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GUIDE FOR

OBSERVING AND EVALUATING


COURT PERFORMANCE
THE INTEGRITY PROJECT
GUIDE FOR
OBSERVING AND EVALUATING
COURT PERFORMANCE

Contracted under Cooperative Agreement 492-A-00-09-00032-00

600 Water Street, SW, Washington, DC 20024, USA Tel: +1.202.484.7170/ Fax: +1.202.488.0754
www.msiworldwide.com

Disclaimer The views expressed in this publication do not necessarily reflect the views of the United States Agency for
International Development or the United States Government
TABLE OF CONTENTS

Preface …………………………………………………………………………… i

How To Use This Booklet ……………………………………………………….. iii

Court Observation and Evaluation


Checklist for Judges and Justices ……………………………………………….. 1

Score Sheet for Judges and Justices …………………………………………….. 20

Court Observation and Evaluation


Checklist for Prosecutors ………………………………………………………… 21

Score Sheet for Prosecutors …………………………………………………….. 43

Court Observation and Evaluation


Checklist for Lawyers …………………………………………………………… 44

Score Sheet for Lawyers ………………………………………………………… 74

Index …………………………………………………………………………….. 75

Observer’s Remarks …………………………………………………………….. 92


i

PREFACE

Management Systems International, Inc. (MSI), a subsidiary of Coffey


International, Ltd., and a contractor for USAID, together with Transparency
International (TI) gladly present to the legal community this Guide for Observing and
Evaluating Court Performance. MSI is presently undertaking an Integrity Project (I-
Pro) to devise, propose and implement specific anti-corruption programs in
partnership with anti-graft agencies in the Philippines. Under this project, MSI has
proposed a program to monitor the performance of trial magistrates, prosecutors and
defense lawyers in anti-graft cases, as a specific anti-corruption device to observe and
document the manner in which corruption cases proceed through the trial courts. The
program has a dual purpose: First, to monitor and evaluate the performance of judges,
prosecutors and defense lawyers in the trial of corruption cases, the awareness of
which will spur those being observed to put their best foot forward and thereby
enhance the administration of justice. Second, to adopt a legal community-based
monitoring system so that the public can be better informed of how justice is
dispensed, thereby building confidence in the justice system. In preparation for this
program, MSI and TI have jointly sponsored the publication of this booklet.

This booklet is not intended for the layman who has no basic knowledge of the
law and of court procedure. It is meant to be used by members of the Bench and Bar,
law professors and students, the legal community in general, and Non-Governmental
Organizations (NGOs) involved in improving the administration of justice, in
particular.

The booklet contains three checklists: The first is for Judges and Justices; the
second is for Prosecutors; and, the third is for defense lawyers. (Justices of the
Sandiganbayan are both trial and appellate court magistrates under Presidential
Decree 1606, as amended, creating the Anti-Graft Court) Each checklist contains
different headings stating certain qualities (like Integrity or Impartiality) under which
specific acts or norms of conduct are classified. These itemized acts are the standards
by which the conduct and performance of the magistrates, prosecutors and lawyers
being observed could more or less be evaluated. The standards are derived from the
following legal sources:

Code of Judicial Conduct;


Code of Professional Responsibility;
Code of Conduct and Ethical Standards for Public Officials and
Employees (Republic Act 6713);
Rules Implementing Republic Act 6713;
Speedy Trial Act of 1998 (R.A. 8493);
Supreme Court Circular 38-98; and
DOJ Administrative Order No. 162, dated August 12, 1946.

Established doctrines and recent jurisprudence on the subject have also been included.
Each point of conduct is supported by a specific citation. Being comprehensive, the
booklet is virtually a manual on judicial and legal ethics.
ii

With very few and unavoidable exceptions, acts constituting felonies and
violations of penal laws have intentionally been excluded for two reasons: first, they
involve elements too technical for observers to understand; and second, they would
entail criminal investigation or proceedings outside the scope of a court observation.

This booklet can be useful to Non-Governmental Organizations (NGOs) and


other civic groups interested in improving the administration of justice by observing
and monitoring court proceedings, this time being equipped with checklists that can
guide and record their observations. Law schools will likewise find the booklet very
useful in teaching their students in Practice Court and in operating their legal clinic, if
any, on the practical application of the rules on judicial conduct and professional
ethics. The booklet can also be adopted by the Office of the Court Administrator of
the Supreme Court in monitoring the conduct, performance and efficiency of Justices
and Judges in the different lower courts. The favorable results obtained from using
this booklet collated from observations made by hundreds of court observers from
different walks of life, done in different times and climes, as they pertain to any
individual Justice, Judge, Prosecutor or lawyer, could also be used by the Judicial and
Bar Council (JBC) in screening, selecting and recommending candidates for
promotion in, or appointment to, the Judiciary. More significantly, the booklet can
serve as a tool for self-assessment or professional audit on the part of any
conscientious member of the Bench and Bar. It can remind him of the points of
conduct that he missed, flag him on those where he failed, and reinforce his
confidence on those where he excelled, with a view to self-improvement. This in turn
will make him a better instrument in the administration of justice.

Limited copies of this booklet will be distributed to the Supreme Court, Office
of the Court Administrator, Judicial and Bar Council, Sandiganbayan, Department of
Justice, Office of the Ombudsman and the Special Prosecutor, other government
agencies, the Integrated Bar of the Philippines, some of the leading law schools in the
country, and some NGOs monitoring the progress of corruption cases.

MSI commissioned former Sandiganbayan Justice Cipriano A. del Rosario to


secure and organize the materials for this booklet. Justice Del Rosario’s long
experience of fifty-one years in the legal profession, of which more than fourteen
years were dedicated as an Associate Justice of the Anti-Graft Court, provides the
professional expertise and lends credence to this work. MSI acknowledges his
contribution with great appreciation.

As organizations devoted to improving management performance and


transparency worldwide, MSI and TI hope that this Guide for Observing and
Evaluating Court Performance will contribute even in a modest way to promote the
administration of justice in the Philippines.
iii

HOW TO USE THIS BOOKLET

First of all, familiarize yourself with the contents of this booklet. Note that it
contains three different checklists: one for Judges and Justices; another for
Prosecutors; and a third one for defense lawyers. Note further that each checklist has
different headings stating certain qualities (like “Integrity” or “Judicial Competence
and Performance”). Under each heading, the specific acts or norms of conduct to be
observed are classified (like “Does not solicit for charities” under the heading
“Integrity” in the Checklist for Judges and Justices). Once you know these acts or
norms of conduct or at least the heading and the checklist where they can be found, it
will be easy for you to turn to them during the court observation.

To the right of each point of conduct or act to be observed are two (2)
columns. The first column pertains to items that you have no knowledge of or had no
opportunity to observe during the court observation. You indicate your lack of
knowledge or lack of opportunity to observe by writing an “X” inside the box under
this column and opposite that particular point of conduct or act after the court
observation.

The second column is where you rate the conduct or performance of the
person being observed on a progressive scale of ten (10). The lowest score starts with
a dismal 1 and the highest score glows with a perfect 10. You indicate your rating by
simply checking inside the box under the numbered sub-column and opposite the
point of conduct you observed. You do the rating during the court observation or
immediately afterwards. For example, if you observed that the Prosecutor has
adequately prepared himself on the law and facts of his case and has presented his
evidence in proper order, turn to the Checklist for Prosecutors, look under the heading
“Professional Competence and Performance”, look for the point of conduct which
reads, “Does not appear for trial unless he has adequately prepared himself on the law
and the facts of his case, xxx” and check inside the box opposite that point under sub-
column 9 or 10, as you wish. Another example: Suppose you observed that the
counsel for the accused came late for trial and was even scolded for it by the Judge,
turn to the Checklist for Lawyers, look under the heading, “Professional Attitude,
Behavior and Demeanor”, look for the point of conduct which says, “Punctually
appears at Court hearings,” and check inside the box opposite that point under sub-
column 1 (lowest score).

Should you find some difficulty in locating specific points of conduct in the
checklists, use the subject index at the end of this booklet. To make it easy for you to
scan the page where the subject is found, the key words are written in bold letters. In
the index, you will notice that the page or pages where the subject may be found are
prefixed with the letters, “CJ”, “CP” or “CL”. These letters stand for “Checklist for
Judges and Justices”, “Checklist for Prosecutors” or “Checklist for Lawyers”,
respectively. Choose only the page or pages pertaining to the position of the person
being observed. To illustrate: Suppose you observed that the defense lawyer has
iv

been harassing the witness on cross-examination. Look for the subject “harassing a
witness” in the index and you will see that the subject can be found on pages CL-54
and CP-30. Choose page 54 because the person you observed harassing the witness is
the lawyer.

You are not expected to observe all the acts covered by the checklists, but try
to rate the person being observed on as many points of conduct as you can. (If you are
a law student, your own grade will depend on the number of points you were able to
observe because that will demonstrate your resourcefulness in getting at the facts, say,
by going over the records of the case or interviewing court personnel.)

After the court observation, count the number of items about which you had
no knowledge or had no opportunity to observe and write it on the space indicated
inside the box at the bottom of the page. Also count the number of items (not the
score) you were able to observe and write it on the space indicated inside the same
box. Now, add up the scores you gave under the second column and write the result
above the word “SCORE” inside the same box. Do this for every page.

At the end of every heading is a second box. Add up separately the number of
observed and unobserved items written inside the first box on each page and write the
results on the spaces indicated inside this second box. Also add up the scores on each
page and write the result on the space indicated inside this second box. This figure
represents the total score of the person observed on that particular heading or quality
only.

At the end of every checklist is a score sheet. Fill up this score sheet with the
corresponding figures or scores you wrote inside the second boxes. Finally, add them
up to arrive at the total figures (of observed and unobserved items) and total score of
the person observed. Whew, you made it!

Before submitting the booklet to your supervisor, see to it that the forms
provided on pages 1, 21 and 44 of the booklet have been filled up and signed by you.
Do not fill up the space for “Average Rating”. The supervisors will compute the
average rating. If you have any comments, write them under “Observer’s Remarks”
on page 92 of this booklet. Finally, submit the booklet to your supervisor.

The supervisors will afterwards collate and tally the results, using a fair
system of evaluation and computation that they will agree on. They will take into
account, among other things, the weight that should be given each quality or point of
conduct, and the number of points about which you had no knowledge or had no
opportunity to observe in proportion to the number of points you were able to
observe. The results will be summarized and brought to the attention of the proper
authorities for consideration and appropriate action.

Find inner satisfaction with the thought that your participation in the court
observation will contribute in someway, be it ever so small, towards improving the
administration of justice in our country.
1

COURT OBSERVATION AND EVALUATION


CHECKLIST FOR JUDGES AND JUSTICES

Name of Judge/Justice: Hon. ____________________________

Case Title: _______________ Case No. __________________

Court: ___________________ Branch: ____ Division:_______ ____________


Average Rating
Province/City: ____________ Date: ____________________ (Do not fill up)

Name of Observer: _____________________________ Signature: _____________________

Name of Organization: _________________________________________________________

Name of Supervisor: ____________________________ Initial:_________________________

No knowledge RATING
or (on a progressive scale of ten)
INTEGRITY No opportunity
to observe
1 2 3 4 5 6 7 8 9 10

Symbolizes rectitude and comports himself


in a manner that casts no doubt whatsoever
about his honesty (Yuson vs. Noel, 227
SCRA 1; 1993)

Does not use or lend the prestige of his


judicial office to advance the private
interests of others. (Rule 2.03, Code of
Judicial Conduct)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ________ _______ _________
SCORE
2

RATING
No knowledge (on a progressive scale of ten)
or
INTEGRITY No opportunity 1 2 3 4 5 6 7 8 9 10
to observe

Refuses to accept personally or through any


immediate member of his/her family, any
gift, bequest, factor or loan from any one,
except as may be allowed by law. Rule
5,04, Ibid.)

Refrains from serving as executor,


administrator, trustee, guardian or other
fiduciary for the estate, trusts or persons,
except for those of members of his/her
immediate family and only if such service
will not interfere with the proper
performance of judicial duties. (Rule 5.06,
Code of Judicial Conduct)

Does not solicit for charities (Par. 24, DOJ


Administrative Order No. 162, dated August
12, 1946)

Refuses to use or disclose any information


acquired in his/her judicial capacity in
any financial dealing or for any other
purpose not related to judicial activities
(Rule 5.05, Code of Judicial Conduct)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe _________ _______ _________
SCORE

Total number of points you had no


knowledge of or had no opportunity
observe ___________
___________________________________ _____________________
TOTAL SCORE FOR
Total number of points you observed ___________ INTEGRITY
3

No knowledge RATING
or (on a progressive scale of ten)
IMPARTIALITY No opportunity
to observe
1 2 3 4 5 6 7 8 9 10

Possesses the cold neutrality of an


impartial judge. (Gutierrez vs. Santos, 112
Phil. 183; 1961)

Does not allow family, social or other


relationships to influence judicial conduct
or judgment (Rule 2.03, Code of Judicial
Conduct)

Strictly observes merit and qualifications


and avoids nepotism and favoritism in the
appointment of commissioners, receivers,
trustees, guardians, administrators and
others (Rule 3.11, Ibid.)

Disqualifies himself/herself and takes no


part in any proceeding where his/her
impartiality might reasonably be questioned
and states the legal reason/s for inhibition
(Rule 3.12, Ibid.)

Inhibits himself from hearing a case only


for just and valid reasons (Barnes vs.
Reyes, 598 SCRA 107; 2009)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe __________ __________ _________
SCORE
4

No knowledge RATING
or (on a progressive scale of ten)
IMPARTIALITY No opportunity
to observe
1 2 3 4 5 6 7 8 9 10

After disclosing on the record the basis of


his/her disqualification, participates in the
proceeding only after the parties and
lawyers all agree in writing that the reason
for disqualification is immaterial or
insubstantial and this is incorporated in the
record (Rule 3.13, Ibid.)

Avoids lawyering for one of the parties


by, say, suggesting to a party’s counsel that
the amendment to his complaint should, in
the relief portion, include the claim for
rentals (Tanjuatco vs. Guaco, 582 SCRA
200; 2009)

Acts and behaves in such a manner that the


parties before him should have confidence
in his impartiality. (Tan vs. Gallardo, 73
SCRA 306; 1976)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ___________ ___________ __________
SCORE

Total number of points you had no


knowledge of or had no opportunity
___________
observe
___________________________________
_____________________
TOTAL SCORE FOR
Total number of points you observed IMPARTIALITY
___________
5

No knowledge RATING
or (on a progressive scale of ten)
INDEPENDENCE No opportunity
to observe
1 2 3 4 5 6 7 8 9 10

Not swayed by partisan interests, public


opinion or fear of criticism. (Rule 3.02,
Code of Judicial Conduct)

Guards against creating the impression that


he/she is affected by the rank, position or
influence of any party (Par. 12, DOJ Adm.
Order 162, dated August 12, 1946)

Vigilant against any attempt to subvert the


independence of the judiciary. (Rule 1.03,
Ibid.)

Resists any pressure intended to influence


the performance of official functions. (Rule
1.03, Ibid.)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe __________ _______ _________
SCORE

Total number of points you had no


knowledge of or had no opportunity
observe ___________
___________________________________
_____________________
TOTAL SCORE FOR
Total number of points you observed ____________ INDEPENDENCE
6

No knowledge RATING
JUDICIAL COMPETENCE or (on a progressive scale of ten)
AND PERFORMANCE No opportunity
to observe
1 2 3 4 5 6 7 8 9 10

Maintains professional competence (Rule


3.01, Code of Judicial Conduct)

Conversant with basic legal principles and


well-settled doctrines and strives for
excellence (Conducto vs. Monzon, 291
SCRA 619; 1998)

Keeps abreast with developments in


jurisprudence. (Office of the Court
Administrator vs. Mendoza, 240 SCRA 285;
2000)

Administers justice without delay (Rule


1.02, Code of Judicial Conduct)

Endeavors diligently to ascertain the facts


and the applicable law (Rule 3.02, Ibid.)

Maintains order and proper decorum in


court. (Rule 3.03, Ibid.)

Disposes of court business promptly and


decides cases within the required period
(Rule 3.05, Ibid.)

Prevents loss of time or clears up obscurity


to ascertain the truth during the trial,
without unduly interfering with the proper
presentation of evidence (Rule 3.06, Ibid.)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe __________ _________ __________
SCORE
7

No knowledge RATING
JUDICIAL COMPETENCE or (on a progressive scale of ten)
AND PERFORMANCE No opportunity
to observe
1 2 3 4 5 6 7 8 9 10

Disallows excessive compensation to


trustees, administrators, receivers,
commissioners, guardians and other
persons appointed by him/her to aid in the
administration of justice (Par. 11, DOJ
Administrative Order No. 162, dated August
12, 1946)

Discourages ex-parte hearing of


applications for injunction and
receivership, except where the necessity for
quick action is clearly shown (Par. 15, Ibid.)

On motions for postponement, endeavors


to hold counsel to a proper appreciation of
their duties to the public, client, adverse
party and his counsel so as to enforce due
diligence in the dispatch of business
before the court (Par. 16, Ibid.)

States clearly the facts and the law on


which his judgment is based. (Valle vs.
Esguerra, 57 SCRA 91; 1974)

Considers all aspects of pretrial i.e., plea


bargaining, stipulation of facts, marking for
identification of evidence, waiver of
objections to admissibility of evidence and
such other matters as will promote a fair and
expeditious trial (Section 2, R.A. 8493,
Speedy Trial Act of 1998)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe __________ __________ __________
SCORE
8

No knowledge RATING
JUDICIAL COMPETENCE or (on a progressive scale of ten)
AND PERFORMANCE No opportunity
to observe
1 2 3 4 5 6 7 8 9 10

Sets cases for continuous trial, after


consultation with the prosecutor and
counsel, on a weekly or other short-term
trial calendar at the earliest possible time so
as to ensure speedy trial (Section 6, Ibid.)

Complies with the requirement that in no


case shall the entire trial period exceed 180
days from the first day of trial, except as
otherwise authorized by the Chief Justice
(Section 6, Ibid.)

Holds the arraignment of the accused


within 30 days from the filing of the
information, or the date the accused has
appeared before him or the court in which
the charge is pending, whichever date last
occurred (Section 7, Ibid.)

Gives the accused who has pleaded not


guilty at least 15 days to prepare for trial
and commences trial within 30 days from
arraignment (Section 7, Ibid.)

Denies motions for continuance or


postponement on the ground of general
congestion of the court’s calendar, lack of
diligent preparation or failure to obtain
available witnesses on the part of the public
prosecutor (Section 11, 2nd paragraph, Ibid.)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe __________ __________ __________
SCORE
9

No knowledge RATING
JUDICIAL COMPETENCE or (on a progressive scale of ten)
AND PERFORMANCE No opportunity
to observe
1 2 3 4 5 6 7 8 9 10

Punishes any counsel or public prosecutor


who delays trial by committing any of the
acts mentioned under Section 14 of the
Speedy Trial Act with a fine not exceeding
P10,000.00 or denying them the right to
practice law before the court for a period not
exceeding thirty days (Section 14, last
paragraph, Ibid.)

Decides cases with dispatch (Office of the


Court Administrator vs. Asali, 588 SCRA
273; 2009)

Pores over all documents wherein he


affixes his signature and gives his official
imprimature, his heavy caseload
notwithstanding (Amante Descallar vs.
Ramas, 582 SCRA 22; 2009)

Guards against the simple misconduct of


continuously failing to do anything about
the case, either in terms of deciding it or
clarifying its status with the court or branch
to which it belongs (582 SCRA 325; 2009)

Avoids publicity for personal vainglory


(Rule 2.02, Ibid.)

Patient, attentive and courteous to


lawyers (specially the inexperienced),
litigants, witnesses and others appearing
before the court. (Rule 3.04, Ibid.)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe __________ __________ __________
SCORE
10

No knowledge RATING
JUDICIAL COMPETENCE or (on a progressive scale of ten)
AND PERFORMANCE No opportunity
to observe
1 2 3 4 5 6 7 8 9 10

Avoids a controversial tone in addressing


counsel, litigants or witnesses (Par. 14, DOJ
Adm. Order No. 162, dated August 12m
1946)

Avoids unnecessary display of learning or


a premature judgment. (Par. 14, Ibid.)

Avoids side remarks, hasty conclusions,


loose statements or gratuitous utterances
that give the impression that he has
prejudged the case (Castillo vs. Juan, 62
SCRA 124; 1975)

Refrains from resorting to intemperate


language. (Ariosa vs. Tamin, 344 SCRA
589; 2000)

Refrains from bringing out a gun for


everyone present in the court to see for the
purpose of maintaining order and decorum
in court, in the absence of overt acts of
aggression by a party before the court
(Caneda vs. Menchavez, 580 SCRA 521;
2009)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe __________ __________ __________
SCORE
11

No knowledge RATING
JUDICIAL COMPETENCE or (on a progressive scale of ten)
AND PERFORMANCE No opportunity
to observe
1 2 3 4 5 6 7 8 9 10

Observes genuine respect for the rights of


all the parties, a thoughtful consideration
before ruling on important questions, and a
zealous regard for the just administration
of the law. (State Prosecutors vs. Muro,
251 SCRA 111; 1995)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe __________ _________ ___________
SCORE

Total number of points you had no


knowledge of or had no opportunity
observe ___________
___________________________________ _____________________
TOTAL SCORE FOR
JUDICIAL COMPETENCE
Total number of points you observed ___________ AND PERFORMANCE
12

No knowledge RATING
JUDICIAL ATTITUDE, BEHAVIOR or (on a progressive scale of ten)
AND DEMEANOR No opportunity
to observe
1 2 3 4 5 6 7 8 9 10

Avoids unconsciously falling into the


attitude that the litigants are made for the
courts, instead of the courts for the litigants
(Rule 3.04, Code of Judicial Conduct)

Behaves to promote public confidence in


the integrity and impartiality of the judiciary
(Rule 2.01, Code of Judicial Conduct)

Maintains a detached attitude from a case


where his decision or order has been
challenged in an appellate court and does
not waste his time by taking an active part in
the appellate proceedings, unless expressly
directed by the appellate court (Turqueza vs.
Hernando, 97 SCRA 483; 1980)

Exhibits utmost sobriety and self-restraint,


the hallmark of judicial temperament
(Inonog vs. Ibay, 594 SCRA 168; 2009)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe __________ _________ _________
SCORE

Total number of points you had no


knowledge of or had no opportunity
observe ___________
___________________________________ _____________________
TOTAL SCORE FOR
JUDICIAL ATTITUDE,
Total number of points you observed ___________ BEHAVIOR AND
DEMEANOR
13

No knowledge RATING
ADMINISTRATIVE ABILITY or (on a progressive scale of ten)
AND EFFICIENCY No opportunity
to observe
1 2 3 4 5 6 7 8 9 10

Maintains competence in court


management (Rule 3.08, Code of Judicial
Conduct)

Requires court personnel to restrain


themselves from making public comments
on any pending or impending case. (Rule
3.07, Ibid.))

Discharges his/her administrative


responsibilities diligently (Rule 3.08, Ibid.)

Facilitates the performance of


administrative functions of other judges
and court personnel (Rule 3.08, Ibid.)

Organizes and supervises court personnel


to ensure the prompt and efficient dispatch
of business (Rule 3.09, Ibid.)

Requires at all times the observance of high


standards of public service and fidelity
(Rule 3.09, Ibid.)

Takes or initiates appropriate disciplinary


measures against lawyers or court
personnel for unprofessional conduct of
which he/she may have become aware (Rule
3.10, Ibid.)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe __________ _________ _________
SCORE
14

No knowledge RATING
ADMINISTRATIVE ABILITY or (on a progressive scale of ten)
AND EFFICIENCY No opportunity
to observe
1 2 3 4 5 6 7 8 9 10

Recommends the appointment of court


personnel strictly on the basis of merit and
qualifications and avoids nepotism and
favoritism (Rule 3.11, Ibid.)

Strives to be a good leader and manager;


knows himself/herself and his/her
objectives; motivates his/her employees
toward creativity, achievement and success;
and creates an atmosphere of cordiality
conducive to industry, dedication and
commitment to excellence (Estoya vs.
Abraham-Singson, 237 SCRA l; 1994)

Makes a physical inventory of cases even


as he/she is provided with a court staff and a
branch clerk of court (Concerned Lawyers
of Bulacan vs. Villalon-Pornillos, 592
SCRA 36; 2009)

Controls and disciplines his staff and takes


responsibility for their mistakes (Concerned
Lawyers of Bulacan vs. Villalon-Pornillos,
592 SCRA 36; 2009)

Does not hide behind the excuse of heavy


caseload to justify his/her failure to decide
or resolve cases promptly (Concerned
Lawyers… vs. Villalon-Pornillos, supra)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe. __________ _________ __________
SCORE
15

No knowledge RATING
ADMINISTRATIVE ABILITY or (on a progressive scale of ten)
AND EFFICIENCY No opportunity
to observe
1 2 3 4 5 6 7 8 9 10

Takes responsibility for his judicial


function and does not take refuge behind
the inefficiency of court personnel (Land
Bank of the Philippines vs. Pagayatan, 598
SCRA 592; 2009

Supervises the court personnel, particularly


those in charge of the docket books; adopts
a system of record management; and,
organizes his docket in order to bolster the
prompt and effective dispatch of business
(Heirs and spouses of Jose and Concepcion
Olorga vs. Beldia, 578 SCRA 191, 2009)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe __________ _________ ___________
SCORE

Total number of points you had no


knowledge of or had no opportunity
observe ___________
___________________________________ _____________________
TOTAL SCORE FOR
ADMINISTRATIVE
Total number of points you observed ____________ ABILITY AND EFFICIENCY
16

No knowledge RATING
or (on a progressive scale of ten)
EXTRAJUDICIAL CONDUCT No opportunity
to observe
1 2 3 4 5 6 7 8 9 10

Refrains from financial or business deals


that tend to reflect adversely on the
impartiality of the court, interfere with the
proper performance of judicial activities or
increase involvement with lawyers or
persons likely to come before the court
(Rule 5.02, Code of Judicial Conduct)

Abstains from making public comments on


any pending or impending case (Rule
3.07, Ibid.)

Engages in extrajudicial activities (like


writing, teaching, sports, art, civic and
charitable activities) only if these do not
interfere with the performance of judicial
duties or detract from the dignity of the
court (Rule 5.01, Ibid.)

Refrains from serving as officer, director


or manager, advisor or employee of any
business, except as director of his/her family
business (Rule 5.03, Ibid.)

Conducts himself at all times with


propriety and is above suspicion not only
in the performance of his judicial duties, but
also in his behavior outside the courtroom
and as an individual (In re: Justice
Demetria, Adm. Case No. 00-09-CA, March
27, 2001)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe __________ __________ ___________
SCORE
17

No knowledge RATING
or (on a progressive scale of ten)
EXTRAJUDICIAL CONDUCT No opportunity
to observe
1 2 3 4 5 6 7 8 9 10

Avoids being inebriated or drunk in public


or during festivities (Lachica va. Flordeliza,
69 SCAD 55; 1996)

Abides by the law and weaves an example


for others to follow (Capco Umali vs.
Acosta Villarente, 597 SCRA 240; 2009)

Refrains from borrowing and using


property which was the subject of a case
previously before him from a litigant who
had pending cases before his sala (Mercado
vs. Salcedo, 604 SCRA 4, 2009)

Strives to be not so thin skinned or


sensitive as to feel hurt or offended if a
citizen expresses an honest opinion about
him which may not altogether be flattering
to him (Baculi vs. Belen, 586 SCRA 69;
2009)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe __________ __________ ___________
SCORE

Total number of points you had no


knowledge of or had no opportunity
observe ___________
___________________________________ _____________________
TOTAL SCORE FOR
EXTRA JUDICIAL
Total number of points you observed ____________ CONDUCT
18

No knowledge RATING
COMPLIANCE WITH THE or (on a progressive scale of ten)
LAW No opportunity
to observe
1 2 3 4 5 6 7 8 9 10

Desists from engaging in the private


practice of law (Rule 5.07, Code of
Judicial Conduct)

If engaged in the practice of any other


profession, sees to it that this does not
conflict or tend to conflict with judicial
functions and he/she is not prohibited by the
Constitution or by law to engage in such
other profession (Rule 5.07, Ibid.)

Makes full financial disclosure as provided


by law (Rule 5.08, Ibid.)

Refrains from accepting appointment or


designation to any agency performing
quasi-judicial or administrative functions
(Rule 5.09, Ibid.)

Refrains from making political speeches,


contributing to party funds, publicly
endorsing candidates for political office or
participating in other partisan political
activities (Rule 5.10, Ibid.)

Avoids leaking a confidential internal


document of the court, such as the
unauthorized release of a ponencia not yet
promulgated (In re: Undated Letter of Mr.
Louis C. Biraogo. Adm. Matter No. 09-2-
19-SC, Feb. 24, 2009; 580 SCRA)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe __________ __________ __________
SCORE
19

No knowledge RATING
COMPLIANCE WITH THE or (on a progressive scale of ten)
LAW No opportunity
to observe
1 2 3 4 5 6 7 8 9 10

Studiously avoids the slightest infraction of


the law to prevent a demoralizing example
to others (Par. 22, DOJ Adm. Order No.
162, supra)

Files his Statement of Assets, Liabilities


and Net Worth in compliance with Section
8, R.A. 6713

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe __________ __________ __________
SCORE

Total number of points you had no


knowledge of or had no opportunity
observe ___________
___________________________________ _____________________
TOTAL SCORE FOR
COMPLIANCE WITH THE
Total number of points you observed ____________ LAW
20

SCORE SHEET FOR JUDGES AND JUSTICES

JUDICIAL QUALITIES SCORE

INTEGRITY

IMPARTIALITY

INDEPENDENCE

JUDICIAL COMPETENCE AND PERFORMANCE

JUDICIAL ATTITUDE, BEHAVIOR AND DEMEANOR

ADMINISTRATIVE ABILITY AND EFFICIENCY

EXTRAJUDICIAL CONDUCT

COMPLIANCE WITH THE LAW

TOTAL SCORE

TOTAL NUMBER OF POINTS OBSERVED

TOTAL NUMBER OF POINTS UNOBSERVED OR UNKNOWN


21

COURT OBSERVATION AND EVALUATION


CHECKLIST FOR PROSECUTORS

Name of Prosecutor: Hon. ______________________________

Case Title: __________________ Case No. ________________

Court: _____________________ Branch: ____ Division:_____ ____________


Average Rating
Province/City: ______________ Date: __________________ (Do not fill up)

Name of Observer: _____________________________ Signature: ______________________

Name of Organization: __________________________________________________________

Name of Supervisor: _____________________________ Initial:_________________________

RATING
INTEGRITY No knowledge or (on a progressive
No opportunity to scale of ten)
observe
1 2 3 4 5 6 7 8 9 10

Does not suppress facts or conceal


witnesses capable of establishing the
innocence of the accused (Rule 6.01,
Canon 6, Code of Professional
Responsibility)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ________ _______ _________
SCORE
22

RATING
INTEGRITY No knowledge or (on a progressive
No opportunity to scale of ten)
observe

1 2 3 4 5 6 7 8 9 10

Does not use his public position to


promote or advance his private interest,
nor does he allow his private interest to
interfere with his public duties (Rule
6.02, Canon 6, Ibid.

Upholds at all times the integrity and


dignity of the legal profession and
supports the activities of the Integrated
Bar (Canon 7, Code of Professional
Responsibility)

Does not knowingly make a false


statement or suppress a material fact in
connection with his application for
admission to the bar (Rule 7.01, Canon
7, Ibid.)

Does not do any falsehood, nor consent


to the doing of any in Court (Rule 10.01,
Canon 10, Ibid.)

Does not knowingly assist a witness to


misrepresent himself or to impersonate
another (Rule 12.06, Canon 12, Ibid.)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ________ _______ _________
SCORE
23

RATING
INTEGRITY No knowledge or (on a progressive
No opportunity to scale of ten)
observe

1 2 3 4 5 6 7 8 9 10

Always upholds the public interest over


and above his personal interest. (Section
4[A][a], Code of Conduct and Ethical
Standards for Public Officials and
Employees, R.A. 6713)

Avoids having directly or indirectly any


financial or material interest in any
transaction requiring the approval of his
office (Section 7[a], R.A. 6713)

Does not own, control or manage any


private enterprise regulated, supervised
or licensed by his office, unless expressly
authorized by law (Section 7[b][1], R.A.
6713)

Refrains from accepting employment as


officer, employee, consultant, counsel,
broker, agent, trustee or nominee in any
private enterprise regulated, supervised
or licensed by his office, unless expressly
authorized by law (Section 7[b][1], R.A.
6713)

Avoids recommending any person to


any position in a private enterprise
which has a regular or pending official
transaction with his office (Section
7[b][3], R.A. 6713)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ________ _______ _________
SCORE
24

RATING
INTEGRITY No knowledge or (on a progressive
No opportunity to scale of ten)
observe

1 2 3 4 5 6 7 8 9 10

Does not solicit or accept, directly or


indirectly, any gift, gratuity, favor,
entertainment, loan or anything of
monetary value from any person in the
course of his official duties or in
connection with any operation being
regulated by, or any transaction which
may be affected by the functions of his
office (Section 7[d], R.A. 6713)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ________ ________ _________
SCORE

Total number of points you had no


knowledge of or had no opportunity
observe ___________
_________________________________
_____________________
TOTAL SCORE FOR
Total number of points you observed ____________ INTEGRITY
25

No knowledge or RATING
IMPARTIALITY No opportunity to (on a progressive
observe scale of ten)

1 2 3 4 5 6 7 8 9 10

Acts with justness and sincerity and


does not discriminate against anyone,
specially the poor and the
underprivileged (Section 4[A][c], R.A.
6713)

Does not dispense or extend undue


favors on account of their office to his
relatives, whether by affinity or
consanguinity. Exception:
Appointments of relatives to positions
considered strictly confidential or as
members of his personal staff whose
terms are coterminous with his (Section
4[A][c], R.A. 6713)

Provides service to everyone without


unfair discrimination and regardless of
party affiliation or preference (Section
4[A][d], R.A. 6713

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ________ ________ _________
SCORE
26

RATING
IMPARTIALITY No knowledge or (on a progressive
No opportunity to scale of ten)
observe

1 2 3 4 5 6 7 8 9 10

Avoids conflict of interest in his role as a


public officer by not being a member of
the board, an officer or a substantial
stockholder of a private corporation or a
partner in a partnership, where the interest
of such corporation or partnership or his
rights and duties therein may be opposed
to or affected by the faithful performance
of his official duty (Section 3[i] and
Section 9, R.A. 6713)

Does not own or has no substantial


interest in a business where the interest
of such business may be opposed to or
affected by the faithful performance of his
official duty (Section 3[i], R.A. 6713)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ________ ________ _________
SCORE

Total number of points you had no


knowledge of or had no opportunity
observe ___________
_________________________________
_____________________
TOTAL SCORE FOR
Total number of points you observed ____________ IMPARTIALITY
27

No knowledge or RATING
INDEPENDENCE No opportunity to (on a progressive
observe scale of ten)

1 2 3 4 5 6 7 8 9 10

Does not brook or invite interference by


another branch or agency of the
government in the normal course of
judicial proceedings (Rule 13.03, Canon
13, Ibid.)

Endeavors to maintain and defend


Philippine sovereignty against foreign
intrusion (Section 4[A][f], R.A. 6713

Puts loyalty to country above loyalty to


persons or party (Section 4[A][g], R.A.
6713)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ________ _________ _________
SCORE

Total number of points you had no


knowledge of or had no opportunity
observe ___________
_________________________________

_____________________
Total number of points you observed ____________ TOTAL SCORE FOR
INDEPENDENCE
28

RATING
PREOFESSIONAL COMPETENCE No knowledge or (on a progressive
AND PERFORMANCE No opportunity to scale of ten)
observe

1 2 3 4 5 6 7 8 9 10

Does not mislead or allow the Court to


be misled by any artifice (Rule 10.01,
Canon 10, Code of Professional
Responsibility)

Does not knowingly misquote or


misrepresent the contents of any paper,
the language or the argument of opposing
counsel, or the text of a decision or
authority (Rule 10.02, Canon 10, Ibid.)

Does not knowingly cite as law a


provision already rendered inoperative by
repeal or amendment (Rule 10.02,
Canon 10, Ibid.)

Does not knowingly assert as a fact that


which has not been proven (Rule 10.02,
Canon 10, Ibid.)

Observes the rules of procedure and


does not misuse them to defeat the ends
of justice (Rule 10.03, Canon 10, Ibid.)

Does not attribute to a Judge motives not


supported by the record or have no
materiality to the case (Rule 11.04,
Canon 11, Ibid.)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ________ _______ _________
SCORE
29

RATING
PROFESSIONAL COMPETENCE No knowledge or (on a progressive
AND PERFORMANCE No opportunity to scale of ten)
observe

1 2 3 4 5 6 7 8 9 10

Exerts every effort and considers it his


duty to assist in the speedy and efficient
administration of justice (Canon 12,
Ibid.)

Does not appear for trial unless he has


adequately prepared himself on the law
and the facts of his case, the evidence he
will adduce and the order of its
preferences (Rule 12.01, Canon 12,
Ibid.)

Always ready with the original


documents for comparison with the
copies (Rule 12.01, Canon 12, Ibid.)

Does not file multiple actions arising


from the same cause (Rule 12.02, Canon
12, Ibid.)

Does not, after obtaining extensions of


time to file pleadings, memoranda or
briefs, let the period lapse without
submitting the same or offering an
explanation for his failure to do so (Rule
12.03, Canon 12, Ibid.)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ________ ________ _________
SCORE
30

RATING
PROFESSIONAL COMPETENCE No knowledge or (on a progressive
AND PERFORMANCE No opportunity to scale of ten)
observe

1 2 3 4 5 6 7 8 9 10

Does not unduly delay a case, impede


the execution of a judgment or misuse
Court processes (Rule 12.04, Canon 12,
Ibid.)

Does not abuse, browbeat or harass a


witness nor needlessly inconvenience him
(Rule 12.07, Canon 12, Ibid.)

Discharges his duties with the highest


degree of excellence, professionalism,
intelligence and skill, with utmost
devotion and dedication to duty (Section
4[A][b], R.A. 6713)

Does not allow a case to be set for trial


when a necessary witness would not be
available for trial (Section 13[a],
Supreme Court Circular No. 38-98,
Implementing the Speedy Trial Act)

Avoids filing a motion solely for


purposes of delay which he knows is
totally frivolous and without merit
(Section 13[b], Supreme Court Circular
No. 38-98)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ________ ________ _________
SCORE
31

RATING
PROFESSIONAL COMPETENCE No knowledge or (on a progressive
AND PERFORMANCE No opportunity to scale of ten)
observe

1 2 3 4 5 6 7 8 9 10

Does not knowingly make a false


statement material to the granting of a
continuance for the purpose of obtaining
such a continuance (Section 13[c],
Supreme Court Circular No. 38-98)

Does not fail to proceed to trial unless


there is a valid justification (Section
3[d], Supreme Court Circular No. 38-98)

More conscientious in the performance


of his duties as he is subject to public
scrutiny (Cheng vs. Sy, 593 SCRA 155,
2009)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ________ ________ _________
SCORE

Total number of points you had no


knowledge of or had no opportunity
observe ___________
_________________________________
_____________________
TOTAL SCORE FOR
PROFESSIONAL
Total number of points you observed ____________ COMPETENCE AND
PERFORMANCE
32

RATING
PROFESSIONAL ATTITUDE, No knowledge or (on a progressive
BEHAVIOR AND DEMEANOR No opportunity to scale of ten)
observe

1 2 3 4 5 6 7 8 9 10

Keeps in mind that his primary duty as a


prosecutor is not to convict but to see that
justice is done (Rule 6.01, Canon 6,
Code of Professional Responsibility)

Conducts himself with courtesy, fairness


and candor towards his professional
colleagues and avoids harassing tactics
against opposing counsel (Canon 8, Ibid.)

Does not, in his professional dealings, use


language which is abusive, offensive or
otherwise improper (Rule 8.01, Canon
8, Ibid.)

Owes candor, fairness and good faith to


the Court (Canon 10, Ibid.)

Observes and maintains the respect due


to the Courts and to judicial officers
and insists on similar conduct by others
(Canon11, Ibid.)

Appears in Court properly attired (Rule


11.01, Canon 11, Ibid.)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe. ________ ________ _________
SCORE
33

RATING
PROFESSIONAL ATTITUDE, No knowledge or (on a progressive
BEHAVIOR AND DEMEANOR No opportunity to scale of ten)
observe

1 2 3 4 5 6 7 8 9 10

Does not engage in conduct that


adversely reflects on his fitness to
practice law or behave, whether in
public or private life, in a scandalous
manner to the discredit of the legal
profession (Rule 7.03, Canon 7, Ibid.)

Punctually appears at Court hearings


(Rule 11.02, Canon 11, Ibid.)

Refrains from talking to his witness


during a break or recess in the trial, while
the witness is still under examination
(Rule 12.05, Canon 12, Ibid.)

Relies upon the merits of his cause and


refrains from any impropriety which
tends to influence, or gives the
appearance of influencing the Court
(Canon 13, Ibid.)

Discourages the wrong perception that


public officials and employees are
dispensers or peddlers of undue
patronage (Section 4[A][b[, R.A. 6713)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe. ________ ________ _________
SCORE
34

RATING
PROFESSIONAL ATTITUDE, No knowledge or (on a progressive
BEHAVIOR AND DEMEANOR No opportunity to scale of ten)
observe

1 2 3 4 5 6 7 8 9 10

Respects the rights of others at all times


(Section 4[A][c], R.A. 6713)

Encourages appreciation and pride of


country and people (Section 4[A][f],
R.A. 6713)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ________ ________ _________
SCORE

Total number of points you had no


knowledge of or had no opportunity
observe ___________
_________________________________ _____________________
TOTAL SCORE FOR
PROFESSIONAL
ATTITUDE, BEHAVIOR
Total number of points you observed ____________ AND DEMEANOR
35

RATING
ADMINISTRATIVE ABILITY AND No knowledge or (on a progressive
EFFICIENCY No opportunity to scale of ten)
observe

1 2 3 4 5 6 7 8 9 10

Employs and uses government


resources and powers efficiently,
effectively, honestly and economically to
avoid wastage in public funds and
revenues (Section 4[A][a], R.A. 6713)

Extends prompt, courteous and


adequate service to the public (Section
4[A][e], R.A. 6713)

Provides information on the policies


and procedures of his office in clear and
understandable language and ensures
openness of public information,
consultations and hearings (Section
4[A][e], R.A. 6713)

Encourages suggestions, simplifies and


systemizes policy, rules and procedure,
and avoids red tape (Section 4[A][e],
R.A. 6713)

Maintains the principle of public


accountability (Section 4[A][g], R.A.
6713)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ________ ________ _________
SCORE
36

RATING
ADMINISTRATIVE ABILITY AND No knowledge or (on a progressive
EFFICIENCY No opportunity to scale of ten)
observe

1 2 3 4 5 6 7 8 9 10

Promptly acts on or responds to letters,


telegrams or other means of
communications sent by the public
within fifteen working days from receipt
of such communications and includes in
his reply the action taken on the request
(Section 5[a], R.A. 6713)

If he is the head or a responsible officer


of any government agency, office or
government owned or controlled
corporation, he renders a performance
report of his agency, office or
corporation within forty-five working
days from the end of the year and makes
that report open and available to the
public (Section 5[b], R.A. 6713)

Sees to it that all official papers and


documents are processed and
completed within a reasonable time from
the preparation thereof (Section 5[c],
R.A. 6713)

Also sees to it that official papers and


documents must contain as far as
practicable, not more than three
authorized signatories and that in the
absence of the signatories, the officer
next-in-rank or the officer in charge signs
for them (Section 5[c], R.A. 6713)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ________ ________ _________
SCORE
37

RATING
ADMINISTRATIVE ABILITY AND No knowledge or (on a progressive
EFFICIENCY No opportunity to scale of ten)
observe

1 2 3 4 5 6 7 8 9 10

Acts promptly and expeditiously or


attends immediately to anyone who
personally wants to avail himself of the
services of his office (Section 5[d], R.A.
6713)

Makes all public documents accessible


to, and readily available for inspection
by, the public within reasonable working
hours (Section 5[e], R.A. 6713)

Utilizes public funds and property for


official use with the diligence of a good
father of a family (Section 8, Rule VI,
Rules Implementing the Code of Conduct
and Ethical Standards)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ________ ________ _________
SCORE

Total number of points you had no


knowledge of or had no opportunity
observe ___________
_________________________________ _____________________
TOTAL SCORE FOR
ADMINISTRATIVE
Total number of points you observed ____________ ABILITY AND EFFICIENCY
38

RATING
No knowledge or (on a progressive
EXTRAJUDICIAL CONDUCT No opportunity to scale of ten)
observe

1 2 3 4 5 6 7 8 9 10

Does not extend extraordinary attention


or hospitality to, nor seek opportunity for
cultivating familiarity with Judges
(Rule 13.01, Canon 13, Ibid.)

Refrains from making public statements


in the media regarding a pending case
tending to arouse public opinion for or
against a party (Rule 13.02, Canon 13,
Ibid.)

Supports efforts to achieve high


standards in law schools as well as in
the practical training of law students
(Canon 5, Ibid.)

Assists in disseminating information


regarding law and jurisprudence
(Canon 5, Ibid.)

Refrains from doing acts contrary to


law, good morals, good customs, public
policy, public order, public safety and
public interest (Section 4[A][c], R.A.
6713)

Commits himself to the democratic way


of life and values (Section 4[A][g], R.A.
6713)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ________ ________ _________
SCORE
39

RATING
No knowledge or (on a progressive
EXTRAJUDICIAL CONDUCT No opportunity to scale of ten)
observe

1 2 3 4 5 6 7 8 9 10

Develops an understanding and


appreciation of the socio-economic
conditions prevailing in the country,
specially in the depressed rural and
urban areas (Section 4[A][e], R.A.
6713)

Leads a modest life appropriate to his


position and income (Section 4[A][h],
R.A. 6713)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ________ ________ _________
SCORE

Total number of points you had no


knowledge of or had no opportunity
observe ___________
_________________________________ _____________________
TOTAL SCORE FOR
EXTRAJUDICIAL
Total number of points you observed ____________ CONDUCT
40

RATING
COMPLIANCE WITH No knowledge or (on a progressive
PROFESSIONAL DUTY No opportunity to scale of ten)
observe
AND THE LAW
1 2 3 4 5 6 7 8 9 10

Does not, after leaving government


service, accept engagement or
employment in connection with any
matter in which he had intervened while
in said service (Rule 6.03, Canon 6, Ibid.)

Does not support the application for


admission to the bar of any person
known by him to be unqualified in
respect to character, education or other
relevant attribute (Rule 7.02, Canon 7,
Ibid.)

Submits grievances against a Judge


only to the proper authorities (Rule 11.05
Canon 11, Ibid.)

Participates in continuing legal


programs (Canon 5, Ibid.)

Maintains loyalty to the Republic and to


the Filipino people at all times (Section
4[A][f], R.A. 6713)

Promotes the use of locally-produced


goods, resources and technology
(Section 4[A][f], R.A. 6713)

Manifests by deeds the supremacy of


civilian authority over the military
(Section 4[A][g[, R.A. 6713)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ________ ________ _________
SCORE
41

RATING
COMPLIANCE WITH No knowledge or (on a progressive
PROFESSIONAL DUTY No opportunity to scale of ten)
observe
AND THE LAW
1 2 3 4 5 6 7 8 9 10

Upholds the Constitution (Section


4[A][g], R.A. 6713)

Does not indulge in extravagant or


ostentatious display of wealth in any
form (Section 4[A][h], R.A. 6713)

Does not use or divulge confidential or


classified information, officially known
to him by reason of his office, and not
made available to the public, to further
his interest, give undue advantage to
anyone, or to prejudice public interest
(Section 7[c], R.A. 6713)

Has filed his Statement of Assets,


Liabilities and Net Worth, including
those of his spouse and unmarried
children under eighteen years of age
living in his household for the current
year. (Section 8, R.A. 6713)

Has executed a document authorizing the


Ombudsman to obtain from all
government agencies, including the
Bureau of Internal Revenue, such
documents as may show his assets,
liabilities and net worth, business and
financial connections in previous years
(Section 8[A], 3rd par., R.A. 6713)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ________ ________ _________
SCORE
42

RATING
COMPLIANCE WITH No knowledge or (on a progressive
PROFESSIONAL DUTY No opportunity to scale of ten)
observe
AND THE LAW
1 2 3 4 5 6 7 8 9 10

Has identified and disclosed his relatives


in the government in the form, manner
and frequency prescribed by the Civil
Service Commission (Section 8[B], R.A.
6713)

Engages in the private practice of law


only under the following conditions:
First, the private practice is authorized by
the Constitution or by the law; and,
Second, the practice will not conflict, or
tend to conflict, with his/her official
functions as a public official or employee
(Query of Atty. Karen Silverio-Buffe
xxx, 596 SCRA 378; 2009)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ________ ________ _________
SCORE

Total number of points you had no


knowledge of or had no opportunity
observe ___________
_________________________________ _____________________
TOTAL SCORE FOR
COMPLIANCE WITH
PROFESSIONAL DUTY AND
Total number of points you observed ____________ THE LAW
43

SCORE SHEET FOR PROSECUTORS

PROFESSIONAL QUALITIES SCORE

INTEGRITY

IMPARTIALITY

INDEPENDENCE

PROFESSIONAL COMPETENCE AND PERFORMANCE

PROFESSIONAL ATTITUDE, BEHAVIOR AND DEMEANOR

ADMINISTRATIVE ABILITY AND EFFICIENCY

EXTRAJUDICIAL CONDUCT

COMPLIANCE WITH THE LAW AND PROFESSIONAL DUTY

TOTAL SCORE

TOTAL NUMBER OF POINTS OBSERVED

TOTAL NUMBER OF POINTS UNOBSERVED OR UNKNOWN


44

COURT OBSERVATION AND EVALUATION


CHECKLIST FOR LAWYERS

Name of Lawyer: Atty. ________________________________

Case Title: ________________ Case No. __________________

Court: ____________________ Branch: ____ Division:_______ ____________


Average Rating
Province/City: ____________ Date: ____________________ (Do not fill up)

Name of Observer: ___________________________ Signature: ________________________

Name of Organization: __________________________________________________________

Name of Supervisor: __________________________ Initial:___________________________

No knowledge
or No RATING
INTEGRITY opportunity to (on a progressive scale of ten)
observe
1 2 3 4 5 6 7 8 9 10

Does not engage in unlawful, dishonest,


immoral or deceitful conduct (Rule 1.01,
Canon 1, Code of Professional
Responsibility)

Does not do any falsehood, nor consent to


the doing of any in Court (Rule 10.01,
Canon 10, Ibid.)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe _________ _________ _________
SCORE
45

No knowledge
or No RATING
INTEGRITY opportunity to (on a progressive scale of ten)
observe
1 2 3 4 5 6 7 8 9 10

Does not counsel or abet activities aimed at


defiance of the law or at lessening
confidence in the legal system (Rule 1.02,
Canon 1, Ibid.)

Does not, for any corrupt motive or


interest, encourage any suit or proceeding
or delay any man’s cause (Rule 1.03,
Canon 1, Ibid.)

Upholds at all times the integrity and


dignity of the legal profession and supports
the activities of the Integrated Bar (Canon
7, Code of Professional Responsibility)

Does not knowingly make a false statement


or suppress a material fact in connection
with his application for admission to the
bar (Rule 7.01, Canon 7, Ibid.)

Relies upon the merits of his cause and


refrains from any impropriety which tends
to influence, or gives the appearance of
influencing the Court (Canon 13, Ibid.)

Does not extend extraordinary attention or


hospitality to, nor seek opportunity for
cultivating familiarity with Judges (Rule
13.01, Canon 13, Ibid.)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ________ __________ _________
SCORE
46

No knowledge
or No RATING
INTEGRITY opportunity to (on a progressive scale of ten)
observe
1 2 3 4 5 6 7 8 9 10

Does not state or imply that he is able to


influence any public official, tribunal or
legislative body (Rule 15.06. Canon 15,
Ibid.)

Impresses upon his client compliance with


the laws and principles of fairness (Rule
15.07, Canon 15, Ibid.)

Makes clear to his client whether he is


acting as a lawyer or in another capacity
if he is engaged in another profession or
occupation concurrently with the practice of
law (Rule 15.08, Canon 15, Ibid.)

Owes fidelity to the cause of his client and


is mindful of the trust and confidence
reposed in him (Canon 17, Ibid.)

Represents his client with zeal within the


bounds of the law (Canon 19, Ibid.)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe. ________ ________ _________
SCORE
47

No knowledge
or No RATING
INTEGRITY opportunity to (on a progressive scale of ten)
observe
1 2 3 4 5 6 7 8 9 10

Does not, to the disadvantage of his client,


use information acquired in the course of
employment, or 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
21.02, Canon 21, Ibid.)

Does 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 similar
purpose (Rule 21.03, Canon 21, Ibid.)

Promptly accounts for all the funds


received from, or held by him for, the
client, mindful of the fact that his lien for
his attorney’s fees on the money in his
hands collected for his client, does not
relieve him from the obligation to make a
prompt accounting. (Yu vs. Tajanlangit,
580 SCRA 1; 2009)

Avoids using a check which is drawn


against insufficient funds, as this
constitutes deceitful conduct or conduct
unbecoming of an officer of the court.
(Santos-Tan vs. Robiso, 582 SCRA 556;
2009)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ________ ________ _________
SCORE
48

No knowledge
or No RATING
INTEGRITY opportunity to (on a progressive scale of ten)
observe
1 2 3 4 5 6 7 8 9 10

Acts and comports himself in a manner that


promotes public confidence in the integrity
of the legal profession, which confidence
may be eroded by the irresponsible and
improper conduct of a member of the bar.
(Foodsphere, Inc. vs. Mauricio, Jr., 593
SCRA 367; 2009)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe __________ _________ __________
SCORE

Total number of points you had no


knowledge of or had no opportunity
observe ___________
___________________________________
_____________________
TOTAL SCORE FOR
Total number of points you observed ____________ INTEGRITY
49

No knowledge
or No RATING
IMPARTIALITY opportunity to (on a progressive scale of ten)
observe
1 2 3 4 5 6 7 8 9 10

Does not decline to represent a person


because of his own opinion regarding the
guilt of that person (Rule 14.01. Canon 14,
Code of Professional Responsibility)

Acts as a mediator, conciliator or arbitrator


in settling disputes with the written consent
of all concerned (Rule 15.04, Canon 15,
Ibid.)

Gives proper advice and assistance,


without fear or favor, to those seeking relief
against unfaithful or neglectful counsel
(Rule 8.02, Canon 8, Ibid)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe _________ ________ _________
SCORE
50

No knowledge
or No
IMPARTIALITY opportunity to RATING
observe (on a progressive scale of ten)

1 2 3 4 5 6 7 8 9 10

Does not decline to represent a person solely


on account of race, sex, creed or status of
life of that person (Rule 14.01, Canon 14,
Ibid.)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe _________ ________ _________
SCORE

Total number of points you had no


knowledge of or had no opportunity
observe ___________
___________________________________
_____________________
TOTAL SCORE FOR
____________
Total number of points you observed IMPARTIALITY
51

No knowledge
or No RATING
INDEPENDENCE opportunity to (on a progressive scale of ten)
observe
1 2 3 4 5 6 7 8 9 10

Does not allow his client to dictate the


procedure on handling the case (Rule 19.03,
Canon 19, Ibid.)

Does not brook or invite interference by


another branch or agency of the
government in the normal course of judicial
proceedings (Rule 13.03, Canon 13, Code of
Professional Responsibility)

Makes his legal services available in an


efficient and convenient manner compatible
with the independence, integrity and
effectiveness of the profession (Canon 2,
Ibid.)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe _________ ________ _________
SCORE

Total number of points you had no


knowledge of or had no opportunity
observe __________
_____________________________________
_____________________
TOTAL SCORE FOR
Total number of points you observed ___________ INDEPENDENCE
52

No knowledge
or No RATING
PROFESSIONAL COMPETENCE opportunity to (on a progressive scale of ten)
AND PERFORMANCE observe
1 2 3 4 5 6 7 8 9 10

Does not appear for trial unless he has


adequately prepared himself on the law and
the facts of his case, the evidence he will
adduce and the order of its preferences (Rule
12.01, Canon 12, Ibid.)

Keeps abreast of legal developments (Canon


5, Code of Professional Responsibility)

Conducts himself with courtesy, fairness and


candor towards his professional colleagues
and avoid harassing tactics against opposing
counsel (Canon 8, Ibid.)

Does not, in his professional dealings, use


language which is abusive, offensive or
otherwise improper (Rule 8.01, Canon 8,
Ibid.)

Does not delegate to any unqualified person


the performance of any task which by law
may only be performed by a member of the
Bar in good standing (Rule 9.01, Canon 9,
Ibid.)

Does not mislead or allow the Court to be


misled by any artifice (Rule 10.01, Canon 10,
Ibid.)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe __________ ________ _________
SCORE
53

No knowledge
or No RATING
PROFESSIONAL COMPETENCE opportunity to (on a progressive scale of ten)
AND PERFORMANCE observe
1 2 3 4 5 6 7 8 9 10

Does not knowingly misquote or


misrepresent the contents of any paper, the
language or the argument of opposing
counsel, or the text of a decision or authority
(Rule 10.02, Canon 10, Ibid.)

Does not knowingly cite as law a provision


already rendered inoperative by repeal or
amendment (Rule 10.02, Canon 10, Ibid.)

Does not knowingly assert as a fact that


which has not been proven (Rule 10.02,
Canon 10, Ibid.)

Observes the rules of procedure and does not


misuse them to defeat the ends of justice (Rule
10.03, Canon 10, Ibid.)

Appears in Court properly attired (Rule


11.01, Canon 11, Ibid.)

Punctually appears at Court hearings (Rule


11.02, Canon 11, Ibid.)

Does not attribute to a Judge motives not


supported by the record or have no materiality
to the case (Rule 11.04, Canon 11, Ibid.)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe __________ _________ _________
SCORE
54

No knowledge
or No RATING
PROFESSIONAL COMPETENCE opportunity to (on a progressive scale of ten)
AND PERFORMANCE observe
1 2 3 4 5 6 7 8 9 10

Always ready with the original documents for


comparison with the copies (Rule 12.01,
Canon 12, Ibid.)

Does not file multiple actions arising from the


same cause (Rule 12.02, Canon 12, Ibid.)

Does not, after obtaining extensions of time to


file pleadings, memoranda or briefs, let the
period lapse without submitting the same or
offering an explanation for his failure to do so
(Rule 12.03, Canon 12, Ibid.)

Does not unduly delay a case, impede the


execution of a judgment or misuse Court
processes (Rule 12.04, Canon 12, Ibid.)

Refrains from talking to his witness during a


break or recess in the trial, while the witness is
still under examination (Rule 12.05, Canon 12,
Ibid.)

Does not knowingly assist a witness to


misrepresent himself or to impersonate
another (Rule 12.06, Canon 12, Ibid.)

Does not abuse, browbeat or harass a


witness nor needlessly inconvenience him
(Rule 12.07, Canon 12, Ibid.)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ___________ ________ _________
SCORE
55

No knowledge
or No RATING
PROFESSIONAL COMPETENCE opportunity to (on a progressive scale of ten)
AND PERFORMANCE observe
1 2 3 4 5 6 7 8 9 10

Avoids testifying in behalf of his client,


except on formal matters (such as mailing,
authentication or custody of an instrument and
the like), or on substantial matters, in cases
where his testimony is essential to the ends of
justice (Rule 12.08, Canon 12, Ibid.)

Entrusts the trial of the case to another


lawyer during his testimony, in the event that
he testifies on substantial matters for his client
as excepted above (Rule 12.08, Canon 12,
Ibid.)

Serves his client with competence and


diligence (Canon 18, Ibid.)

Does not undertake a legal service which he


knows or should know that he is not qualified
to render (Rule 18.01, Canon 18, Ibid.)

Undertakes to render legal service which he is


not qualified to give only if, with the consent
of his client, he can obtain as collaborating
counsel a lawyer who is competent on the
matter (Rule 18.01, Canon 18, Ibid.)

Does not handle any legal matter without


adequate preparation (Rule 18.02, Canon 18,
Ibid.)

Does not neglect a legal matter entrusted to


him (Rule 18.03, Canon 18, Ibid.)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ___________ ________ _________
SCORE
56

No knowledge
or No RATING
PROFESSIONAL COMPETENCE opportunity to (on a progressive scale of ten)
AND PERFORMANCE observe
1 2 3 4 5 6 7 8 9 10

Does not present, participate in presenting or


threaten to present unfounded criminal
charges to obtain an improper advantage in
any case or proceeding (Rule 19.01, Canon 19,
Ibid.)

Promptly calls upon the client to rectify a


fraud perpetrated by his client upon a person
or tribunal, in the course of the representation
(Rule 19.02, Canon 19, Ibid.)

Terminates his relationship with the client in


accordance with the Rules of Court if the latter
fails to rectify said fraud (Rule 19.02, Canon
19, Ibid.)

Does 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; and,
c. When necessary to collect his
fees or to defend himself, his
employees or associates or by
judicial action (Rule 21.01, Canon
21, Ibid.)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ________ ________ _________
SCORE
57

No knowledge
or No RATING
PROFESSIONAL COMPETENCE opportunity to (on a progressive scale of ten)
AND PERFORMANCE observe
1 2 3 4 5 6 7 8 9 10

May disclose, unless prohibited by the client,


the affairs of a client of the firm to partners
or associates thereof (Rule 21.04, Canon 21,
Ibid.)

Withdraws his services only for good cause


and upon notice appropriate in the
circumstances (Canon 22, Ibid.) (Note:
Grounds constituting good cause are
enumerated under Rule 22.01, Canon 22,
Ibid.).

Gives his full attention, diligence, skill and


competence to the case of his client,
regardless of its importance and whether he
accepts it for a fee or for free (Plus Builders,
Inc. vs. Revilla, Jr., 578 SCRA 431, 2009)

Employs every honorable means to secure for


his client what is justly due the client or
presents every possible defense provided by
law to enable the client’s cause to succeed
(Plus Builders, Inc. vs. Revilla, 578 SCRA
431, 2009)

Avoids buck-passing by attributing to the


handling attorney his failure to file the appeal
brief (Bachrach Corporation vs. Philippine
Ports Authority, 580 SCRA 659, 2009)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ___________ ________ _________
SCORE
58

No knowledge
or No RATING
PROFESSIONAL COMPETENCE opportunity to (on a progressive scale of ten)
AND PERFORMANCE observe
1 2 3 4 5 6 7 8 9 10

Does not take undue advantage of the non-


appearance of opposing party at pretrial by
invoking the right to speedy trial when there is
no intention on the part of opposing counsel to
delay the case, bearing in mind that the rules
should be liberally construed to assist the
parties not only to obtain speedy, but more
importantly, just and inexpensive
determination of every action and proceeding
(Anson Trade Center, Inc. vs. Pacific Banking
Corporation, 581 SCRA 751, 2009)

Properly represents his client in court, attend


scheduled hearings, prepares and files
required pleadings, prosecutes the cases
entrusted to his care with reasonable dispatch,
and urges their termination without waiting
for his client or the court to prod him to do so
(Overgaard vs. Valdez, 582 SCRA 567, 2009)

Does not simply disappear and abandon his


client on the convenient excuse that he had to
make himself scarce due to threats to his life
and safety (Overgaard vs. Valdez, 582 SCRA
567, 2009)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ___________ _________ _________
SCORE
59

No knowledge
or No RATING
PROFESSIONAL COMPETENCE opportunity to (on a progressive scale of ten)
AND PERFORMANCE observe
1 2 3 4 5 6 7 8 9 10

Refrains from using offensive and abusive


language (Language abounds with countless
possibilities for one to be emphatic but
respectful, convincing but not derogatory,
illuminating but not offensive.) (Foodsphere,
Inc. vs. Mauricio, Jr., 593 SCRA 367, 2009)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ___________ _________ _________
SCORE

Total number of points you had no


knowledge of or had no opportunity
observe __________
_____________________________________ _____________________
TOTAL SCORE FOR
PROFESSIONAL
COMPETENCE AND
Total number of points you observed ___________ PERFORMANCE
60

No knowledge
or No RATING
PROFESSIONAL ATTITUDE, opportunity to (on a progressive scale of ten)
BEHAVIOR AND DEMEANOR observe
1 2 3 4 5 6 7 8 9 10

Does not engage in conduct that adversely


reflects on his fitness to practice law or
behave, whether in public or private life, in a
scandalous manner to the discredit of the legal
profession (Rule 7.03, Canon 7, Ibid.)

Owes candor, fairness and good faith to the


Court (Canon 10, Ibid.)

Observes and maintains the respect due to the


Courts and to judicial officers and should
insist on similar conduct by others (Canon 11,
Ibid.)

Owes full devotion to the interest of his


client, warm zeal in the maintenance and
defense of his client’s rights and the exertion
of his utmost learning, skill and ability to
ensure that nothing shall be taken or withheld
from his client, save by the rules of law legally
applied (Belleza vs. Macasa, 593 SCRA 549,
2009)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ___________ _________ _________
SCORE

Total number of points you had no


knowledge of or had no opportunity
observe __________
_____________________________________ _____________________
TOTAL SCORE FOR
PROFESSIONAL
Total number of points you observed ___________ ATTITUDE, BEHAVIOR
AND DEMEANOR
61

No knowledge
or No RATING
ADMINISTRATIVE ABILITY opportunity to (on a progressive scale of ten)
AND EFFICIENCY observe
1 2 3 4 5 6 7 8 9 10

Holds in trust all moneys and properties of


his client that may come in his possession
(Canon 16, Ibid.)

Accounts for all money or property collected


or received for or from the client (Rule 16.01,
Canon 16, Ibid.)

Keeps the funds of each client separate and


apart from his own and those of others kept by
him (Rule 16.02, Canon 16, Ibid.)

Delivers the funds and property of his client


when due or upon demand (Rule 16.03, Canon
16, Ibid.)

Promptly gives notice to his client of his lien


when he applies so much of the funds of his
client to satisfy his lawful fees and
disbursements (Rule 16.03, Canon 16, Ibid.)

Does not borrow money from his client


unless the client’s interests are fully protected
by the nature of the case or by independent
advice (Rule 16.04, Canon 16, Ibid.)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ___________ ________ _________
SCORE
62

No knowledge
or No RATING
ADMINISTRATIVE ABILITY opportunity to (on a progressive scale of ten)
AND EFFICIENCY observe
1 2 3 4 5 6 7 8 9 10

Does not lend money to his client except,


when in the interest of justice, he has to
advance necessary expenses in a legal matter
he is handling for the client (Rule 16.04,
Canon 16, Ibid.)

Keeps the client informed of the status of his


case and responds within a reasonable time to
the client’s request for information (Rule
18.04, Canon 18, Ibid.)

Charges only fair and reasonable fees Canon


20, Ibid.)

Determines his fees guided by the following


factors:

a) Time spent and the extent of the


services;

b) Novelty and difficulty of the


questions involved;
c) Importance of the subject matter;
d) Skill demanded;
e) Probability of losing other
employment;

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ___________ _________ _________
SCORE
63

No knowledge
or No RATING
ADMINISTRATIVE ABILITY opportunity to (on a progressive scale of ten)
AND EFFICIENCY observe
1 2 3 4 5 6 7 8 9 10

f) Customary charges and IBP


schedule of fees;
g) Amount involved and benefits to
the client;
h) Contingency or certainty of
compensation;
i) Character of the employment,
whether occasional or established;
and,
j) Professional standing of the
lawyer (Rule 20.01, Canon 20,
Ibid.)

Divides fees in cases of referral, with the


consent of the client, in proportion to work
performed and responsibility assumed (Rule
20.02, Canon 20, Ibid.)

Avoids controversies with clients concerning


his compensation and resorts to judicial action
only to prevent imposition, injustice or fraud
(Rule 20.04, Canon 20, Ibid.)

Adopts such measures as may be required to


prevent those whose services are utilized by
him, from disclosing or using confidences or
secrets of the client (Rule 21.05, Canon 21,
Ibid.)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ___________ _________ _________
SCORE
64

No knowledge
or No RATING
ADMINISTRATIVE ABILITY opportunity to (on a progressive scale of ten)
AND EFFICIENCY observe
1 2 3 4 5 6 7 8 9 10

Turns over immediately, subject to his


retainer’s lien, upon his withdrawal or
discharge, all papers and property to which
the client is entitled, and cooperates with his
successor in the orderly transfer of the matter,
including all information necessary for the
proper handling of the matter (Rule 22.02,
Canon 22, Ibid.)

Adopts a system whereby he would be able to


receive mail sent to his office during his
absence, even assuming that circumstances
would justify his abrupt abandonment of his
ffice (Overgaard vs. Valdez, 582 SCRA 567,
2009)

Informs his client timely and adequately of


important developments affecting the case of
his client (Carandang vs, Obmina, 586 SCRA
82, 2009) (Uy vs. Tansinsin, 593 SCRA 296,
2009)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ___________ ________ _________
SCORE
65

No knowledge
or No RATING
ADMINISTRATIVE ABILITY opportunity to (on a progressive scale of ten)
AND EFFICIENCY observe
1 2 3 4 5 6 7 8 9 10

Accounts for the money or property


collected or received for or from his client
(Belleza vs. Macasa, 593 SCRA 549, 2009)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ___________ _________ _________
SCORE

Total number of points you had no


knowledge of our had no opportunity
observe ___________
_____________________________________
_____________________
TOTAL SCORE FOR
Total number of points you observed ___________ ADMINISTRATIVE
ABILITY AND EFICIENCY
66

No knowledge
or No RATING
EXTRAJUDICIAL CONDUCT opportunity to (on a progressive scale of ten)
observe
1 2 3 4 5 6 7 8 9 10

Does not, directly or indirectly, encroach upon


the professional employment of another
lawyer (Rule 8.02, Canon 8, Ibid.)

Does not pay or give anything of value to


representatives of mass media in anticipation
of or in return for, publicity to attract legal
business (Rule 3.04, Canon 3, Ibid.)

Refrains from making public statements in


the media regarding a pending case tending to
arouse public opinion for or against a party
(Rule 13.02, Canon 13, Ibid.)

Avoids indiscreet conversation about a


client’s affairs even with members of his
family (Rule 21.06, Canon 21, Ibid.)

Does not do or permit to be done any act


designed primarily to solicit legal business
(Rule 2.03, Canon 2, Ibid.)

Does not charge rates lower than those


customarily prescribed unless the
circumstances so warrant (Rule 2.04, Canon 2,
Ibid.)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ___________ ________ _________
SCORE
67

No knowledge
or No RATING
EXTRAJUDICIAL CONDUCT opportunity to (on a progressive scale of ten)
observe
1 2 3 4 5 6 7 8 9 10

Does not use or permit the use of any false,


fraudulent, misleading, deceptive, undignified,
self-laudatory or unfair statement or claim
regarding his qualifications or legal services
(Rule 3.01, Canon 3, Ibid.)

Does not use in the choice of a firm name, any


false, misleading or assumed name; and, if the
name of a deceased partner is continued to be
used, the firm indicates in all its
communications that said partner is deceased
(Rule 3.02, Canon 3, Ibid.)

Uses only true, honest, dignified and objective


information or statement of facts in making
known his legal services (Canon 3, Ibid.)

Does not reveal that he has been consulted


about a particular case except to avoid
possible conflict of interest (Rule 21.07, Canon
21, Ibid.)

Does not, even in his private capacity, demand


excessive payments from his borrowers,
filling up his borrowers blank checks with
fictitious amounts, falsifying commercial
documents for his material gain, and then
using said checks as bases for filing
unfounded criminal suits against his
borrowers in order to harass them (Mendoza
vs. Diciembre, 580 SCRA 26, 2009)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ___________ _________ _________
SCORE
68

No knowledge
or No RATING
EXTRAJUDICIAL CONDUCT opportunity to (on a progressive scale of ten)
observe
1 2 3 4 5 6 7 8 9 10

Refrains from making public statements in


the media regarding a pending case tending
to arouse public opinion for or against a party
(Foodsphere, Inc. vs. Mauricio, Jr., 593 SCRA
367, 2009)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ___________ _________ _________
SCORE

Total number of points you had no


knowledge of our had no opportunity
observe ___________
_____________________
TOTAL SCORE FOR
EXTRAJUDICIAL
Total number of points you observed ___________ CONDUCT
69

No knowledge
COMPLIANCE WITH or No RATING
PROFESSIONAL DUTY opportunity to (on a progressive scale of ten)
AND THE LAW observe
1 2 3 4 5 6 7 8 9 10

Upholds the Constitution, obeys the laws of


the land and promotes respect for the law
and legal processes (Canon 1, Code of
Professional Responsibility)

Encourages his clients to avoid, end or settle a


controversy if it will admit of a fair
settlement (Rule 1.04, Canon 1, Ibid.)

Does not reject, except for valid reasons, the


cause of the defenseless or the oppressed
(Rule 2.01, Canon 2, Ibid.)

Does not refuse to render legal advice to such


person concerned (the defenseless or the
oppressed, even if he does not accept the case)
if only to the extent necessary to safeguard the
latter’s rights (Rule 2.02, Canon 2, Ibid.)

Withdraws from the law firm of which he is


a partner and drops his name from the law firm
if he accepts public office, unless the law
allows him to practice law concurrently (Rule
3.03, Canon 3, Ibid.)

Participates in the development of the legal


system by initiating or supporting efforts in
law reform and in the improvement of the
administration of justice (Canon 4, Ibid.)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ___________ _________ _________
SCORE
70

No knowledge
COMPLIANCE WITH or No RATING
PROFESSIONAL DUTY opportunity to (on a progressive scale of ten)
AND THE LAW observe
1 2 3 4 5 6 7 8 9 10

Participates in continuing legal programs


(Canon 5, Ibid.)

Assists in disseminating information


regarding law and jurisprudence (Canon 5,
Ibid.)

Does not support the application for admission


to the bar of any person known by him to be
unqualified in respect to character, education
or other relevant attribute (Rule 7.02, Canon 7,
Ibid.)

Does not, directly or indirectly, assist in the


unauthorized practice of law (Canon 9, Ibid.)

Does not divide or stipulate to divide a fee for


legal services with persons not licensed to
practice law, except in the instances allowed
by the rules, such as, when there is a pre-
existing agreement on posthumous sharing,
when he undertakes to complete unfinished
legal business, or when non-lawyer employees
are included in a retirement plan (Rule 9.02,
Canon 9, Ibid.)

Submits grievances against a Judge to the


proper authorities only (Rule 11.05 Canon 11,
Ibid.)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ___________ _________ _________
SCORE
71

No knowledge
COMPLIANCE WITH or No RATING
PROFESSIONAL DUTY opportunity to (on a progressive scale of ten)
AND THE LAW observe
1 2 3 4 5 6 7 8 9 10

Exerts every effort and considers it his duty to


assist in the speedy and efficient
administration of justice (Canon 12, Ibid.)

Does not refuse his services to the needy


(Canon 14, Ibid.)

Does not decline, except for serious and


sufficient cause, an appointment as counsel
de oficio or as amicus curiae (Rule 14.02,
Canon 14, Ibid.)

Does not decline a request of the Integrated


Bar of the Philippines or any of its chapters for
rendition of free legal aid (Rule 14.02, Canon
14, Ibid.)

Does not refuse to accept representation of an


indigent client unless he is in no position to
carry out the work effectively or competently
or because of conflict of interest (Rule 14.03,
Canon 14, Ibid.)

Observes the same standard of conduct


governing his relations with paying clients
when he accepts the cause of a person unable
to pay his professional fees (Rule 14.04,
Canon 14, Ibid.)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ____________ _________ _________
SCORE
72

No knowledge
COMPLIANCE WITH or No RATING
PROFESSIONAL DUTY opportunity to (on a progressive scale of ten)
AND THE LAW observe
1 2 3 4 5 6 7 8 9 10

Observes candor, fairness and loyalty in all


dealings and transactions with his clients
(Canon 15, Ibid.)

Ascertains as soon as possible, in conferring


with a prospective client, whether the matter
would involve a conflict of interest with
another client or his own interest, and if so,
informs forthwith the prospective client (Rule
15.01, Canon 15, Ibid.)

Binds himself to the rule on privileged


communication in respect of matters disclosed
to him by a prospective client (Rule 15.02,
Canon 15, Ibid.)

Does not represent conflicting interests except


by written consent of all concerned given after
a full disclosure of the facts (Rule 15.03,
Canon 15, Ibid.)

Gives a candid and honest opinion on the


merits and probable results of the client’s
case when advising his client, neither
overstating nor understating the prospects of
the case (Rule 15.05, Canon 15, Ibid.)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ____________ _________ _________
SCORE
73

No knowledge
COMPLIANCE WITH or No RATING
PROFESSIONAL DUTY opportunity to (on a progressive scale of ten)
AND THE LAW observe
1 2 3 4 5 6 7 8 9 10

Preserves the confidence and secrets of his


client even after the attorney-client relation is
terminated (Canon 21, Ibid.)

Upholds the law to which he is most sacredly


bound as a lawyer (Re: 2003 Bar
Examinations, Atty. Danilo de Guzman, 586
SCRA 372, 2009)

Number of points you Number of


had no knowledge of points you
or had no opportunity observed
to observe ___________ _________ _________
SCORE

Total number of points you had no


knowledge of or had no opportunity
observe __________
_____________________
TOTAL SCORE FOR
COMPLIANCE WITH
Total number of points you observed ___________ PROFESSIONAL DUTY AND
THE LAW
74

SCORE SHEET FOR LAWYERS

PROFESSIONAL QUALITIES SCORE

INTEGRITY

IMPARTIALITY

INDEPENDENCE

PROFESSIONAL COMPETENCE AND PERFORMANCE

PROFESSIONAL ATTITUDE, BEHAVIOR AND DEMEANOR

ADMINISTRATIVE ABILITY AND EFFICIENCY

EXTRAJUDICIAL CONDUCT

COMPLIANCE WITH THE LAW AND PROFESSIONAL DUTY

TOTAL SCORE

TOTAL NUMBER OF POINTS OBSERVED

TOTAL NUMBER OF POINTS UNOBSERVED OR UNKNOWN


75

INDEX

-A- administrators, excessive compensation to – CJ-7

ability to influence public official, tribunal or admission to the Bar, application for – CL-45
legislative body – CL-46

ability, exertion of – CL-60 admission to the Bar, unqualified applicants for –


CL-70

abusing a witness, avoids – CL-54 advice and assistance, gives proper – CL-49

abusive, offensive or improper language – CL-52; affairs of client, disclosure to associates about –
CP-32 CL-57

accounting, obligation to make – CL-47 amicus curiae –appointment as – CL-71

acting as lawyer – CL-46 amount involved, fees determined by –CL-63

acting in another professional capacity – CL-46 appellate proceedings, does not waste time on –
CJ-12

activities, extrajudicial – CJ-17 application for admission to the Bar, suppression of


material fact in– CP-22

acts contrary to law, refrains from doing – CP-38 application for admission to the Bar by an
unqualified person – CP-40

adequate service to the public – CP-35 arousing public opinion – CP-38

administration of justice, duty to assist in the speedy arraignment, complies with period of – CJ-8
and efficient - CP-29

administration of justice, supports efforts in the – assets, files statement statements of – CJ-20
CL-69

administrative functions, performance of – CJ-18 assets, liabilities and net worth; statement of – CP-41

administrative responsibilities, diligent discharge of – assistance, gives proper – CL-49


CJ-13

administrator, serving as – CJ-2 attention, diligence, skill and competence; gives full
– CL-57
76

attentiveness to lawyers, litigants and witnesses – business – CJ-16


CJ-9

attire, appears in proper – CL-53; CP-32 business – prompt and effective dispatch of – CJ-15

attitude, courts are made for litigant –CJ-12 business advisor, serving as – CJ-16

attitude, detached from appealed case – CJ-12 business director, serving as –CJ-16

authorized signatories on papers and documents, not business employee, serving as – CJ-16
more than three – CP-36

business interest, opposed to official duty – CP-26

-B- business manager, serving as – CJ-16

Bar, application for admission to the– CP-22; CP-40 business officer, serving as – CJ-16

Bar, unqualified person’s application for admission to


the – CP-40

behavior, as an individual – CJ-16 -C-

behavior, outside the courtroom – CJ-16 candor to professional colleagues – CL-52

behavior, promotes court’s integrity and impartiality – candor, fairness and good faith to the Court – CL-60;
CJ-12 CP-32

behavior, scandalous – CL-60; CP-33 candor, fairness and loyalty to client – CL-72

bequest, refusal to accept –CJ-2 case status, keeps client informed of – CL-62

borrowing money from client, avoids – CL-61 case, decides with dispatch – CJ-9

browbeating a witness, avoids – CL-54; CP-30 case, failing to do anything about – CJ-9

buck-passing, avoids – CL-57 case, failure to decide promptly –CJ-14


77

cases, decides within required period – CJ-6 competence, gives full – CL-57

cases, inventory of – CJ-14 competence, professional – CJ-6

character of employment, fees determined by – CL-63 compliance with the law, impresses upon client –
CL-46

charity, soliciting for – CJ-2 conduct unbecoming of an officer, drawing a check


against insufficient funds is – CL-47

check drawn against insufficient funds – CL-47 conduct, above suspicion – CJ-16

citing as law repealed or amended provisions – CL-53 conduct, fitness to practice law – CL-60

classified information, does not divulge – CP-41 conduct, undermines fitness to practice law – CP-33

client’s affairs, indiscreet conversational about – conduct; unlawful, dishonest, immoral or deceitful –
CL-66 CL-44

client’s funds and property, delivers upon demand – conduct, unprofessional (of lawyers and court
CL-61 personnel) – CJ-13

client’s money and properties, holds in trust – CL-61 conduct, proper – CJ-16

client’s money and property, accounts for—CL-61 confidences and secrets of client, after relationship is
terminated – CL-73

client’s request for information, responds to – CL-62 confidences or secrets of client; exceptions –
disclosure of – CL-56

client’s rights – zeal in defense of – CL-60 confidences or secrets of client, prevents disclosure
of – CL-63

collaborating counsel, competent – CL-55 confidences or secrets of client, does not reveal –
CL-56; CL-73

commissioners, excessive compensation to – CJ-7 confidential document, leaking of internal – CJ-18

compensation, controversies with client concerning – confidential or classified information, does not
CL-63 divulge – CP-41

competence and diligence, serves client with – CL-55 conflict of interest; due to his being a board member,
officer, stockholder or partner—CP-26
78

conflict of interest, informs prospective client about – court personnel, supervision of – CJ-15
CL-72

conflicting interests, does not represent – CL-72 court personnel, appointment of (based on merit and
qualifications) – CJ-14

Constitution, upholds the – CL-69; CP-41 Court processes, does not misuse – CL-54

consultations and hearings, openness of – CP-35 court processes, misuse of – CP-30

consultation about a case, does not reveal– CL-67 Court, influencing the – CL-45

contingency or certainty of compensation, fees Court, respect due to the – CL-60


determined by – CL-63

continuance, based on false statement – CP-31 courteous service to the public – CP-35

continuance, denies motions for – CJ-8 courtesy, fairness and candor to professional
colleagues – CL-52; CP-32

continuing legal programs, participates in – CL-70; courtesy, to lawyers, litigants and witnesses – CJ-9
CP-40

controversial tone in addressing counsel, litigants or creed, does not decline representation due to – CL-49
witnesses – CJ-10

controversies with client concerning compensation – criminal charges, does not present unfounded –
CL-63 CL-56

cordiality, conducive to industry – CJ-14 criminal suits, filing unfounded – CL-67

counsel de oficio – does not decline appointment as - criticism, fear of - CJ-5


CL-71

court business, disposes of –CJ-6 customary charges, fees determined by – CL-63

court management, competence in – CJ-13

court personnel, organized and supervised for business -D-


dispatch –CJ-13

court personnel, restrained from making public deal, financial – CJ-2; CJ-16
comments – CJ-13
79

deals, business – CJ-16 developments affecting client’s case – informs client


timely and adequately on – CL-64

deceased partner, using name of – CL-67 devotion to the interest of his client – CL-60

deceitful conduct –CL-44 dignity of the legal profession – CL-45

deceitful conduct – drawing a check against diligence of a good father of a family, in the use of
insufficient funds is – CL-47 public funds and property – CP-37

decorum, maintains proper – CJ-6 diligence, gives his full – CL-57

defense, presents every possible – CL-57 diligence, in the dispatch of business – CJ-7

defenseless or oppressed, does not reject the cause of disappearance or abandonment due to threats to his
the – CL-69 life – CL-58

defenseless or oppressed, renders legal advice to the – disciplinary measures, against lawyers and personnel
CL-69 – CJ-13

defiance of the law – CL-45 disclosure of client’s affairs to associates – CL-57

delay a case, does not unduly – CL-54 discrimination, against the poor and underprivileged
– CP-25

delay any man’s cause – CL-45 discrimination, against anyone – CP-25

delay, administers justice without – CJ-6 discrimination, due to party affiliation – CP-25

delay, filing motion solely for – CP-30 discrimination, due to preference – CP-25

delay, undue – CP-30 dishonest conduct – CL-44

delegation of professional tasks to unqualified person dispensers of undue patronage, public officials and
– CL-52 employees as – CP-33

democratic way of life and values, commits himself to display of learning, CJ-10
– CP-38

depressed rural and urban areas, understanding of disputes, settling of – CL-49


conditions in – CP-39
80

disqualification, immaterial – CJ-4 entrusting trial to another lawyer (if counsel testifies)
– CL-55

disqualification, insubstantial—CJ-4 evidence of the case, prepare on – CL-52

division of fee for legal services – CL-63 evidence, presentation of – CJ-6

division of fee with non-lawyers – CL-70 example, demoralizing to others – CJ-19

document to show assets, liabilities and net worth – example, for others – CJ-17
CP-41

document to show business and financial connections excellence, dedication and commitment to – CJ-14
– CP-41

documents, pores over all ( despite heavy caseload) – excellence, discharges duties with – CP-30
CJ-9

documents, ready with originals for comparison with execution of judgment, does not impede – CL-54
copies – CP-29

drunk, in public or festivities –CJ-17 executor, serving as – CJ-2

duties, performance of (subject to public scrutiny) – extension of time (to file pleadings, memoranda or
CP-31 briefs) – CP-29

extensions of time – CL-54

-E- extrajudicial activities – CJ-16

effectiveness of the legal profession – CL-50 extraordinary attention or hospitality to Judges –


CL-45; CP-38

employees, motivates his –CJ-14 extravagant display of wealth, does not indulge in –
CP-41

employment, in private enterprise – CP-23

engagement or employment on matters prosecutor -F-


intervened in – CP-40

entertainment, soliciting or accepting – CP-24 fact not proven – asserting a – CL-53


81

fact, not proven asserted as – CP-28 familiarity with Judges, cultivating – CL-45

factor, refusal to accept –CJ-2 familiarity with Judges, cultivating– CP-38

facts of the case – prepared on – CL-52 favor, soliciting or accepting – CP-23

facts, ascertains – CJ-6 favoritism, avoids – CJ-3

facts, clearly stated in judgment – CJ-7 fee for legal services, does not divide – CL-70

facts, suppression of – CP-21 fees and disbursements, lien for – CL-61

failure to decide cases – CJ-14 fees, fair and reasonable – CL-62

failure to proceed to trial, valid justification for – fees, division of – CL-63


CP-31

fairness to professional colleagues – CL-52 fees, factors that determine – CL-62

fairness to the Court – CL-60; CP-32 fidelity to the cause of his client – CL-46

fairness, principle of (impressed upon client) – CL-46 fiduciary, serving as – CJ-2

false statement, admission to the Bar – CL-45 financial deals – CJ-16

false statement, made to obtain a continuance – CP-31 financial disclosure – CJ-18

false statement, making of – CP-22 financial interest, in official transactions – CP-23

false statement, material to the granting of a firm name; use any false, misleading or assumed
continuance – CP-31 name– CL-67

falsehood, does not do or consent to – CL-44; CP-22 foreign intrusion, against Philippine sovereignty –
CP-27

falsification of commercial documents – CL-67 fraud perpetrated by client, calls client to rectify –
CL-56
82

free legal aid, does not decline IBP request for guardians, excessive compensation to – CJ-7
rendition of – CL-71

funds and property of client, delivered upon demand – gun, bringing out –CJ-10
CL-61

funds of each client, kept separate and apart – CL-61

funds of client - CL-47 -H-

harassing a witness – CL-54; CP-30

-G- harassing tactics against opposing counsel – CL-52;


CP-32

gift, refusal to accept – CJ-2 hasty conclusions – CJ-10

gift, soliciting or accepting – CP-24 hearings, attend scheduled – CL-58

good customs, refrains from doing acts contrary to – hearings, openness of – CP-35
CP-38

good faith to the Court – CL-60; CP-32 honesty, no doubt on his – CJ-1

good morals, refrains from doing acts contrary to – honorable means, employs every – CL-57
CP-38

goods, resources and technology; locally produced – hospitality to the Judge – CL-45
CP-40

government resources and powers, use of – CP-35

gratuitous utterances, CJ-10 -I-

gratuity, soliciting or accepting – CP-24 IBP schedule of fees, fees determined by – CL-63

grievances against a Judge, submitted to the proper immoral conduct – CL-44


authorities only – CL-70, CP-40

guardian, serving as –CJ-2 impartiality, confidence in his – CJ-4


83

importance of the subject matter, fees determined by injunction, ex-parte hearing on applications for –CJ-7
– CL-62

improper conduct – CL-48 inspection of public documents – CP-37

improper language, use of –CL-52 insufficient funds, check drawn against - CL-47

impropriety, avoids – CP-33 Integrated Bar, supports activities of – CL-45; CP-22

impropriety, refrains from – CL-45 integrity of the legal profession – CL-45; CL-48;
CL-50

independence, integrity and effectiveness of the legal intelligence, discharges duties with –CP-30
profession – CL-51

indigent client, does not refuse representation of an – intemperate language, CJ-10


CL-71

influence of any party – CJ-5 interest of client, devotion to the – CL-60

influencing the Court – CL-45; CP-33 interest, partisan – CJ-5

information acquired in the course of employment – interference – in evidence presentation – CJ-6


CL-47

information from his files, client’s consent needed for interference by another government branch or agency
disclosure of - CL-47 – CL-51; CP-27

information on office policies and procedures – CP-35 irresponsible and improper conduct – CL-48

information, disclosure of – CJ-2

information, responds to client’s request for – CL-62 -J-

infraction of the law, avoids the slightest – CJ-19 Judge, attributes motives to a – CL-53; CP-28

inhibition, for just and valid reasons—CJ-3 Judge, grievance against a – CP-40

inhibition, impartiality questioned –CJ-3 Judge, grievances against (submits them to proper
authorities only) – CL-70
84

Judges – cultivating familiarity with – CL-45 language, offensive and abusive – CL-59

Judges, administrative functions of other –CJ-13 Language; use of abusive, offensive or improper -
CL-52; CP-32

Judges, extraordinary attention or hospitality to – law and jurisprudence, assists in disseminating


CP-38 information regarding – CL-70; CP-38

Judges, familiarity with – CP-38 law reform, supports efforts in – CL-69

judgment, does not impede execution of – CP-30 law schools, supports high standards in – CP-38

Judgment, premature – CJ-10 law students, supports practical training of – CP-38

judicial function, responsibility for – CJ-15 law, ascertains applicable – CJ-6

judicial office, prestige of – CJ-1 law, clearly stated in judgment – CJ-7

judicial officers – respect due – CL-60; CP-32 law, facts and evidence of the case; prepared on –
CL-52

judicial temperament – CJ-12 law, upholds the – CL-73

judiciary, independence of – CJ-5 laws of the land, obeys the – CL-69

jurisprudence, abreast with – CJ -6 lawyering; for any party – CJ-4

just administration of the law, zealous regard for – leader and manager, strives to be a good – CJ-14
CJ-11

just and inexpensive determination of every action, learning, skill and ability; exertion of - CL-60
assists parties to obtain –CL-58

justness and sincerity, acts with – CP-25 legal business, soliciting – CL-66

legal advice to defenseless or oppressed – CL-69

-L- legal developments, abreast with – CL-52


85

legal principles, conversant with – CJ-6 loyalty to country, above loyalty to persons or party –
CP-27

legal profession; independence, integrity and loyalty to the Filipino people, maintains – CP-40
effectiveness of – CL-50

legal profession, integrity and dignity of – CL-45; loyalty to the Republic, maintains – CP-40
CP-22

legal services – does not undertake (if not qualified) –


CL-55

legal services, information or facts used in making -M-


known his – CL-67

legal services, made available – CL-50 mail, adopts system to receive (during his absence) –
CL-64

legal system, lessening confidence in the – CL-45 mass media representatives, does not pay or give
anything of value to – CL-66

legislative body, ability to influence any – CL-46 material fact, suppression of (in application for
admission to the Bar) – CL-45

lending money to client, avoids – CL-62 material interest (in official transactions) – CP-23

letters, telegrams and communications, responds to – merit, observes – CJ-3


CP-36

liabilities, files statement of – CJ-19 merits and probable results of client’s case, gives
candid opinion on – CL-72

lien for attorney’s fees – CL-47 merits of his cause, relies on – CL-45; CP-33

lien, notice of – CL-61 misleading the Court – CL-52

loan, refusal to accept – CJ-2 misleading the Court, does not do or allow – CP-28

loan, soliciting or accepting – CP-24 misquoting any argument or decision – CL-53

locally-produced goods, resources and technology – misquoting, (any decision, argument, language or
CP-40 paper) – CP-28

loose statements – CJ-10 modest life, leads a – CP-39


86

money and properties of client, holds in trust – CL-61 official papers and documents, not more than three
signatories on – CP-36

money and property of client, accounts for – CL-61; official papers and documents, processing and
CL-65 completion of – CP-36

motion, frivolous and without merit – CP-30 opinion of guilt, does not decline representation due
to – CL-49

multiple actions for same cause – CL-54 opinion, honest (about him) – CJ-17

-N- opinion, public –CJ-5

negligence – CL-55 order in court, maintains – CJ-6

nepotism, avoids – CJ-3 original documents, ready with (for comparison) –


CL-54

net worth, files statement of – CJ-19 ostentatious display of wealth, does not indulge in –
CP-41

neutrality, cold – CJ-3

non-appearance of opposing counsel – does not take -P-


advantage of – CL-58

notice of lien, to satisfy fees and disbursements – papers and properties of client, turns over – CL-64
CL-61

novelty and difficulty of questions involved, fees partisan interest – CJ-5


determined by – CL-62

partisan political activities, participating in – CJ-18

-O- party funds, contributing to –CJ-18

obscurity, clears up – CJ-6 patience (for lawyers, litigants and witnesses) –


CJ-9

offensive and abusive language, refrains from – CL-59 payments, does not demand excessive – CL-67

offensive language, use of – CL-52 peddlers of undue patronage – CP-33


87

performance of duties, subject to public scrutiny – presentation of evidence, interference in – CJ-6


CP-31

performance reports, renders and makes available – pressure, resists – CJ-5


CP-36

person unable to pay fees (lawyer observes same pretrial, considers all aspects of – CJ-7
standard as with paying clients) – CL-71

pleadings, prepares and files – CL-58 pride of country and people – CP-34

policy, rules and procedure (simplifying and primary duty (that justice is done) – CP-32
systemizing) – CP-35

political candidates, endorsement of – CJ-18 private enterprise, employment in – CP-23

political speeches, making of – CJ-18 Private enterprise; own, control or manage – CP-23

ponencia not yet promulgated, leaking of – CJ-18 private enterprise, recommending any person for
employment in - CP-23

poor and underprivileged, discrimination against – private interest, advancing his – CP-22
CP-25

position of any party – CJ-5 private interest (interferes with public duties) –
CP-22

postponement, denies motions for—CJ-8 private practice of law – CP-42

practice of law – desists from – CJ-18 privileged communication, binds himself to the rule
on – CL-72

practice of law, does not assist in the unauthorized – probability of losing other employment, fees
CL-70 determined by – CL-62

practice of other profession (conflicts with judicial procedure of handling case, does not allow client to
functions) – CJ-18 dictate – CL-51

premature judgment – CJ-10 professional employment of another lawyer, does not


encroach upon – CL-66

preparation on the law, facts and evidence of the case professional standing, fees determined by – CL-63
– CL-52; CP-29

preparation, does not handle any matter without professional tasks, delegation to unqualified person –
adequate – CL-55 CL-52
88

professionalism, discharges duties with – CP-30 public order, refrains from doing acts contrary to –
CP-38

prompt service to the public - CP-35 public policy, refrains from doing acts contrary to –
CP-38

proper attire, appears in – CL-53; CP-32 public safety, refrains from doing acts contrary to –
CP-38

property, borrowing (subject of case) – CJ-17 public scrutiny (on performance of duties) – CP-31

property, using (subject of case) – CJ-17 public service and fidelity, high standards of – CJ-13

public accountability, maintains principle of – CP-35 public statements regarding pending case, refrains
from making – CL-66; CP-38

public comments (on pending and impending cases) – public, service to the (courteous, prompt and
CJ-16 adequate) – CP-35

public documents, inspection of – CP-37 publicity to attract legal business, does not pay media
in return for – CL-66

public duties (interfered by his private interest) – publicity (for personal vainglory) – CJ-9
CP-22

public funds and property, diligence in the use of – punctually appears in Court – CL-53; CP-33
CP-37

public funds and revenues, avoids wastage of – CP-35

public information, consultations and hearings; -Q-


openness of – CP-35

public interest, over and above personal interest – qualifications or legal services, statements or claims
CP-23 about his – CL-67

public interest, refrains from doing acts contrary to –


CP-38 qualifications, observes – CJ-3

public official, ability to influence any – CL-46 quasi-judicial functions, performance of – CJ-18

public officials and employees, wrong perception on –


CP-33

public opinion for or against a party, making public -R-


statements to arouse – CL-68; CP-38
89

race, sex, creed or status of life (does not decline rules of procedure, observes – CL-53; CP-28
representation due to) – CL-50

rank of any party – CJ-5 ruling after thoughtful consideration – CJ-11

rates, does not charge lower – CL-66

receivers, excessive compensation to – CJ-7 -S-

receivership, ex-parte hearing on applications for – scandalous behavior – CL-60; CP-33


CJ-7

record management – CJ-15 secrets of client – does not reveal – CL-56

rectitude, symbol of– CJ-1 sensitive on honest opinion about him – CJ-17

red tape, avoids – CP-35 service to the public, adequate - CP- 35

relatives in government, identification and disclosure services to the needy, does not refuse – CL-71
of – CP-42

relatives, appointment of – CP-25 services, attends immediately to anyone availing of


his –CP-37

relatives, undue favors to – CP-25 services, prompt and expeditious – CP-37

repealed or amended law, citing as law – CP-28 settlement, encourages fair – CL-69

repealed or amended provisions, citing as law – CL-53 sex, does not decline representation due to – CL-49

respect due to the Court and judicial officers – CL-60; side remarks – CJ-10
CP-32

results of client’s case, gives honest opinion on signatories on papers and documents – CP-36
probable – CL-72

rights of others, respect for – CP-34 sincerity, acts with – CP-25

rights of parties, respect for – CJ-11 skill demanded, fees determined by – CL-62
90

skill, discharges duties with –CP-30 -T-

skill, exertion of – CL-60 talking to his witness – CL-54; CP-33

skill, gives his full – CL-57 termination of case, urges – CL-58

sobriety and self-restraint –CJ-12 termination of relationship, if client fails to rectify


fraud – CL-56

socio-economic conditions, develops understanding of testifying for his client – CL-55


– CP-39

soliciting legal business – CL-66 thin skinned, on honest opinion about him – CJ-17

sovereignty, Philippine – CP-27 threats to his life, disappears or abandons client due
to – CL-58

speedy and efficient administration of justice, assists time spent and extent of services, fees determined by
in the – CL-71 – CL-62

staff, control and discipline of – CJ-14 time, prevents loss of – CJ-6

statement of assets, liabilities and net worth – CJ-19; trial, allows accused 15 days period to prepare for –
CP-41 CJ-8

status of case, keeps client informed of – CL-62 trial, complies with 30-day period to commence –
CJ-8

status of life, declines representation due to – CL-49 trial, complies with 180 day entire period of – CJ-8

successor, cooperates with – CL-64 trial, ensures speedy – CJ-8

suggestions, encourages – CP-35 trial, failure to proceed based on valid justification –


CP-31

suit or proceeding, does not encourage – CL-45 trial period – CJ-8

supremacy of civilian authority over military, trial, punishes counsel or prosecutor who delays –
manifests by deeds – CP-40 CJ-9

trial, sets case for continuous – CJ-8


91

trial, setting of (when witness is unavailable) – CP-30 witness, impersonating another, does not assist –
CL-54; CP-22

tribunal, ability to influence any – CL-46 witnesses, concealment of – CP-21

trust and confidence reposed in him – CL-46

trustee, serving as – CJ-2 -Z-

trustees, excessive compensation to – CJ -7 zeal in defense of client’s rights – CL-60

truth, ascertains the – CJ-6 zeal, represents his client with – CL-46

-U-

unfaithful or neglectful counsel, relief against – CL-49

unfounded criminal charges, does not present – CL-56

unfounded criminal suits, filing of – CL-67

unlawful conduct – CL-44

-W-

well-settled doctrines, conversant with – CJ-6

withdrawal of services, good cause for – CL-57

withdraws from law firm, if he accepts public office –


CL-69
92

OBSERVER’S REMARKS

On the Judge or Justice:

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

On the Prosecutor:

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

On the Lawyer:

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

On the Court Observation and Evaluation Program:

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

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