Legal & Judici al Ethics Essentials by L.A.
Lacar Page |1
Legal and Judicial Ethics
Lawyer’s Oath
I, ________________________ do
solemnly swear that I will maintain
allegiance to the Republic of the Philippines,
I will support its Constitution and obey the
laws as well as the legal orders of the duly
constituted authorities therein; I will do no
falsehood nor consent to the doing of any in
court; I will not wittingly or willingly promote
or sue any false, groundless, or unlawful
suit, nor give aid nor consent to the same.
I will delay no man for money or
malice, and will conduct myself as a lawyer
according to the best of my knowledge and
discretion with all good fidelity as well to the
courts as to my clients; and I impose upon
myself this voluntary obligation without any
mental reservation or purpose of evasion.
So help me God.
Code of Professional Responsibility
(Check codal for full list of Canons and
Rules)
Canon 1 – A lawyer shall uphold the
Constitution, obey the laws of the land and
promote respect for law and legal
processes.
Rule 1.01 – A lawyer shall not engage in
unlawful, dishonest, immoral or deceitful
conduct.
Canon 3 – A lawyer in making known his
legal services shall use only true, honest,
fair, dignified and objective information or
statement.
Rule 3.01 – A lawyer shall not use or permit
the use of any false, fraudulent, misleading,
deceptive, undignified, self-laudatory or
unfair statement or claim regarding his
qualifications or legal services.
Canon 7 – A lawyer shall at all times uphold
the integrity and dignity of the legal
profession and support the activities of the
integrated bar.
Rule 7.03 – A lawyer shall not engage in
conduct that adversely reflects on his fitness
to practice law, nor shall he, whether in
public or private life, behave in a
scandalous manner to the discredit of the
legal profession.
NOTE: This codal-based summary/outline w as conceived during the 2017 Bar Examinations, thus, there might be some doctrines or
rules that have been overturned by recent rulings of the Supreme Court. Lex Pareto Notes, 2014 Edition, w as used as a guide for
the FAQs in the Philippine Bar Examinations. Finally, this is not intended as your main review material, so do read your books or
review materials provided by your review center/school and update yourself w ith the latest jurisprudence. God bless!
Canon 8 – A lawyer shall conduct himself
with courtesy, fairness and candor towards
his professional colleagues, and shall avoid
harassing tactics against opposing counsel.
Canon 9 – A lawyer shall not, directly or
indirectly, assist in the unauthorized practice
of law.
Canon 10 – A lawyer owes candor, fairness
and good faith to the court.
Canon 14 – A lawyer shall not refuse his
services to the needy.
Canon 18 – A lawyer shall serve his client
with competence and diligence.
Code of Judicial Conduct (Bangalore
Draft)
Canon 1 – INDEPENDENCE
Section 3. Judges shall refrain from
influencing in any manner the outcome of
litigation or dispute pending before another
court or administrative agency.
Section 4. Judges shall not allow family,
social or other relationships to influence
judicial conduct or judgment. XXX.
Section 8. Judges shall exhibit and promote
high standards of judicial conduct in order to
reinforce public confidence in the Judiciary,
which is fundamental to the maintenance of
judicial independence.
Canon 2 – INTEGRITY
Section 1. Judges shall ensure that not only
is their conduct above reproach but that it is
perceived to be so in the view of a
reasonable observer.
Section 2. The behavior and conduct of
judges must reaffirm the people’s faith in the
integrity of the judiciary. Justice must not
merely be done, but must also be seen to
be done.
Section 3. Judges should take or initiate
appropriate disciplinary measures against
lawyers or court personnel for
unprofessional conduct of which the judge
may have become aware.
 Legal & Judici al Ethics Essentials by L.A. Lacar Page |2
Canon 3 – IMPARTIALITY
Section 1. Judges shall perform their
judicial duties without favor, bias or
prejudice.
Section 2. Judges shall ensure that his or
her conduct, both in and out of court,
maintains and enhances the confidence of
the public, the legal profession and litigants
in the impartiality of the judge and of the
Judiciary.
Section 5. Judges shall disqualify
themselves from participating in any
proceeding in which they are unable to
decide the matter impartially or in which it
may appear to a reasonable observer that
they are unable to decide the matter
impartially.
*Judges shall disqualify themselves when
there exist grounds for compulsory
disqualification (mandatory inhibition):
1. The judge has actual bias or
prejudice concerning a party or
personal knowledge of disputed
evidentiary facts concerning the
proceedings;
2. The judge previously served as a
lawyer or was a material witness in
the matter in controversy;
3. The judge or a member of his or her
family has an economic interest in
the outcome of the matter in
controversy;
4. The judge serves as executor,
administrator, guardian, trustee or
lawyer in the case or matter in
controversy, or a former associate of
the judge served as counsel during
their association, or the judge or
lawyer was a material witness
therein;
5. The judge’s ruling in favor of a lower
court is the subject of review; or
6. The judge is related by
consanguinity or affinity to a party
litigant within the sixth civil degree or
to counsel within the fourth civil
degree.
NOTE: This codal-based summary/outline w as conceived during the 2017 Bar Examinations, thus, there might be some doctrines or
rules that have been overturned by recent rulings of the Supreme Court. Lex Pareto Notes, 2014 Edition, w as used as a guide for
the FAQs in the Philippine Bar Examinations. Finally, this is not intended as your main review material, so do read your books or
review materials provided by your review center/school and update yourself w ith the latest jurisprudence. God bless!
Canon 4 – PROPRIETY
Section 1. Judges shall avoid impropriety
and the appearance of impropriety in all
their activities. [His everyday life should be
beyond reproach.]
Section 3. Judges shall, in their personal
relations with individual members of the
legal profession who practice regularly in
their court, avoid situations which might
reasonably give rise to the suspicion or
appearance of favoritism or partiality.
Section 9. Confidential information acquired
by judges in their judicial capacity shall NOT
be used or disclosed for any other purpose
NOT related to their judicial duties. [Revised
by SC Resolution, June 6, 2006]
Section 11. Judges shall not practice law
whilst the holder of judicial office.
Canon 5 – EQUALITY
Section 2. Judges shall not, in the
performance of judicial duties, by words or
conduct, manifest bias or prejudice towards
any person or group or irrelevant grounds.
Canon 6- COMPETENCE AND
DILIGENCE
*The Constitution prescribes that a member
of the judiciary must be a person of proven
competence. [Art. VIII, Sec. 7(3)]
Section 3. Judges shall take reasonable
steps to maintain and enhance their
knowledge, skills and personal qualities
necessary for the proper performance or
judicial duties xxx.
Section 6. Judges shall maintain order and
decorum in all proceedings before the court
and be patient, dignified and courteous in
relation to litigants, witnesses, lawyers and
others with whom the judge deals in an
official capacity. Judges shall require similar
conduct of legal representatives, court staff
and others subject to their influence,
direction or control.
Section 7. Judges shall not engage in
conduct incompatible to with the diligent
discharge of judicial duties.
 Legal & Judici al Ethics Essentials by L.A. Lacar Page |3
Integrated Bar of the Philippines (IBP)
-IBP is the national organization of
lawyers created in January 16, 1973 under
Rule 139-A of the Rules of Court and
constituted on May 4, 1973 into a body
corporate by PD No. 181.
-As the official national unification of
the entire lawyer population of the
Philippines, the IBP requires membership
and financial support in reasonable amount
from every attorney as conditions sine qua
non to the practice of law and the retention
of the lawyer’s name in the Roll of
Attorneys.
IBP Members
1. All lawyers whose names were in
the Roll of Attorneys of the SC on
January 16, 1973; and
2. All lawyers whose names were
included or are entered therein after
the said date [By-Laws of the IBP,
Art. II, Sec. 18].
Objectives of the IBP
1. To elevate standard of
profession;
2. To improve the administration of
justice and enable the bar to
discharge its public responsibility
more effectively; and
3. To allow the legal profession to
render a more effective assistance in
maintaining to rule of law.
Mandatory Membership in the IBP
-Compulsory membership in the IBP
does not violate a lawyer’s freedom of
association. Integration does not make a
lawyer a member of any group of which he
is already a member. He became a member
of the bar when he passed the Bar
Examination. All that integration actually
does is to provide an official national
organization for the well-defined but
unorganized and incohesive group of which
every lawyer is already a member [In re:
Edillon, AM No. 1928, August 3, 1978].
Member in Good Standing
-Members who have paid all
membership dues and all authorized special
NOTE: This codal-based summary/outline w as conceived during the 2017 Bar Examinations, thus, there might be some doctrines or
rules that have been overturned by recent rulings of the Supreme Court. Lex Pareto Notes, 2014 Edition, w as used as a guide for
the FAQs in the Philippine Bar Examinations. Finally, this is not intended as your main review material, so do read your books or
review materials provided by your review center/school and update yourself w ith the latest jurisprudence. God bless!
assessment plus surcharges owing thereon
and who is not under suspension from the
practice of law (Agpalo, Ethics).
Effect of Failure to Pay Annual
Membership Dues to the IBP
-The failure of any attorney to pay
his annual membership dues for six (6)
months shall warrant suspension of his
membership in the IBP and default of such
payment for one (1) year shall be a ground
for the removal of his name from the Roll of
Attorneys. [Sec. 10, Rule 139-A, Rules of
Court]
Bar Discipline
Power to Discipline Errant Lawyers
-Practice of law is not a natural or
constitutional right, but it is in the nature of a
privilege or franchise. Hence the same may
be suspended or removed from the lawyer
for reasons provided in the Rules, law and
jurisprudence.
-It can be exercised only by the
courts. It cannot be defeated by the
legislative or executive departments.
legal
-The authority and power to warn,
admonish, reprimand and suspend an
attorney is exercised by the Supreme Court,
Court of Appeals, and the Regional Trial
Court. HOWEVER, the POWER TO
DISBAR a lawyer is exclusive and only the
Supreme Court can exercise such power.
Objectives
1. To ascertain that a lawyer still
possesses the qualifications which
are conditions precedents for the
continuous practice of law;
2. To compel the lawyer to deal fairly
and honestly with the court and his
client, requiring him to be
competent, honorable and reliable;
3. To deter others from similar
misconduct; and
4. To protect the court and the public
from the misbehavior of its officers.
Nature of the Proceedings (Disbarment)
1. Disbarment proceedings against
lawyers are sui generis.
 Legal & Judici al Ethics Essentials by L.A. Lacar Page |4
2. Disbarment proceedings
confidential.
Three-Fold Purpose of
Confidentiality
1. To enable the court to make its
investigation free from any
extraneous influence or interference;
2. To protect the personal and
professional reputation or attorneys
from baseless charges or
disgruntled, vindictive and
irresponsible persons or clients by
prohibiting the publication of such
charges pending their final resolution
[Albano vs. Coloma, AC No. 528,
October 11, 1967]; and
3. To deter the press from publishing
the charges or proceedings based
thereon for even a verbatim
reproduction of the complaint
against an attorney in a newspaper
may be actionable.
*Malicious and unauthorized publication or
verbatim reproduction of administrative
complaints against lawyers in newspapers
by editors and/or reporters may be
actionable. Such premature publication
constitutes a contempt of court punishable
by either a fine or imprisonment or both at
the discretion of the Court. HOWEVER, if
there is a legitimate public interest, the
media is not prohibited from making a fair,
true, and accurate report of a disbarment
complaint. In the absence of legitimate
public interest, though, the media must
preserve the confidentiality of disbarment
during its pendency. [Fortun vs. Quinsayas,
GR No. 194578, February 13, 2013]
Characteristics of Disbarment
Proceedings
1. Neither civil nor criminal proceeding;
2. Double jeopardy cannot be availed
of in a disbarment proceeding
against an attorney, since
disbarment does not partake of a
criminal proceeding;
3. Can be initiated motu proprio by the
Supreme Court or by the IBP;
NOTE: This codal-based summary/outline w as conceived during the 2017 Bar Examinations, thus, there might be some doctrines or
rules that have been overturned by recent rulings of the Supreme Court. Lex Pareto Notes, 2014 Edition, w as used as a guide for
the FAQs in the Philippine Bar Examinations. Finally, this is not intended as your main review material, so do read your books or
review materials provided by your review center/school and update yourself w ith the latest jurisprudence. God bless!
are 4. Can proceed regardless of interest
or lack of interest of the complainant,
if the facts proven so warrant;
the
5. Imprescriptible;
6. Conducted confidentially until its
final determination;
7. It is itself due process of law;
8. Whatever has been decided in a
disbarment case cannot be a source
of right that may be enforced in
another action;
9. In pari delicto rule not applicable;
10. No prejudicial question in
disbarment proceedings;
11. Penalty in a disbarment case cannot
be in the alternative; and
12. Monetary claims cannot be granted,
except resolution and return of
monies and properties of the client
given in the course of lawyer-client
relationship.
Bar Matter No. 850 – Rules on Mandatory
Continuing Legal Education (MCLE)
Purpose: To ensure that throughout their
career, they keep abreast with law and
jurisprudence, maintain the ethics of the
profession and enhance the standards of
the practice of law [Sec. 1, Rule 1, Rules on
MCLE]
Requirements for Completion of MCLE
-Members of the IBP, unless
exempted under Rule 7, shall complete
every three (3) years at least thirty-six (36)
hours of continuing legal education
activities.
of
Parties Exempted from the MCLE
1. The President, Vice-President, and
the Secretaries and
Undersecretaries of executive
departments;
2. Senators and Members of the House
of Representatives;
3. The Chief Justice and Associate
Justices of the Supreme Court,
incumbent and retired justices of the
judiciary, incumbent members of the
 Legal & Judici al Ethics Essentials by L.A. Lacar Page |5
Judicial and Bar Council and
incumbent court lawyers covered by
the Philippine Judicial Academy
Program of Continuing Legal
Education;
4. The Chief State Counsel, Chief
State Prosecutor and Assistant
Secretaries of the Department of
Justice;
5. The Solicitor-General and
Assistant Solicitor-General;
6. The Government Corporate
Counsel, Deputy and Assistant
Government Corporate Counsel;
7. The Chairman and Members of the
Constitutional Commissions;
8. The Ombudsman, the
Deputy Ombudsman, the
Ombudsman and the
Prosecutor of the Office
Ombudsman;
9. Heads of government agencies
exercising quasi-judicial functions;
10. Incumbent deans, bar reviewers and
professors of law who have teaching
experience for at least ten (10) years
in accredited law schools;
11. The Chancellor, Vice-Chancellor and
members of the Corps of
Professional Lecturers of the
Philippine Judicial Academy; and
12. Governors and Mayors.
Other Exempted Parties
1. Those who are not in law practice,
private or public; and
2. Those who have retired from law
practice with the approval of the IBP
Board of Governors.
What constitutes non-compliance?
1. Failure to complete education
requirement within the compliance
period;
2. Failure to provide attestation of
compliance or exemption;
3. Failure to provide satisfactory
evidence of compliance;
NOTE: This codal-based summary/outline w as conceived during the 2017 Bar Examinations, thus, there might be some doctrines or
rules that have been overturned by recent rulings of the Supreme Court. Lex Pareto Notes, 2014 Edition, w as used as a guide for
the FAQs in the Philippine Bar Examinations. Finally, this is not intended as your main review material, so do read your books or
review materials provided by your review center/school and update yourself w ith the latest jurisprudence. God bless!
4. Failure to satisfy the education
requirement and furnish the
evidence of such compliance within
60 days from receipt of non-
compliance notice;
5. Failure to pay non-compliance fee
within the prescribed period; and
6. Any other act or omission analogous
to any of the foregoing or intended to
the circumvent or evade compliance
with the MCLE requirement.
Consequences of Non-compliance
1. A member who fails to comply with
the requirements after the 60-day
period shall be listed as delinquent
member by the IBP Board of
Governors upon recommendation of
Overall the Committee on MCLE.
Deputy
Special 2. The listing as a delinquent member
of the is administrative in nature BUT shall
be made with notice and hearing by
the Committee on MCLE.
*BM No. 1922, as amended, requires
practicing members of the bar to indicate in
all pleadings filed before the courts or quasi-
judicial bodies, the number and date of
issue of their MCLE Certificate of
Compliance or Certificate of Exemption, as
may be applicable, for the immediately
preceding compliance period. Failure to
disclose the required information would
subject the counsel to appropriate penalty
and disciplinary action. Xxx. [SC En Banc
Resolution dated January 14, 2014]
Rules on Notarial Practice (AM No. 02-8-
13-SC, as amended)
Notary public is one appointed by the court
whose duty is to attest to the genuineness
of any deed or writing in order to render
them available as evidence of facts stated
therein and who is authorized by the statute
to administer various oaths.
Qualifications [Sec. 1, Rule III]
-To be eligible for commissioning as
notary public, the petitioner must possess
the following:
1. Citizen of the Philippines;
2. Over twenty-one (21) years of age;
 Legal & Judici al Ethics Essentials by L.A. Lacar Page |6

3. Resident of the Philippines for at of its execution; and (2) to entitle

least one (1) year and maintains a it to be recorded.
regular place of work or business in
2. Certify the affixing of a signature by
the city or province where the
commission is to be issued; thumb or other mark on an
instrument or document presented
4. Member of the Philippine Bar in for notarization.
good standing with clearances from
the Office of the Bar Confidant of the 3. Sign on behalf of a person who is
Supreme Court and the Integrated physically unable to sign or make a
Bar of the Philippines; and mark on an instrument.
Limitations of Notaries Public [Sec. 2,
5. Not have been convicted in the first
Rule IV]
instance of any crime involving
moral turpitude. 1. Not perform a notarial act outside his
regular place of work or business.
*Every person commissioned as notary
public shall have only one official seal of 2. If the person involved as signatory to
office [Sec. 10, Rule III]. the instrument or document is:
*Jurisdiction: In any place within the a) Not in the notary’s presence
territorial jurisdiction of the commissioning personally at the time of the
court [Sec. 11, Rule III]. notarization; and
*Term: Two (2) years, commencing the first b) Not personally known to the
day of January of the year in which the notary public or otherwise
commissioning is made [Sec. 11, Rule III]. identified by the notary public
through competent evidence
Powers of Notaries Public [Sec. 1, Rule of identity.
IV]
Disqualifications [Sec. 3, Rule IV]
1. Perform the following notarial acts:
-A notary public is disqualified from
a) Jurats performing a notarial act if he is:
b) Oaths and affirmations
1. A party to the instrument or
c) Signature witnessing
document that is to be notarized;
d) Copy certifications
e) Acknowledgments 2. Will receive, as a direct or indirect
f) Other acts result, any commission, fee,
*Jurat is part of an affidavit advantage, right, title, interest, cash,
where the officer certifies that property, or other consideration
except as provided by aw or these
the same was “sworn” before
rules; or
him. The jurat accompanies any
notarized document that is 3. A spouse, common-law partner,
declaratory in nature. The ancestor, descendant, or relative by
purpose of jurat is to give the affinity or consanguinity of the
document legal character. principal within the fourth civil
*Acknowledgment, the degree.
acknowledgment accompanies Reference: Memory Aid – Legal and
any notarized document that Judicial Ethics, San Beda College of Law,
transmits rights or properties. 2014 Centralized Bar Operations.
Used to authenticate an
agreement between two or more
persons; or where the document
contains a disposition of
property. Two-fold purpose: (1)
to authorize the deed to be given
in evidence without further proof
NOTE: This codal-based summary/outline w as conceived during the 2017 Bar Examinations, thus, there might be some doctrines or
rules that have been overturned by recent rulings of the Supreme Court. Lex Pareto Notes, 2014 Edition, w as used as a guide for
the FAQs in the Philippine Bar Examinations. Finally, this is not intended as your main review material, so do read your books or
review materials provided by your review center/school and update yourself w ith the latest jurisprudence. God bless!