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REVIEWER IN LEGAL ETHICS Table of Contents
CHAPTER I. LEGAL PROFESSION 2 I. Canon 22: Withdrawal of Services
I. Supervision and Control 2 for Good Cause Valid ground for
II. Practice of Law 2 refusal 39
III. Admission to Practice 3
Requirements for Admission to Practice 3 CHAPTER III. DISCIPLINE OF LAWYERS 41
1. Citizenship 3 I. Liabilities of Lawyers 41
2. Residence 4 II. Power to Discipline Errant Lawyers 41
3. Age 4 A. Forms of Disciplinary Measures 42
4. Good Moral Character and no B. Suspension and Disbarment 42
charges against involving moral C. Procedure for
turpitude 4 Suspension/Disbarment of
5. Legal Education 4 Attorneys by the IBP 43
6. Bar Examinations 5 D. Procedure for
7. Lawyer’s Oath 6 Suspension/Disbarment of
IV. Qualifications for Practice 6 Attorneys by the Supreme Court
V. Prohibition from Practice 8 Motu Proprio 43
VI. Notarial Practice 8 E. Imposition of Penalties in the
Supreme Court 43
CHAPTER II. CODE OF PROFESSIONAL III. Modifying Circumstances 44
RESPONSIBILITY 11 A. Mitigating Circumstances 44
I. Legal Ethics 11 B. Aggravating Circumstances 44
Duties of a Lawyer 11 C. Effect of Executive Pardon 44
II. Lawyer’s Duties to Society 12 IV. Reinstatement 44
A. Canon 1: Promote and Respect the 12
Law and Legal Process CHAPTER IV. CODE OF JUDICIAL
B. Canon 2: Provide Efficient and CONDUCT 45
Convenient Legal Services 14 I. Canon 1: Independence 45
C. Cannon 3: Information on Legal II. Canon 2: Integrity 47
Services that is true, Honest, Fair III. Canon 3: Impartiality 47
and Dignified 15 IV. Canon 4: Propriety 49
D. Canon 4: Support for Legal Reforms V. Canon 5: Equality 51
and Administration of Justice 16 VI. Canon 6: Competence and Diligence 52
E. Canon 5: Participate in Legal
Education 16 CHAPTER V. DISCIPLINE OF JUDGES 53
F. Canon 6: Government lawyers 17 I. Liabilities of Judges 53
III. Lawyer’s Duties to the Legal II. Discipline of Members of the Bench 53
Profession 19
A. Canon 7: Uphold Dignity and CHAPTER VI. FREQUENTLY ASKED
Integrity in the Profession 19 LEGAL FORMS 55
B. Canon 8: Courtesy, Fairness, I. Parts Common to Forms 55
Candor Towards Professional A. Scilicet 55
Colleagues 20 B. Captions and Titles 55
C. Canon 9: Unauthorized Practice of C. Acknowledgement and Jurat 55
Law 21 II. General Forms 56
IV. Lawyer’s Duties to the Courts 21 A. Deed 56
A. Canon 10: Observe Candor, B. Contract 56
Fairness and Good Faith 21 C. Judicial form 57
B. Canon 11: Respect Courts and D. Criminal information 57
Judicial Officers 23 E. Affidavit 60
C. Canon 12: Assist in Speedy and
Efficient Administration of Justice 24 GLOSSARY OF UNCOMMON TERMS 61
D. Canon 13: Refrain from Act Giving
Appearance of Influence 26 ANNEXES 64
V. Lawyer’s Duties to the Client 27 Special Rules for the Practice of Law 64
A. Canon 14: Service to the Needy 28 A. 2004 Rules on Notarial Practice 64
B. Canon 15: Observe Candor, B. BM 850 MCLE 74
Fairness, Loyalty 29 C. BM 2012 Mandatory Legal Service 80
C. Canon 16: Hold in Trust Client’s Indigent clients 83
Moneys and Properties 31 D. RA 6033 83
D. Canon 17: Trust and Confidence 33 E. RA 6034 84
E. Canon 18: Competence and F. RA 6035 84
Diligence 33 G. PD 543 85
F. Canon 19: Representation with Zeal 35 Special law on retired justice and judges 86
G. Canon 20: Attorney’s Fees 35 H. RA 910 86
H. Canon 21: Preserve Client’s I. PD 1438 87
Confidence 38 Law on obstruction of justice 88
J. PD 1829 88
Page 1 of 89
REVIEWER IN LEGAL ETHICS Chapter I. Legal Profession
FACULTY-STUDENT EDITORIAL BOARD AND LECTURES COMMITTEE
CHAPTER I. LEGAL PROFESSION

Prof. Concepcion Jardaleza LEGAL ETHICS LECTURES
FACULTY EDITOR
Krissy Conti Edel Cruz
ACADEMICS COMMITTEE LEAD WRITER HEAD
SUBJECT EDITOR
Samantha Poblacion Jason Mendoza
DIRECTOR FOR ACADEMICS Obet Bunagan DEPUTY HEAD
EDITOR-IN-CHIEF Phoebe Hidalgo
WRITERS Malds Menzon
Rania Joya LOGISTICS, HR
DEPUTY DIRECTOR FOR ACADEMICS -------- --------
LAYOUT HEAD Kae Guerrero Leo Zulueta
PRINTING AND DISTRIBUTION LOGO, COVER AND TEMPLATE DESIGN
SC has the inherent power to integrate the

Legal Ethics bar in the exercise of the power to
Chapter I. Legal Profession promulgate rules of the judiciary, including
admission to the practice of law, and to the
I. SUPERVISION AND CONTROL Integrated Bar. (In the matter of the
II. PRACTICE OF LAW Integration of the Integrated Bar of the
III. ADMISSION TO PRACTICE Philippines, January 9, 1973)
REQUIREMENTS FOR ADMISSION TO
PRACTICE BAR
1. CITIZENSHIP Refers to the whole body of attorneys and
2. RESIDENCE counselors, collectively, the members of the legal
3. AGE profession
4. GOOD MORAL CHARACTER AND NO
CHARGES AGAINST INVOLVING BENCH
MORAL TURPITUDE Denotes the whole body of judges
5. LEGAL EDUCATION
6. BAR EXAMINATIONS
7. LAWYER’S OATH
IV. QUALIFICATIONS FOR PRACTICE II. Practice of Law
V. PROHIBITION FROM PRACTICE
VI. NOTARIAL PRACTICE Definition: any activity, in or out of court,
which requires the application of law, legal
LEGAL PROFESSION procedure, knowledge, training and
experience. It is to give notice or render any
Definition: A group of men and women kind of service, which device or service
pursuing a learned art as a common calling requires the use in any degree of legal
in the spirit of public service. knowledge or skill. (Cayetano v. Monsod,
 Organization GR. 100113, September 3, 1991)
 Learned art  Activity in or out of court
 Public service  Application of legal knowledge or skill
I. Supervision and Control Padilla (dissent in Cayetano v. Monsod):

There are four factors which determine the
 Regulated by the Supreme Court (SC), practice of law. (HACA)
not by the Professional Regulatory
Commission unlike all other 1) Habituality – customarily or frequently
professions. holding one’s self out to the public as a
lawyer
Statutory Basis
1987 Constitution Art. VIII, Sec. 5, Sub-sec. 5. 2) Application of law, legal principles,
The SC has the power to promulgate rules practice, or procedure – calls for legal
concerning pleading, practice, and procedure in knowledge, training and experience
all courts, and the admission to the practice of
law. 3) Compensation – his professional
services are available to the public for
compensation, as a service of his
Page 2 of 89
livelihood or in consideration of his said the license. (In re Cunanan, 94 Phil 534

services (1954))
4) Attorney-client relationship – hence for  Shari’a lawyers are not considered

Padilla, teaching law or writing law “attorneys”.
books are not considered as “practice of
law”. The SC has declared that persons who
pass the Shari’a Bar are not full-fledged
Giving advice for compensation regarding members of the Philippines Bar hence
the legal status and rights of another and may practice only before Shari’a courts.
for one’s conduct with respect thereto While one who has been admitted to the
constitutes practice of law. (Ulep v. Legal Shari’a Bar, and one who has been
Clinic, Bar Matter No. 553, June 17, 1993) admitted to the Philippine Bar, may both be
considered as “counselors”, in the sense
that they give counsel or advice in a
III.Admission to Practice professional capacity, only the latter is an
“attorney”. (Alawi v. Alauya, A.M. SDC-97-2-
The constitutional power to admit P. February 24, 1997)
candidates to the legal profession is a
judicial function and involves exercise of ATTORNEY
discretion (In re: Almacen, 31 SCRA 562, Officers of the courts, empowered to appear,
1970) prosecute and defend, and upon whom peculiar
duties, responsibilities and liabilities are
developed by law as a consequence. (Cui v. Cui,
The power of the Supreme Court to regulate
120 Phil. 729)
the practice of law includes:
1) authority to define the term [“practice”] BARRISTER
2) prescribe the qualifications of a In England, a person entitled to practice law as
candidate to and the subjects of the bar an advocate or counsel in superior court.
examinations
3) decide who will be admitted to practice SOLICITOR
4) discipline, suspend or disbar any unfit In England, a person prosecuting or defending
and unworthy member of the bar suits in Courts of Chancery. In the Philippines, a
government lawyer attached with the Office of
5) reinstate any disbarred or indefinitely
the Solicitor General.
suspended attorney
6) ordain the integration of the Philippine NOTARY PUBLIC
Bar A public officer authorized by law to certify
7) punish for contempt any person for documents, take affidavits, and administer
unauthorized practice of law and oaths. Under the 2004 Rules on Notarial
8) in general, exercise overall supervision Practice, all notaries must be lawyers.
of the legal profession
 Congress has no power to regulate the Requirements for Admission to

bar (admission to practice). However, in Practice (CRABGO)
the exercise of police power it may enact
laws regulating the practice of law to Citizenship
protect the public. Residence
Age (above 21 yrs)
The Bar Flunkers Act of 1953 (RA 972) was Good Moral Character and no charges
declared partially unconstitutional because against involving moral turputide
encroached upon the powers granted by the Legal Education (pre-law, law proper)
Constitution to the SC in determining the Bar Examinations
admission of bar examinees to the bar by Lawyer’s Oath
usurping such power through a legislative
act. 1. Citizenship
The [Act] is not a legislation; it is a Statutory Basis
judgment…the law passed by Congress on 1987 Constitution, Art. XII, Sec. 14. The practice
the matter is of permissive character, of all professions in the Philippines shall be
merely to fix the minimum conditions for limited to Filipino citizens, save in cases
prescribed by law.
Page 3 of 89
Rules of Court, Rule 138, Sec. 2. Every applicant honesty, and the strictest observance of

for admission as a member of the bar must be a fiduciary responsibility. (Frankfurter)
citizen of the Philippines…
 Good moral character includes at least
Rationale common honesty. Deception and other
Citizenship ensures allegiance to the fraudulent acts are not merely
republic and its laws. unacceptable practices that are
disgraceful and dishonorable, they
A Filipino citizen admitted to the Philippine reveal a basic moral flaw. (Olbes v.
Bar must maintain such citizenship to Deciembre, 457 SCRA 341)
remain qualified for the practice of law in
this country. (In Re Arthur Castillo Reyes  Question of moral turpitude is for
(1993)) SC to decide, which is why
applicants are required to disclose
2. Residence any crime which they have been
charged. Concealment or withholding
Statutory Basis from the court information about
Rules of Court, Rule 138, Sec. 2. Every applicant charges and indictments is a ground
for admission as a member of the bar must be for disqualification of applicant or
…be a resident of the Philippines… for revocation of license. (Agpalo)
3. Age SC may deny lawyer’s oath-taking based

on a conviction for reckless imprudence
Statutory Basis resulting in homicide (hazing case). But
Rules of Court, Rule 138, Sec. 2. Every applicant after submission of evidence and various
for admission as a member of the bar must be … certifications “he may now be regarded as
at least twenty-one years of age… complying with the requirements of good
moral character…he is not inherently of
4. Good Moral Character bad moral fiber.” (In Re: Argosino, A.M. No.
712 July 13, 1995; B.M. No. 712 March 19,
Statutory Basis 1997)
Rules of Court, Rule 138, Sec. 2. Every applicant
for admission as a member of the bar must be … 5. Legal Education
of good moral character… and must produce
before the Supreme Court satisfactory evidence A. Pre-Law
of good moral character, and that no charges
against him, involving moral turpitude, have
Statutory Basis
been filed or are pending in any court in the
Philippines. Rules of Court, Rule 138, Sec. 6. A bachelor’s
degree in arts or sciences with any of the
following subjects as major or field of
Good moral character is a continuing concentration: political science, logic, English,
qualification required of every member of Spanish, History and Economics.
the Bar, it is not only a qualification
precedent to the practice of law. (Narag v. A college degree must first be obtained
Narag, 291 SCRA 451, June 29, 1998) before studying law. Otherwise, one will not
be qualified to take the bar examinations.
Definitions: (In re Telesforo Diao, 1963)
 Absence of a proven conduct or act
which has been historically and B. Law Proper
traditionally considered as a
manifestation of moral turpitude. The Statutory Basis
act or conduct need not amount to a
Rules of Court, Rule 138, Sec. 5 and 6. All
crime; and even if it does constitute an applicants for admission…shall, before being
offense, a conviction upon a criminal admitted to the examination, satisfactorily show
charge is not necessary to demonstrate that they have regularly studied law for four
bad moral character although it may years, and successfully complete all prescribed
show moral depravity. (Agpalo) courses, in a law school or university, officially
approved and recognized by the Secretary of
 Qualities of truth-speaking, a high Education.
sense of honor, full candor, intellectual
Page 4 of 89
Must have completed courses in: E. SUBJECTS (Sec. 11)

a) civil law Political and International
b) commercial law Law (morning)
1st day
c) remedial law Labor and Social Legislation
d) public international law (afternoon)
e) private international law Civil Law (morning)
f) political law 2nd day
Taxation (afternoon)
g) labor and social legislation Mercantile Law (morning)
h) medical jurisprudence 3rd day
Criminal Law (afternoon)
i) taxation Remedial Law (morning)
j) legal ethics
4th day
Legal Ethics and Practical
C. Graduates of foreign law schools Exercises (afternoon)
beginning 1994 shall not be allowed to
take the bar examinations since they
cannot present the certifications F. PASSING AVERAGE (Sec. 14) – A
required under sections 5 and 6 of Rule general average of 75 % in all subjects,
138. (Re: Application of Adriano M. without falling below 50 % in any
Hernandez, 1993) subject. Relative weights:
Civil Law 15 %
6. Bar Examinations Labor and Social Legislation 10 %
Mercantile Law 15 %
Statutory Basis: Rules of Court, Rule 138.
Criminal Law 10 %
Political and International Law 15 %
A. WHEN TO FILE FOR PERMIT (Sec. 7) –
Taxation 10 %
At least 15 days before the beginning of
the examination. Applicants must Remedial Law 20 %
submit affidavits of age, residence, Legal Ethics and Practical 5%
citizenship, legal education. Exercises
B. NOTICE (Sec. 8) – Notice of applications G. WHO MAKES THE EXAM (Sec. 12): One
for admission shall be published by the member of the Supreme Court acts as
clerk of the Supreme Court in Chairman, plus eight members of the
newspapers published in Pilipino, bar who act as examiners who hold
English and Spanish, for at least 10 office for one year. In 2009, there will be
days before the beginning of the two examiners per subject.
examination.
The Bar Confidant acts as a sort of
C. CONDUCT OF EXAM (Sec. 10) – liaison officer between the court and the
Questions will be in English or Spanish, Bar Chairman on the other hand, and
to be answered in writing by examines. the individual members of the
No oral examinations. If penmanship is committee on the other. He is at the
poor, SC may allow upon verified same time a deputy clerk of court.
application the use of a noiseless
typewriter. The names of the members of this
committee shall be published in each
Committee will take all precautions to volume of the official reports.
prevent the substitution of papers or
commission of other frauds. No papers, H. RESULTS (Sec. 15) – Committee must
books or notes allowed into the file its report on the results not later
examination rooms. Examinees shall than February 15th after the
not place their names on the examination, or as soon thereafter as
examination papers. may be practicable.
D. WHEN AND WHERE TO TAKE EXAM I. FLUNKERS (Sec. 16) – Retakers must
(Sec. 11) – In four days designated by apply again. Candidates who have failed
bar examiner, annually (in September) the bar examinations for three times
and in the city of Manila. shall be disqualified from taking
another examination unless they show
proof of reenrollment and successful
Page 5 of 89
completion of regular fourth year review I, _____, do solemnly swear that I will

classes as well as attended a pre-bar maintain allegiance to the Republic of the
review course in a recognized law Philippines.
school. I will support and defend its Constitution and
obey the laws as well as the legal orders of
The professors of the individual
the duly constituted authorities therein;
review subjects under this rule shall
certify under oath that the candidates I will do no falsehood nor consent to the
have regularly attended classes and doing of any in court;
passed the subjects under the same
conditions as ordinary students and the I will not wittingly or willingly promote or
ratings obtained by them in the sue any groundless, false or unlawful suit nor
particular subject. give aid nor consent to the same;
I will delay no man for money or malice, and

J. DISCIPLINE (Sec. 13)
will conduct myself as a lawyer according to
the best of my knowledge and discretion with
No candidate shall endeavor to all good fidelity as well to the court as to my
o Influence any member of the clients; and
committee,
o During examination the candidates I impose upon myself this obligation
shall not communicate with each voluntarily, without any mental reservation
other or purpose of evasion.
o Shall not give or receive any
So help me God.
assistance.
Violators will be punished by  In Re: Argosino, 270 SCRA 26 1997

disqualification, counted as a failure. The lawyer’s oath is not a mere ceremony or
Further disciplinary action, including formality for practicing law. Every lawyer
permanent disqualification, may be should at all times weigh his actions
taken in the discretion of the court. according to the sworn promises he makes
when taking the lawyer’s oath. If all lawyers
K. BAR EXAM AS CIVIL SERVICE conducted themselves strictly according to
ELIGIBILITY – The law makes passing the lawyer’s oath and the Code of
the bar examination equivalent to a first Professional responsibility, the
grade civil service eligibility for ay administration of justice will undoubtedly
position in the classified service in the fairer, faster and easier for everyone
government the duties of which require concerned.
knowledge of law, or a second grade
civil service eligibility for any other  Olbes v. Deciembre, A.C. No. 5365 (April
government position which does not 2005)
prescribe proficiency in law as a By taking the lawyer’s oath, a lawyer
qualification. becomes the guardian of truth and the rule
of law and an indispensable instrument in
o First grade civil service eligibility for the fair and impartial administration of
any position justice.
o Second grade civil service eligibility
for position which does not prescribe
proficiency in law IV. Qualifications for Practice
7. Lawyer’s Oath Statutory Basis

Rules of Court, Rule 138, Sec. 1. Any person
Statutory Basis duly admitted as a member of the bar, or
hereafter admitted as such in accordance with
Rules of Court, Sec. 17. An applicant who has
the provisions of this rule, and who is in good
passed the required examination, or has been
and regular standing, is entitled to practice law.
otherwise found to be entitled to admission to
the bar, shall take and subscribe before the
Supreme Court an oath of office. Form 28 of the  General Rule: Members of the Bar
Judicial Standard Forms prescribes the
following oath to be taken by the applicant:  Exceptions:
1. Law students
2. By an agent/friend
3. By person
Page 6 of 89
1. Law Students Administrative tribunals – only if they

represent their organization or members.
Statutory Basis NLRC, cadastral courts, etc.
Rules of Court, Rule 138-A or the Law Student
Practice Rule Limitations:
o non-adversarial contentions
Qualifications of Students who may Appear o not habitually rendered
in Court: o not charge for payment
 Third year standing
 Enrolled in a recognized law school’s For the government – any person
legal education program approved by appointed to appear for the government of
the Supreme Court, without the Philippines in accordance with law
compensation in any civil, criminal or
administrative case before any trial 3. Self-representation
court, tribunal, board or officer, to
represent indigent clients accepted by Statutory Basis
the legal clinic of the law school Rules of Court, Rule 138, Sec. 34. A person may
 Under direct supervision and control of represent himself before any court. He is bound
a member of the IBP duly accredited by by the same rules in conducting the trial of his
case. He cannot, after judgment, claim that he
the law school. Any and all pleadings,
was not properly represented.
motions, briefs, memoranda or other
papers must be signed by the
supervising attorney for and in behalf of Rule 115, Sec 1 (c) provides that an
the legal clinic. accused may waive his right to counsel but
if he cannot protect his rights without the
Rule 138, Sec. 34. A law student may appear in assistance of a counsel, the Court should
his personal capacity without the supervision of advise him to secure a counsel de parte or
a lawyer in inferior courts. appoint a counsel de officio to represent
him.
DIRECT SUPERVISION AND CONTROL
Requires no less than the physical presence of COUNSEL DE OFFICIO
the supervising lawyer during the hearing. A counsel, appointed or assigned by the court,
from among members of the Bar in good
 In Re: Need That Law Student Practicing standing who, by reason of their experience and
ability, may adequately defend the accused.
Under Rule 138-A Be Actually
Supervised During Trial (1997) COUNSEL DE PARTE
A law student appearing before the RTC A counsel employed or retained by the party, or
under Rule 138-A should at all times be the accused
accompanied by a supervising lawyer.
RIGHT TO COUNSEL: Absolute and
2. Agent immutable. However, his option to secure
the services of counsel de parte is not
Statutory Basis absolute. The trial court may restrict his
Rules of Court, Rule 138, Sec. 34. In such cases, option to retain a counsel de parte if a) the
no attorney-client relationship exists; not accused insists on an attorney he cannot
habitual. An agent is usually appointed or a afford b) chosen counsel is not a lawyer or
friend chosen in a locality where a licensed
c) the attorney declines to represent the
member of the bar is not available.
accused for a valid reason, in which case
the trial court can appoint his counsel de
Civil – a party in a civil suit may conduct
oficio to represent him.
his litigation either personally or by
attorney unless the party is a juridical
In a democratic and civilized country where
person.
the rights of a person are determined in
 Allowed in MTC, RTC, appellate court.
accordance with established rules, the
Criminal – in a locality where a lawyer is employment of a person acquainted with
unavailable, a judge may appoint a non- those rules becomes a necessity both to the
lawyer who is a resident of the province, litigants and to the Court. A party litigant
and of good repute for probity and ability to needs the assistance of counsel in all
defend the accused. proceedings, administrative, civil or
 Allowed up to MTC-level only. criminal. (Agpalo)
Page 7 of 89
V. Prohibition from Practice VI. Notarial Practice

RELATIVE PROHIBITION NOTARY PUBLIC or a notary is any person
commissioned to perform official acts
1) Senators and members of the House of 1) acknowledgements;
Representatives (prohibition to appear) 2) oaths and affirmations;
(Art VI, Sec. 14, 1987 Constitution) 3) jurats;
2) Members of the Sanggunian (RA No. 4) signature witnessing;
7160, Sec. 91) 5) copy certifications; and
6) any other act authorizes in the rules
ABSOLUTE PROHIBITION
Why notarize
1) Judges and other officials as employees  To verify the personal appearance of
of the Superior Court (Rule 148, Sec. affiant and the genuineness of signature
35, RRC)
o Officials and employees of the OSG  To authenticate document and verify
o Government prosecutors (People v. due execution, making document
Villanueva, 14 SCRA 109) admissible in evidence without proof of
2) President, Vice-President, members of authenticity.
the cabinet, their deputies and
assistants, (Art. VIII Sec. 15, 1987 Notarization is not an empty, meaningless,
Constitution) routinary act. It is invested with
3) Chairmen and Members of the substantive public interest, such that only
Constitutional Commissions (Art. IX-A, those who are qualified or authorized may
Sec. 2, 1987 Constitution) act as notaries public…A notarial document
4) Ombudsman and his deputies (Art. IX, is by law entitled to full faith and credit
Sec. 8 (2nd par.), 1987 Constitution) upon its face. Courts, administrative
5) Solicitor general and assistant solicitor agencies and the public at large must be
generals able to rely upon the acknowledgement
6) All governors, city and municipal executed by a notary public. (Baylon v.
mayors (R.A. No. 7160, Sec. 90) Almo, A.C. No.
7) Those who, by special law, are 6962, June 25, 2008)
prohibited from engaging in the practice
of their legal profession QUALIFICATIONS OF A NOTARY PUBLIC
1) citizen of the Philippines
SPECIAL RESTRICTIONS 2) over 21 years of age
1) Retired judges (RA 910, Sec. 1, as 3) resident of the Philippines for at least
amended) one year and maintains a regular place
of work or business
A retired justice or judge receiving a 4) member of the Philippine Bar in good
pension from the government, cannot act as standing, with clearances from the Bar
counsel in any civil case in which the Confidant of the SC and the IBP
Government, or any of its subdivision or 5) no conviction for any crime involving
agencies is the adverse party or in a moral turpitude
criminal case wherein an officer or
employee of the Government is accused of (Hence all notaries are lawyers but not all
an offense in relation to his office. lawyers are notaries.)
REMEDIES AGAINST UNAUTHORIZED COMMISSION

PRACTICE A notarial commission is granted by an
1) Petition for Injunction executive judge after petition of the lawyer,
2) Declaratory Relief and is good for two years. Every petition
3) Contempt of Court undergoes a hearing and approved after
4) Disqualification and complaints for o petition is proven sufficient in form and
disbarment substance
5) Criminal complaint for estafa who o petitioner proves allegations in petition
falsely represented to be an attorney to o petitioner establishes to the satisfaction
the damage party of the court that he has read and
understood the Rules on Notarial
Practice
Page 8 of 89
AUTHORITY OF THE NOTARY 4) any place where a party to the

To certify signature and to sign in behalf of an instrument requiring notarization is
affiant. under detention
A notary is authorized to certify the affixing of B. Irregularity in person
a signature by thumb or other mark on an
instrument or document presented if:
 the thumb or other mark is affixed in
Disqualifications:
presence of notary and two disinterested 1) if notary is personally a party to the
witnesses instrument
 both witnesses affix their own mark 2) if he will receive as an indirect and
 the affiant and witnesses personally present direct result any commission, fee,
ID with picture, oath of witnesses known to advantage, right, title, interest, cash,
the individuals, and residence certificates, if property, or other consideration in
not personally known excess of what is provided in these rules
 the notary writes: “Thumb or other mark 3) if notary is a spouse, common-law
affixed by ___ in the presence of ____ and partner, ancestor, descendant, or
undersigned notary public.”
relative by affinity or consanguinity of
 notary public notarizes the signatures or
marks through an acknowledgement, jurat
the principal up to the fourth degree
or signature witnessing
C. Mandatory refusal to notarize
A notary public authorized to sign on behalf of
a person unable to sign if: 1) If the transaction is unlawful or immoral
 he is directed by the person unable to sign or 2) If the signatory shows signs that he
make a mark does not understand consequences of
 the signature of the notary is affixed in the the act, per the notary’s judgment
presence of two disinterested witnesses 3) If the signatory appears not to act of his
 both witnesses sign their own names own free will, per the notary’s judgment
 the affiant and witnesses personally present
ID with picture, oath of witnesses known to
the individuals, and residence certificates, if NOTARIAL REGISTER
not personally known A chronological official notarial register of
 the notary writes: “Signature affixed by notarial acts consisting of a permanently
notary in the presence of ____.” bound book with numbered pages. There
 notary public notarizes the signatures or must only be one active register ay any
marks through an acknowledgement or jurat given time.
What to notarize Required entries:

1) entry number and page number
GENERAL RULE: A notary can notarize any 2) date and time of day
document, upon request of affiant. 3) type of notarial act
Notarization of document must be at the 4) title or description of document
notary public’s regular place of work. 5) name and address of each principal
6) competent evidence of identity
EXCEPTION: 7) name and address of each credible
witness
A. Irregularity in place - if it is outside of 8) fee charged
his territorial jurisdiction 9) address where the notarization was
performed, if not the notary’s regular
Exceptions: place of business
1) in public offices, convention halls and 10) any other circumstance of significance
other places where oaths of office are
administered Official signature – signed by hand, not by
2) public function areas in hotels and facsimile stamp or printing device, and at
similar areas used for the signing of the time of the notarization
instruments or documents requiring
notarization Official seal – two-inch diameter seal with
3) hospitals and other medical institutions the words “Philippines”, attorney’s name at
where a part to an instrument is the margin and the roll of attorney’s
confined for treatment number.
Page 9 of 89
For vendors, the sale of the seal may only

be upon judicial authority, for a period of 4
years.
For buyers, a certified copy of the

commission is necessary for purchase. One
seal per certificate.
The act of a lawyer notarizing a Special

Power of Attorney knowing that the
person who allegedly executed it is dead
is a serious breach of the sacred obligation
imposed upon him by the Code of
Professional Responsibility, specifically Rule
1.01 of Canon 1. (Sicat v. Arriola, 456 SCRA
93 (2005))
A lawyer is guilty of misconduct in the

performance of his duties if he fails to
register in his notarial register the
affidavits-complaints which were filed in an
administrative case before the Civil Service
Commission. (Aquino v. Pascua, 539 SCRA
1 (2007))
Page 10 of 89
REVIEWER IN LEGAL ETHICS Chapter II. Code of Professional Responsibility
Chapter II. Code of Professional bar and to the public. (G.A. Malcolm, Legal
Responsibility and Judicial Ethics 8, 1949)
I. LEGAL ETHICS
Duties of a Lawyer
DUTIES OF A LAWYER
II. LAWYER’S DUTIES TO SOCIETY Statutory basis: Rule 138, Sec. 20
A. CANON 1: PROMOTE AND RESPECT
THE LAW AND LEGAL PROCESS 1) To maintain allegiance to the Republic
B. CANON 2: PROVIDE EFFICIENT AND of the Philippines and to support the
CONVENIENT LEGAL SERVICES Constitution and obey the laws of the
C. CANNON 3: INFORMATION ON LEGAL Philippines;
SERVICES THAT IS TRUE, HONEST,
2) To observe and maintain the respect
FAIR AND DIGNIFIED
due to the courts of justice and judicial
PROFESSIONAL RESPONSIBILITY
D. CANON 4: SUPPORT FOR LEGAL
REFORMS AND ADMINISTRATION OF officers;
CHAPTER II. CODE OF

JUSTICE 3) To counsel or maintain such actions or
E. CANON 5: PARTICIPATE IN LEGAL proceedings only as appear to him to be
EDUCATION just, and such defenses only as he
F. CANON 6: GOVERNMENT LAWYERS believes to be honestly debatable under
III. LAWYER’S DUTIES TO THE LEGAL the law;
PROFESSION 4) To employ, for the purpose of
A. CANON 7: UPHOLD DIGNITY AND
maintaining the causes confided to him,
INTEGRITY IN THE PROFESSION
B. CANON 8: COURTESY, FAIRNESS, such means only as are consistent with
CANDOR TOWARDS PROFESSIONAL truth and honor, and never seek to
COLLEAGUES mislead the judge or any judicial officer
C. CANON 9: UNAUTHORIZED PRACTICE by an artifice or false statement of fact
OF LAW or law;
IV. LAWYER’S DUTIES TO THE COURTS 5) To maintain inviolate the confidence,
A. CANON 10: OBSERVE CANDOR, and at every peril to himself, to preserve
FAIRNESS AND GOOD FAITH the secrets of his client, and to accept
B. CANON 11: RESPECT COURTS AND
no compensation in connection with his
JUDICIAL OFFICERS
C. CANON 12: ASSIST IN SPEEDY AND client's business except from him or
EFFICIENT ADMINISTRATION OF with his knowledge and approval;
JUSTICE 6) To abstain from all offensive personality
D. CANON 13: REFRAIN FROM ACT and to advance no fact prejudicial to the
GIVING APPEARANCE OF INFLUENCE honor or reputation of a party or
V. LAWYER’S DUTIES TO THE CLIENT witness, unless required by the justice
A. CANON 14: SERVICE TO THE NEEDY of the cause with which he is charged;
B. CANON 15: OBSERVE CANDOR, 7) Not to encourage either the
FAIRNESS, LOYALTY
commencement or the continuance of
C. CANON 16: HOLD IN TRUST CLIENT’S
MONEYS AND PROPERTIES an action or proceeding, or delay any
D. CANON 17: TRUST AND CONFIDENCE man's cause, from any corrupt motive
E. CANON 18: COMPETENCE AND or interest;
DILIGENCE 8) Never to reject, for any consideration
F. CANON 19: REPRESENTATION WITH personal to himself, the cause of the
ZEAL defenseless or oppressed;
G. CANON 20: ATTORNEY’S FEES 9) In the defense of a person accused of
H. CANON 21: PRESERVE CLIENT’S crime, by all fair and honorable means,
CONFIDENCE
regardless of his personal opinion as to
I. CANON 22: WITHDRAWAL OF
SERVICES FOR GOOD CAUSE VALID the guilt of the accused, to present
GROUND FOR REFUSAL every defense that the law permits, to
the end that no person may be deprived
of life or liberty, but by due process of
I. Legal Ethics
law.
Definition: Body of principles by which the
PUBLIC DUTY – as attorneys are faithful
conduct of members of the legal profession
assistants of the court in search of a just
is controlled.
solution to disputes
It is that branch of moral science which
A counsel de officio is expected to render
treats of the duties which an attorney at
effective service and to exert his best efforts
law owes to his clients, to the courts, to the
Page 11 of 89
on behalf of an indigent accused. He has a 4) Duties to the Client

high duty to the poor litigant as to a paying  entire devotion to client’s interest
client. He should have a bigger dose of
social conscience and a little less of self
interest. (Agpalo) II. Lawyer’s Duties to Society
PRIVATE DUTY – as attorneys operate as a
Canon 1: Promote and Respect the Law
trusted agent of his client
and Legal Process
Canon 2: Provide Efficient and Convenient
A private prosecutor may intervene in the
prosecution of a criminal action when the Legal Services
offended party is entitled to indemnity and has Cannon 3: Information on Legal Services
not waived expressly, reserved or instituted the that is true, Honest, Fair and
civil action for damages. Dignified
Canon 4: Support for Legal Reforms and
CHAPTER II. CODE OF

In case of heavy work schedule of the public Administration of Justice
prosecutors, the private prosecutor may be Canon 5: Participate in Legal Education
authorized in writing by the Chief of the Canon 6: Government lawyers
Prosecution Office or the Regional State
Prosecution to prosecute the case subject to the
approval of the Court. CANON 1 - A LAWYER SHALL UPHOLD
THE CONSTITUTION, OBEY THE LAWS
Once so authorized to prosecute the criminal OF THE LAND AND PROMOTE RESPECT
action, the private prosecutor shall continue to FOR LAW OF AND LEGAL PROCESSES.
prosecute the case up to the end of the trial even
in the absence of a public prosecutor, unless the
authority is revoked or otherwise withdrawn. Rule 1.01 - A lawyer shall not engage in
(Rule 110, Sec. 5, ROC, as amended per A.M. unlawful, dishonest, immoral or deceitful
No. 02-2-07-SC, May 1, 2002) conduct.
FOUR-FOLD DUTIES OF A LAWYER UNLAWFUL CONDUCT

(Per the Code of Professional Responsibility) An act or omission which is against the law.
Dishonesty involves lying or cheating. (Agpalo)
1) Duties to Society
 should not violate his responsibility IMMORAL OR DECEITFUL CONDUCT
That which is willful, flagrant or shameless and
to society
which shows a moral indifference to the opinion
 exemplar for righteousness of the good and respectable members of the
 ready to render legal aid community. (Aguirre)
 foster social reforms
 guardian of due process MORAL TURPITUDE
 aware of special role in the solution “Includes everything which is done contrary to
justice, honesty, modesty, or good morals”. It
of special problems and be always
involves an act of baseness, vileness, or
ready to lend assistance in the depravity in the private duties which a man
study and solution of social owed his fellowmen, or to society in general,
problems contrary to the accepted and customary rule of
right and duty between man and woman, or
2) Duties to the Legal Profession conduct contrary to justice, honesty, modesty,
 candor or good morals. (Barrios v. Martinez, 442 SCRA
 fairness 324 (2004))
 courtesy and truthfulness
E.g. crimes of murder, estafa, rape, violation of
 avoid encroachment in the business BP 22, bribery, bigamy, adultery, seduction,
of other lawyers abduction, concubinage, smuggling
 uphold the honor of the profession
Immorality connotes conduct that shows
3) Duties to the Court indifference to the moral norms of
 respect or defend against criticisms society. For such conduct to warrant
 uphold authority and dignity disciplinary action, the same must be
 obey order and processes grossly immoral, it must be so corrupt
 assist in the administration of and false as to constitute a criminal act
justice or so unprincipled as to be reprehensible
to a high degree. Respondent's act belies
Page 12 of 89
the alleged moral indifference and proves is not only a condition precedent to
that she has no intention of flaunting the admission to the legal profession, but it
law and the high moral standards of the must also be possessed at all times in order
legal profession. (Ui v. Bonifacio, 333 SCRA to maintain one's good standing in that
38) exclusive and honored fraternity.” (Calub v.
Suller, A.C. No. 1474, January 28, 2000 and
Mere intimacy between a man and a quoting Docena vs. Limon, 295 SCRA 262)
woman, both of whom possess no
impediment to marry, voluntarily carried Rule 1.02 - A lawyer shall not counsel or
and devoid of deceit on the part of the abet activities aimed at defiance of the law
respondent is neither so corrupt nor so or at lessening confidence in the legal
unprincipled as to warrant the imposition system.
of disciplinary sanction, even if a child was
born out of wedlock of such relationship. It The SC does not claim infallibility, it will
may suggest a doubtful moral character
CHAPTER II. CODE OF

not denounce criticism made by anyone
but not grossly immoral. (Figueroa v. against the Court for, if well founded can
Barranco, 276 SCRA 445 (1997)) truly have constructive effects in the task of
the Court, but will not countenance any
Reconciliation between Delizo-Cordova wrong doing nor allow erosion of the
and Cordova, assuming the same to be people's faith in the judicial system.
real, does not excuse or wipe away the (Estrada v. Sandiganbayan, 416 SCRA 465)
misconduct and immoral behavior
carried out in public. The requirement of The promotion of organizations, with
good moral character persists as a knowledge of their objectives, for the
continuing condition for membership in purpose of violating or evading the laws
the Bar in good standing. (Cordova v. constitutes such misconduct in his office.
Cordova, 179 SCRA 680 (1989)) (In re Terrell, 2 Phil 266 (1903))
While sexual relations between two
Rule 1.03 - A lawyer shall not, for any
unmarried adults is not sufficient to
corrupt motive or interest, encourage any
warrant disbarment, it is not with respect
suit or proceeding or delay any man's
to betrayals to the marital vow.
cause.
Respondent’s wanton disregard for the
sanctity of marriage is shown when he
pursued a married woman and thereafter BARRATRY OR “MAINTENANCE”
Inciting or stirring up quarrels or groundless
cohabited with her. (Guevarra v. Eala, 529
lawsuits
SCRA 1 (2007))
AMBULANCE CHASING
When lawyers are convicted of frustrated Accident-site solicitation of almost any kind of
homicide, the attending circumstances, legal business by laymen employed by an
not the mere fact of their conviction attorney for the purpose or by the attorney
would demonstrate their fitness to remain himself.
in the legal profession. (Soriano v. Dizon,
A.C. No. 6792, January 25, 2006) Supports perjury, the defrauding of innocent
persons by judgments, upon manufactured
causes of actions and the defrauding of injured
The record discloses that the Court of First persons having proper causes of action but
Instance acquitted respondent Suller for ignorant of legal rights and court procedure.
failure of the prosecution to prove his guilt
beyond reasonable doubt. Such acquittal, A lawyer may be disciplined in his
however, is not determinative of this professional and private capacity. The filing
administrative case ... The rape of his of multiple complaints reflects on his
neighbor's wife constituted serious moral fitness to be a member of the legal
depravity even if his guilt was not proved profession. His conduct of vindictiveness
beyond reasonable doubt in the criminal a decidedly undesirable trait especially
prosecution for rape. He is not worthy to when one resorts to using the court not to
remain a member of the bar. The privilege secure justice but merely to exact revenge
to practice law is bestowed upon warrants his dismissal from the judiciary.
individuals who are competent (Saburnido v. Madrono, 366 SCRA 1 (2001))
intellectually, academically and, equally
important, morally. “Good moral character
Page 13 of 89
Rule 1.04 - A lawyer shall encourage his Valid grounds for refusal (Rule 14.03):
clients to avoid, end or settle a controversy 1) He is in no position to carry out the
if it will admit of a fair settlement. work effectively or competently
2) He labours under a conflict of interest
 The function of a lawyer is not only to between him and the prospective client
conduct litigation but to avoid it where or between a present client and the
possible, by advising settlement or prospective client
withholding suit. He must act as
mediator for compromise rather than an The legal profession is a burdened privilege
instigator and conflict. What sometimes not many are qualified to undertake.
beclouds a lawyer’s judgment as to Ledesma owes fidelity to the duty required
what is best for his client is his eye on of the legal profession. Because there is no
the attorney’s fees which are often incompatibility between the defense of
considerably less when the cause is his client and him being an election
registrar, he should not decline his
CHAPTER II. CODE OF

amicably settled. The problem of
conflict of interests must be resolved appointment as counsel de oficio. The ends
against self-interest. (Agpalo) of justice will be well served by requiring
counsel to continue as counsel de oficio.
A lawyer should be sanctioned for the (Ledesma v. Climaco, 57 SCRA 473 (1974))
misuse of legal remedies and
prostituting the judicial process to thwart Rule 2.02 - In such cases, even if the
the satisfaction of a judgment to the lawyer does not accept a case, he shall not
prejudice of others. The lawyer abetted his refuse to render legal advice to the person
client in using the courts to subvert the concerned if only to the extent necessary to
very ends of justice by instigating safeguard the latter's rights.
controversy and conflict although the
client's cause is without merit. It is every Advice may be on what preliminary steps to
duty of a counsel to advise his client on the take until the client has secured the
merit of his case. A lawyer must resist the services of counsel.
whims and caprices of his clients, and
temper his client’s propensity to litigate. But he shall refrain from giving legal
(Castaneda v. Ago, 65 SCRA 505 (1975)) advice if the reason for not accepting the
case is that there involves a conflict of
CANON 2 - A LAWYER SHALL MAKE HIS interest between him and a prospective
LEGAL SERVICES AVAILABLE IN AN client or between a present client and a
EFFICIENT AND CONVENIENT MANNER prospective client. (Agpalo)
COMPATIBLE WITH THE
INDEPENDENCE, INTEGRITY AND Rule 2.03 - A lawyer shall not do or permit
EFFECTIVENESS OF THE PROFESSION. to be done any act designed primarily to
solicit legal business.
Rule 2.01 - A lawyer shall not reject, except
for valid reasons, the cause of the The legal practice is not a business. Unlike
defenseless or the oppressed. a businessman, the lawyer has:
1) Relation to the administration of justice
involving sincerity, integrity and
LEGAL AID IS NOT A MATTER OF
CHARITY. It is a means for the correction reliability as an “officer of the court”;
2) duty of public service;
of social imbalance that may and often
3) relation to clients with the highest
do lead to injustice, for which reason it
degree of fiduciary;
is a public responsibility of the Bar. The
4) relation to colleagues at the bar
spirit of public service should, therefore,
underlie all legal aid offices. The same characterized by candor, fairness and
should be administered to indigent and unwillingness to resort to business
methods of advertising and
deserving members of the community on all
encroachment on their practice, or
cases, matters and situations in which legal
dealing directly with their clients.
aid may be necessary to forestall an
(Agpalo)
injustice. (IBP Handbook, Guidelines
Governing the Establishment and
In relation to Rule 3.01, solicitation of any
Operation of the Legal Aid Office, Art. 1,
kind is prohibited; but some forms of
Sec. 1)
advertisement may be allowed.
Page 14 of 89
MALPRACTICE o listing in telephone directory but not

The practice of soliciting cases at law for the under designation of special branch of
purpose of gain, either personally or through law
paid agents or brokers, constitutes malpractice. o if acting as an associate (specialising in
A member of the bar may be disbarred or a branch of law), may publish a brief
suspended from his office as attorney by the SC
and dignified announcement to lawyers
for any… malpractice…. (Rule 138, Sec. 27)
(law list, law journal)
o if in media, those acts incidental to his
Rule 2.04 - A lawyer shall not charge rates practice and not of his own initiative
lower than those customarily prescribed o write articles for publication giving
unless the circumstances so warrant. information upon the law (and not
individual rights or advising through
This prohibits the competition in the matter column/ TV. broadcast, lest such be
of charging professional fees for the considered indirect advertising)
purposed of attracting clients in favor of the activity of an association for the
CHAPTER II. CODE OF

o
lawyer who offers lower rates. The rule does purpose of legal representation
not prohibit a lawyer from charging a
reduced fee or none at all to an indigent or If entering into other businesses which are
to a person who would have difficulty not inconsistent with lawyer’s duties – it is
paying the fee usually charged for such advisable that they be entirely separate and
services. (Agpalo) apart such that a layman could distinguish
between the two functions.
CANON 3 - A LAWYER IN MAKING
KNOWN HIS LEGAL SERVICES SHALL Prohibited advertisement (Sec. 27, Canon of
USE ONLY TRUE, HONEST, FAIR, Professional Ethics):
DIGNIFIED AND OBJECTIVE o Through touters of any kind whether
INFORMATION OR STATEMENT OF allied real estate firms or trust
FACTS. companies advertising to secure the
drawing of deeds or wills
Rule 3.01 - A lawyer shall not use or o Offering retainers in exchange for
permit the use of any false, fraudulent, executorships or trusteeships to be
misleading, deceptive, undignified, self- influenced by the lawyer
laudatory or unfair statement or claim o Furnishing or inspiring newspaper
regarding his qualifications or legal comments concerning the manner of
services. their conduct, the magnitude of the
interests involved, the importance of
THE MOST WORTHY AND EFFECTIVE lawyer’s position, and all other like self-
ADVERTISEMENT possible is the laudation
establishment of a well-merited reputation
for professional capacity and fidelity to A lawyer may not properly publish his brief
trust. This cannot be forced, but must be biographical and informative data in a
the outcome of character and conduct. daily paper, magazine, trade journal or
society program in order to solicit legal
Allowable advertisement: business. (Khan v. Simbillo, 409 SCRA 299
o an ordinary professional card (2003))
o publication in reputable law list with
brief biographical and other informative It is highly unethical for an attorney to
data which may include name, advertise his talents or skill as a merchant
associates, address, phone numbers, advertises his wares. The law is a
branches of law practised, birthday, day profession not a business. Solicitation of
admitted to the bar, schools and dates cases by himself or through others is
attended, degrees and distinctions, unprofessional and lowers the standards of
authorships, teaching positions, the legal profession. (In re Tagorda, 53 Phil
associations, legal fraternities and 37 (1929))
societies, references and regularly
represented clients must be published The lawyer degrades himself and his
for that purpose profession who stoops to and adopts the
o publication of simple announcement of practices of mercantilism by advertising his
opening of law firm, change of firm services or offering them to the public. Not
all types of advertising are prohibited, a
Page 15 of 89
lawyer may advertise in reputable law lists, Art. VII, Sec. 13. The President, Vice-
in a manner consistent with the standards President, the members of the cabinet and
of conduct imposed by the canons. Likewise assistants shall not, unless otherwise
in the use of a name, false and misleading provided in this Constitution, hold any
names are prohibited. (Ulep v. Legal Clinic, other office or employment during their
223 SCRA 378 (1993)) tenure. They shall not, during said tenure,
directly or indirectly practice any
Rule 3.02 - In the choice of a firm name, profession.
no false, misleading or assumed name shall
be used. The continued use of the name of Art. IX, Sec. 2. No member of a
a deceased partner is permissible provided Constitutional Commission shall, during
that the firm indicates in all its his tenure, hold any other office or
communications that said partner is employment. Neither shall he engage in the
deceased. practice of any profession.
CHAPTER II. CODE OF

GENERAL RULE 1: All partners in firm It is unlawful for a public official or
name must be alive. employee to, among others: "engage in the
private practice of their profession,
EXCEPTION: When removal of the deceased unless authorized by the Constitution or
partner’s name disturbs the client goodwill law, provided that such practice will not
built through the years. conflict or tend to conflict with official
functions." (Samonte v. Gatdula, 303 SCRA
Death of a partner does not extinguish 756 (1999))
the client-lawyer relationship with the
law firm. (B.R. Sebastian Enterprises Inc. Rule 3.04 - A lawyer shall not pay or give
vs. Court of Appeals, 206 SCRA 28) anything of value to representatives of the
mass media in anticipation of, or in return
GENERAL RULE 2: Filipino lawyers cannot for, publicity to attract legal business.
practice law under the name of a foreign
law firm. It is bad enough to have such undue
publicity when a criminal case is being
Firms may not use misleading names investigated, but when publicity and
showing association with other firms to sensationalism is allowed, even
purport legal services of highest quality and encouraged, when the case is on appeal
ties with multinational business enterprise and is pending consideration by the SC, it
especially when such firm attached as an is inexcusable and abhorrent. (Cruz v.
associate cannot legally practice law in Salva, 105 Phil 1151 (1959))
the Philippines. (Dacanay v. Baker and
McKenzie, 136 SCRA 349 (1985)) CANON 4 - A LAWYER SHALL
PARTICIPATE IN THE DEVELOPMENT OF
Rule 3.03 - Where a partner accepts public THE LEGAL SYSTEM BY INITIATING OR
office, he shall withdraw from the firm and SUPPORTING EFFORTS IN LAW REFORM
his name shall be dropped from the firm AND IN THE IMPROVEMENT OF THE
name unless the law allows him to practice ADMINISTRATION OF JUSTICE.
law currently.
Activities encouraged:
Related statutory basis: RA 7160 or the o Presenting position papers or
Local Government Code, Section 90. resolutions for the introduction of
Governors, city and municipal mayors are pertinent bills in Congress
prohibited from practice of profession. o Petitions in the SC for the amendments
to the Rules of Court
EXCEPTION: Sanggunian members are
allowed to practice concurrently subject to CANON 5 - A LAWYER SHALL KEEP
certain restrictions. ABREAST OF LEGAL DEVELOPMENTS,
1987 Constitution, Art. VI, Sec. 14. No
PARTICIPATE IN CONTINUING LEGAL
Senator or member of the House of
EDUCATION PROGRAMS, SUPPORT
Representative may personally appear
EFFORTS TO ACHIEVE HIGH
before any court of justice or before the STANDARDS IN LAW SCHOOLS AS WELL
Electoral Tribunal, or quasi-judicial and AS IN THE PRACTICAL TRAINING OF
other administrative bodies.
Page 16 of 89
LAW STUDENTS AND ASSIST IN 14. Those who have retired from the law
DISSEMINATING THE LAW AND practice (special exemption)
JURISPRUDENCE.
Penalty: Listing as a delinquent member of
OBLIGATIONS the IBP
1) To self for continued improvement of CANON 6 - THESE CANONS SHALL

knowledge APPLY TO LAWYERS IN GOVERNMENT
2) To his profession for maintenance of SERVICES IN THE DISCHARGE OF
high standards of legal education THEIR TASKS.
3) To the public for social consciousness
Rule 6.01 - The primary duty of a lawyer
BAR MATTER NO. 850 (2000)
engaged in public prosecution is not to
convict but to see that justice is done. The
CHAPTER II. CODE OF

Purpose: To ensure that lawyers suppression of facts or the concealment of
throughout their career keep abreast with witnesses capable of establishing the
law and jurisprudence, maintain the ethics innocence of the accused is highly
of the profession and enhance the reprehensible and is cause for disciplinary
standards of the practice of law action.
Requirement: Every three years at least 36
Related statutory basis: RA 6713, Sec. 4 (A)
hours of legal education activities.
or the Code of Conduct and Ethical
Standards for Public Officials and
Legal ethics 6 hrs Employees.
Trial and pre-trial skills 4 hrs
Alternative dispute resolution 5 hrs
Every public official and employee shall
Updates on substantive procedural 9 hrs
observe the following as standards of
laws and jurisprudence
personal conduct in the discharge and
Writing and oral advocacy 4 hrs
execution of official duties:
International law and international 2 hrs o Commitment to public interest
conventions
o Professionalism
Other subjects as may be 6 hrs
o Justness and sincerity
prescribed by the Committee on
o Political neutrality
MCLE
o Responsiveness to the public
o Nationalism and patriotism
Exemptions: o Commitment to democracy
1. President, vice-president, cabinet
o Simple living
members
2. Members of Congress
It is upon the discretion of the prosecutor
3. Chief Justice and incumbent and
to decide what charge to file upon proper
retired members of the judiciary appreciation of facts and evidences. Fiscals
4. Chief state counsel, prosecutor and
are not precluded from exercising their
assistant secretaries of the Department
sound discretion in investigation. His
of Justice
primary duty is not to convict but to see
5. Solicitor General and assistants that justice is served. (People v. Pineda, 20
6. Government Corporate Counsel, his SCRA 748 (1967))
deputies and assistants
7. Chairman and members of
A member of the Bar who assumes public
Constitutional Commissions
office does not shed his professional
8. Ombudsman and his deputies
obligation. The Code was not meant to
9. Heads of government agencies
govern the conduct of private petitioners
exercising quasi-judicial functions
alone, but of all lawyers including those in
10. Incumbent deans, bar reviewers and
government service. Lawyers in government
professors of law who have 10 year
are public servants who owe the utmost
teaching experience
fidelity to the public service. Thus they
11. Officers and lecturers of the Philippine
have to be more sensitive in the
Judicial Academy
performance of their professional
12. Governors and mayor obligations…. A lawyer in public service is
13. Those not in law practice (special
a keeper of public faith and is burdened
exemption)
with a high degree of social responsibility,
Page 17 of 89
perhaps higher than her brethren in private activities. Public officials and employees during
practice. (Vitriolo v. Dasig, 400 SCRA 172 their incumbency shall not:
(2003)) o Own, control, manage or accept employment
as officer employee, consultant, counsel,
broker, agent, trustee or nominee / in any
Rule 6.02 - A lawyer in government service private enterprise regulated, supervised or
shall not use his public position to promote licensed by their office / unless expressly
or advance his private interests, nor allow allowed by law;
the latter to interfere with his public duties. o Engage in the private practice of their
profession unless authorized by the
Respondent in his future actuations as a Constitution or law, provided that such
practice will not conflict or tend to conflict
member of the bar, should refrain from
with their official functions;
laying himself open to such doubts and o Recommend any person to any position in a
misgivings as to his fitness for the position
private enterprise which has a regular or
he occupies but also for membership in the pending official transaction with their office.
CHAPTER II. CODE OF

bar. Fitness as to the membership to the
legal profession includes keeping his These prohibitions shall continue to apply for a
honor unsullied. (Misamin v. San Juan, 72 period of one year after resignation, retirement
SCRA 491 (1976)) or separation from public office, except in case of
subparagraph (2) above, but the professional
concerned cannot practice his profession in
Rule 6.03 - A lawyer shall not, after leaving connection with any matter before the office he
government service, accept engagement or used to be with, in which case the one year
employment in connection with any matter prohibition shall likewise apply.
in which he had intervened while in said
service. Relative Prohibition
How a Government Lawyer Leaves On retired judges and justices

Government Service:
 retirement Statutory Basis
 resignation RA 910 or the special law on retirement of
 expiration of the term of office justices and judges, Sec. 1. No retiring justice or
 dismissal judge of a court of record or city or municipal
 abandonment judge during the time that he is receiving said
pension shall appear as counsel in any court in
GENERAL RULE: Practice of profession any civil case where
allowed immediately after leaving public o the government or any of its subdivisions or
instrumentalities is an adverse party
service
o in a criminal case, where an officer or
employee of the government is accused of an
EXCEPTIONS: If lawyer had connection offense related to his official function
with any matter during his term, subject to o in any administrative proceeding, cannot
a) One year prohibition if he had not collect any fee for his appearance to
intervened maintain an interest adverse to the
b) Permanent prohibition if he had government
intervened
Permanent Prohibitions
One Year Prohibition
On any government employee
Statutory Basis No government employee, official, or officer
RA 3019 or the Anti-Graft and Corrupt Practices may accept engagement or employment in
Act. Sec. 3(d) - Corrupt practices of any public connection with matter he had intervened
officer include: in. Intervention includes any act of a
(d) Accepting or having any member of his person which has the power to influence
family accept employment in a private
the subject proceedings. (Agpalo)
enterprise which has pending official
business with him during the pendency
thereof or within one year after its The “matter” contemplated in this rule are
termination. those that are adverse-interest conflicts
(substantial relatedness and adversity
RA 6713 or the Code of Conduct and Ethical between the government matter and the
Standards for Public Officials and Employees. new client’ matter in interest) and
Sec. 7(b) - Outside employment and other congruent-interest representation
conflicts, while the “intervention” should
Page 18 of 89
be significant and substantial which can or law, and make reports and
have affected the interest of others. (PCGG recommendations thereon. (Agabin)
v. Sandiganbayan, 455 SCRA 526 (2005))
Senior citizens are not exempted from
On members of the legislature supporting the activities of the
1987 Constitution, Art. VI, Sec. 13. No integrated bar. The senior citizen act does
member of legislature may accept an not exempt a lawyer from paying his annual
appointment in an office which he created dues to the IBP.
or increased emoluments thereof.
Nor is the fact that one is practicing law
albeit on a limited basis serve as an
III.Lawyer’s Duties to the Legal excuse for non-payment of dues. The
Profession payment of dues is an indispensable
requisite to remain a member of the bar in
good standing. Failure to pay ones dues
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Canon 7: Uphold Dignity and Integrity in
the Profession translates to a failure to support the
Canon 8: Courtesy, Fairness, Candor activities of the IBP. (Santos v. Llamas, 322
Towards Professional Colleagues SCRA 529 (2000))
Canon 9: Unauthorized Practice of Law
There is no rule permitting the
exemption from payment of IBP dues for
CANON 7 - A LAWYER SHALL AT ALL those who work in the government or for
TIMES UPHOLD THE INTEGRITY AND those who have left the country. The
DIGNITY OF THE LEGAL PROFESSION payment of dues is a necessary
AND SUPPORT THE ACTIVITIES OF THE consequence for membership in the IBP.
INTEGRATED BAR. Payment of dues is compulsory, regardless
of the lack of practice or the type of practice
The IBP is the national organization of the member is engaged in. The fee is a
lawyers, created on January 16, 1973 condition sine qua non, imposed as a
under Rule 139-A of the Rules of Court and regulatory measure to raise funds in order
constituted on May 4, 1973 into a corporate to carry out the objectives of the bar. (Letter
body by PD No. 181. of Atty. Cecilio Arevalo, 458 SCRA 209
(2005))
Non-political in character and that there
shall be neither lobbying nor campaigning Rule 7.01 - A lawyer shall be answerable
in the choice of the IBP Officers. The for knowingly making a false statement or
spectacle of lawyers bribing or being bribed suppressing a material fact in connection
to vote did not uphold the honor of the with his application for admission to the
profession nor elevate it in the public’s bar.
esteem. (In Re: Election of the IBP, 178
SCRA 398 (1989)) OBSERVANCE OF THE DUTIES AND
RESPONSIBILITIES of a lawyer begins even
Objectives: as a law student. A student’s failure to live
1) Assist in the administration of justice up to them may be a ground for SC to
2) Foster and maintain on the part of its refuse admission to practice or for
members high ideals of integrity, disbarment should SC learn later on about
learning, professional competence, his/her transgressions. (Agpalo)
public service and conduct
3) Safeguard the professional interests of The concealment of an attorney in his
its members application to take the bar exams of the fact
4) Cultivate a spirit of cordiality and that he had been charged with or indicted
brotherhood for a particular crime is ground for
5) Provide a forum for the discussion of revocation of his license to practice law.
law, jurisprudence, law reform, (Aguirre)
pleading, practice and procedure and
the relations of the bar A declaration in the application to take
6) Encourage and foster legal education the bar that one is “single” when in fact
7) Promote a continuing program of legal one had contracted marriage prior to the
research in substantive and adjective application is a violation of [this rule] even
if the marriage was believed to be void ab
Page 19 of 89
initio and awaiting judicial declaration of PROFESSIONAL COLLEAGUES, AND

nullity. (Leda v. Tabang, A.C. No. 2505, SHALL AVOID HARASSING TACTICS
February 21, 1992) AGAINST OPPOSING COUNSEL.
Rule 7.02 - A lawyer shall not support the Rule 8.01 - A lawyer shall not, in his
application for admission to the bar of any professional dealings, use language which
person known by him to be unqualified in is abusive, offensive or otherwise improper.
respect to character, education, or other
relevant attribute. Any undue ill-feeling between clients
should not influence counsels in their
A lawyer should not readily execute an conduct and demeanor toward each
affidavit of good moral character in favor of other. While lawyers owe entire devotion to
an applicant who has not live up to the
the interest of their clients, their office does
standard set by law. He should volunteer not permit violation of the laws or any
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information or cooperate in any manner of fraud or chicanery. (Reyes v.
investigation concerning alleged anomaly in Chiong, Jr., 405 SCRA 212)
the bar examination. This is to help guard
the profession from candidates who are Rule 8.02 - A lawyer shall not, directly or
unfit or unqualified. He should expose indirectly, encroach upon the professional
without fear or favor before the SC corrupt employment of another lawyer, however, it
or dishonest conduct in the profession and is the right of any lawyer, without fear or
should not hesitate to accept professional favor, to give proper advice and assistance
employment against a lawyer who has to those seeking relief against unfaithful or
wronged his client. (Agpalo) neglectful counsel.
Rule 7.03 - A lawyer shall not engage in When there is conflict of opinions between
conduct that adversely reflects on his two lawyers jointly associated in a case, the
fitness to practice law, nor shall he, client should decide. The decision should
whether in public or private life, behave in a be accepted unless the nature of the
scandalous manner to the discredit of the difference makes it impracticable for the
legal profession. lawyer whose judgment has been overruled
to cooperate effectively. In this event, it is
In a disbarment proceeding, it is immaterial his/her duty to ask client to relieve
that the complainant is aware of his marital him/her. (Agpalo)
status or that he was not caught in pari
delicto because this is not a proceeding to Before taking over a case handled by a
grant relief to the complainant but one to peer in the Bar, a lawyer is enjoined to
purge the law profession of unworthy obtain the conformity of the counsel
members, to protect the public and the whom he would substitute. And if this
court. Possession of good moral cannot be had then he should, at the very
character is not only a condition least, give notice to such lawyer of the
precedent to admission to the legal contemplated substitution. (In re Clemente
profession, but its continued possession M. Soriano, G.R. No. L-24114, June 30,
is essential to maintain one’s good 1970)
standing in the profession. (Zaguirre v.
Castillo, 398 SCRA 659 (2003)) Related rule: Code of Professional Ethics,
Canon 9. Counsel cannot negotiate,
Being a member of the profession charges a interview nor even correspond directly with
lawyer with the responsibility to stand as a opposite party, in the absence of opposing
shield in the defense of what is right … [and counsel.
for] such positive qualities of decency,
truthfulness and responsibility that have Although aware that the students were
been compendiously described as “moral represented by counsel, respondent
character”. (Tapucar v. Tapucar, A.C. No. attorney proceeded nonetheless, to
4148, July 30, 1998) negotiate with them and their parents
without at the very least communication to
CANON 8 - A LAWYER SHALL CONDUCT their lawyers…This failure whether by
HIMSELF WITH COURTESY, FAIRNESS design or because of oversight is an
AND CANDOR TOWARDS HIS inexcusable violation. (Camacho v.
Page 20 of 89
Pagulayan et al, A.C. No. 4807, March 22, country cannot appear before the courts.
2000) (Guballa v. Caguioa, 78 SCRA 302)
CANON 9 - A LAWYER SHALL NOT, Rule 9.02 - A lawyer shall not divide or
DIRECTLY OR INDIRECTLY, ASSIST IN stipulate to divide a fee for legal services
THE UNAUTHORIZED PRACTICE OF with persons not licensed to practice law,
LAW. except:
a) Where there is a pre-existing agreement
Merely passing the bar does not allow one with a partner or associate that, upon
to engage in the practice of law. Dispensing the latter's death, money shall be paid
legal advice and signing of pleadings prior over a reasonable period of time to his
to taking the lawyer’s oath constitutes an estate or to persons specified in the
agreement
unauthorized practice of law. It is the
signing of the roll of attorneys that b) Where a lawyer undertakes to complete
CHAPTER II. CODE OF

makes one a full-pledged lawyer. To unfinished legal business of a deceased
practice law sans any authority shows a lawyer; or
moral unfitness to be a member of the c) Where a lawyer or law firm includes
Philippine Bar. (Aguirre v. Rana, 403 SCRA non-lawyer employees in a retirement
342 (2003)) plan even if the plan is based in whole
or in part, on a profit sharing
Lawyers in government service are agreement.
prohibited to engage, during their
incumbency thereof, in the private Non-lawyers may appear before the NLRC
practice of their profession unless or any labor arbiter. Granted that they
authorized by the constitution or law and acted as legal representatives, they are still
provided that such practice will not conflict not entitled to receive professional fees.
or tend to conflict with their official The statutory rule that an attorney shall
functions. Private practice does not be entitled to have and recover from his
pertain to an isolated court appearance. client a reasonable compensation or
It refers to a succession of acts of the remuneration for the services they have
same nature of habitually or rendered presupposes the existence of
customarily holding one’s self to the an attorney-client relationship. Such a
public as a lawyer. (OCA v. Ladaga, 350 relationship cannot, however, exist when
SCRA 326) the client’s representative is a non-lawyer.
(Five J Taxi v. NLRC, 235 SCRA 556)
NOTE: Private practice does not pertain to
an isolated court appearance; rather, it
contemplates a succession of acts of the IV. Lawyer’s Duties to the Courts
same nature habitually or customarily
holding one’s self to the public as a lawyer. Canon 10: Observe Candor, Fairness and
Thus, pro-bono appearances may be Good Faith
allowed by the Court in special instances. Canon 11: Respect Courts and Judicial
Officers
Rule 9.01 - A lawyer shall not delegate to Canon 12: Assist in Speedy and Efficient
any unqualified person the performance of Administration of Justice
any task which by law may only be Canon 13: Refrain from Act Giving
performed by a member of the bar in good Appearance of Influence
standing.
CANON 10 - A LAWYER OWES CANDOR,
A lawyer is prohibited from taking as FAIRNESS AND GOOD FAITH TO THE
partner or associate any person who is COURT.
not authorized to practice law – to
appear in court or to sign pleadings.
A counsel’s assertiveness to espouse with
candor and honesty his client’s cause is
A lawyer, who is under suspension from
indeed laudable and commendatory. His
practice of law is not a member of the Bar
insistence to pursue his client’s position
in good standing. A lawyer whose authority
despite its patent futility should not,
to practice has been withdrawn due to a
however, be countenanced. It is the duty of
change in citizenship or allegiance to the
a counsel to advise his client, a layman, of
Page 21 of 89
the complexities of the law as well as the his statements. Every member of the bar
merit or lack thereof of his client’s case. should realize that candor in the
Upholding the cause of justice is dealings with the court is the very
superior to a lawyer’s duty to his client. essence of honorable membership in the
(Cobb Perez v. Lantin, 24 SCRA 291 (1968)) profession. (Cuaresma v. Daguis, 63 SCRA
257 (1975))
The oath to which all lawyers have solemnly
subscribed to is not merely a ceremony or Rule 10.02 - A lawyer shall not knowingly
formality that can afterwards be dispensed misquote or misrepresent the contents of a
with at one’s whim or pleasure. It is a paper, the language or the argument of
sacred trust that lawyers must uphold opposing counsel, or the text of a decision
and keep inviolable. A lawyer should not or authority, or knowingly cite as law a
allow himself to become an instrument in provision already rendered inoperative by
the perpetration of fraud nor should he repeal or amendment, or assert as a fact
allow anyone to deceive the court. (Ting
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that which has not been proved.
Umali v. Torres, 427 SCRA 108 (2004))
The Court believes it is more a result of
Rule 10.01 - A lawyer shall not do any clerical ineptitude than deliberate attempt
falsehood, nor consent to the doing of any to mislead. The Companies have the prima
in Court, nor shall he mislead or allow the facie right to rely on the quotation as it
Court to be misled by an artifice. appears on respondent judge’s decision.
However, the Court articulates its firm view
A lawyer should not conceal the truth from that in citing this Court’s decision and
the court, nor mislead the court in any rulings, it is the bounden duty of courts,
manner no matter how demanding his judges and lawyers to reproduce or copy
duties to clients may be. (Agpalo) the same word-for-word and punctuation
mark-for-punctuation mark. Only from
RATIONALE: this Tribunal’s decisions and rulings do all
The burden cast on the judiciary would other courts, as well as lawyers and
be intolerable if it could not take at face litigants, take their bearings. Ever present
value what is asserted by counsel. The is the danger that if not faithfully and
time that will have to be devoted just to the exactly quoted, the decisions and rulings
task of verification of allegations submitted of this Court may lose their proper and
could easily be imagined. Even with due correct meaning. (Insular Life Employees
recognition then that counsel is expected to Co. v. Insular Life Association, 37 SCRA 1
display the utmost zeal in defense of a (1970))
client’s cause, it must never be at the
expense of deviation from the truth. (Muñoz Rule 10.03 - A lawyer shall observe the
v. People, 53 SCRA 190) rules of procedure and shall not misuse
them to defeat the ends of justice.
A lawyer must be a disciple of truth. He
swore upon his admission to the bar that Related statutory basis: Rule 138, Sec.
he will “do no falsehood nor consent to the 20(d) Duties of attorneys. It is the duty of an
doing of any in court” and he shall “conduct attorney
himself as a lawyer according to the best of (d) to employ, for the purpose of
his knowledge and discretion with all good maintaining the causes confided to him,
fidelity as well to the courts as to his such means only as are consistent with
clients.” (Young v. Batuegas, 403 SCRA 123 truth and honor, and never seek to
(2003)) mislead the judge or any judicial officer
by an artifice or false statement of fact
Though his explanation appears to be a of law.
mere afterthought there is the assumption
of good faith in favor of respondent. Procedural rules are instruments in the
Moreover, judging from the awkwardly- speedy and efficient administration of
worded petition and even his compliance justice. They should not be used to derail
quite indicative of either carelessness or such ends. They should not misuse them,
lack of proficiency in the handling of the as by filing multiple petitions regarding the
English language, it isn’t unreasonable to same cause of action or by deliberately
assume that his deficiency in the mode of misreading the law to seek a reopening of a
expression contributed to the inaccuracy of case long decided. (Agpalo)
Page 22 of 89
CANON 11 - A LAWYER SHALL OBSERVE at the same time a disrespect to the

AND MAINTAIN THE RESPECT DUE TO dignity of the court justice. Moreover, the
THE COURTS AND JUDICIAL OFFICERS use of impassioned language in pleadings,
AND SHOULD INSIST ON SIMILAR more often than not, creates more heat
CONDUCT BY OTHERS. than light. (Buenaseda v. Flavier, 226 SCRA
645 (1993))
Rule 11.01 - A lawyer shall appear in court
Lawyers have the right to expose the
properly attired.
shortcomings and indiscretion of the courts
and judges, but it must be exercised in
Respect begins with the lawyer’s outward properly respectful terms and only through
physical appearance in court. Sloppy or legitimate channels. They cannot resort
informal attire adversely reflects on the to scurrilous remarks that have the
lawyer and demeans the dignity and tendency to degrade the courts and
solemnity of court proceedings. (Agpalo) destroy the public confidence in them.
CHAPTER II. CODE OF

(In re Almacen, 31 SCRA 562)
TRADITIONAL ATTIRES:
Males: Long-sleeve Barong Tagalog or coat The Court does not close itself to comments
and tie and criticisms so long as they are fair
Females: Semi-formal attires. and dignified. Going beyond the limits of
Judges also appear in the same attire in fair comments by using insulting,
addition to black robes. disparaging and, intemperate language
necessitates and warrants a rebuke from
Courts have ordered a male attorney to the Court. While it is expected of lawyers to
wear a necktie and have prohibited a female advocate their client’s cause, they are not at
attorney from wearing a hat. However, the liberty to resort to arrogance, intimidation
permission of a dress whose hemline was and innuendo. (Sangalang v. IAC, 177
five inches above the knee was held to be SCRA 87)
acceptable as such “had become an
accepted mode of dress even in places of
Rule 11.04 - A lawyer shall not attribute to
worship.” (Aguirre)
a Judge motives not supported by the
record or have no materiality to the case.
Rule 11.02 - A lawyer shall punctually
appear at court hearings.
The rule allows such criticism so long as it
is supported by the record or it is material
Inexcusable absence from, or repeated to the case. A lawyer’s right to criticize
tardiness in, attending a pre-trial or the acts of courts and judges in a proper
hearing may subject the lawyer to and respectful way and through
disciplinary action as his actions showing legitimate channels is well recognized.
disrespect to the court make him guilty of The cardinal condition of all such criticism
contemptuous behavior. (Agpalo) is that it shall be bona fide, and shall not
spill over the wall of decency and propriety.
Non-appearance at hearings on the ground (Agpalo)
that the issue to be heard has become moot
and academic [prisoner has been released The court will not hesitate to sanction
in a petition for habeas corpus] is a lapse in persons who recklessly and nonchalantly
judicial propriety. (De Gracia v. Warden of impute ill motives that are nothing but
Makati, G.R. No. L-42032, January 9, 1976) unfounded speculations. Any serious
accusation against a judicial officer that
Rule 11.03 - A lawyer shall abstain from is utterly baseless, unsubstantiated and
scandalous, offensive or menacing language unjustified shall not be countenanced.
or behavior before the courts. (Go v. Abrogar, 485 SCRA 457)
The language of a lawyer, both oral and Rule 11.05 - A lawyer shall submit
written, must be respectful and restrained grievances against a Judge to the proper
in keeping with the dignity of the legal authorities only.
profession and with his behavioral attitude
toward his brethren in the profession. The Statutory basis: 1987 Constitution, Art.
use of abusive language by counsel VIII, Sec. 6. The Supreme Court shall have
against the opposing counsel constitutes
Page 23 of 89
administrative supervision over all courts o The postponement of the pre-trial or

and the personnel thereof. hearing, which would thus entail delay
in the early disposition of the case
The duty to respect does not preclude a o The judge may consider the client non-
lawyer from filing administrative complaints suited or in default
against erring judges, or from acting as o The judge may consider the case
counsel for clients who have legitimate deemed submitted for decision without
grievances against them. client’s evidence, to his prejudice.
(Agpalo)
The lawyer shall not file an administrative
case until he has exhausted judicial Half of the work of the lawyer is done in the
remedies which result in a finding that the office. It is spent in the study and research.
judge has gravely erred. (Agpalo) Inadequate preparation obstructs the
administration of justice. (Martin’s Legal
Where a criminal complaint against a judge Ethics, p. 47, 1988 ed.)
CHAPTER II. CODE OF

or other court employees arises from their
administrative duties, the Ombudsman A newly hired counsel who appears in a
must defer action on said complaint and case in the midstream is presumed and
refer the same to the SC for determination obliged to acquaint himself with all the
whether said judges or court employees antecedent processes and proceedings that
acted within the scope of their have transpired in the record prior to his
administrative duties. Otherwise, in the takeover. (Villasis v. Court of Appeals, 60
absence of any administrative action, SCRA 120)
the investigation being conducted by the
Ombudsman encroaches into the Court’s Rule 12.02 - A lawyer shall not file multiple
power of administrative supervision over actions arising from the same cause.
all courts and its personnel, in violation
of the doctrine of separation of powers. RATIONALE:
(Maceda v. Vasquez, 221 SCRA 464 (1993)) There is an affirmative duty of a lawyer to
check against useless litigations. His
CANON 12 - A LAWYER SHALL EXERT signature in every pleading constitutes a
EVERY EFFORT AND CONSIDER IT HIS certificate by him that to the best of his
DUTY TO ASSIST IN THE SPEEDY AND knowledge there is a good ground to
EFFICIENT ADMINISTRATION OF support it and that it is not to interpose
JUSTICE. for delay. The willful violation of this rule
may subject him to (1) appropriate
Statutory basis: 1987 Constitution, Art. III, disciplinary action or (2) render him liable
Sec 6. All persons shall have the right to a for the costs of litigation. (Agpalo)
speedy disposition of their cases before all
judicial, quasi-judicial, or administrative FORUM SHOPPING
bodies. 1. Going from one court to another in the hope
of securing a favorable relief in one court,
which another court has denied
Rule 138, Sec 20(g). Duties of attorneys. – It
2. Filing repetitious suits or proceeding in
is the duty of an attorney… different courts concerning the same subject
g) not to encourage either the matter after one court has decided the suit
commencement or the continuance of an with finality.
action or proceeding, or delay any man’s 3. Filing a similar case in a judicial court after
cause, from any corrupt motive or interest. receiving an unfavorable judgment from an
administrative tribunal.
Rule 12.01 - A lawyer shall not appear for
Forum shopping is prohibited by Supreme Court
trial unless he has adequately prepared
Circular No. 28-91, which is now integrated in
himself on the law and the facts of his case, the Rules of Civil Procedure.
the evidence he will adduce.
RULES OF COURT, RULE 7, SEC. 5:
Without adequate preparation, the lawyer The plaintiff or principal party shall certify
may not be able to effectively assist the under oath in the complaining or other
court in the efficient administration of initiatory pleading asserting a claim for
justice. Non-observance of this rule might relief, or in a sworn certification annexed
result in:
Page 24 of 89
thereto and simultaneously filed therewith the court but also to the client.
that: (Achacoso v. Court of Appeals, 51 SCRA
424)
1. he has not theretofore commenced any
action or filed any claim involving the Rule 12.04 - A lawyer shall not unduly
same issues in any court, tribunal or delay a case, impede the execution of a
quasi-judicial agency and, to the best of judgment or misuse Court processes.
his knowledge, no such other action or
claim is pending therein; if there is such It is one thing to exert to the utmost one’s
other pending action or claim, a ability to protect the interest of one’s client.
complete statement of the present It is quite another thing to delay if not
status thereof; and defeat the recovery of what is justly due
and demandable due to the misleading
2. if he should thereafter learn that the acts of a lawyer. (Manila Pest Control v.
same or similar action or claim has
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WCC, 25 SCRA 700, 1968)
been filed or is pending, he shall report
that fact within five days there from to A judge should be quick enough to prevent
the court wherein his aforesaid a lawyer from resorting to dilatory tactics
complaint or initiatory pleading has which obstruct the administration of
been filed. justice. (People v. Jardin, 124 SCRA 167)
Failure to comply with the foregoing Rule 12.05 - A lawyer shall refrain from
requirements shall not be curable by mere talking to his witness during a break or
amendment of the complaint or other recess in the trial, while the witness is still
initiatory pleading but shall cause for the under examination.
dismissal of the case without prejudice,
unless otherwise provided, upon motion
RATIONALE:
after hearing.
Purpose is to prevent the suspicion that he
is coaching the witness what to say during
The submission of a false certification or
the resumption of the examination; to
non-compliance with any of the
uphold and maintain fair play with the
undertakings in a certification of no forum
other party and to prevent the examining
shopping -
lawyer from being tempted to coach his own
1) shall constitute indirect contempt of
witness to suit his purpose. (Callanta)
court
2) without prejudice to the corresponding
Rule 12.06 - A lawyer shall not knowingly
administrative and criminal actions
assist a witness to misrepresent himself or
to impersonate another.
If the acts of the party or his counsel clearly
constitute willful and deliberate forum
shopping, the same shall be: CRIMINAL LIABILITY
1) ground for summary dismissal with Art. 184, Revised Penal Code
prejudice; The lawyer who presented a witness
2) and shall constitute direct contempt; knowing him to be a false witness is
3) cause for administrative sanctions criminally liable for “Offering False
Testimony In Evidence”. The lawyer is both
criminally and administratively liable.
Rule 12.03 - A lawyer shall not, after
obtaining extensions of time to file
SUBORNATION OF PERJURY
pleadings, memoranda or briefs, let the
Subornation of perjury is committed by a
period lapse without submitting to the
person who knowingly and willfully
same or offering an explanation for his
procures another to swear falsely and the
failure to do so.
witness subornated does testify under
circumstances rendering him guilty of
The court censures the practice of counsels perjury. (US v. Ballena, 18 Phil. 382)
who secures repeated extensions of time to
file their pleadings and thereafter simply let
Rule 12.07 - A lawyer shall not abuse,
the period lapse without submitting the
browbeat or harass a witness nor
pleading on even an explanation or
needlessly inconvenience him.
manifestation of their failure to do so.
There exists a breach of duty not only to
Page 25 of 89
Related statutory basis: Rule 132, Sec. 3. CANON 13 - A LAWYER SHALL RELY
Rights and obligations of a witness. A UPON THE MERITS OF HIS CAUSE AND
witness must answer questions, although REFRAIN FROM ANY IMPROPRIETY
his answer may tend to establish a claim WHICH TENDS TO INFLUENCE, OR
against him. However, it is the right of a GIVES THE APPEARANCE OF
witness: INFLUENCING THE COURT.
o To be protected from irrelevant, Grievances must be coursed through the

improper, or insulting questions, and proper channels in keeping with the respect
from harsh or insulting demeanor;
due to the Courts as impartial
o Not to be detained longer than the
administrators of justice entitled to proceed
interests of justice require;
to the disposition of its business in an
o Not to be examined except only as to
orderly manner, free from outside
matters pertinent to the issue; interference obstructive of its functions.
Not to give an answer which will tend to
CHAPTER II. CODE OF

o Although the freedom of speech and of
subject him to a penalty for an offense
assembly are fundamental rights
unless otherwise provided by law; or
protected by the Constitution, any
o Not to give an answer which will tend to
attempt to influence the courts through
degrade his reputation, unless it be to the exercise of those rights would not be
the very fact at issue or to a fact from within the ambit of such protection.
which the fact in issue would be (Nestle Phil v. Sanchez, 154 SCRA 542
presumed. But a witness must answer (1987))
to the fact of his previous conviction for
an offense.
Rule 13.01 - A lawyer shall not extend
extraordinary attention or hospitality to,
Rule 12.08 - A lawyer shall avoid testifying nor seek opportunity for cultivating
in behalf of his client, except:
familiarity with Judges.
(a) on formal matters, such as the mailing,
authentication or custody of an
Related statutory basis: Code of
instrument, and the like; or
Professional Ethics, Canon 3. A lawyer
(b) on substantial matters, in cases where
should avoid marked attention and
his testimony is essential to the ends of
unusual hospitality to a judge, uncalled for
justice, in which event he must, during
by the personal relations of the parties,
his testimony, entrust the trial of the
because they subject him and the judge to
case to another counsel.
misconceptions of motives.
RATIONALE:
Report of IBP Committee, p. 70. In order
The underlying reason for the
not to subject both the judge and the
impropriety of a lawyer acting in such
lawyer to suspicion, the common practice
dual capacity lies in the difference
of some lawyers of making judges and
between the function of a witness and prosecutors godfathers of their children
that of an advocate. The function of a
to enhance their influence and their law
witness is to tell the facts as he recalls then
practice should be avoided by judges and
in answer to questions. The function of an
lawyers alike.
advocate is that of a partisan. It is difficult
to distinguish between the zeal of an
It is improper for a litigant or counsel to see
advocate and the fairness and impartiality a judge in chambers and talk to him about
of a disinterested witness (Agpalo)
a matter related to the case pending in the
court of said judge. (Austria v. Masaquel, 20
Canon 19 of the Code of Legal Ethics SCRA 1247)
provides that “when a lawyer is a witness
for his client, except as to merely formal
Rule 13.02 - A lawyer shall not make
matters. Such as the attestation or custody
public statements in the media regarding a
of an instrument and the like, he should
pending case tending to arouse public
leave the trial of the case to other counsel.
opinion for or against a party.
Except when essential to the ends of
justice, a lawyer should avoid testifying in
court in behalf of his client.” (PNB v. Uy RATIONALE:
Teng Piao, 57 Phil 337 (1932)) Newspaper publications regarding a
pending or anticipated litigation may
Page 26 of 89
interfere with a fair trial, prejudice the v. Sandiganbayan, G.R. No. 105938,
administration of justice, or subject a September 20, 1996)
respondent or a accused to a trial by
publicity and create a public inference of Character:
guilt against him (Agpalo)  Strictly personal
 Highly confidential
It is bad enough to have such undue  Fiduciary
publicity when a criminal case is being
investigated by the authorities, even when Creation:
it is being tried in court; but when said  Oral – when without written agreement,
publicity is encouraged when the case is but the conditions and amount of
on appeal and is pending consideration attorney’s fee are agreed upon
by this court, the whole thing becomes  Express – when the terms and
inexcusable, even abhorrent. (Cruz v. Salva, conditions including the amount of fee,
105 Phil 1151 (1951))
CHAPTER II. CODE OF

are explicitly stipulated in a written
document which may be private or
Rule 13.03 - A lawyer shall not brook or public. Written contract is the law
invite interference by another branch or between the lawyer and the client.
agency of the government in the normal  Implied – when there is neither oral nor
course of judicial proceedings. express, but the client allowed the
lawyer to render legal services not
BASIS: intended to be gratuitous without
The principle of separation of powers objection, and the client is benefited
(Aguirre)
Formality is not an essential requirement of
Related rule: Rule 11.05. A lawyer shall the employment of an attorney. The
submit grievances against a Judge to the absence of a written contract will not
proper authorities only. preclude a finding that there is a
professional relationship.
V. Lawyer’s Duties to the Client RETAINER

May refer to two concepts.
Canon 14: Service to the Needy
Canon 15: Observe Candor, Fairness, It may refer to the act of a client by which
engages the services of the attorney to render
Loyalty
legal advice, or
Canon 16: Hold in Trust Client’s Moneys
and Properties to defend or prosecute his cause in court.
Canon 17: Trust and Confidence
Canon 18: Competence and Diligence A general retainer is one the purpose of which is
Canon 19: Representation with Zeal to secure before hand the services of an attorney
Canon 20: Attorney’s Fees for any legal problem that may afterward arise. A
Canon 21: Preserve Client’s Confidence special retainer has reference to a particular
Canon 22: Withdrawal of Services for Good case or service.
Cause Retainer fee
The word “retainer” may also refer to the fee
The nature of lawyer-client relationship is which a client pays to an attorney when the
premised on the Roman Law concepts of: latter is retained known as retaining fee. A
retaining fee is a preliminary fee paid to insure
1) location conduction operarum (contract and secure his future services, to remunerate
of lease and services) where one person him for being deprived, by being retained by one
party, of the opportunity of rendering services to
lends his services and another hires
the other party and of receiving pay from him,
them without reference to the object of and the payment of such fee, in the absence of
which the services are to be performed, an agreement on the contrary, is neither made
wherein lawyers’ services may be nor received in consideration of the services
compensated by honorarium contemplated.
2) mandato (contract of agency) wherein a
friend on whom reliance could be placed It is apart from what the client has agreed to pay
makes a contract in his name, but gives for the services which he has retained him to
up all that he gained by the contract to perform. Its purpose is to prevent undue
hardship on the part of the attorney resulting
the person who requested him. (Regala
Page 27 of 89
from the rigid observance of the rule forbidding Who may be appointed:
him from acting as counsel for the other party 1) a member of the bar in good standing
has been retained by or has given professional 2) in localities without lawyers, any person of
advice to the opposite party. good repute for probity and ability
P.D. 543 (1974) authorized the designation of

CANON 14 - A LAWYER SHALL NOT
municipal judges and lawyers in any branch of
REFUSE HIS SERVICES TO THE NEEDY. the government service to act as counsel de
oficio for the accused who are indigent in places
Rule 14.01 - A lawyer shall not decline to where there are no available practicing lawyers.
represent a person solely on account of the
latter’s race, sex, creed or status of life, or Appointed by court depending on:
o the gravity of the offense
because of his own opinion regarding the
o the difficulty of the questions that may arise
guilt of said person.
o the experience and ability of the appointee.
CHAPTER II. CODE OF

Related rule: Rule 138, Sec. 20 (i), Duties of AMICUS CURIAE
attorneys. A friend of the court;” a “bystander” usually a
counselor who interposes or volunteers
In the defense of a person accused of a information upon some matter of law in regard
crime, by all fair and honorable means, to which the judge is doubtful or mistaken.
(Agpalo)
regardless of his personal opinion as to the
guilt of the accused, to present every Experienced and impartial attorneys invited by
defense that the law permits, to the end the Court to help in the disposition of issues
that no person may be deprived of life, submitted to it.
liberty, or property.
Rule 14.03 - A lawyer may refuse to accept
Rule 14.02 - A lawyer shall not decline, representation of an indigent client if:
except for serious and sufficient cause, an a) he is not in a position to carry out the
appointment as counsel de oficio or as work effectively or competently
amici curiae, or a request from the b) he labors under a conflict of interests
Integrated Bar of the Philippines or any of between him and the prospective client
its chapters for rendition of free legal aid. or between a present client and the
prospective client.
Related rule: Rule 2.01. A lawyer shall not
reject, except for valid reasons, the cause of For he did betray by his moves his lack of
the defenseless or the oppressed. enthusiasm for the task entrusted to him,
to put matters mildly. He did point though
Rule 138, Sec. 20 (h), Duties of attorneys. It to his responsibility as an election
is the duty of an attorney…never to reject, registrar… [but] there is not likely at
for any consideration personal to himself, present, and in the immediate future, an
the cause of the defenseless or oppressed; exorbitant demand on his time. It may
likewise be assumed, considering what has
Rule 138, Sec. 31 Attorney’s for destitute been set forth above, that petitioner would
litigants. A court may assign an attorney to exert himself sufficiently to perform his
render professional aid free of charge to any task as defense counsel with competence, if
party in a case, if upon investigation it not with zeal, if only to erase doubts as to
appears that the party is destitute and his fitness to remain a member of the
unable to employ an attorney, and that the profession in good standing. (Ledesma v.
services of counsel are necessary to secure Climaco, 57 SCRA 473 (1974))
the ends of justice and to protect the rights
of the party. It shall be the duty of the Rule 14.04 - A lawyer who accepts the
attorney so assigned to render the required cause of a person unable to pay his
service, unless he is excused therefrom by professional fees shall observe the same
the court for sufficient cause shown. standard of conduct governing his relations
with paying clients.
COUNSEL DE OFICIO
A counsel, appointed or assigned by the court,
from among such members of the bar in good If a lawyer volunteers his services to a
standing who by reason of their experience and client, and therefore not entitled to
ability, may adequately defend the accused. attorney’s fees, nevertheless, he is
bound to attend to a client’s case with
Page 28 of 89
all due diligence and zeal. By volunteering Exceptions to privilege (Aguirre):

his services, he has established a client- 1) When a lawyer is accused by the client
lawyer relationship. (Blanza v. Arcangel, 21 and he needs to reveal information to
SCRA 1) defend himself
2) When the client discloses the intention
CANON 15 - A LAWYER SHALL OBSERVE to commit a crime or unlawful act.
CANDOR, FAIRNESS AND LOYALTY IN (Future crime)
ALL HIS DEALINGS AND TRANSACTIONS
Doctrine of imputed knowledge is based on
WITH HIS CLIENTS.
the assumption that an attorney, who has
notice of matter affecting his client, has
Rule 15.01 - A lawyer, in conferring with a communicated the same to his principal in
prospective client, shall ascertain as soon the course of professional dealings. The
as practicable whether the matter would doctrine applies regardless of whether or
involve a conflict with another client or his not the lawyer actually communicated to
CHAPTER II. CODE OF

own interest, and if so, shall forthwith the client what he learned in his
inform the prospective client. professional capacity, the attorney and his
client being one judicial person.
Rule 15.02 - A lawyer shall be bound by
the rule on privileged communication in For attorney-client privilege to apply,
respect of matters disclosed to him by a however, the period to be considered is
prospective client. the date when the privileged
communication was made by the client
to the attorney in relation to either a
Related statutory basis: Revised Penal
crime committed in the past or with respect
Code, Art. 209. Betrayal of trust by an
to a crime intended to be committed in the
attorney. or solicitor. - Revelation of Secrets.
future (if past, privilege applies; if future,
In addition to the proper administrative
does not apply). In order that a
action x x x shall be imposed upon an
communication between a lawyer and his
attorney-at-law or solicitor (procurador
client be privileged, it must be for a lawful
judicial) who, by any malicious breach of
purpose or in the furtherance of a lawful
professional duty or of inexcusable
end. (People v. Sandiganbayan, 275 SCRA
negligence or ignorance, shall prejudice his
505 (1996))
client, or reveal any of the secrets of the
latter learned by him in his professional Rule 15.03 - A lawyer shall not represent
capacity. conflicting interests except by written
consent of all concerned given after a full
PRIVILEGED COMMUNICATION - An disclosure of the facts.
attorney cannot, without the consent of his
client, be examined as to any GENERAL RULE 1: A lawyer may not
communication made by the client to him represent two opposing parties at any point
or his advice given thereon in the course of in time.
professional employment; nor can an
attorney’s secretary, stenographer, or clerk A lawyer need not be the counsel-of-record
be examined, without the consent of the of either party. He does not have to publicly
client and his employer, concerning any hold himself as the counsel of the adverse
fact the knowledge of which has been party nor make efforts to advance the
acquired in such capacity. adverse party’s conflicting interests of
record. It is enough that the counsel had
Requisites of Privileged Communication a hand in the preparation of the pleading
(Rule 130, Section 24 (b) of the RRC): of one party.
1) There is an attorney-client relationship
or a kind of consultancy requirement EXCEPTION: When the parties agree, and
with a prospective client; for amicable settlement (Agpalo)
2) The communication was made by the
client to the lawyer in the course of the CONFLICT OF INTEREST
lawyer’s professional employment; There is duty to contend for that which duty to
3) The communication must be intended another client requires him to oppose.
to be confidential.
Tests to determine conflict of interest
1) When there are conflicting duties
Page 29 of 89
2) When the acceptance of the new relations confidences. (Regala v. Sandiganbayan,

invites or actually lead to unfaithfulness or 262 SCRA 122 (1996))
double-dealing to another client
3) When the attorney will be called upon to use Rule 15.04 - A lawyer may, with the
against his first client any knowledge
written consent of all concerned, act as
acquired in the previous employment
mediator, conciliator or arbitrator in
NOTE: The test to determine whether there is a settling disputes.
conflict of interest in the representation is
probability, not certainty of conflict An attorney’s knowledge of the law and his
reputation for fidelity may make it easy for
Effects of representing adverse interests the disputants to settle their differences
1) Disqualification as counsel on new case amicably. However, he shall not act as
2) If prejudicial to interests of latter client, a
counsel for any of them. (Agpalo)
judgment against may be set aside
3) Administrative and criminal (for betrayal of
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trust) liability Rule 15.05 - A lawyer when advising his
4) Fees may not be paid client shall give a candid and honest
opinion on the merits and probable results
GENERAL RULE 2: A lawyer must name the of the client’s case, neither overstating nor
identity of all his clients, when so understanding the prospects of the case.
demanded.
Related statutory basis: Code of
o The Court has a right to know that the Professional Ethics, Canon 8. Before
client whose privileged information is answering his client’s question, a lawyer
sought to be protected is flesh and should endeavor to obtain full knowledge of
blood. his client’s cause. It is only after he shall
o The mantle of privileged communication have studied the case that he should advise
begins to exist only after the attorney- his client on the matter.
client relationship has been established.
The privilege does not attach until there A lawyer is bound to give candid and
is a client. honest opinion on the merit or lack of merit
o The privilege pertains to the subject of client’s case, neither overstating nor
matter of the relationship. understating the prospect of the case. He
o Due process considerations require that should also give an honest opinion as to the
the opposing party should know his probable results of the case, with the end in
adversary. (Metaphor: He cannot be view of promoting respect for the law and
obliged to grope in the dark against the legal processes. (Agpalo)
unknown forces.)
Rule 15.06 - A lawyer shall not state or
EXCEPTION: He may refuse to divulge the imply that he is able to influence any public
name or identity of his client official, tribunal or legislative body.
1) Where a strong probability exists that
revealing the client’s name would This rule protects against influence
implicate the client in the very activity peddling. Some prospective clients secure
for which he sought the lawyer’s advice. the services of a particular lawyer or law
2) Where disclosure would open the client firm precisely because he can exert a lot of
to civil liability. influence on a judge and some lawyers
3) Where the government’s lawyers have exact big fees for such influence (Agpalo)
no case against an attorney’s client
unless by revealing the client’s name, Rule 15.07 - A lawyer shall impress upon
i.e., the said name would furnish the his client compliance with the laws and the
only link that would form the chain of principles of fairness.
testimony necessary to convict an
individual of a crime. Related statutory basis: Civil Code, Art. 19.
Every person must, in the exercise of his
Information relating to the identity of the rights and in the performance of his duties,
client may fall within the ambit of the act with justice, give everyone his due and
privilege when the client’s name itself observe honesty and good faith.
has an independent significance, such
that disclosure would then reveal client
Page 30 of 89
Rule 15.08 - A lawyer who is engaged in [T]he purchase by a lawyer of the

another profession or occupation property in litigation from his client is
concurrently with the practice of law shall categorically prohibited by Article 1491,
make clear to his client whether he is paragraph (5) of the Philippine Civil
acting as a lawyer or in another capacity. Code, and that consequently, plaintiff's
purchase of the property in litigation from
GENERAL RULE: Exercise of dual his client (assuming that his client could
profession is not prohibited but a lawyer sell the same since as already shown above,
must make it clear when he is acting as his client's claim to the property was
a lawyer and when he is otherwise, defeated and rejected) was void and could
especially in occupations related to the produce no legal effect, by virtue of Article
practice of law. Reason: certain ethical 1409, paragraph (7) of our Civil Code which
considerations may be operative in one provides that contracts “expressly
profession and not in the other. (Agpalo) prohibited or declared void by law' are
"inexistent and that “(T)hese contracts
CHAPTER II. CODE OF

A lawyer is not barred from dealing with his cannot be ratified. Neither can the right to
client but the business transaction must be set up the defense of illegality be waived.” x
characterized with utmost honesty and x x Article 1491 of our Civil Code (like
good faith. Business transactions between Article 1459 of the Spanish Civil Code)
an attorney and his client are disfavored prohibits in its six paragraphs certain
and discouraged by policy of law because persons, by reason of the relation of trust
by virtue of a lawyer’s office, he is an easy or their peculiar control over the
position to take advantage of the credulity property… (Rubias v. Batiller, G.R. No. L-
and ignorance of his client. Thus, there is 35702 May 29, 1973)
no presumption of innocence or
improbability of wrongdoing in favor of Art.1491 is not applicable:
lawyers. (Nakpil v. Valdez, 286 SCRA 758 1) When attorney is not counsel in case
(1998)) involving the same property at the time
of acquisition.
2) When purchaser is a corporation, even
CANON 16 - A LAWYER SHALL HOLD IN
if the attorney was an officer (Tuazon v.
TRUST ALL MONEY’S AND PROPERTIES
Tuazon, 88 Phil. 42)
OF HIS CLIENT THAT MAY COME INTO
3) When sale took place after termination
HIS POSSESSION.
of litigation, except if there was fraud or
abuse of confidential information or
Related statutory basis: Civil Code, Art. where lawyer exercised undue
1491. “The following persons cannot influence.
acquire or purchase, even at public or 4) Where property in question is stipulated
judicial auction, either in person or through as part of attorney’s fees, provided that,
the mediation of another the same is contingent upon the
favorable outcome of litigation and,
(5) lawyers, with respect to the property and provided further, that the fee must be
rights which may be the object of any reasonable.
litigation in which they take part by virtue
of their profession.”
Rule 16.01 - A lawyer shall account for all
money or property collected or received for
o Attorney-client relationship
or from the client.
o Property or interest is in litigation
o Attorney takes part as counsel in the
case A lawyer, under his oath, pledges himself
not to delay any man for money or malice
o Purchase, acquisition by attorney, by
and is bound to conduct himself with all
himself or through another, during
good fidelity to his clients. He is obligated
pendency of litigation
to report promptly the money of his
PROHIBITION INCLUDES MORTGAGE OF clients that has come into his possession
(otherwise a violation of Sec. 25, Rule 138
PROPERTY IN LITIGATION to the lawyer. In
of ROC). He should not commingle it
this case, acquisition is merely postponed
without his client’s consent. He should
until foreclosure but effect is the same. It
also includes assignment of property maintain a reputation for honesty and
(Ordonio v. Eduarte, 207 SCRA 229) fidelity to private trust. The fact that a
lawyer has a lien for fees on money in his
Page 31 of 89
hands would not relieve him from the duty 4) attorney has a claim for attorney’s fees or
of promptly accounting for the funds advances
received. (Daroy v. Legaspi (1975)) 5) statement of his claim has been duly
recorded in the case with notice thereof
served upon the client and adverse party
Rule 16.02 - A lawyer shall keep the funds
of each client separate and apart from his
RETAINING CHARGING
own and those of others kept by him.
Nature Passive lien. It Active lien. It
cannot be can be
Rule 16.03 - A lawyer shall deliver the actively enforced by
funds and property to his client when due enforced. It is execution. It is
or upon demand. However, a general lien. a special lien.
o he shall have a lien over the funds and Basis Lawful Securing of a
o may apply so much thereof as may be possession of favorable
necessary to satisfy his lawful fees and funds, papers, money
documents, judgment for
CHAPTER II. CODE OF

disbursements,
property client
o giving notice promptly thereafter to his belonging to
client. He shall also have a lien to the client
same extent on all judgments and Coverage Covers only Covers all
executions he has secured for his client funds, papers, judgments for
as provided for in the Rules of Court. documents, the payment of
and property money and
Related statutory basis: Rule 138, Sec. 37. in the lawful executions
possession of issued in
Attorney’s liens. An attorney shall have a
the attorney pursuance of
lien upon the funds, documents and by reason of such judgment
papers of his client which have lawfully his
come into his possession and may retain professional
the same until his lawful fees and employment
disbursements have been paid, and may Effectivity As soon as the As soon as the
apply such funds to the satisfaction thereof. lawyer gets claim for
possession of attorney’s fees
Money collected by a lawyer in pursuance the funds, had been
of a judgment in favor of his clients is held papers, entered into
documents, the records of
in trust and must be immediately turned
property the case
over to them. (Businos v. Ricafort, 283 SCRA Notice Client need Client and
40 (1997)) not be notified adverse party
to make it need to
CHARGING LIEN effective notified to
An equitable right to have the fees and lawful make it
disbursements due a lawyer for his services, effective
secured to him out of a money judgment. Applicability May be Generally, it is
exercised exercisable
Requisites for validity before only when the
1) attorney-client relationship judgment or attorney had
2) lawful possession by lawyer of the client’s execution, or already
funds, documents and papers in his regardless secured a
professional capacity thereof favorable
3) unsatisfied claim for attorney’s fees or judgment for
disbursements his client
RETAINING LIEN
Rule 16.04 - A lawyer shall not borrow
A right merely to retain the funds, documents
and papers of his client which have lawfully
money from his client unless the client’s
come into his possession and may retain the interests are fully protected by the
same until his lawful fees and disbursements nature of the case or by independent
have been paid. advice. Neither shall a lawyer lend money
to a client except when, in the interest of
Requisites for validity justice, he has to advance necessary
1) attorney-client relationship expenses in a legal matter he is handling
2) attorney has rendered services for the client.
3) money judgment favorable to the client has
been secured in the action
Page 32 of 89
The relation of attorney and client is highly 2) that he will exert his best judgment in
fiduciary in nature and is of a very delicate, the prosecution or defense of the
exacting and confidential character. A litigation entrusted to him;
lawyer is duty-bound to observe candor, 3) that he will exercise reasonable and
fairness and loyalty in all his dealings and ordinary care and diligence in the
transactions with his clients. The pursuit or defense of the case; and
profession, therefore, demands of an 4) that he will take steps as will
attorney an absolute abdication of every adequately safeguard his client’s
personal advantage conflicting in any way, interests. (Islas v. Platon, 47 Phil. 162)
directly or indirectly, with the interest of his
client. (Barnachea v. Quicho, 399 SCRA 1 However well meaning he may be, a lawyer
(2003)) cannot ask another lawyer to collaborate
with him in a particular case without the
CANON 17 - A LAWYER OWES FIDELITY consent of the client. The fiduciary nature
of attorney-client relationship prohibits
CHAPTER II. CODE OF

TO THE CAUSE OF HIS CLIENT AND HE
SHALL BE MINDFUL OF THE TRUST AND this. (Aguirre)
CONFIDENCE REPOSED IN HIM.
Some cases involve specialized fields of law
and require special training. A lawyer
When a lawyer takes a client’s cause, he
thereby covenants that he will exert all should not accept an undertaking in
effort for its protection until its final specific area of law which he knows or
should know he is not qualified to enter.
conclusion. The failure to exercise due
(Agpalo)
diligence and the abandonment of a client’s
cause make such a lawyer unworthy of the
trust which the client has reposed on him. Rule 18.02 - A lawyer shall not handle any
(Cantilller v. Potenciano, 180 SCRA 246 legal matter without adequate preparation.
(1989))
Lawyer should safeguard his client’s rights
No lawyer is obliged to act either as adviser and interests by thorough study and
or advocate for every person who may wish preparation; mastering applicable law and
to become his client. He has the right to facts involved in a case, regardless of the
decline employment, except as prescribed nature of the assignment; and keeping
in Canon 14 of the Code of Professional constantly abreast of the latest
Responsibility. But once he agrees to take jurisprudence and developments in all
up the cause of the client…No fear or branches of the law. (Agpalo)
judicial disfavor or public unpopularity
should restrain him from the full A lawyer should give adequate attention,
discharge of his duty. (Santiago v. Fojas, care and time to his cases. This is the
248 SCRA 68 (1995)) reason why a practicing lawyer should
accept only so many cases he can
handle. Once he agrees to handle a case,
CANON 18 - A LAWYER SHALL SERVE
he should undertake the task with
HIS CLIENT WITH COMPETENCE AND
dedication and care. If he should do any
DILIGENCE.
less then he is not true to his oath as a
lawyer. (Legarda v. CA, G. R. No. 94457,
Rule 18.01 - A lawyer shall not undertake March 18, 1991)
a legal service which he knows or should
know that he is not qualified to render. Rule 18.03 - A lawyer shall not neglect a
However he may render such service if, with legal matter entrusted to him, and his
the consent of his client, he can obtain as negligence in connection therewith shall
collaborating counsel a lawyer who is render him liable.
competent on the matter.
If by reason of the lawyer’s negligence,
When a lawyer accepts a case, whether for actual loss has been caused to his client,
a fee or not, his acceptance is an implied the latter has a cause of action against
representation: him for damages. However, for the lawyer
1) that he possess the requisite degree of to be held liable, his failure to exercise
academic learning, skill and ability in reasonable care, skill and diligence must be
the practice of his profession; proximate cause of the loss. (Callanta)
Page 33 of 89
Lawyers’ Negligence the date of the trial as was agreed upon

GENERAL RULE: Client is bound by (Alcoriza v. Lumakang, Adm. Case No.
attorney’s conduct, negligence and mistake 249, November 21, 1978).
in handling case or in management of o Failure to pay the appellate docket fee
litigation and in procedural technique, and after receiving the amount for the
he cannot be heard to complain that result purpose (Capulong v. Alino, 22 SCRA
might have been different had his lawyer 491).
proceeded differently.
Instances where the client is not bound by
EXCEPTIONS: counsel’s negligence:
1) Where it results in outright deprivation o In the case of an irresponsible lawyer
of client’s liberty or property or where who totally forgot about the case and
interest of justice so requires failed to inform his client of the
2) Where error by counsel is purely decision, the Supreme Court held that
technical which does not affect the client should not be bound by the
CHAPTER II. CODE OF

substantially client’s cause negligence of the counsel. (Republic v.
3) Ignorance, incompetence or Arro, 150 SCRA 630)
inexperience of lawyer is so great and o A party is not bound by the actions of
error so serious that client, who has his counsel in case the gross negligence
good cause is prejudiced and denied a of the counsel resulted in the client’s
day in court deprivation of his property without due
4) Gross negligence of lawyer process (Legarda v. Court of Appeals,
5) Lack of acquaintance with technical 195 SCRA 418).
part of procedure. o “Where there is something fishy and
suspicious about the actuations of the
Examples of negligence of attorneys: former counsel of petitioners in the case
o Failure of counsel to ask for additional at bar, in the case he did not give any
time to answer a complaint resulting in significance at all to the processes of the
a default judgment against his client court, which has proven prejudicial to
(Mapua v. Mendoza, 45 Phil. 424). the rights of said clients, under a lame
o Failure to bring suit immediately. When and flimsy explanation that the courts
the belated suit was filed, the defendant processes just escaped his attention, it
had already become insolvent and is held that the said lawyer deprived his
recovery could no longer be had. The clients of their day in court (PHHC v.
lawyer was declared liable to the client Tiongco, 12 SCRA 471).
(Filinvest Land v. CA, 182 SCRA 664). o Application of the rule, “results in the
o Failure to ascertain date of receipt from outright deprivation of one’s property
post office of notice of decision resulting through a technicality.” (Escudero v.
in the non-perfection of the appellant’s Dulay, 158 SCRA 69, 78)
appeal (Joven-De Jesus v. PNB, 12 SCRA o In the case of an irresponsible lawyer
447). who totally forgot about the case and
o Failure to file briefs within the failed to inform his client of the
reglementary period (People v. Cawili, decision, the Supreme Court held that
34 SCRA 728). the client should not be bound by the
o Failure to attend to trial without filing a negligence of the counsel. (Republic vs.
motion for postponement or without Arro, et al., 150 SCRA 630)
requesting either of his two partners in
the law office to take his place and Rule 18.04 - A lawyer shall keep the client
appear for the defendants (Gaerlan v. informed of the status of his case and shall
Bernal, G.R. No. L-4049, Jan. 28, 1952). respond within a reasonable period of time
Failure to appear at pre-trial (Agravante to the client’s request for information.
v. Patriarca, 183 SCRA 113).
o Failure of counsel to notify clients of the It was unnecessary to have complainants
scheduled trial which prevented the wait, and hope, for six long years on their
latter to look to another lawyer to pension claims. Upon their refusal to co-
represent them while counsel was in the operate, respondent should have
hospital (Ventura v. Santos, 59 Phil. forthwith terminated their professional
123). relationship instead of keeping them
o Failure to appear simply because the hanging indefinitely. (Blanza v. Arcangel,
client did not go to counsel’s office on supra)
Page 34 of 89
As to substantial matter
CANON 19 - A LAWYER SHALL The employment itself confers upon the
REPRESENT HIS CLIENT WITH ZEAL attorney no implied or apparent authority
WITHIN THE BOUNDS OF LAW. to bind the client on substantial matters:
1. the cause of action,
2. the claim or demand sued upon
Rule 19.01 - A lawyer shall employ only
3. the subject matter of the litigation
fair and honest means to attain the lawful
are substantial matters which the attorney
objectives of his client and shall not
may not impair, novate, compromise, settle,
present, participate in presenting or
surrender or destroy without the client’s
threaten to present unfounded criminal
consent or authority.
charges to obtain an improper advantage
As to matters of law
Related statutory basis: Rule 138, Sec. It is the client who yields to the lawyer and
20(d). Duties of attorneys. It is the duty of not the lawyer yielding to the client in
CHAPTER II. CODE OF

an attorney…to employ, for the purpose of matters of law. The basis of this rule is that
maintaining the causes confided to him, the lawyer is better trained and skilled in
such means only as are consistent with law. Proceedings to enforce remedies are
truth and honor, and never seek to mislead within the exclusive control of the attorney.
the judge or any judicial officer by an
artifice or false statement of fact or law. A lawyer should seek instruction from his
client on any substantial matter concerning
Rule 19.02 - A lawyer who has received the litigation, which requires decision on
information that his client has, in the the part of the client (i.e. whether to
course of the representation, perpetuated a compromise the case, or to appeal an
fraud upon a person or tribunal, shall unfavorable judgment). In procedural
promptly call upon the client to rectify the matters, the client must yield to the lawyer.
same, and failing which he shall terminate (Agpalo)
the relationship with such client in
accordance with the Rules of Court.
CANON 20 - A LAWYER SHALL CHARGE
ONLY FAIR AND REASONABLE FEES.
Related rule: Canon 21. A lawyer should
not allow his client to perpetuate fraud.
Related statutory basis: Rule 138, Sec. 24.
However, the lawyer shall not volunteer the
information about the client’s commission Compensation of attorneys. An attorney
of the fraud to anyone for that will run shall be entitled to have and recover from
his client no more than a reasonable
counter to his duty to maintain at all times
compensation for his services, with a
the client’s confidences and secrets.
view to the importance of the subject matter
of the controversy, the extent of the services
This rule merely requires the lawyer to
terminate his relationship with the client in rendered, and the professional standing of
the attorney. No court shall be bound by
the event the latter fails or refuses to rectify
the opinion of attorneys as expert witnesses
the fraud. (Agpalo)
as to the proper compensation, but may
disregard such testimony and base its
Rule 19.03 - A lawyer shall not allow his
conclusion on its own professional
client to dictate the procedure in handling
knowledge. A written contract for services
the case.
shall control the amount to be paid
therefore unless found by the court to be
Related statutory basis: Rule 138, Sec. 23. unconscionable or unreasonable.
Authority of attorneys to bind clients.
Attorneys have authority to bind their RIGHT TO COMPENSATION
clients in any case by any agreement in In the absence of an express contract [for
relation thereto made in writing, and in attorney’s fee], payment of attorney’s fees
taking appeals, and in all matters of may be justified by virtue of the innominate
ordinary judicial procedure. But they contract of facio ut des (I do and you give)
cannot, without special authority, which is based on the principle that “no one
compromise their client's litigation, or shall enrich himself at the expense of
receive anything in discharge of a client's another” (Corpuz v. CA, G.R. No. L-40424,
claim but the full amount in cash. June 30, 1980)
Page 35 of 89
The Counsel if worthy of his hire, is entitled Additionally, the court is not bound by the
to be fully recompensed for his services. opinion of attorney’s as expert witness as to
With his capital consisting solely of his proper compensation and that written contract
brains and his skill, acquired at shall control the amount paid unless found by
tremendous cost not only in money but the court to be unconscionable or reasonable.
in the expenditure of time and energy,
According to jurisprudence, the court may also
he is entitled to the protection of any take into consideration the client’s capacity to
judicial tribunal against any attempt on the pay.
part of a client to escape payment of his
fees. (Albano v. Coloma, 21 SCRA 411 Modes of payment:
(1967)) o A fixed or absolute fee which is payable
regardless of the result of the case
Rule 20.01 - A lawyer shall be guided by o A contingent fee that is conditioned to the
securing of a favorable judgment and
the following factors in determining his
recovery of money or property and the
CHAPTER II. CODE OF

fees: amount of which may be on a percentage
1) Time spent and the extent of the basis
services rendered or required o A fixed fee payable per appearance
2) Importance of the subject matter o A fixed fee computed by the number of
3) Novelty and difficulty of the questions hours spent
involved; o A fixed fee based on a piece of work
4) Skill demanded; o A combination of any of the above stipulated
5) Probability of losing other employment fees.
as a result of acceptance of the
professed case; Compensation to which Lawyer is
6) Professional standing of the lawyer; Entitled Depending on His Capacity
7) Amount involved in the controversy and
the benefits resulting to the client from COUNSEL DE PARTE – He is entitled to a
the service reasonable attorney’s fees agreed upon or
8) Customary charges for similar services in the absence thereof, on quantum meruit
and the schedule of fees of the IBP basis.
Charter to which he belongs; and
9) Contingency or certainty of COUNSEL DE OFICIO – The counsel may
compensation; not demand from the accused attorney’s
10) Character of the employment, whether fees even if he wins the case. He may
occasional or established. however collect from the government funds
if available based on the amount fixed by
ATTORNEY’S FEES
the court.
Ordinary Rule 138, Sec. 32. Compensation for

An attorney’s fee is the reasonable compensation attorneys de oficio. Subject to availability
paid to a lawyer for the legal services he has of funds as may be provided by law the
rendered to a client. The basis of this court may, in its discretion, order an
compensation is the fact of employment by attorney employed as counsel de oficio to be
the client. compensated in such sum as the court may
fix in accordance with section 24 of this
Extraordinary
An attorney’s fee is an indemnity for damages
rule. Whenever such compensation is
ordered by the court to be paid by the losing allowed, it shall not be less than P30 in any
party to the prevailing party in a litigation. The case, nor more than the following amounts:
basis of this is any of the cases authorized by o P50 in light felonies;
law and is payable not to the lawyer but to the o P100 in less grave felonies;
client – unless they have agreed that the award o P200 in grave felonies other than capital
shall pertain to the lawyer as additional offenses;
compensation or as part thereof. (Traders Royal o P500 in capital offenses.
Bank Employees Union-Independent v. NLRC,
G.R. No. 120592, March 14, 1997)
Factors of the value (Rule 138, Sec, 24)
AMICUS CURIAE – not entitled to attorney’s
1) the importance of the subject matter of fees.
controversy; Counsel Cannot Recover Full Amount
2) the extent of the services rendered; and Despite Written Contract
3) the professional standing of the attorney. 1) When the services were not performed,
and the lawyer withdrew before the case
Page 36 of 89
was finished, he will be allowed only c) Novelty and Difficulty of Questions Involved –
reasonable fees When the questions in a case are novel and
2) When there is justified dismissal of an difficult, greater efforts, deeper study and
attorney, the contract will be nullified research, are bound to burn the lawyer’s
and payment will be on quantum time and stamina considering that there are
no local precedents to rely upon.
meruit basis
d) Skill demanded of the Lawyer – The totality
3) When the stipulated fees are of the lawyer’s experience provides him the
unconscionable skill and competence admired in lawyers.
4) When the stipulated fees are in excess
of what is expressly provided by law CHAMPERTOUS CONTRACT
5) When the lawyer is guilty of fraud or One where the lawyer stipulates with his client
bad faith in the manner of his the prosecution of the case that he will bear all
employment the expenses for the recovery of things or
6) When the counsel’s services are property being claimed, and the latter pays only
upon successful litigation. Void for being against
worthless because of negligence
CHAPTER II. CODE OF

public policy.
7) When the contract is contrary to laws,
morals, and good policies CONTINGENT CONTRACT
It is an agreement in which the lawyer’s fee,
The mere fact that an agreement had usually a fixed percentage of what may be
been reached between attorney and recovered in the action, is made to depend
client fixing the amount of the attorney's upon the success in the effort to enforce or
fees, does not insulate such agreement defend the client’s right. It is a valid
from review and modification by the Court agreement. It is different from a champertous
contract in that the lawyer does not undertake
where the fees clearly appear to be
to shoulder the expenses of the litigation.
excessive or unreasonable. (Tanhueco v.
De Dumo, 172 SCRA 760 (1989))
CONTINGENT CHAMPERTOUS
Contingent fee is Payable in kind only
QUANTUM MERUIT payable in cash.
Means “as much as a lawyer deserves”. Its
Lawyers do not Lawyers undertake to
essential requisite is acceptance of the benefits
undertake to pay all pay all expenses of
by one sought to be charged for services
expenses of litigation litigation
rendered under circumstances as reasonably to
Not prohibited Void
notify him that lawyer expects compensation.
Authorized when: Rule 20.02 - A lawyer shall, in case of

o there is no express contract for attorney’s referral, with the consent of the client, be
fees agreed upon between the lawyer and the entitled to a division of fees in proportion to
client; the work performed and responsibility
o when although there is a formal contract of assumed.
attorney’s fees, the stipulated fees are found
unconscionable or unreasonable by the
court; NOTE: This is not in the nature of a
o when the contract for attorney’s fees is void broker’s commission.
due to purely formal matters or defects of
execution; Rule 20.03 - A lawyer shall not, without
o when the counsel, for justifiable cause, was the full knowledge and consent of the
not able to finish the case to its conclusion; client, accept any fee, reward, costs,
o when lawyer and client disregard the
commission, interest, rebate or forwarding
contract of attorney’s fees
o when there is a contract but no stipulation allowances or other compensation
as to attorney’s fees whatsoever related to his professional
employment from any one other than the
Guides in Determining Attorney’s Fees in client.
Quantum Meruit Basis
a) Time spent and Extent of the Services Related statutory basis: Rule 138, sec.
Rendered – A lawyer is justified in fixing 20(e). Duties of attorneys. It is the duty of
higher fees when the case is so complicated
an attorney… to accept no compensation in
and requires more time and efforts to finish
it. connection with his client's business
b) Importance of Subject Matter – The more except from him or with his knowledge
important the subject matter or the bigger and approval.
value of the interest or property in litigation,
the higher is the attorney’s fee. RATIONALE:
Page 37 of 89
This ensures protection of lawyers in not necessarily one of the rights of the
collection of fees. It is also designed to parties, but as to whether the attorney has
secure the lawyer’s wholehearted fidelity to adhered to proper professional standard.
the client’s cause and to prevent that (Hilado v. David, 83 Phil 569 (1949))
situation in which the receipt by him of a
rebate or commission from another in Rule 21.01 - A lawyer shall not reveal the
connection with the client’s cause may confidence or secrets of his client except:
interfere with the full discharge of his duty o When authorized by the client after
to the client. The amount received by acquainting him of the consequences of
lawyer from opposite party or third persons the disclosure;
in the service of his client belongs to the o When required by law; or
client except when the latter has full o When necessary to collect his fees or to
knowledge and approval of lawyer’s taking defend himself, his employees or
(Agpalo) associates or by judicial action.
CHAPTER II. CODE OF

Rule 20.04 - A lawyer shall avoid CONFIDENCE
controversies with clients concerning his Information by the attorney-client privilege .
compensation and shall resort to judicial
action only to prevent imposition, injustice SECRET
or fraud. Other information gained in the professional
relationship that the client has regulated to be
held inviolate or the disclosure of which would
Judicial actions to recover attorney’s fees: be embarrassing or would likely be detrimental
1) file an appropriate motion or petition as to the client.
an incident in the main action where he
rendered legal services; Related statutory basis: Rule 130, Sec. 21
2) file a separate civil action for collection (b), RRC. Without the consent of his client,
of attorney’s fees. an attorney cannot be examined as to any
communication made by the client to him,
Suits to collect fees should be avoided and or his advise given thereon in the course of
only when the circumstances imperatively professional employment, nor can an
require should a lawyer resort to lawsuit to attorney’s secretary, stenographer, or clerk
enforce payment of fees. This is but a he examined, without the consent of the
logical consequence of the legal profession client and his employees, concerning any
not primarily being for economic fact the knowledge of which he has been
compensation. (Agpalo) acquired in such capacity.
An attorney-client relationship can be Code of Professional Ethics, Canon 37.
created by implied agreement, as when the Unless the revelation by a lawyer of his
attorney actually rendered legal services for client’s confidence falls under any of the
a person who is a close friend. The exceptions, the disclosure by a lawyer of his
obligation of such a person to pay client’s confidence or its use to his
attorney’s fees is based on the law of advantage or to the disadvantage of the
contracts’ concept of facio ut des (no one client without the latter’s consent
shall unjustly enrich himself at the expense constitutes breach of trust sufficient to
of others.) (Corpuz v. CA, 98 SCRA 424 warrant imposition of disciplinary sanction
(1980)) against him.
CANON 21 - A LAWYER SHALL Revised Penal Code, Art. 209. Betrayal of

PRESERVE THE CONFIDENCE AND Trust by an Attorney or Solicitor –
SECRETS OF HIS CLIENT EVEN AFTER Revelation of Secrets.
THE ATTORNEY-CLIENT RELATIONSHIP
IS TERMINATED. Related rule: Rule 15.02 on Privileged
Communication.
RATIONALE: Rule 21.02 - A lawyer shall not, to the
Not only to prevent the dishonest disadvantage of his client, use information
practitioner from fraudulent conduct, but acquired in the course of employment, nor
also to protect the honest lawyer from shall he use the same to his advantage or
unfounded suspicion of unprofessional that of a third person, unless the client
practice. It is founded on principles of
public policy, on good taste. The question is
Page 38 of 89
with full knowledge of the circumstances persons because members of a law firm
consents thereto. are considered as one entity. (Agpalo)
If an attorney is accused by his client of Rule 21.06 - A lawyer shall avoid indiscreet
misconduct in the discharge of his duty, he conversation about a client’s affairs even
may disclose the truth in respect to the with members of his family.
accusation, including the client’s
instructions or the nature of the duty which A lawyer must not only preserve the
his client expected him to perform. confidences and secrets of his clients in his
Similarly, if an attorney is charged by a law office but also outside including his
third person in connection with the home. He should avoid committing
performance of his duty to his client, he calculated indiscretion, that is, accidental
may also disclose his client’s confidence revelation of secrets obtained in his
relative thereto. (Callanta, explaining Canon professional employment. Reckless or
CHAPTER II. CODE OF

37 of the CPE) imprudent disclosure of the affairs of his
clients may jeopardize them. Not every
Rule 21.03 - A lawyer shall not, without member of the lawyer’s family has the
the written consent of his client, give proper orientation and training for keeping
information from his files to an outside client’s confidences and secrets. (Agpalo)
agency seeking such information for
auditing, statistical, bookkeeping, Rule 21.07 - A lawyer shall not reveal that
accounting, data processing, or any similar he has been consulted about a particular
purpose. case except to avoid possible conflict of
interests.
RATIONALE:
The work and product of a lawyer, such as This rule clarifies that privilege
his effort, research, and thought, and the communication applies even to
records of his client, contained in his files prospective clients. Moreover, the
are privileged matters. (Agpalo) prohibition applies even if the prospective
client did not thereafter actually engage the
Rule 21.04 - lawyer may disclose the lawyer. (Agpalo)
affairs of a client of the firm to partners or
associates thereof unless prohibited by the Related rule: CPR Rule 15.03. The exception
is when the lawyer will be placed in a situation
client.
of representing conflicting interests if he does
not disclose consultation. Otherwise, if he
NOTE: Disclosure to firm partners or remains silent, he may be violating the rule
associates generally allowed because against representing conflicting interests.
professional employment of a law firm is
equivalent to retainer of members thereof. CANON 22 - A LAWYER MAY WITHDRAW
HIS SERVICES ONLY FOR GOOD CAUSE
In a law firm, partners or associates usually AND UPON NOTICE APPROPRIATE IN
consult one another involving their cases THE CIRCUMSTANCES.
and some work as a team. Consequently, it
cannot be avoided that some information Termination of Attorney-Client Relation
about the case received from the client may 1) Withdrawal of lawyer under Rule 22.01
be disclosed to the partners or associates. 2) Death of the lawyer
3) Disbarment or suspension of the lawyer
Rule 21.05 - A lawyer shall adopt such from the practice of law
measures as may be required to prevent 4) Declaration of presumptive death of
those whose services are utilized by him, lawyer
from disclosing or using confidences or 5) Conviction of a crime and imprisonment
secrets of the client. of lawyer
6) Discharge or dismissal of the lawyer by
Professional employment of a law firm is the client
equivalent to retainer of the members 7) Appointment or election of a lawyer to a
thereof even though only one partner is government position which prohibits
consulted. When one partner tells private practice of law
another about the details of the case, it 8) Death of client
is not considered as disclosure to third 9) Intervening incapacity or incompetence
of the client during pendency of case
Page 39 of 89
10) Full termination of the case

GENERAL RULE: The client has the right to
terminate at any time with or without just
cause.
LIMITATIONS:
 Client cannot deprive counsel of right to
be paid services if dismissal is without
cause
 Client cannot discharge counsel as an
excuse to secure repeated extensions of
time
 Notice of discharge is required for both
court and adverse party
CHAPTER II. CODE OF

Rule 22.01 - A lawyer may withdraw his
services in any of the following case:
o When the client pursues an illegal or
immoral course of conduct in
connection with the matter he is
handling;
o When the client insists that the lawyer
pursue conduct violative of these
canons and rules;
o When his inability to work with co-
counsel will not promote the best
interest of the client;
o When the mental or physical condition
of the lawyer renders it difficult for him
to carry out the employment effectively;
o When the client deliberately fails to pay
the fees for the services or fails to
comply with the retainer agreement;
o When the lawyer is elected or appointed
to public office; and
o Other similar cases.
Rule 22.02 - A lawyer who withdraws or is

discharged shall, subject to a retainer lien,
immediately turn over all papers and
property to which the client is entitled, and
shall cooperate with his successor in the
orderly transfer of the matter, including all
information necessary for the proper
handling of the matter.
Conditions for the Substitution of

Counsel
1) Written request for substitution
2) Written consent of client
3) Written consent of the attorney to be
substituted or in the absence, proof of
service of notice of said motion to the
attorney to be substituted
Page 40 of 89
REVIEWER IN LEGAL ETHICS Chapter III. Discipline of Lawyers
Chapter III. Discipline of Lawyers CONTEMPT OF COURT

It is exercised on preservative and not on
I. LIABILITIES OF LAWYERS vindictive principles and on corrective rather
II. POWER TO DISCIPLINE ERRANT than the retaliatory idea of punishment. It is
LAWYERS criminal in nature.
A. FORMS OF DISCIPLINARY MEASURES The power to punish for contempt is inherent in
B. SUSPENSION AND DISBARMENT all courts. It is essential in the observance of
C. PROCEDURE FOR order in judicial proceedings and to enforce
SUSPENSION/DISBARMENT OF judgment, orders and writs.
ATTORNEYS BY THE IBP
D. PROCEDURE FOR Kinds of Contempt
SUSPENSION/DISBARMENT OF Direct Contempt
ATTORNEYS BY THE SUPREME COURT Consists of misbehavior in the presence of or
MOTU PROPRIO near a court or judge as to interrupt or obstruct
E. IMPOSITION OF PENALTIES IN THE the proceedings before the court or the
SUPREME COURT administration of justice.
III. MODIFYING CIRCUMSTANCES
A. MITIGATING CIRCUMSTANCES Indirect or Constructive Contempt
B. AGGRAVATING CIRCUMSTANCES One committed away from the court involving
C. EFFECT OF EXECUTIVE PARDON disobedience of or resistance to a lawful writ,
IV. REINSTATEMENT process, order, judgment or command of the
court, tending to belittle, degrade, obstruct,
interrupt or embarrass the court.
I. Liabilities of Lawyers
Civil contempt
CIVIL LIABILITY Failure to do something ordered by the court
 Client is prejudiced by lawyer’s which is for the benefit of the party.
negligence and misconduct.
Criminal contempt
CHAPTER III. DISCIPLINE

 Breach of fiduciary obligation
Consists of any conduct directed against the
 Civil liability to third persons authority or dignity of the court.
OF LAWYERS
 Libelous words in pleadings; violation of
communication privilege Acts of a Lawyer Constituting Contempt
 Liability for costs of suit (treble costs) –
when lawyer is made liable for insisting o Misbehavior as officer of court
on client’s patently unmeritorious case o Disobedience or resistance to court order
o Abuse or interference with judicial
or interposing appeal merely to delay
proceedings
litigation o Obstruction in administration of justice
o Misleading courts
CRIMINAL LIABILITY o Making false allegations, criticisms, insults,
 Prejudicing client through malicious veiled threats against the courts
breach of professional duty o Aiding in unauthorized practice of law
 Revealing client secrets (suspended or disbarred)
 Representing adverse interests o Unlawful retention of client’s funds
o Advise client to commit contemptuous acts
 Introducing false evidence
 Misappropriating client’s funds (estafa)
 Libel except if statements are connected
with the relevant, pertinent, and II. Power to Discipline Errant Lawyers
material to the cause in hand or the
subject of the inquiry Statutory Basis
Rule 138, Sec. 27. The Supreme Court has
COSTS OF SUIT the full authority and power to (WARDS)
GENERAL RULE: Losing client and not the WARN
lawyer is liable for costs, since the lawyer is ADMONISH
not a party-litigant REPRIMAND
SUSPEND and
EXCEPTION: When the lawyer insisted on DISBAR a lawyer
client’s patently unmeritorious case the
court may adjudge lawyer to pay treble Rule 139-B, Sec. 16. The Court of Appeals
costs of suit and the Regional Trial Courts are also
empowered to
WARN
ADMONISH
Page 41 of 89
REPRIMAND and o Can be initiated by the SC, motu proprio, or

SUSPEND an attorney by the IBP. It can be initiated without a
who appears before them from the practice complaint.
of law for any of the causes mentioned in o Can proceed regardless of interest of the
complainants
Rule 138, Sec. 27.
o Imprescriptible
o It is itself due process of law
A. Forms of Disciplinary Measures
Objectives of Suspension and Disbarment:
1) Warning – an act or fact of putting one o To compel the attorney to deal fairly and
on his guard against an impending danger, honestly with his clients;
evil consequences or penalties. o To remove from the profession a person
whose misconduct has proved him unfit to
2) Admonition – a gentle or friendly reproof, be entrusted with the duties and
mild rebuke, warning or reminder, responsibilities belonging to the office of an
counseling, on a fault, error or oversight; an attorney;
expression of authoritative advice. o To punish the lawyer;
o To set an example or warning for the other
3) Reprimand – a public and formal censure members of the bar;
or severe reproof, administered to a person o To safeguard the administration of justice
in fault by his superior officer or a body to from dishonest and incompetent lawyers;
which he belongs. o To protect the public;
4) Suspension – a temporary withholding of Grounds for Disbarment:

a lawyer’s right to practice his profession as 1) Deceit
2) Malpractice, or other gross misconduct in
a lawyer for a certain period or for an
office –any malfeasance or dereliction of duty
indefinite period of time. committed by a lawyer
a. Definite 3) Grossly immoral conduct

b. Indefinite – qualified disbarment; 4) Conviction of a crime involving moral
lawyer determines for himself for how turpitude
OF LAWYERS
long or how short his suspension shall 5) Violation of oath of office
last by proving to court that he is once 6) Willful disobedience of any lawful order of a
again fit to resume practice of law. superior court
7) Corruptly or willfully appearing as an
5) Censure – official reprimand. attorney for a party to case without an
authority to do so
6) Disbarment– It is the act of the
Philippine Supreme Court in withdrawing Officers Authorized to Investigate Disbarment
from an attorney the right to practice law. Cases:
The name of the lawyer is stricken out from  Supreme Court
the roll of attorneys.  IBP through its Commission on Bar
Discipline or authorized investigators
 Office of the Solicitor General
B. Suspension and Disbarment
The statutory enumeration of the grounds
SUSPENSION AND DISBARMENT
Disciplinary proceedings against lawyers are sui for disbarment or suspension is not to be
generis: neither purely civil nor purely criminal. taken as a limitation on the general power
It is not—and does not involve—a trial of an of courts to suspend or disbar a lawyer.
action or a suit, but is rather an investigation by The inherent power of the court over its
the Court in the conduct of its officers. Not being officers cannot be restricted. (Quingwa v.
intended to inflict punishment, it is no sense a Puno, Admin. Case No. 398, Feb. 28, 1967)
criminal prosecution. Accordingly, there is
neither a plaintiff nor a prosecutor. x x x Public Disbarment should not be decreed where
interest is its primary objective, and the real
any punishment less severe such as
question for determination is whether or not the
attorney is still a fit person to be allowed the reprimand, suspension or fine would
privileges as such. (In Re: Almacen, supra) accomplish the end desired. (Amaya v.
Tecson, 450 SCRA 510)
Nature of Proceedings:
o Neither a civil action nor a criminal In disbarment proceedings, the burden of
proceeding; proof is upon the complainant and this
o Sui generis, it is a class of its own since it is court will exercise its disciplinary power
neither civil nor criminal Confidential in only if the complainant establishes his case
nature
by clear, convincing and satisfactory
o Defense of double jeopardy is not available
Page 42 of 89
evidence. (Aquino v. Mangaoang, 425 SCRA D. Procedure for Suspension or

572) Disbarment of Attorneys (Rule 139-B)
by the Supreme Court Motu Propio
C. Procedure for
Suspension/Disbarment of Attorneys Supreme Court shall refer the case to an
by the IBP investigator
IBP VERIFIED
Motu COMPLAINT TO THE
Propio IBP
POSSIBLE INVESTIGATORS:
Complaint must be:
Solicitor General
 In writing
Any Officer of the SC
 Stating facts Any judge of a lower court
complained of
Shall notify the Respondent
Shall appoint an investigator and notify

Respondent must answer (within 15 days)
respondent within two days from receipt
INVESTIGATION
RESPONDENT’S ANSWER: (3 months)
Within 15 days from notice

OF LAWYERS
INVESTIGATION REPORT to be submitted not later than
1) Investigator may issue subpoenas 30 days from investigation’s termination.
2) Provide respondent with opportunity
to be heard. REPORT MUST CONTAIN
3) May proceed with investigation ex Findings of facts
parte should respondent be unable to Recommendations
comply.
SUPREME COURT FOR JUDGMENT

REPORT
Submitted not later than 30 days from E. Imposition of Penalties in the
termination of investigation. Contains: Supreme Court
1) Findings of facts
2) Recommendation By division – one year or less
Disbar Suspension
En banc – more than one year
Suspend Fine Division – P10,000 or less
Dismiss En banc – more than P10,000
In case of two or more suspensions: Service

will be successive, not simultaneous.
SUPREME COURT FOR JUDGMENT
Page 43 of 89
III.Modifying Circumstances rules on the admission of applicants to the

practice of law.
Extent of disciplinary action depends on
attendance of mitigating or aggravating In order that there is reinstatement, the
circumstance. following must be taken into consideration:
o the applicant’s character and standing prior
A. Mitigating Circumstances to disbarment;
o Good Faith in the acquisition of a o the nature or character of the misconduct
property of the client subject of the for which he is disbarred;
litigation (In Re: Ruste, 70 Phil 243) o his conduct subsequent to disbarment (Cui
o Inexperience of a lawyer v. Cui, 11 SCRA 755)
o Age o including his efficient government service (In
o Apology Re: Adriatico, 17 Phil 324)
o Lack of Intention to slight or offend the o the time that has elapsed between
court disbarment and the application for
B. Aggravating Circumstances reinstatement and the circumstances that
he has been sufficiently punished and
o Abuse of authority or of attorney-client
disciplined (Prudential Bank v. Benjamin
relationship
Grecia, 192 SCRA 381)
o sexual intercourse with a relative
o applicant’s appreciation of significance of his
o charge of gross immorality
dereliction and his assurance that he now
o Previous dismissal as member of the bar
possesses the requisite probity and integrity;
C. Effect of Executive Pardon o favorable endorsement of the IBP, pleas of
his loved ones (Yap Tan v. Sabandal, 170
1. Conditional SCRA 207)
The disbarment case will not be dismissed
The court may require applicant for
on the basis thereof.
reinstatement to enroll in and pass the
2. Absolute, before conviction required fourth year review classes in a

The disbarment case will be dismissed. recognized law school. (Cui v. Cui, supra; In
Absolute pardon by the President may wipe Re: Rusiana, 56 SCRA 240)
OF LAWYERS
out conviction as well as offense itself and
A PREVIOUSLY DISBARRED LAWYER who
the grant thereof in favor of a lawyer is a
is given absolute pardon by the President is
bar to a proceeding for disbarment against
not automatically reinstated, he must still
him based solely on commission of such
file a petition for reinstatement with the SC.
offense.
Condition for Reinstatement:
The reason is that the respondent lawyer, A lawyer who has been suspended or
after the absolute pardon, is as guiltless disbarred may be reinstated when the SC is
and innocent as if he never committed the convinced that he has already possessed
offense at all. the requisites of probity and integrity
3. Absolute, after conviction necessary to guarantee his worth to
If absolute pardon is given to lawyer after practice his possession.
being disbarred for conviction of a crime, it To be reinstated to the practice of law, it is
does not automatically entitle him to necessary that the respondent must like
reinstatement to the bar. It must be any other candidate for admission to the
shown by evidence aside from absolute bar, satisfy the Court that he is a person of
pardon that he is now a person of good good moral character and a fit and proper
moral character and fit and proper person person to practice law. (In re: Rovero, 101
to practice law. In case of a conditional SCRA 803)
pardon, there will be a remission of
unexpired period of sentence. Effects of Reinstatement:
1) Recognition of moral rehabilitation and
mental fitness to practice law;
IV. Reinstatement 2) Lawyer shall be subject to same law, rules
and regulations as those applicable to any
It is the restoration in disbarment other lawyer;
proceedings to a disbarred lawyer the 3) Lawyer must comply with the conditions
privilege to practice law. imposed on his readmission.
Statutory basis: 1987 Constitution, Art. NOTE: Good moral character is not only a
VIII, Sec. 5(5). The power of the Supreme condition precedent to admission to the practice
Court to reinstate is based on its of law but is a continuing requirement.
constitutional prerogative to promulgate
Page 44 of 89
REVIEWER IN LEGAL ETHICS Chapter IV. Code of Judicial Conduct
Chapter IV. Code of Judicial NEW CODE OF JUDICIAL CONDUCT

Conduct (Bangalore Draft)
I. CANON 1: INDEPENDENCE Independence

II. CANON 2: INTEGRITY Integrity
III. CANON 3: IMPARTIALITY Impartiality
IV. CANON 4: PROPRIETY Propriety
V. CANON 5: EQUALITY Equality
VI. CANON 6: COMPETENCE AND DILIGENCE Competence and Diligence
JUDICIAL ETHICS
Branch of moral science which treats of the right
I. Independence
and proper conduct to be observed by all judges
and magistrates in trying and deciding
controversies brought to them for adjudication CANON 1 – JUDICIAL INDEPENDENCE IS
which conduct must be demonstrative of A PRE-REQUISITE TO THE RULE OF LAW
impartiality, integrity, competence, AND A FUNDAMENTAL GUARANTEE OF A
independence and freedom from improprieties. FAIR TRIAL. A JUDGE SHALL
THEREFORE UPHOLD AND EXEMPLIFY
JUDGE
JUDICIAL INDEPENDENCE IN BOTH ITS
A public officer who, by virtue of his office, is
clothed with judicial authority, a public officer INDIVIDUAL AND INSTITUTIONAL
lawfully appointed to decide litigated questions ASPECTS.
in accordance with law.
Sec. 1. Judges shall exercise the judicial
DE JURE JUDGE function independently on the basis of their
One who is exercising the office of judge as a
assessment of the facts and in accordance
matter of right; an officer of a court who has
been duly and legally appointed, qualified and with a conscientious understanding of the
whose term has not expired. law, free of any extraneous influence,
inducement, pressure, threat or
DE FACTO JUDGE interference, direct or indirect, from any
An officer who is not fully invested with all the quarter or for any reason.
powers and duties conceded to judges, but is
exercising the office of a judge under some color A judge found defendants guilty beyond
of right.
reasonable doubt of the crime of Rape with
Homicide. However, he sentenced the
Qualifications of SC members: accused with reclusion perpetua instead of
1. Natural born citizen the death, as unequivocally required by RA
2. At least 40 years of age 7659. A court of law is no place for a
3. Must have been for at least 15 years a protracted debate on the morality or
CHAPTER IV. CODE OF

judge of a lower court or engaged in the propriety of the sentence, where the law
JUDICIAL CONDUCT
practice of law (Sec. 7 (1), Art. VIII, 1987 itself provides for the sentence of death
Constitution) as a penalty in specific and well-defined
instances. (People v. Veneracion, 249
Qualifications of RTC judges: SCRA 244 (1995))
1. Natural-born citizen
2. At least 35 years of age Mass media has its duty to fearlessly but
3. For at least 10 years has been engaged faithfully inform the public about events
in the practice of law in the Philippines and persons. However, when a case has
or has held public office requiring received wide and sensational publicity,
admission to the practice of law as an the trial court should be doubly careful
indispensable requisite not only to be fair and impartial but also
to give the appearance of complete
Qualifications of MTC judges: objectivity in its handling of the case. (Go
1. Natural-born citizen of the Philippines; v. Court of Appeals, 206 SCRA 165)
2. At least 30 years of age;
3. For at least five years has been engaged
Sec. 2. In performing judicial duties,
in the practice of law in the Philippines
Judges shall be independent from judicial
or has held public office requiring
colleagues in respect of decisions which the
admission to the practice of law as an
judge is obliged to make independently.
indispensable requisite.
Page 45 of 89
The discretion of the Court to grant bail should have immediately slammed the
must be based on the Court’s phone on his brother. Certainly, such
determination as to whether or not the boorish behavior is not required. However,
evidence of guilt is strong. as soon as Justice Sabio realized that his
brother intended to discuss a case pending
This discretion may be exercised only after before him or in his division, Justice Sabio
the evidence has been submitted at the should have respectfully but firmly ended
summary hearing conducted pursuant to the discussion….That Justice Sabio did not
Sec. 7 of Rule 114 of the Rules. do as his brother asked is of no moment.
Respondent’s admission that he granted Section 5, Canon 1 of the Code of Judicial
bail to an accused upon the request of a Conduct maintains such a high bar of
Congressman, despite his belief that the ethical conduct that actual influence is
evidence of guilt against said is strong, is not a prerequisite before a violation is
indeed reprehensible. (Tahil v. Eisma, 64 deemed committed. If a magistrate's
SCRA 378 (1975)) actions allow even just the appearance of
being influenced, it is deemed a violation.
Sec. 3. Judges shall refrain from (Re: Letter of Presiding Justice Conrado M.
influencing in any manner the outcome of Vasquez, Jr. A.M. No. 08-8-11-CA)
litigation or dispute pending before another
court or administrative agency. Sec. 6. Judges shall be independent in
relation to society in general and in relation
Sec. 4. Judges shall not allow family, social, to the particular parties to a dispute which
or other relationships to influence judicial he or she has to adjudicate.
conduct or judgment. The prestige of
judicial office shall not be used or lent to [Respondent’s] act of sending a member of
advance the private interests of others, his staff to talk with complainant and show
nor convey or permit others to convey the copies of his draft decisions, and his act of
impression that they are in a special meeting with litigants outside the office
position to influence the judge. premises beyond office hours violate the
standard of judicial conduct required to be
Constant company with a lawyer tends to observed by members of the Bench. (Tan v.
breed intimacy and camaraderie to the Rosete, A.M. No. MTJ-04-1563, September 8,
point that favors in the future may be 2004)
asked from respondent judge which he may
find hard to resist. The actuation of Sec. 7. Judges shall encourage and uphold
respondent Judge of eating and drinking in safeguards for the discharge of judicial
public places with a lawyer who has duties in order to maintain and enhance
pending cases in his sala may well arouse the institutional and operational
suspicion in the public mind, thus tending independence of the judiciary.
CHAPTER IV. CODE OF

JUDICIAL CONDUCT
to erode the trust of the litigants in the
impartiality of the judge. (Padilla v. Zantua, Sec. 8. Judges shall exhibit and promote
237 SCRA 670 (1994)) high standards of judicial conduct in order
to reinforce public confidence in the
Sec. 5. Judges shall not only be free from judiciary which is fundamental to the
inappropriate connections with, and maintenance of judicial independence.
influence by, the executive and legislative
branches of government, but must also [A judge] should always be imbued with a
appear to be free therefrom to a reasonable high sense of duty and responsibility in the
observer. discharge of his obligation to promptly and
properly administer justice. He must view
While it is true that Justice Sabio could not himself as a priest for the administration
have possibly known prior to his brother's of justice is akin to a religious crusade.
call that his brother intended to speak to (Dimatulac et al v. Villon, 297 SCRA 679)
him about the Meralco-GSIS case, the fact
remains that Justice Sabio continued to
entertain a call from his brother, who also
happens to be an officer of the executive
branch, despite realizing that the
conversation was going to involve a pending
case. Justice Sabio asks the Court if he
Page 46 of 89
II. Integrity
Ignorance of the law is a mark of
CANON 2 – INTEGRITY IS ESSENTIAL incompetence
NOT ONLY TO THE PROPER DISCHARGE When the inefficiency springs from a failure
OF THE JUDICIAL OFFICE BUT ALSO TO to consider so basic and elemental a rule, a
THE PERSONAL DEMEANOR OF law or principle in the discharge of his
JUDGES. duties, a judge is either too incompetent
and undeserving of the position and title he
holds, or he is too vicious that the
Sec. 1. Judges shall ensure that not only is oversight or omission was deliberately done
their conduct above reproach, but that it is in bad faith and in grave abuse of judicial
perceived to be so in the view of a authority. In both instances, the judge's
reasonable observer. dismissal is in order. (Macalintal v. Teh,
280 SCRA 623)
Respondent judge was also at fault for his
shortness of temper and impatience, Sec. 3. Judges should take or initiate
contrary to the duties and restriction appropriate disciplinary measures against
imposed upon him by reason of his office. lawyers or court personnel for
He failed to observe the proper decorum unprofessional conduct of which the judge
expected of judicial officers. Judicial may have become aware.
officers are given contempt powers so
that they can remind counsels of their
duties in court without being arbitrary,
unreasonable or unjust. Respondent
III.Impartiality
should have cited the complainant in
contempt of court instead of throwing CANON 3 – IMPARTIALITY IS ESSENTIAL
tantrums by banging his gavel loudly and TO THE PROPER DISCHARGE OF THE
unceremoniously walking out of the JUDICIAL OFFICE. IT APPLIES NOT
courtroom. ONLY TO THE DECISION ITSELF BUT
ALSO TO THE PROCESS BY WHICH THE
Although respondent had a valid DECISION IS MADE.
explanation for carrying a gun, his act of
carrying it in plain view of the lawyers Sec. 1. Judges shall perform their judicial
(including the complainant) and duties without favor, bias or prejudice.
considering what just happened, cannot be
taken as an innocent gesture. It was To sustain a claim of bias or prejudice, the
calculated to instill fear and intimidate the resulting opinion must be based upon an
complainant. Respondent's behavior extrajudicial source: that is, some
constitutes grave misconduct. A judge's influence other than the facts and law
CHAPTER IV. CODE OF

conduct should be free from the presented in the courtroom. In the United
JUDICIAL CONDUCT
appearance of impropriety not only in his States, this is known as the Extra-
official duties but in his everyday life. One Judicial Source Rule.
who lives by the precept that “might is
right” is unworthy to be a judicial officer. Sec. 2. Judges shall ensure that his or her
(Romero v. Valle (1987)) conduct, both in and out of court,
maintains and enhances the confidence of
Sec. 2. The behavior and conduct of judges the public, the legal profession and litigants
must reaffirm the people's faith in the in the impartiality of the judge and of the
integrity of the judiciary. Justice must not judiciary.
merely be done but must also be seen to be
done. In disposing of a criminal case, a judge
should avoid appearing like an advocate for
A judge must be free of a whiff of either party. It is also improper for the
impropriety not only with respect to his judge to push actively for amicable
performance of his judicial duties, but also settlement against the wishes of the
to his behavior outside his sala and as a complainant. A judge’s unwelcome
private individual. There is no dichotomy persistence makes the judge vulnerable to
of morality: a public official is also suspicions of favoritism.
judged by his private morals. (Castillo v.
Calanog (1991))
Page 47 of 89
Sec. 3. Judges shall, so far as is o The judge previously served as a lawyer

reasonable, so conduct themselves as to or was a material witness in the matter
minimize the occasions on which it will be in controversy;
necessary for them to be disqualified from o The judge, or a member of his or her
hearing or deciding cases. family, has an economic interest in the
outcome of the matter in controversy;
The majority view is that the rule of o The judge served as executor,
disqualification of judges must yield to administrator, guardian, trustee or
demands of necessity. Simply stated, the lawyer in the case or matter in
rule of necessity means that a judge is not controversy, or a former associate of the
disqualified to sit in a case if there is no judge served as counsel during their
other judge available to hear and decide the association, or the judge or lawyer was
case. For example, members of the a material witness therein;
Supreme Court were entitled to adjudicate o The judge's ruling in a lower court is the
the validity of a statue placing a limit of 5 subject of review;
percent in the costs of living increase for o The judge is related by consanguinity or
judges, where it was apparent that all state affinity to a party litigant within the
judges had at least an involuntarily sixth civil degree or to counsel within
financial interest in the case… Actual the fourth civil degree; or
disqualification of a member of a court of o The judge knows that his or her spouse
last resort will not excuse the member from or child has a financial interest, as heir,
performing his official duty if failure to do legatee, creditor, fiduciary, or otherwise,
so would result in a denial of a litigant's in the subject matter in controversy or
constitutional right to have a question, in a party to the proceeding, or any
properly presented the court, adjudicated. other interest that could be
In other words, when all judges would be substantially affected by the outcome of
disqualified, disqualification will not be the proceedings
permitted to destroy the only tribunal with
power in the premises. The doctrine GROUNDS FOR DISQUALIFICATION AND
operates on the principle that a basic INHIBITION OF JUDGES UNDER THE
judge is better than no judge at all. RULES OF COURT
Under such circumstances, it is the duty of
the disqualified judge to hear and decide Mandatory or Compulsory
the controversy, however disagreeable it Disqualification (Rule 131, ROC)
may be. (Parayno v. Meneses, 231 SCRA 1) He or his wife or his child is pecuniarily
807) interested as heir, legatee, creditor or
otherwise;
Sec. 4. Judges shall not knowingly, while a 2) Relation to either party within the sixth
proceeding is before, or could come before, degree of consanguinity or affinity or to
CHAPTER IV. CODE OF

JUDICIAL CONDUCT
them make any comment that might counsel within the 4th civil degree
reasonably be expected to affect the 3) When he has been an executor,
outcome of such proceeding or impair the guardian, administrator, trustee or
manifest fairness of the process. Nor shall counsel;
judges make any comment in public or 4) When he has presided in an inferior
otherwise that might affect the fair trial of court where his ruling or decision is
any person or issue. subject to review.
Sec. 5. Judges shall disqualify themselves Voluntary Inhibition

from participating in any proceedings in A judge may, in the exercise of his sound
which they are unable to decide the matter discretion disqualify himself, for just and
impartially or in which it may appear to a valid reasons other than those mentioned
reasonable observer that they are unable to above. (Rule 137, Section 1)
decide the matter impartially. Such
proceedings include, but are not limited to, This leaves the discretion to the judge to
instances where: decide for himself questions as to whether
he will desist from sitting in case for other
o The judge has actual bias or prejudice just and valid reasons with only his
concerning a party or personal conscience to guide him, unless he cannot
knowledge of disputed evidentiary facts discern for himself his inability to meet the
concerning the proceedings; test of the cold neutrality required of him,
Page 48 of 89
in which event the appellate court will see IV. Propriety

to it that he disqualifies himself.
CANON 4 – PROPRIETY AND THE
A decision to disqualify himself is not APPEARANCE OF PROPRIETY ARE
conclusive and his competency may be ESSENTIAL TO THE PERFORMANCE OF
determined on application for mandamus to ALL THE ACTIVITIES OF A. JUDGE.
compel him to act. Judge’s decision to
continue hearing a case in which he is not
legally prohibited from trying Sec. 1. Judges shall avoid impropriety and
notwithstanding challenge to his objectivity the appearance of impropriety in all of their
may not constitute reversible error. activities.
The filing of an administrative case against Whatever the motive may have been, the
a judge does not disqualify him from violent action of the respondent in a public
hearing a case. The court has to be shown place constitutes serious misconduct and
other than the filing of administrative the resultant outrage of the community
complaint, act or conduct of judge (Arban v. Borja (1989))
indicative of arbitrariness or prejudice
before the latter being branded as the It was highly improper for a judge to have
stigma of being biased or partial. (Lorenzo wielded a high-powered firearm in public
v. Marquez (1988)) and besieged the house of a perceived
defamer of character and honor in warlike
DISQUALIFICATION INHIBITION fashion and berated the object of his ire,
Basis Specific and exclusive No specific with his firearm aimed at the victim
grounds BUT (Saburnido v. Madrono)
there is a
broad basis Sec. 2. As a subject of constant public
for such, i.e., scrutiny, judges must accept personal
good, sound
restrictions that might be viewed as
ethical
grounds burdensome by the ordinary citizen and
Role of Judicial officer has The matter is should do so freely and willingly. In
the no discretion to sit or left to the particular, judges shall conduct themselves
judicial try the case sound in a way that is consistent with the dignity
officer discretion of of the judicial office.
the judge
Sec. 3. Judges shall, in their personal
Sec. 6. A judge disqualified as stated above relations with individual members of the
may, instead of withdrawing from the legal profession who practice regularly in
proceeding, disclose on the records the their court, avoid situations which might
CHAPTER IV. CODE OF

basis of disqualification. If, based on such
JUDICIAL CONDUCT
reasonably give rise to the suspicion or
disclosure, the parties and lawyers appearance of favoritism or partiality.
independently of the judge's participation,
all agree in writing that the reason for the Sec. 4. Judges shall not participate in the
inhibition is immaterial or unsubstantial, determination of a case in which any
the judge may then participate in the member of their family represents a litigant
proceeding. The agreement, signed by all or is associated in any manner with the
parties and lawyers, shall be incorporated case.
in the record of the proceedings.
This rule rests on the principle that no
Rules followed by the American Bar judge should preside in a case in which the
Association: judge is not wholly free, disinterested,
o Each step must be strictly followed. Any impartial and independent. A judge has
deviation renders the waiver invalid. For both the duty of rendering a just decision
example, the judge must affirmatively and the duty of doing it in a manner
disclose facts that might be grounds for completely free from suspicion as to
disqualification. fairness and integrity. The purpose is to
o In some jurisdictions, the judge must preserve the people’s faith and confidence
obtain a waiver from both lawyers and in the courts of justice. (PhilJa)
parties. Waivers by lawyers alone will
not suffice.
Page 49 of 89
Sec. 5. Judges shall not allow the use of o Appear at a public hearing before an
their residence by a member of the legal official body concerned with matters
profession to receive clients of the latter or relating to the law, the legal system, the
of other members of the legal profession. administration of justice or related
matters;
While judges are not expected to live a o Engage in other activities if such
hermit-like existence or cease functioning activities do not detract from the
as citizens of the Republic, they should dignity of the judicial office or
remember that they do not disrobe otherwise interfere with the
themselves of their judicial office upon performance of judicial duties.
leaving their salas. In the exercise of their
civil liberties, they should be circumspect Sec. 11. Judges shall not practice law
and ever mindful that their continuing whilst the holder of judicial office.
commitment to upholding the judiciary and
its values places upon them certain implied Sec. 12. Judges may form or join
restraints to their freedom. (Sison v. associations of judges or participate in
Caoibes, Jr. A.M. No. RTJ-03-1771, May 27 other organizations representing the
2004) interests of judges.
Sec. 6. Judges, like any other citizen, are This rule also recognizes the difference
entitled to freedom of expression, belief, between membership in associations of
association and assembly, but in exercising judges and membership in associations of
such rights, they shall always conduct other legal professionals. While attendance
themselves in such a manner as to preserve at lavish events hosted by lawyers might
the dignity of the judicial office and the create an appearance of impropriety,
impartiality and independence of the participation in a judges-only organizations
judiciary. does not. (PhilJa)
Sec. 7. Judges shall inform themselves Sec. 13. Judges and members of their
about their personal fiduciary financial families shall neither ask for, nor accept,
interests and shall make reasonable efforts any gift, bequest, loan or favor in relation to
to be informed about the financial interests anything done or to be done or omitted to
of members of their family. be done by him or her in connection with
the performance of judicial duties.
Sec. 8. Judges shall not use or lend the
prestige of the judicial office to advance Receiving money from a party litigant is
their private interests, or those of a member the kind of gross and flaunting
of their family or of anyone else, nor shall misconduct on the part of the judge, who
CHAPTER IV. CODE OF

they convey or permit others to convey the is charged with the responsibility of
JUDICIAL CONDUCT
impression that anyone is in a special administering the law and rendering
position improperly to influence them in the justice. (Ompoc v. Torre (1989))
performance of judicial duties.
Sec. 14. Judges shall not knowingly permit
TICKET-FIXING court staff or others subject to their
Misconduct in which judges impermissibly take influence, direction or authority, to ask for,
advantage of their position to avoid traffic or accept, any gift, bequest, loan or favor in
violations. relation to anything done or to be done or
omitted to be done in connection with their
Sec. 9. Confidential information acquired duties or functions.
by judges in their judicial capacity shall not
be used or disclosed by for any other Sec. 15. Subject to law and to any legal
purpose related to their judicial duties. requirements of public disclosure, judges
may receive a token gift, award or benefit as
Sec. 10. Subject to the proper performance appropriate to the occasion on which it is
of judicial duties, judges may made provided that such gift, award or
o Write, lecture, teach and participate benefit might not reasonably be perceived
in activities concerning the law, the as intended to influence the judge in the
legal system, the administration of performance of judicial duties or otherwise
justice or related matters; give rise to an appearance of partiality.
Page 50 of 89
GENERAL RULE: Judges and members of any case which he has been counsel (for a
their families cannot accept gifts, etc. party) without the written consent of all
parties in interest, signed by them and
EXCEPTION: Subject to legal requirements entered upon the record. The prohibition
like public disclosure, may accept gifts is not limited to cases in which a judge
provided that it might not reasonably be hears the evidence but includes as well
perceived as intended to influence judge. cases where he acts by resolving
motions, issuing orders and the like. (In
Section 7(d) of R.A. 6713 allows the Re Judge Rojas (1998))
following:
1) Gift of nominal value tendered and Sec. 3. Judges shall carry out judicial
received as a souvenir or mark of duties with appropriate consideration for all
courtesy persons, such as the parties, witnesses,
2) Scholarship or fellowship grant or lawyers, court staff and judicial colleagues,
medical treatment without differentiation on any irrelevant
3) Travel grants or expenses for travel ground, immaterial to the proper
taking place entirely outside the performance of such duties.
Philippines (such as allowances,
transportation, food and lodging) of Sec. 4. Judges shall not knowingly permit
more than nominal value if such court staff or others subject to his or her
acceptance is appropriate or consistent influence, direction or control to
with the interest of the Philippines, and differentiate between persons concerned, in
permitted by the head office, branch or a matter before the judge, on any irrelevant
agency to which the judge belongs. ground.
Sec. 5. Judges shall require lawyers in

V. Equality proceedings before the court to refrain from
manifesting, by words or conduct, bias or
CANON 5 - ENSURING EQUALITY OF prejudice based on irrelevant grounds,
TREATMENT TO ALL BEFORE THE except such as are legally relevant to an
COURTS IS ESSENTIAL TO THE DUE issue in proceedings and may be the
PERFORMANCE OF THE JUDICIAL subject of legitimate advocacy.
OFFICE.
Women appearing as witnesses or litigants have
This is a new Canon not found in the found themselves subjected to inappropriate,
previous two Philippine Codes of Judicial overly familiar and demeaning forms of address,
Conduct. It expands the measures to comments on their personal appearance, sexist
promote equality required by international remarks, “jokes” and unwelcome advances. As
courts are expected to ensure equality, any
CHAPTER IV. CODE OF

human rights agreements. Those
JUDICIAL CONDUCT
lawyer who makes an insensitive or demeaning
agreements advocate a universal
comment in court should be admonished.
application of law and non-discrimination (PhilJa)
between the sexes. (PhilJa)
The action of the judge in seizing the
Sec. 1. Judges shall be aware of, and witness, Alberto Angel, by the shoulder and
understand, diversity in society and turning him about was unwarranted and
differences arising from various sources, an interference with that freedom from
including but not limited to race, color, sex, unlawful personal violence to which
religion, national origin, caste, disability, every witness is entitled while giving
age, marital status, sexual orientation, testimony in a court of justice. Against
social and economic status and other like such conduct the appellant had the right to
causes. protest and to demand that the incident be
made a matter of record. That he did so was
Sec. 2. Judges shall not, in the not contempt, providing protest and
performance of judicial duties, by words or demand were respectfully made and with
conduct, manifest bias or prejudice towards due regard for the dignity of the court. (In
any person or group on irrelevant grounds. Re: Aguas (1901))
Rule 137, Sec. 1 of the Rules of Court

expressly states that no judge shall sit in
Page 51 of 89
VI. Competence and Diligence substitute for, these judicial remedies,

whether ordinary or extraordinary.
CANON. 6 - COMPETENCE AND
DILIGENCE ARE PREREQUISITES TO Resort to and exhaustion of these judicial
THE DUE PERFORMANCE OF JUDICIAL remedies are prerequisites for the taking of
OFFICE. other measures against the persons of the
judges concerned.
Sec. 1. The judicial duties of a judge take It is only after the available judicial
precedence over all other activities. remedies have been exhausted and the
appellate tribunals have spoken with
Sec. 2. Judges shall devote their finality that the door to an inquiry into
professional activity to judicial duties, his criminal, civil, or administrative
which include not only the performance of liability may be said to have opened, or
judicial functions and responsibilities in closed. (Maquiran v. Grageda, 451 SCRA
court and the making of decisions, but also 15 (2005))
other tasks relevant to the judicial office or
the court's operations. Sec. 4. Judges shall keep themselves
informed about relevant developments of
In the instant case, respondent judge international law, including international
impeded the speedy disposition of cases by conventions and other instruments
his successor on account of missing records establishing human rights norms.
of cases. This fact reflects an inefficient and
disorderly system in the recording of cases Sec. 5. Judges shall perform all judicial
assigned to his sala. Proper and efficient duties, including the delivery of reserved
court management is as much the decisions, efficiently, fairly and with
judge's responsibility for the Court reasonable promptness.
personnel are not the guardians of a
Judge's responsibilities. A judge is
expected to ensure that the records of cases Sec. 6. Judges shall maintain order and
assigned to his sala are intact. There is no decorum in all proceedings before the court
justification for missing records save and be patient, dignified and courteous in
fortuitous events. The loss of not one but relation to litigants, witnesses, lawyers and
eight records is indicative of gross others with whom the judge deals in an
misconduct and inexcusable negligence official capacity. Judges shall require
unbecoming of a judge. (Longboan v. Polig similar conduct of legal representatives,
(1990)) court staff and others subject to their
influence, direction or control.
Sec. 3. Judges shall take reasonable steps
CHAPTER IV. CODE OF

Sec. 7. Judges shall not engage in conduct
JUDICIAL CONDUCT
to maintain and enhance their knowledge,
skills and personal qualities necessary for incompatible with the diligent discharge of
the proper performance of judicial duties, judicial duties.
taking advantage for this purpose of the
training and other facilities which should By issuing orders indefinitely postponing
be made available, under judicial control, to the hearing of election protest, the judge in
judges. De la Cruz v. Pascua manifested
inefficiency in the disposition of an election
Even in the remaining years of his stay protest case and thus overtly transgressed
in the judiciary, he should keep abreast basic mandatory rules for expeditious
with the changes in the law and with the resolution of cases. (De la Cruz v. Pascua,
latest decisions and precedents. Although 359 SCRA 568 (2001))
a judge is nearing retirement, he should not
relax in his study of the law and court
decisions. (Abad v. Bleza (1986))
The established doctrine and policy is that

disciplinary proceedings and criminal
actions against Judges are not
complementary or suppletory of, nor a
Page 52 of 89
REVIEWER IN LEGAL ETHICS Chapter V. Discipline of Judges
Chapter V. Discipline of Judges

Misconduct implies malice or a wrongful
I. LIABILITIES OF JUDGES intent, not a mere error of judgment. “For
II. DISCIPLINE OF MEMBERS OF THE serious misconduct to exist, there must be
BENCH a reliable evidence showing that the judicial
acts complained of were corrupt or were
I. Liabilities of Judges inspired by an intention to violate the law,
or were in persistent disregard of well-
Statutory Basis known legal rules.” (In re: Impeachment of
1987 Constitution, Art. VIII, Section 11. The Horilleno, 43 Phil. 212)
members of the Supreme Court and judges of
lower courts shall hold office during a good Inefficiency implies negligence, ignorance
behavior until they reach the age of seventy and carelessness. A judge would be
years or become incapacitated to discharge the inexcusably negligent if he failed to observe
duties of their office. The Supreme Court en in the performance of his duties that
banc shall have the power to discipline judges of
diligence, prudence and circumspection
lower courts, or order their dismissal by a vote of
majority of the Members who actually took part
which the law requires in the rendition of
in the deliberations on the issues in the case any public service. (In re: Climaco, 55 SCRA
and voted thereon. 107)
GENERAL RULE: A judge is not liable

administratively, civilly or criminally when II. Discipline of Members of the
he acts within his power and jurisdiction. Bench
This frees the judge from apprehension of GROUNDS

personal consequences to himself and to 1) Serious misconduct
preserve the integrity and independence of 2) Inefficiency
the judiciary.
Instances of Serious Misconduct Which
EXCEPTION: Serious misconduct; Merited Discipline by the Supreme Court:
inefficiency; gross and patent, or deliberate
and malicious error; bad faith o Failure to deposit funds with the
municipal treasurer or produce them
MISCONDUCT despite his promise to do so
Wrongful intention and not mere error in (Montemayor v. Collado, 107 SCRA 258).
judgment (Raquiza vs. Castaneda, 82 SCRA 235)
o Misappropriation of fiduciary funds
SERIOUS MISCONDUCT (proceeds of cash bail bond) by
Exists when the judicial act complained of is depositing the check in his personal
corrupt or inspired by an intention to violate the
account, thus converting the trust fund
law or a persistent disregard of well-known legal
rules. (Galangi v. Macli-ing, Adm. Matter No. 75- into his own use (Barja v. Beracio, 74
DJ, Jan. 17, 1978) SCRA 355).
SERIOUS INEFFICIENCY o Extorting money from a party-litigant

An example is negligence in the performance of who has a case before his court (Haw
duty, if reckless in character (Lapena v. Collado, Tay v. Singayao, 154 SCRA 107).
76 SCRA 82)
o Solicitation of donation for office
ERROR OR IGNORANCE OF LAW
equipment (Lecaroz v. Garcia).
Error or mistake must be gross or patent,
malicious, deliberate or in bad faith.
CHAPTER V. DISCIPLINE
Must act fraudulently, corruptly or with gross o Frequent unauthorized absences in

ignorance. office (Municipal Council of Casiguruhan,
OF JUDGES
Quezon v. Morales, 61 SCRA 13).

Caveat: Not every error or mistake of a judge in
the performance of his duties makes him liable. Instances of Gross Inefficiency Which
To hold the judge administratively accountable Merited Discipline by the Supreme Court
for every erroneous ruling or decision he
renders, assuming he has erred, would be
o Delay in the disposition of cases in
nothing short of harassment and would make
his position unbearable. (Secretary of Justice v. violation of the Canon that a judge must
Marcos, 76 SCRA 301) promptly dispose of all matters
Page 53 of 89
REVIEWER IN LEGAL ETHICS Chapter V. Discipline of Judges
submitted to him. With or without the

transcripts of stenographic notes, the
90-day period for deciding cases or
resolving motions must be adhered to
(Balagot v. Opinion, 195 SCRA 429).
o Unduly granting repeated motions for

postponement of a case (Araza v. Reyes,
64 SCRA 347).
o Unawareness of or unfamiliarity with

the application of the Indeterminate
Sentence Law and the duration and
graduation of penalties (In re: Paulin,
101 SCRA 605).
o Reducing to a ridiculous amount

(P6,000.00) the bail bond of the accused
in a murder case thus enabling him to
escape the toils of the law (Soriano v.
Mabbayad, 67 SCRA 385).
o Imposing the penalty of subsidiary

imprisonment on a party for failure to
pay civil imdemnity in violation of R.A.
5465 (Monsanto v. Palarca, 126 SCRA
45).
CONDUCT:
Administrative cases against lower court
judges and justices are automatically
treated as disbarment cases
Quantum of evidence required: Beyond

reasonable doubt.
Rules for evidence: Same rules as in

criminal trials
EFFECT OF WITHDRAWAL, DESISTANCE,

RETIREMENT OR PARDON
The withdrawal of the case by the

complainant, or the filing of an affidavit
of desistance or the complainant’s loss
of interest does not necessarily cause
the dismissal thereof. REASON: To
condition administrative actions upon the
will of every complainant who for one
reason or another, condones a detestable
act is to strip the Supreme Court of its
CHAPTER V. DISCIPLINE
supervisory power to discipline erring

members of the judiciary. (Anguluan v.
OF JUDGES
Taguba, 93 SCRA 179)
Desistance will not justify the dismissal of

an administrative case if the records will
reveal that the judge had not performed his
duties. (Espayos v. Lee, 89 SCRA 478)
Page 54 of 89
REVIEWER IN LEGAL ETHICS Chapter VI. Frequently Asked Legal Forms
Chapter VI. Frequently Asked C. Acknowledgement and Jurat

Legal Forms
CHAPTER VI. FREQUENTLY

Acknowledgment Jurat
ASKED LEGAL FORMS

Declaration that a Certification that the
I. PARTS COMMON TO FORMS person has himself instrument was
A. SCILICET executed a deed “sworn” to him
B. CAPTIONS AND TITLES Purpose: Purpose:
C. ACKNOWLEDGEMENT AND JURAT To authorize deed to To give the document a
II. GENERAL FORMS be given in evidence legal character
A. DEED without further proof
B. CONTRACT of its execution
C. JUDICIAL FORM To entitle it to be
D. CRIMINAL INFORMATION recorded
E. AFFIDAVIT Where used: Where used:
To authenticate an Affidavits
MOTIONS agreement between Certifications
Applications to the court for interlocutory or two or more persons Statement of facts or
interim orders Document contains a attestation to the truth
disposition of property of an event, made
PLEADINGS under oath
Seek final reliefs
Form 1. Acknowledgement
I. Parts Common to Forms
Acknowledgement with one signatory
A. Scilicet
a) Ordinary Acknowledgment Form
Scilicet is represented by the double "S.S"
at the end of the REPUBLIC OF THE REPUBLIC OF THE PHILIPPINES ) S.S.
PHILIPPINES and the CITY OF MANILA )
CITY/PROVINCE/MUNICIPALITY of
jurisdiction of the Notary Public, hence it BEFORE ME, a Notary Public in and for the City
of Manila, this ___day of _________, 2009,
denotes venue of execution of the personally appeared___________________with
instrument or document. Community Tax Certificate No. ____________
issued at __________on __________2009, known to
Standard Form of Scilicet: me and to me known to be the same person who
executed the foregoing instrument and he
REPUBLIC OF THE PHILIPPINES ) acknowledged that the same is his own free and
PROVINCE OF SORSOGON ) S.S. voluntary act and deed.
MUNICIPALITY OF PILAR )
b) Acknowledgment Form for Sales of Real
B. Captions and Titles Property (consisting of two or more pages
and conveying two or more parcels of land)
In general
(SCILICET)
Form No. 1. Caption Common to all
pleadings BEFORE ME, a Notary Public in and for the City
of Cebu, this ___ day of November, 2009,
(SCILICET) personally appeared ______ with Com. Tax Cert.
(CTC) No. _____ issued at ___ on ____ and _______
with CTC No. _____ issued at ____on _____,
A
personally known to me and to me known to be
Plaintiff, the same persons who executed the foregoing
instrument which they signed and acknowledged
-- versus -- Case number before as their own free and voluntary and deed.
C The foregoing instrument relates to a DEED OF

Defendant ABSOLUTE SALE of two (2) parcels of land,
consisting of two (2) pages, including this page
OR on which this acknowledgment is written, and
has been signed at the bottom and on the left
hand margin of the first page thereof, by the
IN THE MATTER OF _______ parties and their instrumental witnesses, and
(When the case is a special proceeding. sealed with my notarial seal.
Page 55 of 89
of which I am the registered owner in fee simple,

WITNESS MY HAND AND SEAL, on the date and my title thereto being evidenced by Transfer (or

place first above written. Original) Certificate of Title No. ______, issued by
ASKED LEGAL FORMS

the Register of Deeds of Makati City.
Doc. No. ____
Page No. ___ It is hereby mutually agreed that the vendee
Book No. ___ shall bear all expenses for the execution and
Series of 2009 registration of this deed of sale.
Form 2. Jurat IN WITNESS WHEREOF, I have signed this

deed this 7th day of July, 2007 at Makati City.
SUBSCRIBED AND SWORN to before me this MA YA MAN
___day of _____,2009 at the City of Manila, Vendor
affiant exhibited to me his Community Tax
Certificate No. ________issued at ________on [Note: if vendor is married, marital consent must
_______2009. be secured; thus, the Deed must also indicate
this. If vendor is married, then add the
following:]
II. General Forms
With my consent:
A. Deed
ASA WA
Vendor’s Wife
Deeds, or formal contracts under seal, are
documents in which certain formalities are SIGNED IN THE PRESENCE OF:
followed with the result that they can be
enforced even if consideration is absent (Sgd.) MIRON 1
from the agreement.
(Sgd.) MIRON 2
Parts of a Typical Deed (TAPCCSA)
Title Plus: Acknowledgment
Announcement
Parties, first and second B. Contract
Consideration
Conveyance or act Parts of a Typical Contract (TAPWATSA)
Signature Title
Acknowledgement Announcement
Parties, first and second
Deed of Sale: Parcel of Land* Whereas
(appeared 8 times in bar) Agreement proper
Terms or conditions
Republic of the Philippines ) Signature
Makati City ) s.s. Acknowledgement
DEED OF ABSOLUTE SALE Contract of Lease*

(appeared 5 times in bar)
KNOW ALL MEN BY THESE PRESENTS:
I, MA YA MAN, Filipino, single, and resident CONTRACT OF LEASE

of _________________________, for and in
consideration of the amount of KNOW ALL MEN BY THESE PRESENTS:
_______________________, paid to me today by MA
GU LANG, Filipino, single and resident of This Agreement made and entered into at
________________ do hereby SELL, TRANSFER Makati this 7th day of July 2007 by and
and CONVEY absolute and unconditionally unto between DAMI BAHAY, of legal age, married to
said MA GU LANG that certain parcel(s) of land, ASA WA, (LESSOR) and resident of Makati City,
together with the buildings and improvements and ALANG BAHAY, of legal age, single and
thereon situated in the City of Makati, and more resident of Quezon City (LESSEE), WITNESSETH
particularly described as follows: that:
(Technical Description of property/ies; specify 1. In consideration of a monthly rental of

metes and bounds of the property/ies with FIVE THOUSAND PESOS (P5,000.00) and the
approximate area thereof, as indicated on the covenants made below, the LESSOR hereby
face of the title) LEASES to the LESSEE an apartment located at
Page 56 of 89
199 San Antonio Village, Makati City covered by C. Judicial form
Tax Declaration No. 001 (Makati City Assessor’s

Office) for a period of TWELVE (12) MONTHS Parts of a Typical Judicial Form
ASKED LEGAL FORMS

from signing of this contract.
(CTIBRAAA)
2. The LESSEE covenants, as follows:
Caption
Title
2.1. To pay the rentals on or before the fifth Introduction
day of each month, without need of demand at Body
the residence of LESSOR; Relief
Attorney
2.2. To keep the premises in good and Addendum
habitable condition, making the necessary Annexes
repairs and painting inside and outside the
house;
D. Criminal Information
2.3. Not to make major alterations and
improvements without the written consent of the Parts of a Typical Complaint (CTBAA)
LESSOR and in the event of such unauthorized Caption
major alterations and improvements, Title
surrendering ownership over such Introduction
improvements and alterations to the LESSOR Body
upon expiration of this lease; Attorney
Annex
IN WITNESS WHEREOF, the parties have signed
this contract on the date and the place first
mentioned. Complaint Answer
Cause of action Admission, defenses,
DAMI BAHAY ANG BAHAY or counterclaim
Lessor Lessee Prayer plus Prayer plus
- verification - verification
- certification of - statement of copy
With my consent: non-forum furnished the
ASA WA shopping adverse party
- proof of service
Acknowledgment - explanation
BEFORE ME, a Notary Public for Makati Complaint: Ejectment*

City, personally appeared on the 7th of July (appeared 7 times in bar)
2007, the following persons, with their
respective CTC details indicated below: Regional Trial Court
National Capital Judicial Region
DAMI BAHAY CTC No. _________ issued at/on METROPOLITAN TRIAL COURT
ALANG BAHAY CTC No. _________ issued at/on Quezon City, Branch 33
known to me to be the same persons who ALIS DI-YAN COMPANY,
executed the foregoing instrument, denominated Plaintiff,
as a Contract of Lease consisting of __ pages, Civil Case No. 2222
signed on each and every page by the parties - versus - For: Ejectment
and their instrumental witnesses, having
acknowledged the same before me as their own YOKO NGA,
free and voluntary act and deed. Defendant.
x ------------------------ x
TO THE TRUTH OF THE FOREGOING,
witness now my hand and seal on the date and COMPLAINT
place mentioned above.
PLAINTIFF, by counsel, respectfully states
N.O. TARIO that:
Until December 31, 2007
PTR No. 0000111/1/05/99, Makati City 1. Plaintiff is a foreign corporation
Doc. No. organized and existing under the laws of France
Page No. with business address at 111 Ocean Drive, Tuna
Book No. Compound, Quezon City; Defendant is a
Series of 2007. Filipino, of legal age, single and currently
resident of 112 Ocean Drive, Tuna Compound,
Quezon City, where he may be served with
summons and other pertinent processes.
Page 57 of 89
Criminal Information: Rape*

2. Plaintiff owns that property located at (appeared 4 times in bar)

112 Ocean Drive, Tuna Compound, Quezon City
ASKED LEGAL FORMS

which it leased to defendant under the terms PEOPLE OF THE PHILIPPINES,
and conditions stated in the Contract of Lease Plaintiff,
dated 1 January 2005, which contract expires Criminal Case No. 00567
on 31 December 2006. A copy of the contract is - versus - For: Attempted Rape
attached as ANNEX A.
MAEL SIA,
3. Upon expiration of the contract, plaintiff Accused.
informed defendant of its intention not to renew x ------------------------ x
the lease as it would use the property for its
business expansion; plaintiff then asked INFORMATION
defendant to vacate the premises. A copy of
plaintiff’s letter to defendant is attached as The undersigned accuses MAEL SIA of
ANNEX B. attempted rape committed as follows:
4. Despite demand duly made and received, That on or about 6 June 2005, in Quezon
defendant has refused to vacate the premises City, the accused did then and there wilfully,
and continues to occupy the property without unlawfully and feloniously enter the house of
plaintiff’s consent. Resort to the Barangay SEK SEE, a married woman, and finding that
conciliation system proved useless as defendant her husband was away, with lewd designs and
refused to appear before the Lupong by means of force and intimidation, commenced
Tagapamayapa. A Certification to File Action is directly by overt acts to commit the crime of
attached as ANNEX C. attempted rape upon her person, to wit: while
SEK SEE was cooking lunch, the accused seized
5. Defendant’s act of dispossession has her from behind, threw her to the floor, raised
caused plaintiff to suffer material injury because her skirt, pulled down her underwear and
plaintiff’s business expansion plans could not be attempted to penetrate her with his sexual organ
implemented despite the arrival of machineries and would have succeeded in doing so had not
specifically leased for this purpose at the rental her loud protests and vigorous resistance
rate of US$500 per month. Defendant’s brought her neighbors to her assistance,
continued occupation of the premises has also causing the accused to flee from the premises
forced plaintiff to sue and to incur legal without completing all the acts of execution.
expenses amounting to Fifty Thousand Pesos
(P50,000.00). CONTRARY TO LAW with the aggravating
circumstance of dwelling.
WHEREFORE, plaintiff respectfully prays for
judgment in its favor by ordering defendant to ELLIOT NESS
vacate the property and peacefully turn over Assistant City Prosecutor
possession to plaintiff and for defendant to pay
plaintiff the amount of US$3,500 representing Plus: Certification of Preliminary Investigation or
rentals on the machineries for seven (7) months Inquest
and Fifty Thousand Pesos (P50,000.00) for
Attorney’s fees.
Criminal Information: Homicide
Other just and equitable reliefs are also (frustrated, attempted)
prayed for. (appeared 5 times in bar)
Quezon City; 13 April 2007. PEOPLE OF THE PHILIPPINES,

Plaintiff,
(Sgd.) ATTICUS FINCH
Counsel for Plaintiff Criminal Case No. 00568
[Address] - versus - For: Attempted Homicide
Plus:
1. Verification and Certification against Forum KILING M. SOFTLI,
Shopping Accused.
2. Jurat x ------------------------ x
INFORMATION
The undersigned accuses KILING M. SOFTLI of

the crime of ATTEMPTED HOMICIDE,
committed as follows, to wit:
Page 58 of 89
That on or about April 27, 2009, at about 3 Motion to Quash*

p.m., in the Municipality of San Jose, Province (appeared 4 times in bar)

of Occidental Mindoro and within the
ASKED LEGAL FORMS

jurisdiction of this Honorable Court, the said Republic of the Philippines
accused, armed with a jungle knife, and with National Capital Judicial Region
evident intent to kill, did then and there REGIONAL TRIAL COURT
willfully, unlawfully, and feloniously attack Branch 90, Quezon City
VETYLA PHIA with his said weapon, missing
said VETYLA PHIA by only a fraction of an inch, PEOPLE OF THE PHILIPPINES,
and would have continued his criminal act had Plaintiff,
not the said VETYLA PHIA successfully resisted Criminal Case No. 00567
him with the help of some bystanders who - versus - For: Theft
responded to her cry for help.
KLEPTO MANIAC,
Contrary to law with the aggravating Accused.
circumstance of superior strength. x ------------------------ x
MOTION TO QUASH
MOE FESTER
Assistant City Prosecutor THE ACCUSED, by counsel, respectfully
moves to quash the Information for the crime of
Plus: Certification of Preliminary Investigation or theft on the following:
Inquest
GROUNDS
PEOPLE OF THE PHILIPPINES,
Plaintiff, 1. IT CONTAINS AVERMENTS WHICH, IF
TRUE, WOULD CONSTITUTE A LEGAL
Criminal Case No. 00568 JUSTIFICATION;
- versus - For: Frustrated Homicide
2. THIS COURT IS WITHOUT JURISDICTION.
KILING M. SOFTLI, In support, the accused respectfully states

Accused. that:
x ------------------------ x
ARGUMENT
INFORMATION
The Information alleges that the accused
The undersigned accuses KILING M. SOFTLI of KLEPTO MANIAC is eleven (11) years old and
the crime of FRUSTRATED HOMICIDE, without any known address. Under Article 12,
committed as follows, to wit: paragraph 3 of the Revised Penal Code, a person
over nine years of age and under fifteen, unless
That on or about April 27, 2009, at about 3 he acted with discernment, is exempt from
p.m., in the Municipality of San Jose, Province criminal liability.
of Occidental Mindoro and within the
jurisdiction of this Honorable Court, the said There is no allegation that the accused acted
accused, armed with a jungle knife, and with with discernment. Even granting said
evident intent to kill, did then and there discernment, the accused cannot be tried but
willfully, unlawfully, and feloniously attack one instead proceeded against under Article 80 of
VETYLA PHIA inflicting mortal wounds in the Revised Penal Code, which provides that a
different parts of his body, which would have minor, unless sixteen years of age at the time of
directly caused the death of said VETYLA PHIA , the commission of a grave or less grave felony,
thus performing all acts of execution which cannot be tried but instead shall have the
would have produced the crime of homicide as a benefit of a suspension of all proceedings
consequence, but nevertheless did not produce against him. The duty of the court would be to
the same by reason of caused independent of his commit the minor to the custody or care of a
will, that is, because of thEe timely medical public or private benevolent or charitable
assistance rendered on the said VETYLA PHIA . institution for the care and education of
homeless and delinquent children or to the
Contrary to law with the aggravating custody of the Department of Social Work and
circumstance abuse of superior strength. Development.
MOE FESTER WHEREFORE, it is respectfully prayed that

Assistant City Prosecutor the Information against the accused be
QUASHED and that the accused be released
Plus: Certification of Preliminary Investigation or immediately from detention.
Inquest
Page 59 of 89
Quezon City; 7 July 2007.

(Sgd.) MITCH MCDEERE
ASKED LEGAL FORMS

Counsel for the Accused
[Address]
Plus:
1. Request for and Notice of Hearing
2. Proof of Service
E. Affidavit or sworn statement
Parts of a Typical Affidavit (CaTPOSSiJ)

Caption
Title
Party
Oath
Statement
Signature
Jurat
Special Power of Attorney*

(asked 4 times in bar)
SPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
I, OBI WAN KENOBI, of legal age, and

resident of Tatooine, do hereby name, constitute
and appoint PADME AMIDALA, of legal age, and
resident of Naboo, to be my true and lawful
Attorney-in-Fact and in my name, place and
stead, do perform the following specific act(s):
(Specify the particular act/s to be performed)
Giving and granting unto said attorney-in-

fact power and authority to do every act
necessary and required in connection with these
presents, and hereby ratifying and confirming all
that she may do by virtue of these presents.
IN WITNESS WHEREOF, I have signed this

Special Power of Attorney this 7 July 2007 at
Tatooine.
(Sgd.) OBI WAN KENOBI

Principal
SIGNED IN THE PRESENCE OF:
(Sgd.) R2D2 (Sgd.) C3PO
Plus: Acknowledgment
* These forms were lifted from Prof.

Theodore Te’s Legal Forms v2007.
Page 60 of 89
REVIEWER IN LEGAL ETHICS Glossary of Uncommon Terms
Glossary of Uncommon Terms ARGUMENTUM AD ADSURDUM - an

argument proving the absurdity of an
ABJURE - to renounce, repudiate or retract, opponent's argument
esp. with solemnity, under oath; to recant. ARGUMENTUM AD HOMINEM - an
AB INITIO - from the beginning argument to the individual man, i.e., to his
interests and prejudices
ABNEGATE - to refuse or deny oneself (rights,
claims, conveniences, etc.); reject; give up
ATHWART - across; against; opposed
ADDLEBRAINED - foolish; silly; having or ATRABILIOUS - sad; melancholy; morose;
gloomy; irritable; bad-tempered
revealingf a muddled or confused mind;
stupid AUTARKY - national economic self-sufficiency;
a national policy of economic independence,
AD HOMINEM - appealing to one's prejudices,
esp. of getting along without imports
emotions or special interest rather than to
intellect or reason, as by attacking one's AUTODIDACT - a person who is self-taught
opponent rather than debating the issue. AVANT GARDE - the advance group, the
ADVENTITIOUS - added extrinsically; not leaders, or the radical in any field, esp. in
the visual, literary or musical arts, whose
UNCOMMON TERMS
essentially inherent; out of the proper place
or usual place. works are characterized by unorthodox and
GLOSSARY OF
experimental methods; vanguard
A FORTIORI - with stronger reason
AGRESTIC - rural; crude; uncouth BAGATELLE - something of little value; an
unimportant trifle; a short, light piece of
AIDE-MEMOIRE - a memorandum of a music
discussion; proposed agreement
BEAU COUP - very much; very many
ALEATORY - depending or pertaining to
chance, luck or contingency; unpredictable
BEAU GESTE - a fine or beautiful gesture; an
act or offer that seems fine, noble but is
ALEXIPHARMAC - an antidote empty
AMICUS CURIAE - a friend of the court; a BEAU MONDE - fashionable society; elegant
person appointed by the court as an
world
impartial adviser.
BELLWETHER - a leader of a movement or
AMORPHOUS - without definite form; activity
shapeless, of no definite or particular type,
kind or character; unorganized; vague.
BETE NOIRE - something or someone that a
person particularly dislikes, fears, avoids,
ANACHRONISM - the representation of dreads or loathes
something as existing or occurring at other
than its proper time, esp. earlier; anything
BILLINGSGATE - coarsely or vulgarly abusive
language
that is or seems to be out of its proper time
in history BLANDISHMENT - speech or action that
ANCHORITE - a person who lives alone and flatter and tends to coax, entice or persuade;
allurement
apart from society for religious meditation;
hermit; recluse BLOVIATE - to orate verbosely and windily
ANDROGYNOUS - exhibiting both male and BONHOME - good nature; pleasant and easy
female characteristics, esp. sexual ones; manner
hermaphroditic BON VIVANT - a person who lives luxuriously
ANIMADVERT - to observe, censure; to and enjoys good food and drink; an epicure
comment or act upon something with BRAVURA - a display of daring; brilliant
disapproval; criticize adversely performance; dash
ANTEBELLUM - before the war BRIO - animation; vivacity; zest
ANTIPODE - anything diametrically opposed; BUMPTIOUS - offensively assertive;
exact opposite disagreeably or excessively conceited,
ANTITHESIS - opposition; contrast; the direct arrogant or forward
opposite CACHINNATE - to laugh loudly, immoderately
APHORISM - a terse, pithy expression or excessively
embodying a wise or clever observation or a CADGE - to obtain by imposing on another's
general truth; maxim; adage generosity or friendship; to borrow without
APOCALYPTIC - prophesying total destruction intent to repay
or great disasters; affording a revelation or CARTE BLANCHE - full power or
prophesy; pertaining to the Apocalypse authorization
APOCRYPHAL - of doubtful sanction, CAVEAT EMPTOR - let the buyer beware
authorship or authority; uncanonical; false; CAVIL - a trivial, annoying and pointless
spurious; counterfeit objection; quibble; the raising of trivial
APOGEE - the farthest or highest point questions
A POSTERIORI - from the effect to the cause; CHIMERA - a horrible or unreal creature of the
reasoning sequence opposed to a priori imagination; a vain, impossible or idle fancy
A PRIORI - reasoning sequence from cause to CHUTZPAH - unmitigated effrontery or
effect impudence; shameless audacity; insolence
CLAUDICANT - lame; having a limp
Page 61 of 89
CLERISY - learned persons as a class; literati; FAIT ACCOMPLI - a thing already done
intelligentsia; educated people as a class FALSUS IN UNO, FALSUS IN OMNIBUS -
CLOY - to weary by an excess of something, as false in one thing, false in everything.
of food; sweetness, richness or pleasure; Legally, the entire testimony of a witness
surfeit; satiate; to become uninteresting or may be disregarded if some part of it is
distasteful through overabundance found to be false.
COGITATE - to think deeply or intently; to FARRAGO - a confused mixture; an
ponder; to meditate assortment; a medley
COGNOSCENTI - those who are well-informed FAUX PAS - a false step; a social blunder
or have superior knowledge and FRIABLE - easily crumbled; pulverized or
understanding of a certain field, esp. of fine reduced to powder
arts, literature or the world of fashion FURBELOW - something showy or superfluous
COLLOCATE - to arrange or place together, GAUCHERIE - lack of social grace;
esp. side by side; to arrange in proper order tactlessness
COMMINATE - to threaten with divine GLABRIOUS - smooth; bald; without hair
vengeance GRACILE - gracefully slender; thin
UNCOMMON TERMS
COMPOS MENTIS - of sound mind GRANDILOQUENT - speaking or expressed in
GLOSSARY OF
CONCATENATION - a series of links united; a a lofty highfalluting, pompous or bombastic
series or order of things depending on each style
other as if linked together; a chain; GRAVAMEN - the essential part of an
succession accusation or that which weighs most
CONDIGN - suitable to the fault or crime; heavily or adversely against the accused
deserved; adequate GRAVID - in the family way or pregnant
CONTRETEMPS - an inopportune or HABEAS CORPUS - a legal order directing
unfortunate occurrence; an embarrassing somebody with custody of a person to bring
mischance; awkward mishap the party in court
CONUNDRUM - a riddle whose answer HALCYON - peaceful; calm; tranquil
involves a pun; any puzzling question or HOLOGRAPHIC - wholly written by the person
problem
in whose name it appears, applies
COUP DE GRACE - a death blow, esp. one particularly to wills and testaments
delivered mercifully to end suffering by a IN ARTICULO MORTIS (IN EXTREMIS) - at
mortally wounded person; any finishing or
the point of death
decisive stroke
INCHOATE - in the early stages; not yet
CUMSHOW - a present, gratuity or tip completely or clearly formed or organized;
DEBOUCH - to come forth; emerge incipient
DECLASSE - reduced to or having low status INCULPATE - to charge with fault; blame,
DEFENESTRATION - the act of throwing a accuse or involve in a charge
person or thing out of a window; a tossing INEFFABLE - incapable of being expressed in
out through a window words; unspeakable; indescribable
DEMIMONDE - a class of women who have INELUCTABLE - impossible to avoid or evade;
lost social standing because of indiscreet inevitable
behavior or sexual promiscuity IN LOCO PARENTIS - in the place of a parent
DEMOTIC - of or pertaining to the common IPSO FACTO - by the fact itself; by the nature
people; popular; common
of the case
DE RIGUEUR - strictly required, as by JINGO - a person who professes patriotism
etiquette, usage or fashion
loudly or excessively
DESULTORY - lacking in consistency, KVETCH - to complain; to whine
constancy, or visible order; disconnected;
not methodical
LAMBENT - playing lightly on or over a
surface; flickering as a lambent flame
DETRITUS - loose material that is worn away
from rocks, debris
LEGERDEMAIN - sleight of hand
DIKTAT - a harsh settlement unilaterally LOGORRHEA - excessive talkativeness or
wordiness
imposed on a defeated party; an
authoritative decree or order MODUS VIVENDI - mode of living
EBULLIENT - overflowing with enthusiasm or MOIETY - one of equal parts; an indefinite part
excitement NE PLUS ULTRA - the highest point or
EFFULGENCE - the state of being bright or culmination; the highest point of perfection
radiant; brilliance NIHILISM - total rejection of established laws
ESURIENT - hungry; voracious; greedy and institutions; extreme skepticism
EXIGUOUS - extremely scanty; meager NOBLESSE OBLIGE - the moral obligation of
the rich to display honorable or charitable
EX PARTE - from one side only; other party is
conduct
not around or absent
EX TEMPORE - without preparation; NON COMPOS MENTIS - not of sound mind
impromptu
Page 62 of 89
NON SEQUITUR - conclusion that does not

follow logically from the premises; a remark
having no bearing on what has just been
said
NUGATORY - of no real value; of no force or
effect; ineffective
OBITER DICTUM - in court decisions, a
statement made by way of opinion
ONUS PROBANDI - the burden of proof
OXYMORON - a figure of speech in which
opposite or contradictory ideas or terms are
combined, such as open secret, cruel
kindness, deafening silence
POLEMIC - a person inclined to engage in
argument or disputation
PROLIX - unnecessarily long; tending to speak
UNCOMMON TERMS
or write excessive length
GLOSSARY OF
PUTATIVE - to suppose; consider; reputed;
generally considered or deemed such
QUID PRO QUO - something in return;
compensation
QUOTIDIAN - daily; occurring or recurring
daily; ordinary; common
RAPPROCHEMENT - bringing together;
drawing closer; reconciliation
RATIOCINATION - the process of reasoning
RECHERCHE - sought out with care; choice;
too refined; too studied
SERIATIM - in a series; one after another
SUB JUDICE - under consideration by the
court; pending judgement
SYBARITE - a person devoted to luxury and
pleasure
TEMERARIOUS - recklessly or
presumptuously daring
UMBRAGE - offense; resentment; annoyance or
displeasure
USUFRUCT - the right to use or benefit from
something which belongs to another, short
of destroying or harming it; the use,
enjoyment or profitable possession of
something
UXURIOUS - doting upon, irrationally fond of
or affectionately over abusive toward one's
wife
VERISIMILITUDE - the appearance or
semblance of truth or fact; probability;
something having merely the appearance of
truth
VOLTE FACE - the act of turning so as to face
in the opposite direction; a complete change
of attitude or opinion
Page 63 of 89
REVIEWER IN LEGAL ETHICS Annexes
Annexes b. is attested to be personally known to

the notary public or identified by the
SPECIAL RULES FOR THE PRACTICE OF LAW notary public through competent
K. 2004 RULES ON NOTARIAL PRACTICE evidence of identity as defined by these
L. BM 850 MCLE Rules; and
M. BM 2012 RULE ON MANDATORY LEGAL c. represents to the notary public that the
SERVICE signature on the instrument or
document was voluntarily affixed by
INDIGENT CLIENTS
him for the purposes stated in the
N. RA 6033
O. RA 6034
instrument or document, declares that
P. RA 6035 he has executed the instrument or
Q. PD 543 document as his free and voluntary act
and deed, and, if he acts in a particular
SPECIAL LAW ON RETIRED JUSTICE AND representative capacity, that he has the
JUDGES authority to sign in that capacity.
R. RA 910
S. PD 1438 Sec. 2. Affirmation or Oath. - The term
"Affirmation" or "Oath" refers to an act in
LAW ON OBSTRUCTION OF JUSTICE
T. PD 1829
which an individual on a single occasion:
a. appears in person before the notary
public;
Special Rules on the Practice of b. is personally known to the notary public
Law or identified by the notary public
through competent evidence of identity
A. 2004 Rules on Notarial Practice as defined by these Rules; and
c. avows under penalty of law to the whole
2004 Rules on Notarial Practice truth of the contents of the instrument
(Aug. 1, 2004) or document.
ANNEXES
RULE I Sec. 3. Commission. - "Commission" refers
IMPLEMENTATION to the grant of authority to perform notarial
acts and to the written evidence of the
Sec. 1. Title. - These Rules shall be known authority.
as the 2004 Rules on Notarial Practice.
Sec. 4. Copy Certification. - "Copy
Sec. 2. Purposes. - These Rules shall be Certification" refers to a notarial act in
applied and construed to advance the which a notary public:
following purposes: a. is presented with an instrument or
a. to promote, serve, and protect public document that is neither a vital record,
interest; a public record, nor publicly recordable;
b. to simplify, clarify, and modernize the b. copies or supervises the copying of the
rules governing notaries public; and instrument or document;
c. to foster ethical conduct among notaries c. compares the instrument or document
public. with the copy; and
d. determines that the copy is accurate
Sec. 3. Interpretation. - Unless the context and complete.
of these Rules otherwise indicates, words in
the singular include the plural, and words Sec. 5. Notarial Register. - "Notarial
in the plural include the singular. Register" refers to a permanently bound
book with numbered pages containing a
chronological record of notarial acts
RULE II performed by a notary public.
DEFINITIONS
Sec. 6. Jurat. - "Jurat" refers to an act in
Sec. 1. Acknowledgment. - which an individual on a single occasion:
"Acknowledgment" refers to an act in which a. appears in person before the notary
an individual on a single occasion: public and presents an instrument or
a. appears in person before the notary document;
public and presents an integrally b. is personally known to the notary public
complete instrument or document; or identified by the notary public
Page 64 of 89
through competent evidence of identity officially signed by the notary public

as defined by these Rules; conforming the requisites prescribed by
c. signs the instrument or document in these Rules.
the presence of the notary; and
d. takes an oath or affirmation before the Sec. 14. Signature Witnessing. -The term
notary public as to such instrument or "signature witnessing" refers to a notarial
document. act in which an individual on a single
occasion:
Sec. 7. Notarial Act and Notarization. - a. appears in person before the notary
"Notarial Act" and "Notarization" refer to public and presents an instrument or
any act that a notary public is empowered document;
to perform under these Rules. b. is personally known to the notary public
or identified by the notary public
Sec. 8. Notarial Certificate. - "Notarial through competent evidence of identity
Certificate" refers to the part of, or as defined by these Rules; and
attachment to, a notarized instrument or c. signs the instrument or document in
document that is completed by the notary the presence of the notary public.
public, bears the notary's signature and
seal, and states the facts attested to by the Sec. 15. Court. - "Court" refers to the
notary public in a particular notarization as Supreme Court of the Philippines.
provided for by these Rules.
Sec. 16. Petitioner. - "Petitioner" refers to a
Sec. 9. Notary Public and Notary. - "Notary person who applies for a notarial
Public" and "Notary" refer to any person commission.
commissioned to perform official acts under
these Rules. Sec. 17. Office of the Court Administrator. -
"Office of the Court Administrator" refers to
Sec. 10. Principal. - "Principal" refers to a the Office of the Court Administrator of the
ANNEXES
person appearing before the notary public Supreme Court.
whose act is the subject of notarization.
Sec. 18. Executive Judge. - "Executive
Sec. 11. Regular Place of Work or Business. Judge" refers to the Executive Judge of the
- The term "regular place of work or Regional Trial Court of a city or province
business" refers to a stationary office in the who issues a notarial commission.
city or province wherein the notary public
renders legal and notarial services. Sec. 19. Vendor - "Vendor" under these
Rules refers to a seller of a notarial seal and
Sec. 12. Competent Evidence of Identity. - shall include a wholesaler or retailer.
The phrase "competent evidence of identity"
refers to the identification of an individual Sec. 20. Manufacturer. - "Manufacturer"
based on: under these Rules refers to one who
a. at least one current identification produces a notarial seal and shall include
document issued by an official agency an engraver and seal maker.
bearing the photograph and signature
of the individual; or
b. the oath or affirmation of one credible RULE III
witness not privy to the instrument, COMMISSIONING OF NOTARY PUBLIC
document or transaction who is
personally known to the notary public Sec. 1. Qualifications. - A notarial
and who personally knows the commission may be issued by an Executive
individual, or of two credible witnesses Judge to any qualified person who submits
neither of whom is privy to the a petition in accordance with these Rules.
instrument, document or transaction To be eligible for commissioning as notary
who each personally knows the public, the petitioner:
individual and shows to the notary 1. must be a citizen of the Philippines;
public documentary identification. 2. must be over twenty-one (21) years of
age;
Sec. 13. Official Seal or Seal. - "Official seal" 3. must be a resident in the Philippines for
or "Seal" refers to a device for affixing a at least one (1) year and maintains a
mark, image or impression on all papers regular place of work or business in the
Page 65 of 89
city or province where the commission Sec. 5. Notice of Summary Hearing. –

is to be issued; a. The notice of summary hearing shall be
4. must be a member of the Philippine Bar published in a newspaper of general
in good standing with clearances from circulation in the city or province where
the Office of the Bar Confidant of the the hearing shall be conducted and
Supreme Court and the Integrated Bar posted in a conspicuous place in the
of the Philippines; and offices of the Executive Judge and of the
5. must not have been convicted in the Clerk of Court. The cost of the
first instance of any crime involving publication shall be borne by the
moral turpitude. petitioner. The notice may include more
than one petitioner.
Sec. 2. Form of the Petition and Supporting b. The notice shall be substantially in the
Documents. - Every petition for a notarial following form;
commission shall be in writing, verified, NOTICE OF HEARING
and shall include the following: Notice is hereby given that a summary
a. a statement containing the petitioner's hearing on the petition for notarial
personal qualifications, including the commission of (name of petitioner) shall
be held on (date) at (place) at (time). Any
petitioner's date of birth, residence, person who has any cause or reason to
telephone number, professional tax object to the grant of the petition may
receipt, roll of attorney's number and file a verified written opposition thereto,
IBP membership number; , received by the undersigned before the
b. certification of good moral character of date of the summary hearing.
the petitioner by at least two (2) ______________
executive officers of the local chapter of Executive Judge
the Integrated Bar of the Philippines
where he is applying for commission; Sec. 6. Opposition to Petition. - Any person
c. proof of payment for the filing of the who has any cause or reason to object to
petition as required by these Rules; and the grant of the petition may file a verified
written opposition thereto. The opposition
ANNEXES
d. three (3) passport-size color
photographs with light background must be received by the Executive Judge
taken within thirty (30) days of the before the date of the summary hearing.
application. The photograph should not
be retouched. The petitioner shall sign Sec. 7. Form of Notarial Commission. - The
his name at the bottom part of the commissioning of a notary public shall be
photographs. in a formal order signed by the Executive
Judge substantially in the following form:
Sec. 3. Application Fee. - Every petitioner
for a notarial commission shall pay the REPUBLIC OF THE PHILIPPINES
application fee as prescribed in the Rules of REGIONAL TRIAL COURT OF __________
This is to certify that (name of notary
Court. public) of (regular place of work or
business) in (city or province) was on
Sec. 4. Summary Hearing on the Petition. - this (date) day of (month) two thousand
The Executive Judge shall conduct a and (year) commissioned by the
summary hearing on the petition and shall undersigned as a notary public, within
grant the same if: and for the said jurisdiction, for a term
a. the petition is sufficient in form and ending the thirty-first day of December
substance; (year)
_______________
b. the petitioner proves the allegations
Executive Judge
contained in the petition; and
c. the petitioner establishes to the
Sec. 8. Period Of Validity of Certificate of
satisfaction of the Executive Judge that
Authorization to Purchase a Notarial Seal. -
he has read and fully understood these
The Certificate of Authorization to Purchase
Rules.
a Notarial Seal shall be valid for a period of
The Executive Judge shall forthwith issue a
three (3) months from date of issue, unless
commission and a Certificate of
extended by the Executive Judge.
Authorization to Purchase a Notarial Seal in
A mark, image or impression of the seal
favor of the petitioner.
that may be purchased by the notary public
pursuant to the Certificate shall be
presented to the Executive Judge for
approval prior to use.
Page 66 of 89
The notary public thus removed from

Sec. 9. Form of Certificate of Authorization the Register of Notaries Public may only be
to Purchase a Notarial Seal. -The Certificate reinstated therein after he is issued a new
of Authorization to Purchase a Notarial Seal commission in accordance with these
shall substantially be in the following form: Rules.
REPUBLIC OF THE PHILIPPINES Sec. 14. Action on Application for Renewal

REGIONAL TRIAL COURT OF___________ of Commission. - The Executive Judge
CERTIFICATE OF AUTHORIZATION TO shall, upon payment of the application fee
PURCHASE A NOTARIAL SEAL mentioned in Section 3 above of this Rule,
This is to authorize (name of notary
public) of (city or province) who was
act on an application for the renewal of a
commissioned by the undersigned as a commission within thirty (30) days from
notary public, within and for the said receipt thereof. If the application is denied,
jurisdiction, for a term ending, the the Executive Judge shall state the reasons
thirty-first of December (year) to therefore.
purchase a notarial seal.
Issued this (day) of (month) (year).
_______________ RULE IV
Executive Judge
POWERS AND LIMITATIONS OF
NOTARIES PUBLIC
Sec. 10. Official Seal of Notary Public. -
Every person commissioned as notary Sec. 1. Powers. –
public shall have only one official seal of a. A notary public is empowered to
office in accordance with these Rules. perform the following notarial acts:
1. acknowledgments;
Sec. 11. Jurisdiction and Term. - A person 2. oaths and affirmations;
commissioned as notary public may 3. jurats;
perform notarial acts in any place within 4. signature witnessings;
the territorial jurisdiction of the
ANNEXES
5. copy certifications; and
commissioning court for a period of two (2) 6. any other act authorized by these
years commencing the first day of January Rules.
of the year in which the commissioning is b. A notary public is authorized to certify
made, unless earlier revoked or the notary the affixing of a signature by thumb or
public has resigned under these Rules and other mark on an instrument or
the Rules of Court. document presented for notarization if:
1. the thumb or other mark is affixed
Sec. 12. Register of Notaries Public. - The in the presence of the notary public
Executive Judge shall keep and maintain a and of two (2) disinterested and
Register of Notaries Public in his unaffected witnesses to the
jurisdiction which shall contain, among instrument or document;
others, the dates of issuance or revocation 2. both witnesses sign their own
or suspension of notarial commissions, and names in addition to the thumb or
the resignation or death of notaries public. other mark;
The Executive Judge shall furnish the 3. the notary public writes below the
Office of the Court Administrator thumb or other mark: "Thumb or
information and data recorded in the Other Mark affixed by (name of
register of notaries public. The Office of the signatory by mark) in the presence
Court Administrator shall keep a of (names and addresses of
permanent, complete and updated database witnesses) and undersigned notary
of such records. public"; and
4. the notary public notarizes the
Sec. 13. Renewal of Commission. - A notary signature by thumb or other mark
public may file a written application with through an acknowledgment, jurat,
the Executive Judge for the renewal of his or signature witnessing.
commission within forty-five (45) days c. A notary public is authorized to sign on
before the expiration thereof. A mark, image behalf of a person who is physically
or impression of the seal of the notary unable to sign or make a mark on an
public shall be attached to the application. instrument or document if:
Failure to file said application will result
in the deletion of the name of the notary
public in the register of notaries public.
Page 67 of 89
1. the notary public is directed by the b. will receive, as a direct or indirect

person unable to sign or make a result, any commission, fee, advantage,
mark to sign on his behalf; right, title, interest, cash, property, or
2. the signature of the notary public is other consideration, except as provided
affixed in the presence of two by these Rules and by law; or
disinterested and unaffected c. is a spouse, common-law partner,
witnesses to the instrument or ancestor, descendant, or relative by
document; affinity or consanguinity of the principal
3. both witnesses sign their own within the fourth civil degree.
names ;
4. the notary public writes below his Sec. 4. Refusal to Notarize. - A notary
signature: "Signature affixed by public shall not perform any notarial act
notary in presence of (names and described in these Rules for any person
addresses of person and two \2] requesting such an act even if he tenders
witnesses)"; and the appropriate fee specified by these Rules
5. the notary public notarizes his if:
signature by acknowledgment or a. the notary knows or has good reason to
jurat. believe that the notarial act or
transaction is unlawful or immoral;
Sec. 2. Prohibitions. – b. the signatory shows a demeanor which
a. A notary public shall not perform a engenders in the mind of the notary
notarial act outside his regular place of public reasonable doubt as to the
work or business; provided, however, former's knowledge of the consequences
that on certain exceptional occasions or of the transaction requiring a notarial
situations, a notarial act may be act; and
performed at the request of the parties c. in the notary's judgment, the signatory
in the following sites located within his is not acting of his or her own free will.
territorial jurisdiction:
ANNEXES
1. public offices, convention halls, and Sec. 5. False or Incomplete Certificate. - A
similar places where oaths of office notary public shall not:
may be administered; a. execute a certificate containing
2. public function areas in hotels and information known or believed by the
similar places for the signing of notary to be false.
instruments or documents requiring b. affix an official signature or seal on a
notarization; notarial certificate that is incomplete.
3. hospitals and other medical
institutions where a party to an Sec. 6. Improper Instruments or
instrument or document is confined Documents. - A notary public shall not
for treatment; and notarize:
4. any place where a party to an a. a blank or incomplete instrument or
instrument or document requiring document; or
notarization is under detention. b. an instrument or document without
b. A person shall not perform a notarial appropriate notarial certification.
act if the person involved as signatory to
the instrument or document -
1. is not in the notary's presence RULE V
personally at the time of the FEES OF NOTARY PUBLIC
notarization; and
2. is not personally known to the Sec. 1. Imposition and Waiver of Fees. - For
notary public or otherwise identified performing a notarial act, a notary public
by the notary public through may charge the maximum fee as prescribed
competent evidence of identity as by the Supreme Court unless he waives the
defined by these Rules. fee in whole or in part.
Sec. 3. Disqualifications. - A notary public Sec. 2. Travel Fees and Expenses. - A

is disqualified from performing a notarial notary public may charge travel fees and
act if he: expenses separate and apart from the
a. is a party to the instrument or notarial fees prescribed in the preceding
document that is to be notarized; section when traveling to perform a notarial
act if the notary public and the person
Page 68 of 89
requesting the notarial act agree prior to Sec. 2. Entries in the Notarial Register. –
the travel. a. For every notarial act, the notary shall
record in the notarial register at the
Sec. 3. Prohibited Fees. - No fee or time of notarization the following:
compensation of any kind, except those 1. the entry number and page number;
expressly prescribed and allowed herein, 2. the date and time of day of the
shall be collected or received for any notarial act;
notarial service. 3. the type of notarial act;
4. the title or description of the
Sec. 4. Payment or Refund of Fees. - A instrument, document or
notary public shall not require payment of proceeding;
any fees specified herein prior to the 5. the name and address of each
performance of a notarial act unless principal;
otherwise agreed upon. 6. the competent evidence of identity
Any travel fees and expenses paid to a as defined by these Rules if the
notary public prior to the performance of a signatory is not personally known to
notarial act are not subject to refund if the the notary;
notary public had already traveled but 7. the name and address of each
failed to complete in whole or in part the credible witness swearing to or
notarial act for reasons beyond his control affirming the person's identity;
and without negligence on his part. 8. the fee charged for the notarial act;
9. the address where the notarization
Sec. 5. Notice of Fees. - A notary public who was performed if not in the notary's
charges a fee for notarial services shall regular place of work or business;
issue a receipt registered with the Bureau and
of Internal Revenue and keep a journal of 10. any other circumstance the notary
notarial fees. He shall enter in the journal public may deem of significance or
all fees charged for services rendered. relevance.
ANNEXES
A notary public shall post in a b. A notary public shall record in the
conspicuous place in his office a complete notarial register the reasons and
schedule of chargeable notarial fees. circumstances for not completing a
notarial act.
c. A notary public shall record in the
RULE VI notarial register the circumstances of
NOTARIAL REGISTER any request to inspect or copy an entry
in the notarial register, including the
Sec. 1. Form of Notarial Register. – requester's name, address, signature,
a. A notary public shall keep, maintain, thumb mark or other recognized
protect and provide for lawful inspection identifier, and evidence of identity. The
as provided in these Rules, a reasons for refusal to allow inspection
chronological official notarial register of or copying of a journal entry shall also
notarial acts consisting of a be recorded.
permanently bound book with d. When the instrument or document is a
numbered pages. contract, the notary public shall keep
The register shall be kept in books an original copy thereof as part of his
to be furnished by the Solicitor General records and enter in said records a brief
to any notary public upon request and description of the substance thereof and
upon payment of the cost thereof. The shall give to each entry a consecutive
register shall be duly paged, and on the number, beginning with number one in
first page, the Solicitor General shall each calendar year. He shall also retain
certify the number of pages of which the a duplicate original copy for the Clerk of
book consists. Court.
For purposes of this provision, a e. The notary public shall give to each
Memorandum of Agreement or instrument or document executed,
Understanding may be entered into by sworn to, or acknowledged before him a
the Office of the Solicitor General and number corresponding to the one in his
the Office of the Court Administrator. register, and shall also state on the
b. A notary/ public shall keep only one instrument or document the page/s of
active notarial register at any given his register on which the same is
time.
Page 69 of 89
recorded. No blank line shall be left 3. the person specifies the month,
between entries. year, type of instrument or
f. In case of a protest of any draft, bill of document, and name of the
exchange or promissory note, the notary principal in the notarial act or acts
public shall make a full and true record sought; and
of all proceedings in relation thereto 4. the person is shown only the entry
and shall note therein whether the or entries specified by him.
demand for the sum of money was b. The notarial register may be examined
made, by whom, when, and where; by a law enforcement officer in the
whether he presented such draft, bill or course of an official investigation or by
note; whether notices were given, to virtue of a court order.
whom and in what manner; where the c. If the notary public has a reasonable
same was made, when and to whom ground to believe that a person has a
and where directed; and of every other criminal intent or wrongful motive in
fact touching the same. requesting information from the notarial
g. At the end of each week, the notary register, the notary shall deny access to
public shall certify in his notarial any entry or entries therein.
register the number of instruments or
documents executed, sworn to, Sec. 5. Loss, Destruction or Damage of
acknowledged, or protested before him; Notarial Register. –
or if none, this certificate shall show a. In case the notarial register is stolen,
this fact. lost, destroyed, damaged, or otherwise
h. A certified copy of each month's entries rendered unusable or illegible as a
and a duplicate original copy of any record of notarial acts, the notary public
instrument acknowledged before the shall, within ten (10) days after
notary public shall, within the first ten informing the appropriate law
(10) days of the month following, be enforcement agency in the case of theft
forwarded to the Clerk of Court and or vandalism, notify the Executive
ANNEXES
shall be under the responsibility of such Judge by any means providing a proper
officer. If there is no entry to certify for receipt or acknowledgment, including
the month, the notary shall forward a registered mail and also provide a copy
statement to this effect in lieu of or number of any pertinent police
certified copies herein required. report.
b. Upon revocation or expiration of a
Sec. 3. Signatures and Thumbmarks. - At notarial commission, or death of the
the time of notarization, the notary's notary public, the notarial register and
notarial register shall be signed or a thumb notarial records shall immediately be
or other mark affixed by each: delivered to the office of the Executive
a. principal; Judge.
b. credible witness swearing or affirming to
the identity of a principal; and Sec. 6. Issuance of Certified True Copies. -
c. witness to a signature by thumb or The notary public shall supply a certified
other mark, or to a signing by the true copy of the notarial record, or any part
notary public on behalf of a person thereof, to any person applying for such
physically unable to sign. copy upon payment of the legal fees.
Sec. 4. Inspection, Copying and Disposal. –

a. In the notary's presence, any person RULE VII
may inspect an entry in the notarial SIGNATURE AND SEAL OF NOTARY
register, during regular business hours, PUBLIC
provided;
1. the person's identity is personally Sec. 1. Official Signature. - In notarizing a
known to the notary public or paper instrument or document, a notary
proven through competent evidence public shall:
of identity as defined in these Rules; a. sign by hand on the notarial certificate
2. the person affixes a signature and only the name indicated and as
thumb or other mark or other appearing on the notary's commission;
recognized identifier, in the notarial b. not sign using a facsimile stamp or
.register in a separate, dated entry; printing device; and
Page 70 of 89
c. affix his official signature only at the during office hours. In the event that
time the notarial act is performed. the missing, lost or damaged seal is
later found or surrendered, it shall be
Sec. 2. Official Seal. – delivered by the notary public to the
a. Every person commissioned as notary Executive Judge to be disposed of in
public shall have a seal of office, to be accordance with this section. Failure to
procured at his own expense, which effect such surrender shall constitute
shall not be possessed or owned by any contempt of court. In the event of death
other person. It shall be of metal, of the notary public, the person in
circular in shape, two inches in possession of the official seal shall have
diameter, and shall have the name of the duty to surrender it to the Executive
the city or province and the word Judge.
"Philippines" and his own name on the
margin and the roll of attorney's Sec. 3. Seal Image. - The notary public shall
number on the face thereof, with the affix a single, clear, legible, permanent, and
words "notary public" across the center. photographically reproducible mark, image
A mark, image or impression of such or impression of the official seal beside his
seal shall be made directly on the paper signature on the notarial certificate of a
or parchment on which the writing paper instrument or document.
appears.
b. The official seal shall be affixed only at Sec. 4. Obtaining and Providing Seal. –
the time the notarial act is performed a. A vendor or manufacturer of notarial
and shall be clearly impressed by the seals may not sell said product without
notary public on every page of the a written authorization from the
instrument or document notarized. Executive Judge.
c. When not in use, the official seal shall b. Upon written application and after
be kept safe and secure and shall be payment of the application fee, the
accessible only to the notary public or Executive Judge may issue an
ANNEXES
the person duly authorized by him. authorization to sell to a vendor or
d. Within five (5) days after the official seal manufacturer of notarial seals after
of a notary public is stolen, lost, verification and investigation of the
damaged or other otherwise rendered latter's qualifications. The Executive
unserviceable in affixing a legible image, Judge shall charge an authorization fee
the notary public, after informing the in the amount of Php 4,000 for the
appropriate law enforcement agency, vendor and Php 8,000 for the
shall notify the Executive Judge in manufacturer. If a manufacturer is also
writing, providing proper receipt or a vendor, he shall only pay the
acknowledgment, including registered manufacturer's authorization fee.
mail, and in the event of a crime c. The authorization shall be in effect for a
committed, provide a copy or entry period of four (4) years from the date of
number of the appropriate police record. its issuance and may be renewed by the
Upon receipt of such notice, if found in Executive Judge for a similar period
order by the Executive Judge, the latter upon payment of the authorization fee
shall order the notary public to cause mentioned in the preceding paragraph.
notice of such loss or damage to be d. A vendor or manufacturer shall not sell
published, once a week for three (3) a seal to a buyer except upon
consecutive weeks, in a newspaper of submission of a certified copy of the
general circulation in the city or commission and the Certificate of
province where the notary public is Authorization to Purchase a Notarial
commissioned. Thereafter, the Seal issued by the Executive Judge. A
Executive Judge shall issue to the notary public obtaining a new seal as a
notary public a new Certificate of result of change of name shall present
Authorization to Purchase a Notarial to the vendor or manufacturer a
Seal. certified copy of the Confirmation of the
e. Within five (5) days after the death or Change of Name issued by the
resignation of the notary public, or the Executive Judge.
revocation or expiration of a notarial e. Only one seal may be sold by a vendor
commission, the official seal shall be or manufacturer for each Certificate of
surrendered to the Executive Judge and Authorization to Purchase a Notarial
shall be destroyed or defaced in public Seal,
Page 71 of 89
f. After the sale, the vendor or CERTIFICATE OF AUTHORITY FOR A

manufacturer shall affix a mark, image NOTARIAL ACT
or impression of the seal to the I, (name, title, jurisdiction of the
Executive Judge), certify that (name of
Certificate of Authorization to Purchase
notary public), the person named in the
a Notarial Seal and submit the seal and signature on the attached
completed Certificate to the Executive document, is a Notary Public in and for
Judge. Copies of the Certificate of the (City/Municipality/Province) of the
Authorization to Purchase a Notarial Republic of the Philippines and
Seal and the buyer's commission shall authorized to act as such at the time of
be kept in the files of the vendor or the document's notarization.
manufacturer for four (4) years after the IN WITNESS WHEREOF, I have affixed
sale. below my signature and seal of this
g. A notary public obtaining a new seal as office this (date) day of (month) (year).
_________________
a result of change of name shall present (official signature)
to the vendor a certified copy of the (seal of Executive Judge)
order confirming the change of name
issued by the Executive Judge.
RULE X
CHANGES OF STATUS OF NOTARY
RULE VIII PUBLIC
NOTARIAL CERTIFICATES
Sec. 1. Change of Name and Address.
Sec. 1. Form of Notarial Certificate. - The Within ten (10) days after the change of
notarial form used for any notarial name of the notary public by court order or
instrument or document shall conform to by marriage, or after ceasing to maintain
all the requisites prescribed herein, the the regular place of work or business, the
Rules of Court and all other provisions of notary public shall submit a signed and
issuances by the Supreme Court and in dated notice of such fact to the Executive
ANNEXES
applicable laws. Judge.
The notary public shall not notarize
Sec. 2. Contents of the Concluding Part of until:
the Notarial Certificate. - The notarial a. he receives from the Executive Judge a
certificate shall include the following: confirmation of the new name of the
a. the name of the notary public as exactly notary public and/or change of regular
indicated in the commission; place of work or business; and
b. the serial number of the commission of b. a new seal bearing the new name has
the notary public; been obtained.
c. the words "Notary Public" and the The foregoing notwithstanding, until the
province or city where the notary public aforementioned steps have been completed,
is commissioned, the expiration date of the notary public may continue to use the
the commission, the office address of former name or regular place of work or
the notary public; and business in performing notarial acts for
d. the roll of attorney's number, the three (3) months from the date of the
professional tax receipt number and the change, which may be extended once for
place and date of issuance thereof, and valid and just cause by the Executive Judge
the IBP membership number. for another period not exceeding three (3)
months.
RULE IX Sec. 2. Resignation. - A notary public may
CERTIFICATE OF AUTHORITY OF resign his commission by personally
NOTARIES PUBLIC submitting a written, dated and signed
formal notice to the Executive Judge
Sec. 1. Certificate of Authority for a Notarial together with his notarial seal, notarial
Act. - A certificate of authority evidencing register and records. Effective from the date
the authenticity of the official seal and indicated in the notice, he shall
signature of a notary public shall be issued immediately cease to perform notarial acts.
by the Executive Judge upon request in In the event of his incapacity to personally
substantially the following form: appear, the submission of the notice may
be performed by his duly authorized
representative.
Page 72 of 89
Sec. 3. Publication of Resignation. - The the notary public shall be required to

Executive Judge shall immediately order file a verified answer to the complaint. If
the Clerk of Court to post in a conspicuous the answer of the notary public is not
place in the offices of the Executive Judge satisfactory, the Executive Judge shall
and of the Clerk of Court the names of conduct a summary hearing. If the
notaries public who have resigned their allegations of the complaint are not
notarial commissions and the effective proven, the complaint shall be
dates of their resignation. dismissed. If the charges are duly
established, the Executive Judge shall
impose the appropriate administrative
RULE XI sanctions. In either case, the aggrieved
REVOCATION OF COMMISSION AND party may appeal the decision to the
DISCIPLINARY SANCTIONS Supreme Court for review. Pending the
appeal, an order imposing disciplinary
Sec. 1. Revocation and Administrative sanctions shall be immediately
Sanctions. – executory, unless otherwise ordered by
a. The Executive Judge shall revoke a the Supreme Court.
notarial commission for any ground on d. The Executive Judge may motu proprio
which an application for a commission initiate administrative proceedings
may be denied. against a notary public, subject to the
b. In addition, the Executive Judge may procedures prescribed in paragraph (c)
revoke the commission of, or impose above and impose the appropriate
appropriate administrative sanctions administrative sanctions on the
upon, any notary public who: grounds mentioned in the preceding
1. fails to keep a notarial register; paragraphs (a) and (b).
2. fails to make the proper entry or
entries in his notarial register Sec. 2. Supervision and Monitoring of
concerning his notarial acts; Notaries Public. - The Executive Judge shall
ANNEXES
3. fails to send the copy of the entries at all times exercise supervision over
to the Executive Judge within the notaries public and shall closely monitor
first ten (10) days of the month their activities.
following;
4. fails to affix to acknowledgments the Sec. 3. Publication of Revocations and
date of expiration of his commission; Administrative Sanctions. - The Executive
5. fails to submit his notarial register, Judge shall immediately order the Clerk of
when filled, to the Executive Judge; Court to post in a conspicuous place in the
6. fails to make his report, within a offices of the Executive Judge and of the
reasonable time, to the Executive Clerk of Court the names of notaries public
Judge concerning the performance who have been administratively sanctioned
of his duties, as may be required by or whose notarial commissions have been
the judge; revoked.
7. fails to require the presence of a
principal at the time of the notarial Sec. 4. Death of Notary Public. - If a notary
act; public dies before fulfilling the obligations
8. fails to identify a principal on the in Section 4(e), Rule VI and Section 2(e),
basis of personal knowledge or Rule VII, the Executive Judge, upon being
competent evidence; notified of such death, shall forthwith cause
9. executes a false or incomplete compliance with the provisions of these
certificate under Section 5, Rule IV; sections.
10. knowingly performs or fails to
perform any other act prohibited or
mandated by these Rules; and RULE XII
11. commits any other dereliction or act SPECIAL PROVISIONS
which in the judgment of the
Executive Judge constitutes good Sec. 1. Punishable Acts. - The Executive
cause for revocation of commission Judge shall cause the prosecution of any
or imposition of administrative person who:
sanction. a. knowingly acts or otherwise
c. Upon verified complaint by an impersonates a notary public;
interested, affected or aggrieved person,
Page 73 of 89
b. knowingly obtains, conceals, defaces, or

destroys the seal, notarial register, or RULE 1
official records of a notary public; and PURPOSE
c. knowingly solicits, coerces, or in any
way influences a notary public to Sec. 1. Purpose of the MCLE. Continuing
commit official misconduct. legal education is required of members of
the Integrated Bar of the Philippines (IBP)
Sec. 2. Reports to the Supreme Court. - The to ensure that throughout their career, they
Executive Judge concerned shall submit keep abreast with law and jurisprudence,
semestral reports to the Supreme Court on maintain the ethics of the profession and
discipline and prosecution of notaries enhance the standards of the practice of
public. law.
RULE XIII RULE 2

REPEALING AND EFFECTIVITY MANDATORY CONTINUING LEGAL
PROVISIONS EDUCATION
Sec. 1. Repeal. - All rules and parts of Sec. 1. Constitution of the MCLE
rules, including issuances of the Supreme Committee. Within two (2) months from the
Court inconsistent herewith, are hereby approval of these Rules by the Supreme
repealed or accordingly modified. Court En Banc, the MCLE Committee shall
be constituted in accordance with these
Sec. 2. Effective Date. - These Rules shall Rules.
take effect on the first day of August 2004,
and shall be published in a newspaper of Sec. 2. Requirements of completion of
general circulation in the Philippines which MCLE. Members of the IBP not exempt
provides sufficiently wide circulation. under Rule 7 shall complete, every three (3)
ANNEXES
years, at least thirty-six (36) hours of
Promulgated this 6th day of July, 2004. continuing legal education activities
approved by the MCLE Committee. Of the
36 hours:
B. BM 850 a. At least six (6) hours shall be devoted to
legal ethics.
B.M. NO. 850 b. At least (4) hours shall be devoted to
August 22, 2000 trial and pretrial skills.
c. At least five (5) hours shall be devoted
MANDATORY CONTINUING LEGAL to alternative dispute resolution.
EDUCATION (MCLE) d. At least nine (9) hours shall be devoted
to updates on substantive and
ADOPTING THE RULES ON MANDATORY procedural laws, and jurisprudence.
CONTINUING LEGAL EDUCATION FOR e. At least four (4) hours shall be devoted
MEMBERS OF THE INTEGRATED BAR to legal writing and oral advocacy.
OF THE PHILIPPINES f. At least two (2) hours shall be devoted
to international law and international
EN BANC conventions.
g. The remaining six (6) hours shall be
RESOLUTION devoted to such subjects as may be
prescribed by the MCLE Committee.
Considering the Rules on Mandatory
Continuing Legal Education (MCLE) for
members of the Integrated Bar of the RULE 3
Philippines (IBP), recommended by the IBP, COMPLIANCE PERIOD
endorsed by the Philippine Judicial
Academy, and reviewed and passed upon Sec. 1. Initial compliance period. The initial
by the Supreme Court Committee on Legal compliance period shall begin not later than
Education, the Court hereby resolves to three (3) months from the constitution of
adopt, as it hereby adopts, the following the MCLE Committee. Except for the initial
rules for proper implementation: compliance period for members admitted or
readmitted after the establishment of the
Page 74 of 89
program, all compliance periods shall be for RULE 4

thirty-six (36) months and shall begin the COMPUTATION OF CREDIT UNITS
day after the end of the previous
compliance period. Sec. 1. Guidelines The following are the
guidelines for computation of credit units
Sec. 2. Compliance Group 1. Members in (CU):
the National Capital Region (NCR) or Metro
Manila shall be permanently assigned to PROGRAMS CREDIT UNITS SUPPORTING
Compliance Group 1. DOCUMENTS
Sec. 3. Compliance Group 2. Members in 1. SEMINARS, CONVENTIONS,

CONFERENCES, SYMPOSIA, IN-HOUSE
Luzon outside NCR shall be permanently EDUCATION PROGRAMS, WORKSHOPS,
assigned to Compliance Group 2. DIALOGUES, ROUND TABLE DISCUSSIONS
BY APPROVED PROVIDERS UNDER RULE 7
Sec. 4. Compliance Group 3. Members in AND OTHER RELATED RULES
Visayas and Mindanao shall be
permanently assigned to Compliance Group 1.1 PARTICIPANT 1 CU PER HOUR
3. CERTIFICATE OF ATTENDANCE WITH
NUMBER OF HOURS
Sec. 5. Compliance period for members
1.2 LECTURER 5 CU PER HOUR
admitted or readmitted after establishment PHOTOCOPY OF PLAQUE OR
of the program. Members admitted or SPONSOR'S CERTIFICATION
readmitted to the Bar after the
establishment of the program shall be 1.3 RESOURCE 3 CU PER HOUR
permanently assigned to the appropriate PHOTOCOPY OF PLAQUE OR
Compliance Group based on their Chapter SPONSOR'S SPEAKER CERTIFICATION
membership on the date of admission or
readmission. 1.4 ASSIGNED 2 CU PER HOUR
CERTIFICATION FROM SPONSORING
ANNEXES
The initial compliance period after
PENALIST/ ORGANIZATION
admission or readmission shall begin on REACTOR/COMMENTATOR
the first day of the month of admission or
readmission and shall end on the same day 1.5 MODERATOR/ 2 CU PER HOUR
as that of all other members in the same CERTIFICATION FROM SPONSORING
Compliance Group. COORDINATOR/ ORGANIZATION
Where four (4) months or less remain of FACILITATOR
the initial compliance period after
admission or readmission, the member is 2. AUTHORSHIP, EDITING AND REVIEW
not required to comply with the program
2.1 RESEARCH/ 5-10 CREDIT UNITS DULY
requirement for the initial compliance. CERTIFIED/PUBLISHED INNOVATIVE
Where more than four (4) months TECHNICAL REPORT/PAPER
remain of the initial compliance period after PROGRAM/CREATIVE PROJECT
admission or readmission, the member
shall be required to complete a number of 2.2 BOOK 50-100 PP 101+ PUBLISHED
hours of approved continuing legal BOOK SINGLE AUTHOR 12-16 CU 17-
education activities equal to the number of 20 CU
months remaining in the compliance period 2 AUTHORS 10-12 CU 13-16 CU
3 OR MORE 5-6 CU 7-11 CU
in which the member is admitted or
readmitted. Such member shall be required 2.3 BOOK EDITOR 1/2 OF THE CU OF
to complete a number of hours of education PUBLISHED BOOK WITH PROOF
in legal ethics in proportion to the number AUTHORSHIP AS EDITOR CATEGORY
of months remaining in the compliance
period. Fractions of hours shall be rounded 2.4 LEGAL ARTICLE 5-10 PP 11+
up to the next whole number. PUBLISHED ARTICLE SINGLE AUTHOR
6 CU 8 CU
2 AUTHORS 4 CU 6 CU
3 OR MORE 2 CU 4 CU
2.5 LEGAL 3-6 CU PER ISSUE PUBLISHED

NEWSLETTER/JOURNAL
NEWSLETTER/LAW JOURNAL EDITOR
Page 75 of 89
3. PROFESSIONAL 6 CU PER CHAIR RULE 7
CERTIFICATION OF LAW DEAN CHAIR/BAR EXEMPTIONS
1 CU PER LECTURE OR BAR REVIEW
DIRECTOR REVIEW/ HOUR
Sec. 1. Parties exempted from the MCLE.
LECTURE/LAW TEACHING
The following members of the Bar are
exempt from the MCLE requirement:
Sec. 2. Limitation on certain credit units. In
a. The President and the Vice President of
numbers 2 and 3 of the guidelines in the
the Philippines, and the Secretaries and
preceding Section, the total maximum
Undersecretaries of Executives
credit units shall not exceed twenty (20)
Departments;
hours per three (3) years.
b. Senators and Members of the House of
Representatives;
c. The Chief Justice and Associate
RULE 5
Justices of the Supreme Court,
CATEGORIES OF CREDIT
incumbent and retired members of the
judiciary, incumbent members of the
Sec. 1. Classes of credits The credits are
Judicial and Bar Council, incumbent
either participatory or non-participatory.
members of the Mandatory Continuing
Legal Education Committee, incumbent
Sec. 2. Claim for participatory credit.
court lawyers who have availed of the
Participatory credit may be claimed for:
Philippine Judicial Academy program of
a. Attending approved education activities
continuing judicial education; (as
like seminars, conferences, symposia,
amended by July 14, 2004 Resolution of
in-house education programs,
the SC en banc)
workshops, dialogues or round table
d. The Chief State Counsel, Chief State
discussions.
Prosecutor and Assistant Secretaries of
b. Speaking or lecturing, or acting as
the Department of Justice;
assigned panelist, reactor,
e. The Solicitor General and the Assistant
commentator, resource speaker,
ANNEXES
Solicitor General;
moderator, coordinator or facilitator in
f. The Government Corporate Counsel,
approved education activities.
Deputy and Assistant Government
c. Teaching in a law school or lecturing in
Corporate Counsel;
a bar review class.
g. The Chairmen and Members of the
Constitutional Commissions;
Sec. 3. Claim for non-participatory credit
h. The Ombudsman, the Overall Deputy
Non-participatory credit may be claimed per
Ombudsman, the Deputy Ombudsmen
compliance period for:
and the Special Prosecutor of the Office
a. Preparing, as an author or co-author,
of the Ombudsman;
written materials published or accepted
i. Heads of government agencies
for publication, e.g., in the form of an
exercising quasi-judicial functions;
article, chapter, book, or book review
j. Incumbent deans, bar reviews and
which contribute to the legal education
professors of law who have teaching
of the author member, which were not
experience for at least 10 years
prepared in the ordinary course of the
accredited law schools;
member's practice or employment.
k. The Chancellor, Vice-Chancellor and
b. Editing a law book, law journal or legal
members of the Corps of Professors and
newsletter.
Professorial Lectures of the Philippine
Judicial Academy; and
l. Governors and Mayors.
RULE 6
COMPUTATION OF CREDIT HOURS
Sec. 2. Other parties exempted from the
MCLE. The following Members of the Bar
Sec. 1. Computation of credit hours. Credit
are likewise exempt:
hours are computed based on actual time
a. Those who are not in law practice,
spent in an activity (actual instruction or
private or public.
speaking time), in hours to the nearest one-
b. Those who have retired from law
quarter hour.
practice with the approval of the IBP
Board of Governors.
Page 76 of 89
Sec. 3. Good cause for exemption from or materials must be distributed to all
modification of requirement. A member may participants. Such materials must be
file a verified request setting forth good distributed at or before the time the
cause for exemption (such as physical activity is offered.
disability, illness, post graduate study e. In-house education activities must be
abroad, proven expertise in law, etc.) from scheduled at a time and location so as
compliance with or modification of any of to be free from interruption like
the requirements, including an extension of telephone calls and other distractions.
time for compliance, in accordance with a
procedure to be established by the MCLE
Committee. RULE 9
APPROVAL OF PROVIDERS
Sec. 4. Change of status. The compliance
period shall begin on the first day of the Sec 1. Approval of providers. Approval of
month in which a member ceases to be providers shall be done by the MCLE
exempt under Sections 1, 2, or 3 of this Committee.
Rule and shall end on the same day as that
of all other members in the same Sec. 2. Requirements for approval of
Compliance Group. providers. Any persons or group may be
approved as a provider for a term of two (2)
Sec. 5. Proof of exemption. Applications for years, which may be renewed, upon written
exemption from or modification of the application. All providers of continuing legal
MCLE requirement shall be under oath and education activities, including in-house
supported by documents. providers, are eligible to be approved
providers. Application for approval shall:
a. Be submitted on a form provided by the
RULE 8 IBP;
STANDARDS FOR APPROVAL OF b. Contain all information requested on
ANNEXES
EDUCATION ACTIVITIES the form;
c. Be accompanied by the approval fee;
Sec. 1. Approval of MCLE program. Subject
to the rules as may be adopted by the Sec. 3. Requirements of all providers. All
MCLE Committee, continuing legal approved providers shall agree to the
education program may be granted following:
approval in either of two (2) ways: (1) the a. An official record verifying the
provider of the activity is an approved attendance at the activity shall be
provider and certifies that the activity meets maintained by the provider for at least
the criteria of Section 3 of this Rules; and four (4) years after the completion date.
(2) the provider is specially mandated by The provider shall include the member
law to provide continuing legal education. on the official record of attendance only
if the member's signature was obtained
Sec. 2. Standards for all education at the time of attendance at the activity.
activities. All continuing legal education The official record of attendance shall
activities must meet the following contain the member's name and
standards: number in the Roll of Attorneys and
a. The activity shall have significant shall identify the time, date, location,
current intellectual or practical content. subject matter, and length of the
b. The activity shall constitute an education activity. A copy of such
organized program of learning related to record shall be furnished the IBP.
legal subjects and the legal profession, b. The provider shall certify that:
including cross profession activities 1. This activity has been approved for
(e.g., accounting-tax or medical-legal) MCLE by the IBP in the amount of
that enhance legal skills or the ability to ________ hours of which hours will
practice law, as well as subjects in legal apply in (legal ethics, etc.), as
writing and oral advocacy. appropriate to the content of the
c. The activity shall be conducted by a activity;
provider with adequate professional 2. The activity conforms to the
experience. standards for approved education
d. Where the activity is more than one (1) activities prescribed by these Rules
hour in length, substantive written and such regulations as may be
Page 77 of 89
prescribed by the IBP pertaining to RULE 11

MCLE. GENERAL COMPLIANCE PROCEDURES
c. The provider shall issue a record or
certificate to all participants identifying Sec. 1. Compliance card. Each member
the time, date, location, subject matter shall secure from the MCLE Committee a
and length of the activity. Compliance Card before the end of his
d. The provider shall allow in-person compliance period. He shall complete the
observation of all approved continuing card by attesting under oath that he has
legal education activities by members of complied with the education requirement or
the IBP Board of Governors, the MCLE that he is exempt, specifying the nature of
Committee, or designees of the the exemption. Such Compliance Card
Committee and IBP staff for purposes of must be returned to the address indicated
monitoring compliance with these therein not later than the day after the end
Rules. of the member's compliance period.
e. The provider shall indicate in
promotional materials, the nature of the Sec. 2. Member record keeping
activity, the time devoted to each requirement. Each member shall maintain
devoted to each topic and identify of the sufficient record of compliance or
instructors. The provider shall make exemption, copy furnished the MCLE
available to each participant a copy of Committee. The record required to be
IBP-approved Education Activity provided to the members by the provider
Evaluation Form. pursuant to Section 3(c) of Rule 9 should be
f. The provider shall maintain the sufficient record of attendance at a
completed Education Activity participatory activity. A record of non-
Evaluation Forms for a period of not participatory activity shall also be
less than one (1) year after the activity, maintained by the member, as referred to
copy furnished the IBP. in Section 3 of Rule 5.
g. Any person or group who conducts an
ANNEXES
unauthorized activity under this
program or issues a spurious certificate RULE 12
in violation of these Rules shall be NON-COMPLIANCE PROCEDURES
subject to appropriate sanctions.
Sec. 1. What constitutes non-compliance.
Sec. 4. Renewal of provider approval. The The following shall constitute non-
approval of a provider may be renewed compliance:
every two (2) years. It may be denied if the a. Failure to complete the education
provider fails to comply with any of the requirement within the compliance
requirements of these Rules or fails to period;
provide satisfactory education activities for b. Failure to provide attestation of
the preceding period. compliance or exemption;
c. Failure to provide satisfactory evidence
Sec. 5. Revocation of provider approval. The of compliance (including evidence of
approval of any provider referred to in Rule exempt status) within the prescribed
9 may be revoked by a majority vote of the period;
IBP Board of Governors, upon d. Failure to satisfy the education
recommendation of the MCLE Committee, requirement and furnish evidence of
after notice and hearing and for good cause. such compliance within sixty (60) days
from receipt of a non-compliance notice;
e. Any other act or omission analogous to
RULE 10 any of the foregoing or intended to
ACTIVITY AND PROVIDER APPROVAL circumvent or evade compliance with
FEE the MCLE requirements.
Sec. 1. Payment of fees. Application for Sec. 2. Non-compliance notice and 60-day
approval of an education activity or as a period to attain compliance. A member
provider requires payment of an failing to comply will receive a Non-
appropriate fee. Compliance Notice stating the specific
deficiency and will be given sixty (60) days
from the date of notification to explain the
deficiency or otherwise show compliance
Page 78 of 89
with the requirements. Such notice shall counted toward meeting the current
contain, among other things, the following compliance period requirement.
language in capital letters:
Sec. 2. Termination of delinquent listing
YOUR FAILURE TO PROVIDE administrative process. The termination of
ADEQUATE JUSTIFICATION FOR NON- listing as a delinquent member is
COMPLIANCE OR PROOF OF administrative in nature but it shall be
COMPLIANCE WITH THE MCLE
made with notice and hearing by the MCLE
REQUIREMENT BY (INSERT DATE 60
DAYS FROM THE DATE OF NOTICE),
Committee.
SHALL BE A CAUSE FOR LISTING AS A
DELINQUENT MEMBER.
RULE 15
The Member may use this period to attain MANDATORY CONTINUING LEGAL
the adequate number of credit hours for EDUCATION COMMITTEE
compliance. Credit hours earned during
this period may only be counted toward Sec 1. Composition. The MCLE Committee
compliance with the prior compliance shall be composed of five (5) members,
period requirement unless hours in excess namely: a retired Justice of the Supreme
of the requirement are earned, in which Court, as Chair, and four (4) members,
case, the excess hours may be counted respectively, nominated by the IBP, the
toward meeting the current compliance Philippine Judicial Academy, a law center
period requirement. designated by the Supreme Court and
associations of law schools and/or law
professors.
RULE 13 The members of the Committee shall be
CONSEQUENCES OF NON-COMPLIANCE of proven probity and integrity. They shall
be appointed by the Supreme Court for a
Sec. 1. Non-compliance fee. A member who, term of three (3) years and shall receive
ANNEXES
for whatever reason, is in non-compliance such compensation as may be determined
at the end of the compliance period shall by the Court.
pay a non-compliance fee.
Sec. 2. Duty of the Committee. The MCLE
Sec. 2. Listing as delinquent member. Any Committee shall administer and adopt such
member who fails to satisfactorily comply implementing rules as may be necessary
with Section 2 of Rule 12 shall be listed as subject to the approval by the Supreme
a delinquent member by the IBP Board of Court. It shall, in consultation with the IBP
Governors upon the recommendation of the Board of Governors, prescribe a schedule of
MCLE Committee, in which case, Rule 139- MCLE fees with the approval of the
A of the Rules of Court shall apply. Supreme Court.
Sec. 3. Staff of the IBP. The IBP shall

RULE 14 employ such staff as may be necessary to
REINSTATEMENT perform the record-keeping, auditing,
reporting, approval and other necessary
Sec. 1. Process. The involuntary listing as a functions.
delinquent member shall be terminated
when the member provides proof of Sec. 4. Submission of annual budget. The
compliance with the MCLE requirement, IBP shall submit to the Supreme Court an
including payment of non-compliance fee. A annual budget for a subsidy to establish,
member may attain the necessary credit operate and maintain the MCLE Program.
hours to meet the requirement for the This resolution shall take effect in
period of non-compliance during the period October 2000, following its publication in
the member is on inactive status. These two (2) newspaper of general circulation in
credit hours may not be counted toward the Philippines.
meeting the current compliance period
requirement. Credit hours attained during Adopted this 22nd day of August, 2000.
the period of non-compliance in excess of
the number needed to satisfy the prior
compliance period requirement may be
Page 79 of 89
C. BM 2012 quasi-judicial agencies, including but

not limited to the National Labor
BM No. 2012 Relations Commission, National
PROPOSED RULE ON MANDATORY Conciliation and Mediation Board,
LEGAL AID SERVICE FOR PRACTICING Department of Labor and Employment
LAWYERS Regional Offices, Department of
Agrarian Reform Adjudication Board
RESOLUTION and National Commission for
Indigenous Peoples. The term
Acting on the Memorandum dated January “practicing lawyers” shall exclude:
27, 2009 of Justice Renato C. Corona re: (i) Government employees and
Comment of the Integrated Bar of the incumbent elective officials not
Philippines on our Suggested Revisions to allowed by law to practice;
the Proposed Rule of Mandatory Legal Aid (ii) Lawyers who by law are not allowed
Service for Practicing Lawyers, the Court to appear in court;
Resolved to APPROVE the same. (iii) Supervising lawyers of students
This Resolution shall take effect on July 1, enrolled in law student practice in
2009 following publication of the said Rule duly accredited legal clinics of law
and its implementing regulations in at least schools and lawyers of non-
two (2) newspapers of general circulation. governmental organizations (NGOs)
February 10, 2009. and peoples’ organizations (POs) like
the Free Legal Assistance Group
———————– who by the nature of their work
already render free legal aid to
RULE ON MANDATORY LEGAL AID indigent and pauper litigants and
SERVICE (iv) Lawyers not covered under
subparagraphs (i) to (iii) including
SECTION 1. Title. - This Rule shall be those who are employed in the
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known as “The Rule on Mandatory Legal private sector but do not appear for
Aid Service.” and in behalf of parties in courts of
law and quasi-judicial agencies.
SECTION 2. Purpose. – This Rule seeks to (b) Indigent and pauper litigants are those
enhance the duty of lawyers to society as defined under Rule 141, Section 19 of
agents of social change and to the courts as the Rules of Court and Algura v. The
officers thereof by helping improve access to Local Government Unit of the City of
justice by the less privileged members of Naga (G.R. No. 150135, 30 October
society and expedite the resolution of cases 2006, 506 SCRA 81);
involving them. Mandatory free legal service (c) Legal aid cases are those actions,
by members of the bar and their active disputes, and controversies that are
support thereof will aid the efficient and criminal, civil and administrative in
effective administration of justice especially nature in whatever stage wherein
in cases involving indigent and pauper indigent and pauper litigants need legal
litigants. representation;
(d) Free legal aid services refer to
SECTION 3. Scope. – This Rule shall govern appearance in court or quasi-judicial
the mandatory requirement for practicing body for and in behalf of an indigent or
lawyers to render free legal aid services in pauper litigant and the preparation of
all cases (whether, civil, criminal or pleadings or motions. It shall also cover
administrative) involving indigent and assistance by a practicing lawyer to
pauper litigants where the assistance of a indigent or poor litigants in court-
lawyer is needed. It shall also govern the annexed mediation and in other modes
duty of other members of the legal of alternative dispute resolution (ADR).
profession to support the legal aid program Services rendered when a practicing
of the Integrated Bar of the Philippines. lawyer is appointed counsel de
oficio shall also be considered as free
SECTION 4. Definition of Terms. – For legal aid services and credited as
purposes of this Rule: compliance under this Rule;
(a) Practicing lawyers are members of the (e) Integrated Bar of the Philippines (IBP) is
Philippine Bar who appear for and in the official national organization of
behalf of parties in courts of law and lawyers in the country;
Page 80 of 89
(f) National Committee on Legal Aid (NCLA) services in a case. The certificate shall
is the committee of the IBP which is contain the following information:
specifically tasked with handling legal (i) The case or cases where the legal
aid cases; aid service was rendered, the party
(g) Committee on Bar Discipline (CBD) is the or parties in the said case(s) for
committee of the IBP which is whom the service was rendered, the
specifically tasked with disciplining docket number of the said case(s)
members of the Bar; and the date(s) the service was
(h) IBP Chapters are those chapters of the rendered.
Integrated Bar of the Philippines located (ii) The number of hours actually spent
in the different geographical areas of attending a hearing or conducting
the country as defined in Rule 139-A trial on a particular case in the
and court or quasi-judicial body.
(i) Clerk of Court is the Clerk of Court of (iii) The number of hours actually spent
the court where the practicing lawyer attending mediation, conciliation or
rendered free legal aid services. In the any other mode of ADR on
case of quasi-judicial bodies, it refers to a particular case.
an officer holding an equivalent or (iv) A motion (except a motion for
similar position. The term shall also extension of time to file a pleading
include an officer holding a similar or for postponement of hearing or
position in agencies exercising quasi- conference) or pleading filed on a
judicial functions, or a responsible particular case shall be considered
officer of an accredited PO or NGO, or as one (1) hour of service.
an accredited mediator who conducted The Clerk of Court shall issue the
the court-annexed mediation certificate in triplicate, one (1) copy to
proceeding. be retained by the practicing lawyer,
one (1) copy to be retained by the Clerk
SECTION 5. Requirements. – of Court and one (1) copy to be attached
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(a) Every practicing lawyer is required to to the lawyer’s compliance report.
render a minimum of sixty (60) hours of (c) Said compliance report shall be
free legal aid services to indigent submitted to the Legal Aid Chairperson
litigants in a year. Said 60 hours shall of the IBP Chapter within the court’s
be spread within a period of twelve (12) jurisdiction. The Legal Aid Chairperson
months, with a minimum of five (5) shall then be tasked with immediately
hours of free legal aid services each verifying the contents of the certificate
month. However, where it is necessary with the issuing Clerk of Court by
for the practicing lawyer to render legal comparing the copy of the certificate
aid service for more than five (5) hours attached to the compliance report with
in one month, the excess hours may be the copy retained by the Clerk of Court.
credited to the said lawyer for the (d) The IBP Chapter shall, after verification,
succeeding periods. issue a compliance certificate to the
For this purpose, a practicing lawyer concerned lawyer. The IBP Chapter
shall coordinate with the Clerk of Court shall also submit the compliance
for cases where he may render free legal reports to the IBP’s NCLA for recording
aid service. He may also coordinate with and documentation. The submission
the IBP Legal Aid Chairperson of the shall be made within forty-five (45) days
IBP Chapter to inquire about cases after the mandatory submission of
where he may render free legal aid compliance reports by the practicing
service. In this connection, the IBP lawyers.
Legal Aid Chairperson of the IBP (e) Practicing lawyers shall indicate in all
Chapter shall regularly and actively pleadings filed before the courts or
coordinate with the Clerk of Court. quasi-judicial bodies the number and
The practicing lawyer shall report date of issue of their certificate of
compliance with the requirement within compliance for the immediately
ten (10) days of the last month of each preceding compliance period. Failure to
quarter of the year. disclose the required information would
(b) A practicing lawyer shall be required to cause the dismissal of the case and the
secure and obtain a certificate from the expunction of the pleadings from the
Clerk of Court attesting to the number records.
of hours spent rendering free legal aid
Page 81 of 89
(f) Before the end of a particular year, (b) The NCLA shall monitor the activities of
lawyers covered by the category under the Chapter of the Legal Aid Office with
Section 4(a)(i) and (ii), shall fill up a respect to the coordination with Clerks
form prepared by the NCLA which of Court on legal aid cases and the
states that, during that year, they are collation of certificates submitted by
employed with the government or practicing lawyers.
incumbent elective officials not allowed (c) The NCLA shall act as the national
by law to practice or lawyers who by law repository of records in compliance
are not allowed to appear in court. The with this Rule.
form shall be sworn to and submitted to (d) The NCLA shall prepare the following
the IBP Chapter or IBP National Office forms: certificate to be issued by the
together with the payment of an annual Clerk of Court and forms mentioned in
contribution of Two Thousand Pesos Section 5(e) and (g).
(P2,000). Said contribution shall accrue (e) The NCLA shall hold in trust, manage
to a special fund of the IBP for the and utilize the contributions and
support of its legal aid program. penalties that will be paid by lawyers
(g) Before the end of a particular year, pursuant to this Rule to effectively
lawyers covered by the category under carry out the provisions of this Rule.
Section 4(a)(iii) shall secure a For this purpose, it shall annually
certification from the director of the submit an accounting to the IBP Board
legal clinic or of the concerned NGO or of Governors. The accounting shall be
PO to the effect that, during that year, included by the IBP in its report to the
they have served as supervising lawyers Supreme Court in connection with its
in a legal clinic or actively request for the release of the subsidy
participated in the NGO’s or PO’s free for its legal aid program.
legal aid activities. The certification
shall be submitted to the IBP Chapter SECTION 7. Penalties. –
or IBP National Office. (a) At the end of every calendar year, any
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(h) Before the end of a particular year, practicing lawyer who fails to meet the
lawyers covered by the category under minimum prescribed 60 hours of legal
Section 4(a)(iv) shall fill up a form aid service each year shall be required
prepared by the NCLA which states by the IBP, through the NCLA, to
that, during that year, they are neither explain why he was unable to render
practicing lawyers nor covered by the minimum prescribed number of
Section (4)(a)(i) to (iii). The form shall be hours. If no explanation has been given
sworn to and submitted to the IBP or if the NCLA finds the explanation
Chapter or IBP National Office together unsatisfactory, the NCLA shall make a
with the payment of an annual report and recommendation to the IBP
contribution of Four Thousand Pesos Board of Governors that the erring
(P4,000) by lawyer be declared a member of the IBP
way of support for the efforts of who is not in good standing. Upon
practicing lawyers who render approval of the NCLA’s
mandatory free legal aid services. Said recommendation, the IBP Board of
contribution shall accrue to a special Governors shall declare the erring
fund of the IBP for the support of its lawyer as a member not in good
legal aid program. standing. Notice thereof shall be
(i) Failure to pay the annual contribution furnished the erring lawyer and the IBP
shall subject the lawyer to a penalty of Chapter which submitted the lawyer’s
Two Thousand Pesos (P2,000) for that compliance report or the IBP Chapter
year which amount shall also accrue to where the lawyer is registered, in case
the special fund for the legal aid he did not submit a compliance report.
program of the IBP. The notice to the lawyer shall include a
directive to pay Four Thousand Pesos
SECTION 6. NCLA. – (P4,000) penalty which shall accrue to
(a) The NCLA shall coordinate with the the special fund for the legal aid
various legal aid committees of the IBP program of the IBP.
local chapters for the proper handling (b) The “not in good standing” declaration
and accounting of legal aid cases which shall be effective for a period of three (3)
practicing lawyers can represent. months from the receipt of the erring
lawyer of the notice from the IBP Board
Page 82 of 89
of Governors. During the said period, for such subjects as may be prescribed by
the the MCLE Committee under Section 2(g),
lawyer cannot appear in court or any Rule 2 of the Rules on MCLE.
quasi-judicial body as counsel. A lawyer who renders mandatory legal
Provided, however, that the “not in good aid service for the required number of
standing” status shall subsist even after hours in a year for at least two consecutive
the lapse of the three-month period years within the three year-period covered
until and unless the penalty shall have by a compliance period under the Rules on
been paid. MCLE shall be credited the following: one
(c) Any lawyer who fails to comply with his (1) credit unit for legal ethics, one (1) credit
duties under this Rule for at least three unit for trial and pretrial skills, one (1)
(3) consecutive years shall be the credit unit for alternative dispute
subject of disciplinary proceedings to be resolution, two (2) credit units for legal
instituted motu proprio by the CBD. writing and oral advocacy, two (2) credit
The said units for substantive and procedural laws
proceedings shall afford the erring and jurisprudence and three (3) credit units
lawyer due process in accordance with for such subjects as may be prescribed by
the rules of the CBD and Rule 139-B of the MCLE Committee under Section 2(g),
the Rules of Court. If found Rule 2 of the Rules on MCLE.
administratively liable, the penalty of
suspension in the practice of law for one SECTION 9. Implementing Rules. – The IBP,
(1) year shall be imposed upon him. through the NCLA, is hereby given
(d) Any lawyer who falsifies a certificate or authority to recommend implementing
any form required to be submitted regulations in determining who are
under this Rule or any contents thereof “practicing lawyers,” what constitute “legal
shall be administratively charged with aid cases” and what administrative
falsification and dishonesty and shall procedures and financial safeguards which
be subject to disciplinary action by the may be necessary and proper in the
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CBD. This is without prejudice to the implementation of this rule may be
filing of criminal charges against the prescribed. It shall coordinate with the
lawyer. various legal chapters in the crafting of the
(e) The falsification of a certificate or any proposed implementing regulations and,
contents thereof by any Clerk of Court upon approval by the IBP Board of
or by any Chairperson of the Legal Aid Governors, the said implementing
Committee of the IBP local chapter regulations shall be transmitted to the
where the case is pending or by the Supreme Court for final approval.
Director of a SECTION 10. Effectivity. – This Rule and its
legal clinic or responsible officer of an implementing rules shall take effect on July
NGO or PO shall be a ground for an 1, 2009 after they have been published in
administrative case against the said two (2) newspapers of general circulation.
Clerk of Court or Chairperson. This is
without prejudice to the filing of the
criminal
and administrative charges against the
Indigent Clients
malfeasor.
D. RA 6033
SECTION 8. Credit for Mandatory
Continuing Legal Education (MCLE). – A REPUBLIC ACT No. 6033
lawyer who renders mandatory legal aid AN ACT REQUIRING COURTS TO GIVE
service for the required number of hours in PREFERENCE TO CRIMINAL CASES
a year for the three year-period covered by a WHERE THE PARTY OR PARTIES
compliance period under the Rules on INVOLVE ARE INDIGENTS.
MCLE shall be credited the following: two
(2) credit units for legal ethics, two (2) credit Section 1. Any provision of existing law to
units for trial and pretrial skills, two (2) be contrary notwithstanding and with the
credit units for alternative dispute exception of habeas corpus and election
resolution, four (4) credit units for legal cases and cases involving detention
writing and oral advocacy, four (4) credit prisoners, and persons covered by Republic
units for substantive and procedural laws Act Numbered Four thousand nine hundred
and jurisprudence and six (6) credit units eight, all courts shall give preference to the
Page 83 of 89
hearing and/or disposition of criminal his complaint or filed against him. The
cases where an indigent is involved either allowance shall cover actual transportation
as the offended party or accused. The trial expenses by the cheapest means from his
in these cases shall commence within three place of residence to the court and back.
days from date of arraignment and no When the hearing of the case requires the
postponement of the hearings shall be presence of the indigent litigant and/or his
granted except on the ground of illness of indigent witnesses in court the whole day or
the accused or other similar justifiable for two or more consecutive days,
grounds. City and provincial fiscals and allowances may, in the discretion of the
courts shall forthwith conduct the Court, also cover reasonable expenses for
preliminary investigation of a criminal case meal and lodging.
involving an indigent within three days after
its filing and shall terminate the same For the purpose of this Act, indigent
within two weeks. litigants shall include anyone who has no
visible means of income or whose income is
Section 2. As used in this Act, the term insufficient for his family as determined by
"indigent" shall refer to a person who has the Court under Section 2, hereof.
no visible means of income or whose
income is insufficient for the subsistence of Section 2. If the court determines that the
his family, to be determined by the fiscal or petition for transportation allowance is
judge, taking into account the members of meritorious, said court shall immediately
his family dependent upon him for issue an order directing the provincial, city
subsistence. or municipal treasurer to pay the indigent
litigant the travel allowance out of any
Section 3. An indigent who is the offended funds in his possession and proceed
party, respondent or an accused in a without delay to the trial of the case. The
criminal case and who desires to avail of provincial, city or municipal treasurer shall
the preference granted under this Act shall hold any such payments as cash items
ANNEXES
file a sworn statement of the fact of his until reimbursed by the national
being indigent and the said sworn government.
statement shall be sufficient basis for the
court or fiscal to give preference to the trial Section 3. All payments of travel allowances
and disposition of such criminal case. made by provincial, city and municipal
treasurer under this Act as of October 31
Section 4. Any willful or malicious refusal each year, shall be transmitted to the
on the part of any fiscal or judge to carry Commissioner of the Budget not later than
out the provisions of this Act shall November 30 each year for inclusion in the
constitute sufficient ground for disciplinary annual General Appropriations Act. The
action which may include suspension or necessary sum is hereby authorized to be
removal. appropriated out of the funds in the
National Treasury not otherwise
Section 5. This Act shall take effect upon its appropriated.
approval.
Section 4. This Act shall take effect upon its
Approved: August 4, 1969. approval.
Approved: August 4, 1969.
E. RA 6034
F. RA 6035
REPUBLIC ACT No. 6034
AN ACT PROVIDING TRANSPORTATION REPUBLIC ACT No. 6035
AND OTHER ALLOWANCES FOR AN ACT REQUIRING STENOGRAPHERS
INDIGENT LITIGANTS. TO GIVE FREE TRANSCRIPT OF NOTES
TO INDIGENT AND LOW INCOME
Section 1. Any provision of existing law to LITIGANTS AND PROVIDING A PENALTY
the contrary notwithstanding, any indigent FOR THE VIOLATION THEREOF.
litigant may, upon motion, ask the Court
for adequate travel allowance to enable him Section 1. A stenographer who has
and his indigent witnesses to attendant the attended a hearing before an investigating
hearing of a criminal case commenced by fiscal or trial judge or hearing commissioner
Page 84 of 89
of any quasi-judicial body or administrative Section 5. The Department of Justice shall

tribunal and has officially taken notes of prescribe such rules and regulations as
the proceeding thereof shall, upon written may be necessary to carry out the purposes
request of an indigent or low income of this Act, and the Department Head
litigant, his counsel or duly authorized concerned shall provide the necessary
representative in the case concerned, give supplies and authorize the use of
within a reasonable period to be determined government equipment by the
by the fiscal, judge, commissioner or stenographers concerned.
tribunal hearing the case, a free certified
transcript of notes take by him on the case. Section 6. This Act shall take effect upon its
approval.
Section 2. A litigant who desires to avail Approved: August 4, 1969.
himself of the privilege granted under
Section one hereof shall, at the
investigation, hearing, or trial, establish his G. PD 543
status as an indigent or low income litigant
and the investigating fiscal or judge or PRESIDENTIAL DECREE No. 543
commissioner or tribunal hearing the case August 21, 1974
shall resolve the same in the same
proceeding. AUTHORIZING THE DESIGNATION OF
MUNICIPAL JUDGES AND LAWYERS IN
For the purpose of this Act, an "indigent or ANY BRANCH OF THE GOVERNMENT
low income litigant" shall include anyone SERVICE TO ACT AS COUNSEL DE
who has no visible means of support or OFICIO FOR THE ACCUSED WHO ARE
whose income does not exceed P300 per INDIGENT IN PLACES WHERE THERE
month or whose income even in excess of ARE NO AVAILABLE PRACTICING
P300 per month is insufficient for the ATTORNEYS
subsistence of his family, which fact shall
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be determined by the investigating fiscal or WHEREAS, under existing law, Municipal
trial judge or commissioner or tribunal Judges and other lawyers in the
hearing the case taking into account the government service are prohibited from
number of the members of his family practicing law;
dependent upon him for subsistence.
WHEREAS, there are some places where
Section 3. Any stenographer who, after due there are no available legal practitioners, as
hearing in accordance with the pertinent a result of which the trial of cases in court
provisions of Republic Act No. 2260, as is delayed to the prejudice particularly of
amended, has been found to have violated detention prisoners;
the provisions of Section one of this Act or
has unreasonable delayed the giving of a WHEREAS, for the protection of the rights
free certified transcript of notes to an of the accused who cannot afford to hire
indigent or low income litigant shall be lawyers from other places and to prevent
subject to the following disciplinary actions: miscarriage of justice, it is necessary that
(a) suspension from office for a period not they be provided with counsel;
exceeding thirty (30) days upon finding of
guilt for the first time; NOW, THEREFORE, I, FERDINAND E.
(b) suspension from office for not less than MARCOS, President of the Philippines, by
thirty (30) days and not more than sixty virtue of the powers in me vested by the
(60) days upon finding of guilt for the Constitution as commander-in-Chief of the
second time; and Armed Forces of the Philippines, and
(c) removal from office upon finding of guilt pursuant to Proclamation No. 1081, dated
for the third time. September 21, 1972, and General Order
No. 1, dated September 22, 1972, as
Section 4. This Act shall apply to all amended, do hereby order and decree as
indigent or low income litigants who, at the follows:
time of its approval, have pending cases in
any fiscal office, court, or quasi-judicial Section 1. Designation of Municipal Judges
body or administrative tribunal. and lawyers in any branch of the
government service, as counsel de oficio. In
places where there are no available
Page 85 of 89
practicing lawyers, the District Judge or Special Law on Retired Justices

Circuit Criminal Court Judge shall and Judges
designate a municipal judge or a lawyer
employed in any branch, subdivision or
H. RA 910
instrumentality of the government within
the province, as counsel de oficio for an
indigent person who is facing a criminal REPUBLIC ACT NO. 910
charge before his court, and the services of AN ACT TO PROVIDE FOR THE
such counsel de oficio shall be duly RETIREMENT OF JUSTICES OF THE
compensated by the Government in SUPREME COURT AND OF THE COURT
accordance with Section thirty-two, Rule OF APPEALS, FOR THE ENFORCEMENT
One Hundred Thirty Eight of the Rules of OF THE PROVISIONS HEREOF BY THE
Court. GOVERNMENT SERVICE INSURANCE
SYSTEM, AND TO REPEAL
If the criminal case wherein the services of COMMONWEALTH ACT NUMBERED FIVE
a counsel de oficio are needed is pending HUNDRED AND THIRTY-SIX
before a City or municipal court, the city or
municipal judge concerned shall Section 1. When a Justice of the Supreme
immediately recommend to the nearest Court or of the Court of Appeals who has
District Judge the appointment of a counsel rendered at least twenty years' service
de oficio, and the District Judge shall either in the judiciary or in any other
forthwith appoint one in accordance with branch of the Government, or in both, (a)
the preceding paragraph. retires for having attained the age of
seventy years, or (b) resigns by reason of
For purposes of this Decree an indigent his incapacity to discharge the duties of his
person is anyone who has no visible means office, he shall receive during the residue of
of support or whose income does not exceed his natural life, in the manner hereinafter
P300 per month or whose income even in provided, the salary which he was receiving
at the time of his retirement or resignation.
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excess of P300 is insufficient for the
subsistence of his family, which fact shall And when a Justice of the Supreme Court
be determined by the Judge in whose court or of the Court of Appeals has attained the
the case is pending, taking into account the age of fifty-seven years and has rendered at
number of the members of his family least twenty-years' service in the
dependent upon him for subsistence. Government, ten or more of which have
been continuously rendered as such
Section 2. Repealing Clause. All laws and Justice or as judge of a court of record, he
decrees inconsistent with this Decree are shall be likewise entitled to retire and
hereby repealed. receive during the residue of his natural
life, in the manner also hereinafter
Section 3. Effectivity. This Decree shall take prescribed, the salary which he was then
effect immediately. receiving. It is a condition of the pension
provided for herein that no retiring Justice
DONE in the City of Manila, this 21st day of during the time that he is receiving said
August, in the year of Our Lord, nineteen pension shall appear as counsel before any
hundred and seventy-four. court in any civil case wherein the
Government or any subdivision or
instrumentality thereof is the adverse party,
or in any criminal case wherein and officer
or employee of the Government is accused
of an offense committed in relation to his
office, or collect any fee for his appearance
in any administrative proceedings to
maintain an interest adverse to the
Government, insular, provincial or
municipal, or to any of its legally
constituted officers.
Section 2. In case a Justice of the Supreme

Court or of the Court of Appeals dies while
in actual service, his heirs shall receive a
lump sum amounting to the salary that
Page 86 of 89
said Justice was receiving at the time of his unless from the month following the
demise for five years if by reason of his approval of this Act, in case of an actual
length of service in the Government he were Justice of any of said courts, or from the
already entitled to the benefits of this Act; month following his appointment, and
otherwise his heirs shall only receive a qualification as such Justice, in case of
lump sum equivalent to his last salary for future appointment, he shall have
two years, in addition to a reimbursement contributed to the funds of the System by
of all premiums that he may have paid paying a monthly premium of fifty pesos.
under this Act. The same benefits provided
in this Section shall be extended to any Section 6. Commonwealth Act Numbered
incumbent Justice of the Supreme Court or Five hundred and thirty-six and any other
of the Court of Appeals who, without having provision in conflict with this Act are
attained the length of service required in hereby repealed.
section one hereof, shall have to retire upon
reaching the age of seventy years, or for Section 7. This Act shall take effect upon
other causes, such as illness, to be certified its approval.
to by the tribunal to which the Justice
concerned belongs, which render him Approved: June 20, 1953
incapacitated to continue in his position.
Section 3. Upon retirement a Justice of the I. PD 1438

Supreme Court or of the Court of Appeals
shall be automatically entitled to a lump PRESIDENTIAL DECREE NO. 1438
sum payment of the monthly salary that AMENDING REPUBLIC ACT 910
said Justice was receiving at the time of his PROVIDING FOR THE RETIREMENT OF
retirement for five years, and thereafter JUSTICES AND ALL JUDGES IN THE
upon survival after the expiration of this JUDICIARY AS AMENDED
period of five years, to a further annuity
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payable monthly during the residue of his WHEREAS, Justices and Judges are
natural life equivalent to the amount of the granted transportation, living and
monthly salary he was receiving on the date representation allowances from national
of his retirement. and/or local funds as authorized by
existing laws, rules and regulations;
Section 4. A retiring Justice who is entitled
to the benefits of any prior retirement WHEREAS, said allowances are not
gratuity Act shall have the option to choose included in the computation of the
between the benefits in such Act and those retirement benefits of Justices and Judges,
herein provided for, and in such case he although they constitute integral part of
shall be entitled only to the benefits so their remuneration; and
chosen: Provided, however, That a Justice
retired under any prior Act and who is WHEREAS, Justices and Judges, in view of
thereafter appointed to the Supreme Court the highly sensitive nature of their offices
or to the Court of Appeals, shall be entitled should be able, as much as possible, to
to the benefits of this Act on condition that, perform their official duties free from any
in case he has not fully refunded to the anxiety of financial strain or stress in their
Government the gratuity previously future lives and activity as private citizens.
received by him, there shall be deducted
from the amount payable to him under this NOW, THEREFORE, I, FERDINAND E.
Act such monthly installments as are MARCOS, President of the Philippines, by
required in section six of Act Numbered virtue of the powers vested in me by the
Four thousand and fifty-one, as amended, Constitution do hereby order and decree:
until the gratuity already received by him
shall have been refunded in full. Section 1. Section 2 and 3 of R.A. 910 as
amended by R.A. 5095 are hereby amended
Section 5. The Government Service to read as follows:
Insurance System shall take charge of the
enforcement and operation of this Act, and "Sec. 2. In case of a justice of the
no Justice of the Supreme Court or of the Supreme Court or Court of Appeals or a
Court of Appeals shall be entitled to receive judge of the Court of First Instance, Circuit
any gratuity or pension herein provided Criminal Court, Agrarian Relations, Tax
Page 87 of 89
Appeals, Juvenile and Domestic Relations, amendatory act is hereby authorized to be

city or municipal court, or any other court appropriated.
hereafter established, dies while in actual
service, his heirs shall receive a lump sum Section 3. This Decree shall take effect
of five years gratuity computed on the basis immediately.
of the highest monthly salary plus the
highest monthly aggregate of Done in the City of Manila, this 10th day of
transportation, living and representation June, in the year of Our Lord, nineteen
allowances received by him as such Justice hundred and seventy-eight.
or Judges, if by reason of his length of
service in the Government he was already
entitled to the benefits of this Act. The same Law on Obstruction of Justice
benefits provided for in this section shall be
extended to any incumbent justice of the J. PD 1829
Supreme Court or the Court of Appeals, or
a judge of the Court of First Instance, PRESIDENTIAL DECREE No. 1829
Circuit Criminal Court, Agrarian Relations, PENALIZING OBSTRUCTION OF
Tax Appeals, Juvenile and Domestic APPREHENSION AND PROSECUTION OF
Relations, or city or municipal court, or any CRIMINAL OFFENDERS
other court hereafter established, as the
case may be, who, without having attained WHEREAS, crime and violence continue to
the length of service required in Section one proliferate despite the sustained vigorous
hereof shall have to retire upon reaching efforts of the government to effectively
the age of sixty five years, or upon other contain them;
causes, such illness or permanent physical
disability, to be certified to by the tribunal WHEREAS, to discourage public
to which the justice concerned belongs, or indifference or apathy towards the
by the Supreme Court in the case of an apprehension and prosecution of criminal
ANNEXES
incumbent judge of the Court of First offenders, it is necessary to penalize acts
Instance, and other similar courts of which obstruct or frustrate or tend to
record, or a city or municipal judge, which obstruct or frustrate the successful
render him incapacitated to continue in his apprehension and prosecution of criminal
position." offenders;
"Sec. 3. Upon retirement, a justice of the NOW, THEREFORE, I, FERDINAND, E.

Supreme Court or of the Court of Appeals, MARCOS, President of the Philippines, by
of a judge of the Court of First Instance, virtue of the powers vested in me by law do
Circuit Criminal Court, Agrarian Relations, hereby decree and order the following:
Tax Appeals, Juvenile and Domestic
Relations, city or municipal court, or any Section 1. The penalty of prision
other court hereafter established shall be correccional in its maximum period, or a
automatically entitled to a lump sum of five fine ranging from 1,000 to 6,000 pesos, or
year gratuity computed on the basis of both, shall be imposed upon any person
highest monthly salary plus the highest who knowingly or willfully obstructs,
monthly aggregate of transportation, living impedes, frustrates or delays the
and representation allowances he was apprehension of suspects and the
receiving on the date of his retirement; investigation and prosecution of criminal
Provided, however, That if the reason for cases by committing any of the following
the retirement be any permanent disability acts:
contracted during his incumbency in office (a) preventing witnesses from testifying in
and prior to the date of retirement he shall any criminal proceeding or from
receive only a gratuity equivalent to ten reporting the commission of any offense
years' salary and allowances or the identity of any offender/s by
aforementioned with no further annuity means of bribery, misrepresentation,
payable monthly during the rest of the deceit, intimidation, force or threats;
retiree's natural life." (b) altering, destroying, suppressing or
concealing any paper, record,
Section 2. Such sum as may be document, or object, with intent to
necessary to carry out the purposes of this impair its verity, authenticity, legibility,
availability, or admissibility as evidence
Page 88 of 89
in any investigation of or official prevent such person from appearing in

proceedings in, criminal cases, or to be the investigation of, or official
used in the investigation of, or official proceedings in, criminal cases, or
proceedings in, criminal cases; imposing a condition, whether lawful or
(c) harboring or concealing, or facilitating unlawful, in order to prevent a person
the escape of, any person he knows, or from appearing in the investigation of or
has reasonable ground to believe or in official proceedings in, criminal
suspect, has committed any offense cases;
under existing penal laws in order to (i) giving of false or fabricated information
prevent his arrest prosecution and to mislead or prevent the law
conviction; enforcement agencies from
(d) publicly using a fictitious name for the apprehending the offender or from
purpose of concealing a crime, evading protecting the life or property of the
prosecution or the execution of a victim; or fabricating information from
judgment, or concealing his true name the data gathered in confidence by
and other personal circumstances for investigating authorities for purposes of
the same purpose or purposes; background information and not for
(e) delaying the prosecution of criminal publication and publishing or
cases by obstructing the service of disseminating the same to mislead the
process or court orders or disturbing investigator or to the court.
proceedings in the fiscal's offices, in If any of the acts mentioned herein is
Tanodbayan, or in the courts; penalized by any other law with a higher
(f) making, presenting or using any record, penalty, the higher penalty shall be
document, paper or object with imposed.
knowledge of its falsity and with intent
to affect the course or outcome of the Section 2. If any of the foregoing acts is
investigation of, or official proceedings committed by a public official or employee,
in, criminal cases; he shall in addition to the penalties
ANNEXES
(g) soliciting, accepting, or agreeing to provided thereunder, suffer perpetual
accept any benefit in consideration of disqualification from holding public office.
abstaining from, discounting, or
impeding the prosecution of a criminal Section 3. This Decree shall take effect
offender; immediately.
(h) threatening directly or indirectly
another with the infliction of any wrong Done in the City of Manila, this 16th day of
upon his person, honor or property or January, in the year of Our Lord, nineteen
that of any immediate member or hundred and eighty-one.
members of his family in order to
- end of Legal Ethics -
Page 89 of 89

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FACULTY-STUDENT EDITORIAL BOARD AND LECTURES COMMITTEE

CHAPTER I. LEGAL PROFESSION

SC has the inherent power to integrate the

I. Supervision and Control Padilla (dissent in Cayetano v. Monsod):

CHAPTER I. LEGAL PROFESSION

4) Attorney-client relationship – hence for  Shari’a lawyers are not considered

 Congress has no power to regulate the Requirements for Admission to

CHAPTER I. LEGAL PROFESSION

3. Age SC may deny lawyer’s oath-taking based

Must have completed courses in: E. SUBJECTS (Sec. 11)

CHAPTER I. LEGAL PROFESSION

CHAPTER I. LEGAL PROFESSION

I will delay no man for money or malice, and

Violators will be punished by  In Re: Argosino, 270 SCRA 26 1997

7. Lawyer’s Oath Statutory Basis

1. Law Students Administrative tribunals – only if they

CHAPTER I. LEGAL PROFESSION

V. Prohibition from Practice VI. Notarial Practice

CHAPTER I. LEGAL PROFESSION

REMEDIES AGAINST UNAUTHORIZED COMMISSION

AUTHORITY OF THE NOTARY 4) any place where a party to the

CHAPTER I. LEGAL PROFESSION

What to notarize Required entries:

For vendors, the sale of the seal may only

CHAPTER I. LEGAL PROFESSION

For buyers, a certified copy of the

The act of a lawyer notarizing a Special

A lawyer is guilty of misconduct in the

CHAPTER II. CODE OF

on behalf of an indigent accused. He has a 4) Duties to the Client

CHAPTER II. CODE OF

FOUR-FOLD DUTIES OF A LAWYER UNLAWFUL CONDUCT

CHAPTER II. CODE OF

CHAPTER II. CODE OF

MALPRACTICE o listing in telephone directory but not

CHAPTER II. CODE OF

CHAPTER II. CODE OF

1) To self for continued improvement of CANON 6 - THESE CANONS SHALL

CHAPTER II. CODE OF

CHAPTER II. CODE OF

How a Government Lawyer Leaves On retired judges and justices

CHAPTER II. CODE OF

initio and awaiting judicial declaration of PROFESSIONAL COLLEAGUES, AND

CHAPTER II. CODE OF

CHAPTER II. CODE OF

CHAPTER II. CODE OF

CANON 11 - A LAWYER SHALL OBSERVE at the same time a disrespect to the

CHAPTER II. CODE OF

administrative supervision over all courts o The postponement of the pre-trial or

CHAPTER II. CODE OF

CHAPTER II. CODE OF

o To be protected from irrelevant, Grievances must be coursed through the

CHAPTER II. CODE OF

CHAPTER II. CODE OF

V. Lawyer’s Duties to the Client RETAINER

P.D. 543 (1974) authorized the designation of

CHAPTER II. CODE OF

all due diligence and zeal. By volunteering Exceptions to privilege (Aguirre):

CHAPTER II. CODE OF

2) When the acceptance of the new relations confidences. (Regala v. Sandiganbayan,

CHAPTER II. CODE OF