other party. In There was a complaint filed against him. He
this case, it also started with FROBAL (?) said that only 1 parcel was sold because the
and later on they merged with unity fishing. other one, he wasnt able to get the money
As lawyer of both corporations, it was because there were still informal settlers in
settled that they terminate the contract and the land. Later on, he added that when he
FROBAL (?) to return the guarantee deposit. received the money of the 2nd parcel of land,
Lawyer volunteered to return the check to he asked the permission of the husband to
the other party. Later on, unity fishing use the money as investment for business
engaged the service of another lawyer, and but the business failed so he wasnt able to
to the surprise of unity fishing, they learned return the money. SC said he violated the
that the Wheels (new corporation that unity CPR
partnered with) did not receive any money
from that guarantee deposit. Unity asked
macalino where the guaranty deposit is, but
he did not respond. So there was a
complaint for disbarment. It was established
that macalino was the one who received the
check and instead of giving it to Wheels, he
deposited it to his own account. The deposit
was proved by the person from the bank.

Concepcion vs De La Rosa, nangutang nga


abogado sa iyang cliente sensing that the
client has plenty of money because of the
pawnshop business 2.5 M. So they agreed
because the lawyer was the retained
counsel of the spouses, so gipa-utang nila.
But the lawyer failed to pay the loan and
claimed that he was not the borrower, lain
tao ang nangutang. Naa pay
acknowledgment sa utang kunohay. SC
ruled that he was the payee of the check
and was the one who in cashed the check.
He used his position to the disadvantage of
his client.
February 8, 2017 Discussion of the client and negligent then he is not
loyal to the cause of the client and violate
CANON 17 Duty of Fidelity to the Cause
canon 18 for negligence. No rules under
of the Client canon 17. These are the cases.

Rosacia v bulalacao
Lawyers duty of fidelity commences from
A lawyer was a housecounsel for a
receipt of the retainer until his.. (sam di gyud
corporation and then later on that
maklaro ang blue na picture, sa recording
relationship was terminated. Employess
nalang -.-) from that corporation filed a labor case
We will now discuss canon 17 which is on against the corporation and the former in
the duty of fidelity to the cause of the client. house counsel represented the employees,
because of the representation the
This duty will start upon the commencement corporation filed a case for disbarment
of the attorney-client relationship. Once the against the lawyer.
client engages the lawyer to handle the case
then the client expects the lawyer to be loyal In the disbarment proceeding the lawyer did
to the cause of the client. It means that the not dispute that he represented conflicting
lawyer shall not do any act that will result interest but he pleaded to lower the penalty
conflict of interest. since there was a recommendation that he
be suspended for three months but he said
The lawyer should observe conduct which he should either be fined or be admonished
will advance the interest of the client and not for the following reasons for the following
prejudice the interest of the client. In this reasons. First, he just passed the bar.
instance, once he accepts the case of the Second, he is the breadwinner of the family.
client there is an undertaking on the part of Third, he recognized the mistake and is fully
the part of lawyer that he will finish the case repentant of his error and promised that he
and that he will avail all the remedies under will not commit it in the future.
the law.
The supreme court discussed that despite
This is more in relation to the duty not to the termination of the attorney client
represent conflicting interest. The lawyer relationship the lawyer still owes fidelity to
must see to it that all his actions for the the client. It is not a good practice for a
advancement of his client and not to lawyer to represent against his former client
prejudice. When he accepts the case of the even if the case is unrelated.
client, he will exercise the necessary
diligence in order to successfully litigate the In this case take note that the employees
case of the client. Now if you will represent filed a labor case against the corporation
conflicting interest then he will violate canon and these employees are represented by
15 and 17 because he is not loyal to the the lawyer who was the former in house
cause of the client. So if he will sell the case counsel of the corporation. So there was
conflict of interest. The test that will apply is because of that the labor arbiter rendered a
the third one, use of prior knowledge decision against the company.
obtained. So for this the respondent was
Because of that adverse decision, the
suspended for three months.
lawyer appealed to the NLRC. Asking the
The supreme court also said that commisiiion to remand the case and be
circumstance that he just passed the bar allowed to subkit the postion paper. The
was taken against him since the rules in cpr NLRC agreed and remanded the case to the
should have been fresh in his memory. arbiter and in the meantime he resigned frm
the company. There is another rlawyer who
Lorenzana v Daria
took over the case but unfortunately the
This involves of a lawyer charged of company was not able to file the postion
negligence and betrayal of his former paper. So the arbiter revived its earlier
clients confidences. decision. So that was the charge of
negligence.
So for the charge of negligence this involves
a labor case. While the lawyer was still On the charge of betrayal of his former
connected with the company, there was a clients confidences, the lawyer while he
labor complaint filed against the company by was still connected with the company was
one of its employees a c ertain hanopol. So involved in an administrative investigation
she filed a case. condicted against one of the employees of
the company. So he was part of that
the lawyer represented the company in that committee who inveatgited the employee
labor proceeding. So in the first mandatory who committed some infractions. When he
conference, it talks about amicably settling resigned, he then represented that
the case but it was reset to another day. But employee in a criminal case filed by the
the lawyer failed to appear in the second c o m p a n y. S o h e r e p r e s e n t e d t h e
conference alleging that there is a conflict in employeein his counter- affidavit.
his schedule. But he claimed that he
instructed his secretary to call the arbiter In his defense, he said that he was not the
and he assumed that the arbiter was duly one who prepared the counter- affidavit and
informed. But unfortunately based on the that it was his laywer-friend who made the
investigation the secretary was not able to counter-affidavot and placed his name.
call the arbiter. So there was a conference When he realized, he asked san juan his
that the lawyer was absent and because of clinet tgo bring the counter-affidavit to his
the absence of the lawyer, the arbiter lwayer-frined and earsae his anme and
ordered the submission of the position signature. But according to the respomndent
paper. lawyer, san juan did not heed to his
instructions.
The lawyer did not know that there was this
order from the arbiter. Only the complainant In resolving the issues the supreme court
was able to submit the postion paper and found the respondent guilty of the charges.
On negligence the supreme court said that Rule 18.02 - Duty to adequate prepare for
had he been diligent in the repersentaiton of cases
the client he should have appeared in the
second mandatory conference. Ang ila
tawag2 lang which is not the proper thing to Rule 18. 03 - Duty not to neglect legal
do under the rules of court. If you want to matters
postpone a proceeding you mist file the
necessary motion.

On the second charge he was also found Rule 18.04 - Duty to inform client of status of
guilty because ti clear that he represented the case
against his former client. Fpr that he was
suspended for 6 months. The laywer should
be loyal to his client even if there no more
attorney-client relationship.
Rule 18.01 - Duty not to undertake legal
CANON 18- Duty to serve with services if not qualified; collaborating
competence and due diligence counsel

Competence means the knowledge and skill


of the lawyer, knowledge through continuous
Some cases involve specialized fields of
study and skill through practice.
law and require special training. A
Diligence is on the effort on the part of the lawyer should not accept an undertaking
lawyer that he exerts in preparing the case in specific area of law which he knows
of his client. or should know he is not qualified to
enter.
Once the lawyer accepts the case of the
client there is the undertajing that he will see If you are not familiar with the certain field in
to it hw ould diligently and ccompetetnly law, for example you are handling a civil
represent the client inc outr, there is the case for your client and there is an issue on
presumprion that he has the necessary skill taxation and you are not familiar with that
and adequate knowledge to represent the then the proper thing to do is inform your
client. The authority and the license that he client and if the client agrees take on a
got from the supreme when he passed the collaborating counsel. This rule also it
bar is an evidence ot that. pertains aldso to being nort qualified if you
are a public lawyer and completely
Rule 18.01 - Duty not to undertake legal prohibited from engaging in the privste
services if not qualified; collaborating practice of law then you are not qualified to
counsel
take on a case for the client.
Exception: If his client consents, the We discussed under canon 12 the duty to
lawyer can take as collaborating counsel the court and duty to adequately prepare for
another lawyer who is competent on the trials m meaing you should prepare good
matter. quality pleading for the client and prepared
to argue the case of the client.

A lawyer should prepare his pleadings


Collaborating Counsel- one who is
with great care and circumspection. He
subsequently engaged to assist a lawyer
should refrain from usig abrasive and
already handling a particular case for client. offensive language, for it merely
weakens rather than strengthens the
force of legal reasoning and detracts
The handling lawyer cannot just take from its persuasiveness.
another counsel without the consent of
the client. The new lawyer, on the other Do not use abrasive and offensive language
hand, cannot just enter his appearance because the lawyer may be subjected to
as collaborating counsel without the contempt proceedings.
conformity of the first counsel.

If the lawyer taken on a collaborating


Rule 18.03 Duty not to neglect legal
counsel, he must have the consent of the
matters
client. Because the client might not like that
collaborating counsel.

The same diligence required of the first The standard of diligence required of a
counsel is required of the collaborating lawyer is that of a good father of a
counsel. family. He is not bound to exercise
extraordinary diligence.
Rule 18.02 - Duty to adequate prepare
for cases This is in your civil law, the different kinds of
diligence. What is required here is only
diligence of the good father of a family and
Lawyer should safeguard his client's not the extraordinary diligence.
rights and interests by thorough study
It should be remembered that the
and preparation, mastering applicable moment the lawyer takes a clients
law and facts involved in a case,
cause , he covenants that he will exert
regardless of the nature of the
all effort for its prosecution until its final
assignment, and keeping constantly
conclusion. A lawyer who fails to
abreast of the latest jurisprudence and
exercise due diligence or abandons his
developments in all branches of the law. clients cause makes him unworthy of
the trust reposed on him by the latter. to notify his client of the important
(Legarda V CA, 209 SCRA 722 (1992)) orders or decisions not yet kown to the
client

A lawyer should notify his client of the


Instances of Negligence of Attorneys
adverse decision while within the period to
appeal to enable the client to decide
whether to seek an appellate review. He
1.Failure to ask for additional time to answer should communicate with him concerning
which resulted in a default judgment the withdrawal or appeal with the adverse
agaisnt his client. decision.
2.Failure to file brief within the reglementary
period to file.
The client is entitled to the fullest disclosure
3.Failure to attend to trial without filing a of the mode or manner by which his interest
motion for postponement of for resetting. is defended or why certain steps are taken
or omitted.
4.Failure to take action to have the adverse
decision reconsidered.

5.Failure to nullify the court of change of It is the duty of a party litigant to be in


address resulting in failure to receive contact with his counsel from time to timein
judicial orders to the prejudice of client. order to be informed of the status of the
case.
6.Failure to present evidence.
The lawyer should update from time to time
7.Failure to pay the appellate docket fee
the client of the development of the case to
after receiving the amount for the purpose.
build rapport with the client. Dili ng mu
These instances will violate this canon and contact ra ka if mangayo sa attorneys fees.
also canon 16. Atimanun na nimo imo ang client. Inform
your client if there is an adverse decision.
Rule 18.04 -Duty to inform client of status
So kung makadaug ka sa kaso imo i-inform
of the case
ang client and pakapinan nimo sa statement
of account kay liapy amn man so mubayad.
Pero if pildi i-inform sad nimo, so that the
The client has the right to be fully client can decide whether to contest the
informed of the status of the case decision or accept, whether to appeal or be
particularly on the important movements satisfied with the judgement. It is the client
or developments therein vis-vis this right who will decide. The lawyer can only
, the lawyer has the corresponding duty
recommend and suggest but it is the client As a laywer dili ka managyo ug extra budget
who will decide. or fees para imo i bribe ang judge.

The client should also from time to time A lawyers duty is not to his client but to the
communicate with the lawyer. administration of Justice. His conduct ought
to and must always be scrupulously
observant of law and ethics.
CANON 19 Duty to serve only within the
bounds of the law.
Rule 19.01 Duty to employ only fair and
Rule 19.01 - Duty to employ only fair and honest means
honest means

In civil cases - It is the lawyers duty to


Rule 19.02 - Duty to rectify clients fraud
counsel or maintain such actions or
proceedings only as appear to him to be
just, and such defenses only as he
Rule 19.03 - Duty to control proceedings. believes to be honestly debatable under
the law (Section 20 (c), Rule 138, RRC)

So if the lawyer on examination of the case


of his client determines that there is no
The client is entitled to the benefit of any evidence or no valid ground to support the
and every remedy and defense that is case then it is the duty of the lawyer to
authorized by the law of the land, and he inform the client or be candsid with client
may expect his lawyer to assert every such that you ahve no case for lack of merit. If
remedy or defense. you feel that the client is filing a baseless
suit you can decline presentation because if
This means that in representaiotn of his
you wil continue represrnting that client in
client, the lawyr must only avail of the
that civil case you are violating the rules of
remedies provided under the riules of court
coiurt. Remember the signature of a lwyer in
and should not resort to illegal means to win
the pleading signifies three things; he has
the xase,
read the pleading, it has good cause to
support the pleading, not interposed for
delay.
The advocy for the client is to be performed
within and nor without the bounds of the law. In criminal cases- the lawyer should
The office of an attorney does not permit, defend the accused by all fair and
much less does it demand of him for any reasonable means that the law permits
client, violation of law or any manner of regardless of hi personal opinion as to
fraud. the guilt of the accused.
The lawyer if he represents the accused
must see to it that his client is afforded with
A lawyer should do his best efforts to
due process not withstanding to his opinion
restrain and to prevent his client from
of the guit or innocence of his client.
perpetrating acts which he himself ought not
to do, particularly with reference to their
conduct toward courts, judicial officers and
Only Honorable, Fair and Honest Means
witnesses. If the client persists in such
shall be employed on the Maintenance of
wrongdoings, the lawyer should terminate
Cases. their relation.

1.A lawyer must not present and offer in


This rule requires the ;lawyer to terminate
evidence any document which he knows is
his relationship with the client in the event
false.
the latter falls or refuses to rectify the fraud.
2.A lawyer should not present a false
If in the course of the trial, the client insists
witness whom he knows will perjure.
on illegal means, the duty of the lawyer is to
3.A lawyer shall not file or threaten to file tell the client that what he is perpetrating to
any unfounded or baseless cases against do or is doing is not correct or illegal. Under
adversaries of his client. canon 15, rule 15.07, it is the duty of the
lawyer to impress to his clients compliance
4.A lawyer shall not do any falsehood nor of the law. If the client insists on this
consent to the doing or any in court, nor unlawful activity, then the recourse of the
shall he misleaad or allow the court to be lawyer is to withdraw.
misled by any artifice.

5.A lawyer shall not knowingly misquote the


contents of a paper , the text of a decision Rule 19.03 Duty to control proceedings
or authority nor shall he knowingly cite a
law a provision already rendered
inoperative bcause of repeal or amendment - Rule- in matters of law, it is the client who
, nor shall assert as fact something which should yield to the lawyer and not the other
has not yet been established. way around.

6.A lawyer shall not bribe or attempt to bribe With respect to the remedies to avail, under
a judge to win the case. rules of court, as to the strategies then its
the lawyers opinion who will prevail.
Precisely as to why the client engages in the
services of the lawyer for the lawyer to think
of the legal strategy.
Rule 19.02- Duty to rectify clients fraud
Authority of an attorney in the conduct of General Rule : Client is bound by attorneys
litigation conduct negligence and mistake in handling
a case or in and he cannot be heard to
complain that result might have been
1.A lawyer has authority to bind the client in different had his lawyer proceeded
all matters of ordinary judicial procedure. differently.
The lawyer, and not the client, is assumed
As the lawyer in fact, whatever action the
to have knowledge of the law and the rules
lawyer will do will bind the client. It is oint eh
of procedure. presumption that the lawyer with the
authority of the client is acting for the
interest of the client. That what he is doing is
2.On the subject matter of the case, it is the with the knowledge and consent of the
client who will have the final decision. client.

Exceptions:

Lawyers Authority to Compromise

1.) Where adherence thereto results in


outright deprivation of clients liberty or
General Rule: The lawyer has no
property or where interest of justice so
authority to compromise his clients
requires.
case.
2.) I g n o r a n c e , I n c o m p e t e m c e o r
inexperience of lawyer is so great and error
Reason: The Client, even if represented so serious that client, who has good cause
by counsel, retains exclusive control is prejudiced and denied a day in court.
over the subject matter of the litigation.
3.) Gross negligence lawyer.
Exception: The client can authorize his
lawyer to compromise his case, an the
settlement made by the lawyer will bind For example minghatag ug kwarta ang client
the client. sa lawyer for the filing of an appeal but the
lawyer misrepresented to the client that he
already filed an appeal so naghimo2 siya ug
receipt then the court of appeals dismissed
the appeal for failure to comply with period
Mistakes or Negligence of Lawyer
to file the brief. In that instance the client
Binding Upon Client
can raise the argument that the lawyer
negligence should not bind the client. In the
instance there was a deliberate intent on the Requisites for the right to attorneys fee
part of the lawyer.

1.Existence of attorney-client relationship


CANON 20- Duty to charge only fair and
2.Rendition by the lawyer of service to the
reasonable fees
client.

Thats the basis for the attorneys fees.


Rule 20.01 - Guide in determining attorneys
Reason for Adequate Compensation
fees
In the midterms we discussed about how the
legal profession is different from a business.
Rule 20.02- Division of fees in proportion to But a lawyer still has to earn his money. Lain
the work performed and responsibility sad ug gutom ka mag defend sa imo client
assumed. or singot ka inig adto sa court kay nagsakay
ka ug jeep.

A lawyer like all other human beings has


Rule 20.03 - Duty not to accept any fee or
a right to livelihood.
other compensation whatsoever related to
his professional employment from anyone That the practice of law is a profession
other than the client. and not a money-making trade does not
operate to deny a lawyer the right to
attorneys fees for his professional
Rule 20.04 - Duty to avoid compensation services. He has the right to have and
controversies with client. recover from his client a fair and
reasonable compensation for his
services, except in cases where he has
agreed to render service gratuitously.

It is necessary in order to enable the


Legal basis for attorneys fees
lawyer to server his client effectively and
to preserve the integrity and
independence of the profession. The
The fact of employment as lawyer by the
legal profession cannot remain a viable
client constitues the legal basis of the
force in fulfilling its role in our society
lawyers right to demand payment for his
unless the lawyer receives adequate
services. No formal contract is necessary to
compensation for his services.
effectuate employment.
A written agreement is necessary to So ang attorneys fees naa sa terms and
establish a clients obligation to pay condition sa written contract. While a written
attorneys fees. As long as the lawyer is contract is not necessary in the creation of
honestly and in good faith trying to serve the attorney-client relationship it is the best
and represent the interest of his client, an evidence to prove what you have agreed
absence of express undertaking does not upon with the client. This is for the
defeat recovery of fees. protection of both the lawyer and the client.

It is advisable for the benefit of both the Two concepts of attorneys fees:
lawyer and the client that as soon as they
have agreed on the engagement of the
former by the latter, the attorneys fees are 1.Ordinary - the reasonable compensation
immediately determined and fixed. This is to paid to the lawyer for the legal service he
avoid future misunderstandings which had rendered in favor of his client. The
usually arise when the client thinks low of basis of this compensation is the fact of
the value of the services of the counsel, and employment by the client.
the latter thinks high of his services, and no
one is expressing what is in his mind. This is what the lawyer is being
compensated for. So kung si client iyang i
engage si lawyer acceptance fee, attorneys
fee mao na.
Advantages of a written contract for
attorneys fees 2.Extraordinary - an indemnity for damages
ordered by the court to be paid by the
losing party to the prevailing party litigation.
1.An express valid contract stipulating for The basis of this is any of the cases
the compensation which the attorney is to authorized by law. (Article 2208, Civil Code)
receive for his services is generally held and is payable not to the lawyer but to the
conclusive as to the amount of client unless tehre is an agreement that the
compensation. award shall pertain to the lawyer as an
additional compensation or as part therof.

This is awarded by the court to the client


2.In case of receiver from the client full
and not the lawyer except if there is an
compensation stipulated in the contract.
agreement between the client and the
The law seeks to protect lawyers from
lawyer that the attorneys fees awarded by
unsrupulous and ungrateful clients who
the court will be given to the lawyer.
dismiss lawyers to avoid payment of
attorneys fees.

Attorneys fees as damages


1.Fixed or absolute fee - payable regardless
of the result of the case mura siya ug
General Rule : Attorneys fees as damages
package
is not recoverable because it is not the fact
of winning that ipso facto justifies the award 2.Contigent fee - that which is conditioned
but the attendance of any of the special on the securing of a favorable judgement
circumsatnces. and recovery of money or property and the
amount of which may be on a percentage
basis. Maka claim ra ka kung favourable
Exceptions: Article 2208 of the NCC. judgement

3.Fixed fee payable per appearance

4.Fixed fee computed by the number of


hours spent
Kinds of Retainer Agreement
5.Fixed fee based on piece of work

6.A combination of the above arrangements


1.General Retainer - It is the fee paid to a or an entirely different agreement not
lawyer to secure his future services as contrary to law, public morals or public
general counsel for any ordinary legal policy.
problem that may arise in the ordinaryb
usiness of the client and reffered to him for There is no hard and fast rule as to the
legal action. The client pays fixed retainer arrangement of the payment of attorneys
fees, which could be monthly or otherwise. fees. If the attorneys fees are
The fees are paid wheter or not there are unconscionable or unreasonable that it can
cases referred to the lawyer. be a subject of a review in the court.

The client can ask any issue not in a


pending case. day to day issue Rule 20.01- Guide in determining
2.Special Retainer - fee for a specific case attorneys fees
pr service rendered by the lawyer for the
client.
a.TIme spent and extent of services
Engagement is with respect to a specific
rendered or required. So if you have to
case, pending in the court or a tribunal. spend so much time in studying the case
records

Kinds of paymeont that may be b.Novelty and difficulty of questions


stipulated upon involved. For example ang issue sa imo
client involves public international law so
you need to search for foreign
jurisprudence. Or conflict of laws. Pwede
nimo ingnon na because of the complexity
1.Services are performed. For example wala
of the case the acceptance fee is this.
kay gibuhat then ayaw ug expect to be
c.Importance of subject matter paid.

d.Skill demanded of the lawyer 2.Justified dismissal of the attorney. Ang


lawyer ming pabor sa pikas so the client
e.Probability of losing other employment
can dismiss the lawyer without paying
f.Customary charges for similar services and anything.
benefits resulting to the client from the
3.S t i p u l a t e d a t t o r n e y s f e e s a r e
sevice.
unconscionable. Usurious ra kayo ang
g.Amount involved in the controversy and amount.
benefits resulting to the client from the
4.Stipulated attorneys fees are in excess of
service.
what is expressly fixed by law. In labor it is
h.Contigency or certainty of compensation 10% attorneys fees if you agreed 50% then
that is in excess to what is provided by law.
i.Character of the employment, whether
occasonal or established. 5.When the lawyer is guilty of bad faith or
fraud toward his client in the matter of is
j.Professional standing of the lawyer. employment.

6.Counsels services were worthless


because of his negligence.
None of the factors is controlling but are
guides only. 7.Contract of employment is illegal, against
morals or public policy.

8.Serving adverse interest, unless he acted


The mere fact that an agreement had been
with the consent of both parties.
reached between attorney and client fixing
the amount of the attorneys fees does not
insulate such agreement from review and
modification by the Court where the fees Quantum Meruit
clearly appear to be excessive or
unreasonable.
This means as much as the lawyer deserves
or such amount as his services merit.
Situations when counsel cannot recover
full amount despite a written contract for
attorneys fees - It is fixed by the court.
This will apply if there is no contract as to 1. It is one where the 1. It is one where the
the attorneys fees. Then the court will fix as lawyer is paid for his lawyer stipulates with
services depending on his client in the
to the extent of the work rendered by the the sucess of the case. prosecution of the case
lawyer. This will also apply if the amount is ` that he will bear all the
unreasonable. expenses for the
recovery of things or
Some instances of recovery of attorneys property being claimed
by the client, and the
fees on the basis of quantum meruit. latter agrees to pay the
former a portion of the
thing or property
recovered as
1. No express contract for payment of compensation. It is void
attorneys fees. for being against public
policy.
2. Amout stipulated is unconscionable.

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


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

5.Lawyer and client disregard the contract


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

If there are two or more lawyers handling


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

- This is not in the nature of a brokers


commission.

Lawyer- Referral System

Under this system, if another counsel is


referred to the client and the latter agrees to
take him as collaborating counsel, and there General Rule : A lawyer should avoid the
is no express agreement on the payment of filling of any case against a client for the
attorneys fees, the said counsel will receive enforcement of attorneys fees. (Filling of
attorneys fees in proportion to the work cases against clients is unwise because in
performed and responsibility assumed. The the process, the lawyer loses the clients
lawyers and the client may agree uppon the aside from suffering a broken reputation of
proportion but in case of disagreement, the being monet -oriented)
court may fix the proportional division of
fees.
Exception:

(1)to prevent injustice

Rule 20.03 - Duty not to accept any fee or


other compensation whatsoever related (2)to prevent fraud.
to his professional employment from any
one other than the client.
Where and How may attorneys fees be
claimed by the lawyer?
Rationale: It is intended to secure the fidelity
of the lawyer to his clients cause and to
prevent a situation in which the receipt of
1.In the same case- it may be asserted
him of the rebate or commission from
either in the very action in which the
another with the clients case may interfere services of a lwayer had been rendered; or
with the full discharge of his duty to his
client.

2.In a separate civil action - apetition for


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

Pena vs Aparicio Petitioners of this case are the heirs of the


original client of the subject lawyers. The
The lawyer writing a letter to the lawyers are counsel for the brother in law
complainant of this case. The letter is the and the sister. In this partition proceedings,
subject of the administrative proceedings. the clients agreed as to the attys fees of a
Complainant is the president of a certain 97.5, nya ang property is 271. So ang sabot
company, which was sued for illegal sa lawyer ug ang iyang sister, ang 97.5 na
dismissal case for an employee that was properties sa lawyer nya ang remaining
represented by the respondent lawyer. In portion, naay usurfuctory rights ang iyang
that labor proceedings, the employee anak for 10 years. So mao ni ang sabot nila
demanded payments but the company and it is approved by the court in the lower
through its president denied it alleging there court proceedings. Later on, when they
was valid dismissal. died, the heirs complained that the claims of
their uncle is unreasonable and subra na.
The lawyer in this case wrote a letter to the
walay ma ilaha.
company, saying that you should pay this
otherwise we will file against you and ask So they asked the court to set aside that
more from the company. So iyang gi threat. agreement and determine the reasonable
And based on that letter, the president of the compensation for the lawyer. SC said,
though its stipulated in the contract and way
intimidation or duress, attys fees should
always subject to the review of the courts.
Especially with the stipulated amount is
unreasonable.

Bautista vs Gonzales

Properties subject to litigation and the


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

Sesbreno vs CA

This started off by a labor case in which they


won. They sued the province of cebu. And
instead reinstatement, they filed for
separation pay and backwages. They
agreed to pay the amount of 60% on back
salaries to the employees. The court
lowered it to 50% but this is already from all.
Katong 60% backwages ra to, but the court
said that 50% mao nana ang on all th
money claims. Wa na kuntinto si atty, ni
saka siya sa CA. gi lower sa CA to 20%.
Bsag notarized pana inyong kasabotan, it
wont matter. The court can always review
and modify that if its found unreasonable.
February 16, 2017 Discussion Rule 21.07 Duty not to reveal that he
was consulted

(So, it is his duty to preserve such information The protection given to the client is
and not to disclose to third persons except on perpetual and does not cease with the
those instances wherein he is authorized under termination of the ***affected by the party
the rules like when there is consent by the client ceasing to employ the attorney and employ
after full disclosure of the facts. You also have another or any other change of *** between
there the duty on the part of the lawyer to see to them. It even survives the death of the client.
it that his staff in the office will not also disclose
information given by the client. And usually, the Rationale behind the prohibition *** (di jud
complainant in this kind of case is usually the maklaro kay blue ang background and
client whose interest is protected by this hanap) (So you have there the reason for the
attorney-client privilege communication. So, the prohibition, in order to protect the lawyer from
client, the complainant, has the burden of proof unfounded suspicion of malpractice and also to
to show that there was this violation of the prevent dishonest practitioners from fraudulent
attorney client privilege communication and for it conduct. And then under this canon you also
to be appreciated, the complainant must be able have there the terms which were defined by the
to prove the elements. Number 1 is that there SC
must be an existence of the attorney-client
relationship or some form of consultancy Confidence it refers to the information
relationship. And then you have there the protected by the attorney-client privilege.
information was given to the attorney-client
relationship and the third requisites is that the Secret it refers to other information gained
information was intended t be confidential. So in the professional relationship that the
these are the elements that must be present in client has requested to be held *** of which
order for the attorney-client privilege rule to would be ***
apply.)
Confidential communication information
Canon 21 Duty to preserve the clients transmitted through voluntary act of
confidence and secrets disclosure between attorney and client in
Rule 21.01 Duty not to reveal the
confidence and by means of which, so far as
confidences or secrets. Exceptions the client is ***
Rule 21.02 Duty not to use
information received in the courts of (Again, an element of the attorney-client
employment privilege is that an information given to a lawyer
Rule 21.03 Duty not to give
is intended to be confidential. So if the
information to outside agency information is given by the client to the lawyer
Rule 21.04 & 21.05 Duty to protect
was intended to be communicated by the lawyer
from disclosure during the mediation of the case, then such
Rule 21.06 Duty to avoid indiscreet
information is not covered by that rule because
conversation he can disclose that to third persons. Likewise,
an information given by the client which are to
be stated and alleged in the pleading. So, that is 4. In cases of contemplated crimes or
not confidential because that is to be submitted perpetuation of fraud.
to the court subject to the appreciation of the
court and also the copy furnish of the other (Which we discussed before during our
party. So it is not covered by the attorney-client discussion under canon 15 on privilege
privilege.) communication)

Requisites for the attorney-client privilege: Rule 21.02 Duty not to use information
1. There exists an attorney-client received in the course of employment
relationship or a kind of consultancy
relationship with a prospective client. General Rule: a lawyer who acquired
That is, legal advice is what is sought. information from a client in the course of his
This includes persons appointed as legal employment, is prohibited from making
counsel de officio. use of such information, whether it is
privileged or not, to the (a)disadvantage of
2. The communication was made by the his client, or (b) to the lawyers own
client to the lawyer in the course of advantage, or (c) to the advantage of a third
the lawyer s professional person.
employment, and
Exception: if the client with full knowledge of
the circumstances consents to the use
3. The communication must be intended
thereof.
to be confidential.
Exception to the exception: in matters of
Rule 21.01 Duty not to reveal the
unprivileged information, the lawyer may be
confidence or secrets. Exceptions. judicially compelled to make a disclosure
even if the client objects.
Genral Rule: a lawyer shall not reveal the
confidences and secrets of his client.
(again, the lawyer is not at liberty to use or
disclose information on his benefit or to the
Exceptions: benefit of third persons or disadvantage of the
1. when authorized by the client after
client. Exception is just like rule 21.01 where
acquainting him of the consequences there is consent.)
of the disclosure
2. when required by law
Rule 21.03 Duty not to give information to
3. When necessary to collect his fees or outside agency
to defend himself, his employees or
associates, or by judicial action. In Rationale: The work and product of a lawyer,
case client files complaint against his
such as his effort, research, and thought,
lawyer or unreasonably refuses to pay
and the records of his client, contained in his
his fees, lawyer may disclose so files are privileged matters.
much of clients confidences as may
be necessary to protect himself or to
collect fees.
Exception: if the client gives his written professional employment. Reckless or
consent. imprudent disclosure of the affairs of his
clients may jeopardize them. Not every
(The lawyer can decline to give information member of the lawyers family has the proper
based on this duty. In one case, there is that orientation and training for keeping clients
government agency requiring the opening of the confidences and secrets.
five cabinets of the lawyer with respect to the
files of the client. The lawyer declined because (Aside from avoiding conversations which may
of the attorney-client privilege and the case was lead to disclosure of information, it is also the
decided in his favor. So we cannot disclose duty of the lawyer to avoid indiscreet
without the consent of the client.) conversation including at home which may lead
also to the disclosure of the information
Rule 21.04 & 21.05 Duty to protect from including husband or wife or uyab.
disclosure
But please take note that it is only the duty to
The rule is that the professional employment avoid. If it cannot be avoided (like imong
of a law firm is equivalent to the retainer of asawa kulit kayo), make it sure that you will not
the members thereof even though only one be caught because then again, it is your duty to
of the is consulted, conversely, the protect the interest of your client)
employment of one member of law firm is
generally considered as employment of the Rule 21.07 Duty not to reveal that he was
law firm. consulted

The lawyer is obliged to exercise care in General Rule: if a lawyer was consulted
selecting and training his employees so that about a particular case, and irrespective of
the sanctity of all confidences and secrets of whether or not he was thereafter hired as
his clients may be preserved. counsel, he should not reveal to others the
matter subject of consultation.
(This is with respect to firms on the duty to see
to it that the members of the firm also observe Exception: when the lawyer will be placed in
the attorney-client privilege rule. So, lawyers a situation of representing conflicting
and staff are to observe the rule in order to interests if he does not disclose the
protect the interest of the client.) consultation to the next person consulting
him on the same matter. Otherwise, if he
Rule 21.06 Duty to avoid indiscreet remains silent, he may be violating the ruler
conversation against representing conflicting interests.

A lawyer may not only preserve the See: Canon 14, Rule 14.03 and Canon 15,
confidences and secrets of his clients in his Rule 15.01
law office but also outside including his
home. He should avoid committing (Again, the attorney-client privilege will also
calculated indiscretion, that is accidental apply not only when the lawyer is engaged with
revelation of secrets obtained in his the client but also with respect to a prospective
client who asked for consultation form the who is a government official but he has
lawyer. Applies even if the lawyer is not later on private practice and you have there the
engaged by the person. so that lawyer is not at conditions, outside sessions and you
liberty to disclose matters discussed during the have there in case of civil and criminal
consultation. Exception is when there is conflict cases. So if your lawyer is a city
of interest. You tell him that you cannot entertain councilor, appointed or elected, the
him because of the same subject case.) attorney-client relationship is not
terminated but only restricted)
6. Full termination of the case;
Canon 22 Duty to withdraw services only 7. Disbarment or suspension of the
for good cause and upon notice lawyer form the practice of law; (if the
lawyer will continue, that is already
Rule 22.01 Good causes for unauthorized practice of law and a
withdrawal of services violation of Canon 9)
Rule 22.02 Duties of lawyers who 8. I n t e r v e n i n g i n c a p a c i t y o r
withdraw; retaining lien incompetency of the client during the
pendency of the case, for then the
Termination of Attorney-Client Relationship: client loses his capacity to contract,
1. Withdrawal of the lawyer under Rule or to control the subject matter of the
22.01; action;
2. Death of the lawyer, unless it is a law 9. Declaration of the presumptive death
firm, in which case, the other of the lawyer, and
partners/lawyers may continue with 10. C o n v i c t i o n f o r a c r i m e a n d
the case; (if it is the firm, then it will be imprisonment of the lawyer for quite
the next lawyer of the firm who will fill in some time.
the shoes of the deceased partner or
associate) While the right of the client to terminate the
3. Death of the client; (because lawyer- relation is absolute, the right of an attorney
client relationship is strictly personal but to withdraw or terminate the relation other
with respect to privileged than for a sufficient cause, is considerably
communication, it will survive the restricted.
attorney-client relationship. Dili pasabot
nga namatay imong client, you are free Among the fundamental rules of ethics is the
to disclose the information given by your principle that an attorney who undertakes to
client. It survives the client(?).) conduct an action impliedly stipulates to
4. Discharge or dismissal of the Lawyer carry it to its termination. He is not at liberty
by the client; to abandon without reasonable cause.
5. Appointment or election of a lawyer to
a government position which Right of client to terminate relation with
prohibits private practice of law; (if he counsel absolute, but not vice versa.
is still qualified to practice private law, (Meaning, the client may or may not have a valid
meaning with restrictions, then he may reason to terminate. The reason may be based
still do so. Example is a city councilor on whims and caprices only. Di nako nimo
attorney kay puol na kay kag nawng. Mangita Change of counsel:
kog gwapo. It can be done. But with respect to 1. Client discharges attorney with or
the lawyer, it cannot be done and cannot easily without cause, no consent or notice
withdraw his representation. He must first to lawyer needed, nor court approval.
secure the consent of the client especially if 2. Attorney may initiate move by
there is a pending case and file the necessary withdrawing his appearance with
things in court like notice of withdrawal as written consent of client or with leave
counsel containing the consent of the client. of court on some justifiable ground.
3. Substitution of counsel in the form of
If he cannot get the consent of the client, then application for that purpose
he must file a motion in court for the court to constitutes an appearance of the
grant the withdrawal and in that motion, he will substituting counsel and is a polite
cite the reasons like different strategies in way of effecting change, compliance
handling the case or those as provided in Rule with formalities is necessary since it
22.01) involves ethical considerations.

Rule 22.01 Good causes for withdrawal of Requirements for substitution:


services 1. Written application for substitution
a. Client pursuing an illegal or immoral 2. Written consent of client
course of conduct. (Just like what we 3. Written consent of attorney to be
discussed in Canon 19, the duty of the substituted
lawyer to rectify clients fraud. So if the
client will not rectify, then the next thing In case written consent of attorney cannot be
that the lawyer can do is to withdraw secured, proof of service of notice of
from the case.) application upon attorney to be substituted.
b. Clients insistence that lawyer (the same must be submitted to the court)
pursues acts violative of the canon
and rules. In case of death of original attorney,
c. Inability of lawyer to work with co- additional requirement of verified proof of
counsel. (mostly the clashing of legal death necessary. (death certificate)
strategies and differences in legal
opinion) (So you have there the valid reasons for the
d. Mental and physical inability of lawyer to withdraw representation for the client.)
counsel to handle case effectively.
e. Clients deliberate failure to pay Rule 22.02 - Duties of lawyers who withdraw;
attorneys fees agreed upon. (must be retaining lien
malicious) 1. Immediately turn-over all papers and
f. Election or appointment of lawyer to property to which the client is
public office. (absolute prohibition entitled; and
because there are some that are only 2. To cooperate with his successor in
restricted) the orderly transfer of the case.
g. Other similar cases
(Once the lawyer will withdraw from the case, it
is his duty to see to it that there is a smooth 2. Charging Lien (special lien) a right
transition. So he will account the money and which the attorney has upon all
property of the client and once this is complied, judgments for the payment of money
he will turn-over the same to the client or to the and executions issued in pursuance
new lawyer of the client. You will also inform the thereof, secured in favor of his client.
new lawyer of the last status of the case as a Covers only services rendered by
professional courtesy so that the next lawyer will attorney in the action in which the
be prepared and will have an idea of the judgment was obtained and takes
progress of the case. effect only after a statement of claim
has been entered upon record of the
With respect to the turn-over of records, under particular action with written notice to
this canon also, the lawyer can retain the h i s c l i e n t a n d a d v e r s e p a r t y.
records of the client until he is paid his (Contemplates of a case involving sum
attorneys fees. It is possible that he was of money wherein the lawyer will make
terminated by his client but his client still has known that he is charging or he is
pending unpaid fees. So he can hold on to the demanding for the payment of his
documents where you can only turn-over the attorneys fees. Contemplates a pending
documents to the new lawyer once the pending case handled by the lawyer for the client)
fees are already paid, and he can validly do that
under the CPR and under the Rules of Court on Requisites for validity of retaining lien:
the concept of retaining lien.) 1. Attorney-client relationship;
2. Lawful possession by lawyer of the
Lawyers withdrawal or discharge shall be clients funds, documents and papers
without prejudice to his attorneys lien in his professional capacity; (freely
given by the client and not kinawat nya gi
Purpose of Rule 22.02 (lawyer entitled to hostage ang documents)
retaining lien) and Rule 16.03(or 15.03? di 3. Unsatisfied claim for attorneys fees
maklaro) (lawyer entitled to retaining and or disbursements.
charging lien) to insure payment of lawyers
professional fees and the reimbursement of Requisites for validity of changing lien:
his lawful disbursements in keeping with his 1. Attorney-client relationship
dignity as an officer of the court. 2. Attorney has rendered services
3. Money judgment favorable to the
Kinds of liens: client has been secured in the action
1. Retaining Lien (general lien) the 4. Attorney has a claim for attorneys
right of an attorney to retain the fees or advances
funds, documents and papers of his 5. Statement of his claim has been duly
client which have lawfully come into recorded in the case with notice
his possession until his lawful fees thereof served upon the client and
and disbursements have been paid adverse party
and to apply such funds to the
satisfaction thereof.
Retaining Changing Lien 5. Notice Client need Client and
Lien not be adverse party
notified to must be notified
1. Nature Passive lien. Active Lien. It make it to make it
It cannot be can be enforced effective. effective.
actively by execution. It is
enforced. It a Special Lien. (so 6 . May be Generally, it is
is a General you have to do Applicabil exercised exercisable only
lien. (so something) ity before when the
once you judgment or attorney had
received the execution or already secured a
documents, regardless favorable
you can thereof. judgment for his
exercise the client. (but you
retaining can make known
lien) your claim before
the judgement in
2. Basis Lawful Securing of a that pending case)
possession favorable money
of papers, judgment for the
documents, client. (case
property involving
belonging to judgment of
client. money because if E. Suspension, Disbarment and Discipline of
the case does not Lawyers
involve a
judgment for
money, you cannot Nature and Characteristics of Disciplinary
enforce your Actions against Lawyers:
charging lien)
3 . Covers only Covers all Note: right to practice law being just a
Coverage papers, judgments for the privilege is burdened with conditions.
documents payment of
and money and Practice of law is not a natural or
property in executions issued constitutional right but is in the nature of a
the lawful in pursuance of privilege or franchise.
possession such judgments.
of the (judgment
attorney by involving money) Membership in the Bar being merely a
reason of his privilege, the same may be suspended or
professional removed from the lawyer for reasons
employment
. provided in the Rules of Court, law, and
jurisprudence.
4 . As soon as As soon as the
Effectivit the attorney claim for
y gets attorneys fees
possession had been entered
of the into the records
papers, of the case.
documents (notifies the client
or property. and the other
party)
February 21, 2017 Discussion The continuing requirements for the lawyer
to practice law.
Legal Ethics Feb 21
- good moral character -MCLE
Nature and Characteristics of Disciplinary -payment of the IBP dues -payment of the
Actions against Lawyers PTR

Note: Right to practice law being just a So if the lawyer no longer possess the good
privilege is burdened with conditions. moral character then that lawyer can be
Practice of law is not a natural or suspended or disbarred by the SC.
constitutional right but it is in the nature of a
privilege or franchise. The nature of the power to discipline

Membership in the bar being merely a The power to discipline a lawyer is


privilege, the same may be suspended or JUDICIAL in nature and can be exercised
removed from the lawyer for reasons only by the courts. It cannot be defeated by
provided in the Rules of Court, law and the legislative or executive departments.
jurisprudence. The authority of the Supreme Court to
discipline lawyers is rooted in its
Suspension, Disbarment, and Discipline of constitutional prerogative to regulate
Lawyers practice of law and the admission of persons
to engage therein.
Based on jurisprudence the practice of law
is not a constitutional right neither a The authority of the SC to discipline is by
statutory right but it is a privilege which can virtue of the provision on the Constitution,
be withdrawn by the SC if the under Article 8, which specifically mandates
person(lawyer) is no longer fit to practice the and admits power to the SC to regulate the
profession. If he does not possess all the admission to the practice of law. A part of
requirements for it to continue the practice that regulation is to discipline those who are
of law then he can be suspended or worst admitted to the bar and to suspend or disbar
he could be disbarred by the SC. He could these persons if they no longer possess the
no longer practice. requirements.

Purpose of disciplining lawyers Powers of the Supreme Court with regard to


the discipline of errant lawyers
To ascertain that a lawyer still possesses
those qualifications which are conditions The supreme court has the full authority
precedent for the continuous practice of law and power to:
and; to deter others from similar misconduct,
to protect the court and the public from the o Warn
misbehaviour of its officers. o Admonish
o Reprimand
o Suspend counselling on a fault, error or oversight, an
o Disbar an lawyer (Rule 138, Sec. 27, expression of authoritative advice
ROC) o Interim suspensions (meaning the
lawyer is suspended while the investigation Reprimand - A public and formal censure or
is pending) severe reproof, administered to a person at
o Probation (IBP Guidelines) wherein the fault by his superior officer or the body to
lawyer while may be found guilty of which he belongs
infractions may be allowed to continue
Censure - Official reprimand
practice law subject to certain conditions.
Suspension - Temporary withholding of a
Powers of the Court of Appeals and the
lawyers right to practice his profession as a
Regional Trial court with regard to the
lawyer for a certain period or for an
discipline of errant lawyers
indefinite period of time.
They are also empowered to:
a. Definite - where there is a period,
o Warn specified by the SC wherein the lawyer has
o Admonish o Reprimand to serve the suspension (e.g 1 month, 6
months, 1 year). It is up to the gravity of the
o Suspend a lawyer from practice for any of offense and the attendant facts of the case.
the cases named in Sec. 27, Rule 138 of the
ROC until further action of the Supreme b. Indefinite- qualified disbarment, lawyer
Court in the case. (Sec. 16, Rule 139- B of determines for himself how long or how
ROC) short his suspension shall last by proving to
court that he is once again fit to resume
o Note: they cannot disbar a lawyer practice of law.

Lower courts can also warn, admonish or Until he has shown that he is fit to practice
suspend but they cannot disbar. It is only the the profession, so ang indefinite suspension
SC who can disbar a lawyer. So if the lower mura rasad ni ug disbarment kay wa ka
courts have to suspend a lawyer, the order kibaw ug kanus a mahuman but you could
of suspension will have to be reviewed by always ask for the reinstatement or the
the SC based on the provisions of the Rules lifting of the indefinite suspension. If you feel
of Court. and if you have proof that you have
reformed.
Forms of disciplinary measures
Disbarment - Act of the supreme court in
Warning - An act of putting one on his guard withdrawing from an attorney the right to
against an impending danger, evil, practice law. The name of the lawyer is
consequence or penalty stricken out from the roll of attorneys.

Admonition - A gentle or friendly reproof,


mild rebuke, warning, reminder, or
This is the supreme penalty that can be 4. To set an example or warning for the
given by the SC against a lawyer who is other member of the bar
subject of disciplinary action. `
5. To safeguard the administration of justice
Interim Suspension - The temporary from dishonest and incompetent lawyers;
suspension of a lawyer from the practice of
law pending imposition of final discipline. 6. To protect the public

Probation - A sanction that allows a lawyer May a lawyer be suspended or disciplined


to practice law under specified conditions for his misconduct in his private capacity?

Main Objectives of Disbarment and General rule: NO.


suspension
Exception: if the misconduct is so GROSS
1. To compel the attorney to deal fairly and as to show him to be wanting in moral
honestly with his clients; character, honesty, probity and demeanor.
Gross misconduct, although not related to
If the lawyer commits acts which are the discharge of his professional duties as
violative to Canons 15-22 then he could be member of the bar, which puts his moral
subject to disciplinary action by the court. character in serious doubt, renders him unfit
With that possibility that he may be subject to continue in the practice of law.
to a suspension or disbarment proceeding
the lawyer may be constrained and As a rule, the lawyer cannot be subject to
compelled to deal fairly and honestly with disbarment proceeding with respect to
their clients. In fact it is the duty under transactions in his private capacity.
Canon 15 to be honest, candid and fair to
the clients. Also, under CANON 18, the duty Except, if the acts or omissions committed
to be involved the cause of the client and by the lawyer in his private business may in
not to neglect legal matters entrusted by the those transactions not in any were related to
clients. the practice of law. If these acts will show
that he no longer possess the requirements
2. To remove from the profession a person of (e.g good moral character) then he can
whose misconduct has proved him unfit to be subject to disciplinary action by the court.
be entrusted with the duties and
responsibilities belonging to the office of an As shown in the cases under Canon 1,
attorney. wherein the lawyer will issue bouncing
checks in private transactions ( lawyer and
3. To punish the lawyer although not so at the same a businessman) then ang rule
much as to safeguard the administration of kay di siya ma discipline BUT based on
justice jurisprudence that the issuance of bouncing
checks as well as the conviction of the
offense in violation of BP 22 these are
considered crimes involving moral turpitude. real evidence against the respondent lawyer
So under canon 1, lawyers can be with respect to the charges.
suspended or disbarred by the SC for
violation of BP 22 even if the issuance of the Not a criminal prosecution because it is not
means as a punishment depriving him of
check is not connected to the practice of source of livelihood but rather to ensure that
law. those who exercise the function should be
competent, honourable and reliable so that
Just like the case where the lawyer who the public may repose confidence in them.
rented an apartment, according to
complainant sneak out without paying the 2. The defense of double jeopardy cannot
rent. But the allegation that she doesn't be availed of in a disbarment proceeding.
know the address of the owner of the
property. So that is not in any way related to 3. It can be initiated motu proprio by the
the practice of law but still the lawyer was supreme court or by the IBP. It can be
disciplined by the SC. initiated without a complainant.

Characteristics of Disbarment proceedings As long as the SC has knowledge in the


infraction, misconduct or omission
1. Sui generis- neither a civil or a criminal committed by the lawyer then the SC can on
proceeding. It does not involve a trial of an its own initiate the disbarment or
action or a suit, but is rather an investigation proceeding.
by the court into the conduct of one of its
officers. Exemplified in the case where the lawyer
made an advertisement claiming the he is
Not a civil action because there is neither a an "annulment marriage specialist". A staff
plaintiff nor respondent, and involves no of the SC called the number and it was
private interest. The complainant is not a determined that the lawyer offers these
party and has no interest in the outcome services. So the SC initiated the disbarment
except as all citizens have in the proper proceeding without a private complainant in
administration of justice. There is no redress that regard.
for private grievance.
4. It can proceed regardless of interest or
- not a civil case because it will not afford lack of interest of the complainants, if the
relief to the parties, except claims or in facts proven so warrant.
restitution of any money that was given by
the client to the lawyer. - Affidavits of desistance executed by the
complainant in the disbarment proceeding or
- the complainant in the disbarment withdrawal of the complaints made will not
proceeding will act merely as a witness that affect the disbarment proceeding. The SC or
can be utilized by the SC in establishing the IBP can still proceed with the investigation
despite the compromise of the parties.
-Because one of the objectives of a court then that his choice and it will be to his
disbarment proceeding is for the SC to prejudice.
determine if the person it authorizes to
practice law has still the requisites and still - So it is not automatic that whenever there's
fit to practice the profession. Again the a complaint for suspension or disbarment
practice of law is a privilege which can be then he will be declared suspended or
withdrawn anytime by the SC. disbarred right away. Due process must be
complied.
5. It is imprescriptible.
8. Whatever has been decided in a
- The lawyer cannot raise a defense of disbarment case cannot be a source of right
prescription. Even if the misconduct was that may be enforced in another action.
committed 50 years ago still the SC can
proceed with the disbarment if there are - So in a disbarment case the SC will say
evidences to support the charges. that the lawyer is entitled to attorney's fees
but not taking of the amount that still
6. It is conducted confidentially. stipulated in the contract because it's
unreasonable. But on the attorney's fees
- So while the investigation is pending, it is that will be determined by the parties in the
not made public UNLESS there's already a civil case, the lawyer may still have to file
decision rendered by the court. the collection case against the client and
we'll have to establish the attorney's fees
-while the investigation is on going, it is
that is due on him. It is not automatic and he
considered to be confidential because this is
cannot rely on the pronouncement in the
for the protection of the parties and to
disbarment proceeding. But again the
ensure that there's a smooth conduct of the
purpose of which is not to afford relief to the
investigation without the intervention of side
parties, the purpose is to determine if the
parties or media.
person admitted to the bar is still fit to
7. It is in itself due process of law. continue in the practice of the law.

-because the respondent lawyer will be 9. In pari delicto rule is not applicable.
given the opportunity to be heard when he
- A principle in civil law wherein a party must
will be required to file his answer to the
come to court in clean hands and the court
complaint. If necessary he will be required to
will not take action when both parties are
be present in the hearing and to file position
guilty.
paper so he will be able to put up his
defenses. -The in pari delicto will not apply as
exemplified in the case involving a lawyer
-However, if he will not participate despite
who once was a NBI agent who went into an
receipt of the notice given by the IBP or the
extra marital affair with the co worker in the
NBI office and he alleged that the woman is
also guilty because she knew that he was pleading. So the SC can include in the
already married. The SC said that in pari decision the return of the amount which is
delicto principle will not apply in disbarment for the filing of the pleading because that
proceedings. was given with respect to handling of a legal
matter for the client.
10. No prejudicial question in disbarment
proceedings. -Monetary claims which are outside the
handling of a legal matter by the lawyer who
- In the case of Guevarra V Eala, the SC is not to be afforded to the complainant in
mentioned that despite the pendency of the the disbarment proceeding.
civil case (because in that proceeding the
respondent lawyer alleged that he already Effect of desistance, withdrawal of complaint
filed an annulment of the marriage so he or non- appearance of complainant in
contended that the disbarment proceeding disbarment proceeding
should be suspended) the disbarment
proceeding can proceed on its own because The desistance or the withdrawal of the
there is no prejudicial question. complainant of the charges against a judge/
lawyer does not deprive the court of the
11. Penalty in a disbarment case cannot be authority to proceed to determine the matter.
in the alternative. Nor does it necessarily result in the
dismissal of the complaint except when, as
_ pasabot ana kay di ka pwede mo ingon na a consequence of the withdrawal or
suspended for 6 months or disbarred. The desistance no evidence is adduced to prove
penalty should be definite either suspended the charges.
or disbarred.
General rule: No investigation shall be
12. Monetary claims cannot be granted interrupted or terminated by reason of the
except restitution and return of money and desistance, settlement, compromise,
properties of the client in the course of the restitution, withdrawal of the charges, or
lawyer- client relationship. failure of the complainant to prosecute the
same; (It will not affect the disbarment
-If the lawyer contracts a loan with the client,
proceeding)
in the resolution of the disbarment
proceeding the SC will not order the Exception: Unless the Supreme Court motu
restitution of the amount being known by the proprio or upon recommendation of the IBP
lawyer to the client. The client has to file a Board of Governors, determines that there is
separate civil case for the collection of no compelling reason to continue with the
money. disbarment or suspension proceedings
against the respondent. (specially if there is
Exception is for example the client gives
no more evidence to support the
money to the lawyer for the filing fees and
charges( e.g the testimony of the
the lawyer has not filed the required
complainant is vital to the establishment of (If it involves a novel issue or for the
the charges against the respondent) education of the bench and the bar then it
can still proceed with the investigation. Also,
Three-fold purpose of the confidentiality of it can still proceed may be to clear the name
the proceedings of the respondent lawyer.) It's up to the
supreme court.
1. To enable the court to make its
investigation free from any extraneous No prejudicial question to disbarment
influence or inference. proceedings
2. To protect the personal and professional
reputation of attorneys from baseless Reasons:
charges of disgruntled , vindictive and
irresponsible persons or clients by 1. There is no provision in the constitution,
prohibiting the publication of such charges the statutes or the Rules of Court which
pending their final resolution; and supports the application;
2. In a criminal case, it is the duty of the
3. To deter the press from publishing the prosecution to prove that the accused is
charges or proceedings based thereon for guilty beyond reasonable doubt of the crime
even a verbatim reproduction of the
complaint against an attorney or newspaper charged, which is not so in a suspension or
may be actionable. disbarment proceeding where only clearly
preponderant evidence is required.
Note: the confidentiality of the proceedings
is a privilege which may be waived by the 3. An accused in a criminal case may
lawyer or whom and for the protection of escape conviction not necessarily on the
whose personal and professional reputation ground the he did not commit the acts
it is vested, as by presenting the testimony charged in the information;
in a disbarment case or using it as
4. It is not sound judicial policy to await the
impeaching evidence in a civil suit.
final resolution of a criminal case before we
Exception: If there's a waiver on the part of may act on a complaint or information
the lawyer or the parties involved thereto. against a lawyer and impose the judgement
appropriate to the facts. (in re: Briliantes, 76
Effects of a lawyers death during the SCRA 1; Yu v Atty. Palana, 14 jUly 2008.)
pendency of disciplinary action against him
Prejudicial question will not apply in
1. Renders the action moot and academic disbarment proceedings. There is no
2. But, the court may still resolve the case provision in the constitution nor in the rules
on its merit in order to clear publicly the of court or any law which authorizes the
name of the lawyer. deferment of the disbarment proceeding
when there is a pending civil or criminal
case that's why the disbarment can proceed The grounds are not exclusive. The SC can
(sui generis) take into consideration other grounds for
suspension or disbarment.
Then the burden of proof also is different.
Proof beyond reasonable doubt in a criminal Note: the court has disbarred or
cases but here it is only the substantial suspended lawyers for reasons not found in
evidence. Also, there is a policy that it is not the statue as when their acts are contrary to
good to wait for the outcome of the criminal honesty or good moral or do not
and civil case before one can proceed with approximate the highest degree of morality
the disbarment. Kay if mao ng styla then and integrity expected of the members of
ang buhaton sa abogado kung kihaon siyag the bar. (sta. Maria v tuazon, ac no. 396, july
disbarment, ikiha siyag dali dali ug civil or 31, 1964)
criminal para dili ma padayun ang
disbarment. Mas dali mahuman ang Other statutory grounds for suspension or
disbarment kaysa civil ug criminal. disbarment of members of the bar

Grounds for disbarment 1. Acquisition of interest in the subject


matter of the litigation, either through
1. Deceit purchase or assignment (art. 1491, new civil
2. Malpractice, or other gross misconduct in code)
office
3. Grossly immoral conduct -This a void transaction and the lawyer
4. Conviction of a crime involving moral could be subject to disciplinary action by the
turpitude court.
5. Violation of oath of office 2. Betrayal of trust, revelation of secrets (art.
6. Wilful disobedience of any lawful order of 209, revised penal code)
a superior court
-Aside from the criminal case the lawyer
7. Corrupt or wilful appearance as an could also be subject to disbarment
attorney for a party to a cause without proceedings
authority to do so 3. Conflict of interest (art. 209, revised penal
code)
Are the ground for disbarment exclusive?
Disbarment or suspension of a Filipino
No. A lawyer may be removed from the lawyer in a foreign country; effect in the
office or suspended from the practice of law Philippines
on grounds other than those specifically
p r o v i d e d i n t h e l a w. T h e s t a t u t o r y The disbarment or suspension of a
enumerations is not to be taken as a member of the Philippine Bar by a
limitation on the general power of SC to
competent court or other disciplinary agency
suspend or disbar a lawyer. (in re: puno, AC
in a foreign jurisdiction where he has also
no. 389, Feb. 28, 1967)
been admitted as an attorney is a ground for investigators from the lower court or a
his disbarment or suspension if the basis of practitioner.
such action includes any of the acts
provided for in Section 27, rule 138 of the Where and how instituted?
Revised Rules of Court . (in re: Suspension
Proceedings for the disbarment,
from the practice of law in the territory of
suspension, or discipline of attorneys may
guam of atty. Leon c. Maquera, 435 SCRA
be taken:
417 )
o By the supreme court motu proprio
If you are suspended there, it is possible
o Or by the IBP upon verified complaint of
also that you can be suspended here. The
any person. The complaint shall state clearly
condition is if the ground for suspension of
and concisely the facts complained of and
the lawyer in foreign jurisdiction also is
shall be supported by the affidavits of
covered under the provision of the rules of
persons having personal knowledge of the
court on the ground for suspension or
facts therein alleged and/or by such
disbarment by the lawyer here in the
documents as may substantiate said facts.
Philippines. But it is not automatic, there
(sec. 1, Rule 139-B, rules of Court)
must still be the observance of due process
of law. -The burden of proof rest with complainant.
He should prove that the lawyer committed
Procedure for the suspension, disbarment
the misconduct otherwise failure on the part
and discipline of lawyers
of the complainant to prove the charges will
O f fi c e r s a u t h o r i z e d t o i n v e s t i g a t e result to the dismissal of the complaint for
disbarment cases disbarment against the lawyer.

1. Supreme court Where to file?


2. IBP through its Commission on Bar
A complaint for disbarment may be filed
discipline or authorized investigators
directly in the Supreme Court, the IBP
3. Office of the solicitor general
National Office or in any of the IBP Chapter
These are the persons authorized to Offices in the Country.
investigate but its is only the SC who can
Note: the SC ordinarily refers to the
disbar and has the final say.
disbarment cases to the IBP for
- So OSG and IBP (only recommendatory) investigation, report and recommendation.
they can only recommend the suspension or However, referral of disbarment cases(filed
disbarment of the lawyer. with or initiated by the Supreme Court) to
the IBP is not mandatory.
-But usually the SC will delegate the
investigation to the IBP or some
When an IBP chapter receives a complaint, Suspension
the same will be referred to the IBP National 1 year or less
Office for Appropriate action. Exceeds 1 year
Fine
With respect to the process you may check Php 10,000.00 or less
the following provisions of the Rules of More than Php 10,000.00
Court Both Suspension and fine
If suspension exceeds 1 year or fine
Procedural steps for disbarment
exceeds Php 10,000
proceedings in the IBP- Rule 139-B
Disbarment
- It will start in the investigator or the
Disbarment
commissioner on bar discipline. To make an
investigation require the respondent lawyer Modifying Circumstances: The extent of
to file an answer and then a hearing and Disciplinary actions depend on the
from there a recommendation will be given attendance of mitigating or aggravating
subject to review by the Board of Governors. circumstances
It will then be affirm or modify the findings of
the investigator and the said findings of the Mitigating circumstances (lowers the
board of governors will be forwarded to penalty)
Aggravating circumstances( increases the
the SC for its approval. Ig abot sa SC they penalty)
will review it and they can either adopt or
modify the findings or totally make a new Mitigating circumstances
ruling.
Absence of a prior disciplinary
Procedural steps for disbarment Absence of dishonest or selfish Personal
proceedings in the Supreme Court- Rule or emotional problems
139-B
motive
Rules of Procedure of the Commission on
Bar Discipline of the IBP- BM No. 1755, Timely good fait effort to make restitution or
June 17, 2008 to rectify consequences of misconduct
Inexperience in the practice of law
Supreme Court: Rules on the imposition of
penalties (Resolution of the SC En Banc (but remember the case of Bulalacao, the
March 16, 1993) lawyer alleged that he is just new in the
practice of law and the bredawinner of the
Type of Punishment family. He pleaded that the penalty should
be lowered to admonition. The SC said that
Division (1 year or less) since you are new to the practice of law then
En Banc (exceeds 1 year or involves the provisions is still fresh in your mind. The
disbarmment)
circumstance was taken against him and is Conditional Pardon (Disbarment case will
considered as aggravating instead of being not be dismissed on the basis thereof)
a mitigating circumstance.)
Absolute Pardon (Disbarment case will be
Remorse dismissed)
Age (the case of Echavez Blanco V
Lumasag, kato namaligya siya ug yuta and Wipes out conviction as well as offense itself
wa niya giuli ang ikaduhang halin sa yuta. and the grant thereof in favour of a lawyer is
The SC said that the penalty is harsh a bar to a proceeding for disbarment against
considering the advance age of the lawyer him based solely on commission of such
kay 70 years old man siya ato. offense.

Take note: Some can also be considered as After the absolute pardon, is as guiltless and
aggravating circumstances. innocent as if he never committed the
offense at all.
Aggravating Circumstances
If absolute pardon is given to lawyer after
Prior disciplinary offenses being disbarred for conviction of a crime, it
Dishonest or selfish motives does not automatically entitle him to
A pattern of misconduct reinstatement tot he bar. It must be shown
Multiple offenses by evidence aside from the absolute pardon
Submission of false evidence, false that he is now a person of good moral
statements, or other deceptive practices character and fit and proper person to
during the disciplinary process practice law.
Refusal to acknowledge wrongful nature of
conduct In case of conditional pardon, there will be
Vulnerability of the victim remission of unexpired period of sentence.
Indifference to making restitution So if ever na disbar na siya then ang effect
ana is to make conditional pardon, then it
Effect of executive pardon could only commute the disbarment to
suspension or suspended siya for 15 years
It contemplates nga naay disbarment then maybe mo gamay nalang siguro.
proceeding and naa pud siya'y criminal case
against the lawyer.

If during the pendency of the disbarment


proceeding the respondent was granted
executive pardon, the dismissal of the case
on that sole basis will depend on whether

the executive parodn is absolute or


conditional.
February 22, 2017 Discussion 5. C h a r a c t e r i s t i c s o f d i s b a r m e n t
proceeding:
Legal Ethics Feb 23
SUI GENERIS once the lawyer
*Sir recaps about the discussion last regarding i s s u s p e n d e d / d i s b a r re d , i t
suspension and disbarment. doesnt mean that he can no
longer be practice the
1. Power to suspend belongs to the
profession. He could still if he
courts particularly the Supreme Court
wants to be reinstated. He can
which can disbar a lawyer. Other courts
file a petition to the SC.
(lower courts: CA, RTC) they can
suspend but they cannot disbar. And
even if they suspend the lawyer, the
order of suspension will still be REINSTATEMENT
forwarded to the SC to agree/conform/
What is reinstatement?
review.
It is the readmission to membership
2. Grounds for suspension/disbarment:
in the Bar and the restoration to a
[as provided under the Rules of Court
(ROC)] disbarred lawyer of the privilege to
practice law. (readmission to the
Grounds of deceit practice of law by the SC upon after
Misconduct proper petition by the subject lawyer)

Malpractice Who has the power to reinstate?


Grossly immoral conduct and The Supreme Court has the exclusive
among others authority to reinstate the privilege to
practice law to a disbarred lawyer.
3. M i t i g a t i n g a n d A g g r a v a t i n g
(just like the power to disbar, the power
Circumstances that are considered by
to reinstate belongs to the SC)
the courts in fixing the penalties
The power of the Supreme Court to
4. Filipino lawyer who is also a lawyer in
foreign jurisdiction when disciplined reinstate is based on its
then he is likewise disciplined here in constitutional prerogative to
the PH provided that the ground for promulgate rules on the admission of
suspension/disbarment in the foreign applicants to the practice of law.
jurisdiction contemplates/covers the
(Sec. 5[5], Art. VIII, 1987
same grounds as contemplated under
Constitution)
the ROC. This is NOT AUTOMATIC. So if
he is suspended abroad, there is still *If the SC can extend the privilege to the person
due process meaning, he has still to be and if the SC can withdraw the privilege if he
served the copy of the complaint and has not qualified(?), the SC can reinstate and
then he must answer but hearing is not give back that privilege to the disbarred lawyer.
n e c e s s a r y. S o t h e r e m u s t b e Once reinstated, the lawyer will again be
observance of due process. allowed to practice law.
Criteria for Reinstatement 4. Good conduct and honorable
dealing subsequent to his
1. Appreciation of the significance of
disbarment
his dereliction (he acknowledge that he
has committed the misconduct and also 5. A c t i v e i n v o l v e m e n t i n c i v i c ,
acknowledge that such misconduct is educational and religious
violative of the CPR and then he would organizations (during disbarment and
undertake not to commit mistake/ in most cases, the lawyer who wants to
misconduct in the future) be reinstated would join civic & religious
2. Assurance to the court that he now organizations which they will later use in
the application for reinstatement like naa
possesses the requisite proof and
syay foundation nga gitabangan, niapil
integrity necessary to guarantee his
sya ug religious activities: mao na
worthiness to be restored to the kasagaran buhaton sa mga na disbar in
practice of law (In that petition for their application for reinstatement)
reinstatement, he will submit proof like
testimonials from members of the Bar, 6. Favorable endorsement of IBP as
certifications from civic organizations, well as local government officials and
religious communities that he has citizens of his community; and
reformed. So these are documents that (endorsement from IBP, public
he will attach to the petition and which officials, religious communities, ang
will be considered by the court on uban from bishops, priests, so si
whether it will reinstate the subject
kinsa lang ang duolon to show that
lawyer)
he has the requisite proof that he
should be admitted to the Bar)

3. Time elapsed between disbarment 7. Pleas of his loved ones (aside nga
and application for reinstatement (If ang lawyer mismo ang mu write sa
for example youre disbarred this year, SC, the wife/children also will write to
dili kay next year mu apply na dayun ka the SC. Magmakiluoy and then SC
for reinstatement. So most probably it will also take that into consideration
would take time. In the case of Dacanay, whether or not to readmit the subject
its fortunate for him that it only took lawyer)
around 4 years to be reinstated. So na
disbar sya after 4 years na reinstate Conditions may be imposed on the
rapud sya by the SC. As to when, the applicant for reinstatement
length of time to lapse as to the filing of
The Supreme Court, in addition to the
the petition for reinstatement, there is no
fixed period. Depende ra sa court. Kung re q u i re d re h a b i l i t a t i o n o f t h e
ikaw na disbar na abogado this year, applicant for reinstatement, may
pwede ra next year mgstart naka ug require special conditions to be
apply for reinstatement sa SC hangtod fulfilled by the applicant.
masugtan ka/hangtod i-allow imong
*If petition is granted then subject lawyer
petition. But again it will take time)
will be readmitted and then the SC, aside
from readmitting the lawyer, will also impose months, it doesnt mean that you can
additional conditions. This is discretionary automatically practice law. you have to
with the courts. So pwede nga ibutang comply with certain conditions for the lifting
didto you are readmitted but you are of the suspension. So for 6 months pero in
ordered to continue with your foundation reality possible musobra ug 6 mos kay naa
kay basin ang thinking sa SC gahimo ka paman ka i-comply like mu report paka and
foundation pero ig reinstate nimo hunungon then the SC will order the lifting of the
na for purposes ra diay to for you to be suspension although you have served the
readmitted. There are additional conditions 6-month suspension/penalty imposed by
which the SC can impose upon the the court.
readmission of the subject lawyer.

Effects of Reinstatement
Guidelines to be observed in the matter
1. Recognition of moral rehabilitation of the lifting of an order suspending a
and mental illness to practice law lawyer from the practice of law

2. Lawyer shall be subject to same law, 1. After a finding that respondent


rules and regulations as those lawyer must be suspended from
applicable to any other lawyer practice of law, the Court shall render
a decision imposing the penalty.
3. Lawyer must comply with the
(Finding of guilt by the suspended
conditions on his readmission
lawyer so he is suspended then he
Is the lifting of the suspension order will serve the suspension and upon
automatic upon the end of the period of the expiry of the suspension, the
suspension? respondent shall file a swor n
statement with the SC through the
N o . T h e l i f t i n g o f a l a w y e r s
Office of the Bar Confidant stating
suspension is not automatic upon the
that he has served the suspension.
end of the period stated in the
So pananglit karun ang last day sa
Courts decision, and an order from
suspension and then di sya ka file
the Court lifting the suspension at the
nya mu-hearing sya dretso so dili pa
end of the period is necessary in
na pwede. He has still to comply with
order to enable [him] to resume the
the sworn statement. He will furnish
practice of his profession.
the SC and copy fur nish the
*With respect to suspension, kay in executive judge of the place where
disbarment you have readmission. So kung respondent has pending cases as
ma disbar ka (simbako palayo) naa kay well as the IBP Chapter. This sworn
remedy available, you can petition for statement is the proof that he has
readmission. Kung ma suspend ka, say for complied with the order of
example suspended for 6 months then you suspension because if he has not
have to serve the suspension for 6 months. complied to that sworn statement
But after serving your suspension for 6 then he may be subject to another
disciplinary action by the court. So (Maniago v. De Dios, A.C. No. 7472,
basin ma extend pa iyang 30 March 2010)
suspension if di sya mu comply sa
guidelines with respect to the lifting
of suspension) SUSPENSION, DISBARMENT
2. Unless the Court explicitly states that AND DISCIPLINE OF
the decision is immediately
LAWYERS
executory upon receipt thereof,
respondent has 15 days within which *With respect to disbarment, SC said that if
to file a motion for reconsideration the commission or misconduct of
thereof. The denial of said motion evidence(?) by the lawyer will merit only
shall render the decision final and with suspension, then SC will go only with
executory. the suspension and not with the
disbarment.
3. Upon the expiration of the period of
suspension, respondent shall file a The power to disbar must be
Sworn Statement with the Court, exercised with great caution
through the Office of the Bar (because it will not only affect the
Confidant, stating therein that he or subject lawyer but it may also affect
she has desisted from the practice of those who depend on the subject
law and has not appeared in any lawyer. So kung naa syay pamilya,
court during the period of his or her ma-apektuhan jud sila. Mura sya ug
suspension. principle sa labor (law) nga the
penalty should be commensurate to
4. Copies of the Sworn Statement shall
the misconduct committed by the
be furnished to the Local Chapter of
subject employee. So if the subject
the IBP and to the Executive Judge
employee committed misconduct in
of the courts where respondent has
the workplace then if such
pending cases handled by him or
misconduct will only merit the
her, and/or where he or she has
employee to certain number of days
appeared as counsel.
then suspension will suffice and the
5. The Sworn Statement shall be illegal dismissal concept to the
considered as proof of respondents employee will be too harsh. So same
compliance with the order of concept to disbarment)
suspension.
The power to disbar attorneys must
6. Any finding or report contrary to the always be exercised with great
statements made bythe lawyer under caution and only in clear cases of
oath shall be a ground for the misconduct which seriously affects
imposition of a more severe the standing and character of the
punishment, or disbarment, as may lawyer as an officer of the court and
be warranted. member of the bar. (so if the lawyer
can be suspended only based on the rules. Take note that non-compliance
facts of the case, then the court will with the notarial rules will result not
go with the suspension. But if the only to the revocation of license/
acts committed by the lawyer violate authority to notarize but it may also
several provisions in the CPR then it result to suspension/disbarment)
would warrant the disbarment and
What is the purpose of the notarial law?
the SC will disbar the subject lawyer
so it depends on the case of the 1. To promote, serve, and protect
subject lawyer. Case-to-case basis public interest
as to the penalty that will be given to
2. To simplify, clarify, and modernize the
the respondent lawyer)
rules governing notaries public, and
Admission to the Bar is obtained only
3. To foster ethical conduct among
after years of labor and study. The
notaries public. (Sec. 2, Rule I, A.M.
office acquired often becomes the
No. 02-8-13-SC)
source of great honor and
emolument to its possessor. To *Guidelines of the notary public in the
deprive one of such as office is often performance of their function.
to decree poverty to the lawyer and
Who is a notary public?
destitution to his family. Disbarment,
therefore, should never be decreed *A person commissioned by the court to
where any lesser penalty, such as perform official acts under the rules of
temporary suspension, would notarial practice. So dili tanan abogado
accomplish the end desired. notary public but tanan notary public kay
abogado. If you want to be a notary public,
( D I S A D A W TA M A G - T H I N K U G
you have to apply. So file a petition before
DISBARMENT ANA SI SIR, MAGTHINK SA
the office of the Executive Judge and then
TA ON ADMISSION TO THE BAR/PASSING
attach therein the requirements.
THE FINALS HUEHUE)
Notary public and Notary refer to
any person commissioned to perform
NOTARIAL PRACTICE official acts under the rules on
Notarial Practice. (Sec. 9, Rule II,
2 0 0 4 R U L E S O N N O TA R I A L A.M. No. 02-8-13-SC)
PRACTICE (A.M. NO. 02-8-13-SC
A person appointed by the court
(provides the rules and regulations
whose duty is to attest to the
that will be observed by the notary
genuineness of any deed or writing
public in the notarization of
in roder to render them available as
documents. Under these rules, you
evidence of facts stated therein and
have the requirements for the
who is authorized by the statute to
execution of acknowledgement(?),
administer various oaths.
the jurat. Unfortunately, some notary
public do not comply with the notarial
What must one possess to qualify as a executive officers of the local chapter
notary public? of the Integrated Bar of the
Philippines where he is applying for
To be eligible for commissioning as
commission;
notary public, the petitioner must be:
3. Proof of payment for the filing of the
(REQUIREMENTS)
petition as required by these Rules;
1. A citizen of the Philippines and
4. Three (3) passpor t-size color
2. Over 21 years of age
photographs with light background
3. A resident in the PH for at least 1 taken within thirty (30) days of the
year and maintains a regular application. The photograph should
place of work or business in the not be retouched. The petitioner shall
city or province where the sign his name at the bottom part of
commission is to be issued the photographs.
Note: Every petitioner for a notarial
4. A member of the PH Bar in good
commission shall pay the application fee as
standing with clearances from the
prescribed in the Rules of Court. (Sec. 3,
Office of the Bar Confidant of the
Rule III, A.M. No. 02-8-13-SC)
Supreme Court and the
Summary Hearing on the Petition
Integrated Bar of the PH, and
*In the hearing of your application, the
5. Has not been convicted in the Judge would also ask about the rules on
first instance of any crime notarial practice murag oral recits pero
involving moral turpitude. (second depende sa judge kay naa uban di ra
par., Sec. 1, Rule III, 2004, Rules kaayo strict
on Notarial Practice, A.M. No. *Petition for application will be published in
02-8-13-SC) the newspaper and anybody can oppose
your application.
Form of the Petition and Supporting
The Executive Judge shall conduct a
Documents.
summary hearing on the petition and
Every petition for a notarial commission
shall grant the same if:
shall be in writing, verified, and shall
a. the petition is sufficient in form
include the following:
and substance;
b. t h e p e t i t i o n e r p r o v e s t h e
1. A s t a t e m e n t c o n t a i n i n g t h e
allegations contained in the
petitioner's personal qualifications,
petition; and
including the petitioner's date of
c. the petitioner establishes to the
birth, residence, telephone number,
satisfaction of the Executive
professional tax receipt, roll of
Judge that he has read and fully
attorney's number and IBP
understood these Rules.
membership number;
The Executive Judge shall forthwith
2. Certification of good moral character
issue a commission and a Certificate
of the petitioner by at least two (2)
of Authorization to Purchase a
Notarial Seal in favor of the petitioner Lapu City. You are a notary public for 1
(Sec. 4, Rule III, A.M. No. 02-8-13- jurisdiction lang di pwede nga daghan.
SC) *If your client would want you to notarize a
Note: Any person who has any cause document pero they want you to notarize it
or reason to object to the grant of the in LLC then dili jud na pwede. Imo i-advise
petition may file a verified written nga kung pwede sa office nlng nimo i-
opposition thereto. The opposition notarize pero if mu insist nga sa LLC jud
must be received by the Executive sya then look for another notary public in
Judge before the date of the LLC because its beyond your jurisdiction.
summary hearing. (Sec. 6, Rule III, *2 yrs will commence on the 1st day of
A.M. No. 02-8-13-SC) January so for example ni apply ka middle
of 2017 na grant sya September, mu
Commission retroact na sya. Mu start na sya sa January
*Once petition is approved by the court, so alkanes ka.
you will be issued a commission May the term be renewed?
It refers to the grant of authority to Yes.
perform notarial acts and to the A notary public may file a written
written evidence of the authority. application with the Executive Judge
(Sec. 3, Rule III, A.M. No. 02-8-13- for the renewal of his commission
SC) within forty-five (45) days before the
A notarial commission may be issued expiration thereof. A mark, image or
by an Executive Judge to any impression of the seal of the notary
qualified person who submits a public shall be attached to the
petition in accordance with the Rules application.
on Notarial Practice. (first par., Sec. Failure to file said application will
1, Rule III, A.M. No. 02-8-13-SC) result in the deletion of the name of
the notary public in the register of
Jurisdiction and Term n o t a r i e s p u b l i c . ( fi l e a n e w
A person commissioned as notary application)
public may perform notarial acts in The notary public thus removed from
any place within the territorial the Register of Notaries Public may
jurisdiction of the commissioning only be reinstated therein after he is
court for a period of two (2) years issued a new commission in
commencing the first day of January accordance with these Rules. (Sec.
of the year in which the 13, Rule III, A.M. No. 02-8-13-SC)
commissioning is made, unless
earlier revoked or the notary public What are the powers of a notary public?
has resigned under these Rules and A notary public is empowered to
the Rules of Court. (Sec. 3, Rule III, perform the following notarial acts
A.M. No. 02-8-13-SC) 1. Acknowledgments;
*So kung ni apply ka ug notarial practice sa 2. Oaths and affirmations;
Cebu City, di ka mka-practice sa Lapu- 3. Jurats
4. Signature witnessings; It refers to an act in which an
5. Copy certifications; and individual on a single occasion:
6. Any other act authorized by these 1. Appears in person before the
rules. notary public;
(Sec. 1(a), Rule IV, A.M. No. 02-8-13- 2. Is personally known to the notary
SC) public or identified by the notary
public through competent
What is an acknowledgement? evidence of identity as defined by
*usually found in Deeds of Conveyances these Rules;
Acknowledgment refers to an act in 4. Avows under penalty of law to the
which an individual on a single whole truth of the contents of the
occasion: instrument or document. (Sec. 2,
Rule II, A.M. No. 02-8-13-SC)
1. Appears in person before the
notary public and presents an What is a jurat? (Affidavit; subscribed and
integrally complete instrument or sworn to upon me)
document; (the affiants/person It refers to an act in which an
subject to the document should individual on a single occasion:
appear personally) 1. Appears in person before the
2. Is attested to be personally notary public and presents an
known to the notary public or instrument or document;
identified by the notary public 2. Is personally known to the notary
through competent evidence of public or identified by the notary
identity as defined by these public through competent
Rules; and (has shown proof of evidence of identity as defined by
identity; should be government- these Rules
issued ID w/ pic; cedula) 3. Signs the instrument or document
3. Represents to the notary public in the presence of the notary;
that the signature on the and
instrument or document was (d) takes an oath or affirmation
voluntarily affixed by him for the before the notary public as to
purposes stated in the instrument such instrument or document.
or document, declares that he (Sec. 6, Rule II, A.M. No. 02-8-13-
has executed the instrument or SC)
d o c u m e n t a s h i s f re e a n d
voluntary act and deed, and, if he What is signature witnessing?
acts in a particular representative It refers to a notarial act in which an
capacity, that he has the authority individual on a single occasion:
to sign in that capacity. (Sec. 1, 1. Appears in person before the
Rule II, A.M. No. 02-8-13-SC) notary public and presents an
instrument or document;
What is affirmation or oath?
2. Is personally known to the notary thumbark instead of signing but must
public or identified by the notary comply with the requirements
public through competent Yes. It is also within the powers of a
evidence of identity as defined by notary public, provided.
these Rules; and 1. The thumb or other mark is affixed in
3. Signs the instrument or document the presence of the notary public
in the presence of the notary and of two
public. (Sec. 14, Rule II, A.M. No. 2. D i s i n t e re s t e d a n d u n a ff e c t e d
02-8-13-SC) witnesses to the instrument or
*Kasagaran the usual thing in practice, you document;
have the acknowledgement and jurat. Deed 3. Both witnesses sign their own names
of Sale, Deed of Assignment; Affidavits in addition to the thumb or other
mark;
What is copy certification? 4. The notary public writes below the
It refers to a notarial act in which a thumb or other mark: "thumb or other
notary public: mark affixed by (name of signatory
1. Is presented with an instrument or by mark) in the presence of (names
document that is neither a vital and addresses of witnesses) and
record, a public record, nor undersigned notary public"; and
publicly recordable; 5. The notary public notarizes the
2. Copies or supervises the copying signature by thumb or other mark
of the instrument or document; through an acknowledgment, jurat, or
3. Compares the instrument or signature witnessing. (Sec. 1(b), Rule
document with the copy; and IV, A.M. No. 02-8-13-SC)
4. Determines that the copy is
accurate and complete. (Sec. 14, Is a notary public authorized to sign on
Rule II, A.M. No. 02-8-13-SC) behalf of a person who is physically
Note: The document copied must be unable to sign or make a mark on an
an original document. It cannot be a instrument or document?
copy itself. Yes. It is likewise falls within the
*Usually mao ni kung muadto ka abroad powers of a notary public, provided:
then embassy will ask for copies of 1. The notary public is directed by
documents. So before i-notarize mao ni sya the person unable to sign or
ang gamiton. make a mark to sign on his
behalf;
Is a notary public authorized to certify 2. The signature of the notary public
the affixing by thumb or other mark on is affixed in the presence of two
an instrument or document presented for disinterested and unaffected
notarization? witnesses to the instrument or
*for example: buyer sa yuta had an document; (not party to the
accident and then maglisod na sya pirma instrument)
kay nabali iya kamot pwede sya mg
3. Both witnesses sign their own (1) Public offices, convention halls,
names; and similar places where oaths of
4. The notary public writes below his office may be administered;
signature: signature affixed by (2) Public function areas in hotels
notary in presence of (names and and similar places for the signing
addresses of person and two [2] of instruments or documents
witnesses); and requiring notarization; (dili pwede
5. The notary public notarizes his room sa hotels; sa lobby/hall
signature by acknowledgment or perhaps basta kay public)
jurat. (Sec. 1(c), Rule IV, A.M. No. (3) Hospitals and other medical
02-8-13-SC) institutions where a party to an
instrument or document is
How should a notary public notarize an confined for treatment; and
instrument or document? (4) Any place where a party to an
In notarizing a paper instrument or instrument or document requiring
document, a notary public shall: notarization is under detention.
1. Sign by hand on the notarial (Sec. 2(a), Rule IV, A.M. No.
c e r t i fi c a t e o n l y t h e n a m e 02-8-13-SC)
indicated and as appearing on
the notary's commission;
2. Not sign using a facsimile stamp
or printing device; and What is the phrase regular place of work
3. Affix his official signature only at or business of a notary public mean?
the time the notarial act is The term regular place of work or
performed. (Sec. 1, Rule VII, business refers to a stationary office
A.M. No. 02-8-13-SC) in the city or province wherein the
notary public renders legal and
Prohibitions notarial services. (Sec. 11, Rule II,
A. A notary public shall not perform a A.M. No. 02-8-13-SC)
notarial act outside his regular
place of work or business; Can a notary public perform a notarial
provided, however, that on certain act outside his jurisdiction and his
exceptional occasions or situations, regular place of work as business?
a notarial act may be performed at Rule: A notary public shall NOT
the request of the parties in the perform a notarial act outside his
following sites located within his jurisdiction and his regular place of
territorial jurisdiction: (GENERAL work or business.
RULE: you can perform the notarial Exception: A notarial act may be
act only on that addressed placed in performed at the request of the
the petition) parties in the following sites
(provided under (Sec. 2(a), Rule IV,
(EXCEPTTIONS) A.M. No. 02-8-13.SC), other than his
regular place of work or business, j. Social Security System (SSS)
located within his territorial card
jurisdiction. k. Philhealth card
l. senior citizen card
Prohibitions m. Overseas Workers Welfare
B. A person shall not perform a notarial Administration (OWWA) ID
act if the person involved as n. OFW ID
signatory to the instrument or o. seamans book
document: p. alien certificate of registration/
(1) is not in the notary's presence i m m i g r a n t c e r t i fi c a t e o f
personally at the time of the registration
notarization; and q. government office ID
(2) is not personally known to the r. certification from the National
notary public or otherwise Council for the Welfare of
identified by the notary public Disable Persons (NCWDP)
through competent evidence s. Department of Social Welfare
of identity as defined by these and Development (DSWD)
Rules. (Sec. 2(b), Rule IV, A.M. certification; (Amendment to
No. 02-8-13.SC Sec. 12 (a), Rule II of the 2004
Rules on Notarial Practice,
What is component evidence of identity? Feb. 19, 2004) or
It refers to the identification of an *must be (VALID) government-issued
individual based on: ID not private dili pwede company ID
1. At least one, current identification 2. The oath or affirmation of one
document issued by an official credible witness not privy to the
agency bearing the photograph instrument, document or
and signature of the individual transaction who is personally
such as but not limited to: known to the notary public and
a. Passport who personally knows the
b. drivers license individual, or of two credible
c. P ro f e s s i o n a l R e g u l a t i o n s witnesses neither of whom is privy
Commission ID to the instrument, document or
d. N a t i o n a l B u r e a u o f transaction who each personally
Investigation clearance knows the individual and shows
e. police clearance to the notary public documentary
f. postal ID identification. (Sec. 12(b), Rule II
g. voters ID of the 2004 Rules on Notarial
h. Barangay certification Practice)
i. Gover nment Service and Note: these are in addition to the
Insurance System (GSIS) e- presentation of the signatories
card Community Tax Certificate (CTC).
Section 163 of the Local Government Note: The function of a notary public is,
Code: among others, to guard against any illegal
a. When an individual subject to the or immoral arrangements. That function
community tax acknowledges any would be defeated if the notary public were
document before a notary public, one of the signatories to the instrument. For
it shall be the duty of any then, he would be interested in sustaining
person, officer, corporation with the validity thereof as it directly involves
whom such transaction is made himself and the validity of his own act. It
to require such individual to would place him in an inconsistent position,
exhibit the community tax and the very purpose of the
certificate(cedula). acknowledgment, which is to minimize
*Cedula is not required under the Rules on fraud, would be thwarted. (to avoid bias)
Notarial Practice however it is required
under different law. So kinahanglan ka ug When may a notary public refuse to
cedula aside from the government-issued notarize even if the appropriate fee is
ID. tendered?
(a) The notary knows or has good
Disqualifications reason to believe that the notarial
A notary public is disqualified from act or transaction is unlawful or
performing a notarial act if he: immoral;
(a) Is a party to the instrument or (b) The signatory shows a demeanor
document that is to be which engenders in the mind of
notarized; (for example: Deed of the notary public reasonable
Sale naay seller then sya ang doubt as to the former's
buyer. He cannot notarize the knowledge of the consequences
instrument or kaya Affidavit of of the transaction requiring a
Loss dili pwede, he is disqualified notarial act; and
for performing that notarial act) (c) In the notary's judgment, the
(b) Will receive, as a direct or indirect signatory is not acting of his or
result, any commission, fee, her own free will (Sec. 3, Rule V,
advantage, right, title, interest, A.M. No. 02-8-13-SC)
c a s h , p r o p e r t y, o r o t h e r (d) If the document or instrument to
consideration, except as be notarized is considered as an
provided by these Rules and by improper document by the Rules
law; or on Notarial Procedure
(c) Is a spouse, common-law partner, Note: Improper instrument or
ancestor, descendant, or relative document is
by affinity or consanguinity of the (a) a blank or incomplete instrument
principal within the fourth civil or
degree. (Sec. 3, Rule IV, A.M. No. (b) an instrument or document
02-8-13-SC) without appropriate notarial
certification (Sec. 6, Rule V, A.M. containing a chronological record of
No. 02-8-13-SC) notarial acts performed by a notary
public. (Sec. 5, Rule II, A.M. No.
02-8-13-SC
What is a notarial certificate? Note: The notary public shall give to
*the usual thing nga makita sa ubos: each instrument or document
commission, expiry executed, sworn to, or
It refers to the part of, or attachment acknowledged before him a number
to, a notarized instrument or corresponding to the one in his
document that is completed by the register, and shall also state on the
notary public, bears the notary's instrument or document the page/s
signature and seal, and states the of his register on which the same is
facts attested to by the notary public recorded. No blank line shall be left
in a particular notarization as between entries. (Sec. 2(e), Rule VI,
provided for by these Rules. (Sec. 8, A.M. No. 02-8-13-SC)
Rule II, A.M. No. 02-8-13-SC)

What must the notarized certificate What are the effects of notarization?
include? 1. The notary, in effect, proclaims to the
1. The name of the notary public as world that:
exactly indicated in the commission; a. All the parties therein personally
2. The serial number of the commission appeared before him
of the notary public; b. They are personally known to him
3. The words "Notary Public" and the c. They are the same persons who
province or city where the notary executed the instrument
public is commissioned, the d. He inquired into the voluntariness
expiration date of the commission, of the execution of the instrument
the office address of the notary e. They acknowledge personally
public; and before him that they voluntarily
4. The roll of attorney's number, the and freely executed the same
professional tax receipt number and 2. Converts a private document into a
the place and date of issuance public one and renders if admissible
thereof, and the IBP membership in court without further proof of its
number. (Sec. 8, Rule II, A.M. No. authenticity (in relation to crim law on
02-8-13-SC) falsification of private and public
documents. So once the private
What is a Notarial Register? document is notarized, it is
*Aside from the document, you also have to converted into a public document)
sign the notarial book. Makita didto ang 3. Documents enjoy a presumption of
page, book and document number. regularity. It constitutes prima facie
It refers to a permanently bound evidence of the facts which give use
book with numbered pages to their execution and of the date of
said execution, but not of the administrative sanctions upon,
truthfulness of the statement. (so if any notary public who:
notarized document when it is (violations)
presented in court, there is a (1) fails to keep a notarial
presumption that it is duly executed register;
so no need to present evidence (2) fails to make the proper
because of the presumption. But if entry or entries in his
the other party will protest then you notarial register
have to present evidence, otherwise, concerning his notarial
the presumption will not stand) acts;
*It is important to observe the Rules on (3) fails to send the copy of
Notarial Practice the entries to the Executive
Judge within the first ten
Who may revoke a notarial commission? (10) days of the month
*If there is any violation committed by the following;
notary public, the one who can revoke is: (4) f a i l s t o a f fi x t o
The notarial commission may be acknowledgments the date
revoked by: of expiration of his
1. The Executive Judge of the RTC who commission;
issued the commission (Sec. 1, Rule (5) fails to submit his notarial
XI, A.M. No. 02-8-13-SC) or; register, when filled, to the
2. By the Supreme Court itself in the Executive Judge;
exercise of its general supervisory (6) fails to make his report,
program over lawyers. (so if there is within a reasonable time, to
a suspension/disbarment proceeding the Executive Judge
against the notary public then if concerning the
warranted, SC can revoke the license performance of his duties,
and disqualify him from applying. So as may be required by the
pwede i-revoke and then disqualify judge;
him to apply for notary public for 10 (7) fails to require the
or 3 years and after that, pwede na presence of a principal at
sya mu apply balik) the time of the notarial act;
(8) fails to identify a principal
Grounds for Revocation of Notarial on the basis of personal
Commission knowledge or competent
(a) The Executive Judge shall revoke evidence;
a notarial commission for any (9) executes a false or
ground on which an application i n c o m p l e t e c e r t i fi c a t e
for a commission may be denied under Section 5, Rule IV;
(b) In addition, the Executive Judge (10) knowingly performs or fails
may revoke the commission of, or to perform any other act
impose appropriate
prohibited or mandated by
these Rules; and
(11) commits any other
dereliction or act which in
the judgment of the
Executive Judge
constitutes good cause for
revocation of commission
or imposition of
administrative sanction.

QUESTION: Naay exam? (regarding


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

The new code of judicial conduct for the Without it, no judicial system can work. It
Philippine judiciary (A.M. No. 03-05-01-SC is preventive of anarchy and tyranny for
1 June 2004). Took effect on June 1, 2004. it is both a legal and moral mechanism
that keeps and maintains the trust and
Inspired by the revised Bangalore draft of confidence of the people in the judicial
the code of judicial conduct adopted by the system and ultimately keeps the peace
judicial group on strengthening judicial and order in the community.
integrity in the round table meeting of chief
justices held at the peace palace in the If the administration of justice is liberated
hague in November 25-26, 2002. from ethical and moral rules, and is left
freewheeling, judges and magistrates
(Principles in which the Bangladore draft cannot be expected to be free,
was founded: independent, honest, diligent, and
Competent, independent and impartial impartial. Corollary, litigants will not find
judiciary nor enjoy the cold neutrality of
Public confidence on the system independent, wholly-free, disinterested
***(di maklaro shanya and jen talks una and impartial tribunals.
lang mo ha kay nakitan man gud ko ni
sir)
The new code of judicial conduct for the
Philippine judiciary is divided into:
Significance: *** (di maklaro jud bes.) as
Canon 1 Independence
of now, there are no laws authorizing foreign
Canon 2 Integrity
lawyers to practice law in the Philippines.
Canon 3 Impartiality
(wala sad sa ppt)
Canon 4 Propriety
Canon 5 Equality
In the absence of the applicable provisions
Canon 6 Competence and Diligence
in the new one, the old code of conduct can
still apply. All cases decided by the SC are
Canon 1 Independence
still applicable in the new one. In fact, they
Judicial independence is a prerequisite to
still cited.)
the rule of law and a fundamental guarantee
of a fair trial. A judge shall therefore uphold
Importance of Judicial Ethics
and exemplify judicial independence in both
(provides a rule of conduct. A system where
its individual and institutional aspects.
a judge will have to follow the rule in order to
maintain his impartiality, independence,
Independence- means freedom from the Focuses on the independence of the
influence, guidance or control of others. judiciary as a branch of government and
Applied to legal ethics, it is referred to as protects judges as a class.
judicial independence.
SEC. 1. Judges shall exercise the judicial
The independence required of a judge function independently on the basis of their
covers both individual independence and assessment of the facts and in accordance
institutional independence. with a conscientious understanding of the
law, free of any extraneous influence,
(Two concepts: inducement, pressure, threat or interference,
Individual Judicial Independence - As a direct or indirect, from any quarter or for any
person, the judge must be free from the reason.
influences of other persons like members of
family and friends. Judges should not be swayed by the
pressure of public opinion
No personal relationship shall influence him Judges who gives in to pressures loses his
to do or not to do what is requested of him independence
whether right or wrong. A judge is expected to be fearless in the
pursuit of rendering justice, to be unafraid to
Focuses on each particular case and seeks displease any person, interest or power and
to insure the judges ability to decide cases to be equipped with a moral fiber strong
with autonomy within the constraints of the enough to resist temptations.
law.
May a judge decide on cases on the
Institutional Judicial Independence - As basis of his personal beliefs or what he
the court, no branch of the government or considers to be substantial justice in a
agencies thereof could dictate upon it in the particular case before him?
performance of its judicial duties. (judiciary
as a department and is implied to the No. A judge should always apply the law in
separation of powers between the executive deciding cases before him. He may not
and legislative) substitute his personal beliefs for what the
law states and disregard the latter, even if
Must maintain and fight for the institutional he disagrees with a particular law or
and operational independence of courts doctrine enunciated by the Supreme Court.
from the extraneous influences of pressures
arising from other branches or agencies of (should apply the punishment as mandated
the government whether local or foreign. by law)

May a judge, in deciding a case, be


guided by popular opinion for fear that
his judgment might be criticized should
he decide the other way? Every judge must decide independently.
In collegial courts, while there may be
No. A judge is expected to decide cases discussion and exchange of ideas among
only on the basis of applicable law on the justices which ideas may sway one or the
matter, not on any other extraneous factors, other, at the end of such discussion the
such as public opinion, personal convictions judge must decide on the basis of his own
and partisan interests. sole judgment.

(that is why in news, lawyers are not allowed SEC 3. Judges shall refrain from influencing
to make comments while the case is in any manner the outcome of litigation or
pending so as not to affect the decision of dispute pending before another court or
the judge and to avoid impartiality) administrative agency.

SEC. 2. In performing judicial duties, judges A judge who tries to influence the outcome
shall be independent from judicial of litigation pending before another court not
colleagues in respect of decisions which the only subverts the independence of the
judge is obliged to make independently. judiciary but also undermines the peoples
faith in its integrity and impartiality.
(not to be influenced but may ask other
judges how they ruled a certain case before Any attempt, whether successful or not, to
if galibog cla in order to clarify. But at the influence the decision-making process of
end of the day, you should be the one who another judge, especially one who is of
will decide the case based on the facts lower rank and over which he exercises
understood. supervisory authority, is serious misconduct.

In courts where they sit in division, among (Example, imong nephew, imong storyaon
the 3, 1 will write the decision being the ang labor arbiter nga ga handle sa iyang
ponente. They may discuss on what should case. That is to exert pressure. Violation of
be the outcome of the case but at the end of this section)
the day, the justice assigned to write the
decision should decide the case based on SEC 4. Judges shall not allow family, social,
his appreciation of the facts and the law or other relationships to influence judicial
applicable to the case assigned to him.) conduct or judgment. The prestige of judicial
office shall not be used or lent to advance
Lawyers are expected to lawfully influence the private interests of others, nor convey or
ex. Convince judges by their pleadings and permit others to convey the impression that
arguments. But for judges, they must not they are in a special position to influence the
interfere or intervene in the of their fellow judge.
judges
Judges should ensure that their family the judge will act in the performance of his
members, friends, associates refrain from functions independently and impartially.
creating the impression that they are in a
position to influence the judge. Judge, if there is a family member in his
sala, must inhibit)
Judge shall not lend the prestige of his office
to others. SEC 5. Judges shall not only be free from
inappropriate connections with, and
Judges family includes: influence by, the executive and legislative
Spouse; branches of government, but must also
Son/Daughter-in-Law appear to be free therefrom to a reasonable
Any other relative by consanguinity or observer. (Institutional independence.
affinity within the 6th civil degree; Independent from other departments of the
Any person who is a companion or government. Separation of powers)
employee of the judge and who lives in the
judges household. Rationale: to protect the independence and
separation of the judiciary from the two other
Judges should ensure that their family branches of government.
members, friends and associates refrain
from creating the impression that they are in SEC 6. Judges shall be independent in
a position to influence the judge. Judges relation to society in general and in relation
should, therefore, at all times remind to the particular parties to a dispute which
themselves that they are not in the judiciary he or she has to adjudicate. (a new
to give out favors but to dispense justice. provision not found in the book.)
They should also make it clear to the
members of their family, friends and (it does not mean however na you can no
associates that they will neither be longer associate with other persons. They
influenced by anyone, nor would they allow should try lang to avoid issues on
anyone to interfere in their work. impartiality)

(*** Jen and shanya talking: oh kana nice na It is desirable that the judge should, as far
hahahha bitaw apas lang ko ha. Hala kana as reasonably possible, refrain from all
nice na angayan ka) relations which would normally tend to
arouse suspicion that such relations warp or
(ex: if you are a judge, you need to scrap bias his judgment, and prevent an impartial
out your name in your law firm and must attitude of mind in the administration of
withdraw from there. Two reasons: (1)to judicial duties. Judges should not fraternize
avoid the firm in using the name of the judge with litigants and their counsel; they should
to gain favorable decisions (2)to ensure that make a conscious effort to avoid them in
order to avoid perception that their 3. Perform their duties undeterred by
independence has been compromised. outside influence (di ma klaro sa
recording)
It is not however necessary that they totally 4. independent and self-respecting
live in seclusion like hermits. They may still judicial system equal and coordinate
commingle in society but with limitations. with the other departments (di ko sure if
They must not compromise their apil pani ani nga category)
independence.
(if you notice later on, the canons in the
SEC 7. Judges shall encourage and uphold Code of Judicial Conduct are more or less
safeguards for the discharge of judicial related to each other. Sometimes, the
duties in order to maintain and enhance the violation of one canon will result to the
institutional and operational independence violation of other canons. Independence to
of the judiciary. impartiality then propriety. One act may
result to several or all)
SEC 8. Judges shall exhibit and promote
high standards of judicial conduct in order to
reinforce public confidence in the judiciary Canon 2 Integrity
which is fundamental to the maintenance. (integrity is essential not only to the proper
*** di madungog jud.
There can be no sure guarantee of judicial
independence that the character of those So just like lawyers also, the judge will also
appointed to the Bench. The judge should be supervised by the SC. Their conduct will
always be imbued with a high sense of duty be regulated by the SC whether such
and responsibility in the discharge of his conduct is in line with their judicial functions
obligation to promptly and properly or private transactions. They are expected
administer justice. He must view himself as to be observant of the (shanya: jen unsay
a priest for the administration of justice is nindot nga colr? Jen: kani ay. Ay kana!)
akin to a religious crusade. avoid getting pictures all the time because
this might raise a question on your
Good judges are described as those impartiality and integrity especially if your
who: friends have pending cases in the court.
1. Have the mastery of the principles of Ayaw lang pa tag. While they are not
law; (judges also attend seminars prohibited, they should avoid. If ma judge ka
conducted by the PHILJA? In order to be nya techy, there may be certain restrictions
updated with the latest laws and in your social media because there mjust be
jurisprudence and mastery) preservation of justce.
2. Discharge their duties in accordance
with law; ***Jen: wala jud ko ka try online shopping
Shanya: ako sige kay kapoy ug lakaw
***Salary because sauna gamay rag
mangapply as judge*** shanya: mas lamia
ng unli wings sa plaza pino. Because
sometimes, judge refuse to learn new cases
kay high tech na kayo. But better najud run.

Integrity, the character of the judge. The


judge must be honest. There is a
presumption that they are good judges and
person of integrity. ***Jen: open seas naman
to cya sa? Shanya: sa Davao? *** Can you
guess why they are considered as person
with integrity unless proven otherwise? If
you remember the qualifications, he must be
a person of proven competence, probity and
independence. Jen: Japanese version sa
Christi: MTRCB? Sir: no questions? See you
tomorrow)
February 28, 2017 Discussion But these are just presumptions that they act in
accordance to their duty.
CANON 2. INTEGRITY. Integrity is essential SECTION 1. Judges shall ensure that not
not only to the proper discharge of the only is their conduct above reproach, but
judicial office but also to the personal that it is perceived to be so in the view of a
demeanor of judges. (Based on Rule 1.01 of reasonable observer. (New provision
the Old Code) inspired by Canon 31 of the Code of Judicial
Ethics.
This pertains to the character of the judge or his
moral uprightness. Under this canon, he is So image is also important. Because the judges
expected to be a good person, not only in the and justices, they are the personification of
performance of his function as a judge but also justice. MTC and RTC judges are the front
his private affairs. The CPR governs the actions liners, they dispense justice. They should
of the judges as well as their engagement in observe high standard of conduct compared to
other activities. lawyers.
Integrity is a steadfast adherence to a A judges official conduct and behavior in
strict moral or ethical code. It is moral the performance of judicial duties should
uprightness. be free from the appearance of
impropriety and must be beyond
Judges should endeavor to conduct
reproach. Even his personal behavior in
themselves strictly in accordance with
his everyday life should be beyond
the mandate of the existing laws and
reproach.
Code of Judicial Ethics that they be
exemplars in their communities and the A judges conduct should be free from
living personification of justice and the the appearance of impropriety not only in
Rule of Law. his official duties but in his everyday life.
One who lives by the precept that might
Both in his public and private life, the
is right is unworthy to be a judicial
judge must live honestly and uprightly
officer.
being the visible representation of the
law. SECTION 2. The behavior and conduct of
judges must reaffirm the peoples faith in the
Judges must not only be good judges
integrity of the Judiciary. Justice must not
but must appear as good persons
merely be done, but must also be seen to be
done. (Based partly on Rule 2.01 of the Old
Code)
Judges are presumed to be honest and men of
integrity unless proven otherwise Because appearance is as important as
reality in the performance of judicial
The high qualification required of lawyers function, like Caesars wife, a judge must
to become judges explains the good and not only be pure but beyond suspicion. A
favorable presumption judge had the duty not only to render a
just and impartial decision, but also
When a judge has integrity, it is render it in such a manner as to be free
presumed that he as the virtues of from any suspicion as to its fairness and
impartiality, propriety, equality and
impartiality, and also to the judges
independence. integrity.
Judges must personify four ins lawyers or court personnel for
integrity, independence, industry, and unprofessional conduct of which the judge
intelligence. may have become aware.

It must be obvious, therefore, that while Judges may discipline lawyers and court
judges should possess proficiency in law personnel for unprofessional conduct.
in order that they can competently
construe and enforce the law, it is more The judge may summarily punish any
important that they should act and person including lawyer and court
behave in such a manner that the parties personnel, for direct contempt for
before them should have confidence in misbehavior committed in the presence
their impartiality. of or so near a court or a judge as to
obstruct or interrupt the proceedings
So the judges are expected to assure and insure before the same. (Rule 71, ROC)
the confidence of the public on the justice
system. So that people will still ask relief from The judge may also punish any person
the courts and not take the law in their own for indirect contempt after appropriate
hands. With respect to legal ethics, it is also the charge and hearing who is guilty of the
duty of lawyers to help the court in the acts enumerated under Section 3, Rule
administration of justice. Dghan kaayog kaso, di 71 of ROC.
sila ka ato. Mao na lawyers are asked for
So if the court staff commits a misconduct, judge
pleadings to avoid clogging of cases.
shall commence the investigation and
recommend the proper sanction.

Some Instances of Improprieties (may not CANON 3. IMPARTIALITY. Impartiality is


be criminal or punishable by law but are essential to the proper discharge of the
IMPROPER) judicial office. It applies not only to the
decision itself but also to the process by
a. Conducting in-chamber sessions with which the decision is made. (Based on Ryle
one party without the presence of the 2.01 and Canon 3 of the Old Code)
other party and his counsel.
This is more or less connected with
b. Making the courtroom as a gambling independence. Judge should not afford to be in
place. favor of one of the parties of the case. He
should decide only based on the merits of the
c. Practicing law by accepting cases of case.
individuals. (Judges not allowed to
practice law) Impartiality is a state of mind of the judge
where there is no consciousness or
d. Maliciously kissing a female subordinate. sense of favor for, bias or prejudice
against any party in a case.
e. Habitual tardiness which amounts to
serious misconduct and inefficiency. When a judge is impartial, he decides
without regard to the personalities
f. Slapping of court personnel.
involved; he treats parties equally and
g. Non-payment of just debt. fairly; he resolves the cases based on
the weight of the evidence presented
These will question the integrity of the judge. and admitted and applies the law
applicable to the facts established.
SECTION 3. Judges should take or initiate
appropriate disciplinary measures against
Is impartiality applicable only to the decision confidence of our people in the judiciary,
rendered by the judge? lowers its standards and brings it into
disrepute. (Report on the Judicial Audit
No. Impartiality is essential to the proper Conducted in the RTC, Branch 18,
discharge of the judicial office. It applies Tagaytay City 477 SCRA 403)
not only to the decision itself but also to
the process by which the decision is Who has the burden of proof to show bias or
made. prejudice?

So even if the decision itself is impartial but in The burden of proof lies with the
drafting the decision it appears that the judge is complainant to show that there is bias
biased to the other party, then there is violation sufficient to be a ground for inhibition.
to this canon. Example: Allowing one party to
enter into his chamber. Under this canon, it is Note: There is bias or prejudice when the
important that the product and the process is resulting opinion is based upon an
impartial. extrajudicial source that is, some
influence other than the facts and law
What is the principle of cold neutrality of an presented in the courtroom.
impartial judge?
What is the degree of proof required to prove
A judge should not only render just, bias or prejudice?
correct, and impartial decision but should
do so in a manner free from suspicion as The complainant must prove the same
to his fairness, impartiality and integrity. by clear and convincing evidence since
This is an indispensible requisite of due allegations of bias are quite serious.
process. (Rallos v. Gako) Mere allegations are not sufficient to
constitute a violation of the rule.
Note: A judge has both the duty of
rendering a just decision and the duty of
doing it in a manner completely free from
SECTION 2. Judges shall ensure that his or
suspicion as to his fairness and as to his
her conduct, both in and out of court,
integrity.
maintains and enhances the confidence of
SECTION 1. Judges shall perform their the public, the legal profession and litigants
judicial duties without favor, bias or in the impartiality of the judge and of the
prejudice. (Based on jurisprudence) Judiciary. (Based on Canon 3 of the Old Code)

Just like the lady who symbolizes the To maintain and enhance the impartiality
statuette of justice who is blindfolded, the of the judge which gives him the
judge does not look at the persons of the credibility and moral ascendancy to
parties but only on the weight of dispense justice fairly to the people, he
evidence on the scale and the applicable must always act both in this public and
law; he must evince the cold neutrality of private life with dignity, honesty,
a disinterested magistrate with a duty to competence, and independence.
apply the law without fear or favor, A judge should not only possess
malice or prejudice to anyone.
proficiency in law, but should likewise
The noble office of a judge is to render possess moral integrity for the people to
justice, not only impartially but look up to him as a virtuous and upright
expeditiously as well, for delay in the man.
disposition of cases erodes the faith and
So di pwede nga ig human nyag trabaho, makig any person or issue. (Based on Rule 2.02 and
inom siya sa one of the parties of the case. In 3.07 of the Old Code)
one of the cases, katong Friendster pa, ang
judge ngpost ug picture nga naka off-shoulder. A judges language, both written and
Though it may be okay for other persons, judges verbal must be guarded
are expected to conduct higher standard. (Kung
ma judge ta, mgbikini ta hahahahahha
#DoNotJudgeTheJudge #JudgerKaLang Public Comment or Statement by judges which
#JUDGEgoals) might affect fair trial of cases must be avoided

SECTION 3. Judges shall, so far as is A judge must hear both sides before he
reasonable, so conduct themselves as to should even attempt to make any
minimize the occasions on which it will be conclusion on the issues of a case
necessary for them to be disqualified from which conclusion could be the basis of
hearing or deciding cases. his written judgment. It is dangerous for
a judge to make comments, specially
Judges should avoid activities on
publicly of pending cases before his
occasion which will increase possibility of
court, or even impending cases such as
being disqualified from hearing or
those publicly known and anticipated to
deciding cases.
be filed in court, having been the subject
Fraternization with practicing lawyers of wide publicity, or sensationalized in
and litigants is replete with detriments the media.
and drawbacks in the administration of The danger is rooted in the fact that
justice. Even when the judge has
judges are among the quotable public
rendered decision free from any outside
officials by reason of their exalted
influence or persuasion, should his
positions. And the media, many times,
colleagues happen to win, the judge will
misquote people, wittingly or unwittingly.
be under heavy suspicion that he acted
with partiality or unfairly. This suspicion Kung pangutan-on sa medja ingnag no
becomes a seed of distrust in the mind of comment lang.
the public ultimately eroding the public
confidence in the judge and in the SECTION 5. Judges shall disqualify
judicial system itself. themselves from participating in any
proceedings in which they are unable to
So kanang mgouting with lawyer friends, likayi decide the matter impartially or in which it
na. (Yes sir I will) kay these lawyer friends might may appear to a reasonable observer that
have a pending case in the sala of the judge. If they are unable to decide the matter
makit-an, the other party might entertain the impartially. Such proceedings include, but
idea that nakig discuss siya sa sa case. are not limited to instances where:
SECTION 4. Judges shall not knowingly, a) The judge has actual bias or
while a proceeding is before or could come prejudice concerning a party or
before them, make any comment that might personal knowledge of disputed
reasonably be expected to affect the evidentiary facts concerning the
outcome of such proceeding or impair the proceedings;
manifest fairness of the process. Nor shall
judges make any comment in public or b) The judge previously served as a
otherwise that might affect the fair trial or lawyer or was a material witness in
the matter of controversy;
c) The judge or a member of his or
her family has an economic
interest in the outcome of the Section 1. Disqualification
matter in controversy; of judges No judge or
judicial officer shall sit in
d) The judge served as executor, any case in which he, or
administrator, guardian, trustee, or his wife or child, is
lawyer in the case or matter in pecuniarily interested as
controversy, or a former associate heir, legatee, creditor or
of the judge served as counsel otherwise, or in which he
during their association, or the is related to either party
judge or lawyer was a material within the sixth degree of
witness therein; consanguinity or affinity,
or to counsel within the
e) The judge's ruling in a lower court fourth degree, computed
is the subject of review; according to the rules of
f) T h e j u d g e i s r e l a t e d b y the civil law, or in which
he has been executor,
consanguinity or affinity to a party
administrator, guardian,
litigant within the 6th civil degree
trustee or counsel, or in
or to counsel within the 4th civil
degree; or which he has presided in
any inferior court when his
g) The judge knows that his or her ruling or decision is the
spouse or child has a financial subject of review, without
interest, as heir, legatee, creditor, the written consent of all
fiduciary, or otherwise, in the parties in interest, signed
subject matter in controversy or in by them and entered upon
a party to the proceeding, or any the record.
other interest that could be
substantially affected by the A j u d g e m a y, i n t h e
exercise of his sound
outcome of the proceedings.
discretion, disqualify
But pwede ra ghapon IF the parties will still himself from sitting in a
agree, despite the existence disqualification nga case, for just or valid
ang judge ang mo hear sa case. Pwede na. its reasons other than those
called remittal of disqualification. But such mentioned above. (This
agreement must be put into writing. rule on prohibition and
disqualification of judges
SECTION 6. A judge disqualified as stated is laid down in Section 1,
above may, instead of withdrawing from the Rule 137 of the Rules of
proceeding, disclose on the records the Court)
basis of disqualification. If based on such
disclosure, the parties and lawyers
independently of a judge's participation, all
agree in writing that the reason for the
inhibition is immaterial or unsubstantial, the
judge may then participate in the
proceeding. The agreement, signed by all
parties and lawyers, shall be incorporated in
the record of the proceedings.
Mandatory or Compulsory Voluntary Inhibition Section 2, Rule 137 of the Rules of Court
Disqualification
provides:
When he or a. A judge may,
his wife or his in the exercise
child is of his sound Sec. 2. Objection that judge
discretion
pecuniarily disqualify disqualified, how made and
interested as himself, for
heir, legatee, just and valid effect. - If it be claimed that an
reasons other
creditor or
than those official is disqualified from sitting
otherwise mentioned
When he is above. (Ex. as above provided, the party
Fraternity
related to
brother or objecting to his competency
either party ninong of of
within the the children of may, in writing, file with the
sixth degree one of the
o f parties. Or official his objection, stating
consanguinit
BFF of party of
the case. the grounds therefor (Motion
y or affinity,
or to counsel
Seatmate sa
Legal Ethics. for Inhibition), and the official
within the
Or EX ang
lawyer sa shall thereupon proceed with the
fourth degree
When he has
pikas. Pak
t u a r a ! ) trial, or withdraw therefrom, in
b e e n Discretionary
rani, judge
accordance with his
executor,
administrator,
may still hear
the case.
determination of the question of
guardian, his disqualification. His decision
trustee or
counsel shall be forthwith made in writing
When he has and filed with the other papers in
presided in
any inferior the case, but no appeal or stay
court when shall be allowed from, or by
his ruling or
decision is reason of, his decision in favor of
the subject of his own competency, until after
review
final judgment in the case.


Time when Petition for Disqualification
should be filed:
DISQUALIFICATION INHIBITION
The petition to disqualify a judge
There are The rule
specific o n l y
must be filed before rendition of
grounds provides the judgment, and cannot be
enumerate broad basis
d under the f o r
raised on appeal. Otherwise, the
rules of inhibition parties are deemed to have
court for
disqualifica
waived any objection regarding
tion the impartiality of the judge.
Judicial The matter
officer has is left to the What is remittal of disqualification?
n o s o u n d
discretion discretion
to sit or try of the judge
A judge disqualified may, instead
the case of withdrawing from the
proceeding, disclose in the
records the basis of
disqualification. If, based on such
disclosure, the parties and
What is the procedure for disqualification lawyers, independently of the
judges participation, all agree in
or inhibition?
writing that the reason for the
inhibition is immaterial or
insubstantial; the judge may then 1. Judge getting out from private
participate in the proceeding. The room in a Resort with one of his
agreement, signed by all parties lady subordinates.
and lawyers, shall be
incorporated in the record of the 2. Judge poking his gun to another
proceedings. in a restaurant while in a state of
intoxication.

3. Fraternizing with litigants.


CANON 4. Propriety and the
appearance of propriety are essential 4. Hearing of a Motion while a judge
to the performance of all the activities was on vacation in his room and
of a judge. (Based on Canon 3 of the in improper attire.
Canons of Judicial Ethics)
5. Judge boxing a driver.
Propriety means appropriateness
6. Maliciously kissing a personnel of
It must be open and manifest to a the court.
reasonable observer
7. Borrowing money from a litigant
It is required to be the ethics of a without intention to pay.
judge
8. Hurling intemperate language
unbecoming of a judge.

SECTION 1. Judges shall avoid Saction: Removal from his office. The
impropriety and the appearance of court can also disbar him as a lawyer.
impropriety in all of their activities. But thats very few instances. Usually
removal from office nya pabalikon ra sa
The public holds judges to practice of law. Mao nay giingon nga
higher standards of integrity lawyer way retirement age as long as
and ethical conduct than updated sya sa latest law and
lawyers and other persons jurisprudence.
not invested with public trust.
SECTION 2. As a subject of constant
Being the visible public scrutiny, judges must accept
representation of law and personal restrictions that might be
justice, judges should always viewed as burdensome by the
conduct themselves within the ordinary citizen and should do so
confines of proper judicial freely and willingly. In particular,
deportment and behave in a judges shall conduct themselves in a
manner of short reproach. way that is consistent with the dignity
of the judicial office.
It prohibits not only actual
impropriety but even the mere Membership in the judiciary
appearance of impropriety. circumscribes ones personal
conduct and imposes upon him
certain restriction, the faithful
observance of which, is the price
Instances of Improprieties Committed by
one has to pay for holding such a
Judges (Way labot sa pagka judge pro
distinguished position.
improper)
Accordingly, a magistrate of the
law must comport himself in a It is improper for a judge to allow
manner that his conduct must be a practitioner to receive his
free of a whiff of impropriety, not clients in his (judges) residence.
only with respect to the
performance of his official duties, Such a scenario will create the
but also to his behavior outside wrong impression that the judge
his sala as a private individual. and the lawyer are partners in
His conduct must be able to practice of law.
withstand the most searching The reason is that judges are
public scrutiny, for the ethical
required to always exhibit cold
principles and sense of propriety
neutrality of an impartial judge
of a judge.
SECTION 6. Judges, like any other
SECTION 3. Judges shall, in their
citizen, are entitled to freedom of
personal relations with individual
expression, belief, association and
members of the legal profession who
assembly, but in exercising such
practice regularly in their court, avoid
rights, they shall always conduct
situations which might reasonably
themselves in such a manner as to
give rise to the suspicion or
preserve the dignity of the judicial
appearance of favoritism or partiality.
office and the impartiality and
(Based on jurisprudence)
independence of the judiciary.
This section is directed at Judges in the exercise of their
bolstering the principle of cold
civil liberties should be
neutrality of an impartial judge
circumspect

SECTION 4. Judges shall not


participate in the determination of a
case in which any member of their SECTION 7. Judges shall inform
family represents a litigant or is themselves about their personal
associated in any manner with the fiduciary financial interests and shall
case. make reasonable efforts to be
informed about the financial interests
This rule rest on the principle that
of members of their family.
no judge should preside in a case
in which the judge is not wholly A judge shall refrain from
free, disinterested, impartial and financial and business dealings
independent. that tend to reflect adversely on
the courts impartiality, interfere
with the proper performance of
SECTION 5. Judges shall not allow judicial activities, or increase
the use of their residence by a involvement with lawyers or
member of the legal profession to persons likely to come before the
receive clients of the latter or of other court.
members of the legal profession. They can better observe the
directives in Section 4(A)(h) of
RA 6713 (Code of Conduct and
Ethical standards for Public
officials and Employee) that judicial functions, he does not
public officials and their families violate the provision
shall lead modest lives.Public
officials and employees and their SECTION 10. Subject to the proper
families shall lead modest lives performance of judicial duties, judges
appropriate to their positions and may:
income. They shall not indulge in
(a) Write, lecture, teach, and
extravagant or ostentatious
participate in activities concerning the
display of wealth in any form.
law, the legal system, the
SECTION 8. Judges shall not use or administration of justice or related
lend the prestige of the judicial office matters;
to advance their private interests, or
(b) Appear at a public hearing before
those of a member of their family or of
an official body concerned with
anyone else, nor shall they convey or
matters relating to the law, the legal
permit others to convey the
system, the administration of justice
impression that anyone is in a special
or related matters;
position improperly to influence them
in the performance of judicial duties. (c) Engage in other activities if such
activities do not detract from the
The acts prohibited by the rule.
dignity of the judicial office or
a. Judges act of using judicial otherwise interfere with the
office to advance private performance of judicial duties.
interests and;

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

SECTION 9. Confidential information


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

The prohibition to use or disclose


confidential information acquired
by the judge in his judicial
capacity is not absolute. If the
purpose of the use or disclosure
is related to their judicial duties,
there is a violation of the section.
However, if the purpose is not
related to the judicial duties of the
judge, there is no violation. So, if
the judge uses the information in
a financial dealing unrelated to
March 1, 2017 Discussion Proper and right conduct that must be
observed by the judge in all his activities
(Recap) Just like integrity and independence,
this characteristic must be observed by
INTEGRITY the judge not only in court but also
Such trait and characteristic must be outside of the court
observed by the judge not only in his In the case of Lorezana v. Austria
performance of judicial function but also where the judge was disciplined by the
on his private transaction. court for posting the picture in friendster
He should be a man of integrity. wherein that picture is inappropriate.

The new code of judicial conduct will The judge cannot engage in other
govern the acts of the judge while he is activities are not in any way related to
in office as well as as a private citizen. the performance of their judicial function
especially if these activities will conflict
IMPARTIALITY with their judicial function.

On impartiality, we discussed that just (End of Recap)


like independence, it is not enough that
the decision of the judge is impartial.
The process also in a coming up with
SECTION 10. Subject to the proper
the decision must be seen to be
impartial. performance of judicial duties, judges:

Judge must not be biased and should Write, lecture teach and participate
not favor any of the parties except he in activities concerning the law, the
will decide the case based on his legal system, the administration of
assessment of the facts and the justice or related matters;
applicable law and jurisprudence. And
that the decision rendered by the judge Appear at a public hearing before an
should not only be impartial but the official body concerned with matters
process in coming up with the decision relating to the law, the legal system,
must be seen to be impartial the administration of justice or
related matters;
We discussed situations wherein the
judge is mandated to inhibit himself from Engage in other activities if such
hearing and deciding a case. Instances activities do not detract from the
wherein on account of relationship with dignity of the judicial office or
either of the parties or the counsel of the otherwise interfere with the
case wherein the judge has to disqualify
performance of judicial duties.
himself.
Under the new code of judicial conduct, it also
We discussed on mandatory inhibition or
provides for certain activities where the judge
disqualification and voluntary inhibition
can engage into provided that it will not affect
wherein based on the discretion of the
the performance of their judicial duties.
judge he will exclude/excuse himself
from hearing and deciding a case Under the new code, they can teach/lecture/
especially when a party to that case will participate in activities concerned with the law.
raise an issue as to his impartiality.

PROPRIETY
Judge can also appear public hearing/forum from acting more subtly in a way
with respect to a certain matters relating to the more befitting an advocate than a
law judge.
And engage in other activities provided that And then we have Section 11, they cannot
such activities do not detract from the dignity of engage in the practice of law. It simply means
the judicial office
that they CANNOT accept clients, draft
Propriety as well as Independence is the duty pleadings for clients, give legal advice to clients
also of the judge to avoid such situation which because they are not allowed. They are
will compromise him. Fraternization with lawyers prohibited from engaging in the practice of law.
especially those lawyers who have pending
cases in his sala should avoid those situations. So katung three main activities: giving legal
They can engage into activities listed (Instances advice, preparation of legal documents for
of Improprieties Committed by Judges) as long
clients, and appearance in courts. Judges
as it will not affect the performance of the
judge's duties and will not affect the impartiality cannot do that because that's practice of law
and independence. which is reserve to those who are in the private
practice.
Under this section, judge is allowed to engage
in other activities. Take note the provision in the
constitution which prohibits the judge from
being designated to any performing quasi- SECTION 12. Judges may form or join
judicial or admin functions. The reason for that associations of judges or participate in
is his order or act in that agency might be other organizations representing the
questioned later on in the court. So, there might interests of judges. (based on Canon 4
be conflict of interest. So, there is an express of the Old Code and Rule 4.01)
prohibition in the constitution that he cannot be
designated to this agencies other than his This rule recognizes the difference
function as a judge. between membership in associations
of judges and membership in
association of other legal
SECTION 11. Judges shall not practice professionals. While attendance at
law while the holder of public office lavish events hosted by lawyers
(taken from the --- Rule 5.07 of the Old might create an appearance of
Code) impropriety, participation in judges-
only organizations does not.
This prohibition is based on the
inherent incompatibility of the right, On FRATERNIZATION, they cannot join
duties, and functions of the office of associations with lawyers but they may form
an attorney with the powers, duties their own association of judges. In a way they
and functions of a judge. are restricted with respect to their social
relationship with the fellow lawyers. Dili sila
Note: Sec. 35 of Rule 138 of the pwede. Since it's possible they may cultivate
Rules of Court prohibits judges from close relationship with a certain lawyer and it's
engaging in the practice of law or possible later on in the future that lawyer may
have a pending case in the judge's sala. There
giving professional advice to clients.
may arise a question on impartiality and
Philippine courts not only prohibit propriety and integrity as a person and as a
judges from overtly representing judge. But he can join parties and gatherings
with fellow judges. Pwede rana siya.
clients as counsel of record, but also
transaction which may be affected by the
function of their office.
SECTION 13. Judges and members of
the judiciary ---- nor accept, any gift,
bequest, loan or favor in relation to
anything done or to be done or omitted Acceptance of Gifts, Bequests, Loans or
to be done by him or her in connection Favors from Anyone is Prohibited
with the performance of judicial duties. There are many law which prohibit a
(based on Rule 5.04 of the Old Code) judge or any public officer for that
Gift refers to a thing or a right to matter, to accept gifts, bequests or
dispose of gratuitously, or any act of favors or loans from anyone, except
liberality, in favor of another who when provided by law.
accepts it, and shall include a Bribery, Indirect and Direct (Articles
simulated sale or an ostensibly 210 & 211 of the Revised Penal
onerous disposition thereof. It shall Code)
not include unsolicited gift of nominal
or insignificant value not given in Anti-Graft and Corrupt Practices Act
anticipation of, or in exchange for, a (RA 3019)
favor from a public official or
employee (Section 3(c), RA 6713 Void Donations (Article 739 of the
[Code of Conduct and Ethical New Civil Code)
Standards for Public Officials and
Loans prohibited under the
Employees]).
Constitution (Article XI, Section 16,
Loan covers both simple loan and 1987 Constitution)
commodatum as well as guarantees,
fi n a n c i n g a r r a n g e m e n t s o r
accommodations intended to ensure On RECEIVING OF GIFTS, they cannot receive
its approval (Section 3(e), RA 6713) or ask gifts or any favor in relation to anything.
Favor refer to any benefit or On your discussion in criminal law on bribery
advantage received from a person you have there direct and indirect. It is also
not related to the judge which is not covered in this new code. It applies to judges
included in the concept of a gift or being government and public officials.
loan.
- In relation to his section in
propriety, you have there provision in RA 6713
wherein public officials
Section 13 should be read in conjunction
and employees shall not solicit or accept
with Section 7(d) of RA 6713 (Code of
directly or indirectly any gift.
Conduct and Ethical Standards for Public
Officials and Employee) which provides It covers direct and indirect bribery.
that, public officials and employees shall - Aside from the new code, you
not solicit or accept, directly or have other provisions of laws which prohibits
indirectly, any gift, gratuity, favor,
the acceptance and
entertainment, loan or anything of money
solicitation of gifts by judges. You have the
value from any person in the course of their
official duties or in connection with any RPC, RA 3019, provision in
operation being regulated by or any the Civil Code, and provision in the Constitution.
ACCEPTANCE OF A GIFT in relation to the duly supervising and regulating the acts of his
office may violate the RPC as well as this other subordinate. Relax ra pud kaayo siya.
provisions on these laws. There might be a
criminal liability to the judge as well as
administrative liability for acceptance of a gift in
SECTION 15. Subject to law and to any
relation to office especially if the gift is for the
legal requirements of public disclosure,
judge to be biased to one of the parties in the judges may receive a token gift, award or
case. benefit as appropriate to the occasion on
which it is made provided that such gift,
award or benefit might not reasonably be
SECTION 14. Judges shall not knowingly perceived as intended to influence the
permit court staff or others subject to judge in the performance of judicial
their influence, direction or authority, to duties or otherwise give rise to an
ask for, or accept, any gift, bequest loan appearance of partiality. (partly based on
or favor in relation to anything done or to Rule 5.04 of the Old Code)
be done or omitted to be done in Judges are allowed to accept token
connection with their duties or functions. gifts, awards, or benefits when given as
(partly based on Rule 5.04 of the Old a consequence of a special occasion.
Code)
To avoid any misrepresentation, the
The judge cannot be allowed to do Section describes the gift as token gift to
indirectly what he is not allowed to do indicate that it is just a symbolic gesture.
directly by permitting other persons like It is not something of value given as
his subordinates or staff to do or not to compensation or bribe.
do or omit to do certain acts in
consideration of a gift, bequest, loan or Judge under this section can receive token
favor. All will be liable under the law. gifts. When the judge is asked to give a speech
or be a speaker in a MCLE seminar, they can
Just like impartiality and independence, the receive a token gift in that regard.
judge is also responsible and accountable to
the acts of his subordinates - of the court staff.

The judge shall not knowingly permit his staff to EQUALITY


ask for or accept any gift. Take note that for a
Canon 5. Ensuring equality of treatment
judge to be liable, he must have knowledge. So
to all before the courts is essential to the
kung wala siya kabalo, he can make that
due performance of the judicial office.
defense. There are also some court staff nga
(new Canon inspired by the Canon 3 of
ang buhaton - kabalo na sila naa'y decision, the Old Code)
they will call the parties and mangwarta. I f
the judge has knowledge of that, he can be
held liable under this section but if he has no
Equality of Treatment The judge must
knowledge of the practice of his court staff, he
treat all litigants with equality regardless
may not be liable under this but may be liable
of their race, nationality, sex or religion.
on other provision of the new code especially He should not play favorite. He cannot
on diligence and competence under Canon 6 - be respectful to the rich but
in here he failed to exercise his diligence in disrespectful to the poor.
The Canon requires equal treatment to race, nationality, status, etc. The same with the
ALL who have legal business to do with judge as well as his court staff.
the court.
This is a new provision that is not found in the
This is more or less related to impartiality and old judicial conduct. You have there the judges
independence. should be aware of and understand diversity in
the society and differences. Again, the judge
must treat fairly and equally the people who
SECTION 1. Judges shall be aware of and come to court. No discrimination that should be
understand diversity in society and done by the judge.
differences arising from various sources,
including, but not limited to, race, color,
sex, religion, national origin, caste, SECTION 2. Judges shall not, in
disability, age, marital status, sexual performance of judicial duties, by words
orientation, social and economic status or conduct, manifest bias or prejudice
and other like causes. (new provision) towards any person or group on
By adhering to the principle to the irrelevant grounds. (partly based on Rule
principle of equality to all, judges shall 3.07 of the Old Code, Canon 3 of the
not entertain bias or prejudice by reason Canons of Judicial Ethics, and
of the race, color, sex. Religion, age, Jurisprudence)
marital status, sexual orientation, social
Magistrates of law must comport
and economic status of litigants seeking themselves at all times in such a manner
justice in court. that their conduct, can withstand the
Judges must treat all fairly and equally highest level of public scrutiny.
despite their striking diversities and Judges should avoid private remarks,
differences in many aspects of their life hasty conclusions, or distasteful jokes
status and experience. that may give even erroneous
To render substantial justice and impressions of prejudice and lead the
maintain public confidence in the judicial public to believe that cases before them
system, judges are expected to be aware are being prejudged.
of the diversity in society that results
Litigants are entitled to no less than the
from an increased worldwide exchange cold neutrality of an impartial judge.
of people and ideas.
In relation to independence and impartiality, the
A judge must be able to render judge should not make any statements when
substantial justice and maintain public the case is pending which will show his bias or
confidence in the judicial system, by which will manifest prejudgment of the case. He
being aware of the diversity in society. should treat the parties equally. So, if he allow
With that awareness, a judge should not the lawyer one party to argue then he should
yield to first impression, reach hasty also accord the same opportunity to the other
conclusions or prejudge matters. party to also speak. Dili kay ang pikas lang
pirmi ang pa-sturyahon unya ang pikas
The judge should accord equal treatment to all pahilumon.
the parties/persons who will come to court.
Just like also with lawyers. The lawyers cannot In relation to impartiality, you have there the
concept of cold neutrality of a partial judge.
decline representation solely on the basis of his
Again, bias, impartiality, prejudice has no place
in the performance of the judicial function. The In addressing counsel, litigants, or
judge must decide the case based on the witnesses, the judge should avoid a
merits and not based on personalities. Not tone that creates animosity.
based on the status and either on
considerations not in any way related to the Judges should always be aware that
merits of the case. Just like lawyers also the disrespect to lawyers generates
judges they are also expected to be disrespect to them. There must be
conscientious and diligent on the performance mutual concession of respect.
of their function. They should be updated with
the current law and jurisprudence so that they If he wants to be respected, he should also
will be able to effectively perform their job. accord respect to the lawyers, to the party-
litigants who appear before his court. Di
SECTION 3. Judges shall carry out
siya mang-insulto. Naa may uban mag
judicial duties with appropriate
power trip. Uban pud judge, naay
consideration for all persons, such as
kaugalingong rules. Naa'y rules of court,
the parties, witnesses, lawyers, court
naa puy rules of this court pud.
staff and judicial collegaues, without
differentiation on any irrelevant ground, But again you should avoid quarreling withe
immaterial to the proper performance of judge because the judge has the power to
such duties. (partly based on Rule 3.04 of cite you in contempt although the judge
the Old Code) may be wrong but again he is the judge
and you have a pending case in his court.
As arbiters of the law, judges should be
At the end of the day, he is the one who will
conscientious, studious, courteous,
decide the case.
patient and punctual in the discharge of
their judicial duties recognizing that time If you are the subject of disrespect or
of litigants, witnesses and counsel is of abusive attitude by the judge, what you can
value. do is to make the necessary complaint
against the judge in the proper forum. Dili
Because even if the parties are punctual in
kay tungud gi away ka sa judge, imo nung
court. Ang lawyer/litigants sayo kaayo but
ingnon sumbagay nalang. While your anger
late ang judge - wala gihapoy mahimo nga
may be justified because the judge
trabaho. Naay uban gani late na kaayo ang
provoked you but you could be liable to
judge ang buhaton nalang i-reset nalang
disciplinary action by the SC. If you have
ang hearing to another date because wala
any grievance against the judge because
nay time. In that instance, it's not the fault of
the judge is disrespectful, what you can do
the lawyers or the parties. It's now on the
is to file the necessary/appropriate
judge. For that tardiness, if it's habitual, he
complaint before the proper forum - before
could be subject to a disciplinary action by
the SC.
the SC.
RESPECT. To get it, you must give it.
Right attitude of judges to lawyers,
litigants, witnesses and all others Respect is not a one-way ticket where the
appearing before the court judge should be respected but free to insult
lawyers and others who appear in his court.
Judges should act with decorum
toward lawyers, parties, court staff, If the judge indulges in intemperate
spectators, and alike. language, the lawyer can return the
attack on his person and character
through an administrative case Judges also in this canon are encouraged
against the judge. to be patient especially to new lawyers.
Mailhan man dayun ang mga bag-o kay ig
So if the judge will make side comments or sugod pa lang daghan kaayo ug sturya
remarks against the person of your client or bitaw. Basta maka spot na dayun ang judge
the person of the lawyer, what the lawyer kay katung mga practitioner. Kung nay bag-
can do is to manifest that the statement of o daghan pa kaayo ug "good morning your
the judge should be reflected in the record. honor" kumpleto jod. Kanang cross examine
Kanang mga stenogrpahic notes, ma reflect unya pirmi ma object-kan sa pikas ang new
na didto. lawyer, the judge will also help. That's the
way of helping new lawyers in the practice
If you want the judge to be disqualified from
of law. Even if you are new, under the CPR,
hearing the case, you should do that before
it is the duty of the lawyer to adequately
there is the judgment. Otherwise, if you
prepare for the trial.
raised the issue on the impartiality of the
judge after the judgment you are deemed to Arrogance of judges must be repressed
have waived the same. You can use the
statements made by the judge on the Judges must not even think or
record. Naa'y uban sad, ipatawag sa judge believe that litigants are made for the
ang parties kung init na kaayo ang courts and not the courts for the
argument sa court, mu ingon siya'g off the litigants.
record, mag sturya. Pawngun ang tape
re c o rd e r u n y a m u h u n o n g p u d u g It is a fundamental principle in our
transcribe ang stenographer. But as a rule, democratic system of government
naka record na tanan diha - from the start of that no official, no matter how high, is
the proceeding. If you are a lawyer of the above the law.
client, you can ask for the copy of Uban judge mag power trip sad lage. They
stenographic notes. Although you have to should avoid being arrogant. Dili siya mag
pay per page. huna-huna nga siya na ang sakto sa tanan.
Patience, attention and courtesy to
inexperienced lawyers is specially
directed SECTION 4. Judges shall not knowingly
permit court staff or others subject to his
Judges must muster all the patience or her influence, direction or control to
and attention they could in order not differentiate between persons
to discourage the beginners in the concerned, in a matter before the judge,
practice of law. rather than battering on any irrelevant ground. (new provision)
them with insulting remarks and
embarrassing questions such as DUTIES OF JUDGES UNDER THIS
asking them when they passed the SECTION:
Bar examinations, or from what
schools they came from, the good To ensure that court personnel
judge would rather courteously guide under their supervision do not
the youthful or inexperienced lawyers discriminate by dispensing
with kind words of advice and special favors or disclosing
encouragement, inspiring them in the confidential information to any
process to study harder and excel in unauthorized person, regardless
the field of lawyering. of whether such information came
from authorized or unauthorized may be the subject of legitimate
sources; and advocacy. (based on Rule 3.10 of the Old
Code)
To organize their courts to
ensure the prompt and Judges should conduct proceddings
convenient dispatch of in court with dignity and in a manner
business and should not that reflects the importance and
tolerate misconduct by clerks, seriousness of proceedings. They
sheriffs and other assistants who should maintain order and proper
are sometimes prone to expect decorum in the court.
favors or special treatment due to
their professional relationship with Every court has the inherent power
the judge. among others, to preserve and
enforce orders in its immediate
All personnel involved in the presence, to compel obedience to its
dispensation of justice should conduct judgments, orders and processes
themselves with a high degree of and to control, in furtherance of
responsibility. justice, the conduct of its officers.
A judge who knowingly permit his Judges should take or initiate
court personnel or other subject to appropriate disciplinary measures
his control to do the above acts of against lawyers or court personnel for
discrimination or differentiation will unprofessional conduct of which the
be committing a breach of the New judge may have become aware.
Code.
Judges can order lawyers to stop
The same also with propriety, in equality from abusing, browbeating or
also, the judge must see to it also that the harassing or unnecessarily
court staff will also observe and accord inconveniencing witnesses.
equal treatment. Dili siya pwede nga ang
judge ray nag tinarong unya ang mga staff Judges can admonish or even hold
kay abusado kaayo. They should also see in contempt of court lawyers who
to it that the staff will observe the same persist in making disturbing acts or
values of equality, propriety, independence. mouthing libelous statements in
court.
Again, if he knowingly permit his court staff
to do the discrimination then he (judge) is Judge also must control the proceedings in
also held liable. Aside from his judicial court. Iya na i-control ang mga lawyers kay
function, he has also managerial function. naa'y uban lawyers na grabe kaayo mu
He has to manage the staff of his office. argue bisag mu ingon na nga "sige that's
Command responsibility in that regard. enough. let's hear from the other party" sige
gihapon ug sturya. Judge should control
kay kung dili mag sige lang ug sturya
especially if the client is present kay magpa
SECTION 5. Judges shall require lawyers bilib mana. Di pa alkansi jod. Maniguro sa
in proceedings before the court to refrain appearance fee.
from manifesting, by words or conduct,
bias or prejudice based on irrelevant If he have to exercise the power to
grounds, except such as are legally contempt, then he has to exercise that. If
relevant to an issue in proceedings and there's unruly behavior committed during
the proceedings, he could cite the person law. (Heirs of Piedad v. Estrella, A.M.
responsible for contempt of court because No. RTJ-09-2170, Dec. 16, 2009)
he has that power. Precisely, that power is
given to him in order to control the Competence refers to the skill and
proceedings. To ensure that there is a fair, knowledge of the judge. Skill in handling a
smooth administration of justice. court case and Knowledge of the law and
the jurisprudence.
Two concepts of contempt:
Diligence on the effort exerted by the judge
1. Direct contempt - if the misbehavior or in the performance of his function and
misconduct is committed in the presence of supervising his court staff.
the judge or during the hearing; automatic
for contempt; no opportunity to explain for Again, when they are appointed as a judge
the lawyer they are presumed to be competent and
diligent. Because you have the
2. Indirect contempt - there is the qualifications for a lawyer to be appointed
opportunity for the other party to answer as a judge. One of the qualifications is he
and there would be a hearing in that regard should be a man of proven integrity, probity,
and independence. So, they are presumed
to be competent and diligent but that is just
a presumption.
CANON 6. COMPETENCE AND
DILIGENCE. Competence and diligence Again, on competence, they are expected
are prerequisites to the due performance to know the law and the rules of court.
judicial office. (bases on Canon 3, Rule That's why they don't know the law and they
3.01, and Rule 3.08 of the Old Code) are not familiar with the rules of court, the
party may file a case against him for gross
Membership in the bench requires,
ignorance of the law. If lawyers are
among other stringent qualifications,
expected to be updated on the latest laws
proven competence, integrity,
and jurisprudence, much more with respect
probity, and independence.
to judges because they are the ones who
Judges must have both competence will decide the case. So dapat kabalo sila
and diligence to be able to cope with unsay sakto nga balaod nga i-apply sa
the heavy and serious kaso. They should know the rules of court
responsibilities and duties attached otherwise if they don't know the things, basi
to their offices. di sila mag dugay and might be removed
by SC for incompetence and for gross
A judge upon assumption to office, ignorance of the law. And in gross
becomes the visible representation of ignorance of the law, good faith is not a
law and of justice, hence, the defense. If you do not know the basic law,
Constitution (Section 7(3), Article VIII), then even if you alleged good faith and in
prescribes that he must be a person of your part no malice/bias/fraud, the same
proven competence as a requisite of his you can still be disciplined by the SC on
membership in the judiciary. that ground alone - gross ignorance of the
law.
As members of the judiciary, judges
ought to know the fundamental legal
principles; otherwise, they are
susceptible to administrative -COMPETENCE-
sanction for gross ignorance of the
SECTION 1. The judicial duties of a judge in court and the making of decisions, but
take precedence over all other activities. also other tasks relevant to the judicial
(based on Canon 5 and Rule 5.02 of the office or the courts operations. (a new
Old Code) provision based on jurisprudence)
Primary duty of judges to hear and A judge does not only hear and
decide cases brought to them for decide cases, but also performs
trial and adjudication. other important tasks like the
management and supervision of
Judges cannot malinger or refrain court personnel and operations.
from their duty to decide
complicated or controversial cases. Keeping of records of cases which is
Unless there are clear and valid not an easy task is under his
grounds for their disqualification or supervision. Loss of records may be
inhibition, they must not recuse form attributed to his negligence and lack
such cases. of management skill for which he
may be liable administratively.
On competence and diligence, the primary
duty of the judge is to hear and decide the He cannot blame his staff for it. It is still his
case. Kanang mga extra-curricular activities responsibility. Dili siya kapamhid sa sala sa
sa judge, apil siya ug shooting/running laing tao. Except for fortuitious events/force
club, it should be secondary. In fact, if he is majeure.
engaged into teaching of law, in case of
conflict with respect to his judicial function As an administrative officer of the court,
and his other activities, the judicial function a judge should organize and supervise
should be prioritized. Because the primary the court personnel to ensure prompt
duty of the judge is to hear and decide and efficient dispatch of business and
cases. require at all times the observance of
high standards of public service and
What are the duties of a judge under this fidelity.
section?
A judge is expected to ensure that
A judge must perform his judicial the records of the cases assigned to
duties with regard to a case where his sale are intact. There is no
he is not disqualified to do so and, justification for missing records save
may not divest himself of such case if fortuitious events.
he is not so disqualified; and
A judge shall not inhibit himself
simply to avoid sitting on difficult or SECTION 3. Judges shall take reasonable
controversial cases. steps to maintain and enhance their
knowledge, skills and personal qualities
Absent any reason for him to inhibit - the necessary for the proper performance of
rule is he must decide the case. judicial duties. Taking advantage for this
purpose of the training and other
facilities which should be made
available, under judicial control, to
SECTION 2. Judges shall devote their
judges. (inspired by Canon 4 of Canons
professional activity or judicial duties,
of Judicial Ethics and Canon 4 of the Old
which include not only the performance
Code)
of judicial functions and responsibilities
One who accepts the exalted with ignorance of law can find
position of a judge owes the public refuge.
and the Court the duty to maintain
professional competence at all times. Rationale: As a matter of policy, in
When a judge displays an utter lack the absence of fraud, dishonesty and
of familiarity with the rules, he erodes corruption, the acts of a judge in his
the confidence of the public in the official capacity are not subject to
courts. A judge owes the public and disciplinary action.
the Court the duty to be proficient in Service in the judiciary means a
the law and is expected to keep continuous study and research on the
abreast of laws and prevailing law from beginning to end. Judges are
jurisprudence. Ignorance of the law regarded as persons learned in the law.
by a judge can easily be the ignorance of the law excuses no one
mainspring of injustice. (Villanueva v. has special application to judges.
Judge Buaya, A.M. No. RTJ-08-2131,
November 27, 2010) Though good faith and absence of
malice or corruption are sufficient
They will attend PhilJa (Philippine Judicial defenses, such does not apply
Academy) for recent jurisprudence. where the issues are so simple and
IGNORANTIA JURIS NEMINEM EXCUSAT. the applicable legal principles
evident and basic as to be beyond
Ignorance of the Law Excuses No One. possible margin of error. (Corpus v.
Ignorance of the law, which everyone is Ochotoresa, A.M. No. RTJ-04-1861,
bound to know, excuse no one much July 30, 2004).
more so judges.
Everyone especially a judge, is
presumed to know the law when SECTION 4. Judges shall keep
the law is so elementary, not to be themselves informed about relevant
a w a re o f i t c o n s t i t u t e s g ro s s developments of international law,
ignorance of the law. including international conventions and
other instrument establishing human
Note: To make judges liable for rights norms. (new provision)
gross ignorance of the law, it is not
enough to prove that they are really The competence of Philippine judges
non-knowledgeable of the law. it must not be confined to domestic
must also be proved that they were laws and jurisprudence.
motivated by bad faith, dishonesty, Norms of international law has
fraud, corruption and some other become the concern of judges
similar motives. because they form part of legal
Defenses in Charges of Gross Ignorance standards by which their
of the Law competence and diligence required
by the New Code of Judicial Conduct
Good faith, absence of malice, are to be measured.
corrupt motives or improper
c o n s i d e r a t i o n a r e s u f fi c i e n t New provision not found in the old judicial
defenses in which a judge charged conduct. Judges are required to know of
these things.
been rendered or issued within said
period.
-DILIGENCE-
(4) Despite the expiration of the
SECTION 5. Judges shall perform all applicable mandatory period, the
judicial duties, including the delivery of court without prejudice to such
reserved decisions, efficiently, fairly and responsibility as may have been
with reasonable promptness. (partly incurred in consequence thereof,
based on Canon 6 of the Canons of shall decide or resolve the case or
Judicial Ethics, Rule 1.02 and Rule 3.05 matter submitted thereto for
of the Old Code) determination, without further delay.
Purpose of the Canon It is intended Asa mag start ang three months pag count?
to implement the provision of the Mag start na once there is an order from the
Constitution which makes it the judge submitting the case for decision.
judges duty to decide cases
promptly, and to give parties to a suit Example in a civil case. The plaintiff will file
the enjoyment of their right to the a complaint and the other party will file the
speedy disposition of their cases. answer. There will be pre-trial. After, there'll
be JDR and if no settlement, the plaintiff
Section 15, Article VIII of the should present evidence. Presentation and
Constitution: then offer of evidence and it is now the turn
of the defendant. The defendant will now
Section 15 (1) All cases or matters
present the evidence Offer and then the
filed after the effectivity of this
p a r t i e s w i l l b e re q u i re d t o s u b m i t
Constitution must be decided or
memorandum. Thereafter, the judge will
resolved within twenty-four months
make an order submitting the case for
from date of submission for the
decision. Once there is that order, mag start
Supreme Court, and, unless
nana ang three months. He has to make a
reduced by the Supreme Court,
decision within that period. Otherwise, he
twelve months for all lower
could be subject to liability. Mao na i-audit
collegiate courts, and three
sila sa SC every January and June (usually)
months for all other lower courts.
of the year. Kung pila ang kaso nga
(2) A case or matter shall be deemed pending, etc.
submitted for decision or resolution
If the judge cannot deicde the case within
upon filing of the last pleading, brief,
the period provided under the law then he
or memorandum required by the
has to ask for an extension from the SC. Dili
Rules of Court or by the court itself.
siya mag buot buot nga i-extend ko lang ni
(3) Upon the expiration of the siya. He has to inform the court for him to
corresponding period, a certification be allowed to render the decision beyond
to this effect signed by the Chief the period provided under the law.
Justice or the presiding judge shall
Judges must comply with the
forthwith be issued and a copy
reglementary period within which to
thereof attached to the record of the
decide cases
case or matter, and served upon the
parties. The certification shall state No less than the Constitution
why a decision or resolution has not mandates lower courts to resolve or
decide cases within three (3)
months after they have been staff and others subject to their
submitted for decision. influence, direction or control. (based on
Rules 3.03, 3.04, 3.08, 3.09 of the Code of
The requirement that judges must Judicial Conduct)
decide cases within the specified
period is intended to prevent delay The ideal judge is one who looks,
in the administration of justice. talks, walks and dresses like one,
For justice delayed is often justice with decency and respectability. He
denied. is a complete gentleman proficient in
law, upright, fearless, honest and
Delay in the disposition of cases dedicated to the cause of law as
impairs the faith and confidence of dispenser of justice.
the people, specifically the low-
oncome group, in the judiciary. This is in relation to equality and propriety.

That requirement's purpose is to prevent


delay in the administration of justice. You
have the saying, "Justice delayed. Justice SECTION 7. Judges shall not engage in
denied." Pwede sad siya "Justice delayed. conduct incompatible with the diligent
Justice paid' (SIR NOOOO) discharge of judicial duties. (new
provision)
Remedy if cases could not be resolved
within the prescribed period This section is an all-encompassing
rule which will cover all forms of
Upon proper application, and in conduct of judges not covered
meritorious cases, especially those explicitly by the Old or New Code
involving difficult questions of law or which must be avoided. Some acts
complex issues, the Supreme Court are not illegal, but if they will run in
allows lower court judges additional conflict with the efficient discharge of
time to decide beyond the ninety-day judicial duties, they must be avoided.
period. In short, an application or
request for extension of time is Very broad provision. So kung dili siya
necessary. maigo sa uban provision, ari siguro siya
maigo since this is a very broad provision of
Judges by themselves cannot extend the new code. Some acts which are not
the period for deciding cases legal may fall under this.
beyond that authorized by law the
extension must first be approved by
the Supreme Court.

SECTION 6. Judges shall maintain order


and decorum in all proceedings before
the court and be patient, dignified and
courteous in relation to litigants,
witnesses, lawyers and others with
whom the judge deals in an official
capacity. Judges shall require similar
conduct of legal representatives, court
March 2, 2017 Discussion
In the absence of fraud, dishonesty or
corruption, acts of a judge in his judicial
Legal Ethics (March 02, 2017) capacity is not subject to disciplinary actions
even though such acts are erroneous, so
(Liability of the judge. So on one hand, the long as he acts in good faith. In such a case,
lawyers, they are liable for any misconduct that the remedy of the aggrieved party is not to
they will commit in the performance of their file an administrative complaint against the
practice of their profession. So under the rules judge but to elevate the error to a higher
of court, it holds there the grounds for court for review and correction.
suspension or disbarment. Now, with respect to
judges and justices, if they commit any Exception to the exception: When the law or
misconduct or violation of the new code, then procedure is so elementary, such as the
they are also liable. They can be held liable provisions of the Rules of Court, not to know, or
administratively, criminally, or civilly for to act as if one does not know the same,
damages. So there are three kinds of liabilities constitutes gross ignorance of the law, moves(?)
that may be imposed against the judge. without the complainant having to prove malice
or bad faith.
The judge in performing his functions, that is
hearing and deciding a case, is not to be held (The complainant did not even allege bad faith
liable for the decision that he will render. So if in that regard. Here, there must be imminent
the party will lose the case say for example, in a bad faith or dishonesty or corruption in order for
civil case, what he should do is file an appeal to one to be able to avail of the administrative
t h e c o u r t o f a p p e a l s a n d n o t fi l e a n complaint.
administrative case against the judge. So under
the rules of court, you have there the remedies Here, if your ground is gross ignorance of the
available to a party in a criminal case, civil case, law, you need not allege in your complaint
or in a special proceeding. against the judge before the SC bad faith or
malice because that is enough, gross ignorance
In a civil case, what you should do is file an of the law. Again, just like lawyers, judges are
appeal to the CA. Just like also in the criminal also mandated under the new code to be
case. You should follow the procedures under consensus in their duties, to study the latest law
the Rules of Court.) and jurisprudence. So as to the administrative
charges against the judge:)
LIABILITIES OF JUDGES AND JUSTICES
Administrative Charges and Sanctions
General Rule: A judge is not liable They are classified as:
administratively, civilly, or criminally when he Serious;
acts within his legal powers and jurisdiction. Less Serious;
Light Charges. (Sec. 7, Rule 140, ROC)
Reason: To free the judge from apprehension of
personal consequences to himself and to Administrative Serious Charges
preserve the integrity and independence of the Bribery, direct or indirect;
judiciary. Dishonesty and violations of the Anti-Graft
and Corrupt Practices Law (R.A. No. 3019);
Exception: Where an error is gross, deliberate Gross misconduct constituting violations of
and malicious, or is incurred with evident bad the Code of Judicial Conduct;
faith, or when there is fraud, dishonesty, or Knowingly rendering an unjust judgment or
corruption. (So aside from the party while order as determined by a competent court in
appealing in the CA, the party could likewise an appropriate proceeding;
institute and administrative complaint. Pwede Conviction of a crime involving moral
dunganon). turpitude;
Willful failure to pay a just debt; A fine of more than Php10,000.00 but not
Borrowing money or property from lawyers exceeding Php20,000.00 (Sec. 11 (B), Rule
and litigants in a case pending before the 140, ROC)
court;
Immorality; Administrative Light Charges
Gross ignorance of the law or procedure; Vulgar and unbecoming conduct; (may
Partisan political activities; and involve violations on propriety. He may be
Alcoholism and/or vicious habits. (Sec. 8, competent and diligent in the performance of
Rule 140, ROC) his functions as a judge like punctual in court
proceedings and render decisions in the
Administrative Sanctions for Serious time provided for by the law but as a citizen,
Charges he may not be a good person)
Dismissal from the service, forfeiture of all or Gambling in public; (mahjong sa balay okay
part of the benefits as the Court may ra pero casino, its very public. Even
determine, and disqualification from government officials are not allowed)
reinstatement or appointment to any public Fraternizing with lawyers and litigants with
office, including government-owned or pending case/case in his court; and
controlled corporations. Provided, however, Undue delay in the submission of monthly
that the forfeiture of the benefits shall in no reports. (Sec. 10, Rule 140, ROC)
case include accrued leave credits; or
Suspension from office without salary and Administrative Sanctions for Light Charges
other benefits for more than three (3) but not A fine of not less than Php1,000.00 but not
exceeding six (6); or exceeding Php10,000.00; and/or
A fine of more than Php20,000.00 but not Censure;
exceeding Php40,000.00. (Sec. 11, Rule Reprimand;
140, ROC) Admonition with warning. I(Sec. 11 (C), Rule
140, ROC)
Administrative Less Serious Charges
Undue delay in rendering a decision or Grounds for Administrative Sanctions
order, or in transmitting the records of a against Judges
case; Misconduct any unlawful conduct on the
Frequent and unjustified absences without part of a person concerned in the
leave or habitual tardiness; administration of justice prejudicial to the
Unauthorized practice of law; (prohibited rights of parties or to the right determination
from the private practice of law meaning, he of the case.
cannot accept clients or file pleadings for
them) Serious Misconduct implies malice or a
Violation of Supreme Court rules, directives, wrongful intent, not a mere error of
and circulars; judgement. For it to exist, there must be
Receiving additional or double reliable evidence showing that the judicial
compensation unless specifically authorized acts complained of were in persistent
by law; disregard of well-known legal rules.
Untruthful statements I the certificate of
service; and
Simple misconduct (Sec. 9, Rule 140, ROC) I n e f fi c i e n c y i m p l i e s n e g l i g e n c e ,
incompetence, ignorance and carelessness.
Administrative Sanctions for Less Serious A judge would be inexcusably negligent if he
Charges failed to observe in the performance of his
Suspension from office without salary and duties that diligence, prudence and
other benefits for not less than one (1) nor circumspection which the law requires in the
more than three (3) months; or rendition of any public service. (in violation
of canon in competence and diligence. He
must be efficient in his work and functions.
He must do his functions in accord with the Death of respondent judge will not necessarily
provisions of the new code.) render the administrative case moot and
academic. (for the education of the bench and
the bar and to deter those who are similarly
Three (3) Ways of Instituting Administrative minded. More so, if it is to clean the name of the
Charges against Judges deceased judge.)
(1) Motu proprio by the Supreme Court; or (on
its own, without complainants, can initiate Administrative Cases against Justices,
the complaint if it has knowledge of judges Judges May be Automatically Treated as
misconduct) Disbarment Cases
(2) Upon verified complaint with affidavits of Under A.M. No. 02-9-02 SC (September 17,
persons having personal knowledge of the 2001), serious administrative cases against
facts alleged therein or by documents which justices and judges are automatically
may substantiate said allegations; or converted as disciplinary proceedings them
(3) Upon an anonymous complaint supported both as such officials and as members of the
by public records of indubitable integrity. (ex: Philippine Bar.
youre a litigant and you have a complaint Please see case Samson vs. Caballero,
but di ka ganahan ma kontrahan.) A.M. No. RTJ-08-2138, August 5, 2009.
(Sec. 1, Rule 140, ROC)
(Up to the discretion of the court to treat the
(With respect to lawyers, you can file in the IBP administrative case as that of disbarment case)
chapter, IBP national office or with the SC.)
Administrative Complain, When not an
Administrative Procedure on Complaints Appropriate Remedy
against Justices and Judges (Rule 140, ROC) The filing of an administrative complaint
Institution of Complaint (Sec. 1) against a judge is not an appropriate remedy
Action on the Complaint (Sec. 2) (if filed in where judicial recourse is still available. In
the SC, the SC can act on its own or it could the absence of fraud, malice or dishonesty in
designate an investigator, maybe a justice of rendering the assailed decision or order, the
the court or judge of the lower court) remedy of the aggrieved party is to elevate
Designation of Investigator (Sec. 3) the assailed decision or order to the higher
Hearing (Sec. 4) court for review and correction. (or even
Report (Sec. 5) (made by the investigator or gross ignorance of the law. Follow the
any and that report must be transmitted to proceedings in the Rules of Court)
the SC for it approval regarding the An inquiry into a judges civil, criminal and/or
recommendation of the investigator) administrative liability may be made only
Action by the SC (Sec. 6) after the available remedies have been
exhausted and decided with finality.
Note: Confidentiality of Proceedings (Sec. 12)
until final thereof to protect the reputation of Justices and judges are also protected from
judges/justices, for it is possible the charge or baseless and unfounded administrative
charges may be unfounded and malicious. (Just complaints
like disbarment proceedings against lawyers) The Supreme Court promulgated A.M. No.
03-10-01-SC Resolution Prescribing
Retirement, Resignation, or Promotion of a Measures to Protect Members of the
Judge does not necessarily render moot and Judiciary from Baseless and Unfounded
academic the case against him. Administrative Complaints.
Complainant may be required to show cause
Desistance on the part of the Complainant does why he should not be held in contempt of
not warrant dismissal of administrative court. If the complainant is a lawyer, he may
complaint. further be required to show cause why he or
she should not be administratively the transaction being voided, the judge can
sanctioned as a member of the Bar and as be liable administratively).
an officer of the court.
Criminal Liabilities under the Revised Penal
Civil Liabilities under the Civil Code Code
(1) Article 27 refusal or neglect without just (1) Art. 204 Knowingly rendering unjust
cause by a public servant to perform his judgment.
official duty. The elements of the crime are: (a) that
Art. 27. Any person suffering material or moral the offender is a judge; (b) that he renders a
loss because a public servant or employee judgment in a case submitted to him for
refuses or neglects, without just cause to decision; (c) that the judgement is unjust; (d)
perform his official duty may file an action for that the judge knows that his judgment is unjust.
damages and other relief against the latter,
without prejudice to any disciplinary (2) Art. 205 Judgment rendered through
administrative action that may be taken. negligence.
The elements of the crime are: (a) that
(2) Article 32 directly or indirectly the offender is a judge; (b) that he renders a
obstructing, defeating, violating or in any judgment in a case submitted to him for
manner impending or impairing civil decision; (c) that the judgement is manifestly
liberties guaranteed by the Constitution. unjust; (d) that it is due to his inexcusable
Art. 32. Any public officer or employee, or any negligence or ignorance.
private individual, who directly or indirectly
obstructs, defeats, violates or in any manner
impedes or impairs any of the following rights (3) Art. 206 Knowingly rendering an unjust
and liberties of another person shall be liable to interlocutory order.
the latter for damages xxx The elements of the crime are: (a) that
the offender is a judge; (b) the he performs any
The responsibility herein set forth is not of the following acts: (i) knowingly renders unjust
demandable from a judge unless his act or interlocutory order or decree, or (ii) renders a
omission constitutes a violation of the Penal manifestly unjust interlocutory order or decree
Code or other penal statute. through inexcusable negligence or ignorance.

Disabilities of Judges under the Civil Code (4) Art. 207 Malicious delay in the
(1) Article 1491 (5) Justices, judges, administration of justice.
prosecuting attorneys, clerks of court of The elements of the crime are: (a) that
superior and inferior courts and other the offender is a judge; (b) that there is a
officers and employees connected with the proceeding in his court; (c) that he delays the
administration of justice cannot acquire by administration of justice; (d) that the delay is
purchase, even at a public or judicial action, malicious, that is, the delay is caused by the
either in person or through the mediation of judge with deliberate intent to inflict damage on
another the property and rights in litigation either party in the case.
or levied upon an execution before the court
within whose jurisdiction or territory they Misfeasance under the Anti-Graft and
exercise the irrespective functions. (they can Corrupt Practices Act
acquire after the litigation but not during the Section 3 (e), R.A. 3019 A judge is criminally
pendency of the case) liable for causing an undue injury to a person or
giving any private party an unwarranted benefit,
(2) Article 739 donations made to a judge, advantage or preference in the discharge of his
his wife, descendants and ascendants by official function through manifest partiality,
reason of his office are void. (void by reason evident bad faith and gross inexcusable
of public policy. Akin to bribery. Aside from negligence.
(if you remember, with respect to lawyers, the
decision of the court is for the disbarment en
banc. With respect to judges, it depends on the
penalty whether the SC will sit en banc or by
division)

Resolution of Administrative Cases against


Judges & Justices
(1) If the penalty impose upon a judge is more
than 1 year suspension or a fine of more
than Php10,000.00 or both, the
administrative case shall be decided by the
Supreme Court en banc.
(2) If the penalty does not exceed the period
and fine above-mentioned, the case will be
decided by the Division where it is assigned.
(3) If the decision is one of dismissal of the
judge, that decision shall be en banc.

Note: Vote Required in the Supreme Court for


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

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


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

Power and Liabilities of Members of the


Supreme Court
(a) The Supreme Court has administrative
supervision over all courts and personnel
thereof (Sec. 6, Art VIII, Constitution)
(b) Justices of the Supreme Court can only be
removed by impeachment (Sec. 2, Art. XI,
Constitution) Impeachment proceedings
against justices of the Supreme Court is sui
generis in nature and governed by the rules
created by the impeachment court. The
Congress shall promulgate its rules on
impeachment (par. 8, Sec. 3, Art. XI,
Constitution).