Вы находитесь на странице: 1из 36

San Beda College of Law

1
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
I. LEGAL ETHICS

PRELIMINARY MATTERS privilege. It is not a right granted to any one who


demands it but a privilege to be extended or
Legal Ethics branch of moral science which withheld in the exercise of sound judicial discretion.
treats of the duties which an attorney owes to the It is in the nature of a franchise conferred only for
court, to his client, to his colleagues in the merit which must be earned by hard study,
profession and to the public. learning and good conduct. It is a privilege
- It is the embodiment of all principles of accorded only to those who measure up to certain
morality and refinement that should govern the rigid standards of mental and moral fitness. Those
conduct of every member of the bar. standards are neither dispensed with nor lowered
after admission. The attorneys continued
PRIMARY CHARACTERISTICS WHICH enjoyment of the privilege conferred depends upon
DISTINGUISH THE LEGAL PROFESSION FROM his complying with the ethics and rules of 333the
BUSINESS profession.
But practice of law is in the nature of a
1. A duty of public service right. While the practice of law is a privilege, a
2. A relation, as an officer of the court, to lawyer cannot be prevented from practicing law
the administration of justice involving except for valid reasons, the practice of law not
thorough sincerity, integrity and reliability being a matter of states grace or favor. He holds
3. A relation to clients with the highest office during good behavior and can only be
degree of fiduciary deprived of it for misconduct ascertained and
4. A relation to the colleagues at the bar declared by judgment of the Supreme Court after
characterized by candor, fairness and opportunity to be heard has been afforded him.
unwillingness to resort to current business The state cannot exclude an attorney from the
methods of advertising and encroachment practice of law in a manner or for reasons that
on their practice, or dealing directly with contravene the due process or equal protection
their clients. clause of the Constitution.
PRACTICE OF LAW POWER TO REGULATE THE PRACTICE OF LAW
CASE: Any activity in or out of court which CASES: The Constitution [Art. VIII, Sec. 5(5)]
requires the application of law, legal principle, vests this power of control and regulation in the
practice or procedure and calls for legal Supreme Court. The constitutional power to
knowledge, training and experience. (Cayetano vs admit candidates to the legal profession is a
Monsod, 201 SCRA 210) judicial function and involves the exercise of
Strictly speaking, the word practice of law discretion. Petition to that end is filed with the
implies the customary or habitual holding of Supreme Court as are other proceedings invoking
oneself to the public as a lawyer and demanding judicial function [In re: Almacen 31 SCRA 562]
compensation for his services. [People vs. The SC acts through a Bar Examination
Villanueva 14 SCRA 111] Committee in the exercise of its judicial function to
admit candidates to the legal profession. Thus, the
Committee is composed of a member of the Court
who acts as Chairman and 8 members of the bar
who acts as examiners in the 8 bar subjects with
one subject assigned to each. [In re Lanuevo, 66
ESSENTIAL CRITERIA DETERMINATIVE OF SCRA 245]
ENGAGING IN THE PRACTICE OF LAW: (HACA) The power of the SC to regulate the practice of
1. Habituality- implies customarily or law includes the authority to:
habitually holding oneself out to the 1. Define the term
public as a lawyer 2. Prescribe the qualifications of a candidate
2. Compensation- implies that one must to and the subjects of the bar
have presented himself to be in the active examinations
practice and that his professional services 3. Decide who will be admitted to practice
are available to the public for 4. Discipline, suspend or disbar any unfit and
compensation, as a source of his unworthy member of the bar
livelihood or in consideration of his said 5. Reinstate any disbarred or indefinitely
services. suspended attorney
3. Application of law, legal principle, 6. Ordain the integration of the Philippine
practice, or procedure which calls for Bar
legal knowledge, training and experience 7. Punish for contempt any person for
4. Attorney client relationship unauthorized practice of law
8. Exercise overall supervision of the legal
PRIVATE PRACTICE profession
Private practice is more than an isolated 9. Exercise any other power as may be
appearance for it consists of frequent or customary necessary to elevate the standards of the
actions, a succession of acts of the same kind. bar and preserve its integrity.
NOTE: An isolated appearance does not On the other hand, the LEGISLATURE, in the
amount to practice of law of a public officer if exercise of its POLICE POWER may, however, enact
allowed by his superior in exceptional cases. laws regulating the practice of law to protect the
public and promote the public welfare. But the
NOTE: The practice of law is not a natural, legislature MAY NOT pass a law that will control the
property or constitutional right but a mere SC in the performance of its function to decide who
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
2 2005 CENTRALIZED BAR OPERATIONS

may enjoy the privilege of practicing law and any which is contrary to the usually accepted and
law of that kind is unconstitutional as an invalid customary rule of right and duty which a person
exercise of legislative power. should follow.

ACADEMIC REQUIREMENTS FOR THE


WHO MAY PRACTICE LAW? CANDIDATES
1. Must have already earned a Bachelors
Any person heretofore duly admitted as a Degree in Arts or Sciences (Pre-law)
member of the bar, or hereafter admitted as such 2. Law Course completed courses in Civil
in accordance with the provisions of this rule, and Law, Commercial Law, Remedial Law,
who is in good and regular standing, is entitled to Criminal Law, Public and International
practice law. [Sec. 1, Rule 138] Law, Political Law, Labor and Social
Legislation, Medical Jurisprudence,
Taxation, Legal Ethics. [Sec. 5 and 6, Rule
138]
REQUIREMENTS BEFORE A CANDIDATE CAN
ENGAGE IN THE PRACTICE OF LAW
I. He must have been admitted to the Bar APPEARANCE OF NON-LAWYER IN COURT
a. Furnishing satisfactory proof of
educational, moral and other qualification; MAY A NON-LAWYER APPEAR IN COURT?
b. Passing the bar General Rule: Only those who are licensed to
c. Taking the Lawyers Oath before the SC practice law can appear and handle cases in court.
A lawyers oath signifies that the
lawyer in taking such an oath accepts and
Exceptions:
affirms his ethical obligations in the
performance of his duties as a lawyer and 1. Before the MTC - a party may conduct his
signifies likewise his awareness of his case or litigation in person with the aid of an
responsibilities that he assumes by his agent or friend appointed by him. [Sec. 34,
admission to the legal profession. Rule 138]
d. Signing the Attorneys Roll and receiving 2. Before any court a party may conduct his
from the Clerk of Court of the SC a litigation personally. But he gets someone to
Certificate of the license to practice aid him and that someone must be an
II. After his admission to the bar, a lawyer must authorized member of the Bar [Sec. 34, Rule
remain in good and regular standing, which is a 138]. He is bound by the same rules in
continuing requirement for the practice of law. He conducting the trial of his case. He cannot,
must: after judgment, claim that he was not properly
a. Remain a member of the IBP (membership represented.
therein by every attorney is made 3. In a criminal case before the MTC in a
compulsory); locality where a duly licensed member of the
b. Regularly pay all IBP membership dues Bar is not available, the judge may appoint a
and other lawful assessments, as well as non-lawyer who is a resident of that province,
the annual privilege tax; of good repute for probity and ability to the
c. Faithfully observe the rules and ethics of accused in his defense. [Sec. 7, Rule 116]
the legal profession; and 4. Student Practice Rule - A law student who
d. Be continually subject to judicial has successfully completed his 3rd year of the
disciplinary control. regular 4-year prescribed law curriculum and is
enrolled in a recognized law schools clinical
legal education program approved by the
SC may appear without compensation in any
BASIC REQUIREMENTS FOR ADMISSION TO
civil, criminal or administrative case before
THE BAR any trial court, tribunal, board or officer, to
Under Section 2, 5 and 6, Rule 138, the applicant represent indigent clients accepted by the
must be: Legal Clinic of the school. [Sec. 1, Rule 138-A]
1. Citizen of the Philippines; The student shall be under the direct
2. At least 21 years of age; supervision and control of a member of the IBP
3. Of good moral character; duly accredited by the law school. [Sec. 2]
(Note: This is a continuing requirement.) 5. Under the Labor Code non-lawyers may
4. Resident of the Philippines; appear before the NLRC or any Labor Arbiter if
5. Must produce before the SC satisfactory they (a) represent themselves; (b) represent
evidence of good moral character; their organization or members thereof [Art.
6. No charges against him, involving moral 222, PD 442]
turpitude, have been filed or are pending 6. A non-lawyer may represent a claimant before
in any court in the Phil. [Sec. 2, Rule the Cadastral Court [Sec. 9, Act. No. 2259]
138]; 7. Any person appointed to appear for the
7. Must have complied with the academic government of the Philippines in accordance
requirements; with law [Sec. 33, Rule 138]
8. Pass the bar examinations.
LIMITATIONS ON APPEARANCE OF NON-
Moral Turpitude imports an act of baseness, LAWYERS BEFORE THE COURTS
vileness or depravity in the duties which one 1. He should confine his work to non-
person owes to another or to society in general adversary contentions. He should not
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
3
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
undertake purely legal work, such as the RULES ON PUBLIC OFFICIALS REGARDING
examination or cross-examination of PRACTICE OF LAW
witnesses, or the presentation of
evidence.
2. Services should not be habitually PUBLIC OFFICIALS WHO CANNOT PRACTICE
rendered. LAW IN THE PHILIPPINES
3. Should not charge or collect attorneys 1. Judges and other officials or employees of
fees. [PAFLU vs. Binalbagan Isabela the superior court
Sugar Co. 42 SCRA 302] 2. Officials and employees of the Office of
the Solicitor General
RIGHT OF PARTY TO REPRESENT HIMSELF 3. Government Prosecutors
Civil Cases: An individual litigant has the right to 4. President, Vice-President, members of the
conduct his litigation personally. Cabinet, their deputies and assistants
Criminal Cases: Involving grave and less grave 5. Chairmen and members of the
offenses, an accused who is a layman must always Constitutional Commissions
appear by counsel; he CANNOT conduct his own 6. Ombudsman and his deputies
defense, as his right to counsel may NOT be 7. Governors, city and municipal mayors
waived without violating his right to due process of 8. Those who, by special law are prohibited
law. from engaging in the practice of their
By a Juridical Person: A juridical person must legal profession
always appear in court by a duly licensed member
of the bar, except in the municipal trial court where PUBLIC OFFICIALS WITH RESTRICTIONS IN
it may be represented by its agent or officer who THE PRACTICE OF LAW
need not be a lawyer.
1. Senators and Members of the House of
Representatives
PARTNERSHIP WITH NON-LAWYERS VOID 2. Members of the Sanggunian
In the formation of partnership for the practice 3. Retired Justice or Judge
of law, no person should be admitted or held out as 4. Civil Service officers or employees without
a practitioner or member who is not a member of permit from their respective department
the legal profession duly authorized to practice, heads [Noriega vs. Sison 125 SCRA 293]
and amenable to professional discipline.
RESTRICTIONS IN THE PRACTICE OF LAW OF
PRACTICE BY CORPORATION MEMBERS OF LEGISLATURE
It is well settled that a corporation
CANNOT engage in the practice of law. It may, CASES: A lawyer-member of the legislature is
however, hire an attorney to attend to and conduct only prohibited from appearing as counsel before
its own legal business or affairs. But it cannot any court of justice, electoral tribunals or quasi-
practice law directly or indirectly by employing a judicial and administrative bodies. The word
lawyer to practice for it or to appear for others for appearance includes not only arguing a case
its benefit. before any such body but also filing a pleading on
Reasons: behalf of a client as by simply filing a formal
1. Nature of the privilege and on the confidential motion, plea or answer. [Ramos vs. Manalac 89
and trust relation between attorney and Phil 270]
client. Neither can he allow his name to appear
2. A corporation cannot perform the conditions in such pleading by itself or as part of a firm name
required for membership in the bar, such as under the signature of another qualified lawyer
the possession of good moral character and because the signature of an agent amounts to
other special disqualifications, the taking of signing of a non-qualified senator or congressman,
an oath and becoming an officer of the court, the office of an attorney being originally of agency,
subject to its discipline, suspension or and because he will, by such act, be appearing in
removal. court or quasi-judicial or administrative body in
3. The relation of trust and confidence cannot violation of the constitutional restriction. He
arise where the attorney is employed by a cannot do indirectly what the Constitution prohibits
corporation to practice for it, his employer directly. [In re: David 93 PHIL 461]
and he owing, at best, a secondary and
divided loyalty to the clientele of his RESTRICTIONS IN THE PRACTICE OF LAW OF
corporate employer. THE MEMBERS OF THE SANGGUNIAN
4. The intervention of the corporation is
They shall not:
destructive of that confidential and trust
1. Appear as counsel before any court in any
relation and is obnoxious to the law.
civil case wherein a local government unit
or any office, agency or instrumentality of
PERSONS AUTHORIZED TO REPRESENT THE
the government is the adverse party;
GOVERNMENT
2. Appear as counsel in any criminal case
Any official or other person appointed or
wherein an officer or employee of the
designated in accordance with law to appear for
national or local government is accused of
the government of the Philippines or any of its
an offense committed in relation to his
officials shall have all the rights of a duly
office;
authorized member of the bar to appear in any
3. Collect any fee for their appearance in
case in which the government has an interest,
administrative proceedings involving the
direct or indirect, or in which such official is
local government unit of which he is an
charged in his official capacity.
official. [Sec. 90, R.A. 7160]

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE


CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
4 2005 CENTRALIZED BAR OPERATIONS

4. Use property and personnel of the processes, assist in the administration of


government except when the Sanggunian justice.
member concerned is defending the 2. Bar- candor, fairness, courtesy and
interest of the government
truthfulness, avoid encroachment in the
RESTRICTIONS IN THE PRACTICE OF LAW OF business of other lawyers, uphold the honor
RETIRED JUSTICE/JUDGE of the profession.
As a condition of the pension provided under 3. Client- entire devotion to clients interest.
R.A. 910, no retiring justice or judge of a court of 4. Public- should not violate his responsibility to
record or city or municipality judge during the time society, exemplar for uprighteousness, ready
that he is receiving said pension shall: to render legal aid, foster social reforms,
Appear as counsel before any court in: guardian of due process, aware of special role
a. Any civil case wherein the government in the solution of special problems and be
or any subdivision or instrumentality always ready to lend assistance in the study
thereof is the adverse party; and solution of social problems.
b. Any criminal case wherein an officer or
an employee of the government is SPECIFIC DUTIES OF A LAWYER (SEC. 20,
accused of an offense committed in RULE 138) [C2A2R2E2D]
relation to his office. 1. To maintain Allegiance to the Republic of
2. Collect any fees for his appearance in any the Philippines and to support the
administrative proceedings to maintain an Constitution and obey the laws of the
interest adverse to the government, Philippines;
provincial or municipal, or to any of its legally 2. To observe and maintain the Respect due
constituted officers [Sec 1, RA 910]. to the courts of justice and judicial
officers;
REMEDIES AGAINST UNAUTHORIZED 3. To Counsel and maintain the respect due
PRACTICE (DICED) to the courts of justice and judicial
1. Petition for Injunction officers;
2. Declaratory Relief 4. To Employ, for the purpose of maintaining
3. Contempt of Court the causes confided to him, such means
4. Disqualification and complaints for only as are consistent with truth and
disbarment honor, and never seek to mislead the
5. Criminal complaint for estafa against a judge or any judicial officer by an artifice
person who falsely represented to be an or false statement of fact or law;
attorney to the damage of a party 5. To maintain inviolate the Confidence and
at every peril to himself, to preserve the
secrets in connection with his client and to
PRIVILEGES AND DUTIES OF A LAWYER accept no compensation in connection
with his clients business except from him
PRIVILEGES OF AN ATTORNEY: or with his knowledge and approval;
1. To practice law during good behavior before 6. To Abstain from all offensive personality
any judicial, quasi-judicial, or administrative and to advance no fact prejudicial to the
tribunal. honor and reputation of a party or
2. The first one to sit in judgment on every case, witness, unless required by the justice of
to set the judicial machinery in motion. the cause with which he is charged;
3. Enjoys the presumption of regularity in the 7. Not to Encourage either the
discharge of his duty. commencement or the continuance of an
4. He is immune, in the performance of his action or proceeding, or delay any mans
obligation to his client, from liability to a third cause, from any corrupt motive or
person insofar as he does not materially interest;
depart from his character as a quasi-judicial 8. Never to Reject, for any consideration
officer. personal to himself, the cause of the
5. His statements, if relevant, pertinent or defenseless or oppressed;
material to the subject of judicial inquiry are 9. In the Defense of a person accused of
absolutely privileged regardless of their crime, by all fair and honorable means,
defamatory tenor and of the presence of regardless of his personal opinion as to
malice. the guilt of the accused, to present every
defense that the law permits to the end
OTHER PRIVILEGES: that no person may be deprived of life or
First grade civil service eligibility for any position in liberty, but by due process of law.
the classified service in the government the
duties of which require knowledge of law. DUTY OF COUNSEL DE OFICIO
Second grade civil service eligibility for any other A counsel de oficio is expected to render
government position which does not prescribe effective service and to exert his best efforts on
proficiency in law as a qualification. behalf of an indigent accused. He has as high a
duty to a poor litigant as to a paying client. He
FOUR-FOLD DUTIES OF A LAWYER should have a bigger dose of social conscience and
1. Court- respect or defend against criticisms, a little less of self-interest.
uphold authority and dignity, obey order and

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT


CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
5
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
ROLE OF PRIVATE PROSECUTOR POWERS AND LIMITATIONS OF NOTARIES
A private prosecutor may intervene in the PUBLIC
prosecution of a criminal action when the offended POWERS
party is entitled to indemnity and has not waived A notary public is empowered to do
expressly, reserved or instituted the civil action for the following acts: (JAOSAC)
damages. He may prosecute the accused up to the
1. Acknowledgments;
end of the trial even in the absence of the public
2. Oaths and affirmations;
prosecutor if authorized by the chief of the
3. Jurats;
prosecution office or the Regional State Prosecutor
4. Signature witnessings;
subject to the approval of the court (Sec. 5, Rule
5. Copy certifications; and
110; Rules of Court dated May 1, 2002).
6. Any other act authorized by these
Rules.
A notary public is authorized to certify
THE LAWYERS OATH
the affixing of a signature by thumb or other
mark on an instrument or document presented
I, ____________, do solemnly swear that I for notarization if:
will maintain allegiance to the Republic of the 1. The thumb or other mark is affixed in
Philippines; I will support its Constitution and obey the presence of the notary public and
the laws as well as the legal orders of the duly of two (2) disinterested and
constituted authorities therein; I will do no unaffected witnesses to the
falsehood, nor consent to the doing of any in court; instrument or document;
I will not wittingly or willingly promote or sue any 2. Both witnesses sign their own names
groundless, false or unlawful suit, nor give aid nor in addition to the thumb or other
consent to the same; I will delay no man for money mark;
or malice and will conduct myself as a lawyer 3. The notary public writes below the
according to the best of my knowledge and thumb or other mark: Thumb or
discretion with all good fidelity as well to the courts Other Mark affixed by (name of
as to my clients; and I impose upon myself this signatory by mark) in the presence of
voluntary obligation without any mental (names and addresses of witnesses)
reservation or purpose of evasion. So help me and undersigned notary public, and
God. 4. The notary public notarizes the
signature by thumb or other mark
through an acknowledgment, jurat or
NOTARY PUBLIC signature witnessing.
A notary public is authorized to sign
A person appointed by the court whose on behalf of a person who is physically unable
duty is to attest to the genuineness of any deed or to sign or make a mark on an instrument or
writing inorder to render them available as document if:
evidence of facts stated therein and who is 1. The notary public is directed by the
authorized by the statute to administer various person unable to sign or make a mark
oaths. to sign on his behalf;
2. The signature of the notary public is
affixed in the presence of two (2)
A.M. No. 02-8-13-SC: Rules on Notarial disinterested and unaffected
Practice of 2004 witnesses to the instrument or
(August 1, 2004) document;
3. Both witnesses sign their own names;
QUALIFICATIONS OF A NOTARY PUBLIC 4. The notary public writes below his
1. Must be citizen of the Philippines signature: Signature affixed by
2. Must be over twenty-one (21) years of age notary in the presence of (names and
3. Must be a resident in the Philippines for at addresses of person and two (2)
least one (1) year and maintains a regular witnesses), and
place of work or business in the city or 5. The notary public notarizes his
province where the commission is to be signature by acknowledgment or jurat
issued (Rule IV, Section 1).
4. Must be a member of the Philippine Bar in
good standing with clearances from the PROHIBITIONS
Office of the Bar Confidant of the Supreme General Rule: A notary public shall not perform a
Court and the Integrated Bar of the
notarial act outside his regular place of work or
Philippines
5. Must not have been convicted in the first business.
instance of any crime involving moral Exceptions: A notarial act may be performed at
turpitude (Rule III, Section 1) the request of the parties in the following sites
located within his territorial jurisdiction:
JURISDICTION AND TERM
a. Public offices, convention halls and similar
A notary public may perform notarial acts
places where oaths of office may be
in any place within the territorial jurisdiction of
administered;
the commissioning court for a period of two (2)
b. Public function areas in hotels and similar
years commencing on the 1 st day of January of
places for the signing of instruments or
the year in which the commissioning is made
documents requiring notarization;
UNLESS earlier revoked or the notary public
c. Hospitals and medical institutions where a
has resigned according to these Rules and the
party to the instrument or document is
Rules of Court (Rule III, Section 11).
confined for treatment; and
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
6 2005 CENTRALIZED BAR OPERATIONS

d. Any place where a party to the instrument commissioned, the expiration date of the
or document requiring notarization is commission and the office address of the
under detention. notary public; and
4) The Roll of Attorneys number, the
A person shall not Professional Tax Receipt number and the
perform a notarial act if: place and date of issuance thereof and
1. the person involved as signatory to the IBP Membership number (Rule VIII,
the instrument or document- Section 2).
a. Is not in the notarys presence at
the time of the notarization; and REVOCATION OF COMMISSION
b. Is not personally known to the The Executive Judge shall revoke a commission
notary public or otherwise for any ground on which an application for a
identified by the notary public commission may be denied.
through competent evidence of In addition, the Executive Judge may revoke
identity as defined by these the commission of or impose sanctions upon any
Rules (Rule IV, Section 2). notary public who:
2. the certificate containing an 1) Fails to keep a notarial register;
information known or believed to be 2) Fails to make the appropriate entry
false; and or entries in his notarial register
3. he shall not affix an official signature concerning his notarial acts;
or seal on a notarial certificate that is 3) Fails to send the copy of the entries
incomplete (Rule IV, Section 5). to the Executive Judge within the first ten
(10) days of the month following;
DISQUALIFICATIONS 4) Fails to affix to acknowledgments the
A notary public is disqualified from performing a date of expiration of his commission;
notarial if he: 5) Fails to submit his notarial register,
1) Is a party to the instrument or document; when filled, to the Executive Judge;
2) Will receive, as a direct or indirect result 6) Fails to make his report, within a
any commission, fee, advantage, right, reasonable time, to the Executive Judge
title, interest, cash, property, or other concerning the performance of his duties,
consideration, except as provided that is as may be required by the Judge;
to be notarized; 7) Fails to require the presence of the
3) Is a spouse, common-law partner, principal at the time of the notarial act;
ancestor, descendant, or relative by 8) Fails to identify a principal on the
affinity or consanguinity of the principal basis of personal knowledge or competent
within the fourth civil degree (Rule IV, evidence;
Section 3). 9) Executes a false or incomplete
certificate under Section 5, Rule IV;
When notary public may refuse to notarize 10) Knowingly performs or fails to
even if appropriate fee is tendered: perform any other act prohibited or
1) When the notary knows or has good mandated by these Rules; and
reason to believe that the notarial act or 11) Commits any other dereliction or act
transaction is unlawful or immoral. which in the judgment of the Executive
2) When the signatory shows a Judge constitutes good cause for the
demeanor which engenders in the mind of revocation of the commission or
the notary public reasonable doubt as to imposition of administrative sanction
the formers knowledge of the (Rule XI, Section 1).
consequences of the transaction requiring
a notarial act. PUNISHABLE ACTS
3) If in the notarys judgment, the The Executive Judge shall cause the
signatory is not acting in his/her own free prosecution of any person who:
will (Rule IV, Section 4). 1) Knowingly acts or otherwise
4) If the document or instrument to be impersonates a notary public;
notarized is considered as an improper 2) Knowingly obtains, conceals,
document by these Rules. defaces, or destroys the seal, notarial
register, or official records of a notary
NOTE: A blank or incomplete instrument or public; and
document OR an instrument or document without 3) Knowingly solicits, coerces, or in
appropriate notarial certification is considered an any way influences a notary public to
Improper Instrument/Document (Rule IV, Section commit official misconduct (Rule XII,
6). Section 1).

NOTARIAL CERTIFICATES
Contents of the Concluding part of the Notarial TERMS TO REMEMBER
Certificate:
1) The name of the notary public as exactly Amicus Curiae- is an experienced and impartial
indicated in the commission; attorney invited by the court to appear and
2) The serial number of the commission of
help in the disposition of the issues submitted
the notary public;
3) The words Notary Public and the to it. It implies friendly intervention of counsel
province or city where the notary public is to call the attention of the court to some

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT


CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
7
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
matters of law or facts which might otherwise House Counsel one who acts as attorney for
escape its notice and in regard to which it business though carried as an employee of
might go wrong. An amicus curiae appears in that business and not as an independent
court not to represent any particular party but lawyer.
only to assist the court.
Lawyer this is the general term for a person
Amicus Curiae par excellence bar associations trained in the law and authorized to advice
who appear in court as amici curiae or friends and represent others in legal matters
of the court. Acts merely as a consultant to
guide the court in a doubtful question or issue Lead Counsel the counsel on either side of a
pending before it. litigated action who is charged with the
principal management and direction of a
Attorney ad hoc- a person named appointed by partys case, as distinguished from his juniors
the court to defend an absentee defendant in or subordinates.
the suit in which the appointment is made.
Of Counsel an experienced lawyer, usually a
Attorneys-At-Law that class of persons who are retired member of the judiciary, employed by
licensed officers of the courts empowered to
appear, prosecute and defend, and upon law firms as consultants.
whom peculiar duties, responsibilities and
liabilities are developed by law as a Practicing Lawyer one engaged in the practice
consequence. of law who by license are officers of the court
and who are empowered to appear, prosecute
Attorney in fact- simply an agent whose and defend a clients cause.
authority is strictly limited by the instrument
Pro Se - an appearance by a lawyer in his own
appointing him. His authority is provided in a
behalf.
special power of attorney or general power of
attorney or letter of attorney. He is not
necessarily a lawyer. Trial Lawyer one who personally handles cases
in court, administrative agencies of boards
Attorney of record- the attorney whose name is which means engaging in actual trial work,
entered in the records of an action or suit as the either for the prosecution or for the defense
lawyer of a designated party thereto. of cases of clients.
II .THE CANONS OF PROFESSIONAL
Bar and Bench Bar refers to the whole body of RESPONSIBILITY
attorneys and counselors collectively, the
members of the legal profession: Bench Chapter I: The Lawyer and Society
denotes the whole body of judges. CANON -
Bar Association an association of members of 1. Uphold the Constitution and obey the
the legal profession like the IBP where laws of the land
membership is integrated or compulsory. 2. Make legal services available in an
efficient and convenient manner
Client one who engages the services of a lawyer 3. Use of true, honest, fair, dignified and
for legal advice or for purposes of prosecuting objective information in making
or defending a suit in behalf and usually for a known legal services
fee. 4. Participate in the improvement of the
legal system
Counsel/Attorney de oficio an attorney 5. Keep abreast of legal development
appointed by the court to defend an indigent and participate in continuing legal
defendant in a criminal action. education program and assist in
In a criminal action, if the defendant disseminating information regarding
appears without an attorney, he must be the law and jurisprudence
informed by the court that it is his right to 6. Applicability of the CPR to lawyers in
have an attorney before being arraigned and the government service
must be asked if he desires the aid of an
attorney. If he desires and is unable to employ Chapter II: The Lawyer and the Legal
an attorney, the court must assign a counsel
Profession
de oficio to defend him. He is also designated
as counsel of indigent litigants. The CANON -
appointment of a counsel de oficio in that 7. At all times uphold the integrity and
instance is a matter of right on the part of the dignity of the Profession and support
defendant. the activities of the IBP
On appeal in a criminal case, the 8. Conduct himself with courtesy,
appellate court must also appoint a counsel fairness and candor toward his
de oficio if, as shown by the certificate of the colleagues and avoid harassing
clerk of court of the trial court, a defendant tactics
(a) is confined in prison, (b) without means to 9. Not to directly or indirectly assist in
employ an attorney, (c) desires to be the unauthorized practice of law
defended de oficio.

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE


CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
8 2005 CENTRALIZED BAR OPERATIONS

Chapter III: The Lawyer and the Courts


CANON - A lawyer shall refrain from committing
10. Owes candor, fairness and good faith barratry and ambulance chasing of cases.
to the court
11. Observe and maintain the respect Barratry offense of frequently inciting and
due courts and judicial officers stirring up quarrels and suits. The lawyers act of
12. Duty to assist in the speedy and fomenting suits among individuals and offering his
efficient administration of justice legal services to one of them
13. Rely upon the merits of his cause,
refrain from any impropriety which Ambulance Chasing a lawyers act of chasing
tends to influence courts, or give the the victims of an accident for the purpose of
appearance of influencing the court talking to the same victim or the latters relatives
Chapter IV: The Lawyer and the Client and offering his legal services for the filing of the
CANON - case against the person who caused the accident.
14. Not to refuse his services to the
needy Ambulance Chaser is a lawyer who haunts
15. Observe candor, fairness and loyalty hospitals and visits the homes of the afflicted,
in all his dealings and transactions officiously intruding their presence and persistently
with clients offering his service on the basis of a contingent.
16. Hold in trust all the moneys and
property of his client that may come Ambulance chasing has spawned recognized
to his possession evils such as: (FSMD)
17. Owes fidelity to clients cause and be 1. Fomenting of litigation with resulting
mindful of the trust and confidence burdens on the courts and the public.
reposed in him 2. Subornation of perjury.
18. Serve client with competence and 3. Mulcting of innocent persons by
diligence judgments, upon manufactured causes of
19. Represent client with zeal and within action.
the bounds of law 4. Defrauding of injured persons having
20. Charge only fair and reasonable fees proper causes of action but ignorant of
21. Preserve the confidence and secrets legal rights and court procedures by
of client even after the atty.-client means of contracts which retain
relation is terminated exorbitant percentages of recovery and
22. Withdraw services only for good illegal charges for court costs and
cause and upon notice expenses and by settlement made for
quick returns of fees and against the just
rights of the injured persons.
LAWYERS DUTIES TO SOCIETY
CANON 2: MAKING AVAILABLE EFFICIENT
CANON 1: UPHOLD THE CONSTITUTION AND LEGAL SERVICE
OBEY THE LAWS OF THE LAND A lawyer shall not reject, except for valid
reasons, the cause of the defenseless or the
DISCOURAGING LAW SUITS oppressed. (Rule 2.01)
Under Rule 1.03, a lawyer shall not for any Even if the lawyer does not accept a case,
corrupt motive or interest, encourage any suit or he shall not refuse to render legal advice to the
proceeding or delay any mans cause. person concerned if only to the extent necessary to
CRIME OF MAINTENANCE A lawyer owes to safeguard the latters rights. (Rule 2.02)
society and to the court the duty not to stir up
litigation. The following are unprofessional acts CANON 3: USE OF TRUE, HONEST, FAIR AND
within the prohibition: OBJECTIVE INFORMATION IN MAKING KNOWN
1. Volunteering advice to bring lawsuit except LEGAL SERVICES
where ties of blood, relationship, and trust
make it a duty to do so. ADVERTISING AND SOLICITATION
2. Hunting up defects in titles or other causes General Rule: A lawyer cannot advertise his
of action and informing thereof to be talent, as he is a member of an honorable
employed to bring suit or collect profession whose primary purpose is to render
judgment, or to breed litigation by seeking public service and help secure justice and in which
out claims for personal injuries or any the remuneration is a mere incident.
other grounds to secure them as clients. It is highly unethical for an attorney to
3. Employing agents or runners for like advertise his talents or skill as a merchant
purposes. advertises his wares. [In re: Tagorda 53 Phil 42]
4. Paying direct or indirect reward to those
who bring or influence the bringing of Exceptions:
such cases to his office. 1. Writing legal articles
5. Searching for unknown heirs and soliciting 2. Engaging in business or other
their employment. occupations except when such could be
6. Initiating a meeting of a club and inducing deemed improper, be seen as indirect
them to organize and contest legislation solicitation or would be the equivalent of
under his guidance. law practice.
7. Purchasing notes to collect them by 3. Law lists, but only brief biographical
litigation at a profit. and informative data
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
9
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
4. Ordinary, professional cards THREE-FOLD OBLIGATIONS OF A LAWYER:
5. Notice to other local lawyers and 1. He owes it to himself to continue
publishing in a legal journal of ones improving his knowledge of the law.
availability to act as an associate for them 2. He owes it to his profession to take an
6. The proffer of free legal services to active interest in the maintenance of high
the indigent, even when broadcasted over standards of legal education.
the radio or tendered through circulation 3. He owes it to the lay public to make the
of printed matter to the general public. law a part of their social consciousness.
7. Seeking a public office, which can
only be held by a lawyer or, in a dignified
manner, a position as a full time corporate Bar Matter 850: MANDATORY CONTINUING
counsel. LEGAL EDUCATION (MCLE)
8. Simple announcement of the opening (Adopting the Rules on the Continuing Legal
of a law firm or of changes in the Education for Members of the Integrated Bar of the
partnership, associates, firm name or Philippines)
office address, being for the convenience August 8, 2000
of the profession. Purpose: To ensure that throughout their career,
9. Listing in a phone directory, but not they keep abreast with law and jurisprudence,
under a designation of a special branch of maintain the ethics of the profession and enhance
law. the standards of the practice of law.
10. Activity of an association for the
purpose of legal representation. Requirements of Completion of MCLE
Members of the IBP, unless exempted under
Solicitation of Cases Constitutes Malpractice Rule 7, shall complete every three (3) years at
The law prohibits lawyers from soliciting least 36 hours of continuing legal education
cases for the purpose of gain, either personally or activities. The 36 hours shall be divided as follows:
through paid agents or brokers and makes the act a. 6 hours legal Ethics
malpractice [Rule 138, sec. 27, Rules of Court]. The b. 4 hours trial and pretrial skills
rule prohibits professional touting. Neither shall a c. 5 hours alternative dispute
lawyer charge rates lower than those customarily resolution
prescribed unless the circumstances so warrant. d. 9 hours updates on substantive
and procedural laws and jurisprudence
USE OF LAW FIRM NAME e. 4 hours writing and oral
1. In the choice of a firm name, no false, advocacy
misleading or assumed name shall be used. The f. 2 hours international law and
continued use of the name of a deceased partner is international conventions
permissible provided that the firm indicates in all g. 6 hours such other subjects as
its communications that said partner is deceased. may be prescribed by the Committee on
[Rule 3.02, Code of Professional Responsibility]. MCLE
Hence, the rule abandoned the doctrine laid down
in the case of In re: Sycip, 92 SCRA 1 (1979). Parties Exempted from the MCLE
Reason: All of the partners by their joined efforts 1. The President, Vice-President, and the
over a period of years contributed to the goodwill Secretaries and Undersecretaries of
attached to the firm name, and this goodwill is executive departments;
disturbed by a change in firm name every time a 2. Senators and Members of the House of
partner dies. Representatives;
3. The Chief Justice and Associate Justices of
2. Where a partner accepts public office, he shall the SC, incumbent and retired justices of
withdraw from the firm and his name shall be the judiciary, incumbent members of the
dropped from the firm name unless the law allows Judicial and Bar Council and incumbent
him to practice concurrently. [Rule 3.02, Code of court lawyers covered by the Philippine
Professional Responsibility]. Judicial Academy Program of continuing
legal education;
3. Filipino lawyers cannot practice law under the 4. The Chief State Counsel, Chief State
name of a foreign law firm, as the latter cannot Prosecutor and Assistant Secretaries of
practice law in the Philippines and the use of the the Department of Justice;
foreign law firm in the country is unethical. 5. The Solicitor-General and the Assistant
(Dacanay vs. Baker & McKenzie, G.R. Adm. Case Solicitor-General;
No. 2131) 6. The Government Corporate Counsel,
Deputy and Assistant Government
CANON 4: PARTICIPATE IN THE IMPROVEMENT Corporate Counsel;
OF THE LEGAL SYSTEM 7. The Chairman and Members of the
Examples: Constitutional Commissions;
1. Presenting position papers or resolutions 8. The Ombudsman, the Overall Deputy
for the introduction of pertinent bills in Ombudsman, the Deputy Ombudsman
Congress; and the Special Prosecutor of the Office of
2. Petitions with the SC for the amendment the Ombudsman;
of the Rules of Court. 9. Heads of government agencies exercising
quasi-judicial functions;
CANON 5: KEEP ABREAST OF LEGAL 10. Incumbent deans, bar reviewers and
DEVELOPMENTS AND PARTICIPATE IN professors of law who have teaching
CONTINUING LEGAL EDUCATION PROGRAM experience for at least 10 years in
accredited law schools;

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE


CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
10 2005 CENTRALIZED BAR OPERATIONS

11. The Chancellor, Vice-Chancellor and employment in connection with any matter in
members of the Corps of Professional which he had intervened while in said service.
Lecturers of the Philippine Judicial [Rule 6.03, Code of Professional Responsibility]
Academy; and Section 7 (b), RA 6713 prohibits any former
12. Governors and Mayors public official or employee for a period of one year
after retirement or separation from office to
Other Exempted Parties practice his profession in connection with any other
1. Those who are not in law practice, private matter before the office he used to be with.
or public
2. Those who have retired from law practice
with the approval of the IBP Board of THE LAWYER AND THE LEGAL PROFESSION
Governors
CANON 7: UPHOLD THE INTEGRITY AND
Good Cause for Exemption from or DIGNITY OF THE PROFESSION AND SUPPORT
modification of requirement THE ACTIVITIES OF THE IBP
A member may file a verified request A lawyer shall be answerable for
setting forth good cause for exemption (such as knowingly making a false statement or suppressing
physical disability, illness, post-graduate study a material fact, in connection with his application
abroad, proven expertise in law) from compliance for admission to the bar. (Rule 7.01)
with or modification of any of the requirements, A lawyer shall not, whether in public or
including an private life, behave in a scandalous manner to the
extension of time for compliance, in accordance discredit of the legal profession. (Rule 7.03)
with procedure to be established by the committee
on MCLE. CASE: Counsels act of filing multiple
complaints against herein complainants reflects on
Proof of exemption: Applications for exemption his fitness to be a member of the legal profession.
from or modification of the MCLE requirement shall His act evinces vindictiveness, a decidedly
be under oath and supported by documents. undesirable trait whether in a lawyer or another
individual, as complainants were instrumental in
Consequences of Non-Compliance respondents dismissal from the judiciary.
1. A member who fails to comply with the (Saburnido vs. Madrono, 366 SCRA 1, September
requirements after the 60-day period shall 26, 2001)
be listed as delinquent member by the IBP
Board of Governors upon recommendation CANON 8: COURTESY, FAIRNESS AND CANDOR
of the Committee on MCLE. TOWARD HIS COLLEAGUES AND AVOID
2. The listing as a delinquent member is HARASSING TACTICS
administrative in nature but shall be made A lawyer shall not, in his professional
with notice and hearing by the Committee dealings, use language which is abusive, offensive
on MCLE. or otherwise improper. (Rule 8.01)
CASE: Although aware that the plaintiff
CANON 6: APPLICABILITY OF THE CPR TO students were represented by counsel, respondent
LAWYERS IN THE GOVERNMENT SERVICE attorney, counsel for the defendants proceeded,
nonetheless, to negotiate with them and their
Restriction Against Using Public Office to parents without at the very least communicating
Promote Private Interest the matter to their lawyer. This failure of
Public officials and employees during their respondent is an inexcusable violation of the
incumbency shall NOT: canons of professional ethics and in utter disregard
1. Own, control, manage or accept of a duty owing to a colleague. (Camacho vs.
employment as officer, employee, Pangulayan, 328 SCRA 631, March 22, 2000)
consultant, counsel, broker, agent, trustee
or nominee in any private enterprise CANON 9: PREVENTING UNAUTHORIZED
regulated, supervised or licensed by their PRACTICE OF LAW
office unless expressly allowed by law Public policy requires that the practice of law
2. Engage in the private practice of their be limited to those individuals found duly qualified
profession unless authorized by the in education and character.
constitution or law, provided that such Purpose: To protect the public, the court, the
practice will not conflict or tend to conflict client and the bar from the incompetence or
with their official functions. dishonesty of those unlicensed to practice law and
3. Recommend any person to any position in not subject to the disciplinary control of the court.
a private enterprise which has a regular or 1. A lawyer is prohibited from allowing an
pending official transaction with their intermediary to intervene in the
office performance of his professional obligation.
4. Use or divulge confidential or classified 2. A lawyer cannot delegate to any
information officially known to them by unqualified person the performance of any
reason of their office and not available to task which by law may only be performed
the public. by a member of the Bar in good standing.
3. A lawyer cannot divide or stipulate a fee
Restrictions Against Former Official from for legal services with a person not
Accepting Certain Employment licensed to practice law.
A lawyer shall NOT, after leaving the
government service, accept engagement or Exceptions:

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT


CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
11
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
1. Where there is a pre- existing to comment on and criticize the actuations of a
agreement with a partner or associate judge.
that, upon the latters death, money shall However, what he can ordinarily say
be paid over a reasonable period of time against a concluded litigation and the manner the
to his estate or to persons specified in the judge handed down the decision therein may NOT
agreement; generally be said to a pending action. The court, in
2. Where a lawyer undertakes to a pending litigation, must be shielded from
complete unfinished legal business of a embarrassment or influence in its all important
deceased lawyer; duty of deciding the case. On the other hand, once
3. Where a lawyer or law firm includes a litigation is concluded the judge who decided it is
non-lawyer employees in a retirement subject to the same criticism as any other public
plan, even if the plan is based in whole or official because then his ruling becomes public
in part on a profit-sharing arrangement. property and is thrown open to public consumption.
But it is the cardinal condition of all such
criticism that it shall be bona fide, and shall not
LAWYERS DUTIES TO COURTS spill over the walls of decency and propriety.

CANON 10: CANDOR, FAIRNESS AND GOOD CANON 12: ASSISTING IN SPEEDY AND
FAITH TO COURTS EFFICIENT ADMINISTRATION OF JUSTICE
A lawyer shall NOT do any falsehood, nor A lawyer shall NOT appear for trial unless
consent to the doing of any in court; nor shall be he has adequately prepared himself on the law and
misled, or allow the court to be misled by any the facts of his case, the evidence he will adduce
artifice. (Rule 10.01) and the order of its presentation. He should also be
ready with the original documents for comparison
REQUIREMENTS OF CANDOR: with the copies. [Rule 12.01 Code of Professional
1. A lawyer shall not suppress material and vital Responsibility]
facts which bear on the merit or lack of merit
of complaint or petition; A lawyer shall NOT unduly delay a case,
2. A lawyer shall volunteer to the court any impede the execution of judgment or misuse court
development of the case which has rendered processes. [Rule 12.04, Code of Professional
the issue raised moot and academic; Responsibility]
3. Disclose to court any decision adverse to his
position of which opposing counsel is CASE: The Court further commented that it is
apparently ignorant and which court should understandable for a party in the situation to make
consider in deciding a case; full use of every conceivable legal defense the law
4. He shall not represent himself as lawyer for a allows it. In the appraisal, however, of such
client, appear for client in court and present attempts to evade liability to which a party should
pleadings, only to claim later that he was not respond, it must ever be kept in mind that
authorized to do so. procedural rules are intended as an aid to justice,
Note: A lawyer is not an umpire but an advocate. not as means for its frustration. Technicalities
He is not obliged to refrain from making every should give way to the realities of the situation.
proper argument in support of any legal point (Economic Insurance Co., Inc. vs. Uy Realty Co.)
because he is not convinced of its inherent
soundness. Neither is he obliged to suggest The duty of a lawyer to assist in the
arguments against his position. speedy and efficient administration of justice
includes the duty to refrain from talking to his
A lawyer shall NOT knowingly misquote or witness during a break or recess in the trial while
misrepresent the contents of a paper, the language the witness is still under examination.
or the argument of opposing counsel, or the text of
a decision or authority, or knowingly cite as a law a FORUM SHOPPING - the act of filing repetitious
provision already rendered inoperative by repeal or suits in different courts. It is committed through the
amendment, or assert as a fact that which has not following:
been proved. (Rule 10.02) 1. Going from one court to another in the
A lawyer shall observe the rules of hope of securing a favorable relief in one
procedure and shall NOT misuse them to defeat court, which another court has denied.
the ends of justice. (Rule 10.03) 2. Filing repetitious suits or proceedings in
different courts concerning the same
CANON 11: OBSERVANCE OF RESPECT DUE subject matter after one court has
THE COURTS decided the suit with finality.
A lawyer shall observe and maintain the 3. Filing a similar case in a judicial court after
respect due to the courts and to judicial officers receiving an unfavorable judgment from
and should insist on similar conduct by others. an administrative tribunal.
A lawyer should show respect due the
court and judicial officer by appearing during the Forum shopping is prohibited by
trial of a case punctually and in proper attire. Supreme Court Circular No. 28-91, and the
A lawyers language should be forceful but corresponding penalties for violation thereof are as
dignified, emphatic but respectful as befitting an follows:
advocate and in keeping with the dignity of the 1. Any violation of this circular shall be a
legal profession. cause for the summary dismissal of the
multiple petition or complaint;
RIGHT AND DUTY OF LAWYER TO CRITICIZE 2. Any willful and deliberate forum shopping
COURTS by any party and his lawyer with the filing
The fact that a person is a lawyer does not of multiple petitions or complaints to
deprive him of the right, enjoyed by every citizen,
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
12 2005 CENTRALIZED BAR OPERATIONS

ensure favorable action shall constitute without objection, and the client is
direct contempt of court; benefited by reason thereof.
3. The submission of a fake certification
under par. 2 of the Circular shall likewise Note: While a written agreement for professional
constitute contempt of court, without services is the best evidence to show the relation,
prejudice to the filing of a criminal action
against the guilty party. The lawyer may formality is not an essential element of the
also be subjected to disciplinary employment of an attorney. The absence of a
proceedings. written contract will not preclude a finding that
there is a professional relationship. Documentary
CANON 13: AVOIDING IMPROPRIETY THAT formalism is not an essential element in the
TENDS TO INFLUENCE THE COURT
A lawyer shall rely upon the merits of his employment of an attorney; the contract may be
cause and refrain from any impropriety which express or implied.
tends to influence, or gives the appearance of
influencing the court. ADVANTAGES OF A WRITTEN CONTRACT
A lawyer shall not extend extraordinary BETWEEN THE LAWYER AND THE CLIENT:
attention or hospitality to, nor seek opportunity for
1. It is conclusive as to the amount of
cultivating familiarity with judges [Rule 13.01,
compensation.
Code of Professional Responsibility]
2. In case of unjustified dismissal of an
A lawyer shall not make public statements
attorney, he shall be entitled to recover
in the media regarding a pending case tending to
from the client full compensation
arouse public opinion for or against a party. [Rule
stipulated in the contract [RA 636].
13.02, Code of Professional Responsibility]
A lawyer shall not brook nor invite
interference by another branch or agency of the CANON 14: NOT TO REFUSE HIS SERVICES TO
government in the normal course of judicial THE NEEDY
proceedings. [Rule 13.03 Code of Professional
Responsibility] RIGHT TO DECLINE EMPLOYMENT;
EXCEPTIONS
General Rule: A lawyer is not obliged to act as
legal counsel for any person who may wish to
ATTORNEY-CLIENT RELATIONSHIP become his client. He has the right to decline
employment.
NATURE OF RELATION Exceptions:
1. strictly personal; 1. A lawyer shall not refuse his services to
2. highly confidential and fiduciary the needy.
2. He shall not decline to represent a person
solely on account of the latters race, sex,
GENERAL RULES PROTECTING ATTORNEY- creed or status of life or because of his
CLIENT RELATIONSHIPS own opinion regarding the guilt of said
1. Best efforts must be exerted by the person.
attorney to protect his clients interest; 3. He shall not decline, except for serious
2. The attorney must promptly account for and sufficient cause like (1) if he is not in
any fund or property entrusted by or a position to carry out effectively or
received for his client; competently; (2) if he labors under a
3. An attorney cannot purchase his clients conflict of interest between him and the
property or interest in litigation; prospective client or between a present
4. The privacy of communications shall at all and prospective client.
times be upheld;
5. An attorney cannot represent a party Reasons: IBP Guidelines, Art.1, Sec. 1. Public
whose interest is adverse to that of his Service:
client even after the termination of the 1. Legal aid is not a matter of charity but a
relation.
public responsibility.
CREATION OF RELATION: FORMS OF 2. It is a means for correction of social
EMPLOYMENT AS COUNSEL TO A CLIENT imbalance.
1. Oral when the counsel is employed 3. Legal aid offices must be so organized as
without a written agreement, but the to give maximum possible assistance to
conditions and amount of attorneys fees indigent and deserving members of the
are agreed upon. community and to forestall injustice.
2. Express when the terms and conditions
including the amount of fees, are explicitly
DUTY TO DECLINE EMPLOYMENT
stipulated in a written document which
A lawyer should decline professional
may be a private or public document.
employment even though how attractive the fee
Written contract of attorneys fees is the
offered may be if its acceptance will involve:
law between the lawyer and the client.
1. A violation of any of the rules of the legal
3. Implied when there is no agreement,
profession.
whether oral or written, but the client
2. Nullification of a contract which he
allowed the lawyer to render legal
prepared.
services not intended to be gratuitous
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
13
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
3. Advocacy in any matter in which he had connection with the controversy, which might
intervened while in the government influence the client in the selection of counsel.
service. It is unprofessional to represent conflicting
4. Employment, the nature of which might interests, except by express consent of all
easily be used as a means of advertising concerned given after a full disclosure of facts.
his professional services or his skill.
5. Employment with a collection agency Within the meaning of this Canon, a lawyer
which solicits business to collect claims. represents conflicting interests when, in behalf of
6. Any matter in which he knows or has one client it is his duty to contend for that which
reason to believe that he or his partner duty to another client requires him to oppose.
will be an essential witness for the
prospective client.
Tests to Determine Conflicting Interests
ETHICAL CONSIDERATIONS IN TAKING A BAD 1. Will the attorney be required to
CASE contest for that which his duty to
In a Criminal Case: A lawyer may accept a losing another client requires him to
criminal case because every accused is presumed oppose? (Conflicting duties)
innocent and is entitled to counsel.
2. Will the acceptance of a new relation
In a Civil Case: The rules and ethics of the invite suspicion and/or actually lead
profession enjoin a lawyer from taking a bad case. to unfaithfulness or double-dealing
towards another client? (Invitation
of suspicion)
Reasons: 3. Will the attorney be called upon in his
1. The attorneys signature in every pleading
new relation to use against his first
constitutes a certificate by him that there
is good cause to support it and that it is client any knowledge acquired in the
not interposed for delay, and willful previous employment? (Use of prior
violation of such rule shall subject him to knowledge obtained)
disciplinary action.
2. It is the attorneys duty to counsel or INSTANCES WHEN A LAWYER IS CONSIDERED
maintain such actions or proceedings only HAVING CONFLICTING DUTIES
as appear to him to be just and only such 1. As an employee of a corporation whose
defenses as he believes to be honestly duty is to attend legal affairs, he cannot
debatable under the law. join a labor union of employees in that
3. A lawyer is not to encourage either the corporation;
commencement or the continuance of an 2. As a lawyer who investigated an accident
action or proceeding, or delay any mans as counsel for an insurance, he cannot
cause, for any corrupt motive or interest. represent the injured person;
4. A lawyer must decline to conduct a civil 3. As a receiver of a corporation, he cannot
cause or to make a defense when represent the creditor;
convinced that it is intended merely to 4. As a representative of the obligor, he
harass or injure the opposite party or to cannot represent the obligee;
work oppression or wrong. 5. As a lawyer representing a party in a
However, a lawyer may accept a losing civil compromise agreement, he cannot be
case provided that, in so doing, he must not subsequent lawyer representing another
engage in dilatory tactics and must advise his client who seeks to nullify the agreement;
client about the prospects and advantage of
settling the case through a compromise.
Effects of Representing Adverse Interests
1. Disqualification as counsel of new client
on petition of former client.
LAWYERS DUTIES TO CLIENT
2. Where such is unknown to, and becomes
prejudicial to the interests of the new
CANON 15: CANDOR, FAIRNESS AND LOYALTY client, a judgment against such may, on
IN HIS DEALINGS AND TRANSACTIONS WITH that ground, be set aside.
HIS CLIENTS 3. A lawyer can be held administratively
liable through disciplinary action and may
be held criminally liable for betrayal of
CONFLICT OF INTEREST trust.
4. The attorneys right to fees may be
Duty of a Lawyer to His Client in Case There defeated if found to be related to such
is Conflict of Interest conflict and such was objected to by the
former client, or if there was a
A lawyer, in conferring with a prospective
concealment and prejudice by reason of
client shall ascertain as soon as practicable
the attorneys previous professional
whether the matter would involve a conflict with
relationship with the opposite party.
another client or his own interest, and if so, shall
forthwith inform the prospective client. [Rule
CASE: Jurisprudence instructs that there is a
15.01]
representation of conflicting interests if the
It is the duty of a lawyer at the time of
acceptance of the new retainer will require the
retainer to disclose to the client all circumstances
attorney to do anything which will injuriously affect
of his relations to the parties and any interest in
his first client in any matter in which he represents
him and also whether he will be called upon in his
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
14 2005 CENTRALIZED BAR OPERATIONS

new relation, to use against his first client any CANON 18: SERVE CLIENT WITH COMPETENCE
knowledge acquired through their connection. AND DILIGENCE
Another test to determine if there is a
representation of conflicting interests is whether DUTY TO PROTECT CLIENTS INTEREST
the acceptance of a new relation will prevent an The attorneys duty to safeguard the
attorney from the full discharge of his duty of clients interests commences from his retainer
undivided fidelity and loyalty to his client or invite until his effective release from the case or the final
suspicion of unfaithfulness or double dealing in the disposition of the whole subject matter of the
performance thereof. (Pormento, Sr. vs. Atty. litigation. During that period he is expected to
Pontevedra, A.C. No. 5128, March 31, 2005) take such reasonable steps and such ordinary care
as his clients interests may require.
CANON 16: LAWYERS DUTY TO HOLD IN
TRUST ALL THE MONEY AND PROPERTY OF PREPARATION OF PLEADINGS
HIS CLIENT THAT MAY COME TO HIS A lawyer shall not handle any legal matter
POSSESSION without any adequate preparation. (Rule 18.02)
PROHIBITION AGAINST PURCHASE OF A lawyer should prepare his pleading with
PROPERTY IN LITIGATION great care and circumspection. He should refrain
from using abrasive and offensive language, for it
Elements of Prohibition merely weakens rather than strengthens the force
1. There is an attorney-client relationship; of legal reasoning and detracts from its
2. The property is in litigation; persuasiveness. In preparing a complaint for
3. The attorney is the counsel of record in damages, counsel for plaintiff should allege and
the case; state the specific amounts claimed not only in the
4. The attorney, by himself or through an body of the complaint but also in the prayer, so
agent, purchases such property during the that the proper docket fees can be assessed and
pendency of said case [Art. 1491 of the paid.
Civil Code]
DUTY TO KEEP CLIENT FULLY INFORMED
Other Instances Where Rule is Inapplicable A lawyer shall keep the client informed of
1. Where the property purchased by a lawyer the status of his case. (Rule 18.04)
was not involved in litigation. He should notify his client of an adverse
2. Where the sale took place before it decision while within the period to appeal to enable
became involved in the suit. his client to decide whether to seek an appellate
3. Where the attorney at the time of the review. He should communicate with him
purchase was not counsel in the case. concerning the withdrawal of appeal with all its
4. Where the purchaser of the property in adverse consequences. The client is entitled to the
litigation was a corporation even though fullest disclosure of the mode or manner by which
the attorney was an officer thereof. his interest is defended or why certain steps are
5. Where the sale took place after the taken or omitted.
termination of the litigation.
6. A lawyer may accept an assignment from Doctrine of Imputed Knowledge the
his client of a money judgment rendered knowledge acquired by an attorney during the time
in the latters favor in a case in which he that he is acting within the scope of his authority is
was not counsel, in payment of his imputed to the client.
professional services performed in It is based on the assumption that an
another case. attorney, who has notice of matter affecting his
7. Prohibition is inapplicable to a contract for client, has communicated the same to his principal
attorneys fees contingent upon the in the course of professional dealings. The doctrine
outcome of the litigation. applies regardless of whether or not the lawyer
actually communicated to the client what he
CANON 17: FIDELITY TO THE CAUSE OF HIS learned in his professional capacity, the attorney
CLIENT AND MINDFUL OF THE TRUST AND and his client being one juridical person.
CONFIDENCE REPOSED IN HIM Exceptions to the Rule that Notice to Counsel
CASE: Ordinarily, lawyers are not obliged to act is Notice to Client
either as advisers or as advocates of any person 1. If strict application might foster dangerous
who may wish to become their client. They may collusion to the detriment of justice.
decline employment and refuse to accept 2. Service of notice upon party instead of
representation, if they are not in a position to carry upon his attorney is ordered by court.
it out effectively or competently. But once they 3. Notice of pre trial is required to be served
agree to handle a case, attorneys are required by upon parties and their respective lawyers.
the Canons of Professional Responsibility to 4. In appeal from the lower court to the RTC,
undertake the task with zeal, care and utmost upon docketing of appeal.
devotion.
Acceptance of money from a client DUTY WHEN THE ACCUSED INTENDS TO
establishes an attorney-client relationship and PLEAD GUILTY
gives rise to the duty of fidelity to the clients A PLEA OF GUILTY is an admission by
cause. Every case accepted by a lawyer deserves the accused of his guilt of crime as charged in the
full attention, diligence, skill and competence, information and of the truth of the facts alleged,
regardless of importance. (Rollon vs. Atty. Naraval, including the qualifying and aggravating
A.C. No. 6424, March 4, 2005) circumstances.

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT


CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
15
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
It is the duty of the defense counsel when distinction between general appearance and
his client desires to enter a plea of guilty to: special appearance, in the sense that a defendant
(ACEPA) may file a motion to dismiss not only on the ground
1. Fully acquaint himself with the records of lack of jurisdiction over his person but also on
and surrounding circumstances of the some other grounds without waving the jurisdiction
case of the court over his person.
2. Confer with the accused and obtain from
him his account of what had happened Presumption of Authority
3. Advise him of his constitutional rights An attorney is presumed to be properly
4. Thoroughly explain to him the import of a authorized to represent any cause in which he
guilty plea and the inevitable conviction appears in all stages of the litigation and no written
that will follow authority is required to authorize him to appear.
5. See to it that the prescribed procedure The presumption is a strong one. A mere
which experience has shown to be denial by a party that he has authorized an
necessary to the administration of justice attorney to appear for him, in the absence of
is strictly followed and disclosed in the compelling reason, is insufficient to overcome the
court records. presumption especially when the denial comes
after the rendition of an adverse judgment.
DUTY TO COMPLY WITH CLIENTS LAWFUL
REQUEST Effects of an Unauthorized Appearance
A client shall respond within a reasonable 1. Party is not bound by the attorneys
time to the clients request for information. (Rule appearance in the case in or by the
18.04) judgment rendered therein.
A lawyer should endeavor to seek 2. Court does not acquire jurisdiction over
instruction from his client on any substantial the person.
matter concerning the litigation, which may require 3. The adverse party who has been forced to
decision on the part of the client, such as whether litigate as a defendant by the
to compromise the case or to appeal an unauthorized action on the part of the
unfavorable judgment. He should give his client attorney for the plaintiff may, on that
sound advice on any such and similar matters and ground, move for the dismissal of the
comply with the clients lawful instructions relative complaint.
thereto. He should resist and should never follow 4. If unauthorized appearance is willful,
any unlawful instruction of his client. attorney may be cited for contempt as an
officer of the court who has misbehaved in
CANON 19: DUTY TO REPRESENT CLIENT his official transactions, and he may be
WITH ZEAL AND WITHIN THE BOUNDS OF THE disciplined for professional misconduct.
LAW
Ratification of Unauthorized Appearance
DUTY TO RESTRAIN CLIENT FROM 1. EXPRESS: categorical assertion by client
IMPROPRIETY that he has authorized a lawyer or that he
A lawyer should use his best efforts to confirms his authorization to represent
restrain and to prevent his client from doing those him in the case.
things which he himself ought not to do, 2. IMPLIED: where a party with knowledge
particularly with reference to the conduct toward of the fact that a lawyer has been
the court, judicial officer, witness and suitor and if representing him in a case, accepts
the client persists in such wrong doing, the lawyer benefits of representation or fails to
should terminate their relation. promptly repudiate the assumed
authority.
Duty to Advice Candidly
As officers of the court, counsels are Requisites for Implied Ratification by Silence
under obligation to advise their clients against 1. Party represented by lawyer must be of
making untenable and inconsistent claims. The age, competent or if suffers from
counsel should inform his client and dissuade him disability, has guardian or legal
from filing the case if totally devoid of merit. If he representative.
finds that his clients cause as fairly meritorious 2. Party or guardian is aware of attorneys
and ripe for judicial adjudication, he should refrain representation.
from making bold and confident assurances of 3. He fails to promptly repudiate assumed
success. authority.

Duty of Lawyer in Case of Knowledge of Authority of Attorney in the Conduct of


Clients Fraud Litigation
1. He must promptly call upon the client to A lawyer has authority to bind the client in
rectify the same and failing which, all matters of ordinary judicial procedure. He can
2. He shall terminate their relationship with bind his client on substantial matters only with the
such client in accordance with the Rules of clients express or implied consent.
Court. A client may waive, surrender, dismiss, or
compromise any of his rights involved in a litigation
in favor of the other party even without or against
AUTHORITY OF A LAWYER the consent of his attorney.
Appearance- the coming into court as a party
either as a plaintiff or as a defendant and asking Authority to Compromise
relief therefrom. Compromise- a contract whereby the parties, by
By virtue of Sec. 20, Rule 14 of the 1997 making reciprocal concessions, avoid a litigation or
Rules of Civil Procedure, there is no more put an end to one already commenced.
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
16 2005 CENTRALIZED BAR OPERATIONS

1. Ordinary- it is the reasonable


General Rule: The attorney has no authority to compensation paid to the lawyer for the
compromise his clients case. legal services he had rendered the client.
Reason: Because the client, even if represented The basis of this compensation is the fact
by counsel, retains exclusive control over the of employment by the client.
subject matter of the litigation. The client can, of 2. Extraordinary- an indemnity for
course, authorize his lawyer to compromise his damages ordered by the court to be paid
case, and the settlement made by the lawyer will by the losing party to the prevailing party
bind his client. in a litigation. The basis of this is any of
Exception: Where the lawyer is confronted with the cases authorized by law and is
an emergency and prompt, urgent action is payable not to the lawyer but to the client
necessary to protect the interest of his client and unless they have agreed that the award
there is no opportunity for consultation with him. shall pertain to the lawyer as additional
compensation or as part thereof.
Mistakes or Negligence of Lawyer Binding
Upon Client Kinds of Payment which may be Stipulated
General Rule: Client is bound by attorneys Upon
conduct, negligence and mistake in handling case 1. FIXED OR ABSOLUTE FEE which is
or in management of litigation and in procedural payable regardless of the result of the
technique, and he can not be heard to complain case.
that result might have been different had his 2. CONTINGENT FEE that is conditioned on
lawyer proceeded differently. the securing of a favorable judgment and
Exceptions: recovery of money or property and the
1. Where adherence thereto results in amount of which may be on a percentage
outright deprivation of clients liberty or basis.
property or where interest of justice so 3. A fixed fee payable PER APPEARANCE.
requires. 4. A fixed fee computed upon the NUMBER
2. Where error by counsel is purely technical OF HOURS SPENT
which does not affect substantially clients 5. A fixed fee based on PIECEWORK.
cause. 6. COMBINATION of any of the above.
3. Ignorance, incompetence or inexperience
of lawyer is so great and error so serious RETAINER- may refer to either of two concepts:
that client, who has good cause 1. Act of a client by which he engages the
prejudiced and denied a day in court. services of an attorney to render legal
4. Gross negligence of lawyer. advice or to defend or prosecute his cause
5. Lack of acquaintance with technical part in court.
of procedure. 2. Fee which a client pays to the attorney

CANON 20: DUTY OF THE LAWYER TO CHARGE Kinds of Retainer Agreements


ONLY FAIR AND REASONABLE FEES 1. General retainer the fee paid to a
lawyer to secure his future services as
ATTORNEYS FEES general counsel for any ordinary legal
problem that may arise in the ordinary
Factors in Determining Attorneys Fees (Rule business of the client and referred to him
20.1, Canon 20) (TINSAPC) for legal action. The client pays fixed
retainer fees, which could be monthly or
1. time spent and the extent of the services otherwise. The fees are paid whether or
rendered or required; not there are cases referred to the lawyer.
2. novelty and the difficulty of the questions 2. Special retainer fee for a specific case
involved; or service rendered by the lawyer for the
3. importance of the subject matter; client.
4. skill demanded; Situations when Counsel cannot Recover the
5. probability of losing other employment as Full Amount of Attorneys Fees Despite
a result of the acceptance of the proffered Written Contract
case; 1. When the services called for were not
6. customary charges for similar services performed as when the lawyer withdrew
before the case was finished. He will be
and the schedule of fees of the IBP allowed only reasonable fees
Chapter to which he belongs; 2. When there is a justified dismissal of the
7. amount involved in the controversy and attorney, the contract will be nullified and
the benefits resulting to the client from payment will be on the basis of quantum
the service; meruit only. A contrary stipulation will be
invalid.
8. contingency or certainty of compensation;
3. When the stipulated attorneys fees are
9. character of the employment whether unconscionable i.e., when it is
occasional or established; and disproportionate as compared to the value
10. the professional standing of the lawyer. of services rendered and is revolting to
human conscience.
Two Concepts of Attorneys Fees

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT


CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
17
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
4. When the stipulated attorneys fees are in 2. Lawyers do not 2.Lawyers
excess of what is expressly provided by undertake to pay all undertake to pay
law. expenses of all expenses of
5. When the lawyer is guilty of fraud or bad litigation litigation
faith toward his client in the matter of his
employment 3. Not prohibited 3. Void
6. When the counsels services are worthless
because of h is negligence.
7. When contract is illegal, against morals or Enforcement of Attorneys Fees
public policy. General Rule: A lawyer should avoid the filing
8. Serving adverse interest unless lawyer of any case against client for enforcement of
proves that it was with the consent of attorneys fees
both parties. Exceptions:
1. to prevent imposition
Quantum Meruit means as much as the lawyer 2. to prevent injustice
3. to prevent fraud
deserves or such amount as his services merit.
Who are Entitled to Attorneys Fees
Guides for Determining Attorneys Fees on
General Rule: Only lawyers are entitled to
Quantum Meruit Basis (TINS)
attorneys fees. The same cannot be shared with a
1. Time spent and extent of the services
non-lawyer. It is immoral.
rendered or required a lawyer is justified
Exceptions:
in fixing higher fees when the case is so
A lawyer may divide a fee for legal services
complicated and requires more time and
with persons not licensed to practice law: (CPR)
effort to finish it.
1. a lawyer undertakes to complete
2. Novelty and difficulty of questions
unfinished legal business of a deceased
involved when the questions in a case
lawyer;
are novel and difficult, greater effort,
2. there is a pre-existing agreement with a
deeper study and research are bound to
partner or associate that, upon the latters
burn the lawyers time and stamina
death, money shall be paid over a
considering that there are no local
reasonable period of time to his estate or
precedents to rely upon
to persons specified in the agreement;
3. Importance of subject matter the more
3. a lawyer or law firm includes non-lawyer
important the subject matter or the bigger employees in retirement plan, even if the
the value of the interest of property in plan is based in whole or in part on the
litigation, the higher is the attorneys fees profit sharing agreement
4. Skill demanded of a lawyer the totality
of the lawyers experience provides him Effect of Nullity of Contract on the Right to
the skill and competence admired in Attorneys Fees
lawyers. 1. if the nullification is due to the illegality of
its object, the lawyer is precluded from
Instances of Recovery of Attorneys Fees on recovering;
the Basis of Quantum Meruit 2. if the nullity is due to a formal defect or
1. There is no express contract for payment because the court has found the amount
of attorneys fees agreed upon between to be unconscionable, the lawyer may
the lawyer and the client. recover for any services rendered based
2. When although there is a formal contract on quantum meruit.
for attorneys fees, the fees stipulated are
found unconscionable. Instances When an Independent Civil Action
3. When the contract for attorneys fees is to Recover Attorneys Fees is Necessary
void due to formal matter. 1. Main action is dismissed or nothing is
4. When for justifiable cause the lawyer was awarded;
not able to finish the case. 2. Court has decided that it has no
5. When the lawyer and the client disregard jurisdiction over the action or has already
the contract for fees. lost it;
6. When the client dismissed his counsel 3. Person liable for attorneys fees is not a
before the termination of the case or the party to the main action;
latter withdrew therefrom for valid 4. Court reserved to the lawyer the right to
reasons. file a separate civil suit for recovery of
attorneys fees;
Champertous Contract - one where the lawyer 5. Services for which the lawyer seeks
stipulates with his client in the prosecution of the payment are not connected with the
case that he will bear all of the expenses for the subject litigation;
recovery of things or property being claimed by the 6. Judgment debtor has fully paid all of the
client, and the latter agrees to pay the former a judgment proceeds to the judgment
portion of the thing or property recovered as creditor and the lawyer has not taken any
compensation. It is void for being against public legal step to have his fees paid directly to
policy. him from the judgment proceeds.
Compensation to Which a Lawyer is Entitled
CONTINGENT vs. CHAMPERTOUS
to Depending on His Capacity
CONTINGENT CHAMPERTOUS
CONTRACT CONTRACT 1. Counsel de Parte - He is entitled to a
reasonable attorneys fees agreed upon or
Contingent fee is 1. Payable in kind
in the absence thereof, on quantum
payable in cash ONLY
meruit basis.
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
18 2005 CENTRALIZED BAR OPERATIONS

2. Counsel de Oficio - The counsel may not 3. Coverage Covers Covers all
demand from the accused attorneys fees papers, judgment for
even if he wins the case. He may however documents, the payment
collect from the government funds if and of money
available based on the amount fixed by properties in and
the court. the lawful execution
3. Amicus Curiae - not entitled to possession of issued in
attorneys fees the attorney pursuance
by reason of of such
ATTORNEYS LIEN his judgments.
Charging Lien - is an equitable right to have the professional
fees and lawful disbursements due a lawyer for his employment.
services in a suit secured to him out of the
judgment for the payment of money and
executions issued in pursuance thereof in the 4. Effect As soon as As soon as
particular suit. the attorney the claim for
gets attorneys
Requisites of a Charging Lien possession of fees had
1. Existence of a client-lawyer relationship; the papers, been
2. The attorney has rendered services; documents, entered into
3. Favorable judgment secured by the or property. the records
counsel for his client which judgment is a of the case.
money judgment; 5. Notice Client need Notice must
4. The attorney has a claim for attorneys not be be served
fees or advances; notified to upon client
5. Noting into the records of the case make it and adverse
through the filing of an appropriate effective. party
motion of the statement of the lawyers
claim for attorneys fee with copies 6. Applicabilit May be Generally,
furnished to the client and adverse party. y exercised exercisable
before only when
Retaining Lien a right merely to retain the judgment or the attorney
funds, documents, and papers as against the client execution or had already
until the attorney is fully paid his fees. regardless secured a
thereof. favorable
Requisites: (ALU) judgment for
1. Attorney-client relationship; his client.
2. Lawful possession by the lawyer of the 7.Extinguish- When When client
clients funds, documents and papers in ment possession loses action
his professional capacity; lawfully ends as lien may
3. Unsatisfied claim for attorneys fees when as only be
lawyer enforced
voluntarily against
RETAINING LIEN VS.CHARGING LIEN parts with judgment
Point of Retaining Charging funds, awarded in
Distinction Lien Lien documents, favor of
and papers of client,
1. Nature Passive Lien. Active Lien. client or proceeds
It cannot be It can be offers them thereof/
actively enforced by as evidence. executed
enforced. It is execution. It thereon.
a general is a special
lien. lien.
2. Basis Lawful Securing of
possession of a favorable
papers, money
documents, judgment for CANON 21: PRIVILEGED COMMUNICATION
property the client.
belonging to Requisites:
the client. 1. There exists an attorney and client
relationship or a kind of consultancy
relationship with a prospective client. That
is, legal advise is what is sought;
2. The communication was made by the
client to the lawyer in the course of the
lawyers professional employment; and
3. The communication must be intended to
be confidential. [Uy Chico vs. Union Life
Association Society, 29 Phil 163]

Purposes:
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
19
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
To encourage a client to make a full disclosure testimony, entrust the trial of the case to
of the facts of the case to his counsel another counsel.
without fear;
To allow the lawyer freedom to obtain full INTERVIEWING WITNESSES
information from his client. Witness- human instrumentality through which
the law and its ministers, the judges and lawyers,
Characteristics: endeavors to ascertain the truth and to dispense
1. A-C privilege where legal advice is justice to the contending parties.
professionally sought from an attorney.
2. The client must intend the above 1. A lawyer may interview a witness in
communication to be confidential. advance of trial to guide him in the
3. A-C privilege embraces all forms of management of the litigation.
communication and action. 2. A lawyer may also interview a prospective
4. As general rule, A-C privilege also extends witness for the opposing side in any civil
to the attorneys secretary, stenographer, or criminal action without the consent of
clerk or agent with reference to any fact the opposing counsel or party.
required in such capacity. 3. A lawyer may properly obtain statements
5. The above duty is perpetual and is from witnesses whose names were
absolutely privileged from disclosure. furnished by the opposing counsel or
interview the employees of the opposing
Exceptions to the Privilege party even though they are under
1. When there is consent or waiver of client. subpoena to appear as witnesses for the
2. When disclosure is required by law. opposite side.
3. When disclosure is made to protect the 4. If after trial resulting in defendants
lawyers rights (i.e., to collect his fees or conviction, his counsel has been advised
defend himself, his employees or that a prosecution witness has committed
associates or by judicial action). perjury, it is not only proper but it is the
4. When such communications are made in lawyers duty to endeavor honorably to
contemplation of a crime or the obtain such witness retraction, even
perpetuation of a fraud without advising the public prosecutor of
his purpose and even though the case is
LAWYER AS WITNESS pending appeal.
A lawyer shall avoid testifying in behalf of his An adverse party, though he may be used as a
client.
Reason: The function of a witness is to tell the witness, is not, however, a witness within the
facts as he recalls them in answer to questions. meaning of the rule permitting a lawyer to
The function of an advocate is that of a partisan. It interview the witness of the opposing counsel.
is difficult to distinguish between the zeal of an
advocate and the fairness and impartiality of a CANON 22: WITHDRAWAL OF SERVICES
disinterested witness.

Instances when a lawyer may NOT testify as TERMINATION OF ATTORNEY-CLIENT


a witness in a case which he is handling for a RELATIONSHIP
client:
Instances When a Counsel Can Withdraw His
1. When such would adversely affect any Services
lawful interest of the client with respect to 1. When the client pursues an illegal or
which confidence has been reposed on immoral course or conduct in connection
him; with the case he is handling;
2. Having accepted a retainer, he cannot be 2. When the client insists that the lawyer
pursue conduct violative of the Code of
a witness against his client; Professional Responsibility;
3. He cannot serve conflicting interests; 3. When his inability to work with co-counsel
4. When he is to violate the confidence of his will not promote the best interest of the
client; client;
5. When as an attorney, he is to testify on 4. When the mental or physical condition of
the lawyer renders it difficult for him to
the theory of the case. carry on the employment effectively;
5. When the client deliberately fails to pay
Instances when a lawyer may testify as a the fees for the services or fails to comply
witness in a case which he is handling for a client: with the retainer agreement;
1. On formal matters, such as the mailing, 6. When the lawyer finds out that he might
be appearing for a conflicting interest;
authentication or custody of an (Note: In all the above cases, the lawyer must file
instrument and the like; a written motion with an express consent of his
2. Acting as an expert on his fee; client and must wait for the approval of the court.)
3. Acting as an Arbitrator; 7. When the lawyer is elected or appointed
4. Deposition; to public office;
8. Other similar cases [Canon 22 Rule 22.01]
5. On substantial matters in cases where his
testimony is essential to the ends of NOTE: A lawyer may withdraw as counsel only
justice, in which event he must, during his with the conrent of the client and with leave of
court, and only for good cause enumerated in Rule
22.01 of the Code of Profdssional Responsibility.
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
20 2005 CENTRALIZED BAR OPERATIONS

The relation of attorney-client relationship Requisites


is strictly personal and highly confidential and 1. Attorney - client relationship
fiduciary. Necessity and public interest require that 2. Want of reasonable care & diligence
3. Injury sustained by client as proximate
it be so. result thereof.

Discharge of the Attorney by Client Kinds of Damages


The client has the right to terminate at any 1. Nominal where client lost the litigation
time WITH OR WITHOUT JUST CAUSE. as a consequence of lawyers gross
Just cause is material only in determining omission or negligence.
2. Actual/compensatory
compensation.
3. Moral Damages
4. Attorneys fees
Without just cause (Note: for nos. 2-4 there should be showing that
And no express written agreement as had the lawyer exercised due diligence client would
to fees reasonable value of his have succeeded in recovering from adverse party.)
services up to the date of his
dismissal (quantum meruit) Liability for Breach of Fiduciary Obligation
And there is written agreement and Lawyer holds his clients funds or property
the fee stipulated is absolute and in trust for clients and is obliged to make an
reasonable full payment of accounting of such funds that come to his
compensation possession.
And the fee stipulated is contingent
If dismissed before the Effect of Failure to Return Clients Money or
conclusion of the action Property After Demand
reasonable value of his 1. Presumption that he misappropriated the
services (quantum meruit) same
If contingency occurs or 2. Civilly liable in favor of client
client prevents its 3. Criminal liability
occurrence full amount 4. Administrative liability
(Note: lawyer should question his discharge,
otherwise he will be allowed to recover on Remedy of Client
quantum meruit basis.) Recover property from lawyer together
with its fruits, subject to clients returning to his
With just cause lawyer purchase price & legal interest.
Lawyer is not necessarily deprived of his
right to be paid for his services. He may only be Libelous Words in Pleadings
deprived of such right if the cause for his dismissal A lawyer is exempted from liability for
constitutes in itself a sufficient legal obstacle to slander, libel or otherwise defamatory, published in
recovery. course of judicial proceedings, PROVIDED
statements are connected with, relevant, pertinent
Limitations of Clients Right to Discharge His and material to cause in hand or subject of inquiry
Counsel
1. Client cannot deprive counsel of his right Test of Relevancy
to be paid for services rendered if The matter to which the privilege does not
dismissal is without cause; extend must be palpably wanting in relation to
2. Client cannot discharge counsel as an subject of controversy, that no reasonable man can
excuse to secure repeated extensions of doubt its relevancy or propriety.
time; Pleadings should contain plain and
3. Notice of discharge required in so far as concise statements of material facts and if pleader
court and adverse party are concerned. goes beyond requisites of law and alleges
irrelevant matter which is libelous, he loses his
Duties of a Discharged Lawyer or One Who privilege and may be liable in separate suit.
Withdraws
1. Immediately turn-over all papers and Liability for Costs of Suit
property to which the client is entitled; General Rule: Losing client and not the lawyer
2. To cooperate with the succeeding lawyer is liable for costs of suit in favor of prevailing party,
in the orderly transfer of the case.
lawyer not being party-litigant.
Conditions for Substitution of Counsel Exception: Where the lawyer insisted on
1. Written request for such substitution clients patently unmeritorious case or interposed
2. Written consent of the client appeal to delay litigation or thwart prompt
3. Written consent of the attorney to be satisfaction of prevailing partys just and valid
substituted or in the absence thereof,
claim, court may adjudge lawyer to pay treble
proof of service of notice of said motion to
the attorney to be substituted. costs of suit.

CRIMINAL LIABILITY
LIABILITIES OF A LAWYER A lawyer may be held criminally liable if
he commits any of the following:
LIABILITY FOR DAMAGES
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
21
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
1. Causing prejudice to client thru malicious III. BAR DISCIPLINE
breach of professional duty or thru
inexcusable negligence or ignorance.
2. Revealing clients secrets learned in
lawyers professional capacity thru POWER TO DISCIPLINE ERRANT LAWYERS
malicious breach of professional duty or
inexcusable negligence or ignorance. 1. The Supreme Court has the full authority and
power to (WARDS)
Specific Acts which May Result to Criminal a. Warn
Liability 1. Admonish
1. A lawyer who has undertaken the defense
2. Reprimand
of client or has received confidential
information from said client in a case may 3. Suspend and
be criminally liable for undertaking 4. Disbar a lawyer
defense of opposing party in same cause [Section 27, Rules 138, Rules of Court]
without consent of first client.[Art. 209,
RPC]
2. The Court of Appeals and the Regional
2. A lawyer who shall knowingly introduce in
evidence in any judicial proceeding or to Trial Courts are also empowered to (WARS)
the damage of another or who, with intent a. Warn
to cause such damage, shall use any false b. Admonish
document may be held criminally liable c. Reprimand and
therefor. [Art.172, RPC]
d. Suspend an attorney who
3. A lawyer who misappropriates his clients
funds may be held liable for estafa. appears before them from the
practice of law for any of the
CONTEMPT OF COURT causes mentioned in Section 27,
Nature Rule 138 [Section 16, Rule 139-
It is exercised on preservative and not on
B].
vindictive principle and on corrective rather than
the retaliatory idea of punishment, for purposes Note: But they cannot disbar a lawyer.
that are impersonal. It is criminal in nature.
The power to punish for contempt is
inherent in all courts. It is essential in the FORMS OF DISCIPLINARY MEASURES (WARS
observance of order in judicial proceedings and to
CD)
enforcement of judgment, orders and writs.

Kinds of Contempt 1. Warning an act or fact of putting one


1. Direct Contempt consists of on his guard against an impending
misbehavior in the presence of or so near danger, evil consequences or penalties.
a court or judge as to interrupt or obstruct 2. Admonition a gentle or friendly reproof,
the proceedings before the court or the
administration of justice mild rebuke, warning or reminder,
2. Indirect or Constructive Contempt counseling, on a fault, error or oversight,
one committed away from the court an expression of authoritative advice.
involving disobedience of or resistance to 3. Reprimand a public and formal censure
a lawful writ, process, order, judgment or or severe reproof, administered to a
command of the court, or tending to
person in fault by his superior officer or a
belittle, degrade, obstruct, interrupt or
embarrass the court body to which he belongs.
3. Civil Contempt failure to do something 4. Suspension temporary withholding of a
ordered by the court which is for the lawyers right to practice his profession as
benefit of a party a lawyer for a certain period or for an
4. Criminal Contempt consists of any indefinite period of time.
conduct directed against the authority or a. Definit
dignity of the court. e
b. Indefin
Acts of a Lawyer Constituting Contempt
ite qualified disbarment; lawyer
1. Misbehavior as officer of court
determines for himself for how
2. Disobedience or resistance to court order
long or how short his suspension
3. Abuse or interference with judicial
shall last by proving to court that
proceedings
he is once again fit to resume
4. Obstruction in administration of justice
practice of law.
5. Misleading courts
5. Censure - Official reprimand.
6. Making false allegation, criticisms, insults,
veiled threats against the court 6. Disbarment - It is the act of the
7. Aiding in unauthorized practice of law Philippine Supreme Court in withdrawing
(suspended or disbarred) from an attorney the right to practice law.
8. Unlawful retention of clients funds The name of the lawyer is stricken out
9. Advise client to commit contemptuous
from the roll of attorneys.
acts

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE


CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
22 2005 CENTRALIZED BAR OPERATIONS

and capacity commonly possess and


SUSPENSION AND DISBARMENT exercise in the performance of tasks
Nature of Proceedings which they undertake, and when such
1. NOT a civil action because there is no failure proximately causes damage, it
plaintiff and no respondent, involves no gives rise to an action in tort. [Tan Tek
private interest. The complainant is not a
party and no interest in the outcome Beng vs. David, 126 SCRA 389]
except as all citizens have in proper
administration of justice, no redress for c. Grossly immoral conduct- that conduct
private grievance. which is willful, flagrant or shameless and
2. NOT a criminal prosecution because it is which shows a moral indifference to the
not meant as a punishment depriving him
of source of livelihood but rather to ensure opinion of the good and respectable
that those who exercise the function members of the community.
should be competent, honorable and
reliable so that public may repose CASE: In the case of Arciaga vs. Maniwang
confidence in them. [106 SCRA 591], mere intimacy between a lawyer
3. SUI GENERIS, it is a class of its own since
and a woman with no impediment to marry each
it is neither civil nor criminal
4. Confidential in nature. other voluntarily cohabited and had two children, is
5. Defense of double jeopardy is not neither so corrupt as to constitute a criminal act
available. nor so unprincipled as to warrant disbarment or
6. Can be initiated by the SC motu propio or disciplinary action against the man as a member of
by the IBP. It can be initiated without a the bar.
complaint;
7. Can proceed regardless of interest of the d. Conviction of a crime involving
complainants; moral turpitude (Examples: estafa,
8. Imprescriptible; bribery, murder, bigamy, seduction,
9. It is itself due process of law. abduction, concubinage, smuggling,
falsification of public document,
Reason for Making Disbarment Proceedings
violation of B.P. 22)
Confidential
To enable the Supreme Court to make its
e. Violation of oath of office
investigation free from any extraneous influence or
f. Willful disobedience of any lawful
interference as well as to protect the personal and
order of a superior court
professional reputation of attorneys and judges
g. Corruptly or willfully appearing as an
from the baseless charges of disgruntled, vindictive
attorney for a party to a case without
and irresponsible clients and litigants. [In Re:
authority to do so.
Abistado, 57 Phil 668]

2. Acquisition of an interest in the subject


GROUNDS FOR SUSPENSION OR DISBARMENT
matter of the litigation, either though
OF MEMBERS OF THE BAR
purchase or assignment [Art. 1491, Civil
1. Under Rule 138, Sec. 27 of the Revised
Code]
Rules of Court:
a. Deceit- is a fraudulent and deceptive
3. Breach of professional duty, inexcusable
misrepresentation, artifice of device used
negligence, or ignorance, or for the
by one or more persons to deceive and
revelation of the clients secrets [Art.
trick another, who is ignorant of the true
208, Revised Penal Code]
facts to the prejudice and damage of the
party imposed upon. There must be false
4. Representing conflicting interests [Art.
representation as matter of fact.
209, Revised Penal Code]
(Example: Misappropriation of clients
fund)
Grounds for disbarment NOT EXCLUSIVE:
The statutory enumeration of the grounds for
b. Malpractice, or other gross
disbarment or suspension is not to be taken as a
misconduct in office- any malfeasance
limitation on the general power of courts to
or dereliction of duty committed by a
suspend or disbar a lawyer. The inherent power of
lawyer. (Example: Failure of lawyer to
court over its officers cannot be restricted.
appeal in allowing the period of appeal to
[Quingwa vs. Puno, Admin. Case No 398, Feb. 28,
lapse)
1967] The Supreme Court has disbarred or
Legal Malpractice- consists of failure of
suspended lawyers for reasons not found in the
an attorney to use such skill, prudence
statute as when their acts are contrary to honesty
and diligence as lawyers of ordinary skill
or good morals or do not approximate the highest
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
23
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
degree of morality and integrity expected of the Note: Mere negligence without pecuniary
members of the bar. [Sta. Maria vs. Tuazon, Admin. damages justifies only reprimand or
Case No. 396, July 31, 1964]. censure except when breach of duty to
client is a gross violation of obligation to
court.
Quantum of Evidence Required: clear, 2. Employment of unlawful means
convincing and satisfactory evidence 3. Deceit or misrepresentation
Burden of Proof: rests on the complainant, the Requisites
one who instituted the suit a. Bad faith on the part of the lawyer
b. Material damage to client
4. Representing adverse Interest and
revealing clients secrets - If there is
no written consent of client, a lawyer may
not represent conflicting interest. The fact
that lawyer did not acquire confidential
information from client nor use the same
against the latter does not excuse him
from responsibility.
BREACH OF DUTIES OF A LAWYER 5. Purchase clients property in
litigation
Breach of Duties to Court Requisites:
1. Obstructing Administration of justice a. Lawyer is counsel for client at the
time he acquired the property
constitutes misconduct and justifies
b. Property is subject of litigation
disciplinary action against him and
c. Acquires it by himself or through
contempt of court. (Example: Forum
another
shopping)
d. Acquires property during pendency
2. Misleading court knowingly making
of litigation
false allegation in pleadings, misquoting 6. Failing to account or
text of documents, suppressing material misappropriation of clients property
facts - presupposes fraudulent intent of lawyer.
3. Preferring false charges filing or Immediate repayment by lawyer of
prosecuting false charges against another clients money or property after demand
for his action is violative of duty to do but before institution by client of
falsehood nor consent to doing of any in disbarment proceedings negate
court, nor wittingly or willingly promote or fraudulent intent. If the lawyer has a lien,
sue any false, groundless, unlawful suit. it cannot be used as an excuse for not
Requisites making an accounting.
a a. Charges are fake 7. Collecting unreasonable fees Where
b b. Lawyer knows them to be so the law fixes the maximum amount which
4. Introducing False Evidence it is a lawyer may charge client, collection of
violation of oath to do no falsehood nor more than what law allows constitutes
consent to doing of any in court. When malpractice.
false testimony is material to inquiry or 8. Acting without authority - a lawyer can
relevant to issue, it requires suspension or bind client without special power of
disbarment. On the other hand, when the attorney only on procedural matters
testimony is immaterial or irrelevant and 9. Willfully appearing without being
does not cause substantial prejudice, it retained -It must be willful, corrupt or
only warrants lesser sanction, such as contumacious in order that he may be
warning or reprimand held liable.
5. Willfully disobeying court orders
lawyer may be punished for contempt and Breach of Duties to Bar
disciplined as officer of court. a. Unethical conduct
6. Using vicious or disrespectful or unprofessional conduct - that which
language constitutes direct contempt; violates rules or ethical code of legal
violation of oath and Code of Professional profession.
Responsibility. b. Defaming fellow
7. Continue to practice after suspension lawyer Use of improper and
constitutes gross misconduct and willful objectionable language against another
disregard of suspension order. lawyer or accuse him wantonly and
maliciously of a serious misconduct in the
absence of reasonable cause constitutes
misconduct. Strongly worded statements
by a lawyer against opposing lawyer, if
Breach of Duties to Client justified by records, may not justify
1. Negligence in performance of duties disciplinary action against him.
Requisites to Warrant Suspension or c. Encroaching upon
Disbarment: business of another
i. Negligence and d. Soliciting business -
carelessness which must be gross for purpose of gain, personally or through
in character paid agents is MALPRACTICE and agreeing
ii. Caused material with non-lawyer to divide lawyers fees
prejudice to client paid by client or for solicitation by non-
lawyer.
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
24 2005 CENTRALIZED BAR OPERATIONS

e. Advertising 1. Supreme Court


2. Integrated Bar of the Philippines (IBP)
through its Commission on Bar Discipline or
OTHER GROUNDS FOR DISCIPLINE
authorized investigators
1. NON-PROFESSIONAL MISCONDUCT 3. Office of the Solicitor General
General Rule: Lawyer may not be suspended or
disbarred for misconduct in his non-professional or
private capacity. GRIEVANCE PROCEDURE: DISBARMENT,
Exception: Where such is so GROSS to show him
to be morally unfit for office or unworthy of SUSPENSION, AND DISCIPLINE OF
privilege, court may be justified in suspending or ATTORNEYS (Rule 139-B)
removing him from the roll of attorneys. Proceedings for the disbarment,
suspension and discipline of attorneys may be
2. GROSS IMMORALITY- AN ACT OF
taken:
PERSONAL IMMORALITY ON THE PART OF THE
LAWYER IN HIS PRIVATE RELATION WITH 1. by the Supreme Court motu proprio,
OPPOSITE SEX MAY PUT CHARACTER IN or,
DOUBT. BUT TO JUSTIFY SUSPENSION OR 2. by the IBP upon the verified
DISBARMENT, THE ACT MUST NOT ONLY BE complaint of any person
IMMORAL, IT MUST BE GROSSLY IMMORAL. The IBP Board of Governors may
(ABAIGAR VS. PAZ)
initiate and prosecute proper charges against
Grossly Immoral Conduct one so corrupt and erring attorneys including those in
false as to constitute criminal act or so government:
unprincipled or disgraceful as to be reprehensible 1. motu propio or
to a high degree. Cohabitation per se is not grossly
2. upon referral by the SC or
immoral, it depends on circumstances and it is not
necessary that there be prior conviction for offense 3. by a Chapter Board of Officers or
before lawyer may be disciplined for gross at the instance of any person.
immorality. If the evidence is not sufficient to hold The complaint must be:
the lawyer liable for gross immorality, he may still 1. verified;
be reprimanded where evidence shows failure on
2. state clearly and
his part to comply with rigorous standards of
conduct required from lawyers. concisely the facts complained of;
3. supported by
3. CONVICTION OF CRIME INVOLVING MORAL affidavits of persons having personal
TURPITUDE knowledge of the facts therein
All crimes of which fraud or deceit is an element or
alleged, or by such documents as
those inherently contrary to rules of right conduct,
honesty or morality in civilized community may substantiate it;
4. six (6) copies shall be filed with the
4. PROMOTING TO VIOLATE OR VIOLATING Secretary of IBP or any of its
PENAL LAWS Chapters.
5. MISCONDUCT IN DISCHARGE OF OFFICIAL
DUTIES OUTLINE OF DISBARMENT PROCEEDING IN
A lawyer who holds a government office may THE IBP (RULE139-B)
not be disciplined as a member of the bar for 1. The case shall be assigned to a National
misconduct in the discharge of his duties as a Grievance Investigator where the Board of
government official. If the misconduct, however, is
Governors shall appoint one from among
in violation of the Code of Professional
Responsibility or of his oath as a lawyer or is of IBP members of three (3) when special
such a character as to affect his qualifications as a circumstances warrant;
lawyer, he may be subject to disciplinary action 2. If the complaint is meritorious, the
such as disbarment (Collantes vs. Renomeron). respondent shall be served with a copy
This rule does not apply to impeachable officials
requiring him to answer within 15 days
like SC Justices, Members of the Constitutional
Commission and Ombudsman because they can be from service;
removed only by impeachment. 3. The respondent shall file an answer
containing six (6) copies and shall verify
6. COMMISSION OF FRAUD OR FALSEHOOD the same; after receipt of the answer or
lapse of the period to do so, the Supreme
7. MISCONDUCT AS NOTARY PUBLIC
By applying for having himself commissioned Court ,may, motu propio or at the instance
as notary public, lawyer assumes duties in dual of the IBP Board of Governors, upon
capacity, the non-performance of which be may be recommendation by the Investigator,
a ground for discipline as member of bar. suspend an attorney from practice, for
any of the causes under Rule 138, Sec.
OFFICERS AUTHORIZED TO INVESTIGATE
DISBARMENT CASES
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
25
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
27, during the pendency of the d. In case of 2 or more suspensions
investigation; service will be successive, not
4. After joinder of the issues or failure to simultaneous
answer, the respondent shall be given full
Investigating Judge CANNOT dismiss case
opportunity to defend himself. But if the
CASE: The investigating judges authority is
respondent fails to appear to defend
only to investigate, make a report and
himself inspite of notice, the investigator
recommendation on the case to be submitted to
may proceed ex parte. The investigation
the SC for final determination. [Graciano vs.
shall be terminated within three (3)
Sebastian, 231 SCRA 588]
months from commencement which
period may be extended;
Effect of desistance, withdrawal of complaint
5. The Investigator shall make a report to the
or non-appearance of complainant in
Board of Governors within 30 days from
disbarment proceedings
termination of the investigation which
The desistance or the withdrawal of the
report shall contain his findings and
complainant of the charges against a judge does
recommendations together with the
not deprive the court the authority to proceed to
evidence;
determine the matter. Nor does it necessarily result
6. The Board of Governors shall have the
in the dismissal of the complaint except when, as a
power to review the decision of the
consequence of the withdrawal or desistance no
Investigator. Its decision shall be
evidence is adduced to prove the charges. This rule
promulgated within a period not
is founded on the rationale that a disbarment
exceeding 30 days from the next meeting
proceeding is neither civil nor criminal but one
of the Board following the submission of
prosecuted solely for the public interest. What is
the report of the Investigator:
important is whether the charges against the
. If the decision is a finding of guilt of the
respondent have been duly proved.
charges, the IBP Board of Governors shall
(Note: The same principle applies to
issue a resolution setting forth its findings
administrative charges against judges.)
and recommendations which shall be
transmitted to the Supreme Court for final
Doctrine of RES IPSA LOQUITOR (the thing
action together with the record;
speaks for itself)
b. If the decision is for exoneration,
or if the sanction is less than suspension
CASES: This principle or doctrine applies to
or dismissal, the Board shall issue a
both judges and lawyers. Judges had been
decision exonerating the respondent or
dismissed from the service without need for a
imposing a lesser sanction. The resolution
formal investigation because based on the records,
exonerating the respondent shall be
the gross misconduct or inefficiency of the judges
considered as terminating the case unless
clearly appears. [Uy vs. Mercado, 154 SCRA 567].
upon petition of the complainant or other
The same principle applies to lawyers. Thus,
interested party filed with the Supreme
on the basis of the lawyers comment or answer to
Court within 15 days from notice of the
a show-cause order of SC, it appears that the
Boards decision.
lawyer has so conducted himself in a manner
PROCEDURE FOR DISBARMENT IN THE which exhibits his blatant disrespect to the court,
SUPREME COURT or his want of good moral character or his violation
1. Upon the initiation of the complaint, the of the attorneys oath, the lawyer may be
Supreme Court may refer the case for suspended or disbarred without need of a trial-type
investigation to the Solicitor General, or
proceeding. What counts is that the lawyer has
any officer of the Supreme Court, or judge
of a lower court; been given the opportunity to give his side.
2. If referred, the investigator shall proceed [Prudential Bank vs. Castro 155 SCRA 604]
with the investigation and make a report
to the Supreme Court. DEFENSES
The purpose and nature of disbarment
Rules in the Imposition of Penalties proceedings make the number of defenses
a. In case of Suspension available in civil and criminal actions inapplicable
Division 1 year or less in disciplinary proceedings. The Statute of
En Banc exceeds 1 year Limitations is not a defense in disciplinary
proceedings nor does the fact the circumstance
b. In case of Fine that facts set up as ground for disbarment
Division P10,000 or less constitute crime, the prosecution for which in
En Banc P10,000 or more criminal action is barred by prescription, preclude
the disbarment proceeding.
c. In case of both Suspension and Fine en However, the fact that a considerable
banc if the suspension exceeds 1 year or length of time has lapsed from the date the
the fine exceeds P10, 000. misconduct took place to date the complaint for

LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE


CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
26 2005 CENTRALIZED BAR OPERATIONS

disbarment was filed may indicate ulterior motive


on the part of complainant or innocence on the SUSPENSION OR DISBARMENT
part of respondent. A lawyer who has been suspended or
disbarred cannot practice law without being held
MODIFYING CIRCUMSTANCES liable for contempt of court. The suspended lawyer
Extent of disciplinary action depends on
attendance of mitigating or aggravating may be disbarred for violation of the suspension
circumstance. order. Such judgment does not prohibit pro se
practice (Geeslin vs. Navarro; 185 SCRA).
If the lawyer holds a government office
Mitigating Circumstances which requires membership in the bar as an
1. Good faith indispensable qualification, he may be dismissed
2. Want of intention to commit wrong from said office (Collantes vs. Renomeron; 200
3. Lack of material damage to complainant SCRA).
4. Desistance of complainant
5. Youth and inexperience, etc.
Aggravating Circumstances REINSTATEMENT
1. Abuse of authority or of attorneyclient
relationship The Supreme Court has the exclusive
2. Sexual intercourse with a relative
3. Charge of gross immorality authority to reinstate. This is based on its
4. Previous dismissal as member of the bar constitutional prerogative to promulgate rules on
the admission of applicants to the practice of law.
EFFECT OF EXECUTIVE PARDON Petitioner must prove that he is once again fit and
If during the pendency of disbarment proper person to practice law. The following must
proceeding the respondent was granted executive be taken into consideration:
pardon, the dismissal of the case on that sole basis 1. the applicants character and standing
will depend on whether the executive pardon is prior to disbarment;
2. the nature or character of misconduct for
absolute or conditional. If the pardon is absolute, which he is disbarred;
the disbarment case will be dismissed. However, if 3. his conduct subsequent to disbarment
the executive pardon is conditional, the disbarment [Cui vs. Cui, 11 SCRA 755];
case will not be dismissed on the basis thereof. 4. including his efficient government service
Absolute pardon by President may wipe [In re Adriatico, 17 Phil 324]
out conviction as well as offense itself and the 5. the time that has elapsed between
grant thereof in favor of a lawyer is a bar to a disbarment and the application for
proceeding for disbarment against him based reinstatement and the circumstances that
solely on commission of such offense. The reason he has been sufficiently punished and
is that the respondent lawyer, after the absolute disciplined [Prudential Bank vs. Benjamin
pardon, is as guiltless and innocent as if he never Grecia, 192 SCRA 381]
committed the offense at all. 6. applicants appreciation of significance of
If absolute pardon is given to lawyer after his dereliction and his assurance that he
being disbarred for conviction of crime, it does not now possesses the requisite probity and
automatically entitle him to reinstatement to the integrity;
bar. It must be shown by evidence aside from 7. favorable endorsement of the IBP, pleas of
absolute pardon that he is now a person of good his loved ones [Yap Tan vs. Sabandal, 170
moral character and fit and proper person to SCRA 207].
practice law. In case of a conditional pardon, there
will be a remission of unexpired period of sentence. The court may require applicant for
reinstatement to enroll in and pass the required
EFFECTS OF DEATH OF LAWYER DURING fourth year review classes in a recognized law
PENDENCY OF DISCIPLINARY ACTION school. [Cui vs. Cui, 11 SCRA 755; In re Rusiana, 56
AGAINST HIM SCRA 240]
1. Renders action moot and academic
2. (But) court may still resolve case on the merit A previously disbarred lawyer who is given
in order to clear publicly the name of the absolute pardon by the President is not
lawyer. automatically reinstated, he must still file a petition
for reinstatement with the SC.

JUDGMENT
Condition for Reinstatement
DISMISSAL OF CASE A lawyer who has been suspended or
In the absence of convincing or clearly disbarred may be reinstated when the SC is
preponderant evidence, disbarment case against convinced that he has already possessed the
him should be dismissed. However, the court can requisites of probity and integrity necessary to
still impose conditions despite dismissal of
guarantee his worth to practice his profession.
disciplinary action against him, if the facts so
warrant and in the event the lawyer fails to comply
with such condition, it may suspend or disbar him
for disobedience of its order.

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT


CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
27
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
EFFECTS OF REINSTATEMENT or has held public office in the
1. Recognition of moral rehabilitation and Philippines requiring admission to the
mental fitness to practice law; practice of law as an indispensable
2. Lawyer shall be subject to same law, rules
and regulations as those applicable to any requisite.
other lawyer;
3. Lawyer must comply with the conditions JUDICIAL DEPORTMENT
imposed on his readmission
Attitude Towards Counsel
He must be courteous especially to the
IV. JUDICIAL ETHICS young and inexperienced. He should not interrupt
in their arguments except to clarify his mind as to
Judicial Ethics branch of moral science which their positions. He must not be tempted to an
unnecessary display of learning or premature
treats of the right and proper conduct to be
judgment. He may criticize and correct
observed by all judges and magistrates in trying unprofessional conduct of a lawyer but not in
and deciding controversies brought to them for insulting manner.
adjudication which conduct must be demonstrative
of impartiality, integrity, competence, Attitude Toward Litigants and Witness
He must be considerate, courteous and
independence, and freedom from improprieties.
civil, and he must not utter intemperate language
during hearing of case.
Court a board or other tribunal which decides a
litigation or contest Proper Judicial Conduct
Conduct self as to be beyond reproach
and suspicion and be free from appearance of
Judge a public officer who, by virtue of his office,
impropriety in their personal behavior not only in
is clothed with judicial authority discharge of official duties but also in their
everyday life.
De Jure Judge one who is exercising the office of
a judge as a matter of right; an officer of a court Cold Neutrality of Impartial Judge
A judge should not only render just, correct
who has been duly and legally appointed
and impartial decision but do so in manner free
from suspicion as to its fairness and impartiality
De Facto Judge an officer who is not fully
and as to his integrity. It is indispensable requisite
invested with all the powers and duties conceded
of due process.
to judges, but exercising the office of a judge under
some color of right
NEW CODE OF JUDICIAL CONDUCT FOR THE
PHILIPPINE JUDICIARY
QUALIFICATIONS
(A.M. No. 03-05-01-SC)
(June 1, 2004)
Supreme Court and Court of Appeals Justices
supersedes the Canons of Judicial
1. Natural-born citizen of the Philippines;
Ethics and the Code of Judicial Conduct to the
2. At least 40 years of age;
extent that the provisions or concepts therein
3. Must have been for 15 years or more a
are embodied in this Code, provided, that in
judge of a lower court or engaged in
case of deficiency or absence of specific
the practice of law;
provisions in this Code, the Canons of Judicial
4. Must be a person of proven
Ethics and the Code of Judicial Conduct shall
competence, integrity, probity and
be applicable in a suppletory character.
independence.

CANON-
RTC Judges
i. Independence
1. Natural-born citizen of the
ii. Integrity
Philippines;
iii. Impartiality
2. At least 35 years of age;
iv. Propriety
3. For at least 10 years has been
v. Equality
engaged in the practice of law in the
vi. Competence and Diligence
Philippines or has held a public
PURPOSE: to update and correlate
office in the Philippines requiring
the Code of Judicial Conduct and the Canons of
admission to the practice of law as
Judicial Ethics adopted for the Philippines, but
an indispensable requisite.
also to stress the Philippines solidarity with
MTC Judges
the universal clamor for a universal code of
1. Natural-born citizen of the Philippines;
judicial ethics.
2. At least 30 years of age;
3. For at least 5 years has been engaged
CANON 1: INDEPENDENCE
in the practice of law in the Philippines
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
28 2005 CENTRALIZED BAR OPERATIONS

In performing judicial duties, judges Grounds for Disqualification and Inhibition of


should: Judges Under the New Code of Judicial
1. function independently on the basis of Conduct:
their assessment of the facts and in Judges shall disqualify themselves from
accord with a conscientious understanding participating in any proceedings in which they are
of the law, free from any extraneous unable to decide the matter impartially OR in
influence, inducement, pressure, threat or which it may appear to a reasonable observer that
interference. they are unable to decide the matter impartially.
2. be independent from judicial colleagues in Such proceedings include, but are NOT limited to,
respect of decisions. instances where:
3. not allow family, social, or other 1 the judge has actual bias or prejudice
relationships to influence judicial conduct concerning a party or personal knowledge
or judgment. of disputed evidentiary facts concerning
(NOTE: The prestige of judicial office shall the proceedings;
not be used or lent to advance the private 2 the judge previously served as a lawyer or
interests of others, nor convey or permit was a material witness in the matter in
others to convey the impression that they are controversy;
in a special position to influence the judge.) 3 the judge, or a member of his or her
4. be free from inappropriate connections family, has an economic interest in the
with, and influence by, the executive and outcome of the matter in controversy;
legislative branches of government. 4 the judge served as executor,
5. be independent in relation to society in administrator, guardian, trustee, or lawyer
general and in relation to the particular in the case or matter in controversy, or a
parties to a dispute which she/he has to former associate of the judge served as
adjudicate. counsel during their association, or the
6. encourage and uphold safeguards for the judge or lawyer was a material witness
discharge of judicial duties. therein;
(REASON: To maintain and enhance the 5 the judges ruling in a lower court is the
institutional and operational independence of subject of review;
the judiciary.) 6 the judge is related by consanguinity or
7. exhibit and promote high standards of affinity to a party litigant within the sixth
judicial conduct. civil degree or to counsel within the fourth
(REASON: To reinforce public confidence in civil degree; or
the judiciary.) 7 the judge knows that his or her spouse or
child has a financial interest, as heir,
Judges shall refrain from influencing in any legatee, creditor, fiduciary, or otherwise,
manner the outcome of litigation or dispute in the subject matter in controversy or in
pending before another court or administrative a party to the proceeding, or any other
agency. interest that could be substantially
affected by the outcome of the
proceedings. (Sec. 5)

CANON 2: INTEGRITY Remittal of Disqualification: A judge


Conduct of judges must: disqualified as stated above may, instead of
1 be above reproach, and be so in the view withdrawing from the proceeding, disclose on the
of a reasonable observer. records the basis of disqualification. If based on
2 reaffirm the peoples faith in the integrity such disclosure, the parties and lawyers
of the judiciary.
independently of the judges participation, all
Judges should take or initiate appropriate agree in writing that the reason for the inhibition is
disciplinary measures against lawyers or court immaterial or unsubstantial, the judge may then
personnel for unprofessional conduct of which the participate in the proceeding. The agreement,
judge may have become aware. signed by all parties and lawyers, shall be
incorporated in the record of the proceedings.
CANON 3: IMPARTIALITY (Sec. 6)
Judges shall perform their judicial duties
without favor, bias or prejudice. Grounds for Disqualification and Inhibition of
Judges Under the Rules of Court:
1. Mandatory or Compulsory Disqualification
DISQUALIFICATIONS OF JUDGES [Rule 137, ROC]

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT


CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
29
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
a. when he, or his wife, or child is CASE: The second paragraph of Section 1, Rule
pecuniarily interested as heir, 137 does not give the judge the unfettered
legatee, creditor or otherwise discretion to decide whether or not he will desist
b. when he is related to either party from hearing a case. the inhibition must be for just
within the sixth (6th) degree of and valid causes. The mere imputation of bias or
consanguinity or affinity or to counsel partiality is not enough grounds for a judge to
within the fourth (4th) civil degree inhibit, especially when the same is without any
c. when he has been an executor, basis. (People vs. Kho, 357 SCRA 290, April 20,
guardian, administrator, trustee or 2001)
counsel
d. when he has presided in an inferior CANON 4: PROPRIETY
court where his ruling or decision is Judges shall, in their personal relations
subject to review with individual members of the legal profession
2. Voluntary Inhibition who practice regularly in their court, avoid
A judge may, in the exercise of his sound situations which might reasonably give rise to the
discretion disqualify himself, for just and valid suspicion or appearance of favoritism or partiality.
reasons other than those mentioned above. (Sec. 3)
[Section 1, Rule 137]
This leaves the discretion to the judge to Judges shall not allow the use of their
decide for himself questions as to whether he will residence by a member of the legal profession to
desist from sitting in case for other just and valid receive clients of the latter or of other members of
reasons with only his conscience to guide him, the legal profession. (Sec. 5)
unless he cannot discern for himself his inability to
meet the test of the cold neutrality required of him,
in which event the appellate court will see to it that PROHIBITION TO DISCLOSE INFORMATION
he disqualifies himself. Confidential information acquired by
A decision to disqualify himself is not judges in their judicial capacity shall not be used or
conclusive and his competency may be determined disclosed by for any other purpose related to their
on application for mandamus to compel him to act. judicial duties. (Sec. 9)
Judges decision to continue hearing a case in
The prohibition will discourage if not stop
which he is not legally prohibited from trying
notwithstanding challenge to his objectivity may judges from making business speculations in some
not constitute reversible error. business ventures, the secrets of which he learned
The filing of an administrative case by reason of his position as a judge.
against a judge does not disqualify him from The judge may be liable for violation of
hearing a case. The court has to be shown other Section 3(k) of RA 3019 divulging valuable
than the filing of administrative complaint, act or information of a confidential character, acquired by
conduct of judge indicative of arbitrariness or his office or by him on account of his official
prejudice before the latter being branded as the position to unauthorized persons or releasing such
stigma of being biased or partial. information in advance of its authorized release
due.
*DISQUALIFICATION vs. INHIBITION Violation of the rule may also lead to
DISQUALIFICATION INHIBITION revelation of secrets by an officer or to
1. The Rules 1. The Rules does revelation of the secrets of a private individual
enumerates the specific not expressly punishable by Articles 229 and 230 of the Revised
and exclusive grounds enumerate the Penal Code respectively.
under which any judge specific grounds
or judicial officer is for inhibition but
disqualified from acting merely gives a
as such. broad basis
thereof, i.e. PROHIBITION TO PRACTICE LAW
good, sound or Judges shall not practice law whilst the
ethical grounds holder of judicial office. (Sec. 11)
Section 35 of Rule 138 of Rules of Court
prohibits judges, officials or employees of superior
courts xxx from engaging in private practice as
members of the bar and in giving professional
advice to clients.
2. Rule gives the judicial 2. Rules leaves the
officer no discretion to matter of CASES: The reason for the prohibition has been
try or sit in a case inhibition to the explained in Dia-Anonuevo vs. Bercacio [68 SCRA
sound discretion 81]. The Supreme Court held that the rule
of the judge disqualifying a municipal judge from engaging in
the practice of law seeks to avoid the evil of
possible use of the power and influence of his
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
30 2005 CENTRALIZED BAR OPERATIONS

office to affect the outcome of a litigation where he


is retained as counsel. Compelling reasons of Loans Prohibited Under the Constitution
public policy lie behind this prohibition, and judges Under Section 16 Article XI No loan,
are expected to conduct themselves in such a guarantee or other form of financial
manner as to preclude any suspicion that they are accommodation for any business purpose may be
representing the interests of party litigant. granted directly or indirectly by any government-
In De Castro vs. Capulong [118 SCRA 52] owned or controlled bank or financial institution to
a judge who merely acted as a witness to a xxx members of the Supreme Court xxx during
document and who explained to the party waiving their tenure.
his right of redemption over the mortgaged
properties and the consequences thereof does not Taking or Receiving Loans From Litigants
engage himself in the practice of law. It is a serious misconduct for a judge to
receive money from a litigant in the form of loans
PROHIBITION AGAINST ACCEPTING GIFTS, which he never intended to pay back. Even if the
BEQUEST OR LOANS judge intends to pay, it is an act of impropriety to
General Rule: (1) Judges and members of their take a loan from a party-litigant. The judge could
families, as well as (2) court staff or others subject not be wholly free from bias in deciding a case
to their influence, direction or authority, shall where his lender is a party. A judge should always
neither ask for, nor accept, any gift, bequest, loan strive to be free from suspicion and all forms of
or favor in relation to anything done or to be done improprieties.
or omitted to be done by him or her in connection
with the performance of judicial duties.(Sec. 13
CANON 5: EQUALITY
and 14)
Judges shall not, in the performance of
Exception: Subject to law and to any legal
judicial duties, by words or conduct, manifest bias
requirements of public disclosure, judges may
or prejudice towards any person or group on
receive a token, gift, award or benefit as
irrelevant grounds. (Sec. 2)
appropriate to the occasion on which it is made
provided that such gift, award or benefit might not
CANON 6: COMPETENCE AND DILIGENCE
reasonably be perceived as intended to influence
Judges shall take reasonable steps to
the judge in the performance of judicial duties or
maintain and enhance their knowledge, skills and
otherwise give rise to an appearance of partiality.
personal qualities necessary for the proper
(Sec. 15)
performance of judicial duties, taking advantage
for this purpose of the training and other facilities
Bribery; Direct or Indirect
which should be made available, under judicial
Acceptance of gifts given by reason of the
control, to judges. (Sec. 3)
office of the judge is indirect bribery [Art. 211
Revised Penal Code] and when he agrees to
CASE: Judges must be conscientious, studious
perform an act constituting a crime in connection
and thorough,[83] observing utmost diligence in
with the performance of his official duties in
the performance of their judicial functions.[84]
consideration of any offer, promise, gift or present
They have to exhibit more than just cursory
receive by such officer, he is guilty of direct
acquaintance with statutes and procedural rules.
bribery. [Art. 210 Revised Penal Code]
Moreover, they must require court personnel to
observe at all times high standards of public
Anti-Graft and Corrupt Practices Act
service and fidelity. (Atty. Fabella vs. Judge Lee,
Under RA 3019, the judge is liable
A.M. No. MTJ-04-1518. January 15, 2004)
criminally for directly or indirectly receiving gifts,
Judges shall maintain order and decorum
present or other pecuniary or material benefit for
in all proceedings before the court and be patient,
himself or for another under conditions provided in
dignified and courteous in relation to litigants,
Section 2, b and c of the law..
witnesses, lawyers and others with whom the
Exception: Excepted are unsolicited gifts or
judge deals in an official capacity. Judges shall
presents of small value offered or given as a mere
require similar conduct of legal representatives,
ordinary token of gratitude or friendship according
court staff and others subject to their influence,
to local custom or usage [Section 14, RA 3019].
direction or control. (Sec. 6)

Void Donations Under the Civil Code


Donations given to a judge or to his wife,
descendants or ascendants by reason of his office CODE OF JUDICIAL CONDUCT
are void [Art. 739, Civil Code]. Ownership does not (October 20 1989)
pass to the donee. Money or property donated is Canon-
recoverable by the donor, his heirs or creditors.
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
31
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
1: Uphold the integrity and independence of acted in his private capacity. Nevertheless, without
the judiciary in any way prejudging respondents liability,
2: Avoid impropriety and the appearance of respondent should be admonished to be careful
impropriety even in his private conduct because he is a model
3: Perform official duties honestly, and with of the law-abiding citizen and, for this reason, his
impartiality and diligence private life cannot be completely separated from
4: With due regard to official duties, engage his public persona. (Bernardo vs. Judge Tiamson,
in activities to improve the law, the legal A.M. No. RTJ-00-1565. August 6, 2001)
system and the administration of justice In Prosecutor Leo Tabao vs. Judge Pedro
5: Regulate extrajudicial activities to Espina [A.M. NO. RTJ-96-1347, June 29, 1999] it
minimize the risk of conflict with judicial was held that apropos the issue on the hasty
duties rendition of judgment in a criminal case, the
Supreme Court has reminded members of the
CANON 1: PROMPT DISPOSITION OF CASES bench time and again that as exemplars of justice
A judge should administer justice and law, judges must avoid not only impropriety
impartially and without delay. [Rule 1.02] but even the appearance of impropriety in all their
A judge shall dispose of the courts actions. Neither should they take undue interest in
business promptly and decide cases within the the settlement of criminal cases as the same may
required periods. [Rule 3.05] compromise the integrity and impartiality of their
CASES: In the Request of Judge Irma Zita office.
Masamayor [A.M. NO. 99-1-16, RTC, June 21 1999]
it was held that cognizant of the caseload of judges A judge should so behave at all times as
and mindful of the pressure of their work, the to promote public confidence in the integrity of the
Supreme Court almost always grants requests for judiciary. [Rule 2.01]
extension of time to decide cases. A heavy
caseload may excuse a judges failure to decide
cases within the reglementary period, but not his
or her failure to request for an extension of time CANON 3: PERFORMANCE OF DUTIES WITH
before the expiration of the period to be extended. HONESTY, IMPARTIALITY AND DILIGENCE
In Bernardo vs. Judge Amelia Fabros [A.M. A judge should perform official duties
NO. MTJ-99-1189, May 12, 1999], the Supreme honestly and with impartiality and diligence.
Court has always considered the failure of a judge A judge shall be faithful to the law and
to decide a case within the reglementary period as maintain professional competence. [Rule 3.01]
GROSS INEFFICIENCY and imposed either fine or
suspension from service without pay for such. The
CASE: In the case Exequiel Domingo vs. Judge
fines imposed vary in each case, depending chiefly
Luis Reyes [A.M. NO. MTJ-98-1165, June 21, 1999]
on the number of cases not decided within the
the Supreme Court held that judges are expected
reglementary period and other factors to wit: the
to keep abreast of developments in law and
presence of aggravating circumstances the
jurisprudence. The SC does not countenance
damage suffered by the parties as a result of the
respondent judges failure to inform himself of
delay, the health and age of the judge, etc.
recent jurisprudential rules. His error, while an
honest one and committed for the purpose of
CANON 2: AVOIDANCE OF IMPROPRIETY
achieving the ends of justice, must never happen
A judge should avoid impropriety and the
again. Respondent judge was reprimanded for
appearance of impropriety in all activities.
IGNORANCE OF THE LAW.
CASES: In Manuel vs. Judge Demetrio Calimay,
Where a partner accepts public office, he
Jr. [A.M. NO. RTJ-99-1441, May 28, 1999] it was
shall withdraw from the firm and his name shall be
held that the fact that the charges proffered in the
dropped from the firm name unless the law allows
instant case do not directly refer to respondent
him to practice concurrently. [Rule 3.03]
judges official functions does not mean he is
A judge cannot take refuge behind the
totally free from blame. Canon 2 of the Code of
inefficiency or mismanagement by court personnel.
Judicial Conduct provides that a judge should not
Proper and efficient court management is as much
only avoid impropriety but also the appearance of
as his responsibility. It is also his duty to organize
impropriety in all his activities. He should behave
and supervise the court personnel to ensure the
at all times as to promote public confidence in the
prompt and efficient dispatch of business.
integrity and impartiality of the judiciary. He should
be extra careful in all his dealings both in his
CANON 4: ENGAGING IN ACTIVITIES TO
professional and individual capacities in order to
IMPROVE THE LAW
promote and protect the image of the judiciary to
A judge may, with due regard to official
which he is privileged to belong.
duties, engage in activities to improve the law, the
Respondent, in removing the bamboo
legal system and the administration of justice.
poles and fishing nets installed by complainant,
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
32 2005 CENTRALIZED BAR OPERATIONS

A judge may, to the extent that the


following activities do not impair the performance FIDUCIARY ACTIVITIES
of judicial duties or cast doubt on the judges
impartiality: PROHIBITION TO SERVE AS EXECUTOR,
a. speak, write, lecture, teach or participate ADMINISTRATOR, ETC.
in activities concerning the law, the legal General Rule: The judge shall not serve as (a)
system and the administration of justice; executor, (b) administrator, (c) trustee, (d)
b. appear at public hearing before a guardian, (e) fiduciary.
legislative or executive body on matters Exception: when the estate, trust, ward or
concerning the law, the legal system or person for whom he will act as executor,
the administration of justice and administrator, trustee, guardian or fiduciary is a
otherwise consult with them on matter member of the immediate family- which is limited
concerning the administration of justice; to the spouse and relatives within the second
c. serve on any organization devoted to the degree of consanguinity provided that the judges
improvement of the law, the legal system services as fiduciary shall not interfere with the
or the administration of justice. [Rule performance of his judicial functions [Rule 5.06].
4.01] In such exceptional cases, the judge SHALL
NOT:
CANON 5: REGULATION OF THE a. serve in proceeding that might come
EXTRAJUDICIAL ACTIVITIES OF A JUDGE before the court of said judge
A judge should regulate extra-judicial b. act as such contrary to Rules 5.02 to 5.05.
activities so as to minimize the risk of conflict with (Note: the relationship mentioned is by
judicial duties. consanguinity and not by affinity.)

AVOCATIONAL/CIVIC/CHARITABLE ACTIVITIES PROHIBITION TO BE APPOINTED IN QUASI-


A judge may engage in the following JUDICIAL AND ADMINISTRATIVE AGENCIES
activities provided that they do not interfere with A judge shall not accept appointment or
the performance of judicial duties or detract from designation to any agency performing quasi-
the dignity of the court: write, lecture, teach and judicial or administrative functions. [Rule 5.09]
speak on non-legal subject The prohibition is based on Section 12,
a. engage in the arts, sports and other Art. VIII of the Constitution which provides: The
special recreational activities members of the Supreme Court and of other courts
b. participate in civic and charitable established by law shall not be designated to any
activities agency performing quasi-judicial or administrative
c. serve as an officer, director, trustee, or functions.
non-legal advisor of a non-profit or non- The appointment to such positions will
political, educational, religious, charitable, likely interfere with the performance of the judicial
and fraternal or civic organization. [Rule functions of a judge hence, the prohibition.
5.01]
PROHIBITION TO ENGAGE IN POLITICAL
FINANCIAL ACTIVITIES ACTIVITIES
A judge shall refrain from financial and A judge is entitled to entertain personal
business dealings: views on political questions. But to avoid suspicion
1. that tend to reflect adversely on the courts of political partisanship, a judge shall not make
impartiality political speeches, contribute to party funds,
2. that interfere with the proper performance of publicly endorse candidates for political office or
judicial activities participate in other partisan political activities.
3. that increase involvement with lawyers or [Rule 5.10]
persons likely to come before the court [Rule
5.02]
A judge should so manage investments LIABILITY OF JUDGES
and other financial interests as to minimize the In the absence of fraud, dishonesty or
number of cases giving grounds for corruption, acts of judge in his judicial capacity not
disqualification. subject to disciplinary action even though such
Subject to the provisions of the preceding acts are erroneous. He cant be subject to liability
rule, a judge may hold and manage investments criminal, civil, administrative for any of his official
acts, no matter how erroneous, so long as he acts
but should not serve as an officer, director, in good faith. In such a case, the remedy of
manager, advisor, or employee of any business aggrieved party is not to file administrative
except as director of a family business of the complaint against the judge but to elevate error to
judge. [Rule 5.03] higher court for review and correction
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
33
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
unjust judgment in any case submitted to
When a Judge May Be Held Liable: Civil, him for decision shall be punished by prision
Criminal and Administrative mayor and perpetual absolute
1. Malfeasance disqualification. [Art. 204 Revised Penal
2. Misfeasance Code]
3. Knowingly rendering unjust judgment or b. Manifestly Unjust Judgment- it is one
interlocutory order which is so patently against the law, public
4. Malicious delay in administration of justice order, public policy and good morals that a
5. Giving private party unwarranted benefit person of ordinary discernment can easily
in exercise of judicial function thru sense its invalidity and injustice.
manifest partiality, evident bad faith and In order that a judge may be held liable for
gross inexcusable negligence. knowingly rendering an unjust judgment, it must
be shown beyond doubt that the judgment is
CIVIL LIABILITIES OF JUDGES IN RELATION TO unjust as it is contrary to law or is not supported by
THEIR OFFICIAL FUNCTIONS evidence and the same was made with conscious
1. Any public officer or employee or any private and deliberate intent to do an injustice. [In Re:
individual, who directly or indirectly obstructs, Climaco, 55 SCRA 107]
defeats and violates or in any manner impedes or If the decision rendered by the judge is still on
impairs the civil rights and liberties of persons shall appeal, the judge cannot be disqualified on the
be liable for damages. [Art. 32, Civil Code] ground of knowingly rendering an unjust judgment.
The responsibility for damages is not [Abad vs. Blaza, 145 SCRA 1]
however demandable of judges except when the
act or omission of the judge constitutes a violation 2. Judgment Rendered Through Negligence
of the Penal Code or other penal statute. [Art. 32, Any judge who, by reason of inexcusable
last par.] negligence or ignorance shall render a manifestly
2. A judge who willfully or negligently renders a unjust judgment in any case submitted to him for
decision causing damages to another, shall decision shall be punished by arresto mayor and
indemnify the latter for the same. temporary special disqualification. [Art. 205
A judge is also civilly liable for damages, if Revised Penal Code]
in refusing or neglecting to decide a case without Negligence and ignorance are inexcusable
just cause, a person suffered material or moral loss if they imply a manifest injustice which cannot be
without prejudice to any administrative action that explained by reasonable interpretation. [In Re
may be taken against him. [Art. 27, Civil Code] Climaco, 55 SCRA 107]

DISABILITIES OF JUDGES UNDER THE CIVIL 4. Knowingly Rendering an Unjust


CODE Interlocutory Order Any judge who shall
1. Art. 1491. The following persons cannot knowingly render an unjust interlocutory order
acquire by purchase, even at a public or judicial or decree shall suffer the penalty of arresto
action, either in person or through the mediation of mayor in its minimum period and suspension;
another: but if he shall have acted by reason of
xxx inexcusable negligence or ignorance and the
(5) Justices, judges, prosecuting attorneys, interlocutory order or decree be manifestly
clerks of superior and inferior courts and other unjust, the penalty shall be suspension. [Art.
officers and employees connected with the 206, Revised Penal Code]
administration of justice, the property and rights in
litigation or levied upon an execution before the 5. Maliciously Delaying the Administration
court within whose jurisdiction or territory they of Justice The penalty of prision correccional in
exercise their respective functions, this prohibition its minimum period shall be imposed upon any
includes the act of acquiring by assignment and judge guilty of malicious delay in the
shall apply to lawyers, with respect to the property administration of justice.
and rights which may be the object of any litigation To make the judge liable, the act must be
in which they may take part by virtue of their committed maliciously with deliberate intent to
profession. prejudice a party in a case.
Xxx

2. Art. 739. Donations made to a judge, his wife,


descendants and ascendants by reason of his office 6. Malfeasance Under the Anti-Graft and
are void. Corrupt Practices Act
A judge is criminally liable for causing an undue
CRIMINAL LIABILITIES OF JUDGES IN injury to a person or giving any private party an
RELATION TO THEIR OFFICIAL FUNCTIONS unwarranted benefit, advantage or preference in
1. Misfeasance the discharge of his official function through
a. Knowingly Rendering Unjust Judgment - manifest partiality, evident bad faith and gross
Any judge who shall knowingly render an inexcusable negligence. [Section 3(e), R.A. 3019]
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
34 2005 CENTRALIZED BAR OPERATIONS

and circumspection which the law requires in the


rendition of any public service.
DISCIPLINE OF MEMBERS OF THE BENCH
CASES: In the case of In Re: Leaves Of
POWER TO DISCIPLINE ERRING MEMBERS OF Absence Without Approval Of Judge Eric Calderon
THE BENCH [A.M. 98-8-105 MTC, January 26, 1999] - Judge
The Supreme Court has administrative Calderon was found guilty of gross misconduct,
supervision over all courts and the personnel abandonment of office and was dismissed due to
thereof [Section VI, Art. VIII, Constitution]. The his frequent leave of absence totaling to 3 years
Court en banc has the power to discipline all which were not approved and his explanations
judges of lower courts including justices of the were inexcusable. He has caused great disservice
Court of Appeals. It may even dismiss them by a to many litigants and has denied them speedy
majority vote of the members who actually took justice.
part in the deliberation of the issues in the case In the case of In Re: Judge Danilo Tenerife
and voted thereon [Section XI, Art. VIII, [255 SCRA 184] - The failure of a judge to decide
Constitution]. even a single case within the 90-day period was
The inferior courts (MTCs) are not considered gross inefficiency warranting the
empowered even just to suspend an attorney, imposition of fine equivalent to his one month
although they may cite or hold a lawyer in salary.
contempt of court for contemptuous acts.
Justices and judges, who are also lawyers,
if found guilty of certain crimes and / or of the Effect of resignation or retirement of a judge
causes for disbarment under the Rules of Court when there is a pending administrative case
may also be disbarred. against him
Justices of the Supreme Court however The retirement/resignation of a judge
may not be disbarred unless and until they shall may or may not render the administrative
have been first impeached in accordance with the complaint moot and academic. Each case will be
Constitution. The same is true with the other determined according to its surrounding
impeachable officers who are members of the bar. circumstances. (Pagayao vs. Imbing, A.M. No. 89-
403. August 15, 2001; Lilia vs. Judge Famunal, A.M.
CASE: While it is our duty to investigate and No. RTJ-99-1503. December 13, 2001)
determine the truth behind every matter in According to Pesole vs. Rodriguez [81
complaints against judges and other court SCRA 208] the acceptance by the President of the
personnel, it is also our duty to see to it that they resignation does not necessarily render the case
are protected and exonerated from baseless moot or deprive the SC of the authority to
administrative charges. The Court will not shirk investigate the charges. The court retains its
from its responsibility of imposing discipline upon jurisdiction either to pronounce the respondent
its magistrates, but neither will it hesitate to shield official innocent of the charges or declare him
them from unfounded suits that serve to disrupt guilty thereof. A contrary rule will be fraught with
rather than promote the orderly administration of injustice and pregnant with dreadful and dangerous
justice. ( Ocenar vs. Judge Mabutin, A.M. No. MTJ- implications.
05-1582, February 28, 2005 )
PROCEDURE FOR DISCIPLINE OF JUDGES
GROUNDS FOR DISCIPLINE OF JUDGES (RULE 140)
[Section 1, Rule 140, Revised Rules of Court] 1. Complaint, in writing and duly sworn to is
filed with the Supreme Court. [Sec. 1]
1. Serious Misconduct 2. If found meritorious, a copy thereof shall
2. Inefficiency be served on the respondent and he shall
be required to comment within 10 days of
Misconduct - implies malice or a wrongful intent, service. [Sec. 6]
not a mere error of judgment. For serious 3. Upon filing of respondents comment or
expiration of the period upon filing
misconduct to exist there must be reliable comment, the SC either refers the matter
evidence showing that the judicial acts complained to the Office of the Court Administrator
of were corrupt or inspired by an intention to (OCA) for evaluation, report, and
violate the law or were in persistent disregard of recommendation, or assigns a Justice of
well-known legal rules. the Court of Appeals (if respondent is an
RTC judge) or a judge of the RTC (if
Inefficiency - implies negligence, incompetence, respondent is a judge of an inferior court)
ignorance and carelessness. A judge would be to investigate and hear the charges. [Sec.
inexcusably negligent if he failed to observe in the 7]
performance of his duties that diligence, prudence 4. After hearings, the investigating justice or
judge submits a report of finding of fact,
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
35
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
conclusions of law and recommendations 2. Commitment to avoid situation that spur
to the Supreme Court. [Sec. 8] suspicion of arbitrary conditions.
5. The Supreme Court takes action as the 3. Complainant mellowed down in pushing
facts and the law may warrant. [Sec. 9] from his removal
Proceedings shall be private and 4. Length of time separated from service
confidential but a copy of the decision or resolution
of the Court shall be attached to the record of the
judge in the Office of the Court Administrator. [Sec. V. INTEGRATED BAR OF THE PHILIPPINES
11]
IBP is the national organization of lawyers
QUANTUM OF EVIDENCE REQUIRED
The ground for the removal of a judicial created on January 16, 1973 under Rule 139-A,
officer should be established beyond reasonable Rules of Court and constituted on May 4, 1973 into
doubt. Such is the rule where the charges on which a body corporate by P.D. No. 181
the removal is sought is misconduct in office, willful As the official national unification of the
neglect, corruption, or incompetence. The general entire lawyer population of the Philippines this
rules in regard to admissibility of evidence in
criminal trials apply. requires membership and financial support in
For liability to attach, the assailed order, reasonable amount of every attorney as conditions
decision or actuation of the judge in the sine qua non to the practice of law and the
performance of official duties must not only found retention of his name in the Roll of Attorneys.
to be erroneous but, most importantly, it must be The IBP Board of Governors is authorized
established that he was moved by bad faith,
to provide in the By-Laws for grievance procedure
dishonesty, hatred or some other like motive.
Similarly, a judge will be held administratively for the enforcement and maintenance of discipline
liable for rendering an unjust judgment one among all the members of the IBP, but no action
which is contrary to law or jurisprudence or is not involving the suspension or disbarment of a
supported by evidence when he acts in bad member or the removal of his name from the Roll
faith, malice, revenge or some other similar
of Attorneys shall be effective without the final
motive. In other words, in order to hold a judge
liable for knowingly rendering an unjust judgment, approval of the Supreme Court. [Rule 139-
it must be shown beyond reasonable doubt that A,Section 12, Rules of Court]
the judgment was made with a conscious and
deliberate intent to do an injustice. (Judge De CASE: Compulsory membership to the IBP is
Guzman vs. Dy, A.M. No. RTJ-03-1755, July 3, 2003)
not violative of a lawyers freedom of association.
IMPEACHMENT PROCEEDINGS AGAINST Integration does not make a lawyer a member of
JUDGES any group of which he is already a member. He
Penal in nature governed by rules on became a member of the bar when he passed the
criminal case and therefore requires proof beyond Bar Examinations. All that integration actually
reasonable doubt. Only SC justices are subject to
does is to provide an official national organization
impeachment.
for the well defined but unorganized and
MISCONDUCT incohesive group of which every lawyer is already a
Reliable evidence showing that judicial member. [In re: Edillon A.M. 1928]
actions are corrupt or inspired by intent to violate
the law or in persistent disregard of legal rules.
Voluntary termination of IBP membership,
Justices and Judges may not be investigated
under the grievance procedure in Rule 139-B, sec. How Effected
1 of the Revised Rules of Court. Complaints against By filing a verified notice to that effect
justices and judges are filed with the Supreme with the Secretary of IBP who shall immediately
Court which has administrative supervision over all bring the matter to the attention of the SC.
courts.
Forthwith, he shall cease to be a member and his
As a matter of practice, the Supreme
Court has assigned complaints against Municipal or name shall be stricken from the Roll of Attorneys.
Metropolitan Trial Judges to an Executive Judge of a
Regional Trial Court and complaints against judges Effect of failure to pay annual membership
of Regional Trial Courts to a justice of the Court of dues to the IBP
Appeals, while a complaint against a member of
The failure of any attorney to pay his
the Court of Appeals would probably be assigned to
a member of the Supreme Court for investigation, annual membership dues for 6 months shall
report and recommendation. Retired SC Justices warrant suspension of his membership in the IBP
are now tasked for this purpose. and default of such payment for one year shall be
a ground for the removal of his name from the Roll
REINSTATEMENT OF JUDGE PREVIOUSLY of Attorneys. [Sec. 10, Rule 139-A, Rules of Court].
DISCIPLINED CASES: A lawyer may not be disciplined either
No indication that he is inspired by corrupt by the IBP or the Court for failing to pay her
motives or reprehensive purpose in the obligation to complainant, a matter in her non-
performance of his functions. professional or private capacity. [Toledo vs. Abalos,
A. C. No. 5141, September 29, 1999]
Factors to be considered
1. Unsullied name & service of record prior Wanton disregard of the lawful orders of the
to dismissal IBP Commission on Bar Discipline a ground
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou Barrios,
Catherine Bool-Nuez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-Kristine Ventura
36 2005 CENTRALIZED BAR OPERATIONS

for suspension of a lawyer from the practice Discipline. [Toledo vs. Abalos, A. C. No. 5141,
of law. A lawyer was suspended from the practice September 29, 1999]
of law for one month due to her wanton disregard
of the lawful orders of the IBP Commission on Bar

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT


CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads),
Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-
Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres
(Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law),
Jackie Lou Bautista (Legal Ethics)