LEGAL ETHICS
FINALS
Stephanie Rose B. Senires
CODE OF PROFESSIONAL RESPONSIBILITY
CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL
WITHIN THE BOUNDS OF THE LAW.
People vs. Maglasang - A lawyers duty is not to his client but to
the administration of justice; to that end, this clients success is
wholly subordinate.
Rule 19.01 - A lawyer shall employ only fair and honest means to
attain the lawful objectives of his client and shall not present,
participate in presenting or threaten to present unfounded criminal
charges to obtain an improper advantage in any case or proceeding.
Not all countersuits are bad. If you have all the right to file a
counter suit, then do so. However, what is unethical is the
invention or manufacturing of counter suits so that you will gain
an unfair leverage on the other party.
Defense of a person an accused of a crime - it is the duty of the
attorney, in the defense of a person accused of a crime, by all
fair and honorable means regardless of his personal opinion as
to the guilt of the accused.
Rule 19.02 - A lawyer who has received information that his client
has, in the course of the representation, perpetrated a fraud upon a
person or tribunal, shall promptly call upon the client to rectify the
same, and failing which he shall terminate the relationship with such
client in accordance with the Rules of Court.
If the lawyer discovers that the client submitted a falsified deed
of sale as an exhibit in the case. What should the lawyer do?
The lawyer should insist that his client rectify the fault and if his
client insists in such conduct, it could be a ground for the
termination of the lawyer-client relationship. You should only
use fair and honorable means in relation to the procedures
used in court.
Does this refer to a future crime? No. The client has already
done it and the lawyer has already found out.
For the lawyers sake, he has the option to terminate the
lawyer-client relationship.
Rule 19.03 - A lawyer shall not allow his client to dictate the
procedure in handling the case.
Wicker vs. Arcangel
The lawyer should follow his own decision and not that of his
client. Thus, a lawyer may agree to postpone the trial of the
case despite the clients contrary wishes, if the opposite counsel
is sick or under bereavement or under justifiable causes.
However, counsel is hidebound to comply with his clients lawful
requests.
Matters refers to the procedure. All else should be decided by
the client.
Should the lawyers compromise? Who decides? The client
although the lawyer can recommend.
If the client agrees to a compromise. Who decides up to what
amount? The client although the lawyer can give advise.
CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND
REASONABLE FEES.
Attorneys fees - remuneration given to a lawyer as reasonable
compensation for his professional services.
Rationale - although the legal profession is not a business undertaking,
the lawyer like all other human beings has a right to a livelihood.
Concepts:
Ordinary - reasonable compensation paid to a lawyer by his
client for the legal services he has rendered to the latter; basis
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is the employment or engagement of the lawyer and the client
Extraordinary - indemnity for damages ordered by the court to
be paid by the losing party in a litigation; GR - payable to the
client; Exception: agreement between the lawyer and client that
the attorneys fees shall pertain to the lawyer as additional
compensation or as part thereof.
Art. 2208 of the NCC. In the absence of stipulation, attorneys
fees and expenses of litigation, other than judicial costs, cannot
be recovered except:
1. When exemplary damages are awarded;
2. When the defendant' s act or omission has compelled the
plaintiff to litigate with third persons or to incur expenses to
protect his interest;
3. In criminal cases of malicious prosecution against the plaintiff;
4. In case of a clearly unfounded civil action or proceeding against
the plaintiff;
5. Where the defendant acted in gross and evident bad faith in
refusing to satisfy the plaintiff' s plainly valid, just and
demandable claim;
6. In actions for legal support;
7. In actions for the recovery of wages of household helpers,
laborers and skilled workers;
8. In actions for indemnity under workmen' s compensation and
employer' s liability laws;
9. In a separate civil action to recover civil liability arising from a
crime;
10. When at least double judicial costs are awarded;
11. In any other case where the court deems it just and equitable
that attorney' s fees and expenses of litigation should be
recovered.
Presumption as to entitlement of attorneys fees
GR: If a lawyer renders valuable services to one who receives
the benefit thereof, a promise to pay a reasonable value is
presumed. (facio ut des)
Exception: Such services are intended to be gratuitous.
How agreement re: attorneys fees is made
1. Oral
2. Written - to avoid controversy over attorneys fees it is advisable
to agree in advance as to the matter of how the lawyer is to be
compensated; However if you are fired by your client under
unjustifiable cause, you can recover from the client full
compensation based on the written contract.
3. Implied - non verbal, not written but the lawyer undertakes
valuable services and the client is benefited
Is it necessary for the written contract to be notarized? It may be notarized
but it is not required.
Bases for Attorneys Fees if Contract is Implied
Concept of Unjust Enrichment - no one shall unjustly enrich
himself at the expense of another
Facio ut des
Interpretation of Contracts for Attorneys Fees
In case of ambiguity of contracts between the lawyer and client,
it should be construed in favor of the client.
Attorneys fees are subject to judicial review.
KINDS OF RETAINER FEE AGREEMENTS
1. General Retainer - fee paid to a lawyer to secure his future
services as general counsel for any ordinary legal problem that
may arise in the routinary business of the client and referred to
him for legal action. The future services of the lawyer are
secured and committed to the retaining client. For this, the
client pays the lawyer a fixed retainer fee which could be
monthly or otherwise, depending upon their arrangement. The
fees are paid WON there are cases referred to the lawyer. The
 LEGAL ETHICS
FINALS
Stephanie Rose B. Senires
reason for the remuneration is that the lawyer is deprived of the
opportunity of rendering services for a fee to the opposing party
or other parties. In fine, it is a compensation for lost
opportunities.
2. Special Retainer - fee for a specific case handled or special
service rendered by the lawyer for a client. A client may have
several cases demanding special or individual attention. If for
every case there is a separate and independent contact for
attorneys fees, each fee is considered a special retainer.
KINDS OF ATTORNEYS FEES ARRANGEMENTS:
1. Fixed or absolute fee - paid regardless of the outcome of the
case
2. Contingent fee
3. Fixed fee payable per appearance
4. Fixed fee hourly rate/time billing
5. Fixed fee based on piece work
In deciding the arrangement of attorneys fees, are you bound to just
choose one or can you mix and match? Both. You could choose just one
and you could also mix and match.
Contingent Fee Contract
A contract whereby a lawyer gets paid for his services only if he
wins the case for the client.
AKA No cure, no pay basis.
Agreement laid down in an express contract between a lawyer
and a client in which the lawyers professional fee, usually a
fixed percentage of what may be recovered in the action, is
made to depend upon the success the litigation.
Rationale of Contingent Fee Contract
Such contract is often the only way by the poor and the helpless
can have their rights vindicated and upheld.
Amount of the Contingent Fee
A contract for a contingent fee where sanctioned by law, should
be reasonable under all circumstances including the risk and
uncertainty of the compensation, and should always be subject
to the supervision of the court, as to its reasonableness.
An attorney engaged ion a contingent basis may not, in order to
collect his fees, prosecute an appeal despite his clients refusal
to appeal. (Leviste vs. CA)
Contingent fee contract does not make the lawyer a CR of the
client. It neither gives nor purports to give, to the lawyer any
right whatsoever, personal or real, in and to the clients potential
winnings in the suit. If the contingency does not occur, then the
lawyer is not entitled to the fees.
Champertous Contract
One whereby the lawyer agrees to prosecute suits at his own
expense for the recovery of things or property belonging to or
claimed by the client, the latter agreeing to pay the former a
portion of the thing or property recovered as compensation.
Champertous Contract Contingent Contract
Lawyer undertakes to bear all NA
expenses incident to the
litigation
Payable in cash or in kind. Payable in cash or in kind.
Void; against public policy and Valid.
ethics of the profession.
Rule 20.01 - A lawyer shall be guided by the following factors in
determining his fees:
(a) the time spent and the extent of the service rendered or required;
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(b) the novelty and difficulty of the questions involved;
(c) The importance of the subject matter;
(d) The skill demanded;
(e) The probability of losing other employment as a result of
acceptance of the proffered case;
(f) The customary charges for similar services and the schedule of
fees of the IBP chapter to which he belongs;
(g) The amount involved in the controversy and the benefits resulting
to the client from the service;
(h) The contingency or certainty of compensation;
(i) The character of the employment, whether occasional or
established; and
(j) The professional standing of the lawyer.
Theres no common contract for attorneys fees. It can vary from one case
to another.
Other factors may be considered as:
1. Clients ability to pay
2. Reasonable requests of fellow layers and of their widow and
orphans without ample means
3. Responsibility imposed
4. Results secured
In every case, lawyers should avoid charges that overestimate their legal
services.
Why should there be a criteria for reasonableness of fees? Excessive
fees would discourage prospective clients from seeking legal
representation. Inadequate legal fees might serve as a disincentive for the
lawyer to exert his utmost in representing the client; it might also
discourage dedicated and talented person from pursuing a career ion law.
Quantum Meruit
Determination of attorneys fees which as much as the lawyer deserves.
As much as he deserves.
When attorneys fees based on QM are awarded:
1. When the fees stipulated appear excessive unconscionable,
unreasonable.
2. When there is no express contract
3. Where the contract of employment is void because of some
irregularity in it execution or as to purely formal matters
4. There is agreement to pay fee but the amount has not been
agreed upon
5. Lawyer withdraws with justifiable cause
Attorneys fees where client withdraws: Sec. 26, Rule 138 The lawyer
shall recover the full amount stipulated in the contract of the ff. conditions
concur:
1. Contract has been reduced to writing
2. Dismissal of the attorney is without justifiable cause
Attorneys fees where counsel withdraws:
Cause is justified - quantum meruit
Cause is not justified - attorneys fees may be reduced or even
forfeited
Law may limit the collection of attorneys fees:
1. The state as parens patriae may protect the interest of the
underprivileged.
2. Social legislation
 LEGAL ETHICS
FINALS
Stephanie Rose B. Senires
Ex. Of law limitations on attorneys fees:
RA 145 (US Veterans Claim) - a lawyer is limited to attorneys
fees of not more than P20.00
Art 111, Labor Code - It shall be unlawful for any person to
demand or accept, in any judicial or administrative proceedings
for the recovery of wages, attorneys fees which exceed ten
percent of the amount of wages recovered.
Rule 20.02 - A lawyer shall, in case of referral, with the consent of the
client, be entitled to a division of fees in proportion to the work
performed and responsibility assumed.
Requisites for fee-splitting:
1. Referral cases
2. With clients consent
3. Proportionate to the work performed and the responsibility
assumed
Rule 20.03 - A lawyer shall not, without the full knowledge and
consent of the client, accept any fee, reward, costs, commission,
interest, rebate or forwarding allowance or other compensation
whatsoever related to his professional employment from anyone
other than the client.
Rule 20.04 - A lawyer shall avoid controversies with clients
concerning his compensation and shall resort to judicial action only
to prevent imposition, injustice or fraud.
CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE AND
SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY-CLIENT
RELATION IS TERMINATED.
Rule 21.01 - A lawyer shall not reveal the confidences or secrets of
his client except;
(a) When authorized by the client after acquainting him of the
consequences of the disclosure;
(b) When required by law;
(c) When necessary to collect his fees or to defend himself, his
employees or associates or by judicial action.
Rule 21.02 - A lawyer shall not, to the disadvantage of his client, use
information acquired in the course of employment, nor shall he use
the same to his own advantage or that of a third person, unless the
client with full knowledge of the circumstances consents thereto.
Rule 21.03 - A lawyer shall not, without the written consent of his
client, give information from his files to an outside agency seeking
such information for auditing, statistical, bookkeeping, accounting,
data processing, or any similar purpose.
People vs. Sy Juco - Court cannot order the opening of a lawyers cabinet
seized by virtue of a search warrant, which cabinet contains confidential
files of his clients.
Rule 21.04 - A lawyer may disclose the affairs of a client of the firm to
partners or associates thereof unless prohibited by the client.
Rule 21.05 - A lawyer shall adopt such measures as may be required
to prevent those whose services are utilized by him, from disclosing
or using confidences or secrets of the clients.
Rule 21.06 - A lawyer shall avoid indiscreet conversation about a
client's affairs even with members of his family.
Rule 21.07 - A lawyer shall not reveal that he has been consulted
about a particular case except to avoid possible conflict of interest.
CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES ONLY
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FOR GOOD CAUSE AND UPON NOTICE APPROPRIATE IN THE
CIRCUMSTANCES.
A lawyer can quit on a case as long as he have a good cause.
Appearance - the act of submitting or presenting oneself to the court,
either as plaintiff or defendant, personally or through counsel, and seeking
general or special reliefs from the court.
Formal Appearance of Counsel, How Effected - notice of appearance
must be (1) served upon the adverse party (2) filed in court
Formal Appearance of collaborating counsel - notice of appearance must
(1) bear written conformity of the client and first counsel (2) served upon
the adverse party (3) filed in court
Withdrawal by Lawyer:
1. With consent of the client
2. Without consent of the client
Section 26, Rule 138, ROC:
Sec. 26. Change of attorneys. - An attorney may retire at any time from
any action or special proceeding, by the written consent of his client filed
in court. He may also retire at any time from an action or special
proceeding, without the consent of his client, should the court, on notice to
the client and attorney, and on hearing, determine that he ought to be
allowed to retire. In case of substitution, the name of the attorney newly
employed shall be entered on the docket of the court in place of the
former one, and written notice of the change shall be given to the adverse
party.
A client may at any time dismiss his attorney or substitute another in his
place, but if the contract between client and attorney has been reduced to
writing and the dismissal of the attorney was without justifiable cause, he
shall be entitled to recover from the client the full compensation stipulated
in the contract. However, the attorney may, in the discretion of the court,
intervene in the case to protect his rights. For the payment of his
compensation the attorney shall have a lien upon all judgments for the
payment of money, and executions issued in pursuance of such judgment,
rendered in the case wherein his services had been retained by the client.
xxx
Withdrawal by lawyer with the consent of the client, how effected (Sec. 26,
Rule 138 ROC) An attorney may retire at any time from any action from
any action or special proceeding, by the written consent of his client;
motion for withdrawal is filed in court; served upon the adverse party.
Withdrawal by lawyer without the consent of the client, how effected (Sec.
26, Rule 138 ROC) An attorney may retire at any time from any action
from any action or special proceeding, Without the consent of client; if
upon hearing after due notice to both lawyer and client; the court
determines the he ought to be allowed to retire.
When may client discharge his lawyer? Anytime. (Sec. 26, Rule 138,
ROC) Right of client to terminate relation with counsel is absolute. If the
client has no justifiable reason and they have a contract, lawyer can still
demand for attorneys fees.
Rule 22.01 - A lawyer may withdraw his services in any of the
following case:
(a) When the client pursues an illegal or immoral course of
conduct in connection with the matter he is handling;
(b) When the client insists that the lawyer pursue conduct
violative of these canons and rules;
(c) When his inability to work with co-counsel will not promote
the best interest of the client;
(d) When the mental or physical condition of the lawyer renders
 LEGAL ETHICS
FINALS
Stephanie Rose B. Senires
it difficult for him to carry out the employment effectively;
(e) When the client deliberately fails to pay the fees for the
services or fails to comply with the retainer agreement;
(f) When the lawyer is elected or appointed to public office; and
(g) Other similar cases.
Other Similar Cases, Some Examples:
1. Where client conducts himself in a manner which tends to
degrade his lawyer
2. When it is apparent that the lawyer may be required to act as a
witness on substantial matter
3. When the client insists on perjuring testimony
4. Where client refuses to extend cooperation
Rule 22.02 - A lawyer who withdraws or is discharged shall, subject
to a retainer lien, immediately turn over all papers and property to
which the client is entitled, and shall cooperative with his successor
in the orderly transfer of the matter, including all information
necessary for the proper handling of the matter.
Requirements for Substitution of Counsel:
1. Filing of written application for substitution
2. Written consent of the client
3. Written consent of the lawyer to be substituted, if such consent
can be obtained OR
4. Application for substitution just be accompanied with proof of
service of notice of such motion on the attorney to be
substituted if such consent cannot be obtained
Court Action in Case of Substitution of Counsel
1. The name of the lawyer newly employed shall be entered on
the docket
2. Written of notice of change shall be given to the adverse party
Effect of Discharge of Lawyer by Client, if Written Contractual Relation
Exists
1. Unjustified cause - lawyer entitled to recover full amount
stipulated in the written contract
2. Justified cause - Lawyer entitled to recover on a quantum
meruit basis (as much as he deserve)
Hiring of Additional Counsel:
A clients proffer of additional assistance should not be regarded as
evidence of want of confidence, but the matter should be left to the
discretion of the client.
However, counsel may withdraw when his inability to work with co-counsel
will not promote the best interest of the client.
Lawyer Cease to be Attorneys for their clients in case of the death of the
latter:
In the absence of a retainer from the heirs or authorized
representatives of his deceased client, the attorney would have
no further power or authority to appear or to take any further
action in the case, save to inform the court of his clients death
and take necessary steps to safeguard the decedents rights in
the case.
Upon the death (incapacity or incompetency) of the client, it is
the duty of the lawyer to inform the court immediately of such
event, and to give the name and reisdence of his executor,
administrator, or legal counsel.
ADMINISTRATIVE LIABILITIES OF LAYWERS
Lawyer violates his obligations under perils of:
1. Disciplinary action/administrative action
2. Criminal action
3. Civil action/damage suit
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4. Contempt of court
Conditions for continued membership in good standing in the Bar:
1. Rigid standards of mental fitness
2. Maintenance of the highest degree of morality
3. Faithful compliance with the rules of the legal profession
Different kinds of disciplinary actions:
1. Warning - a statement put forth to a lawyer, that any similar or
other infraction of ethical or other required conduct would be
visited
2. Admonition - gentle or friendly reproof, mild rebuke, reminder,
counseling, on a fault, error, or oversight
3. Reprimand - public and formal censure or severe reproof,
administered to a person in fault by his superior officer
4. Fine - pecuniary punishment which courts impose against a
miscreant lawyer; may also be imposed in accord with criminal
violations of the law
5. Suspension - act of prohibiting a lawyer from practicing law for
a certain period; qualified disbarment - because the attorney is
deprived temporarily of the right to practice his profession;
6. Disbarment - it deprives a person of the right to practice as an
attorney-at-law.
7. Contempt
8. Imprisonment
A disbarred lawyer can take part in pro se practice.
Nature of Disciplinary Action:
1. Sui generis - a class by itself
2. Neither purely civil nor criminal
3. It is an investigation by the court into the conduct of one of its
officers
Purpose of DA:
1. Preserve the purity of the legal profession
2. Preserve the proper and honest administration of justice
Is acquittal in a criminal case a bar to DA? No. The standards of legal
profession are not satisfied by conduct which merely enables one to
escape the penalties of criminal law.
Criminal case - needs proof beyond reasonable doubt
Administrative case - only needs substantial evidence
Disciplinary action not dismisses upon withdrawal by private complainant:
The power to discipline lawyers who are officers of the court
may not be cut short by compromise and withdrawal of charges.
Disciplinary proceedings involve no private interest and afford
no redress for private grievance. They are undertaken and
prosecuted solely for public welfare.
However, if upon desistance, there is nothing more to
substantiate the charge, then the case may be dismissed.
May the pendency of criminal action suspend disbarment proceedings?
No. There are different quantums of proof. It is not sound judicial policy to
await the outcome and final resolution of a criminal case before the court
may act on a complaint for disbarment.
Power to discipline - vested in all courts; judicial function; all courts can
reprimand, warning, admonition, fine, contempt
Only the SC, CA, and RTC: suspension; power of CA and RTC to
suspend is subject to the review by the SC; until the SC has affirmed the
suspension, it shall not take effect.
Only the SC can disbar a lawyer.
SC trying Disciplinary Cases - court sits en banc disbarment,
suspension for more than 1 year, or a fine for more than P10000.
Otherwise, they do it by division.
 LEGAL ETHICS
FINALS
Stephanie Rose B. Senires
Direct contempt - Misbehavior in the presence of or so near a court as to
obstruct or interrupt the proceedings before the same, including
disrespect toward the court, offensive personalities toward others, or
refusal to be sworn or to answer as a witness, or to subscribe an affidavit
or deposition when lawfully required to do so.
Indirect contempt.
Misbehavior of an officer of a court in the performance of his
official duties or in his official transactions.
Disobedience of or resistance to a lawful writ, process, order, or
judgment of a court, including the act of a person who, after
being dispossessed or ejected from any real property by the
judgment or process of any court of competent jurisdiction,
enters or attempts or induces another to enter into or upon such
real property, for the purpose of executing acts of ownership or
possession, or in any manner disturbs the possession given to
the person adjudged to be entitled thereto
Any abuse of or any unlawful interference with the processes or
proceedings of a court not constituting direct contempt under
section 1 of this rule
Any improper conduct tending, directly or indirectly, to impede,
obstruct, or degrade the administration of justice
Disciplinary Powers Contempt Powers
Broader scope of behavior Particular
Over lawyers only Over any person
*both may proceed simultaneously
Grounds for Suspension or Disbarment. (In General)
1. Acts committed prior to admission to practice
2. Acts committed after admission to practice - (1) professional
misconduct and (2) non-professional misconduct
Acts committed prior: Acts in violation of the required qualifications for
admission to the Philippine Bar.
After admission to Practice
1. Deceit - fraudulent and deceptive misrepresentation, artifice, or
device, used by one or more person to deceive and trick
another, who is ignorant of the true facts, to the prejudice and
damage of the party imposed upon
2. Malpractice or other gross misconduct in office - legal
malpractice consists of failure of an attorney to use such skill,
prudence, and diligence as lawyers of ordinary skill and
capacity commonly possess and exercise in performance of
tasks which they undertake, and when such failure proximately
causes damage it gives rise to an action in tort; grossly immoral
conduct - willful, flagrant, or shameless and which shows a
moral indifference to the opinion of the good and respectable
members of the community
3. Conviction of a crime involving moral turpitude - aside from civil
interdiction being a possible accessory penalty, the conviction
shows the absence of good moral character
4. Violation of the lawyers oath
5. Willful disobedience of any lawful order of a superior court
6. Corrupt or willful appearance as an attorney
Civil Liability for Damages - those who in the performance of their
obligations are guilty of fraud, negligence, delay are liable for damages
Consenting Adults Rule - what is grossly immoral conduct is largely
circumstantial; SC will evaluate the offense on a case to case basis
Disbarment or Suspension of a Filipino Lawyer in a Foreign Country.
The judgment, resolution or order of the foreign court or disciplinary
agency shall be prima facie evidence of the ground for disbarment of
suspension.
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Disbarment and Disciplinary Proceedings
1. Judicial in nature
2. Presumption exists in favor of lawyer-respondent
3. Quantum of proof: substantial evidence
4. Res ipsa loquitor
5. Burden of proof is on complainant
6. Confidential
In pari delicto. Can this exempt a lawyer? This is not a proceeding to
grant a relief to the complainant, but one to purge the law profession of
unworthy members, to protect the public and the courts.
Mitigating Circumstances in Disbarment
1. Good faith in the acquisition of the property
2. Inexperience of the lawyer
3. Age
4. Apology
5. Lack of intention to denigrate the court
6. Other analogous circumstances
Reinstatement.
Presupposes a disbarred lawyer.
Restoration to a disbarred lawyer, the privilege to practice law.
Readmission to membership in the Bar. Wipes out the
restrictions and disabilities resulting from a previous
disbarment.
Effect of Executive Pardon on a Disbarred Lawyer.
There is still a need for the filing of an appropriate petition for
reinstatement with the SC. No automatic reinstatement.
Effect of Executive Pardon on a pending disbarment case.
If absolute: case dismissed
If conditional: case not dismissed
SPECIAL DISABILITIES OF LAWYERS (Art. 1491, Civil Code)
The following persons cannot acquire by purchase, even at a public or
judicial auction, either in person or through the mediation of another:
XXX
(5) Justices, judges, prosecuting attorneys, clerks of superior and
inferior courts, and other officers and employees connected with the
administration of justice, the property and rights in litigation or levied
upon on execution before the court within whose jurisdiction or territory
they exercise their respective functions; this prohibition includes the act
of acquiring any assignment and shall apply to lawyers, with respect to
the property and rights which may be the object of any litigation in
which they may take part by virtue of their profession.
Purpose of Art. 1491 - to curtail any undue influence of the lawyer upon
his client on account of his fiduciary and confidential association
CIVIL/CRIMINAL LIABILITY FOR DAMAGES
An attorney is not bound to exercise extraordinary diligence, but only a
reasonable degree of care and skill, having reference to the character of
the business he undertakes. (Adarne vs. Aldaba)
Art. 1170, NCC. Those who in the performance of their obligations and are
guilty of fraud, negligence, or delay are liable for damages.
When negligence shows bad faith, the provisions of Art. 1171 & 2201 of
the Civil Code shall apply.
Art. 1173, NCC. If the law or contract does not state the diligence which is
to be observed in the performance, that which is expected of a good
father of a family shall be required.
A client who is prejudiced by the negligence or misconduct of his lawyer
can recover damages against him. (Isaac vs. Mendoza)
 LEGAL ETHICS
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Stephanie Rose B. Senires
Requisites to Render an Attorney Liable for Damages:
1. Establish an attorney-client relationship
2. That there is a want of reasonable care and diligence
3. That injury was suffered by the client which was the proximate
result thereof
GR: Negligence of counsel binds the client.
Exception: When through the recklessness and gross negligence of the
counsel, the client is deprived of due process of law, or when its
application results in the outright deprivation of ones property.
Clients must also exercise diligence. They should maintain contact with
their counsel from time to time, and inform themselves of the progress of
their case.
A party cannot blame his counsel for negligence when he himself was
guilty of neglect.
PROCEDURE FOR DISCIPLINARY PROCEEDINGS AGAINST
LAWYERS: (Sec. 1, Rule 139B, ROC)
Rule 139-B
Section 1. How instituted. - Proceedings for disbarment, suspension or
discipline of attorneys may be taken by the Supreme Court motu proprio,
or by the Integrated Bar of the Philippines (IBP) upon the verified
complaint of any person. The complaint shall state clearly and concisely
the facts complained of and shall be supported by affidavits of persons
having personal knowledge of the facts therein alleged and/or by such
documents as may substantiate said facts.
The IBP Board of Governors may, motu proprio or upon referral by the
Supreme Court or by a Chapter Board of Officers, or at the instance of
any person, initiate and prosecute proper charges against erring
attorneys including those in the government service; Provided, however,
that all charges against Justices of the Court of Tax Appeals and the
Sandiganbayan, and Judges of the Court of Tax Appeals and lower
courts, even if lawyers are jointly charged with them, shall be filed with
the Supreme Court; Provided, further, that charges filed against Justices
and Judges before the IBP, including those filed prior to their appointment
in the Judiciary, shall immediately be forwarded to the Supreme Court for
disposition and adjudication.
Six (6) copies of the verified complaint shall be filed with the Secretary of
the IBP or the Secretary of any of its chapters who shall forthwith transmit
the same to the IBP Board of Governors for assignment to an
investigator. (As amended by Bar Matter No. 1960).
Filing of complaint
What: Verified complaint
Who: By any person, or by the SC motu propio, or by the IBP Board of
Governors motu propio, or upon referral by the SC or by a Chapter Board
of Officers, or at the instance of any person
Where: SC, IBP, or chapter offices
If filed with the SC
12. SC directly investigates SC decision
13. SC refers to IBP for investigation, report, and recommendation IBP
refers the case to its commission on Bar Discipline Final report and
recommendation of the commission on bar discipline is forwarded to
the board of governors for affirmance or modification forwarded to
SC for ultimate action SC decision (Note: However if the
recommendation is less than suspension, the decision of the board
of governors shall become final and executory if no party appeals to
the SC within 15 days)
14. SC refers to SG or other designated officer for investigation, report,
and recommendation final report and recommendation of the SG or
other designated officer is forwarded to the SC for ultimate action
SC Decision
If filed with the IBP
Local chapter refers complaint to the IBP national office for appropriate
6
action IBP National Office refers the case to the CBP final report and
recommendation of the CBP forwarded to the Board of Governors for
affirmance or modification Forwarded to SC for ultimate action SC
Decision (Note: However if the recommendation is less than suspension,
the decision of the board of governors shall become final and executory if
no party appeals to the SC within 15 days)
Administrative Liabilities of Judges: (Pineda Book & Rule 140 of the
ROC)
How to file an administrative case against judges:
1. File a verified complaint. (Verified substantiated with facts) -
anonymous complaint may be entertained if it is accompanied
with public records.
2. Where to file? File the complaint with the Supreme Court. You
cannot file administrative cases with the IBP. The IBP has no
power of investigation over judges, only lawyers. Neither file
with the Ombudsman. They dont have investigatory power over
judges except when there is prior referral by the SC. You may
go to Congress but only in the case of SC Justices. SC Justices
are impeachable officers and the impeachment process lies
with Congress.
3. SC will study the complaint and determine if it is sufficient in
form and substance. If not, it is dismissed out right. If it is
sufficient, the SC will require the respondent judge to submit his
comment or answer to the complaint within 10 days.
4. Upon filing o the answer or expiration of the time to file the
answer, the SC will endorse the matter to the Office of the Court
Administrator (OCA).
5. The OCA will make a report of findings of facts and make a
recommendation to the SC.
6. If the SC doesnt want to endorse the complaint to the OCA, the
SC will forward it to a investigatory officer instead. The
investigatory officer will depend on who the respondent judge is
(WON RTC or MTC judge, etc.).
7. They will then schedule the case for hearing to be done ex-
parte. The hearing must end within 90 days from the time it
started.
8. After the hearing, they come up with their finds of facts and
recommendation.
Can the OCA or investigatory officer dismiss the case on the ground of
lack of substance and form? NO. At best, the powers of the
OCA/investigating judge are recommendatory on the SC only. The
ultimate action always rests with the SC.
If there is insufficiency of evidence, then the administrative case may be
dismissed.
Evidence required in administrative cases against judges - substantial
evidence
Are the proceedings confidential? Yes, in order to protect the reputation of
the respondent judge. Only the promulgation or decision is made public.
What crimes can be committed by judges?
1. Judgment rendered through negligence
2. Unjust interlocutory order
3. Malicious delay in administration of justice
4. Violation of the Anti-graft and practices law
5. Bribery
6. Knowingly rendering unjust judgments
Disabilities of Judges
Judges are prohibited from acquiring property or rights pending litigation
before them.
What happens to the transaction? Transactions are considered void since
they are prohibited by law.
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Donations given to judges, their spouse, ascendants/descendants, by 5. Apology/acknowledgment of fault

reason of their office are prohibited. VOID
Doctrine of Judicial Immunity - Judges are human beings and of course
there is a margin of errors. Mere error is not a ground for administrative
liability for a judge. A remedy for error is to file an appeal.
Can judges be administratively liable for erroneous judgments or
decisions? NO.
What erases judicial immunity? Erroneous decision + gross ignorance of
the law + corruption + bad faith, malice, ill motives.
A grossly erroneous judgment even if rendered in good faith is a mark of
incompetence. An administrative case may be filed against the judge.
6. The fact that it is the judges first offense
7. Long and exemplary service of the judge
Can judges be removed via disbarment proceedings? YES. The
disbarment proceedings of the judge will be handled by the Supreme
Court.
Once disbarred, what is the effect? The judge is no longer a judge AND a
lawyer.
What if the administrative complaint was against the judge and was not a
disbarment complaint. The judge was removed and dismissed from
service. If he is removed as a judge, is he disbarred automatically? NO.
There must be a separate complaint for his disbarment.

Mitigating Circumstances Automatic conversion rule - The SC has issued an administrative

1. The fact that the complained acts were done prior to the judges matter saying that if there is an administrative charge against a judge and
appointment to the judiciary. the complained acts can also be used as a ground for disbarment or
2. Failing health. suspension as a lawyer, then in that single proceeding, the SC can decide
3. Old age whether to dismiss him as a judge or disbar him as a lawyer. One single
4. Lack of stenographer proceeding & two possible results.

OLD & NEW CODE OF JUDICIAL ETHICS

Compiled By: Stephanie Rose B. Senires

NEW CODE OLD CODE

CANON 1
INDEPENDENCE: A JUDGE SHOULD UPHOLD THE INTEGRITY AND
Judicial independence is a pre-requisite to the Rule of Law and a INDEPENDENCE OF THE JUDICIARY.
fundamental guarantee of a fair trial. A judge shall, therefore, uphold
and exemplify judicial independence in both its individual and
institutional aspects.
SECTION 1. Judges shall exercise the judicial function independently RULE 1.01 - A judge should be the embodiment of competence,
on the basis of their assessment of the facts and in accordance with a integrity and independence.
conscientious understanding of the law, free of any extraneous
influence, inducement, pressure, threat or interference, direct or
indirect, from any quarter or for any reason.
SECTION 2. In performing judicial duties, judges shall be independent RULE 1.02 - A judge should administer justice impartially and without
from judicial colleagues in respect of decisions which the judge is delay.
obliged to make independently.
SECTION 3. Judges shall refrain from influencing in any manner the RULE 1.03 - A judge should be vigilant against any attempt to subvert
outcome of litigation or dispute pending before another court or the independence of the judiciary and should forthwith resist any
administrative agency. pressure from whatever source intended to influence the performance
of official functions.
SECTION 4. Judges shall not allow family, social or other relationships
to influence judicial conduct or judgment. The prestige of judicial office
shall not be used or lent to advance the private interests of others, nor
convey or permit others to convey the impression that they are in a
special position to influence the judge.
SECTION 5. Judges shall not only be free from inappropriate
connections with, and influence by, the executive and legislative
branches of government, but must also appear to be free therefrom to
a reasonable observer.
SECTION 6. Judges shall be independent in relation to society in
general and in relation to the particular parties to a dispute which he or
she has to adjudicate.
SECTION 7. Judges shall encourage and uphold safeguards for the
discharge of judicial duties in order to maintain and enhance the
institutional and operational independence of the Judiciary.
SECTION 8. Judges shall exhibit and promote high standards of
judicial conduct in order to reinforce public confidence in the Judiciary,
which is fundamental to the maintenance of judicial independence.
CANON 2
INTEGRITY: Integrity is essential not only to the proper discharge of A JUDGE SHOULD AVOID IMPROPRIETY AND THE APPEARANCE
the judicial office, but also to the personal demeanor of judges. OF IMPROPRIETY IN ALL ACTIVITIES
SECTION 1. Judges shall ensure that not only is their conduct above RULE 2.01 - A judge should so behave at all times as to promote
reproach, but that it is perceived to be so in the view of a reasonable public confidence in the integrity and impartiality of the judiciary.
observer.

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SECTION 2. The behavior and conduct of judges must reaffirm the RULE 2.02 - A judge should not seek publicity for personal vainglory.
people's faith in the integrity of the Judiciary. Justice must not merely
be done, but must also be seen to be
done.
SECTION 3. Judges should take or initiate appropriate disciplinary RULE 2.03 - A judge shall not allow family, social, or other
measures against lawyers or court personnel for unprofessional relationships to influence judicial conduct or judgment. The prestige of
conduct of which the judge may have become judicial office shall not be used or lent to advance the private interests
aware. of others, nor convey or permit others to convey the impression that
they are in a special
RULE 2.04 - A judge should refrain from influencing in any manner the
outcome of litigation or dispute pending before another court or
administrative agency.
CANON 3
IMPARTIALITY: Impartiality is essential to the proper discharge of the A JUDGE SHOULD PERFORM OFFICIAL DUTIES HONESTLY, AND
judicial office. It applies not only to the decision itself but also to the WITH IMPARTIALITY AND DILIGENCE
process by which the decision is made.
SECTION 1. Judges shall perform their judicial duties without favor, ADJUDICATIVE RESPONSIBILITIES
bias or prejudice. RULE 3.01 - A judge shall be faithful to the law and maintain
professional competence.
SECTION 2. Judges shall ensure that his or her conduct, both in and RULE 3.02 - In every case, a judge shall endeavor diligently to
out of court, maintains and enhances the confidence of the public, the ascertain the facts and the applicable
legal profession and litigants in the impartiality of the judge and of the law unswayed by partisan interests, public opinion or fear of criticism.
Judiciary.
SECTION 3. Judges shall, so far as is reasonable, so conduct RULE 3.03 - A judge shall maintain order and proper decorum in the
themselves as to minimize the occasions on which it will be necessary court.
for them to be disqualified from hearing or deciding
cases.
SECTION 4. Judges shall not knowingly, while a proceeding is before RULE 3.04 - A judge should be patient, attentive, and courteous to
or could come before them, make any comment that might reasonably lawyers, especially the inexperienced, to litigants, witnesses, and
be expected to affect the outcome of such proceeding or impair the others appearing before the court. A judge should avoid unconsciously
manifest fairness of the process. Nor shall judges make any comment falling into the attitude of mind that the litigants are made for the
in public or otherwise that might affect the fair trial of any person or courts, instead of the courts for the litigants.
issue.
SECTION 5. Judges shall disqualify themselves from participating in RULE 3.05 - A judge shall dispose of the court' s business promptly
any proceedings in which they are unable to decide the matter and decide cases within the
impartially or in which it may appear to a reasonable observer that they required periods.
are unable to decide the matter impartially. Such proceedings include,
but are not limited to instances where:
(a) The judge has actual bias or prejudice concerning a party or
personal knowledge of disputed evidentiary facts concerning the
proceedings;
(b) The judge previously served as a lawyer or was a material witness
in the matter in controversy;
(c) The judge or a member of his or her family, has an economic
interest in the outcome of the matter in controversy;
(d) The judge served as executor, administrator, guardian, trustee or
lawyer in the case or matter in controversy, or a former associate of
the judge served as counsel during their association, or the judge or
lawyer was a material witness therein;
(e) The judge' s ruling in a lower court is the subject of review;
(f) The judge is related by consanguinity or affinity to a party litigant
within the sixth civil degree or to counsel within the fourth civil degree;
or
(g) The judge knows that his or her spouse or child has a financial
interest, as heir, legatee, creditor, fiduciary, or otherwise, in the subject
matter in controversy or in a party to the proceeding, or any other
interest that could be substantially affected by the outcome of the
proceedings.
SECTION 6. A judge disqualified as stated above may, instead of RULE 3.06 - While a judge may, to promote justice, prevent waste of
withdrawing from the proceeding, disclose on the records the basis of time or clear up some obscurity, properly intervene in the presentation
disqualification. If, based on such disclosure, the parties and lawyers, of evidence during the trial, it should always be borne in mind that
independently of the judge' s participation, all agree in writing that the undue interference may prevent the proper presentation of the cause
reason for inhibition is immaterial or unsubstantial, the judge may then or the ascertainment of truth.
participate in the proceeding. The agreement, signed by all parties and
lawyers, shall be incorporated in the record of the proceedings.
RULE 3.07 - A judge should abstain from making public comments on
any pending or impending case and should require similar restraint on
the part of court personnel.
ADMINISTRATIVE RESPONSIBILITIES
RULE 3.08 - A judge should diligently discharge administrative

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Stephanie Rose B. Senires
CANON 4
PROPRIETY: Propriety and the appearance of propriety are essential
to the performance of all the activities of a judge.
SECTION 1. Judges shall avoid impropriety and the appearance of
impropriety in all of their activities.
SECTION 2. As a subject of constant public scrutiny, judges must
accept personal restrictions that might be viewed as burdensome by
the ordinary citizen and should do so freely and willingly. In particular,
judges shall conduct themselves in a way that is consistent with the
dignity of the judicial office.
SECTION 3. Judges shall, in their personal relations with individual
members of the legal profession who practice regularly in their court,
avoid situations which might reasonably give rise to the suspicion or
appearance of favoritism or partiality.
SECTION 4. Judges shall not participate in the determination of a case
in which any member of their family represents a litigant or is
9
responsibilities, maintain professional competence in court
management, and facilitate the performance of the administrative
functions or other judges and court personnel.
RULE 3.09 - A judge should organize and supervise the court
personnel to ensure the prompt and efficient dispatch of business, and
require at all times the observance of high standards of public service
and fidelity.
RULE 3.10 - A judge should take or initiate appropriate disciplinary
measures against lawyers or court personnel for unprofessional
conduct of which the judge may have become aware.
RULE 3.11 - A judge should appoint commissioners, receivers,
trustees, guardians, administrators and others strictly on the basis of
merit and qualifications, avoiding nepotism and favoritism. Unless
otherwise allowed by law, the same criteria should be observed in
recommending appointment of court personnel. Where the payment of
compensation is allowed, it should be reasonable and commensurate
with the fair value of services rendered.
DISQUALIFICATION
RULE 3.12 - A judge should take no part in a proceeding where the
judge' s impartiality might reasonably be questioned. These cases
include among others, proceedings where:
(a) the judge has personal knowledge of disputed evidentiary facts
concerning the proceeding;
(b) the judge served as executor, administrator, guardian, trustee or
lawyer in the case or matter in controversy, or a former associate of
the judge served as counsel during their association, or the judge or
lawyer was a material witness therein;
(c) the judge' s ruling in a lower court is the subject of review;
(d) the judge is related by consanguinity or affinity to a party litigant
within the sixth degree or to counsel within the fourth degree;
(e) the judge knows the judge' s spouse or child has a financial interest,
as heir, legatee, creditor, fiduciary, or otherwise, in the subject matter
in controversy or in a party to the proceeding, or any other interest that
could be substantially affected by the outcome of the proceeding. In
every instance, the judge shall indicate the legal reason for inhibition.
REMITTAL OF DISQUALIFICATION
RULE 3.13 - A judge disqualified by the terms of rule 3.12 may, instead
of withdrawing from the proceeding, disclose on the record the basis of
disqualification. If, bases on such disclosure, the parties and lawyers
independently of judge' s participation, all agree in writing that the
reason for the inhibition is immaterial or insubstantial, the judge may
then participate in the proceeding. The agreement, signed by all
parties and lawyers, shall be incorporated in the record of the
proceeding.
A JUDGE MAY, WITH DUE REGARD TO OFFICIAL DUTIES,
ENGAGE IN ACTIVITIES TO IMPROVE THE LAW, THE LEGAL
SYSTEM AND THE ADMINISTRATION OF JUSTICE
Rule 4.01 A judge may, to the extent that the following activities do
not impair the performance of judicial duties or cast doubt on the
judges impartiality:
(a) speak, write, lecture, teach or participate in activities concerning
the law, the legal system and the administration of justice;
(b) appear at a public hearing before a legislative or executive body on
matters concerning the law, the legal system or the administration of
justice and otherwise consult with them on matters concerning the
administration of justice;
(c) serve on any organization devoted to the improvement of the law,
the legal system or the administration of justice
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Stephanie Rose B. Senires

associated in any manner with the case.

SECTION 5. Judges shall not allow the use of their residence by a
member of the legal profession to receive clients of the latter or of
other members of the legal profession.
SECTION 6. Judges, like any other citizen, are entitled to freedom of
expression, belief, association and assembly, but in exercising such
rights, they shall always conduct themselves in such a manner as to
preserve the dignity of the judicial office and the impartiality and
independence of the Judiciary.
SECTION 7. Judges shall inform themselves about their personal
fiduciary and financial interests and shall make reasonable efforts to
be informed about the financial interests of members of their family.
SECTION 8. Judges shall not use or lend the prestige of the judicial
office to advance their private interests, or those of a member of their
family or of anyone else, nor shall they convey or permit others to
convey the impression that anyone is in a special position improperly
to influence them in the performance of judicial duties.
SECTION 9. Confidential information acquired by judges in their
judicial capacity shall not be used or disclosed for any other purpose
related to their judicial duties.
SECTION 10. Subject to the proper performance of judicial duties,
judges may:
(a) Write, lecture, teach and participate in activities concerning the law,
the legal system, the administration of justice or related matters;
(b) Appear at a public hearing before an official body concerned with
matters relating to the law, the legal system, the administration of
justice or related matters;
(c) Engage in other activities if such activities do not detract from the
dignity of the judicial office or otherwise interfere with the performance
of judicial duties.
SECTION 11. Judges shall not practice law whilst the holder of judicial
office.
SECTION 12. Judges may form or join associations of judges or
participate in other organizations representing the interests of judges.
SECTION 13. Judges and members of their families shall neither ask
for nor accept, any gift, bequest, loan or favor in relation to anything
done or to be done or omitted to be done by him or her in connection
with the performance of judicial duties.
SECTION 14. Judges shall not knowingly permit court staff or others
subject to their influence, direction or authority, to ask for, or accept,
any gift, bequest, loan or favor in relation to anything done, to be done
or omitted to be done in connection with their duties or functions.
SECTION 15. Subject to law and to any legal requirements of public
disclosure, judges may receive a token gift, award or benefit as
appropriate to the occasion on which it is made, provided that such
gift, award or benefit might not be reasonably perceived as intended to
influence the judge in the performance of official duties or otherwise
give rise to an appearance of partiality.
CANON 5
EQUALITY: Ensuring equality of treatment to all before the courts is A JUDGE SHOULD REGULATE EXTRA-JUDICIAL ACTIVITIES TO
essential to the due performance of the judicial office. MINIMIZE THE RISK OF CONFLICT WITH JUDICIAL DUTIES
SECTION 1. Judges shall be aware of and understand diversity in A VOCATIONAL, CIVIC AND CHARITABLE ACTIVITIES
society and differences arising from various sources, including, but not RULE 5.01 - A judge may engage in the following activities provided
limited to, race, color, sex, religion, national origin, caste, disability, that they do not interfere with the performance of judicial duties or
age, marital status, sexual orientation, social and economic status, and detract from the dignity of the court:
other like causes. (a) write, teach and speak on non-legal subjects;
(b) engage in the arts, sports, and other special recreational activities;
(c) participate in civic and charitable activities;
(d) serve as an officer, director, trustee, or non-legal advisor of a non-
profit or non-political educational, religious, charitable, fraternal, or
civic organization.
SECTION 2. Judges shall not, in the performance of judicial duties, by FINANCIAL ACTIVITIES
words or conduct, manifest bias or prejudice towards any person or RULE 5.02 - A judge shall refrain from financial and business dealing
group on irrelevant grounds. that tend to reflect adversely on the court' s impartiality, interfere with
the proper performance of judicial activities or increase involvement
with lawyers or persons likely to come before the court. A judge should
so manage investments and other financial interests as to minimize
the number of cases giving grounds for
disqualifications.

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Stephanie Rose B. Senires

SECTION 3. Judges shall carry out judicial duties with appropriate RULE 5.03 - Subject to the provisions of the proceeding rule, a judge
consideration for all persons, such as the parties, witnesses, lawyers, may hold and manage investments but should not serve as officer,
court staff and judicial colleagues, without differentiation on any director, manager or advisor, or employee of any business except as
irrelevant ground, immaterial to the proper performance of such duties. director of a family business of the judge.
SECTION 4. Judges shall not knowingly permit court staff or others RULE 5.04 - A judge or any immediate member of the family shall not
subject to his or her influence, direction or control to differentiate accept a gift, bequest, factor or loan from any one except as may be
between persons concerned, in a matter before the judge, on any allowed by law.
irrelevant ground.
SECTION 5. Judges shall require lawyers in proceedings before the RULE 5.05 - No information acquired in a judicial capacity shall be
court to refrain from manifesting, by words or conduct, bias or sued or disclosed by a judge in any financial dealing or for any other
prejudice based on irrelevant grounds, except such as are legally purpose not related to judicial activities.
relevant to an issue in proceedings and may be the subject of
legitimate advocacy.
FIDUCIARY ACTIVITIES
RULE 5.06 - A judge should not serve as the executor, administrator,
trustee, guardian, or other fiduciary, except for the estate, trusts, or
person of a member of the immediate family, and then only if such
service will not interfere with the proper performance of judicial duties.
"Member of immediate family" shall be limited to the spouse and
relatives within the second degree of consanguinity. As a family, a
judge shall not:
(1) serve in proceedings that might come before the court of said
judge; or
(2) act as such contrary to rules 5.02 to 5.05.
PRACTICE OF LAW AND OTHER PROFESSION
RULE 5.07 - A judge shall not engage in the private practice of law.
Unless prohibited by the Constitution or law, a judge may engage in
the practice of any other profession provided that such practice will not
conflict or tend to conflict with judicial functions.
FINANCIAL DISCLOSURE
RULE 5.08 - A judge shall make full financial disclosure as required by
law.
EXTRA-JUDICIAL APPOINTMENTS
RULE 5.09 - A judge shall not accept appointment or designation to
any agency performing quasi-judicial or administrative functions.
POLITICAL ACTIVITIES
RULE 5.10 - A judge is entitled to entertain personal views on political
questions. But to avoid suspicion of political partisanship, a judge shall
not make political speeches, contribute to party funds, publicly endorse
candidates for political office or participate in other partisan political
activities.
CANON 6
COMPETENCE AND DILIGENCE: Competence and diligence are pre-
requisites to the due performance of judicial office.
SECTION 1. The judicial duties of a judge take precedence over all
other activities.
SECTION 2. Judges shall devote their professional activity to judicial
duties, which include not only the performance of judicial functions and
responsibilities in court and the making of decisions, but also other
tasks relevant to the judicial office or the courts operations.
SECTION 3. Judges shall take reasonable steps to maintain and
enhance their knowledge, skills and personal qualities necessary for
the proper performance of judicial duties, taking advantage for this
purpose the training and other facilities which should be made
available, under judicial control, to judges.
SECTION 4. Judges shall keep themselves informed about relevant
developments of international law, including international conventions
and other instruments establishing human rights norms.
SECTION 5. Judges shall perform all judicial duties, including the
delivery of reserved decisions, efficiently, fairly and with reasonable
promptness.
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 staff and others subject to their influence,
direction or control.
SECTION 7. Judges shall not engage in conduct incompatible with the
diligent discharge of judicial duties.

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Stephanie Rose B. Senires

12