I. Legal Ethics 4.
Employment with a Collection agency which
DUTIES AND RESPONSIBILITIES OF A
LAWYER
To the Clients
AVAILABILITY OF SERVICE WITHOUT
DISCRIMINATION
Services Regardless of a Person’s Status
A lawyer shall not refuse his services to the
needy.
GR: A lawyer is not obliged to act as legal
counsel for any person who may wish to become
his client. He has the right to decline
employment.
EXC:
1. A lawyer shall not refuse his services to the
needy;
2. He shall not decline to represent a person
solely on account of the latter’s race, sex,
creed or status of life or because of his own
opinion regarding the guilt of said person;
3. He shall not decline, except for serious and
efficient cause like:
a. If he is not in a position to carry out
effectively or competently;
b. If he labors under a conflict of interest
between him and the prospective client.
• Rule 14.01 is applicable only in criminal cases.
In criminal cases, a lawyer cannot decline to
represent an accused or respondent because of
his opinion that the said person is guilty of the
charge or charges filed against him. In
representing the accused or respondent, the
lawyer must only use means which are fair and
honorable.
• Rule 14.01 is not applicable in civil cases
because it is the duty of an attorney to counsel
or maintain such actions or proceedings only
as appear to him to be just, and such defenses
only as he believes to be honestly debatable
under the law.
Instances when a lawyer has the duty to
decline employment no matter how attractive
the fee offered:
1. A violation of any of the Rules of the legal
profession;
2. Advocacy in any manner in which he had
intervened while in the government service;
3. Nullification of a Contract which he prepared;
solicits business to collect claims;
5. Employment, the nature of which might easily
be used as a means of Advertising his
professional services of his skill; or
6. Any matter in which he knows or has reason
to believe that he or his partner will be an
essential witness for the prospective client.
Reasons a lawyer may not accept a losing
civil case
1. The attorney’s signature in every pleading
constitutes a certificate by him that there is
good cause to support it and that it is not
interposed for delay, and willful violation of
such rule shall subject him to disciplinary
action;
2. It is the attorney’s duty to “counsel or
maintain such actions or proceedings only as
appears to him to be just and only such
defenses as he believes to be honestly
debatable under the law”;
3. A lawyer is not to encourage either the
commencement or the continuance of an
action or proceeding, or delay any man’s
cause, for any corrupt motive or interest; and
4. A lawyer must decline to conduct a civil cause
or to make a defense when convinced that it is
intended merely to harass or injure the
opposite party or to work oppression or
wrong.
• In accepting a losing case, a lawyer must not
engage in dilatory tactics and must advise his
client about the prospects and advantage of
settling the case through a compromise.
Services as Counsel de officio - A lawyer shall
not decline, except for serious and sufficient
cause, an appointment as counsel de officio or
as amicus curiae, or a request from the
Integrated Bar of the Philippines or any of its
chapters for rendition of free legal aid.
Attorneys for destitute litigants - A court may
assign an attorney to render professional aid free
of charge to any party in case, if upon
investigation it appears that the party is destitute
and unable to employ an attorney, and that the
services of counsel are necessary to secure the
ends of justice and to protect the rights of the
party. It shall be the duty of the attorney so
assigned to render the required service, unless
he is excused therefrom by the court for
sufficient cause shown.
Who may be appointed as counsel de officio
1. Members of the bar in good standing; and
2. Any person, resident of the province and of
good repute for probity and ability, in
localities without lawyers.
a. Counsel de officio: Counsel appointed by the
Court to represent a party unable to afford a
lawyer.
b. Counsel de parte: A party’s counsel of
choice.
c. Amicus Curiae: “friend of the court”; a non-
party who advises the Court as to complex
matters.
d. Attorney on Record: Lawyer whose name
and address appears in the record of a case.
Valid Grounds for Refusal. A lawyer may not
refuse to accept representation of an indigent
client unless:
a. He is in no position to carry out the work
effectively or competently;
b. He labors under a conflict of interest between
him and the prospective client or between a
present client and a prospective client.
Other justified grounds for refusal to act as a
counsel de officio are:
1. Too many de officio cases assigned to the
lawyer;
2. Conflict of interest;
3. Lawyer is not in a position to carry out the
work effectively or competently;
4. Lawyer is prohibited from practicing law by
reason of his public office which prohibits
appearances in court; and
5. Lawyer is preoccupied with too many cases
which will spell prejudice to the new clients.
• An accused who jumped bail is not an excuse
for a counsel de officio from giving his heart
and soul to the latter’s defense. The exercise of
their duties as counsel de officio meant
rendering full meaning and reality to the
constitutional precepts protecting the rights of
the accused.
• An appellant who is not confined in prison is
not entitled to an attorney de officio unless a
request is made within ten (10) days from
notice to file the appellant’s brief and the right
thereto is established by affidavit of poverty.
Candor, fairness and loyalty to clients. A
lawyer shall observe candor, fairness and loyalty
in all his dealings and transactions with his
client.
• It demands of an attorney an undivided
allegiance, a conspicuous and high degree of
good faith, disinterestedness, candor, fairness,
loyalty, fidelity and absolute integrity in all his
dealings and transactions with his clients and
an utter renunciation of every personal
advantage conflicting in any way, directly or
indirectly, with the interest of his client.
• If they find that their client’s cause is
defenseless, then it is their bounden duty to
advise the latter to acquiesce and submit rather
than to traverse the incontrovertible.
Confidentiality Rule. The purpose is to protect
the client from possible breach of confidence as
a result of a consultation with a lawyer.
Confidential communication is the information
transmitted by voluntary act of disclosure
between attorney and client in confidence and
by means which so far as the client is aware,
discloses the information to no third person
other than one reasonably necessary for the
transmission of the information or the
accomplishment of the purpose for which it was
given.
Privilege Communication. A lawyer shall be
bound by the rule on privileged communication
in respect of matters disclosed to him by a
prospective client.
Requisites:
1. There is attorney-client relationship or a kinds
of consultancy requirement with a prospective
client;
2. The communication was made by the client to
the lawyer in the course of the lawyer’s
professional employment;
3. The communication must be intended to be
confidential.
Essential factors to establish the existence of
the attorney-client privilege communication:
1. Where the legal advice of any kind is sought;
2. From a professional legal adviser in his
capacity as such;
3. The communications relating to that purpose;
4. Made in confidence;
5. By the client;
6. Are at his instance permanently protected;
7. From disclosure by himself or by the legal
advisor; and
8. Except if the protection be waived.
• The privilege continues to exist even after the
termination of the attorney-client relationship.
It outlasts the lawyer’s engagement. The
privileged character of the communication
ceases only when waived by the client himself
or after his death, by the heir or legal
representative.
• The party who avers that the communication is
privileged has the burden of proof to establish
the existence of the privilege unless from the
face of the document itself, it clearly appears
that it is privileged. the mere allegation that the
matter is privileged is not sufficient.
Persons entitled to claim the privilege
1. Lawyer;
2. Client; and
3. Third persons who by reason of their work
have acquired information about the case
being handled such as:
a. Attorney’s secretary, stenographer and
clerk;
b. Interpreter, messengers and agents
transmitting communication; and
c. An accountant, scientist, physician,
engineer who has been hired for effective
consultation.
Scope of the privilege
1. Does not cover transactions that occurred
beyond the lawyer’s employment with the
client.
2. Period to be considered is the date when the
privileged communication was made by the
client to the attorney in relation to either a
crime committed in the past or with respect to
a crime intended to be committed in the
future. If the crime was committed int he past,
the privilege applies. If it is still to be
committed, the privilege does not apply,
because the communication between a lawyer
and his client must be for a lawful purpose or
in furtherance of a lawful end to be
privileged.
3. Limited only to communications which are
legitimately and properly within the scope of
a lawful employment of a lawyer.
4. Embraces not only oral or written statements
but actions, signs or other means of
communications.
• An attorney cannot, without the consent of his
client, be examined as to any communication
made by the client to him or his advice given
thereon in the course of professional
employment; nor can an attorney’s secretary,
stenographer, or clerk be examined, without
the consent of the client and his employer,
concerning any fact the knowledge of which
has been acquired in such capacity.
• The protection given to the client is perpetual
and does not cease with the termination of the
litigation, not is it affected by the client’s
ceasing to employ the attorney and retaining
another, or by any other change of relation
between them. It even survives the death of the
client.
“The moment complainant approached the then
receptive lawyer-friend to seek legal advice, a
veritable lawyer-client relationship evolved
between the two which imposes upon the lawyer
certain restrictions circumscribed by the ethics
of the profession.”
Essential factors to establish the existence of
the attorney-client privilege communication:
1. where legal advice of any kind is sought,
2. from a professional legal adviser in his
capacity as such,
3. the communications relating to that purpose,
4. made in confidence,
5. by the client,
6. are at his instance permanently protected,
7. from disclosure by himself or by the legal
advisor,
8. except the protection be waived.
Conflict of Interest - A lawyer, in conferring
with a prospective client, shall ascertain as soon
as practicable whether the matter would involve
a conflict with another client or his own interest,
and if so, shall forthwith inform the prospective
client.
A lawyer shall not represent conflicting interests
except by written consent of all concerned given
after a full disclosure of the facts.
Presence of conflict of interest - There is
conflict of interest when a lawyer represents
inconsistent interests of two or more opposing
parties.
Tests of conflict of interests
1. Whether the acceptance of a new relation will
prevent an attorney from the full discharge of
his duty of undivided fidelity and loyalty to
his client or invite suspicion of unfaithfulness
or double-dealing in its performance.
2. If the acceptance of the new retainer will
require the attorney to perform an act which
will injuriously affect his first client in any
matter in which he represented
3. Whether or not in behalf of one client, it is the
lawyer’s duty to fight for an issue or claim,
but it is his duty to oppose it for the other
client. In brief, if he argues for one client, this
argument will be opposed by him when he
argues for the other client.
• This rule covers not only cases in which
confidential communications have been
confided, but also those in which no
confidence has been bestowed or will be used.
4. Whether the acceptance of a new relation will
prevent an attorney from the full discharge of
his duty of undivided fidelity and loyalty to
his client or invite suspicion of unfaithfulness
or double dealing in the performance thereof.
5. Whether the lawyer will be asked to use
against his former client any confidential
information acquired through their connection
or previous employment.
There is conflict of interest when a lawyer
represents inconsistent interests of two or more
opposing parties. The test is “whether or not in
behalf of one client, it is the lawyer’s duty to
fight for an issue or claim, but it is his duty to
oppose it for the other client. In brief, if he
argues for one client, this argument will be
opposed by him when he argues for the other
client. Also, there is conflict of interests if the
acceptance of the new retainer will require the
attorney to perform an act which will injuriously
affect his first client any knowledge acquired
through their connection. Another test of the
inconsistency of interests is whether the
acceptance of a new relation will prevent an
attorney from the full discharge of his duty of
undivided fidelity and loyalty to his client or
invite suspicion of unfaithfulness or double
dealing in the performance thereof.
Candid and Honest Advice to Clients - A
lawyer when advising his client shall give a
candid and honest opinion on the merits and
probable results of the client’s case, neither
overstating nor understating the prospects of the
case.
Concurrent Practice of Another Profession -
A lawyer who is engaged in another profession
or occupation concurrently with the practice of
law shall make clear to his client whether he is
acting as a lawyer or in another capacity.
Client’s Moneys and Properties - A lawyer
shall hold in trust all moneys and properties of
his client that may come into his possession.
Prohibition - Lawyers cannot acquire or
purchase, even at at public or judicial auction,
either in person or through the mediation of
another, the property and rights which may be
the object of any litigation in which they take
part by virtue of their profession.
Requisites:
1. There is an attorney-client relationship;
2. The property or interest of the client is in
litigation;
3. The attorney takes part as counsel in the case;
4. The attorney purchases or acquires the
property or right, by himself or through
another, during the pendency of litigation.
Fiduciary Relationship - A lawyer shall
account for all money or property collected or
received for or from the client.
• When a lawyer collects or receives money
from his client for a particular purpose (such
as for filing fees, registration fees,
transportation and office expenses), he should
promptly account to the client how the money
was spent. If he does not use the money for its
intended purpose, he must immediately return
it to the client.
• The fact that a lawyer has a lief for fees on
money in his hands would not relieve him
from the duty of promptly accounting for the
funds received.
Commingling of Funds - A lawyer shall keep
the funds of each client separate and apart from
his own and those of others kept by him.
• A lawyer should not commingle a client’s
money with that of other clients and with his
private funds, nor use the client’s money for
 his personal purposes without the client’s
consent.
Delivery of Funds - A lawyer shall deliver the
funds and property of his client when due or
upon demand. However, he shall have a lien
over the funds and may apply so much thereof
as may be necessary to satisfy his lawful fees
and disbursements, giving notice promptly
thereafter to his client. He shall also have a lien
to the same extent on all judgments and
executions he has secured for his client as
provided for in the Rules of Court.
Presumption of misappropriation - The failure
of an attorney to return the client’s money upon
demand gives rise to the presumption that he has
misappropriated it for his own use to the
prejudice of and in violation of the trust reposed
in him by the client.
• However, an attorney has a lien upon the funds
documents and papers of his client which have
lawfully come into his possession and may
retain the same until his lawful fees and
disbursements have been paid and may apply
such funds to the satisfaction thereof.
Borrowing or Lending - A lawyer shall not
borrow money from his client unless the client’s
interest are fully protected by the nature of the
case or by independent advice. Neither shall a
lawyer lend money to a client except when, in
the interest of justice, he has to advance
necessary expenses in a legal matter he is
handling for the client.
Fidelity to client’s cause - A lawyer owes
fidelity to the cause of his client and he shall be
mindful of the trust and confidence reposed in
him.
• Once he agrees to take up the cause of the
client, no fear or judicial disfavor or public
unpopularity should restrain him from the full
discharge of his duty.
Competence and Diligence - A lawyer shall
serve his client with competence and diligence.
A lawyer must exercise ordinary diligence or
that reasonable degree of care and skill having
reference to the character of the business he
undertakes to do, as any other member of the bar
similarly situated commonly possesses and
exercises. He is not, however, bound to exercise
extraordinary diligence.
• It is a basic postulate in legal ethics that when
a lawyer takes a client’s cause he covenants
that he will exercise due diligence in
protecting his rights. The failure to exercise
that diligence of vigilance and attention
expected of a family makes such lawyer
unworthy of the trust reposed upon him by his
client and makes him answerable to him, to the
courts and to society.
Adequate Preparation - A lawyer shall not
handle any legal matter without adequate
preparation.
Examples of lawyer’s negligence:
1. Failure of counsel to ask for additional time to
answer a complaint resulting in a default
judgment against his client.;
2. Failure to bring suit immediately, as when it
was filed when the defendant had already
become insolvent and recovery could no
longer be had;
3. Failure to ascertain date of receipt from post
office of notice of decision resulting in the
non-perfection of the appellant’s appeal;
4. Failure to file briefs within the reglementary
period;
5. Failure to attend a trial without filing a motion
for postponement or without requesting either
of his two partners in the law office to take his
place and appear for the defendants.
• Negligence of counsel binds the client.
However the same does not apply where the
reckless or gross negligence of counsel
deprives the client of due process of law or
where its application results in the outright
deprivation of one’s property through a
technicality, or when the application of the
general rule will result in serious injustice.
• A lawyer may be held liable for damages by
his client for the lawyer’s failure to file the
necessary pleadings to prosecute the client’s
case and as a result of which the client
suffered. A lawyer shall not neglect a legal
matter entrusted to him, and his negligence in
connection therewith shall render him liable.
Collaborating Counsel - A lawyer shall not
undertake a legal service which he knows or
should know that he is not qualified to render.
However, he may render such service if, with
the consent of his client, he can obtain as
collaborating counsel a lawyer who is competent
on the matter.
Duty to Apprise Client - A lawyer shall keep
the client informed of the status of his case and
shall respond within a reasonable period of time
to client’s request for information.
• It is also the client’s duty to make proper
inquiries from his counsel concerning his case,
in keeping with that standard of care which an
ordinarily prudent man bestows upon his
important business.
Representation with Zeal within Legal
Bounds - Representation with zeal within legal
bounds.
A lawyer should present every remedy or
defense authorized by law in support of his
client’s cause regardless of his personal views.
Use of Fair and Honest Means - A lawyer shall
employ only fair and honest means to attain the
lawful objectives of his client and shall not
present, participate in presenting or threaten to
present unfounded criminal charges to obtain an
improper advantage in any case or proceeding.
• A lawyer should not file or threaten to file any
unfounded or baseless criminal case or cases
against the adversaries of his client designed to
secure a leverage to compel adversaries to
yield or withdraw their own cases against the
lawyer’s client.
Client’s Fraud - A lawyer who has received
information that his client has, in the course of
the representation, perpetrated a fraud upon a
person or tribunal, shall promptly call upon the
client to rectify the same, and failing which he
shall terminate the relationship with such client
in accordance with the Rules of Court.
Procedure in Handling the Case - A lawyer
shall not allow his client to dictate the procedure
on handling the case.
Within client’s control Within counsel’s control
The cause of action, the All the proceedings in
claim or demand sued court to enforce the
upon, and the subject remedy, to bring the
matter of the litigation are claim, demand, cause of
all within the exclusive action, or subject matter
control of a client. of the suit to hearing, trial,
determination, judgment,
An attorney may not
and execution, are within
i m p a i r, c o m p r o m i s e ,
the exclusive control of
s e t t l e , s u r r e n d e r, o r
the attorney.
destroy them without his
client’s consent.
Attorney’s Fees - A lawyer shall charge only
fair and reasonable fees.
GR: Only lawyers are entitled to attorney’s fees.
The same cannot be shared with a non-lawyer. it
is unethical.
EXC: A lawyer may divide a fee for legal
services with persons not licensed to practice
law:
1. A lawyer undertakes to Complete the
unfinished legal business of a deceased
lawyer;
2. There is a Pre-existing agreement with a
partner or associate that, upon the latter’s
death, money shall be paid over a reasonable
period of time to his estate or to persons
specified in the agreement;
3. A lawyer or law firm includes non-lawyer
employees in retirement plan, even if the plan
is based, in whole or in part, on a profit-
sharing agreement.
• Entitlement to lawyer’s fees is presumed.
Unless otherwise expressly stipulated,
rendition of professional services by a lawyer
is for a fee or compensation and is not
gratuitous.
Factors in determining the attorney’s fees - In
determining what is fair and reasonable, a
lawyer shall be guided by the following factors:
1. Skill demanded;
2. Time spent and the extent of the services
rendered or required;
3. Importance of the subject matter;
4. Probability of losing other employment as a
result of acceptance of the proffered case;
5. Professional Standing of the lawyer;
6. Novelty and difficulty of the questions
involved;
7. Amount involved in the controversy and the
benefits resulting to the client from the
services;
8. Customary Charges for similar services and
the schedule of fees of the IBP chapter to
which he belongs;
9. Contingency or certainty of compensation;
and
10.Character of the employment, whether
occasional or established.
• A lawyer may collect fees for services
rendered to his client in the absence of an
agreement, on the basis of quantum meruit,
which means as much amount as his services
are worth or the reasonable worth of the
attorney’s services.
Quantum meruit - means “as much as he
deserves” for the value of services rendered. An
attorney shall be entitled to have and recover
from his client no more than a reasonable
compensation for his services, with a view to the
importance of the subject matter of the
controversy, the extent of the services rendered,
and the professional standing of the attorney.
Canon 20.01 - A lawyer shall be guided by the
following factors in determining his fees:
a. The time spent and the extent of the service
rendered or required;
b. The novelty and difficulty of the questions
involved;
c. The importance of the subject matter;
d. the skill demanded;
e. The probability of losing other employment as
a result of acceptance of the proferred case;
f. The customary charges for similar services
and the schedule of fees of the IBP chapter to
which he belongs;
g. The amount involved in the controversy and
the benefits resulting the client from the
service;
h. T h e c o n t i n g e n c y o r c e r t a i n t y o f
compensation;
i. The character of the employment, whether
occasional or established; and
j. The professional standing of the lawyer.
Acceptance Fees - Acceptance of money from a
client establishes an attorney-client relationship
and gives rise to the duty of fidelity to the
client’s cause.
Failure to render the legal services agreed upon,
despite receipt of an acceptance fee, is a clear
violation of the Code of Professional
Responsibility.
It is the duty of an attorney to accept no
compensation in connection with his client’s
business except from him or with his knowledge
and approval.
Contingency Fee Arrangements
Champertous Contract - A champertous
contract is one where the lawyer stipulates with
his client that he will bear all the expenses for
the prosecution of the case, the recovery of
things or property being claimed, and the latter
pays only upon successful litigation.
It arises where the lawyer agrees to conduct the
litigation on his own account and to pay the
expenses thereof, and to receive as his fee a
portion of the proceeds of the judgment. It is
contrary to public policy and invalid because it
violates the fiduciary relationship between the
lawyer and his client. In effect he is investing in
the case with the expectation of making a profit
and not a business venture.
This contract is void for being against public
policy.
• A champertous contract which is considered
void due to public policy, because it would
make him acquire a stake in the outcome of the
litigation which might lead him to place his
own interest above that of the client.
Contingent Contract - A contingent contract is
an agreement in which the lawyer’s fee, usually
a fixed percentage of what may be recovered in
the action, is made to depend upon the success
in the effort to enforce or defend the client’s
right. The lawyer does not undertake to shoulder
the expenses of litigation.
It is a valid agreement.
• Contingent fee contracts are subject to the
supervision and close scrutiny of the court in
order that clients may be protected from unjust
charges. The amount of contingent fees agreed
upon by the parties is subject to the stipulation
that counsel will be paid for his legal services
only if the suit or litigation prospers. A much
higher compensation is allowed as contingent
fees because of the risk that the lawyer may
get nothing if the suit fails.
“An attorney cannot charge his client a
percentage of the amount recovered as his fees
in the absence of an express agreement.”
Division of fees - A lawyer shall, in cases of
referral, with the consent of the client, be
entitled to a division of fees in proportion to
work performed and responsibility assumed.
A lawyer shall not, without the full knowledge
and consent of the client, accept any fee, reward,
costs, commission, interest, rebate or forwarding
allowance or other compensation whatsoever
related to his professional employment from
anyone other than the client.
Attorney’s Liens
Retaining Lien - An attorney shall have a lien
upon the funds, documents and papers of his
client which have lawfully come into his
possession. Thus:
1. He may retain the same until his lawful fees
and disbursements have been paid;
2. May apply such funds to the satisfaction
thereof.
Requisites:
1. Attorney-client relationship;
2. Lawful possession by lawyer of the client’s
funds, documents and papers in his
professional capacity; and
3. Unsatisfied claim for attorney’s fees or
disbursements.
Charging Lien - He shall also have a lien to the
same extent upon all judgments for the payment
of money, and executions issued in pursuance of
such judgments, which he has secured in a
litigation of his client. This lien exists from and
after the time when he shall have caused:
1. A statement of his claim of such lien to be
entered upon the records of the court
rendering such judgment, or issuing such
execution; and
2. Written notice thereof to be delivered to his
client and to the adverse party.
• From then on, he shall have the same right and
power over such judgments and executions as
his client would have to enforce his lien and
secure the payment of his just fees and
disbursements.
Fees and Controversies with Clients - A
lawyer shall avoid controversies with clients
concerning his compensation and shall resort to
judicial action only to prevent imposition,
injustice or fraud.
Concepts of Attorney’s Fees
Ordinary concept - An attorney’s fee is the
reasonable compensation paid to a lawyer for
the legal services he has rendered to a client.
Its basis of this compensation is the fact of
employment by the client.
Extraordinary concept - An attorney’s fee is an
indemnity for damages ordered by the court to
be paid by the losing party to the prevailing
party in a litigation. The basis of this is any of
the cases authorized by law and is payable not to
the lawyer but to the client - unless they have
agreed that the award shall pertain to the lawyer
as additional compensation or as part thereof.
Preservation of Client’s Confidences - A
lawyer shall preserve the confidence and secrets
of his client even after the attorney-client
relation is terminated. It is the duty of an
attorney to maintain inviolate the confidence,
and at every peril to himself to preserve, the
secrets of his client and to accept no
compensation in connection with his client’s
business except from him or with his knowledge
and approval.
Imposition of criminal liability
1. Upon any lawyer who, by any malicious
breach of professional duty or of inexcusable
negligence or ignorance, reveals any of the
secrets of the latter learned by him in his
professional capacity.
2. Upon a lawyer who, having undertaken the
defense of a client or having received
confidential information from said client in a
case, undertakes the defense of the opposing
party in the same case, without the consent of
his first client.
A lawyer shall not reveal the confidences or
secrets of his client except:
1. When authorized by the client after
acquainting him of the consequences of the
disclosure;
2. When required by law;
3. When necessary to collect his fees or to
defend himself, his employees or associates or
by judicial action.
Withdrawal of Service - A lawyer shall
withdraw his services only for good cause and
upon notice appropriate in the circumstances.
• He may also retire at any time from an action
or special proceeding without the consent of
his client, should the court, on notice to the
client an attorney, and on hearing, determine
that he ought to be allowed to retire.
• A lawyer can withdraw from the case on the
ground that the client is pursuing an immoral
or illegal course of action by not honoring a
compromise agreement validly entered into.
He may recover his contracted attorney’s fees
in full because, after all, he has performed all
the services required of him.
To the Courts
Candor, Fairness and Good Faith Towards
the Courts - A lawyer owes candor, fairness and
good faith to the court.
• A lawyer is, first and foremost, an officer of
the court. Accordingly, should there be a
conflict between his duty to his client and that
to the court, he should resolve the conflict
against the former and in favor of the latter, his
primary responsibility being to uphold the
cause of justice.
• Candor in all of the lawyer’s dealings is the
very essence of honorable membership in the
legal profession.
• A lawyer’s conduct before the court should be
characterized by candor and fairness. The
administration of justice would gravely suffer
if lawyers do not act with complete candor and
honesty before the courts.
A lawyer shall not do any falsehood, nor consent
to the doing of any in court; nor shall he
mislead, or allow the court to be misled by any
artifice.
A lawyer shall not knowingly misquote or
misrepresent the contents of a paper, the
language or the argument of opposing counsel,
or the text of a decision or authority, or
knowingly cite as law a provision already
rendered inoperative by repeal or amendment, or
assert as a fact that which has not been proved.
• A lawyer who deliberately made it appear that
the quotations in his motion for
reconsiderations were findings of the Supreme
Court, when they were just part of the
memorandum of the Court Administrator, and
who misspelled the name of the complainant
and made the wrong citation of authority is
guilty of violation of this rule.
A lawyer shall observe the rules of procedure
and shall not misuse them to defeat the ends of
justice.
• Filing multiple actions constitutes an abuse of
the court’s processes. Those who file multiple
or repetitive actions subject themselves to
disciplinary action for incompetence or willful
violation of their duties as attorneys to act with
good fidelity to the courts, and to maintain
only such actions that appear to be just and
consistent with truth and honor.
Respect for Courts and Judicial Officers - A
lawyer shall observe and maintain the respect
due to the courts and to judicial officers and
should insist on similar conduct by others.
• All lawyers are expected to recognize the
authority of the Supreme Court and obey its
lawful processes and orders. Despite errors
which one may impute on the orders of the
Court, these must be respected, especially by
the bar or the lawyers who are themselves
officers of the courts.
• Liberally imputing sinister and devious
motives and questioning the impartiality,
integrity and authority of the members of the
Court result in the obstruction and perversion
of the dispensation of justice.
“A lawyer shall observe and maintain the
respect due to the courts and to judicial officers
and should insist on similar conduct by others.”
A lawyer is an officer of the Courts. As such a
lawyer owes candor, fairness and good faith to
the court. A lawyer shall observe and maintain
the respect due to the courts and to judicial
officers and should insist on similar conduct by
others. A lawyer shall exert every effort and
consider it his duty to assist in the speedy and
efficient administration of justice.
Assistance in the Speedy and Efficient
Administration of Justice - A lawyer shall
exert effort and consider it his duty to assist in
the speedy and efficient administration of
justice.
• The filing of another action concerning the
same subject matter, in violation of the
doctrine of res judicata, runs contrary to this
Canon.
• While lawyers owe their entire devotion to the
interest of the client and zeal in the defense of
their client’s right, they are also officers of the
court, bound to exert every effort to assist in
the speedy and efficient administration of
justice. They should not misuse the rules of
procedure to defeat the ends of justice or
unduly delay a case, impede the execution of a
judgment or misuse court processes. The facts
and the law should advise them that a case
such as this should not be permitted to be filed
to merely clutter the already congested judicial
dockets. They do not advance the cause of law
or their clients by commencing litigations that
for sheer lack of merit do not deserve the
attention of the courts.
• The duty of a lawyer to assist in the speedy
and efficient administration of justice includes
the duty to refrain from talking to his witness
during a break or recess in the trial while the
witness is still under examination.
• The dilatory tactics of the defense counsel and
the failure of both the judge and the fiscal to
take effective counter measures to obviate the
delaying acts constitute obstruction of justice.
Forum Shopping - There is forum shopping
when a party repetitively avails of several
judicial remedies in different courts or
successively. All substantially founded on the
same transactions and the same essential facts
and circumstances and all raising substantially
the same issues either pending in or already
involved adversity by some other court.
Instances of Forum Shopping
1. When, as a result of an adverse opinion in one
forum, a party seeks a favorable opinion in
another forum, (other than by appeal or
certiorari);
2. When he institutes two or more actions or
proceedings grounded on the same cause, on
the gamble that one or the other court would
make a favorable disposition;
3. Filing a second suit in a court without
jurisdiction;
4. Filing an action in court while the same cause
of action is still pending in an administrative
proceeding.
5. When counsel omits to disclose the pendency
of an appeal, in filing a certiorari case.
Reliance on Merits of Case, Not from
Improper Influence Upon the Courts - A
lawyer shall rely upon the merits of his cause
and refrain from any impropriety which tends to
influence, or gives the appearance of influencing
the court.
A lawyer shall not extend extraordinary
attention or hospitality to, nor seek opportunity
for cultivating familiarity with Judges.
• Lawyers should not seek for opportunity to
cultivate familiarity with judges. A lawyer who
resorts to such practices of seeking familiarity
with judges dishonors his profession and a
judge who consents to them is unworthy of his
high office.
• It is improper for a litigant or counsel to see a
judge in chambers and talk to him about a
matter related to the case pending in the court
of said judge.
To the Legal Profession
Involvement in the IBP - A lawyer shall at all
times uphold the integrity and dignity of the
legal profession and support the activities of the
Integrated Bar.
General Objectives of the IBP
1. To elevate the standards of the legal
profession;
2. To improve the administration of justice;
3. To enable the bar to discharge its public
responsibility more effectively.
Membership and dues - Every member of the
IBP shall pay such annual dues as the Board of
Governors shall determine with the approval of
the Supreme Court.
A fixed sum equivalent to ten percent of the
collection from each Chapter shall be set aside
as a Welfare Fund for disabled members of the
Chapter and the compulsory heirs of deceased
members thereof.
Default in the payment of annual dues:
1. For six months shall warrant suspension of
membership in the IBP; and
2. For one year shall be a ground for the removal
of the name of the delinquent member from
the roll of attorneys.
A lawyer shall not knowingly misquote or
misrepresent the contents of a paper, the
language or the argument of opposing counsel,
or the text of a decision or authority, or
knowingly cite as law a provision already
rendered inoperative by repeal or amendment, or
assert as fact that which has not been proved. To
cite as an argument one of the parties as a ratio
decidendi of a Supreme Court decision shows, at
least a lack of diligence on the part of the
lawyer.
Upholding the Dignity and Integrity of the
Profession - A lawyer shall at all times uphold
the integrity and dignity of the legal profession
and support the activities of the Integrated Bar.
A lawyer shall be answerable for knowingly
making a false statement or suppressing a
material fact in connection with his application
for admission to the bar.
• A declaration in one’s application for
admission to the bar examinations that the
applicant was “single”, when he was in fact
married, was a gross misrepresentation of a
material fact made in utter bad faith, for which
the applicant should be made answerable.
Courtesy, Fairness and Candor towards
Professional Colleagues - A lawyer shall
conduct himself with courtesy, fairness and
candor toward his professional colleagues, and
shall avoid harassing tactics against opposing
counsel.
A lawyer shall not, in his professional dealings,
use language, which is abusive, offensive or
otherwise improper.
• A lawyer should treat the opposing counsel
and his brethren in the law profession with
courtesy, dignity, and civility. They may do as
adversaries do in law: strive mightily but eat
and drink as friends.
Improper language
1. Behaving without due regard for the trial
court and the opposing counsel and
threatening the court that he would file a
petition for certiorari.
2. Filing of a civil case against the opposing
counsel without justification but only to get a
leverage in the pending case.
3. Calling an adverse counsel as “bobo” or using
the word “ay que bobo” in reference to the
manner of offering evidence.
A lawyer shall not, directly or indirectly,
encroach upon the professional employment of
another lawyer; however, it is the right of any
lawyer, without fear or favor, to give proper
advice and assistance to those seeking relief
against unfaithful or neglectful counsel.
No assistance in unauthorized practice of law
- A lawyer shall not, directly or indirectly, assist
in the unauthorized practice of law.
To engage in the practice of law is to do any of
those acts which are characteristics of the legal
profession. It embraces any activity, in or out of
court, which requires the application of law,
legal principle, practice or procedure or calls for
legal knowledge, training and experience.
Examples of illegal practice of law
1. Appearing as counsel even before taking
lawyer’s oath.
2. Using the title “Attorney” in his name even
though he is a Shari’a lawyer.
Delegation of unauthorized person - A lawyer
shall not delegate to any unqualified person the
performance of any task which by law may only
be performed by a member of the bar in good
standing.
Acts that may only be done by a lawyer
1. The computation and determination of the
period within which to appeal an adverse
judgment.
2. T h e e x a m i n a t i o n o f w i t n e s s o r t h e
presentation of evidence.
Acts that may be delegated to non-lawyers
1. The examination of case law;
2. Finding and interviewing witnesses;
3. Examining court records; and
4. Delivering papers and similar matters.
A lawyer shall not divide or stipulate to
divide a fee for legal services with persons not
licensed to practice law, except
a. Where there is a pre-existing agreement with
a partner or associate that, upon the latter’s
death, money shall be paid over a reasonable
period of time to his estate or to persons
specified in the agreement; or
b. Where a lawyer undertakes to complete
unfinished legal business of a deceased
lawyer; or
c. Where a lawyer or law firm includes non-
lawyer employees in a retirement plan, even if
the plan is based in whole or in part, on a
profitable sharing arrangement.
• An agreement between a union lawyer and a
layman president of the union to divide equally
the attorney’s fees that may be awarded in a
labor case violates this rule, and is illegal and
immoral.
To Society
Respect for Law and Legal Processes - A
lawyer shall uphold the Constitution, obey the
laws of the land and promote respect for law and
legal process.
A lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct.
When a lawyer included in his shingle the
phrases “ Specialist is Small Claims” and
“Fastest in Notarization,” he has transgressed
the rule that a lawyer in making known his legal
services shall use only dignified information or
statement of facts.
Immorality connotes conduct that shows
indifference to the moral norms of society. For
such conduct to warrant disciplinary action, the
same must be grossly immoral, it must be so
corrupt and false as to constitute a criminal act
or so unprincipled as to be reprehensible to a
high degree.
The following are grossly immoral acts:
1. Wanton disregard for the sanctity of marriage
as shown when the lawyer pursued a married
woman and thereafter cohabited with her;
2. Rape of a neighbor’s wife, which constitutes
serious moral depravity, even if his guilt was
not proved beyond reasonable doubt in the
criminal prosecution for rape.
Efficient, Convenient Legal Services - A
lawyer shall make his legal services available in
an efficient and convenient manner compatible
with the independence, integrity and
effectiveness of the profession.
A lawyer shall not reject, except for a valid
reasons, the cause of the defenseless or the
oppressed.
• Announcement in a newspaper that he will
give free legal advice to the indigent, is a form
of self-praise, hence, unethical.
• Announcement in a newspaper that he will
give free legal advice to the indigent, is a form
of self-praise, hence, unethical.
• The practice of law is a profession not a
business. To allow a lawyer to advertise his
talent or skill is to commercialize the practice
of law, degrade the profession in the public’s
efficiently render that high character of service
to which every member of the bar is called.
The Code of Professional Responsibility
applies to lawyers who are in the government
service.
GR: A lawyer who holds a government office
may not be disciplined as a member of the bar
for misconduct in the discharge of his office as a
government official.
EXC: If that misconduct as a government
official is of such character as to affect his
qualification as a lawyer or to show moral
delinquency, then he may be disciplined as a
member of the bar on such ground.
Practice of Law
Qualifications - Any person admitted to the bar
and who is in good and regular standing is
entitled to practice law.
Every applicant for admission as a member
of the bar must be:
1. Citizen of the Philippines;
2. At least 21 years of age;
3. Of good moral character;
4. Resident of the Philippines;
5. P r o d u c e b e f o r e t h e S u p r e m e C o u r t
satisfactory evidence:
a. Of good moral character;
b. That no charges against him, involving
moral turpitude, have been filed or are
pending in any court in the Philippines.
• Passing the bar is not the only qualification to
become an attorney-at-law. Two essential
requisites for becoming a lawyer still had to be
performed, namely: his lawyer’s oath to be
administered by this Court and his signature in
the roll of attorneys.
Persons Entitled to Practice Law - Persons
admitted as members of the Bar and who are in
good and regular standing, are entitled to
practice law:
1. Citizen of the Philippines;
2. At least 21 years of age;
3. Of good moral character;
4. Resident of the Philippines;
5. Must produce before the SC satisfactory
evidence of good moral character;
6. No charges against him, involving moral
turpitude have been filed or pending in a court
of the Philippines;
7. Must have complied with the academic
requirements;
8. Pass the Bar examinations;
9. Take the Lawyer’s oath;
10.Sign the Roll of Attorneys.
It is the signing in the Roll of Attorneys that
finally makes one a full-fledged lawyer. The fact
that respondent passed the bar examinations is
immaterial. Passing the bar is not the only
qualification to become an attorney-at-law.
Respondent should know that two essential
requisites for becoming a lawyer still had to be
performed, namely: his lawyers oath to be
administered by this Court and his signature in
the Roll of Attorneys.”
While a reading of Canon 9, Code of
Professional Responsibility appears to merely
prohibit lawyers from assisting in the
unauthorized practice of law, the unauthorized
practice of law by the lawyer himself is
subsumed under this provision, because at the
hear of Canon 9 is the lawyer’s duty to prevent
the unauthorized practice of law.”
Continuing Requirements for the Practice of
Law:
1. Good and regular standing;
2. Membership in the IBP;
3. Payment of IBP dues;
4. Payment of professional tax;
5. Compliance with the MCLE;
6. Possession of good moral character; and
7. Citizenship.
• One of the potential objections that can be
made against admission to the practice of law
is the absence of good moral character.
Public Officials and Practice of Law - Public
officials include elective and appointive officials
and employees, permanent or temporary,
whether in the career or non-career service,
including military and police personnel, whether
or not they receive compensation, regardless of
amount.
Prohibited acts of public officers
1. Accepting or having any member of his
family accept employment in a private
enterprise which has pending official business
with him during the pendency thereof or
within one year after termination.
2. Own, control, manage or accept employment
as officer, employee, consultant, counsel,
broker, agent, trustee or nominee in any
private enterprise regulated, supervised or
licensed by their office unless expressly
allowed by law.
• These prohibitions shall continue to apply for a
period of 1 year after resignation, or separation
from public office. The 1 year prohibition shall
also apply in connection with any matter
before the office he used to be with.
Public Officials who cannot Practice Law in
the Philippines
1. Judges and other officials or employees of the
Supreme Court;
2. Officials and employees of the Office of the
Solicitor General;
3. Government Prosecutors;
4. President, Vice-President, members of the
Cabinet, their deputies and assistants;
5. Chairman and members of the Constitutional
Commissions;
6. Ombudsman and his deputies;
7. Governors, city and municipal mayors; and
8. Those who, by special law, are prohibited
from engaging in the practice of their legal
profession.
The following are guilty of indirect contempt:
1. A counsel who refuses to testify as a witness
for his client in the very case he is handling,
upon order of the court, on the ground that it
would violate the rule on privileged
communication;
2. A person who has been refused admission to
the bar by order of the Supreme Court but
nonetheless attempts to practice law;
3. A person named and appointed by the court to
defend an absentee defendant in the suit in
which the appointment is made is an attorney
ad hoc.
• An attorney ad hoc is a lawyer appointed by
the court to represent an absentee defendant in
a suit in which the appointment is made. It
applies when the absentee defendant has no
counsel present in court and delay has to be
avoided. Said counsel, also known as a curator
ad hoc s different from counsel de officio
where the party to be represented is present in
court but has no counsel.
Concept - The practice of law is any activity, in
or out of court, which requires the application of
law, legal procedure, knowledge, training and
experience. It is to give notice or render any
kinds of service, which device or service
requires the use in any degree of legal
knowledge or skill.
Factors to consider in determining whether
there is practice of law:
1. Habituality - Practice of law implies
customarily or habitually holding one’s self
out to the public as a lawyer. It is more than
an isolated appearance.
2. Application of law, legal principles, practice
or procedure - It calls for legal knowledge,
training and experience.
3. Compensation - Practice of law implies that
one must have presented himself to be in the
active and continued practice of the legal
profession and that his professional services
are available to the public for compensation.
4. Attorney-client relationship - Where no such
relationship exists, such as in cases of
teaching law or writing law books or articles,
there is no practice of law.
Nature of the Practice of law - It is so
delicately affected with public interest that it is
both the power and duty of the state (through the
Supreme Court) to control and regulate it in
order to promote and protect the public welfare.
However, it becomes a Matter of Right once a
person is admitted to the practice of law. Valid
reason must exist before a lawyer may be
prevented from practicing law and he can only
be deprived of such right for misconduct duly
ascertained and after due process has been
afforded to him.
Privilege - The practice of law is a privilege
bestowed only to those who are morally fit. A
bar candidate who is morally unfit cannot
practice law even if he passes the bar
examinations.
Membership in the legal profession is a
privilege demanding a high degree of good
moral character, not only as a condition
precedent to admission, but also as a continuing
requirement for the practice of law.
Profession, not a business - It is not a business
because it is a:
1. Relation, as an “officer of the court”, to the
administration of justice involving thorough
sincerity, integrity and reliability
2. Duty of public service
3. Relation to clients with the highest degree of
fiduciary
4. Relation to the colleagues at the bar
characterized by candor, fairness and
unwillingness to resort to current business
methods of advertising and encroachment on
their practice, or dealing directly with their
clients.
“Primary characteristics which distinguish the
legal profession from business are:
1. A duty of public service, of which the
emolument is a by product, and in which one
may attain the highest eminence without
making much money.
2. A relation as an ‘officer of court’ to the
administration of justice involving thorough
sincerity, integrity, and reliability;
3. A relation to clients in the highest degree
fiduciary;
4. A relation to colleagues at the bar
characterized by candor, fairness, and
unwillingness to resort to current business
methods of advertising and encroachment on
their practice, or dealing directly with their
clients.’
“The best advertising possible for a lawyer is a
well-merited reputation for professional capacity
and fidelity to trust, which must be earned as the
outcome of character and conduct.”
The allowable forms of advertising are:
1. Publication in reputable law list of brief
biographical and honest informative data;
2. Use of an ordinary professional business
card;
3. Announcements of specialization and
availability of service in a legal journal for
lawyers;
4. Seeking of appointment to a public office
requiring lawyers;
5. Advertising to seek full-time position as
counsel for a corporation;
6. Offering free legal service to indigents
through radio broadcasts or printed matter;
7. Announcement of opening of law firm,
changes of personnel, firm name or office
address;
8. Listings in a telephone directory.
Lawyer’s Oath
“I______ of ______ do solemnly swear that I
will maintain allegiance to the Republic of the
Philippines; I will support its Constitution and
obey laws as well as the legal orders of the duly
constituted authorities therein; I will do no
falsehood, nor consent to the doing of any in
court; I will not wittingly or willingly promote
or sue any groundless, false or unlawful suit, or
give aid nor consent to the same; I will delay no
man for money or malice, and will conduct
myself as a lawyer according to the best of my
knowledge and discretion with all good fidelity
as well to the courts as to my clients; and I
impose upon myself this voluntary obligation
without any mental reservation or purpose of
evasion. So help me God.”
A flagrant breach of ethical commitments under
the Lawyer’s Oath not to delay any man for
money or malice is shown by the violations of
the law against bribery and corruption.
Appearance of Non-lawyers
Law student practice rule - A law student who
has successfully completed 3rd year of the
regular four-year prescribed law curriculum and
is enrolled in a recognized law school’s clinical
legal education program approved by the
Supreme Court, may appear without
compensation in any civil, criminal or
administrative case before any trial court,
tribunal, board or officer, to represent indigent
clients accepted by the legal clinic of the law
school.
The appearance of the law student authorized by
this rule, shall be under the direct supervision
and control of a member of the Integrated Bar of
the Philippines duly accredited by the law
school. Any and all pleadings, motions, briefs,
memoranda or other papers to be filed, must be
signed by the supervising attorney for and in
behalf of the legal clinic.
• The law student shall comply with the
standards of professional conduct governing
members of the Bar. Failure of an attorney to
provide adequate supervision of student
practice may be a ground for disciplinary
action.
Non-lawyers in Courts
1. Cases before the MTC: A party to the
litigation may conduct his own case or
litigation in person, with the aid of an agent or
friend appointed by him for that purpose;
2. Before any other court, a party may conduct
his litigation personally. But if he gets
someone to aid him, that someone must be
authorized member of the Bar;
• A non-lawyer conducting his own litigation is
bound by the same rules in conducting the trial
case. He cannot after judgment, claim that he
was not properly represented.
3. Criminal case before the MTC in a locality
where a duly licensed member of the Bar is
not available, the judge may appoint a non-
lawyer who is a:
a. Resident of the province; and
b. Of good repute for probity and ability to
aid the accused in his defense;
4. Any official or other person appointed or
designated to appear for the Government of
the Philippines in accordance with law.
Such person shall have all the rights of a duly
authorized member of the bar to appear in any
case in which said government has an interest
direct or indirect.
• Article 222 of the Labor Code authorizes non-
lawyers to appear before the National Labor
Relations Commission (NLRC) or any Labor
Arbiter (LA) in representation of their
organization or members thereof if he
represents himself as a party to the case or he
is a duly accredited member of any legal aid
office duly recognized by the DOJ or the
Integrated Bar of the Philippines. In cases
referred thereto.
Sanctions for Practice or Appearance without
Authority.
Remedies against unauthorized practice of
law of lawyers
1. Declaratory relief;
2. Petition for Injunction;
3. Contempt of court;
4. Criminal complaint for Estafa against a
person who falsely represented himself to be
an attorney to the damage of a party;
5. Disqualification and complaints for
disbarment; or
6. Administrative complaint against the erring
lawyer or government official.
• Under Section 27, Rule 138 of the Rules of
Court, a member of the bar may be disbarred
or suspended from his office as attorney by the
Supreme Court for xxx corruptly or willfully
appearing as an attorney for a party to a case
without authority to do so. Disbarment,
however, is the most severe form of
disciplinary sanction, and, as such, the power
to disbar must always be exercised with great
caution, and should be imposed only for the
most imperative reasons and in clear cases of
misconduct affecting the standing and moral
character of the lawyer as an officer of the
court and member of the bar. Accordingly,
disbarment should not be decreed where any
punishment less severe such as a reprimand,
suspension or fine, would accomplish the end
desired.
• In any case, an unauthorized appearance of an
attorney may be ratified by the client either
expressly or impliedly. Ratification retroacts to
the date of the lawyer’s first appearance and
validates the action taken by him.
Lawyers Authorized to Represent the
Government
Solicitor General - The Solicitor General, in his
discretion, may pursue any of the following
actions:
1. Prosecute
2. Not to Prosecute
3. To abandon a prosecution already started; or
4. To take a position adverse to the people of the
Philippines in a criminal case or to that of a
government agency or official, when he
believes that justice will be served by taking a
different stand.
Any person - Any person appointed to appear
for the government of the Philippines in
accordance with law.
GR: Members of the Sanggunian may engage in
the practice of law.
EXC:
1. They shall not appear as counsel before any
court in any civil case wherein a local
government unit or any office, agency, or
instrumentality of the government is the
adverse party;
2. The shall not appear as counsel in any
criminal case wherein an officer or employee
of the national or local government is accused
of an offense committed in relation to his;
3. They shall not collect any fee for their
appearance in administrative proceedings
including the local government unit of which
he is an official; and
4. They shall not use property and personnel of
the Government, except when the Sanggunian
member concerned is defending the interests
of the government.
Suspension, Disbarment and Discipline of
Lawyers
Grounds.
1. Pattern of grave and immoral conduct before
admission;
2. Acts of misconduct after admission, such as:
a. Deceit;
b. Malpractice;
c. Gross misconduct in office;
d. Conviction of a crime involving moral
turpitude;
e. Grossly immoral conduct;
f. Violation of the lawyer’s oath;
g. Willful disobedience of a lawful order of
the court;
h. Corruptly appearing for a party without
authority;
i. Solicitation of cases.
List provided is an open list - It is a well-
settled rule that a statutory enumeration of the
grounds of disbarment is not to be taken as a
limitation of the general power of the court in
this respect. Even where the Legislature has
specified the grounds for disbarment, the
inherent power of the court over its officer is not
restricted.
• Belligerent disobedience to a lawful order of a
trial court is not a ground for disbarment.
Good moral character - Includes all the
elements essential to make up such a character;
among these are common honesty and veracity,
especially in all professional intercourse; a
character that measures up as good among
people of that community in which the person
lives, or that is up to the standard of the average
citizen; that status which attaches to a man of
good behavior and upright conduct.
Purposes of requirement of good moral
character
1. To protect the public;
2. To protect the public image of lawyers;
3. To protect prospective clients; and
4. To protect errant lawyers from themselves.
• The powers and functions of a Commission on
Human Rights Regional Director must be a
member of the bar in good standing and
authorized to practice law and his suspension
from the practice of law include suspension
from public office.


The grounds for disbarment according to Sec 27,
Rule 138 are “as an attorney by the Supreme
Court for any deceit, malpractice, or other gross
misconduct in such office, grossly immoral
conduct, or by reason of his conviction of a
crime involving moral turpitude, or for any
violation of the oath which he is required to take
before the admission to practice, or for a willful
disobedience of any lawful order of a superior
court, or for corruptly or willful appearing as an
attorney for a party to a case without authority
so to do. The practice of soliciting cases at law
for the purpose of gain, either personally or
through paid agents or brokers, constitutes
malpractice.”
Proceedings
Institution of proceedings for disbarment,
suspension or discipline of attorneys -
Proceedings for disbarment, suspension or
discipline of attorneys may be taken by the:
1. Supreme Court motu proprio; or
2. Integrated Bar of the Philippines (IBP) upon
the verified complaint of any person.
Institution of proceedings in the IBP - The
IBP Board of Governors may initiate and
prosecute the proper charge:
1. Motu proprio; or
2. Upon referral by the Supreme Court; or
3. Upon referral by a chapter board of officers;
or
4. At the instance of any person.
GR: Institution of charges by the IBP include
those against erring attorneys in the government
service.
EXC: Charges against the following shall be
filed in the Supreme Court:
1. Justices of the Court of Tax Appeals;
2. Justices of the Sandiganbayan; and
3. Judges of the lower courts, even if lawyers are
jointly charged with them.
Disbarment proceedings before the IBP
1. The Board of Governors shall appoint from
among the IBP members a National
Grievance Investigator or when special
circumstances so warrant, a panel of three (3)
investigators to investigate the complaint.
2. If the complaint appears to be meritorious, the
respondent shall be served with a copy
requiring him to answer within fifteen (15)
days from service;
3. If the complaint does not merit action, or if
the answer shows to the satisfaction of the
Investigator that the complaint is not
meritorious, the same may be dismissed by
the Board of Governors upon his
recommendation;
4. The respondent shall file a verified answer
containing six (6) copies;
5. After receipt of the answer or lapse of the
period to do so, the Supreme Court, may,
motu proprio or at the instance of the IBP
board of governors upon recommendation by
the investigator, suspend an attorney from
practice, for any of the causes under Rule 138,
Section 27, during the pendency of the
investigation.
6. After joinder of the issues or failure to
answer, the respondent shall be given full
opportunity to defend himself;
7. If upon reasonable notice, the respondent fails
to appear, the investigator may proceed ex
parte;
8. The investigation shall be terminated within
three (3) months from commencement which
period may be extended;
9. The Investigator shall make a report to the
Board of Governors not later than thirty (30)
days from termination of the investigation
which report shall contain his findings and
recommendations together with the evidence;
10.The Board of Governors shall review the
decision of the Investigator. Its decision shall
be promulgated within a period not exceeding
thirty (30) days from the next meeting of the
Board following the submission of the report
of the Investigator;
11.If the Board, by the vote of a majority of its
total membership, determines that the
respondent should be suspended from the
practice of law or disbarred, the IBP Board of
Governors shall issue a resolution setting
forth its findings and recommendations which
shall be transmitted to the Supreme Court for
final action together with the record;
12.If the respondent is exonerated by the Board
or the disciplinary sanction imposed by it is
less than suspension or disbarment (such as
admonition, reprimand, or fine) it shall issue a
decision exonerating respondent or imposing
such sanction.
Grounds for disqualification of a National
Grievance Investigator
1. Relationship within the fourth degree of
consanguinity or affinity to any of their
counsel;
2. Pecuniary interest;
3. Personal bias; or
4. His having acted as counsel to any of the
parties; and
5. Removal for cause, after due hearing.
Disbarment Proceedings before the Supreme
Court
1. In proceedings initiated motu proprio by the
Supreme Court or in other proceeding when
the interest of justice so requires, the Supreme
Court may refer the case for investigation to
any for the following, in which case the
investigation shall proceed in the same
manner provided in Sections 6 to 11 of Rule
139-B, save that the review of the report of
investigation shall be conducted directly by
the Supreme Court:
2. Based upon the evidence adduced at the
investigation, the Solicitor General or other
investigator designated by the Supreme Court
a report containing his findings of fact and
recommendations together with the record
and all the evidence presented in the
investigation is submitted for the final action
of the Supreme Court.
• Reference by the Court to the IBP of
complaints against lawyers is not mandatory
• The Supreme Court may conduct disciplinary
proceedings without the intervention of the
IBP by referring cases for investigation to the
Solicitor General or to any officer of the
Supreme Court or judge of a lower court. In
such case, the report or recommendation of the
investigating official shall be reviewed directly
by the Supreme Court.
• A Filipino lawyer disbarred in a foreign
country may be disbarred in the Philippines if
the ground for disbarment in such foreign
country is also a ground for disbarment in this
country. However, he is still entitled to due
process of law, and the foreign court’s
judgment against him only constitutes prima
facie evidence of unethical conduct as a
lawyer. He is entitled to be given an
opportunity to defend himself in an
investigation to be conducted in accordance
with Rule 139.
Nature and characteristics of disciplinary
actions against lawyers.
Sui generis nature of disciplinary actions - A
disbarment proceeding is sui generis, neither a
civil nor a criminal action. As such, a desistance
by the complainant is unimportant. The cases
may proceed regardless of interest or lack of
interest of the complainant.
A disbarment proceeding is sui generis (class by
itself) because of the following reasons:
1. Double jeopardy cannot be availed of as a
defense;
2. It can be initiated motu proprio by the
Supreme Court or by the IBP;
3. Imprescriptible;
4. Confidential; and
5. In itself due process.
• A lawyer may not be disciplined for failure to
pay her loan obligation. However, unwarranted
obstinacy in evading the payment of a debt has
been considered as gross misconduct.
Imprescriptibility of administrative cases
against lawyers - The Supreme Court has held
that administrative cases against lawyers do not
prescribe. The lapse of considerable time from
the commission of the offending act to the
institution of the administrative complaint will
not erase the administrative culpability of
lawyer. Otherwise, members of the bar would
only be emboldened to disregard the very oath
they took as lawyers, prescinding from the fact
that as long as no private complainant would
immediately come forward, they stand a chance
of being completely exonerated from whatever
administrative liability they ought to answer for.
“In disciplinary proceedings against lawyers, the
only issue is whether the officer of the court is
still fit to be allowed to continue as a member of
the Bar. In such cases, because the Court’s only
concern is the determination of respondent’s
administrative liability, it should not involve his
civil liability for money received from his client
in a transaction separate, distinct, and not
intrinsically linked to his professional
engagement.” As such, the claim for the amount
may be had in a separate civil case.
Discipline of Filipino lawyers practicing
abroad - Suspension of a lawyer from the
practice of law abroad may be considered as a
ground for disciplinary action here if such
suspension was based on one of the grounds for
disbarment in the Philippines or ti shows a loss
of his good moral character, a qualification he
has to maintain in order to remain a member of
the Philippine Bar.
Filipino lawyers practicing abroad may be
disbarred or suspended in the Philippines if the
grounds for his suspension or disbarment in a
foreign jurisdiction is also a ground for
suspension or disbarment here. He is however,
still entitled to notice and hearing, and the
decision of the foreign tribunal will only be
prima facie evidence of his guilt.
Canons of Professional Ethics
Attempts to exert personal influence to the
court - Marked attention and unusual hospitality
on the part of a lawyer to a judge, uncalled for
by the personal relations of the parties, subject
both the judge and the lawyer to
misconstructions of motive and should be
avoided. A lawyer should not communicate or
argue privately with the judge as to the merits of
a pending cause and deserves a rebuke and
denunciation for any device or attempt to gain
from a judge special personal consideration or
favor.
Conflicting interests - A lawyer represents
conflicting interests when, in behalf of one
client, it is his duty to contend for that which
duty to another client requires him to oppose.
GR: It is unprofessional to represent conflicting
interests.
EXC: By express consent of all concerned
given after a full disclosure of the facts.
Rationale: The rule prohibiting conflict of
interest was fashioned to prevent situations
wherein a lawyer would be representing a client
whose interest is directly adverse to any of his
present or former clients. In the same way, a
lawyer may only be allowed to represent a client
involving the same or a substantially related
matter that is materially adverse to the former
client only if the former client consents to it
after consultation.
Acquiring interest in litigation
GR: A lawyer should not purchase any interest
in the subject matter of the litigation which he is
conducting.
EXC: However, the prohibition does not apply
to instances, where the conveyance takes place
after the judgment because the property can no
longer be said to be the “subject of litigation.”
Rationale: A lawyer is disqualified from
acquiring by purchase the property and rights in
litigation because of his fiduciary relationship
with such property and rights, as well as with
the client.
What should be considered in fixing amount
of a lawyer’s fees
1. The time and labor required, the novelty and
difficulty of the questions involved and the
skill required to properly conduct the cause;
2. Whether the acceptance of employment in the
particular case will preclude the lawyer’s
appearance for others in cases likely to arise
out of the transaction, and in which there is a
reasonable expectation that otherwise he
would be employed in the particular case or
antagonisms with other clients;
3. The customary charges of the bar for similar
services;
4. The amount involved in the controversy and
the benefits resulting to the client from the
services;
5. The contingency or the certainty of the
compensation; and
6. The character of the employment, whether
casual or for an established and constant
client.
Contingent fees - A contingent fee arrangement
is valid in this jurisdiction and is generally
recognized as valid and binding but must be laid
down in an express contract.
Rationale: Contingent fee arrangements are
permitted because they redound to the benefit of
the poor client and the lawyer especially in cases
where the client has meritorious cause of action,
but no means with which to pay for legal
services unless he can, with the sanction of law,
make a contract for a contingent fee to be paid
out of the proceeds of the litigation. Oftentimes,
the contingent fee arrangement is the only
means by which the poor and helpless can seek
redress for injuries sustained and have their
rights vindicated.
• Contingent fees are an exception from Canon
10 of the CPE which prohibits a lawyer from
purchasing any interest in the subject matter of
the litigation which he is conducting.
Justifiable and unjustifiable litigations -
Appearance in court should be deemed
equivalent to an assertion on his honor that in
his opinion his client’s case is one proper for
judicial determination.
Discovery of imposition and deception - When
a lawyer discovers that some fraud or deception
has been practiced; which was unjustly imposed
upon the court or party, he should endeavor to
rectify it; at first by advising his client and if his
client refuses to forego the advantage thus
unjustly gained, he should promptly inform the
injured person or his counsel, so that they may
take appropriate steps.
Confidences of a client.
GR: It is the duty of a lawyer to preserve his
client’s confidences. This duty outlasts the
lawyer’s employment and extends as well to his
employees; and neither of them should accept
employment, which involves or may involve the
disclosure or use of these confidences, either for
the private advantages of the client, without his
knowledge and consent, and even though there
are other available sources of such information.
EXC: If the client seeks an accounting service,
or business or personal assistance, and not legal
advice, the privilege does not attach to a
communication disclosed for such purpose.
• The communication made by a client to his
attorney must not be intended for mere
information, but for the purpose of seeking
legal advice from his attorney as to his rights
or obligations. The communication must have
been transmitted by a client to his attorney for
the purpose of seeking legal advice.
Confidential communication - Information
transmitted by voluntary act of disclosure
between attorney and client in confidence and
by means which, so far as the client is aware,
discloses the information to no third person
other than one reasonably necessary for the
transmission of the information or the
accomplishment of the purpose for which it was
given.
Retirement from public employment - A
lawyer, having once held public office or having
been in the public employ should not, after his
retirement, accept employment in connection
with any matter he has investigated or passed
upon while in such office or employ.
Revolving door - The process by which lawyers
and others temporarily enter government service
from private life and then leave it for large fees
in private practice, where then can exploit
information, contacts, and influence garnered in
government service.
Notarial Practice
Concept for notarization - Notarization
converts a private document to a public
document, making it admissible in evidence
without further proof of its authenticity. A
notarial document is, by law, entitled to full faith
and credit upon its face; for this reason, notaries
public must observe with utmost care the basic
requirements in the performance of their duties.
Competent evidence of identity. Identification
of an individual based on the following:
1. At least one current identification document
issued by an official agency bearing the
photograph and signature of the individual,
such as, but not limited to the following:
a. Passport;
b. Driver’s license;
c. Professional Regulations Commission ID;
d. NBI clearance;
e. Police clearance;
f. Postal ID;
g. Voter’s ID;
 h. Barangay certification;
i. GSIS e-card;
j. Social Security System (SSS) card;
k. Philhealth card;
l. Senior Citizen card;
m.Overseas Workers Welfare Administration
(OWWA) ID;
n. OFW ID:
o. Seaman’s book;
p. Alien certificate of registration/immigrant
certificate of registration;
q. Certification from the National Council for
the Welfare of Disable Persons (NCWDP);
or
r. DSWD certification; or
2. Oath or affirmation of one credible witness
not privy to the instrument, document or
transaction, who is personally known to the
notary public and personally knows the
individual or of two credible witnesses neither
of whom is privy to the instrument, document
or transaction who each personally knows the
individual and shows to the notary public
documentary identification.
Powers and limitations
Powers of Notaries Public - A notary public is
empowered to perform the following notarial
acts:
1. Acknowledgments;
2. Oaths and affirmations;
3. Jurats;
4. Signature witnessings; and
5. Copy certifications; and
6. Any other act authorized by the rules.
General Rules on Prohibition
1. A person shall not perform a notarial act if the
person involved as signatory to the instrument
or document:
a. is not in the notary’s presence personally at
the time of the notarization; and
b. is not personally known to the notary
public of otherwise identified by the notary
public through competent evidence of
identity as defined by the Rules.
2. A notary public shall not perform a notarial
act outside of his regular place of work or
business.
EXC: A notarial act may be performed at the
request of the parties in the following sites
located within his territorial jurisdiction:
1. Public offices, convention halls, and similar
places where oaths of office may be
administered;
2. Public function areas in hotels and similar
places for the signing of instruments or
documents requiring notarization;
3. Hospitals and other medical institutions where
a party to an instrument or document is
confined for treatment;
4. Any place where a party to an instrument or
document requiring notarization is under
detention.
Although MTC judges are indeed notaries
public ex officio, they may not undertake the
preparation and acknowledgment of private
documents, contracts and other acts of
conveyances which bear no direct relation to the
performance of their functions as judges.
• Where the notary public is a lawyer, a graver
responsibility is placed upon his shoulder by
reason of his solemn oath to obey the laws and
to do no falsehood or consent to the doing of
any.
Qualifications of Notary Public
1. A citizen of the Philippines;
2. Over twenty-one (21) years of age;
3. Resident of the Philippines for at least one (1)
year, and maintains a regular place of work or
business in the city or province where the
commission is to be issued;
4. Member of the Philippine Bar in good
standing with clearances from the Office of
the Bar Confidant of the Supreme Court and
the IBP; and
5. Not have been convicted in the first instance
of any crime involving moral turpitude.
Notarial Register - A permanently bound book
with numbered pages containing a chronological
record of notarial acts performed by a notary
public. The register shall be kept in books to be
furnished by the Solicitor General to any
notarial public upon request and upon payment
of the cost thereof. The register shall be duly
paged, and on the first page, the Solicitor
General shall certify the number of pages of
which the book consists of.
 Revocation of Commission
Grounds for revocation
1. Failure to keep a notarial register;
2. Failure to make the proper entry or entries in
his notarial register concerning his notarial
acts;
3. Failure to send the copy of the entries to the
Executive Judge within the first ten (10) days
of the month following;
4. Failure to affix to acknowledgments the date
of expiration of his commission;
5. Failure to submit his notarial register, when
filed, to the Executive Judge;
6. Failure to make his report, within a reasonable
time, to the Executive Judge concerning the
performance of his duties, as may be required
by the judge;
7. Failure to require the presence of a principal
at the time of the notarial act;
8. Failure to identify a principal on the basis of
personal knowledge or competent evidence;
9. Execution a false or incomplete certificate;
10.Knowingly performs or fails to perform any
other act prohibited or mandated by these
Rules;
11.Commission of any other dereliction or act
which in the judgment of the Executive Judge
constitutes good cause for revocation of
commission or imposition of administrative
sanction; and
12.Any ground on which an application for a
commission may be denied.
• A notary public should not notarize a
document unless the persons who signed it are
the same ones who executed it and who
actually came before said notary public to
attest to the contents and truth of what are
stated therein.
Sanctions
Criminal Prosecution - The Executive Judge
shall cause the prosecution of any person who:
1. Knowingly acts or otherwise impersonates a
notary public;
2. Knowingly obtains, conceals, defaces, or
destroys the seal, notarial register, or official
records of a notary public; and
3. Knowingly solicits, coerces, or in any way
influences a notary public to commit official
misconduct.
• A lawyer who notarized a Deed of Sale
breached his professional responsibility by
certifying under oath an instrument fully
knowing that some of the signatories thereto
were long dead, they being his former clients,
and was ordered suspended from the practice
of law for six (6) months effective
immediately, with a warning that another
infraction would be dealt with more severely.
Mandatory Continuing Legal Education
Exemptions:
1. The President of the Philippines;
2. The Vice President of the Philippines;
3. The Secretaries and Undersecretaries of the
Executive Departments;
4. The Chief Justice and Associate Justices of
the Supreme Court;
5. Incumbent and retired members of the
judiciary;
6. Incumbent members of the Judicial Bar
Council;
7. Incumber court lawyers covered by the
Philippine Judicial Academy program of
continuing judicial education;
8. The Chief State Counsel, Chief State
Prosecutor and Assistant Secretaries of the
Department of Justice;
9. The Solicitor General and the Assistant
Solicitors General;
10.The Government Corporate Counsel, Deputy
and Assistant Government Corporate Counsel;
11.The Chairmen and Members of the
Constitutional Commissions;
12.The Ombudsman, the Overall Deputy
Ombudsman, the Deputy Ombudsman and the
Special Prosecutor of the Office of the
Ombudsman;
13.Heads of government agencies exercising
quasi-judicial functions;
14.Incumbent deans, bar reviewers and
professors of law who have teaching
experience for at least ten (10) years in
accredited law schools;
15.The Chancellor, Vice-Chancellor and
members of the Corps of Professors and
Professorial Lecturers of the Philippine
Judicial Academy;
16.Governors and Mayors;
17.Those who are not in law practice, private or
public; and
18.Those who have retired from law practice
with approval of the IBP Board of Governors.
Good causes for exemption from or
modification of requirement
1. Physical disability;
2. Illness;
3. Post graduate study abroad; or
4. Proven expertise in law.
• The list given is an open list.
Proof of Exemption - Applications for
exemption from or modification of the MCLE
requirement shall be under oath and supported
by documents.
Compliance
What constitutes non-compliance
1. Failure to complete educational requirement
within the compliance period;
2. Failure to provide attestation of compliance or
exemption;
3. Failure to provide satisfactory evidence of
compliance;
4. Failure to satisfy the educational requirement
and furnish the evidence of such compliance
within sixty (60) days from receipt of non-
compliance notice;
5. Failure to pay non-compliance fee within the
prescribed period; or
6. Any other act or omission analogous to any of
the foregoing or intended to circumvent or
evade compliance with the MCLE
requirement.
Consequences of Non-compliance
1. Payment of non-compliance fee;
2. Listing as a delinquent member of the IBP
upon the recommendation of the MCLE
Committee; and
3. Continuance of accrual of membership fees at
the active rate.
Purpose - MCLE is a rule promulgated by the
Supreme Court requiring all lawyers to complete
thirty-six (36) hours of continuing legal
education activities every three (3) years.
Its purpose is:
a. to ensure that throughout their career, they
keep abreast with law and jurisprudence;
b. to maintain the ethics of the profession; and
c. to enhance the standards of the practice of
law.
Sanctions
MCLE Number Requirement in Pleadings - It
is required that practicing members of the bar to
indicate in all pleadings filed before the courts
or quasi-judicial bodies, the number and date of
issue of their MCLE Certificate of Compliance
or Certificate of Exemption.
Effect of failure to disclose MCLE Number
1. Dismissal of the case; and
2. Expunction of the pleadings from the courts.
• A lawyer who lacks the number of units
required by the MCLE Board may continue to
practice his profession but he cannot file
pleadings in court or quasi-judicial bodies.
Rule on Mandatory Legal Aid Service
Purpose - The rule seeks to enhance the duty of
lawyers to the society as agents of social change
and to the courts as officers thereof by helping
improve access to justice by the less privileged
members of society and expedite the resolution
of cases involving them. Mandatory free legal
services by members of the Bar and their active
support thereof will aid the efficient and
effective administration of justice especially in
cases involving indigent and pauper litigants.
Scope - Practicing lawyers and other members
of the legal profession to support the legal aid
program of the IBP.
Requirements for mandatory legal aid service
1. To render a minimum of sixty (60) hours of
free legal aid services to indigent litigants in a
year
GR: Said sixty (60) hours shall be spread
within the period of twelve (12) months,
with a minimum of five (5) hours of free
legal aid services each month;
EXC: Where it is necessary for the
practicing lawyer to render legal aid service
for more than five (5) hours in one month,
the excess hours may be credited to the said
lawyer for the succeeding periods;
2. To report compliance with the requirement
within ten (10) days of the last month of each
quarter of the year;
3. To secure and obtain a certificate from the
Clerk of Court attesting to the number of
hours spent rendering free legal aid services
in a case;
4. Practicing lawyers shall indicate in all
pleadings filed before the courts or quasi-
judicial bodies the number and date of issue
 of their certificate of compliance for the
immediately preceding compliance period.
Sanctions in case of non-compliance
1. U p o n a p p r o v a l o f t h e N C L A ’ s
recommendation, the IBP Board of Governors
shall declare the erring lawyer as a member
not of good standing which shall be effective
for a period of three (3) months;
2. During the said period, the lawyer cannot
appear in court or any quasi-judicial body as
counsel;
3. The lawyer shall be directed to pay to pay
four thousand pesos (Php 4,000) as penalty;
4. Any lawyer who fails to comply with his
mandatory legal aid duties for at least three
(3) consecutive years shall be the subject of
disciplinary proceedings to be instituted motu
proprio by the Committee on Bar Discipline.
Readmission to the Bar - It is the restoration
proceedings to a disbarred lawyer the privilege
to practice law. It is also referred to as
reinstatement.
The power of the Supreme Court to readmit or
reinstate lawyers to practice is founded on its
constitutional prerogative to promulgate rules
concerning, inter alia, the admission to the
practice of law and the integrated bar.
The sole object of the court is to determine
whether or not the applicant has satisfied and
convinced the Court by positive evidence that
the effort he has made toward the rehabilitation
of his character has been successful, and,
therefor, he is entitled to be re-admitted to a
profession which is intrinsically an office of
trust.
Lawyers who have been suspended - The
lifting of a lawyer’s suspension is not automatic
upon the end of the period stated in the Court’s
decision, and an order from the Court lifting the
suspension at the end of the period is necessary
in order to enable him to resume the practice of
his profession.
Lifting of the order of suspension - The
following guidelines must be observed in the
matter of the lifting of an order suspending a
lawyer from the practice of law:
1. After a finding that respondent lawyer must
be suspended from the practice of law, the
Court shall render a decision imposing the
penalty;
2. Unless the Court explicitly states that the
decision is immediately executory upon
receipt thereof, respondent has 15 days within
which to file a motion for reconsideration
thereof;
• The denial of said motion shall render the
decision final and executory.
3. Upon the expiration of the period of
suspension, respondent shall file a Sworn
Statement with the Court, through the Office
of the Bar Confidant, stating therein that he or
she has desisted from the practice of law and
has not appeared in any court during the
period of his or her suspension;
4. Copies of the Sworn Statement shall be
furnished to the Local Chapter of the IBP and
to the Executive Judge of the courts where
respondent has pending cases handled by hm
or her, and/or where he or she has appeared as
counsel;
5. The Sworn Statement shall be considered as
proof of respondent’s compliance with the
order of suspension;
6. Any finding or report contrary to the
statements made by the lawyer under oath
shall be a ground for the imposition of a more
severe punishment, or disbarment, as may be
warranted.
A lawyer who has been suspended from the
practice of law indefinitely is still obliged to pay
his IBP dues during his suspension as he
continues to be a lawyer and a member of the
IBP.
Lawyers who have been disbarred -
Membership in the Bar is a privilege burdened
with conditions. It is not a natural, absolute or
constitutional right granted to everyone who
demands it, but rather, a special privilege
granted and continued only to those who
demonstrate special fitness in intellectual
attainment and in moral character. The same
reasoning applies to reinstatement of a disbarred
lawyer. When exercising its inherent power to
grant reinstatement, the Court should see to it
that only those who establish their present moral
fitness and knowledge of the law will be
readmitted to the Bar.
The basis inquiry in a petition for reinstatement
to the practice of law is whether the lawyer has
sufficiently rehabilitated himself or herself in
conduct and character. The lawyer has to
demonstrate and prove by clear and convincing
evidence that he or she is again worthy of
membership in the Bar. The Court will take into
consideration his or her character and standing
prior to the disbarment, the nature and character
of the charge/s for which he or she was
disbarred, his or her conduct subsequent to the
disbarment, and the time that has elapsed in
between the disbarment and the application for
reinstatement.
Guidelines in Resolving Request/Appeal for
Judicial Clemency
1. There must be proof of remorse and
reformation.
• Proof shall include but should not be limited to
certifications or testimonials of the officer(s)
or chapter(s) of the IBP, judges or judges
associations and prominent members of the
community with proven integrity and probity.
• A subsequent finding of guilt in an
administrative case for the same or similar
misconduct will give rise to a strong
presumption of non-reformation.
2. Sufficient time must have lapsed from the
imposition of the penalty to ensure a period of
reformation.
3. The age of the person asking for clemency
must show that he still has productive years
ahead of him that can be put to good use by
giving him a chance to redeem himself.
4. There must be a showing of promise (such as
intellectual aptitude, learning or legal acumen
or contribution to legal scholarship and the
development of the legal system or
administrative and other relevant skills), as
well as potential for public service.
5. There must be other relevant factors and
circumstances that may justify clemency.
Lawyers who have been repatriated - Every
applicant for admission as a member of the bar
must be a citizen of the Philippines
• It is a continuing requirement. The
Constitution provides that the practice of all
professions in the Philippines shall be limited
to Filipino citizens, save in cases prescribed by
law.
GR: The loss of Filipino citizenship ipso jure
terminates the privilege to practice law in the
Philippines.
Since Filipino citizenship is a requirement for
admission to the bar, loss thereof terminates
membership in the Philippine bar and,
consequently, the privilege to engage in the
practice of law.
EXC: When Filipino citizenship is lost by
reason of naturalization as a citizen of another
country but subsequently reacquired pursuant to
RA 9225.
All Philippine citizens who become citizens of
another country shall be deemed not to have lost
their Philippine citizenship under the conditions
of RA 925. Therefor, a Filipino lawyer who
becomes a citizen of another country is deemed
never to have lost his Philippine citizenship if he
reacquires it in accordance with RA 9225.
The right to resume the practice of law is not
automatic. Those intending to practice their
profession in the Philippines shall apply with the
proper authority for a license or permit to
engage in such practice.
The practice of law is a privilege burdened with
conditions. It is so delicately affected with
public interest that it is both a power and a duty
of the State (through the Supreme Court to
control and regulate it in order to protect and
promote the public welfare.
Steps to resume practice of law in the
Philippines - Applicant must prepare a sworn
petition to re-acquire the privilege to practice
law in the Philippines.
He should file the petition with the Supreme
Court through the Bar Confidant accompanied
by the original or certified copies of the
following documents:
1. Showing that he is still a Filipino citizen
If the applicant has already lost his Filipino
citizenship, he must submit the following:
a. Petition for Re-Acquisition of Philippine
citizenship;
b. Order (for Re-Acquisition of Philippine
citizenship);
c. Oath of Allegiance to the Republic of the
Philippines;
 d. Identification Certificate issued by the
Bureau of Immigration.
2. Certification from the IBP indicating updated
payments of annual membership dues;
3. Proof of payment of professional tax;
4. Certificate of compliance issued by the
MCLE Office;
5. Certificate of good moral character attested to
by at least three (3) members of the bar; and
6. Certification from the Bar of the foreign
country where he comes from that there is no
previous or pending disciplinary action filed
against him before that body.
Under RA 9225, before a lawyer who reacquires
Filipino citizenship pursuant to RA 9225 can
resume his law practice he must first secure
from the Supreme Court the authority to do so,
conditioned on:
a. the updating and payment in full of the annual
membership dues in the IBP;
b. the payment of professional tax;
c. the completion of at least 36 credit hours of
MCLE;
• This is especially significant to refresh the
applicant/petitioner ’s knowledge of
Philippine laws and update him of legal
developments.
d. the retaking of the lawyer’s oath.
• This will not only remind him of his duties
and responsibilities as a lawyer and as an
officer of the Court, but also renew his
pledge to maintain allegiance to the
Republic of the Philippines.
Adherence to rigid standards of mental fitness,
maintenance of the highest degree of morality,
faithful observance of the rules of the legal
profession, compliance with the mandatory
continuing legal education requirement and
payment of membership fees to the Integrated
Bar of the Philippines (IBP) are the conditions
required for membership in good standing in the
bar and for enjoying the privilege to practice
law. Any breach by a lawyer of any of these
conditions makes him unworthy of the trust and
confidence which the courts and clients repose
in hm for the continued exercise of his
professional privilege.
II. Judicial Ethics
Sources: Code of Judicial Conduct
Canon 1. A judge should uphold the integrity
and independence of the Judiciary.
Canon 2. A judge should avoid impropriety
and the appearance of impropriety in all
activities.
“The duty to maintain respect for the dignity of
the court applies to members of the bar and
bench alike. A judge should be courteous both in
his conduct and in his language especially to
those appearing before him. He can hold
counsels to a proper appreciation of their duties
to the court, their clients, and the public without
being petty, arbitrary, overbearing, or tyrannical.
He should refrain from conduct that demeans his
office and remember always that courtesy begets
courtesy. Above all, he must conduct himself in
such a manner that he gives no reason for
reproach. As stated in Canon 2 of the Code of
Judicial Conduct, a judge should avoid
impropriety and the appearance of impropriety
in all his activities.
Canon 3. A judge should perform official
duties, honesty, and with impartiality and
diligence.
While a judge may properly intervene in the
presentation of evidence during the trial, it
should always be borne in mind that undue
interference may prevent the proper presentation
of evidence during the trial.
Canon 4. A judge may, with due regard to
official duties, engage in activities to improve
t h e l a w, t h e l e g a l s y s t e m a n d t h e
administration of justice.
Canon 5. A judge should regulate extra-
judicial activities to minimize the risk of
conflict with judicial activities.
The restriction on judges with regard to their
own business interest is based on the possible
interference which may be created by these
business involvements in the exercise of their
judicial duties which tend to corrode the respect
and dignity of the courts as the bastion of
justice.
The acts of posting advertisements for restaurant
personnel on the court bulletin board, using his
court address to receive applications, and of
screening applicants in his court, constitute
involvement in private business and improper
use of court facilities for the promotion of
family business and is thus a violation of Code
of Judicial Conduct.
A judge should not serve as the executor,
administrator trustee, guardian or other
fiduciary, except for the estate, trust or person of
a member of the immediate family, and then
only if such service will not interfere with the
proper performance of judicial duties. Member
of the immediate family shall be limited to the
spouse and relatives within the second degree of
consanguinity.
A judge is prohibited from engaging in the
private practice of law as a member of the bar or
giving professional advice to the clients.
• A judge, who merely acted as a witness to a
document and who explained to the party
waiving his rights of redemption over
mortgaged properties and the consequences
thereof, does not engage himself in the
practice of law.
New Code of Judicial Conduct for the
Philippine Judiciary (Bangalore Draft) - The
Bangalore Draft, as amended, is intended to be
the Universal Declaration of Judicial Standards
applicable in all judiciaries. It is founded upon a
universal recognition that a competent,
independent and impartial judiciary is essential
if the courts are to fulfill their role in upholding
constitutionalism and the rule of law; that public
confidence in the judicial system and in the
moral authority and integrity of the judiciary is
of utmost importance in a modern democratic
society; and that it is essential that judges,
individually and collectively, respect and honor
judicial office as a public trust and strive to
enhance and maintain confidence in the judicial
system.
Judges and members of their families shall
neither ask for, nor accept, any gift, bequest,
loan or favor in relation to anything done or to
be done or omitted to be done by him or her in
connection with the performance of judicial
duties.
There is no prohibition on judges expressed int
he New Code of Judicial Conduct from joining
or maintaining an account in a social networking
site such as Friendster. Be that as it may, Canon
4, Section 6 of the New Code of Judicial
Conduct states that they should always conduct
themselves in a manner that preserves the
dignity of the judicial office and impartiality and
independence of the Judiciary.
Canon 1 - Independence. Judicial independence
is a pre-requisite to the rule of law and a
fundamental guarantee of a fair trial. A judge
shall therefore uphold and exemplify judicial
independence in both its individual and
institutional aspects.
Canon 2 - Integrity. Integrity is essential not
only to the proper discharge of the judicial
office but also to the personal demeanor of
judges.
Canon 3 - Impartiality. Impartiality is essential
to the proper discharge of the judicial office. It
applies not only to the decision itself but also to
the process by which the decision is made.
Canon 4 - Propriety. Propriety and the
appearance of propriety are essential to the
performance of all the activities of a judge.
Judges shall avoid impropriety and the
appearance of impropriety in all their activities.
Canon 5 - Equality. Ensuring equality of
treatment to all before the courts is essential to
the due performance of the judicial office.
Canon 6 - Competence and Diligence.
Competence and diligence are pre-requisites to
the due performance of judicial office.
Legal Fees (Rule 141)
Manner of payment - Upon the filing of the
pleading or other application which initiates an
action or proceeding, the fees prescribed
therefor shall be paid in full.
While it is true that RA 7432 (Senior Citizens
Act) grants senior citizens exemption from the
payment of individual income taxes (if their
annual taxable income does not exceed the
poverty level as determined by the NEDA for
that year), the exemption does not include
payment of membership or association dues. A
lawyer who is a senior citizen can engage in the
practice of law only by paying his dues, and it
does not matter that his practice is “limited.”
The prohibition in paragraph 5, Article 1491 of
the New Civil Code against the purchase by
judges of property in litigation before the court
within whose jurisdiction they perform their
duties, cannot apply when the sale of the lot to
the respondent Judge took place after the finality
of his decision as the property was no longer
subject of litigation.
• However, while he did not violate Article 1491
in acquiring by purchase a portion of said lot,
it was improper for him to have acquired the
same under Canon 3 of the Canons of Judicial
Ethics which requires that: “A judge’s official
conduct should be free from the appearance of
impropriety.
Fees in lien.
Attorney’s lien
1. An attorney shall have a lien upon the funds,
documents and papers of his client which
have lawfully come into his possession and
may retain the same until his lawful fees and
disbursements have been paid, and may apply
such funds to the satisfaction thereof.
2. He shall also have a lien to the same extent
upon all judgments for the payment of money,
and executions issued in pursuance of such
judgments, which he has secured in a
litigation of his client, from and after the time
when he shall have the caused a statement of
his claim of such lien to be entered upon the
records of the court rendering such judgment,
or issuing such execution, and shall have the
caused written notice thereof to be delivered
to his client and to the adverse party; and he
shall have the same right and power over such
judgments and executions as his client would
have to enforce his lien and secure the
payment of his just fees and disbursements.
Charging lien - A charging lien, to be
enforceable as security for the payment of
attorney’s fees, requires as a condition sine qua
non a judgment for money and execution in
pursuance of such judgment secured in the main
action by the attorney in favor of his client. A
lawyer may enforce his right to fees by filing the
necessary petition as an incident in the main
action in which his services were rendered when
something is due his client in the action from
which the fee is to be paid.
Requisites for enforceability of charging lien:
a. Favorable money judgment secured by the
counsel for his client;
b. An attorney-client relationship;
c. Attorney’s claim for attorney’s fees or
advances;
d. Services rendered by the counsel; and
e. Statement of the claim duly recorded in the
case with notice thereof served upon the client
and the adverse party.
A charging lien under Section 37, Rule 138 of
the Revised Rules of Court is limited only to
money judgments and not to judgments for the
annulment of a contract or for delivery of real
property as in the instant case.
Retaining lien - A retaining lien is the right of
an attorney to retain the funds, documents and
papers of his client which have lawfully come
into his possession until his lawful fees and
disbursements have been paid, and to apply such
funds to the satisfaction thereof.
A lawyer who was engaged as personal counsel
of an administratix and later discharge cannot
retain documents bearing on the estate of the
decedent entrusted by his client to him as these
are properties of the estate which is not his
client. The lawyer has no right to exercise a
retaining lien over such documents.
Where the court in its final judgment awards a
claim not alleged, or a relief different from, or
more than that claimed in the pleading, the party
concerned shall pay the additional fees which
shall constitute a lien on the judgment in
satisfaction of said lien. The clerk of court shall
assess and collect the corresponding fees.
Requisites for enforceability of retaining lien:
a. Attorney-client relationship;
b. Lawful possession by the lawyer of the
client’s funds, documents and papers in his
professional capacity; and
c. Unsatisfied claim for attorney’s fees or
disbursements.
Persons authorized to collect legal fees
1. Clerks of the Supreme Court, Court of
Appeals, Sandiganbayan, Court of Tax
Appeals and their assistants and deputies;
2. Clerks of the Regional Trial Court, their
assistants and deputies;
3. Clerks of Courts of the First Level, and their
assistants and deputies;
4. Sheriffs, process servers and other persons
serving processes;
5. Other officers taking depositions;
6. Appraisers;
7. Commissioners; and
8. Notaries.
Qualities
Propriety - Judges shall avoid the impropriety
in all their activities.
Judges shall not use or lend the prestige of the
judicial office to advance their private interest,
or those of a member of their family or of
anyone else, nor shall they convey or permit
others to convey the impression that anyone is in
a special position improperly to influence them
in the performance of judicial duties.
The act of a judge in borrowing vehicles from
the Office of the Governor, who is his friend, to
travel to his judicial station violates the Canon
on Propriety.
Mandamus would not lie to compel a judge,
who has filed a motion to inhibit, to proceed
with hearing the case since the grant or denial of
the motion to inhibit involves the exercise of
discretion. The right or duty to exercise this
discretion has been imposed on the judge by the
Rules of Court with regard to any matter
brought before him.
Judges and members of their families shall
neither ask for, nor accept, any gift, bequest,
loan or favor in relation to anything done or to
be done or omitted to be done by him or her in
connection with the performance of judicial
duties.
There is impropriety when a judge, in a trial,
effectively deprives the defense of its right to
due process by acting both as prosecutor and
judge.
A judge who insults counsel and shouts
invectives at a litigant is guilty of committing
acts unbecoming of a judge.
“Judges shall not use or lend the prestige of the
judicial office to advance their private interests,
or those of a member of their family or of
anyone else, nor shall they convey or permit
others to convey the impression that anyone is in
a special position improperly to influence them
in the performance of judicial duties.”
“A lawyer in the government service shall not
use his public position to promote or advance
his private interests, nor allow the latter to
interfere with his public duties.”
“In the present case, the respondent Judge
crossed the line of propriety when he used his
letterhead to report a complaint involving an
alleged violation of church rules and, possible,
of Philippine laws. Coming from a judge with
the letter addressed to a foreign reader, such
report could indeed have conveyed the
impression of official recognition or notice of
the reported violation.”
“The same problem that the use of letterhead
poses, occurs in the use of the title of Judge or
Justice in the correspondence of a member of
the Judiciary. While the use of the title is an
official designation as well as an honor that an
incumbent has earned, a line still has to be
drawn based on the circumstances of the use of
the appellation. While the title can be used for
social and other identification purposes, it
cannot be used with the intent to use the prestige
of his judicial office to gainfully advance his
personal, family or other pecuniary interests.
Nor can the prestige of a judicial office be used
or lent to advance the private interests of others,
or to convey or permit others to convey the
impression that they are in a special position to
influence the judge. To do any of these is to
cross into the prohibited field of impropriety.”
“Judges shall, in their personal relations with
individual members of the legal profession who
practice regularly in their court, avoid situations
which might reasonably give rise to the
suspicion or appearance of favoritism or
partiality.”
Impartiality - Judges shall ensure that his or her
conduct, both in and out of court, maintains and
enhances the confidence of the public, the legal
profession and litigants in the impartiality of the
judge and of the judiciary.
Judges shall disqualify themselves from
participating in any proceedings in which they
are unable to decide the matter impartially or in
which it may appear to a reasonable observer
that they are unable to decide the matter in
partiality.
A judge may not be legally prohibited from
sitting in a litigation. But when suggestion is
made of record that he might be induced to act
in favor of one party or with bias or prejudice
against a litigant arising out of circumstance
reasonably capable of inciting such a state of
mind, he should conduct careful self-
examination. A judge should exercise his
discretion in a way that the people’s faith in the
courts of justice is not impaired.
A judge should not handle a case in which he
might be perceived, rightly or wrongly, to be
susceptible to bias and partiality. He should have
been more prudent and circumspect and should
have declined to take the case, owing to his
earlier involvement in the case. The axiom is
intended to preserve and promote public
confidence in the integrity and respect for the
judiciary.
Judges shall not knowingly, while a proceeding
is before or could come before them, make any
comment that might reasonably be expected to
affect the outcome of such proceeding or impair
the manifest fairness of the process. Nor shall
judges make any comment in public or
otherwise that might affect the fair trial of any
person or issue.
Judges should not instigate litigation.
Integrity - Judges shall ensure that not only is
their conduct above reproach, but that it is
perceived to be so in the view of a reasonable
observer.
The behavior and conduct of judges must
reaffirm the people’s faith in the integrity of the
judiciary. Justice must not merely be done, but
must also be seen to be done.
It is improper and highly unethical for a judge to
suggest to a litigant what to do to resolve his
case for such would generate the suspicion that
the judge is in collusion with one party. Judges
are not only required to be impartial, but also to
appear to be so, for appearance is an essential
manifestation of reality. In the judiciary, moral
integrity is more than a cardinal virtue; it is a
necessity.
Judges should take or initiate appropriate
disciplinary measures against lawyers or court
personnel for unprofessional conduct of which
the judge may have become aware.
Independence - Judges shall refrain from
influencing in any manner the outcome of
litigation or dispute pending before another
court or administrative agency.
Judges shall not allow family, social, or other
relationships to influence judicial conduct or
judgment. The prestige of judicial office shall
not be used or lent to advance the private
interests of others, nor convey or permit others
to convey the impression that they are in a
special position to influence the judge.
Judges shall not only be free from inappropriate
connections with, and influence by, the
executive and legislative branches of
government, but must also appear to be free
therefrom to a reasonable observer.
Judges shall be independent in relation to
society in general and in relation to the
particular parties to a dispute which he or she
has to adjudicate.
Equality - Judges shall be aware of, and
understand, diversity in society and differences
arising from various sources, including, but not
limited to race, color, sex, religion, national
origin, caste, disability, age, marital status,
sexual orientation, social and economic status
and other like causes.
Due process cannot be satisfied in the absence
of that degree of objectivity on the part of a
judge sufficient to reassure litigants of his being
fair and being just. Thereby there is the
legitimate expectation that the decision arrived
at would be the application of the law to the
facts as found by a judge who does not play
favorites. For him, the parties stand on equal
footing. Due process of law requires a hearing
before an impartial and disinterested tribunal,
and that every litigant is entitled to nothing less
than the cold neutrality of an impartial judge.
Judges shall not, in the performance of his
duties, by words or conduct, manifest bias or
prejudice towards any person or group on
irrelevant grounds.
Competence and Diligence - The judicial
duties of a judge take precedence over all other
activities.
Judges shall take reasonable steps to maintain
and enhance their knowledge, skills and
personal qualities necessary for the proper
performance of judicial duties, taking advantage
for this purpose of the training and other
facilities which should be made available, under
judicial control, to judges.
Judges shall perform all judicial duties,
including the delivery of reserved decisions,
efficiently, fairly and with reasonable
promptness.
Judges shall maintain order and decorum in all
proceedings before the court and be patient,
dignified and courteous in relation to litigants,
witnesses, lawyers and others with whom the
judge deals in an official capacity. Judges shall
require similar conduct of legal representatives,
court staff and others subject to their influence,
direction or control.
Discipline of Members of the Judiciary.
Lower court judges and justices of the Court
of Appeals and Sandiganbayan (Rule 140)
How Proceedings are instituted - Proceedings
for the discipline of judges of regular and
special courts and Justices of the Court of
Appeals and the Sandiganbayan may be
instituted:
1. Motu proprio by the Supreme Court;
2. Upon a verified complaint, supported by
affidavits of person who have personal
knowledge of the facts alleged therein or by
documents which may substantiate said
allegations; or
3. Upon an anonymous complaint, supported by
public records of indubitable integrity.
If the complaint is sufficient in form and
substance, a copy thereof shall be served upon
the respondent, and he shall be required to
comment within ten (10) days from the date of
service.
• All charges against judges of first instance
shall be in writing and shall set out distinctly,
clearly and concisely the facts complained of
as constituting the alleged serious misconduct
or inefficiency of the respondent and shall be
sworn to and supported by affidavits of
persons who have personal knowledge of the
facts therein alleged and shall be accompanied
with copies of documents which may
substantiate said facts.
Investigation of complaint - Upon the filing of
the respondent’s comment, or upon the
expiration of the time for its filing and unless
other pleadings or documents are required, the
Court shall:
1. Refer the matter to the Office of the Court
Administrator for evaluation, report, and
recommendation; or
2. Assign the case for investigation, report, and
recommendation to:
a. A retired member of the SC: if the
respondent is a Justice of the CA and the
SB;
b. A Justice of the CA: if the respondent is a
Judge of a RTC or of a special court of
equivalent rank; or
c. A Judge of the RTC: if the respondent is a
Judge of an inferior court.
Hearing - At such hearing the parties may
present oral and documentary evidence. If, after
due notice, the respondent fails to appear, the
investigation shall proceed ex parte.
The Investigation Justice or Judge shall
terminate the investigation within ninety (90)
days from the date of its commencement or
within such extension as the SC may grant.
Report - The report containing findings of fact
and recommendation of the investigating judge
or justice shall be submitted to the SC within
thirty (30) days, with the record containing the
evidence and the pleadings filed by the parties.
The report shall be confidential and shall be for
the exclusive use of the Court.
Section 1, Rule 140 of the Rules of Court
provides that proceedings for the discipline of
judges of regular and special courts, and justices
of the Court of Appeals and the Sandiganbayan,
may be instituted “upon an anonymous
complaint, supported by public records of
indubitable integrity.”
If the complaint is sufficient in form and
substance, as copy thereof shall be sent to the
respondent, and he shall be required to comment
within ten (10) days from date of service. Upon
the filing of the respondent’s comment, the
Supreme Court shall refer the matter to the
office of the Court Administrator for evaluation,
report and recommendation, or assign the case
to a Justice of the Court of Appeals, for
investigation, report and recommendation. The
investigating Justice shall set a date for the
hearing and notify the parties thereof, and they
may present evidence, oral or documentary, at
such hearing. The Investigating Justice shall
terminate the investigation within ninety (90)
days from its commencement, and submit his
report and recommendation to the Supreme
Court within thirty (30) days from the
termination of the investigation. The Supreme
Court shall take action on the report as the facts
and the law may warrant.
Grounds
Serious charges
1. Bribery, direct or indirect;
2. Dishonesty and violations of the Anti-Graft
and Corrupt Practices Law;
3. Gross misconduct constituting violations of
the Code of Judicial Conduct;
4. Knowingly rendering an unjust judgment
judgment or order as determined by a
competent court in an appropriate proceeding;
5. Conviction of a crime involving moral
turpitude;
6. Willful failure to pay a just debt;
7. Borrowing money or property from lawyers
and litigants in a case pending before the
court;
8. Immorality;
9. Gross ignorance of the law or procedure;
10.Partisan political activities; and
11.Alcoholism and/or vicious habits.
Less Serious Charges
1. Undue delay in rendering a decision or order,
or in transmitting the records of a case;
2. Frequently and unjustified absences without
leave or habitual tardiness;
3. Unauthorized practice of law;
4. Violation of Supreme Court rules, directives,
and circulars;
5. Receiving additional or double compensation
unless specifically authorized by law;
6. Untruthful statements in the certificate of
service; and
7. Simple Misconduct.
Light Charges
1. Vulgar and unbecoming conduct;
2. Gambling in public;
3. Fraternizing with lawyers and litigants with
pending case/cases in his court; and
4. Undue delay in the submission of monthly
reports.
Impeachment (ethical aspects) - Members of
the Supreme Court, inter alia, may be removed
from office on impeachment for, and conviction
of:
1. Culpable violation of the Constitution;
2. Treason;
3. Bribery;
4. Graft and corruption;
5. Betrayal of public trust; or
6. Other high crimes.
Of the three branches of Government, the
Judiciary was the most greatly dependent upon
moral ascendancy and ethical integrity as the
foundation of its power and legitimacy.
Although every office in the government service
is a public trust, no position exacts a greater
demand on moral righteousness and uprightness
than a seat in the Judiciary. High ethical
principles and a sense of propriety shall be
maintained, without which the faith of the
people in the Judiciary so indispensable in an
orderly society cannot be preserved.
All judges must “ensure that not only is their
conduct above reproach, but that it is perceived
to be so in the view of a reasonable observer.” In
addition, “(t)he behavior and conduct of judges
must reaffirm the people’s faith in the integrity
of the judiciary. Justice must not merely be done
but must also be seen to be done.” These are
required under two of the most important
sections of the Code of Judicial Conduct,
specifically Canon 2 on Integrity.
Sanctions imposed by the Supreme Court on
erring members of the Judiciary.
Sanctions for Serious Charges
1. Dismissal from the service, forfeiture of all or
part of the benefits as the Court may
determine, and disqualification from
reinstatement or appointment to any public
office, including GOCCs;
• The forfeiture of benefits shall in no case
include accrued leave credits.
2. Suspension from office without salary and
other benefits for more than three (3) but not
exceeding six (6) months; or
3. A fine of more than P20,000.00 but not
exceeding P40,000.00
Sanctions for Less Serious Charges
1. Suspension from office without salary and
other benefits for not less than one (1) nor
more than three (3) months; or
2. A fine of more than P10,000.00 but not
exceeding P20,000.00.
Sanctions for Light Charges
1. A fine of not less than P1,000.00 but not
exceeding P10,000.00; and/or
2. Censure;
3. Reprimand; or
4. Admonition with warning.
b. withdraw therefrom, in accordance with
his determination of the question of his
disqualification.
3. The official’s decision shall be forthwith
made in writing and filed with the other
papers in the case.
• No appeal or stay shall be allowed from, or by
reason of, his decision in favor of his own
competency, until after final judgment in the
case.
Voluntary - A judge may, in the exercise of his
sound discretion, disqualify himself from sitting
in a case, for just or valid reasons other than
those mentioned above.

Disqualification of Justice and Judges (Rule Compulsory Voluntary inhibition

137) disqualification

Compulsory Conclusively assumes that Leaves to the judge’s

a judge cannot actively or discretion whether he
impartially sit on a case should desist from sitting
Disqualification of judges - No judge or
for the reasons therein in a case for just and valid
judicial officer shall sit in any case in which: stated. reasons with only his
1. He, or his wife or child, is pecuniarily conscience to guide him.
interested as heir, legatee, creditor or The issue of voluntary
otherwise; inhibition is primarily a
2. He is related to either party within the sixth matter of conscience and
degree of consanguinity or affinity, or to sound discretion on the
counsel within the fourth degree; part of the judge. It is a
subjective test, the result
• The degree is computed according to the rules of which, the reviewing
of the civil law. tribunal will not disturb in
the absence of any
3. He has been executor, administrator, guardian, manifest finding of
trustee or counsel; or arbitrariness and
w h i m s i c a l i t y. T h e
4. He has presided in any inferior court when his
discretion given to trial
ruling or decision is the subject of review,
judges is an
without the written consent of all parties in acknowledgement of the
interest, signed by them and entered upon the fact that these judges are
record. in a better position to
determine the issue of
• A second cousin is not a relative within the inhibition, as they are the
second degree of consanguinity. ones who directly deal
with the parties-litigants
Procedure for disqualification: If it be claimed in their controversies.
that an official is disqualified from sitting in a
case -
1. The party objecting to his competency may, in
writing, file with the official his objection,
stating the grounds therefor.
2. The official shall thereupon:
a. proceed with the trial, or