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LEGAL ETHICS
UP LAW BOC
LEGAL ETHICS
UP LAW BOC
LEGAL ETHICS
UP LAW BOC
LEGAL ETHICS
TABLE OF CONTENTS
TO SOCIETY...................................... 11
LEGAL ETHICS
Suspension, Disbarment
& Discipline of Lawyers ....... 44
.................... 9
IN GENERAL ................................... 10
GROUNDS ..................................... 46
PROCEEDINGS ................................ 47
TABLE OF CONTENTS
SANCTIONS ................................... 59
JUDICIAL ETHICS
Qualities ............................... 62
INTEGRITY .................................... 64
Mandatory Continuing
Legal Education ...................52
PROPRIETY .................................. 68
INDEPENDENCE ............................ 62
IMPARTIALITY ............................... 65
PURPOSE ....................................... 52
EQUALITY ...................................... 72
REQUIREMENTS OF COMPLETION OF
THE MCLE .......................................52
COMPLIANCE .................................52
COMPLIANCE GROUPS ...................................
COMPLIANCE PERIOD ....................................
52
52
EXEMPTIONS .................................53
SANCTIONS ....................................53
BAR MATTER 2012 ........................ 54
76
................ 55
GROUNDS ..................................... 78
SANCTIONS IMPOSED BY THE SUPREME COURT ON ERRING MEMBERS OF THE JUDICIARY ................ 79
TABLE OF CONTENTS
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Practice of Law
CONCEPT
CONSTITUTIONAL BASIS
Const. Art. VIII, sec. 5(5): The Supreme Court
shall have the following powers:
xxx
(5) Promulgate rules concerning the protection
and enforcement of constitutional rights,
pleading, practice and procedure in all courts,
the admission to the practice of law, the
integrated bar, and legal assistance to the
under-privileged. xxx
REGULATORY POWERS
The power of the SC to regulate the practice of
law includes:
(1) Authority to define practice of law;
(2) Prescribe the qualifications of a candidate to
and the subjects of the bar examinations;
(3) Decide who will be admitted to practice;
(4) Discipline, suspend or disbar any unfit and
unworthy member of the bar;
(5) Reinstate any disbarred or indefinitely
suspended attorney;
(6) Ordain the integration of the Bar;
(7) Punish for contempt any person for
unauthorized practice of law; and
(8) In general, exercise overall supervision of the
legal profession.
NATURE
Privilege
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CITIZENSHIP
STATUTORY BASIS
Const., Art. XII, Sec. 14. The practice of all
professions in the Philippines shall be limited to
Filipino citizens save in cases prescribed by law.
QUALIFICATIONS
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LEGAL EDUCATION
Pre-Law
Rules of Court, Rule 138, Sec. 6. No applicant for
admission to the bar examination shall be
admitted unless he presents a certificate that he
has satisfied the Secretary of Education that,
before he began the study of law, he had
pursued and satisfactorily completed in an
authorized and recognized university or college,
requiring for admission thereto the completion
of a four-year high school course, the course of
study prescribed therein for a bachelors degree
in arts or sciences with any of the following
subjects as major or field of concentration:
political science, logic, english, spanish, history
and economics.
Law Proper
Rules of Court, Rule 138, Sec. 5(1). All applicants
for admission shall, before being admitted to
the examination, satisfactorily show that they
have regularly studied law for four years, and
successfully completed all prescribed courses,
in a law school or university, officially approved
and recognized by the Secretary of Education.
The affidavit of the candidate, accompanied by
a certificate from the university or school of law,
shall be filed as evidence of such facts, and
further evidence may be required by the court.
The Supreme Court may deny lawyers oathtaking based on a conviction for reckless
imprudence resulting in homicide (hazing case).
But after submission of evidence and various
certifications he may now be regarded as
complying with the requirements of good moral
character xxx he is not inherently of bad moral
fiber [In re: Argosino (1997)].
Concealment of pending criminal cases
constitutes lack of good moral character (in
petition to take the bar examinations) [In the
matter of Haron Meling (2004)].
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BAR EXAMINATIONS
When To File Permit
Rules of Court, Rule 138, Sec. 7. All applicants for
admission shall file with the clerk of the
Supreme Court the evidence required by Section
2 at least 15 days before the beginning of the
examination. They shall also file within the
same period the affidavit and certificate
required by Section 5.
First Day
Second
Day
Notice
Rules of Court, Rule 138, Sec. 8. Notice of
applications for admission shall be published by
the clerk of the Supreme Court in newspapers
published in Filipino, English and Spanish, for at
least ten days before the beginning of the
examination.
Third Day
Conduct Of Examinations
Rules of Court, Rule 138, Sec. 10. Persons taking
the examination shall not bring papers, books
or notes into the examination rooms. The
questions shall be the same for all examinees
and a copy thereof, in English or Spanish, shall
be given to each examinee. Examinees shall
answer the questions personally without help
from anyone.
Passing Average
Rules of Court, Rule 138, Sec. 14. In order that a
candidate may be deemed to have passed his
examinations successfully, he must have
obtained a general average of 75 percent in all
subjects, without falling below 50 percent in
any subject.
Fourth
Day
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used in
15%
10%
15%
10%
15%
10%
20%
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Committee Of Examiners
Rules of Court, Rule 138, Sec. 12. Examinations
shall be conducted by a committee of bar
examiners to be appointed by the Supreme
Court. This committee shall be composed of a
Justice of the Supreme Court, who shall act as
chairman, and who shall be designated by the
court to serve for one year, and eight members
of the bar of the Philippines, who shall hold
office for a period of one year. The names of the
members of this committee shall be published
in each volume of the official reports.
Disciplinary Measures
Rules of Court, Rule 138, Sec. 13. No candidate
shall endeavor to influence any member of the
committee, and during examination the
candidates shall not communicate with each
other nor shall they give or receive any
assistance.
The candidate who violates this provision, or any
other provision of this rule, shall be barred from
the examination, and the same to count as a
failure against him, and further disciplinary
action, including permanent disqualification,
may be taken in the discretion of the court.
APPEARANCE OF NON-LAWYERS
Law Student Practice
Rules of Court, Rule 138-A, Sec. 1. A law student
who has successfully completed third year of
the regular four-year prescribed law curriculum
and is enrolled in a recognized law school's
clinical legal education program approved by
the Supreme Court, may appear without
compensation in any civil, criminal or
administrative case before any trial court,
tribunal, board or officer, to represent indigent
clients accepted by the legal clinic of the law
school.
Flunkers
Rules of Court, Rule 138, Sec. 16. Candidates who
have failed the bar examinations for three times
shall be disqualified from taking another
examination unless they show to the
satisfaction of the court that they have enrolled
in and passed regular fourth year review classes
as well as attended a pre-bar review course in a
recognized law school.
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Agent or friend
Rules of Court, Rule 138, Sec.34. In such cases,
no attorney client relationship exists; not
habitual. An agent is usually appointed or a
friend choses in a locality where a licensed
member of the bar is not available.
Self-representation
Rules of Court, Rule 138, Sec. 34. By whom
litigation conducted. In the court of a
municipality a party may conduct his litigation
in person, with the aid of an agent or friend
appointed by him for that purpose, or with the
aid of an attorney. In any other court, a party
may conduct his litigation personally or by aid of
an attorney, and his appearance must be either
personal or by a duly authorized member of the
bar.
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ARE
SANCTIONS
FOR
PRACTICE
APPEARANCE WITHOUT AUTHORITY
OR
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Relative prohibition
(1) No senator or member of the House of
Representatives may personally appear as
counsel before any court of justice or before
the Electoral Tribunals, or quasi-judicial and
other administrative bodies [Section 14,
Article VI, Constitution];
(2) Sanggunian members may practice law
except during session hours and provided
they shall not:
(a) Appear as counsel before any court in any
civil case wherein a local government unit
or any office, agency, or instrumentality of
the government is the adverse party;
(b) Appear as counsel in any criminal case
wherein an officer or employee of the
national or local government is accused
of an offense committed in relation to his
office;
(c) Collect any fee for their appearance in
administrative proceedings involving the
local government unit of which he is an
official; and
(d) Use property and personnel of the
government except when the sanggunian
member concerned is defending the
interest of the government [Section 90(b),
RA 7160].
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Special restrictions
RA 910, Sec. 1. The pension of justices therein is
provided with a condition that no retiring justice,
during the time that he is receiving said pension
shall:
Appear as counsel before any court in any civil
case wherein the Government or any
subdivision or instrumentality thereof is the
adverse party;
In any criminal case wherein and officer or
employee of the government is accused of an
offense committed in relation to his office; or
Collect any fee for his appearance in any
administrative proceedings to maintain an
interest adverse to the Government, insular,
provincial or municipal, or to any of its legally
constituted officers.
LAWYERS OATH
Rules of Court, Rule 138, Sec. 17. An applicant
who has passed the required examination, or
has been otherwise found to be entitled to
admission to the bar, shall take and subscribe
before the Supreme Court the corresponding
oath of office. Form 28 of the Judicial Standard
Forms prescirbes the following oath to be taken
by the applicant
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IN GENERAL
Canon 1:
Canon 2:
Canon 3:
Canon 4:
Canon 5:
Canon 6:
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TO SOCIETY
RESPECT FOR
PROCESSES
LAW
&
LEGAL
MORAL TURPITUDE
Includes everything which is done contrary to
justice, honesty, modesty, or good morals. It
involves an act of baseness, vileness, or
depravity in the private duties which a man
owed his fellowmen, or to society in general,
contrary to the accepted and customary rule of
right and duty between man and woman, or
conduct contrary to justice, honesty, modesty, or
good morals (Barrios v. Martinez (2004)).
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Examples:
(1) Volunteering advice to bring lawsuit, except
in rare cases where ties of blood, relationship
or trust make it his duty to do so;
(2) Hunting up defects in titles or other causes
of action in order to be employed to bring
suit or breed litigation.
EFFICIENT,
SERVICE
Ambulance chasing
Refers to accident-site solicitation of almost any
kind of legal business by laymen employed by
an attorney for the purpose or by the attorney
himself.
CONVENIENT
LEGAL
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APPLICABILITY
LAWYERS
TO
GOVERNMENT
PARTICIPATION
IN
THE
IMPROVEMENT AND REFORMS IN
THE LEGAL SYSTEM
Canon 4. A lawyer shall participate in the
development of the legal system by initiating or
supporting efforts in law reform and in the
improvement of the administration of justice.
Examples:
(1) Presenting position papers or resolutions for
the introduction of pertinent bills in
Congress;
(2) Submitting petitions to the Supreme Court
for the amendment of the Rules of Court.
PARTICIPATION
IN
EDUCATION PROGRAM
LEGAL
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The basic postulate of the IBP is that it is nonpolitical in character and that there shall be
neither lobbying nor campaigning in the choice
of the IBP Officers. The fundamental
assumption is that the officers would be chosen
on the basis of professional merit and
willingness and ability to serve. The unseemly
ardor with which the candidates pursued the
presidency of the association detracted from the
dignity of the legal profession. The spectacle of
lawyers bribing or being bribed to vote did not
uphold the honor of the profession nor elevate it
in the publics esteem [In re: 1989 Elections of
the IBP (1989)].
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Purposes
(1) To assist in the administration of justice;
(2) To foster and maintain on the part of its
members high ideals of integrity, learning,
professional competence, public service and
conduct;
(3) To safeguard the professional interest of its
members;
(4) To cultivate among its members a spirit of
cordiality and brotherhood;
(5) To provide a forum for the discussion of law,
jurisprudence, law reform, pleading, practice
and procedure, and the relations of the bar
to the bench and to the public, and publish
information relating thereto;
(6) To encourage and foster legal education;
(7) To promote a continuing program of legal
research in substantive and adjective law,
and make reports and recommendations
thereon.
UPHOLDING
THE
DIGNITY
INTEGRITY OF THE PROFESSION
&
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Lawyer DONTs:
(1) Take advantage of the excusable
unpreparedness or absence of counsel
during the trial of a case;
(2) Make use, to his or to his clients benefit, the
secrets of the adverse party acquired
through design or inadvertence;
(3) Criticize or impute ill motive to the lawyer
who accepts what in his opinion is a weak
case;
(4) Proceed to negotiate with the client of
another lawyer to waive all kinds of claim
when the latter is still handling the civil case
[Camacho v. Pagulayan (2000)].
Improper Language:
(1) Behaving without due regard for the trial
court and the opposing counsel and
threatening the court that he would file a
petition for certiorari [Bugaring v. Espanol
(2001)];
(2) Filing of a civil case against the opposing
counsel without justification but only to get a
leverage in the pending case [Reyes v. Chiong
(2003)];
(3) Calling an adverse counsel as bobo or
using the word ay que bobo in reference to
the manner of offering evidence [Castillo v.
Padilla (1984)].
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NO ASSISTANCE IN UNAUTHORIZED
PRACTICE OF LAW
Canon 9. A lawyer shall not, directly or
indirectly, assist in the unauthorized practice of
law.
Examples of practice of law:
(1) Legal advice and instructions to clients to
inform them of their rights and obligations;
(2) Preparation for clients of documents
requiring knowledge of legal principles not
possessed by ordinary laymen;
(3) Appearance for clients before public
tribunals, whether, administrative, quasijudicial or legislative agency.
Examples of unauthorized practice of law:
(1) Appearing as counsel even before taking
lawyers oath [Aguirre v. Rana (2003)];
(2) Using the title Attorney in his name even
though he is a Sharia lawyer [Alawi v. Alauya
(1997)].
A corporation cannot engage in the practice law
directly or indirectly. It may only hire in-house
lawyers to attend to its legal business. A
corporation cannot employ a lawyer to appear
for others for its benefit. A corporation cannot
perform the conditions required membership to
the bar. In addition, the confidential and trust
relation between an attorney and his client
cannot arise if the attorney is employed by a
corporation.
NOT allowed:
(1) Automobile club that solicits membership by
advertising that it offers free legal services of
its legal department to members;
(2) Collection agency or credit exchange that
exploits lawyers services;
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TO THE COURTS
CANDOR, FAIRNESS & GOOD FAITH
TOWARDS THE COURTS
Canon 10. A lawyer owes candor, fairness and
good faith to the court.
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PROPER ATTIRE
Male: Long-sleeve Barong Tagalog or coat and
tie
Female: Semi-formal attires
Judges: same attire as above in addition to
black robes
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NON-OBSERVANCE OF PREPARATION:
(1) The postponement of the pre-trial or
hearing, which would thus entail delay in the
early disposition of the case;
(2) The judge may consider the client non-suited
or in default;
(3) The judge may consider the case deemed
submitted for decision without clients
evidence, to his prejudice [Agpalo]).
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RELATED TO
Canon 11, Rule 11.5A lawyer shall submit
grievances against a Judge to the proper
authorities only.
TO THE CLIENTS
THE ATTORNEY-CLIENT RELATIONSHIP IS:
(1) Strictly personal;
(2) Highly confidential;
(3) Fiduciary.
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Exceptions:
(1) When a lawyer is accused by the client and
he needs to reveal information to defend
himself;
(2) When the client discloses the intention to
commit a crime or unlawful act [Aguirre
(2006)].
Ratio:
(1) The court has a right to know that the client
whose privileged information is sought to be
protected is flesh and blood;
(2) The privilege begins to exist only after the
attorney-client relationship has been
established. The attorney-client privilege
does not attach until there is a client.
(3) The privilege generally pertains to the
subject matter of the relationship.
(4) Due process considerations require that the
opposing party should, as a general rule,
know his adversary.
Principal exceptions:
(1) Client identity is privileged where a strong
probability exists that revealing the client's
name would implicate that client in the very
activity for which he sought the lawyer's
advice.
(2) Where disclosure would open the client to
civil liability, his identity is privileged.
CONFLICT OF INTEREST
Rule 15.03. A lawyer shall not represent
conflicting interests except by written consent of
all concerned given after a full disclosure of the
facts.
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FIDUCIARY RELATIONSHIP
Rule 16.01. A lawyer shall account for all money
or property collected or received for or from the
client.
Requisites:
(1) Attorney-client relationship;
(2) The property or interest is in litigation;
(3) The attorney takes part as counsel in the
case;
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COMMINGLING OF FUNDS
Rule 16.02. A lawyer shall keep the funds of
each client separate and apart from his own and
those of others kept by him.
DELIVERY OF FUNDS
Rule 16.03. A lawyer shall deliver the funds and
property of his client when due or upon
demand. However, he shall have a lien over the
funds and may apply so much thereof as may be
necessary to satisfy his lawful fees and
disbursements,
giving
notice
promptly
thereafter to his client. He shall also have a lien
to the same extent on all judgments and
executions he has secured for his client as
provided for in the Rules of Court.
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COLLABORATING COUNSEL
Rule 18.01. A lawyer shall not undertake a legal
service which he knows or should know that he
is not qualified to render. However, he may
render such service if, with the consent of his
client, he can obtain as collaborating counsel a
lawyer who is competent on the matter.
Negligence
General rule: A client is bound by attorneys
conduct, negligence and mistake in handling
case or in management of litigation and in
procedural technique, and he cannot be heard
to complain that result might have been
different had his lawyer proceeded differently.
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CLIENTS FRAUD
Rule 19.02. A lawyer who has received
information that his client has, in the course of
the representation, perpetrated a fraud upon a
person or tribunal, shall promptly call upon the
client to rectify the same, and failing which he
shall terminate the relationship with such client
in accordance with the Rules of Court.
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ATTORNEYS FEES
Canon 20. A lawyer shall charge only fair and
reasonable fees.
An attorney is entitled to have and recover from
his client no more than a reasonable
compensation for his services with a view to:
(1) The importance of the subject matter of the
controversy;
(2) The extent of the services rendered; and
(3) The professional standing of the attorney.
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Quantum meruit
as much as a lawyer deserves. Its essential
requisite is acceptance of the benefits by one
sought to be charged for services rendered
under circumstances as reasonably to notify him
that lawyer expects compensation.
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ACCEPTANCE FEES
Acceptance of money from a client establishes
an attorney-client relationship and gives rise to
the duty of fidelity to the clients cause. The
canons of the legal profession require that once
an attorney agrees to handle a case, he should
undertake the task with zeal, care and utmost
devotion.
[Emiliano
Court
Townhouses
Homeowners Association v. Dioneda (2003)]
ATTORNEYS LIENS
Retaining lien
An attorney shall have a lien upon the funds,
documents and papers of his client which have
lawfully come into his possession. Thus:
(1) He may retain the same until his lawful fees
and disbursements have been paid; and
(2) May apply such funds to the satisfaction
thereof (Section 37, Rule 138).
Requisites:
(1) Attorney-client relationship;
(2) Lawful possession by lawyer of the clients
funds, documents and papers in his
professional capacity;
(3) Unsatisfied claim for attorneys fees or
disbursements.
CHAPERTOUS
&
Charging lien
He shall also have a lien to the same extent
upon all judgments for the payment of money,
and executions issued in pursuance of such
judgments, which he has secured in a litigation
of his client. This lien exists from and after the
time when he shall have caused:
(1) A statement of his claim of such lien to be
entered upon the records of the court
rendering such judgment, or issuing such
execution; and
(2) Written notice thereof to be delivered to his
client and to the adverse party.
Contigent contract
the
lawyers
fee,
usually
a
fixed
percentage of what
may be recovered in
the action, is made to
depend upon the
success in the effort to
enforce or defend the
clients right. The
lawyer
does
not
undertake to shoulder
the
expenses
of
litigation.
It is a valid agreement
Requisites:
(1) Attorney-client relationship;
(2) The attorney has rendered services;
(3) A money judgment favorable to the client
has been secured in the action;
(4) The attorney has a claim for attorneys fees
or advances statement of his claim has been
duly recorded in the case with notice thereof
served upon the client and adverse party.
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Retaining lien
Charging lien
Nature
Basis
Lawful possession of
funds,
papers,
documents,
property
belonging to client
Securing
of
a
favorable
money
judgment for client
Coverage
Covers
only
funds,
papers, documents, and
property in the lawful
possession
of
the
attorney by reason of his
professional
employment
Covers
all
judgments for the
payment of money
and
executions
issued in pursuance
of such judgment
Effectivity
As soon as the lawyer
gets possession of the
funds,
papers,
documents, property
Extraordinary concept
An attorneys fee is an indemnity for damages
ordered by the court to be paid by the losing
party to the prevailing party in a litigation. The
basis of this is any of the cases authorized by
law and is payable not to the lawyer but to the
client unless they have agreed that the award
shall pertain to the lawyer as additional
compensation or as part thereof [Traders Royal
Bank Employees Union-Independent v. NLRC
(1997)].
Notice
Client need not be
notified to make it
effective
Applicability
May be exercised before
judgment or execution,
or regardless thereof
Generally, it
is
exercisable
only
when the attorney
had already secured
a
favorable
judgment for his
client
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Related Statues
Rules of Court, Rule 138, Sec. 20(3). It is the duty
of an attorney to maintain inviolate the
confidence, and at every peril to himself to
preserve, the secrets of his client and to accept
no compensation in connection with his clients
business except from him or with his knowledge
and approval.
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WITHDRAWAL OF SERVICES
Canon 22. A lawyer shall withdraw his services
only for good cause and upon notice
appropriate in the circumstances.
Causes of termination of attorney-client
relationship:
(1) Withdrawal of the lawyer;
(2) Death of the lawyer;
(3) Disbarment or suspension of the lawyer from
the practice of law;
(4) Declaration of presumptive death of the
lawyer;
(5) Conviction of a crime and imprisonment of
the lawyer;
(6) Discharge or dismissal of the lawyer by the
client;
(7) Appointment or election of a lawyer to a
government position which prohibits private
practice of law;
(8) Death of the client;
(9) Intervening incapacity or incompetence of
the client during pendency of case;
(10) Full termination of the case.
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SUI GENERIS
CONFIDENTIAL
Rules of Court, Rule 139-B, Sec. 18. Proceedings
against attorneys shall be private and
confidential. However, the final order of the
Supreme Court shall be published like its
decisions in other cases.
Purposes:
(1) To enable the Court to make its
investigations free from any extraneous
influence or interference;
(2) To protect the personal and professional
reputation of attorneys and judges from the
baseless charges of disgruntled, vindictive,
and irresponsible clients and litigants;
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PRESCRIPTION
OTHER CHARACTERISTICS
(1) Proceedings may be taken by the Supreme
Court motu proprio, and the IBP Board of
Governors may also motu proprio initiate and
prosecute proper charges against erring
attorneys [Section 1, Rule 139-B].
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Gross misconduct
Any inexcusable, shameful or flagrant unlawful
conduct on the part of a person concerned in
the administration of justice which is prejudicial
to the rights of the parties or to the right
determination of the cause. Such conduct is
generally motivated by a premeditated,
obstinate or intentional purpose [Yap v.
Inopiquez, Jr. (2003)].
Immorality
Conduct that shows indifference to the moral
norms of society and the opinion of good and
respectable members of the community. The
conduct must be grossly immoral (i.e., so
corrupt and false as to constitute a criminal act
or so unprincipled as to be reprehensible to a
high degree) to warrant disciplinary action [Ui v.
Bonifacio (2000)].
GROUNDS
Rules of Court, Rule 138, Sec. 27. A member of
the bar may be disbarred or suspended from his
office as attorney by the Supreme Court:
(1) For any deceit, malpractice or other gross
misconduct in such office;
(2) For grossly immoral conduct;
(3) By reason of his conviction of a crime
involving moral turpitude;
(4) For any violation of the oath which he is
required to take before admission to
practice;
(5) For willful disobedience of any lawful order
of a superior court;
(6) For corruptly or willfully appearing as an
attorney for a party to a case without
authority so to do.
Moral turpitude
Involves an act of baseness, vileness, or
depravity in the private duties which a man
owes to his fellow men, or to society in general,
contrary to the accepted and customary rule of
right and duty between man and woman, or
conduct contrary to justice, honesty, modesty or
good morals [Barrios v. Martinez (2004)]. Section
27, Rule 138 requires conviction of the crime.
Deceit
False representation of a matter of fact whether
by words or conduct, by false or misleading
allegations, or by concealment of that which
should have been disclosed which deceives or is
intended to deceive another so that he shall act
upon it to his legal injury [Alcantara v. CA
(2003)].
Malpractice
Refers to any malfeasance or dereliction of duty
committed by a lawyer [Tan Tek Beng v. David
(1983)].
Section 27, Rule 138 states that the practice of
soliciting cases at law for the purpose of gain,
either personally or through paid agents or
brokers, constitutes malpractice.
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PROCEEDINGS
HOW INSTITUTED
Proceedings for disbarment, suspension or
discipline of attorneys may be taken by:
(1) The Supreme Court motu proprio; or
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DISCIPLINARY MEASURES
(1) Warning, an act or fact of putting one on his
guard against an impending danger, evil
consequences or penalties.
(2) Admonition, a gentle or friendly reproof, mild
rebuke, warning or reminder, counseling, on
a fault, error or oversight; an expression of
authoritative advice.
(3) Reprimand, a public and formal censure or
severe reproof, administered to a person in
fault by his superior officer or a body to
which he be-longs. It is imposed on a minor
infraction of the lawyers duty to the court or
client
(4) Suspension, a temporary withholding of a
lawyers right to practice his profession as a
lawyer for:
(a) A definite period; or
(b) An indefinite period, which amounts to
qualified disbarment, in which case,
lawyer determines for himself for how
long or how short his suspension shall
last by proving to court that he is once
again fit to resume practice of law.
(5) Censure, an official reprimand.
(6) Disbarment, the act of the Philippine
Supreme Court in withdrawing from an
attorney the privilege to practice law and
striking out the name of the lawyer from the
roll of attorneys.
(7) Interim
suspension,
the
temporary
suspension of a lawyer from the practice of
law pending imposition of final discipline. It
includes:
(a) Suspension upon conviction of a serious
crime.
DISCIPLINE
OF
GOVERNMENT
LAWYERS
IN
QUANTUM OF PROOF
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Aggravating Circumstances:
(1) Prior disciplinary offenses;
(2) Dishonest or selfish motive;
(3) A pattern of misconduct;
(4) Multiple offenses;
(5) Bad faith obstruction of the disciplinary
proceeding by intentionally failing to
comply with rules or orders of the
disciplinary agency;
(6) Submission of false evidence, false
statements, or other deceptive practices
during the disciplinary process;
(7) Refusal to acknowledge wrongful nature of
conduct;
(8) Vulnerability of victim;
(9) Substantial experience in the practice of
law;
(10) Indifference to making restitution. (IBP
Guidelines 9.22)
(11) Others:
(a) Abuse of authority or of attorney-client
relationship;
(b) Sexual intercourse with a relative;
(c) Making the institution of marriage a
mockery;
(d) Charge of gross immorality;
(e) Previous punishment as member of the
bar;
(f) Defraud upon the government;
(g) Use of knowledge or information,
acquired in the course of a previous
professional employment, against a
former client.
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Mandatory Continuing
Legal Education (MCLE)
PURPOSE
(1) Ensure that throughout their career, they
keep abreast with law and jurisprudence;
(2) Maintain the ethics of the profession; and
(3) Enhance the standards of the practice of law
(Section 1, Rule 1, BM 850).
COMPLIANCE
COMPLIANCE GROUPS
The members of the IBP covered by the
requirement are divided into three compliance
groups:
(1) Compliance Group 1 consists of members in
the National Capital Region (NCR) or Metro
Manila;
(2) Compliance Group 2 consists members in
Luzon outside NCR; and
(3) Compliance Group 3 consists of members in
Visayas and Mindanao.
REQUIREMENTS
COMPLIANCE PERIOD
BM 850, Rule 3, Sec. 1. The initial compliance
period shall begin not later than three months
from the constitution of the MCLE Committee.
The compliance period shall be for 36 months
and shall begin the day after the end of the
previous compliance period.
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EXEMPTIONS
The following members are exempt:
(1) The President and the Vice President of the
Philippines, and the Secretaries and
Undersecretaries of Executives Departments;
(2) Senators and Members of the House of
Representatives;
(3) The Chief Justice and Associate Justices of
the Supreme Court, incumbent and retired
members of the judiciary, incumbent
members of the Judicial and Bar Council and
incumbent court lawyers covered by the
Philippine Judicial Academy program of
continuing judicial education;
(4) The Chief State Counsel, Chief State
Prosecutor and Assistant Secretaries of the
Department of Justice;
(5) The Solicitor General and the Assistant
Solicitor General;
(6) The Government Corporate Counsel, Deputy
and Assistant Government Corporate
Counsel;
(7) The Chairmen and Members of the
Constitutional Commissions;
(8) The Ombudsman, the Overall Deputy
Ombudsman, the Deputy Ombudsmen and
the Special Prosecutor of the Office of the
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 years accredited
law schools;
SANCTIONS
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REQUIREMENTS
The rule requires every practicing lawyer to:
(1) Render a minimum of 60 hours of free legal
aid services to indigent litigants in a year.
Said 60 hours shall be spread within a
period of twelve 12 months, with a minimum
of five hours of free legal aid services each
month
(2) Coordinate with the Clerk of Court for cases
where he may render free legal aid service
and shall be required to secure and obtain a
certificate from the Clerk of Court attesting
to the number of hours spent rendering free
legal aid services in a case (Section 5, BM
2012).
SCOPE
The rule governs the mandatory requirement for
practicing lawyers to render free legal aid
services in all cases (whether, civil, criminal or
administrative) involving indigent and pauper
litigants where the assistance of a lawyer is
needed. It shall also govern the duty of other
members of the legal profession to support the
legal aid program of the IBP.
PENALTIES
Should a lawyer fail to do so, he shall be
required to explain why he was unable to render
the minimum prescribed number of hours. If no
explanation has been given or if the National
Committee on Legal Aid (NCLA) finds the
explanation unsatisfactory, the NCLA shall
make a report and recommendation to the IBP
Board of Governors for the erring lawyer to be
declared a member of the IBP who is not in
good standing.
DEFINITIONS
The Section 4, BM 2012, defines:
(1) Practicing lawyers as members of the
Philippine Bar who appear for and in behalf
of parties in courts of law and quasi-judicial
agencies, excluding the following:
(a) Government employees and incumbent
elective officials not allowed by law to
practice;
(b) Lawyers who by law are not allowed to
appear in court;
(c) Supervising lawyers of students enrolled
in law student practice in duly accredited
legal clinics of law schools and lawyers of
non-governmental organizations and
peoples organizations, who by the nature
of their work already render free legal aid
to indigent and pauper litigants; and
(d) Lawyers do not appear for and in behalf
of parties in courts of law and quasijudicial agencies.
(2) Indigent and pauper litigants as those
defined in Algura v. City of Naga (2006) and
Section 19, Rule 141, which includes those:
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Notarial Practice
QUALIFICATIONS OF NOTARY
PUBLIC
(1) Must be a Filipino citizen;
(2) Must be over 21 years old;
(3) Must be a resident of the Philippines for at
least one year;
(4) Must maintain a regular place of work or
business in the city or province where
commission is to be issued;
(5) Must be a member of the Philippine Bar in
good standing, with clearances from:
(a) The Office of the Bar Confidant of the
Supreme Court; and
(b) The IBP;
(6) Must not have been convicted in the first
instance of any crime involving moral
turpitude (Section 1, Rule III, Notarial Rules).
POWERS
ACKNOWLEDGMENT
An acknowledgment refers to an act in which an
individual on a single occasion:
(1) Appears in person before the notary public
and presents an integrally complete
instrument or document;
(2) Is attested to be personally known to the
notary public or identified by the notary
public through competent evidence of
identity as defined by the Notarial Rules; and
(3) Represents to the notary public that the
signature on the instrument or document
was voluntarily affixed by him for the
purposes stated in the instrument or
document, declares that he has executed the
instrument or document as his free and
voluntary act and deed, and, if he acts in a
particular representative capacity, that he
has the authority to sign in that capacity
(Section 1, Rule II, Notarial Rules).
OATH OR AFFIRMATION
Affirmation or oath refers to an act in which an
individual on a single occasion:
(1) Appears in person before the notary public;
(2) Is personally known to the notary public or
identified by the notary public through
competent evidence of identity as defined by
these Rules; and
(3) Avows under penalty of law to the whole
truth of the contents of the instrument or
document (Section 2, Rule II, Notarial Rules).
JURAT
Jurat refers to an act in which an individual on a
single occasion:
(1) Appears in person before the notary public
and presents an instrument or document;
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Copy Certification
Copy certification refers to a notarial act in
which a notary public:
(1) Is presented with an instrument or document
that is neither a vital record, a public record,
nor publicly recordable;
(2) Copies or supervises the copying of the
instrument or document;
(3) Compares the instrument or document with
the copy; and
(4) Determines that the copy is accurate and
complete (Section, Rule II, Notarial Rules).
This assists litigators in doing away with the
requirement of proving that a copy is a faithful
reproduction of an original instrument or
document (Uy (2004)).
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LIMITATIONS
RELATING TO NOTARIAL ACTS
(1) A notary public shall not perform a notarial
act outside his regular place of work or
business; provided, however, that on certain
exceptional occasions or situations, a notarial
act may be performed at the request of the
parties in the following sites located within
his territorial jurisdiction:
(a) Public offices, convention halls, and
similar places where oaths of office may
be administered;
(b) Public function areas in hotels and similar
places for the signing of instruments or
documents requiring notarization;
(c) Hospitals and other medical institutions
where a party to an instrument or
document is confined for treatment; and
(d) Any place where a party to an instrument
or document requiring notarization is
under detention (Section 2(a), Rule IV,
Notarial Rules);
(2) A person shall not perform a notarial act if
the person involved as signatory to the
instrument or document:
(a) Is not in the notary's presence personally
at the time of the notarization; and
(b) Is not personally known to the notary
public or otherwise identified by the
notary public through competent
evidence of identity as defined by the
Notarial Rules;
(3) A notary public is disqualified from
performing a notarial act if he:
(a) Is a party to the instrument or document
that is to be notarized;
(b) Will receive, as a direct or indirect result,
any commission, fee, advantage, right,
title, interest, cash, property, or other
consideration, except as provided by the
Notarial Rules and by law; or
(c) A notary public is disqualified from
performing is a spouse, common-law
partner, ancestor, descendant, or relative
by affinity or consanguinity of the
principal within the fourth civil degree
(Section 3, Rule IV, Notarial Rules).
(4) A notary public shall not perform any
notarial act described in the Notarial Rules if:
(a) The notary knows or has good reason to
believe that the notarial act or transaction
is unlawful or immoral;
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NOTARIAL REGISTER
A notarial register refers to a permanently
bound book with numbered pages containing a
chronological record of notarial acts performed
by a notary public (Section 5, Rule II, Notarial
Rules).
ENTRIES
BY OTHER PERSONS
At the time of notarization, the notary's notarial
register shall be signed or a thumb or other
mark affixed by each:
(1) Principal;
(2) Credible witness swearing or affirming to the
identity of a principal; and
(3) Witness to a signature by thumb or other
mark, or to a signing by the notary public on
behalf of a person physically unable to sign
(Section 3, Rule VI, Notarial Rules).
CLOSING
Notarial Rules, Rule VI, Sec. 2(g). At the end of
each week, the notary public shall certify in his
notarial register the number of instruments or
documents executed, sworn to, acknowledged,
or protested before him; or if none, this
certificate shall show this fact.
SUBMISSION
Notarial Rules, Rule VI, Sec. 2(h). A certified copy
of each months entries and a duplicate original
copy of any instrument acknowledged before
the notary public shall, within the first ten days
of the month following, be forwarded to the
Clerk of Court and shall be under the
responsibility of such officer. If there is no entry
to certify for the month, the notary shall forward
a statement to this effect in lieu of certified
copies herein required.
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REVOCATION OF COMMISSION
(1) The Executive Judge shall revoke a notarial
commission for any ground on which an
application for a commission may be denied;
(2) In addition, the Executive Judge may revoke
the commission of, or impose appropriate
administrative sanctions upon, any notary
public who:
(a) Fails to keep a notarial register;
(b) Fails to make the proper entry or entries
in his notarial register concerning his
notarial acts;
(c) Fails to send the copy of the entries to the
Executive Judge within the first ten days
of the month following;
(d) Fails to affix to acknowledgments the
date of expiration of his commission;
(e) Fails to submit his notarial register, when
filled, to the Executive Judge;
(f) Fails to make his report, within a
reasonable time, to the Executive Judge
concerning the performance of his duties,
as may be required by the judge;
(g) Fails to require the presence of a principal
at the time of the notarial act;
(h) Fails to identify a principal on the basis of
personal knowledge or competent
evidence;
(i)Executes a false or incomplete certificate
under Section 5, Rule IV;
(j)Knowingly performs or fails to perform any
other act prohibited or mandated by
these Rules; and
(k) Commits any other dereliction or act
which in the judgment of the Executive
Judge constitutes good cause for
revocation of commission or imposition of
administrative sanction (Section 1(a) and
(b), Rule XI, Notarial Rules).
SANCTIONS
Notarial Rules, Rule XI, Sec. 1(d). The Executive
Judge may motu proprio initiate administrative
proceedings against a notary public and impose
the appropriate administrative sanctions on the
grounds for revocation of commission
mentioned.
Also, the Executive Judge shall cause the
prosecution of any person who:
(1) Knowingly acts or otherwise impersonates a
notary public;
(2) Knowingly obtains, conceals, defaces, or
destroys the seal, notarial register, or official
records of a notary public; and
(3) Knowingly solicits, coerces, or in any way
influences a notary public to commit official
misconduct.
Canons of Professional
Ethics
ORIGIN
The Philippine Bar Association adopted the
American Bar Associations Canons of
Professional Ethics in 1917 and 1946.
LEGAL STATUS
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Sources of Rules on
Judicial Ethics
QUALITIES
INDEPENDENCE
Canon 1. Judicial independence is a prerequisite
to the rule of law and a fundamental guarantee
of fair trial. A judge shall therefore, uphold and
exemplify judicial independence in both its
individual and institutional aspects.
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OUTSIDE PRESSURE
Section 2. In performing judicial duties, judges
shall be independent from judicial colleagues in
respect of decisions which the judge is obliged
to make independently.
Interference by members of the bench inpending suits with the end in view of influencing
the course or the result of litigation does not
only subvert the independence of the judiciary
but also undermines the people's faith in its
integrity and impartiality [Sabitsana Jr. v.
Villamor (1991)]. In this case, Judge Villamor sent
a handwritten note to Judge Pitao cautioning
him to watch out and exercise care in handling a
case. He made a side remark for the acquittal of
the accused in the case, which tended to
influence outcome of the case.
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INTEGRITY
Canon 2. Integrity is essential not only to the
proper discharge of the judicial office but also to
the personal demeanor of judges.
CONDUCT ABOVE REPROACH
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.
SAFEGUARDS
FOR
JUDICIAL
INDEPENDENCE
Section 7. Judges shall encourage and uphold
safeguards for the discharge of judicial duties in
order to maintain and enhance the institutional
and operational independence of the judiciary.
PROMOTE PUBLIC CONFIDENCE
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.
Sections 7 and 8 are intended to serve as catchall provisions for all other acts that would
guarantee the independence of the judiciary,
but which may not have been covered in the
specific instances mentioned in the earlier
provisions [ABA (2007]).
The judge should always be imbued with a high
sense of duty and responsibility in the discharge
of his obligation to promptly and properly
administer justice. He must view himself as a
priest, for the administration of justice is akin to
a religious crusade [Dimatulac v. Villon (1998]).
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IMPARTIALITY
DISCIPLINARY ACTION
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.
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MINIMIZE
INSTANCES
OF
DISQUALIFICATIONS
Section 3. Judges shall, so far as is reasonable,
so conduct themselves as to minimize the
occasions on which it will be necessary for them
to be disqualified from hearing or deciding
cases.
DISQUALIFICATIONS
Section 5. Judges shall disqualify themselves
from participating in any proceedings in which
they are unable to decide the matter impartially
or in which it may appear to a reasonable
observer that they are unable to decide the
matter impartially. Such proceedings include,
but are not limited to, instances where:
(a) The judge has actual bias or prejudice
concerning a party or personal knowledge of
disputed evidentiary facts concerning the
proceedings;
(b) The judge previously served as a lawyer or
was a material witness in the matter in
controversy;
(c) The judge, or a member of his or her family,
has an economic interest in the outcome of
the matter in controversy;
(d) The judge served as executor, administrator,
guardian, trustee, or lawyer in the case or
matter in controversy, or a former associate
of the judge served as counsel during their
association, or the judge or lawyer was a
material witness therein;
(e) The judge's ruling in a lower court is the
subject of review;
(f) The judge is related by consanguinity or
affinity to a party litigant within the 6th civil
degree or to counsel within the fourth civil
degree; or
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PERMITTAL OF DISQUALIFICATIONS
Section 6. A judge disqualified as stated above
may, instead of withdrawing from the
proceeding, disclose on the records the basis of
disqualification. If based on such disclosure, the
parties and lawyers independently of a judge's
participation, all agree in writing that the reason
for the inhibition is immaterial or unsubstantial,
the judge may then participate in the
proceeding. The agreement, signed by all
parties and lawyers, shall be incorporated in the
record of the proceedings.
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PROPRIETY
Canon 4. Propriety and the appearance of
propriety are essential to the performance of all
the activities of a judge.
ACCEPTANCS
OF
PERSONAL
RESTRICTIONS
Section 2. As a subject of constant public
scrutiny, judges must accept personal
restrictions that might be viewed as
burdensome by the ordinary citizen and should
do so freely and willingly. In particular, judges
shall conduct themselves in a way that is
consistent with the dignity of the judicial office.
AVOIDANCE OF IMPROPRIETY
Section 1. Judges shall avoid impropriety and the
appearance of impropriety in all of their
activities.
By prohibiting not only impropriety but even the
appearance of impropriety, the Code recognizes
that even acts that are not per se improper can
nevertheless be perceived by the larger
community as such [ABA (2007)].
Thus, acts of judges which are not illegal may
still violate the Code:
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AVOIDANCE OF CONTROVERSY
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.
FREEDOM OF EXPRESSION
Section 6. Judges, like any other citizen, are
entitled to freedom of expression, belief,
association and assembly, but in exercising such
rights, they shall always conduct themselves in
such a manner as to preserve the dignity of the
judicial office and the impartiality and
independence of the judiciary.
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CONFIDENTIAL INFORMATION
Section 9. Confidential information acquired by
judges in their judicial capacity shall not be used
or disclosed by, for any other purpose related to
their judicial duties.
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PRACTICE OF PROFESSION
Section 11. Judges shall not practice law whilst
the holder of judicial office.
This prohibition is based on public policy
because the rights, duties, privileges and
functions of the office of an attorney-at-law are
inherently incompatible with the high official
functions, duties, powers, discretion and
privileges of a judge. It also aims to ensure that
judges give their full time and attention to their
judicial duties, prevent them from extending
special favors to their own private interests and
assure the public of their impartiality in the
performance of their functions [Carual v. Brusola
(1999]).
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EQUALITY
Canon 5. Ensuring equality of treatment to all
before the courts is essential to the due
performance of the judicial office.
This is a new canon not found in the previous
codes of judicial conduct. It expands the
measures to promote equality required by
international human rights agreements [ABA
(2007]).
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NOT TO DIFFERENTIATE
Section 3. Judges shall carry out judicial duties
with appropriate consideration for all persons,
such as the parties, witnesses, lawyers, court
staff and judicial colleagues, without
differentiation on any irrelevant ground,
immaterial to the proper performance of such
duties.
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Discipline of Members of
the Judiciary
IMPEACHMENT
Members of the Supreme Court may be
removed from office on impeachment for, and
conviction of, culpable violation of the
Constitution, treason, bribery, graft and
corruption, other high crimes, or betrayal of
public trust (Section 2, Article X, Constitution).
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ARTICLES OF IMPEACHMENT
Article I: Partiality and subservience in cases
involving the Arroyo administration;
Article II: Failure to disclose to the public his
statement of assets and liabilities;
Article V: Gerrymandering in the case of the 16newly created cities and promotion of Dinagat
into a province;
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INVESTIGATION
Upon the filing of the comment of the
respondent or upon the expiration of the period
for such filing, which is ten days from the date of
service to him of the copy of the complaint
(Section 2, Rule 140), the Supreme Court shall:
(1) Refer the matter to the Office of the Court
Administrator (OCA) for evaluation, report,
and recommendation; or
(2) Assign the case for investigation, report, and
recommendation to:
(a) A retired member of the Supreme Court,
if the respondent is a justice of the Court
of Appeals and the Sandiganbayan;
(b) A justice of the Court of Appeals, if the
respondent is a judge of a Regional Trial
Court or of a special court of equivalent
rank; or
(c) A judge of the Regional Trial Court, if the
respondent is a judge of an inferior court
(Section 3, Rule 140).
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AUTOMATIC
CONVERSION
OF
ADMINISTRATIVE CASES TO DISCIPLINARY
PROCEEDINGS
Pursuant
to
A.M.
No.
02-9-02-SC,
administrative cases against justices of the
Court of Appeals and the Sandiganbayan,
judges of regular and special courts, and court
officials who are lawyers, shall also be
considered a disciplinary action against them, if
they are based on grounds which are likewise
grounds for the disciplinary action of members
of the bar for:
(1) Violation of the Lawyer's Oath;
(2) Violation of the Code of Professional
Responsibility;
(3) Violation of the Canons of Professional
Ethics; or
(4) Such other forms of breaches of conduct that
have been traditionally recognized as
grounds for the discipline of lawyers.
Serious charges:
(1) Bribery, direct or indirect;
(2) Dishonesty and violations of the Anti-Graft
and Corrupt Practices Law (RA 3019);
(3) Gross misconduct constituting violations of
the Code of Judicial Conduct;
(4) Knowingly rendering an unjust judgment or
order as determined by a competent court
in an appropriate proceeding;
(5) Conviction of a crime involving moral
turpitude;
(6) Willful failure to pay a just debt;
(7) Borrowing money or property from lawyers
and litigants in a case pending before the
court;
(8) Immorality;
(9) Gross ignorance of the law or procedure;
(10) Partisan political activities; and
(11) Alcoholism and/or vicious habits (Section
8, Rule 140).
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Light charges:
(1) Vulgar and unbecoming conduct;
(2) Gambling in public;
(3) Fraternizing with lawyers and litigants with
pending case/cases in his court; and
(4) Undue delay in the submission of monthly
reports.
ILLUSTRATIVE CASES
The following have been subject to discipline by
the Supreme Court:
(1) Failure to deposit funds with the municipal
treasurer or produce them despite promise
to do so [Montemayor v. Collado (1981)];
(2) Misappropriation of fiduciary funds (i.e.,
proceeds of cash bail bond) by depositing
the check in a personal account, thus
converting the trust fund to personal use
[Barja v. Beracio (1976)];
(3) Extorting money from a party-litigant who
has a pending case [Haw Tay v. Singayao
(1988)]:
(4) Solicitation of donation for office
equipment [Lecaroz v. Garcia (1981)];
(5) Frequent unauthorized absences in office
[Municipal Council of Casiguruhan, Quezon
v. Morales (1974)];
(6) Delay in the disposition of cases in violation
of the canon that a judge must promptly
dispose of all matters submitted to him
[Balagot v. Opinion (1991)];
(7) Unduly granting repeated motions for
postponement [Araza v. Reyes (1975)];
(8) Unawareness of or unfamiliarity with the
application of the Indeterminate Sentence
Law and duration and graduation of
penalties [In re: Paulin (1980)];
(9) Reducing to a ridiculous amount (i.e.,
P6,000.00) the bail bond of the accused in
a murder case, enabling him to escape the
toils of the law [Soriano v. Mabbayad
(1975)].
(10) Imposing the penalty of subsidiary
imprisonment on a party for failure to pay
civil indemnity in violation of RA 5465
[Monsanto v. Palarca (1983)].
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Disqualification of Justices
and Judges
COMPULSORY
(Section 1, 1st par., Rule 137). No judge or judicial
officer shall sit in any case, without the written
consent of all parties in interest and entered
upon the record, in which:
(1) He, or his wife or child, is pecuniarily
interested as heir, legatee, creditor or
otherwise;
(2) He is related to either party within the sixth
degree of consanguinity or affinity, or to
counsel within the fourth degree, computed
according to the rules of the civil law;
(3) He has been executor, administrator,
guardian, trustee or counsel; or
(4) He has presided in any inferior court when
his ruling or decision is the subject of review.
The rule on compulsory disqualification of a
judge to hear a case rests on the salutary
principle that no judge should preside in a
case in which he is not wholly free,
disinterested, impartial and independent. A
judge has both the duty of rendering a just
decision and the duty of doing it in a manner
completely free from suspicion as to its
fairness and as to his integrity.
The law conclusively presumes that a judge
cannot objectively or impartially sit in such a
case and, for that reason, prohibits him and
strikes at his authority to hear and decide it, in
the absence of written consent of all parties
concerned. The purpose is to preserve the
people's faith and confidence in the courts'
justice (Garcia v. De La Pena 1994).
The relationship of the judge with one of the
parties may color the facts and distort the law
to the prejudice of a just decision. Where this
is probable or even only possible, due process
demands that the judge inhibit himself, if only
out of a sense of delicadeza [Javier v.
Commission on Elections (1996)].
VOLUNTARY
(Section 1, 2nd par., Rule 137). A judge may, in the
exercise of his sound discretion, disqualify himself
from sitting in a case, for just or valid reasons
other than those mentioned.
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INTERLOCUTORY
ORDERS
OUT
OF
PROVINCE
When within the district but without the
province, a judge of Regional Trial Court shall
nevertheless have power to hear and determine
any interlocutory motion or issue after due and
reasonable notice to the parties.
CLERKS OFFICE
The clerks office, with the clerk or his deputy in
attendance, shall be open during business
hours on all days, except Sundays and legal
holidays. The clerk of the Supreme Court and
that of the Court of Appeals shall keep the office
in Manila and all papers authorized or required
to be filed therein shall be filed in Manila
(Section 3, Rule 136).
ISSUANCE OF PROCESS
(1) The clerk of a superior court shall issue under
the seal of the court all ordinary writs and
process incident to pending cases, the
issuance of which does not involve the
exercise of functions appertaining to the
court or judge only.
(2) The clerk may, under the direction of the
court or judge, make out and sign letters of
administration, appointments of guardians,
trustees and receivers, and all writs and
process issuing from the court.
RECEPTION
OF
PAPERS
PREPARATION OF MINUTES
The clerk of each superior court shall:
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SAFEKEEPING OF PROPERTY
The clerk shall safely keep all records, papers,
files, exhibits and public property committed to
his charge, including the library of the court,
and the seal and furniture belonging to his
office (Section 7, Rule 136).
KEEPING A GENERAL DOCKET
The clerk shall keep a general docket, each
page of which shall be numbered and prepared
for receiving all the entries in a single case.
The following shall be entered in the docket, so
that by reference to a single page, the history of
a case may be seen:
(1) All cases, numbered consecutively in the
order in which they were received;
(2) Under the heading of each case and a
complete title thereof:
(a) The date of each paper filed or issued;
(b) Each order or judgment entered;and
(c) Each other step taken in the case (Section
8, Rule 136).
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STENOGRAPHER
It shall be the duty of the stenographer who
has attended a session of a court either in the
morning or in the afternoon, to deliver to the
clerk of court, immediately at the close of
such morning or afternoon session, all the
notes he has taken, to be attached to the
record of the case.
It shall likewise be the duty of the clerk to
demand that the stenographer comply with
said duty. The clerk of court shall stamp the
date on which notes are received by him.
When such notes are transcribed, the
transcript shall be delivered to the clerk, duly
initialed on each page thereof, to be attached
to the record of the case.
Whenever requested by a party, any
statement made by a judge of first instance,
or by a commissioner, with reference to a case
being tried by him, or to any of the parties
thereto, or to any witness or attorney, during
the hearing of such case, shall be made of
record in the stenographic notes (Section 17,
Rule 136).
He shall also:
(1) Keep all the pleadings and other papers
and exhibits in cases pending in his
court;and
(2) Certify copies of his docket entries and
other records proper to be certified, for the
fees prescribed by the Rules of Court.
It shall not be necessary for the municipal or
city judge to reduce to writing the testimony
of witnesses, except that of the accused in
preliminary investigations.
Legal Fees
MANNER OF PAYMENT
Upon the filing of the pleading or other
application which initiates an action or
proceeding, the fees prescribed therefor shall be
paid in full (Section 1, Rule 141).
FEES IN LIEN
The party concerned shall pay additional fees,
where the court in its final judgment awards:
(1) A claim not alleged; or
(2) A relief different from, or more than that
claimed in the pleading.
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NON-APPEARANCE OF WITNESS
If a witness fails to appear at the time and place
specified in the subpoena issued by any inferior
court, the costs of the warrant of arrest and of
the arrest of the witness shall be paid by the
witness if the court shall determine that his
failure to answer the subpoena was willful or
without just excuse (Section 12, Rule 142).
Recovery of Costs
PREVAILING PARTY
Unless otherwise provided in the Rules of Court,
costs shall be allowed to the prevailing party as
a matter of course, but the court shall have
power, for special reasons, to adjudge:
(1) That either party shall pay the costs of an
action; or
(2) That the same shall be divided between
them, as may be equitable.
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