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Legal Ethics Reviewer persons of good moral character with special

qualifications duly ascertained and certified (In


Here are the Magic 8 areas which you would need to Re: Ozatea).
review for Legal Ethics: NOTE: The possession of good moral
(a) Lawyer’s Oath (MEMORIZE); character is continuous, that is, even after
(b) Rule 138 of RC Sections 2, 5 and 6 admission to the Bar the lawyer must possess
(Qualifications); good moral character.
(c) CPR for Lawyers (I suggest you memorize
the Canons by heart and then as for the Law as a profession, not a business or trade
specific rules there are some na mabenta - The practice of law is a profession, it is not a
sa bar exams which I have observed by money making trade. Practice of law is a
answering the Q&As); profession and not a business as it is an
(d) Rule 138 – A of the RC; essential part in the administration of justice, a
(e) Rule 139 – B of the RC; profession in pursuit of which pecuniary reward
(f) Rule 137 on the Mandatory and is considered as merely incidental, it is a pursuit
Discretionary Disqualification of learned art in the interest of public service.
(g) Rule 140 of RC on the Discipline of
Judges QUALIFICATIONS FOR ADMISSION TO THE BAR
(h) Code of Judicial Conduct (old and new)  Citizen of the PH;
 At least 21;
 Of good moral character;
NOTE:  Resident of the PH;
This is my personal notes when I took the Bar and I  Must produce before the Supreme Court
based it on the Syllabus. I updated it already to satisfactory evidence of good moral character;
conform with the 2018 Bar Syllabus. But then this  No charges against him involving moral
may not be perfect for your review; as such you can turpitude has been filed or pending in any court
treat this is as a supplement for your studies. I have in the PH;
included the Canons and the Code of Judicial  ADDITIONAL ACADEMIC REQUIREMENTS
Conduct here. But the ones for judges I have not UNDER BM NO. 1153 (amending Sec 5 and 6
included it (So get your codal and memorize it by of Rule 138)1:
heart, pramis it helps). This is my personal notes. I o Regularly studied law for 4 years
have not included the lecture notes kasi baka o Pre-law degree in BA or BS and 4 years
maguluhan pa kayo. Also practical exercises are not in HS)
included para ipractice niyo. God bless you as you  Pass the Bar Examinations
take the #RoadToBar2018 #BALLPEN  Take the Lawyer’s Oath and sign the Roll of
Attorneys

PRACTICE OF LAW
1
Means any activity in or out of court which SEC. 5. Additional Requirement for Other Applicants. — All
requires the application of law, legal procedure, applicants for admission other than those referred to in the two
preceding sections shall, before being admitted to the examination,
knowledge, training and experience. To engage in satisfactorily show that they have successfully completed all the
the practice of law is to perform the acts which are prescribed courses for the degree of Bachelor of Laws or its equivalent
characteristics of the profession. Generally, to degree, in a law school or university officially recognized by the
Philippine Government or by the proper authority in the foreign
practice law is to give notice or render any kind of jurisdiction where the degree has been granted.
service, which device or service requires in any
degree the use of legal knowledge or skill No applicant who obtained the Bachelor of Laws degree in this
jurisdiction shall be admitted to the bar examination unless he or she
(Cayetano vs Monsod). has satisfactorily completed the following course in a law school or
university duly recognized by the government: civil law, commercial
The tests in the practice of law are: HACA law, remedial law, criminal law, public and private international law,
political law, labor and social legislation, medical jurisprudence,
(a) Habituality; taxation and legal ethics.
(b) Application of legal knowledge;
A Filipino citizen who graduated from a foreign law school shall be
(c) Compensation; and admitted to the bar examination only upon submission to the Supreme
(d) Attorney-client relationship. Court of certifications showing: (a) completion of all courses leading to
the degree of Bachelor of Laws or its equivalent degree; (b) recognition
or accreditation of the law school by the proper authority; and (c)
 The spirit of public service should therefore underlie completion of all the fourth year subjects in the Bachelor of Laws
all legal aid service. academic program in a law school duly recognized by the Philippine
 Practice of law includes teaching as per Vinuya Government.
Case. SEC. 6.Pre-Law. — An applicant for admission to the bar examination
shall present a certificate issued by the proper government agency
The practice of law is a privilege NOT a right that, before commencing the study of law, he or she had pursued and
satisfactorily completed in an authorized and recognized university or
- The practice of law is imbued with public college, requiring for admission thereto the completion of a four-year
interest as such it is a privilege and not a right high school course, the course of study prescribed therein for a
which can be demanded. bachelor's degree in arts or sciences.
- Practice of law is not a right granted to anyone A Filipino citizen who completed and obtained his or her Bachelor of
who demands it but a privilege to be extended Laws degree or its equivalent in a foreign law school must present
or withheld in the exercise of sound judicial proof of having completed a separate bachelor's degree course.
discretion. More specifically it is limited to
ANJ Notes for the 2018 Bar
#BALLPEN
“I can do all things through Christ who gives me strength.” –Philippians 4:13
2

NOTE: the taking of the lawyer’s oath and It is a rule which allows a law student who
signing in the roll is PERSONAL to the has completed third year of the regular four-
person. Until and unless you took the oath year prescribed law curriculum and is enrolled
and signed the roll you will not become a in a recognized law school’s clinical legal
FULL PLEDGED LAWYER. If a person dies education program approved by the Supreme
prior to doing this two other requirements Court, may appear without compensation in
even if he passed the bar he will not be any criminal, civil or administrative case
considered as a MEMBER OF THE PH before any court, tribunal, board or officer, to
BAR. represent indigent clients accepted by the
legal clinic of the law school.
NOTE: those in boxes are the qualifications to TAKE
THE BAR EXAMS. The qualifications in order to be The student shall be under the direct
admitted to the practice of law are those in boxes supervision and control3 of a member of the
then add the two with checks.  IBP duly accredited by the law school if he
appears in the RTC and without such
Take note that GOOD MORAL CHARACTER IS A supervision if he appears in an inferior court.
CONTINUING REQUIREMENT. One must not just
be of good moral character he must also appear to be Rule 138 Section 34 of RC allows the
of good moral character. appearance in inferior courts (MTC) of a party
to conduct his litigation in person, with the aid
CITIZENSHIP as A CONTINUING REQUIREMENT of an agent or friend appointed by him for that
- The practice of all professions in the PH shall be purpose, or with the aid of an attorney. The
limited to FILIPINO CITIZENS. Hence, the loss law student may appear without his
of PH Citizenship ipso jure terminates the supervising attorney as an agent or friend of
privilege to practice law in the PH. the party-litigant but only in the MTC.
- Pursuant to 9225 (Citizenship Retention and
Re-acquisition Act of 2003), a Filipino lawyer (2) Non-lawyers in Court
who becomes a citizen of another country is A party may conduct his case or litigation in
deemed never to have lost his PH citizenship if person with the aid of an agent or friend
he reacquires the same under 9225. appointed by him. However, while a party-
Nevertheless, his right to practice law does not litigant can represent himself, he cannot
automatically accrue. He must first secure appear through an agent who is not an
authority from the SC upon compliance if certain attorney-at-law (Lichauco vs Alejandrino).
conditions such as:
o Update and full payment of annual MY INTERPRETATION: if party-litigant and
membership dues to the IBP; self ang irerepresnt or aid langs pwedeng
o Payment of professional tax; hindi attorney pero if he will be appointed an
o Completion of at least 36 credit hours of agent the agent must be an attorney.
MCLE;
o Retaking the lawyer’s oath In criminal cases before the MTC, non-
lawyers may appear where a duly licensed
BENEFITS/PRIVILEGES of Being a Lawyer2 member of the bar is not available provided
(a) Right to practice law; that the non-lawyer is a resident of that
(b) The right to be called an attorney province and of good repute for probity and
(c) Membership in the IBP ability to defend the accused.
(d) The rank of officer of the court and its privileges
A party may conduct his litigation
(e) Automatic qualification in appointment in the personally but if gets someone to aid him, that
government with the requirement of membership someone must be an authorized member of
in the Bar the Bar (see Sec 34 Rule 138).
(f) Appointment to the SC and the Judiciary
(g) You alone can be a notary public A non-lawyer may represent a claimant
(h) You alone can teach law subjects in law schools before the cadastral court.
(i) Entry to the roll of attorneys.

APPEARANCE OF NON-LAWYERS LIMITATIONS on the Appearance:


(a) Confine his work on non-adversary
GENERAL RULE: contentions;
Only those who are licensed to practice law can (b) Services should NOT be regularly
appear and handle cases. engaged;
EXCEPTIONS: (c) He should not be collecting attorney’s
fees.
(1) Law Student Practice Rule 138-A
2
This is the answer to the question what are the effects of the
3
disbarment (these privileges will be lost) or reinstatement Refers to the physical presence of the supervising lawyer
(these privileges will be reacquired). during ALL the hearing.

Deng Notes for the 2018 Bar


#BALLPEN
“I can do all things through Christ who gives me strength.” –Philippians 4:13
3

(3) Lawyers in Administrative Tribunals the body or authority which he served during his
Non-lawyers may appear before the NLRC public employment.
or any Labor Arbiter if they represent (a) Public officials who cannot practice law or those
themselves or (b) their organizations or with restrictions:
members thereof.
Question: Are lawyers who are public officials
PROCEEDINGS WHERE LAWYERS ARE allowed to practice law?
PROHIBITED FROM APPEARING:
(a) In all Katarungang Pambarangay Proceedings Answer:
(Sec 415, RA 7610), a person must appear No. Under Sectuon 7b2 of RA 6713 (An Act
without the assistance of a counsel or Establishing a Code of Conduct and Ethical
representatives, minors/incompetents may be Standards for Public Officials and Employees), in
represented by their next-of-kin who are not addition to acts and omissions of public officials
lawyers. and employees now prescribed in the Constitution
and existing laws, public officials and employees
(b) Under the Indigenous Peoples Rights Act of during their incumbency shall not engage in the
1997, lawyers are prohibited to appear for any private practice of their profession unless
party as counsel (before the National authorized by the Constitution or law provided that
Commission for Indigenous Peoples or such practice will not conflict or tend to conflict
disputes of Indigenous Peoples among with their official functions.
themselves) except when such lawyer is
appearing as a member of the IP community The professional concerned cannot practice
or for the purpose of defending his or her his profession in connection with any matter
case. before the office he used to be with for a period of
(c) Under the Rules of Procedure for Small one year after resignation, retirement or
Claims cases unless the lawyers is the plaintiff separation from public office.
or defendant.
GENERAL RULE:
SANCTIONS FOR PRACTICE OR APPEARANCE The practice of profession is allowed immediately
WITHOUT AUTHORITY: after leaving public service.
(a) Petition for Injuction
(b) Contempt of Court EXCEPTION:
(c) Criminal complaint for Estafa against a person In any matter before the office the lawyer used to
who falsely represented himself to be an be with subject to:
attorney to the damage of a party (a) DID NOT INTERVENE -> 1 year under RA
(d) Disqualification and complaints for disbarment 6713
(e) Administrative complaint against the erring (b) INTERVENED -> perpetual under CPR
lawyer or government official
(f) Suspension. PUBLIC OFFICIALS SPECIFICALLY NOT
ALLOWED TO PRACTICE LAW:
*An attorney willfully appearing in court for a person (a) Judges and other officials or employees of the
without being employed (without authority) unless by superior court;
leave of court, may be punished for contempt as an (b) Officials and employees of the Solicitor General;
officer of the court who has misbehaved in his official (c) Government prosecutors;
transaction. (d) President, vice-president, members of the
cabinet, their deputies and assistants;
SHYSTER is a non-lawyer pretending to be a lawyer. (e) Chairmen and members of the Constitutional
A person may be punished for indirect contempt for Commissions;
assuming to be a lawyer or an officer of a court and (f) Ombudsman and his deputies;
acing without such authority. (g) Governors, city and municipal mayors;
(h) Civil service officers or employees whose duties
PUBLIC OFFICIALS AND THE PRACTICE OF LAW require them to devote their entire time at the
disposal of the government;
Prohibitions or disqualifications of Former (i) Those who, by special law, are prohibited from
government attorneys engaging in the practice of their legal profession
Under Rule 6.03 of the Canons of Professional but if so authorized by their department head,
Responsibility (CPR), a lawyer shall not after leaving he may, in an isolated case, act as counsel for a
government service accept engagement or relative or close family friend.
employment in connection with any matter in which he
had intervened while in the said service. PUBLIC OFFICIALS WHO ARE WITH
RESTRICTIONS TO PRACTICE LAW:
This covers “engagement or employment” which (a) Senators and Members of the House of
means that he cannot accept any work or employment Representatives;
from anyone that will involve to the matter which he (b) Members of the Sanggunian;
had intervened as a public official except on behalf of (c) Retired judge or justice;

Deng Notes for the 2018 Bar


#BALLPEN
“I can do all things through Christ who gives me strength.” –Philippians 4:13
4

(d) Civil service officers or employees whose duty *Civil service employees who duty does not require
does not require his entire time to be at the their entire time to the government may not engage in
disposal of the government without permit from the practice of law without the written permit from the
their respective department heads; head of the department concerned. However,
government officials who, by express mandate of the
*A lawyer-member of the legislature is prohibited from law are prohibited from practicing law even with the
appearing as counsel before any courts of justice, consent of the department head, he may, in isolated
electoral tribunals, quasi-judicial and administrative cases, act as counsel for a relative or a close family
bodies. The word appearance includes not only friend.
arguing a case before any such but also filing a
pleading on behalf of a client as by simply filing a * Not all public officials are prohibited to practice law.
motion, plea or answer. While certain local elective officials are expressly
subjected to a total or partial proscription to practice
*He cannot also allow another person to sign in his their profession or engage in any occupation no such
behalf or his name to appear therein. He cannot do interdiction is made on the punong barangay and the
indirectly what the Constitution prohibits directly. members of the sanguniang barangay. Absent any
prohibition, they are presumed allowed to practice
RESTRICITIONS IN THE PRACTICE OF THE law. However, they are required to procure prior
MEMEBERS OF THE SANGGUNIAN permission or authorization from the head of his
department as required by the Civil Service
(a) Appear as counsel before any court in any regulations.
case wherein the LGU or office, agency or
instrumentality of the government is the THE FOLLOWING ARE AUTHORIZED TO
adverse party; REPRESENT THE GOVERNMENT:
(b) In criminal cases wherein an officer or (a) Solicitor General;
employee of the national or LGU is accused of (b) Assistant Solicitor General;
an offense committed in relation to his office; (c) Solicitor and trial attorney;
(c) Collect appearance fee for their appearance in (d) State prosecutors or special counsel in the
administrative proceedings involving the LGU DOJ;
which he is an official; (e) Provincial and city prosecutors, their
assistants and other attorneys in other legal
(d) Use of property and personnel of the offices of the government;
government except when the Sanggunian (f) Any official or other person appointed or
member concerned is defending the interest designated in accordance with law to appear
of the government. for the government of the Philippines or any of
its officials.
RESTRICTIONS IN THE PRACTICE OF LAW OF
RETIRED JUDGES/JUSTICES: *The duty of a prosecutor is not to convict but to
“…No retiring judge or justice of the courts mentioned ensure that justice is done (Rule 6.01).
in this act or his/her spouse receiving the benefits of
this Act during the time that he/she is receiving said *A lawyer in the government service shall not use his
pension shall appear as counsel before any court in: public position to promote or advance his private
(a) Any civil case wherein the government or any interests to interfere with his public duties (Rule 6.02).
of its subdivision or instrumentality thereof is
an adverse party; LAWYER’S OATH
(b) Any criminal case wherein an incumbent or I, _______, do solemnly swear that I will maintain
former officer or employee of the government allegiance to the Republic of the Philippines; I will
is accused of an offense committed in relation support its Constitution and obey the laws as well
to his office; as the legal orders of the duly constituted
(c) Collect any fee or appearance in any authorities therein; I will do no falsehood nor
administrative proceeding to maintain an consent to the doing of any in court; I will not
interest if the government. wittingly nor willingly promote or sue any
groundless, false or unlawful suit nor give aid nor
*Incumbent justice/justice CANNOT engage in the consent to the same. I will delay no man for
practice. money or malice, and I will conduct myself as a
lawyer to the best of my knowledge and discretion
*A retired judge/justice is allowed save in the three (3) with all good fidelity as well to the courts as to my
restrictions enumerated above. clients; and I impose upon myself this voluntary
obligation without any mental reservation or
*Also as a condition, a retiring judge/justice or his/her purpose of evasion. So help me God.
spouse entitled to the benefits of the Act shall assume
an elective office, shall not, upon his assumption of *The lawyer’s oath is a source of obligation and its
office and during his/her term receive the monthly violation is a ground for suspension, disbarment or
pensions due to him/her. other disciplinary action.

FOUR-FOLD DUTY OF A LAWYER

Deng Notes for the 2018 Bar


#BALLPEN
“I can do all things through Christ who gives me strength.” –Philippians 4:13
5

A lawyer has a duty to (a) the society; (b) the legal undignified, self-laudatory or unfair statement or claim
profession; (c) the courts; and (d) the client. regarding his qualifications or legal services.

Rule 3.02 - In the choice of a firm name, no false,


CODE OF PROFESSIONAL RESPONSIBILITY4
misleading or assumed name shall be used. The
continued use of the name of a deceased partner is
CHAPTER I. THE LAWYER AND SOCIETY
permissible provided that the firm indicates in all its
communications that said partner is deceased.
CANON 1 - A LAWYER SHALL UPHOLD THE
CONSTITUTION, OBEY THE LAWS OF THE LAND
AND PROMOTE RESPECT FOR LAW OF AND Rule 3.03 - Where a partner accepts public office, he
LEGAL PROCESSES. shall withdrawal from the firm and his name shall be
dropped from the firm name unless the law allows him
to practice law currently.
Rule 1.01 - A lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct.
Rule 3.04 - A lawyer shall not pay or give anything of
Rule 1.02 - A lawyer shall not counsel or abet value to representatives of the mass media in
activities aimed at defiance of the law or at lessening anticipation of, or in return for, publicity to attract legal
confidence in the legal system. business.

CANON 4 - A LAWYER SHALL PARTICIPATE IN


Rule 1.03 - A lawyer shall not, for any corrupt motive
THE DEVELOPMENT OF THE LEGAL SYSTEM BY
or interest, encourage any suit or proceeding or delay
INITIATING OR SUPPORTING EFFORTS IN LAW
any man's cause.
REFORM AND IN THE IMPROVEMENT OF THE
ADMINISTRATION OF JUSTICE.
Rule 1.04 - A lawyer shall encourage his clients to
avoid, end or settle a controversy if it will admit of a CANON 5 - A LAWYER SHALL KEEP ABREAST OF
fair settlement. LEGAL DEVELOPMENTS, PARTICIPATE IN
CONTINUING LEGAL EDUCATION PROGRAMS,
CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SUPPORT EFFORTS TO ACHIEVE HIGH
SERVICES AVAILABLE IN AN EFFICIENT AND STANDARDS IN LAW SCHOOLS AS WELL AS IN
CONVENIENT MANNER COMPATIBLE WITH THE THE PRACTICAL TRAINING OF LAW STUDENTS
INDEPENDENCE, INTEGRITY AND AND ASSIST IN DISSEMINATING THE LAW AND
EFFECTIVENESS OF THE PROFESSION. JURISPRUDENCE.

Rule 2.01 - A lawyer shall not reject, except for valid CANON 6 - THESE CANONS SHALL APPLY TO
reasons, the cause of the defenseless or the LAWYERS IN GOVERNMENT SERVICES IN THE
oppressed. DISCHARGE OF THEIR TASKS.

Rule 2.02 - In such cases, even if the lawyer does not Rule 6.01 - The primary duty of a lawyer engaged in
accept a case, he shall not refuse to render legal public prosecution is not to convict but to see that
advice to the person concerned if only to the extent justice is done. The suppression of facts or the
necessary to safeguard the latter's rights. concealment of witnesses capable of establishing the
innocence of the accused is highly reprehensible and
is cause for disciplinary action.
Rule 2.03 - A lawyer shall not do or permit to be done
any act designed primarily to solicit legal business.
Rule 6.02 - A lawyer in the government service shall
not use his public position to promote or advance his
Rule 2.04 - A lawyer shall not charge rates lower than
private interests, nor allow the latter to interfere with
those customarily prescribed unless the
his public duties.
circumstances so warrant.

CANON 3 - A LAWYER IN MAKING KNOWN HIS Rule 6.03 - A lawyer shall not, after leaving
LEGAL SERVICES SHALL USE ONLY TRUE, government service, accept engagement or
HONEST, FAIR, DIGNIFIED AND OBJECTIVE employment in connection with any matter in which he
INFORMATION OR STATEMENT OF FACTS. had intervened while in said service.

CHAPTER II. THE LAWYER AND THE LEGAL


Rule 3.01 - A lawyer shall not use or permit the use of
PROFESSION
any false, fraudulent, misleading, deceptive,

CANON 7 - A LAWYER SHALL AT ALL TIMES


4
FROM: UPHOLD THE INTEGRITY AND DIGNITY OF THE
http://www.chanrobles.com/codeofprofessionalresponsibility.h LEGAL PROFESSION AND SUPPORT THE
tml#.WwZVzEiFPIU ACTIVITIES OF THE INTEGRATED BAR.

Deng Notes for the 2018 Bar


#BALLPEN
“I can do all things through Christ who gives me strength.” –Philippians 4:13
6

Rule 7.01 - A lawyer shall be answerable for


knowingly making a false statement or suppressing a
material fact in connection with his application for
CHAPTER III. THE LAWYER AND THE COURTS
admission to the bar.

Rule 7.02 - A lawyer shall not support the application CANON 10 - A LAWYER OWES CANDOR,
for admission to the bar of any person known by him FAIRNESS AND GOOD FAITH TO THE COURT.
to be unqualified in respect to character, education, or
other relevant attribute. Rule 10.01 - A lawyer shall not do any falsehood, nor
consent to the doing of any in Court; nor shall he
mislead, or allow the Court to be misled by any
Rule 7.03 - A lawyer shall not engage in conduct that
artifice.
adversely reflects on his fitness to practice law, nor
shall he whether in public or private life, behave in a
scandalous manner to the discredit of the legal Rule 10.02 - A lawyer shall not knowingly misquote or
profession. misrepresent the contents of a paper, the language or
the argument of opposing counsel, or the text of a
CANON 8 - A LAWYER SHALL CONDUCT decision or authority, or knowingly cite as law a
HIMSELF WITH COURTESY, FAIRNESS AND provision already rendered inoperative by repeal or
CANDOR TOWARDS HIS PROFESSIONAL amendment, or assert as a fact that which has not
COLLEAGUES, AND SHALL AVOID HARASSING been proved.
TACTICS AGAINST OPPOSING COUNSEL.
Rule 10.03 - A lawyer shall observe the rules of
Rule 8.01 - A lawyer shall not, in his professional procedure and shall not misuse them to defeat the
dealings, use language which is abusive, offensive or ends of justice.
otherwise improper.
CANON 11 - A LAWYER SHALL OBSERVE AND
Rule 8.02 - A lawyer shall not, directly or indirectly, MAINTAIN THE RESPECT DUE TO THE COURTS
encroach upon the professional employment of AND TO JUDICIAL OFFICERS AND SHOULD
another lawyer, however, it is the right of any lawyer, INSIST ON SIMILAR CONDUCT BY OTHERS.
without fear or favor, to give proper advice and
assistance to those seeking relief against unfaithful or Rule 11.01 - A lawyer shall appear in court properly
neglectful counsel. attired.

Rule 11.02 - A lawyer shall punctually appear at court


CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR hearings.
INDIRECTLY, ASSIST IN THE UNAUTHORIZED
PRACTICE OF LAW.
Rule 11.03 - A lawyer shall abstain from scandalous,
offensive or menacing language or behavior before
Rule 9.01 - A lawyer shall not delegate to any the Courts.
unqualified person the performance of any task which
by law may only be performed by a member of the bar
in good standing. Rule 11.04 - A lawyer shall not attribute to a Judge
motives not supported by the record or have no
materiality to the case.
Rule 9.02 - A lawyer shall not divide or stipulate to
divide a fee for legal services with persons not
licensed to practice law, except: Rule 11.05 - A lawyer shall submit grievances against
a Judge to the proper authorities only.

(a) Where there is a pre-existing


CANON 12 - A LAWYER SHALL EXERT EVERY
agreement with a partner or associate
EFFORT AND CONSIDER IT HIS DUTY TO ASSIST
that, upon the latter's death, money shall
IN THE SPEEDY AND EFFICIENT
be paid over a reasonable period of time
ADMINISTRATION OF JUSTICE.
to his estate or to persons specified in the
agreement; or
Rule 12.01 - A lawyer shall not appear for trial unless
(b) Where a lawyer undertakes to
he has adequately prepared himself on the law and
complete unfinished legal business of a
the facts of his case, the evidence he will adduce and
deceased lawyer; or
the order of its proferrence. He should also be ready
(c) Where a lawyer or law firm includes with the original documents for comparison with the
non-lawyer employees in a retirement plan copies.
even if the plan is based in whole or in
part, on a profit sharing agreement.
Rule 12.02 - A lawyer shall not file multiple actions
arising from the same cause.

Deng Notes for the 2018 Bar


#BALLPEN
“I can do all things through Christ who gives me strength.” –Philippians 4:13
7

creed or status of life, or because of his own opinion


Rule 12.03 - A lawyer shall not, after obtaining regarding the guilt of said person.
extensions of time to file pleadings, memoranda or
briefs, let the period lapse without submitting the Rule 14.02 - A lawyer shall not decline, except for
same or offering an explanation for his failure to do serious and sufficient cause, an appointment as
so. counsel de officio or as amicus curiae, or a request
from the Integrated Bar of the Philippines or any of its
Rule 12.04 - A lawyer shall not unduly delay a case, chapters for rendition of free legal aid.
impede the execution of a judgment or misuse Court
processes. Rule 14.03 - A lawyer may not refuse to accept
representation of an indigent client if:
Rule 12.05 - A lawyer shall refrain from talking to his
witness during a break or recess in the trial, while the (a) he is not in a position to carry out the
witness is still under examination. work effectively or competently;
(b) he labors under a conflict of interest
Rule 12.06 - A lawyer shall not knowingly assist a between him and the prospective client
witness to misrepresent himself or to impersonate or between a present client and the
another. prospective client.

Rule 12.07 - A lawyer shall not abuse, browbeat or Rule 14.04 - A lawyer who accepts the cause of a
harass a witness nor needlessly inconvenience him. person unable to pay his professional fees shall
observe the same standard of conduct governing his
relations with paying clients.
Rule 12.08 - A lawyer shall avoid testifying in behalf of
his client, except:
CANON 15 - A LAWYER SHALL OBSERVE
CANDOR, FAIRNESS AND LOYALTY IN ALL HIS
(a) on formal matters, such as the DEALINGS AND TRANSACTIONS WITH HIS
mailing, authentication or custody of an CLIENTS.
instrument, and the like; or
(b) on substantial matters, in cases Rule 15.01. - A lawyer, in conferring with a prospective
where his testimony is essential to the client, shall ascertain as soon as practicable whether
ends of justice, in which event he must, the matter would involve a conflict with another client
during his testimony, entrust the trial of or his own interest, and if so, shall forthwith inform the
the case to another counsel. prospective client.

CANON 13 - A LAWYER SHALL RELY UPON THE Rule 15.02.- A lawyer shall be bound by the rule on
MERITS OF HIS CAUSE AND REFRAIN FROM ANY privilege communication in respect of matters
IMPROPRIETY WHICH TENDS TO INFLUENCE, OR disclosed to him by a prospective client.
GIVES THE APPEARANCE OF INFLUENCING THE
COURT.
Rule 15.03. - A lawyer shall not represent conflicting
interests except by written consent of all concerned
Rule 13.01 - A lawyer shall not extend extraordinary given after a full disclosure of the facts.
attention or hospitality to, nor seek opportunity for
cultivating familiarity with Judges.
Rule 15.04. - A lawyer may, with the written consent of
all concerned, act as mediator, conciliator or arbitrator
Rule 13.02 - A lawyer shall not make public
in settling disputes.
statements in the media regarding a pending case
tending to arouse public opinion for or against a party.
Rule 15.05. - A lawyer when advising his client, shall
give a candid and honest opinion on the merits and
Rule 13.03 - A lawyer shall not brook or invite
probable results of the client's case, neither
interference by another branch or agency of the
overstating nor understating the prospects of the
government in the normal course of judicial
case.
proceedings.

CHAPTER IV. THE LAWYER AND THE CLIENT Rule 15.06. - A lawyer shall not state or imply that he
is able to influence any public official, tribunal or
legislative body.
CANON 14 - A LAWYER SHALL NOT REFUSE HIS
SERVICES TO THE NEEDY.
Rule 15.07. - A lawyer shall impress upon his client
Rule 14.01 - A lawyer shall not decline to represent a compliance with the laws and the principles of
person solely on account of the latter's race, sex. fairness.

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“I can do all things through Christ who gives me strength.” –Philippians 4:13
8

Rule 15.08. - A lawyer who is engaged in another CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE
profession or occupation concurrently with the LAW.
practice of law shall make clear to his client whether
he is acting as a lawyer or in another capacity. Rule 19.01 - A lawyer shall employ only fair and
honest means to attain the lawful objectives of his
CANON 16 - A LAWYER SHALL HOLD IN TRUST client and shall not present, participate in presenting
ALL MONEYS AND PROPERTIES OF HIS CLIENT or threaten to present unfounded criminal charges to
THAT MAY COME INTO HIS PROFESSION. obtain an improper advantage in any case or
proceeding.
Rule 16.01 - A lawyer shall account for all money or
property collected or received for or from the client. Rule 19.02 - A lawyer who has received information
that his client has, in the course of the representation,
Rule 16.02 - A lawyer shall keep the funds of each perpetrated a fraud upon a person or tribunal, shall
client separate and apart from his own and those of promptly call upon the client to rectify the same, and
others kept by him. failing which he shall terminate the relationship with
such client in accordance with the Rules of Court.

Rule 16.03 - A lawyer shall deliver the funds and


property of his client when due or upon demand. Rule 19.03 - A lawyer shall not allow his client to
However, he shall have a lien over the funds and may dictate the procedure in handling the case.
apply so much thereof as may be necessary to satisfy
his lawful fees and disbursements, giving notice CANON 20 - A LAWYER SHALL CHARGE ONLY
promptly thereafter to his client. He shall also have a FAIR AND REASONABLE FEES.
lien to the same extent on all judgments and
executions he has secured for his client as provided Rule 20.01 - A lawyer shall be guided by the following
for in the Rules of Court. factors in determining his fees:
(a) the time spent and the extent of the
Rule 16.04 - A lawyer shall not borrow money from his service rendered or required;
client unless the client's interest are fully protected by (b) the novelty and difficulty of the
the nature of the case or by independent advice. questions involved;
Neither shall a lawyer lend money to a client except,
(c) The importance of the subject matter;
when in the interest of justice, he has to advance
necessary expenses in a legal matter he is handling (d) The skill demanded;
for the client. (e) The probability of losing other
employment as a result of acceptance of
CANON 17 - A LAWYER OWES FIDELITY TO THE the proffered case;
CAUSE OF HIS CLIENT AND HE SHALL BE (f) The customary charges for similar
MINDFUL OF THE TRUST AND CONFIDENCE services and the schedule of fees of the
REPOSED IN HIM. IBP chapter to which he belongs;
(g) The amount involved in the
CANON 18 - A LAWYER SHALL SERVE HIS controversy and the benefits resulting to
CLIENT WITH COMPETENCE AND DILIGENCE. the client from the service;
(h) The contingency or certainty of
Rules 18.01 - A lawyer shall not undertake a legal compensation;
service which he knows or should know that he is not (i) The character of the employment,
qualified to render. However, he may render such whether occasional or established; and
service if, with the consent of his client, he can obtain
(j) The professional standing of the
as collaborating counsel a lawyer who is competent
lawyer.
on the matter.

Rule 20.02 - A lawyer shall, in case of referral, with


Rule 18.02 - A lawyer shall not handle any legal
the consent of the client, be entitled to a division of
matter without adequate preparation.
fees in proportion to the work performed and
responsibility assumed.
Rule 18.03 - A lawyer shall not neglect a legal matter
entrusted to him, and his negligence in connection
Rule 20.03 - A lawyer shall not, without the full
therewith shall render him liable.
knowledge and consent of the client, accept any fee,
reward, costs, commission, interest, rebate or
Rule 18.04 - A lawyer shall keep the client informed of forwarding allowance or other compensation
the status of his case and shall respond within a whatsoever related to his professional employment
reasonable time to the client's request for information. from anyone other than the client.

CANON 19 - A LAWYER SHALL REPRESENT HIS Rule 20.04 - A lawyer shall avoid controversies with
clients concerning his compensation and shall resort

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“I can do all things through Christ who gives me strength.” –Philippians 4:13
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to judicial action only to prevent imposition, injustice (c) When his inability to work with co-
or fraud. counsel will not promote the best
interest of the client;
CANON 21 - A LAWYER SHALL PRESERVE THE (d) When the mental or physical
CONFIDENCE AND SECRETS OF HIS CLIENT condition of the lawyer renders it difficult
EVEN AFTER THE ATTORNEY-CLIENT RELATION for him to carry out the employment
IS TERMINATED. effectively;
(e) When the client deliberately fails to
Rule 21.01 - A lawyer shall not reveal the confidences pay the fees for the services or fails to
or secrets of his client except; comply with the retainer agreement;
(a) When authorized by the client after (f) When the lawyer is elected or
acquainting him of the consequences of appointed to public office; and
the disclosure; (g) Other similar cases.
(b) When required by law;
(c) When necessary to collect his fees Rule 22.02 - A lawyer who withdraws or is discharged
or to defend himself, his employees or shall, subject to a retainer lien, immediately turn over
associates or by judicial action. all papers and property to which the client is entitled,
and shall cooperative with his successor in the orderly
transfer of the matter, including all information
Rule 21.02 - A lawyer shall not, to the disadvantage of necessary for the proper handling of the matter.
his client, use information acquired in the course of
employment, nor shall he use the same to his own
SUSPENSION, DISBARMENT AND DISCIPLINE OF
advantage or that of a third person, unless the client
LAWYERS
with full knowledge of the circumstances consents
thereto.
RULE 139-B

Rule 21.03 - A lawyer shall not, without the written Disbarment and Discipline of Attorneys
consent of his client, give information from his files to Section 1. How Instituted. — Proceedings for the
an outside agency seeking such information for disbarment, suspension, or discipline of attorneys
auditing, statistical, bookkeeping, accounting, data may be taken by the Supreme Court motu propio, or
processing, or any similar purpose. by the Integrated Bar of the Philippines (IBP) upon the
verified complaint of any person. The complaint shall
state clearly and concisely the facts complained of
Rule 21.04 - A lawyer may disclose the affairs of a
and shall be supported by affidavits of persons having
client of the firm to partners or associates thereof
personal knowledge of the facts therein alleged and/or
unless prohibited by the client.
by such documents as may substantiate said facts.

Rule 21.05 - A lawyer shall adopt such measures as The IBP Board of Governors may, motu propio or
may be required to prevent those whose services are upon referral by the Supreme Court or by a Chapter
utilized by him, from disclosing or using confidences Board of Officers, or at the instance of any person,
or secrets of the clients. initiate and prosecute proper charges against erring
attorneys including those in the government service.
Rule 21.06 - A lawyer shall avoid indiscreet
Six (6) copies of the verified complaint shall be filed
conversation about a client's affairs even with
with the Secretary of the IBP or the Secretary of any
members of his family.
of its chapter who shall forthwith transmit the same to
the IBP Board of Governors for assignment to an
Rule 21.07 - A lawyer shall not reveal that he has investigator.
been consulted about a particular case except to
avoid possible conflict of interest. A. PROCEEDINGS IN THE INTEGRATED BAR OF
THE PHILIPPINES
CANON 22 - A LAWYER SHALL WITHDRAW HIS
SERVICES ONLY FOR GOOD CAUSE AND UPON Section 2. National Grievance Investigators. —
NOTICE APPROPRIATE IN THE CIRCUMSTANCES. The Board of Governors shall appoint from among
IBP members an Investigator or, when special
circumstances so warrant, a panel of three (3)
Rule 22.01 - A lawyer may withdraw his services in
investigators to investigate the complaint. All
any of the following case:
Investigators shall take an oath of office in the form
(a) When the client pursues an illegal or prescribed by the Board of Governors. A copy of the
immoral course of conduct in connection Investigator's appointment and oath shall be
with the matter he is handling; transmitted to the Supreme Court.
(b) When the client insists that the
lawyer pursue conduct violative of these An Investigator may be disqualified by reason of
canons and rules; relationship within the fourth degree of consanguinity
of affinity to any of the parties of their counsel,

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“I can do all things through Christ who gives me strength.” –Philippians 4:13
10

pecuniary interest, personal bias, or his having acted respondent shall be given full opportunity to defend
as counsel to his acting as such Investigator. Where himself, to present witnesses on his behalf, and be
the Investigator does not disqualify himself, a party heard by himself and counsel. However, if upon
may appeal to the IBP Board of Governors, which by reasonable notice, the respondent fails to appear, the
majority vote of the members present, there being a investigation shall proceed ex parte.
quorum, may order his disqualification.
The Investigator shall terminate the investigation
Any Investigator may also be removed for cause, after within three (3) months from the date of its
due hearing, by the vote of at least six (6) members of commencement, unless extended for good cause by
the IBP Board of Governors. The decision of the the Board of Governors upon prior application.
Board of Governors in all cases of disqualification or
removal shall be final. Willful failure or refusal to obey a subpoena or any
other lawful order issued by the Investigator shall be
Section 3. Duties of the National Grievance dealt with as for indirect contempt of court. The
Investigator. — The National Grievance Investigators corresponding charge shall be filed by the Investigator
shall investigate all complaints against members of before the IBP Board of Governors which shall require
the Integrated Bar referred to them by the IBP Board the alleged contemnor to show cause within ten (10)
of Governors. days from notice. The IBP Board of Governors may
thereafter conduct hearings, if necessary, in
Section 4. Chapter assistance to complainant. — accordance with the procedure set forth in this Rule
The proper IBP Chapter may assist the for hearings before the Investigator. Such hearing
complainant(s) in the preparation and filing of his shall as far as practicable be terminated within fifteen
complaint(s). (15) days from its commencement. Thereafter, the
IBP Board of Governors shall within a like period of
Section 5. Service or dismissal. — If the fifteen (15) days issue a resolution setting forth its
complaint appears to be meritorious, the Investigator findings and recommendations, which shall forthwith
shall direct that a copy thereof be served upon the be transmitted to the Supreme Court for final action
respondent, requiring him to answer the same within and if warranted, the imposition of penalty.
fifteen (15) days from the date of service. If the
complaint does not merit action, or if the answer Section 9. Depositions. — Depositions may be
shows to the satisfaction of the Investigator that the taken in accordance with the Rules of Court with
complaint is not meritorious, the same may be leave of the investigator(s).
dismissed by the Board of Governors upon his
recommendation. A copy of the resolution of dismissal Within the Philippines, depositions may be taken
shall be furnished the complainant and the Supreme before any member of the Board of Governors, the
Court which may review the case motu propio or upon President of any Chapter, or any officer authorized by
timely appeal of the complainant filed within 15 days law to administer oaths.
from notice of the dismissal of the complainant.
Depositions may be taken outside the Philippines
No investigation shall be interrupted or terminated by before diplomatic or consular representative of the
reason of the desistance, settlement, compromise, Philippine Government or before any person agreed
restitution, withdrawal of the charges, or failure of the upon by the parties or designated by the Board of
complainant to prosecute the same, unless the Governors.
Supreme Court motu propio or upon recommendation
of the IBP Board of Governors, determines that there Any suitable member of the Integrated Bar in the
is no compelling reason to continue with the place where a deposition shall be taken may be
disbarment or suspension proceedings against the designated by the Investigator to assist the
respondent. (Amendment pursuant to Supreme Court complainant or the respondent in taking a deposition.
Resolution dated May 27, 1993 re Bar Matter 356).
Section 10. Report of Investigator. — Not later
Section 6. Verification and service of answer. — than thirty (30) days from the termination of the
The answer shall be verified. The original and five (5) investigation, the Investigator shall submit a report
legible copies of the answer shall be filed with the containing his findings of fact and recommendations
Investigator, with proof of service of a copy thereof on to the IBP Board of Governors, together with the
the complainant or his counsel. stenographic notes and the transcript thereof, and all
the evidence presented during the investigation. The
Section 7. Administrative counsel. — The IBP submission of the report need not await the
Board of Governors shall appoint a suitable member transcription of the stenographic notes, it being
of the Integrated Bar as counsel to assist the sufficient that the report reproduce substantially from
complainant of the respondent during the investigation the Investigator's personal notes any relevant and
in case of need for such assistance. pertinent testimonies.

Section 8. Investigation. — Upon joinder of Section 11. Defects. — No defect in a complaint,


issues or upon failure of the respondent to answer, notice, answer, or in the proceeding or the
the Investigator shall, with deliberate speed, proceed Investigator's Report shall be considered as
with the investigation of the case. He shall have the substantial unless the Board of Governors, upon
power to issue subpoenas and administer oaths. The considering the whole record, finds that such defect

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“I can do all things through Christ who gives me strength.” –Philippians 4:13
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has resulted or may result in a miscarriage of justice, Section 15. Suspension of attorney by Supreme
in which event the Board shall take such remedial Court. — After receipt of respondent's answer or
action as the circumstances may warrant, including lapse of the period therefor, the Supreme Court, motu
invalidation of the entire proceedings. propio, or at the instance of the IBP Board of
Governors upon the recommendation of the
Section 12. Review and decision by the Board of Investigator, may suspend an attorney from the
Governors. practice of his profession for any of the causes
specified in Rule 138, Section 27, during the
a) Every case heard by an investigator shall be pendency of the investigation until such suspension is
reviewed by the IBP Board of Governors upon the lifted by the Supreme Court.
record and evidence transmitted to it by the
Investigator with his report. The decision of the Board Section 16. Suspension of attorney by the Court of
upon such review shall be in writing and shall clearly Appeals or a Regional Trial Court. 1 — The Court of
and distinctly state the facts and the reasons on which Appeals or Regional Trial Court may suspend an
it is based. It shall be promulgated within a period not attorney from practice for any of the causes named in
exceeding thirty (30) days from the next meeting of Rule 138, Section 27 2, until further action of the
the Board following the submittal of the Investigator's Supreme Court in the case.
Report.
Section 17. Upon suspension by Court of Appeals
b) If the Board, by the vote of a majority of its or Regional Trial Court, further proceedings in
total membership, determines that the respondent Supreme Court. — Upon such suspension, the Court
should be suspended from the practice of law or of Appeals or a Regional Trial Court shall forthwith
disbarred, it shall issue a resolution setting forth its transmit to the Supreme Court a certified copy of the
findings and recommendations which, together with order of suspension and a full statement of the facts
the whole record of the case, shall forthwith be upon which the same was based. Upon receipt of
transmitted to the Supreme Court for final action. such certified copy and statement, the Supreme Court
shall make a full investigation of the case and may
c) If the respondent is exonerated by the Board revoke, shorten or extend the suspension, or disbar
or the disciplinary sanction imposed by it is less than the attorney as the facts may warrant.
suspension or disbarment (such as admonition,
reprimand, or fine) it shall issue a decision Section 18. Confidentiality. — Proceedings against
exonerating respondent or imposing such sanction. attorneys shall be private and confidential. However,
The case shall be deemed terminated unless upon the final order of the Supreme Court shall be
petition of the complainant or other interested party published like its decisions in other cases.
filed with the Supreme Court within fifteen (15) days
from notice of the Board's resolution, the Supreme Section 19. Expenses. — All reasonable and
Court orders otherwise. necessary expenses incurred in relation to disciplinary
and disbarment proceedings are lawfull charges for
d) Notice of the resolution or decision of the which the parties may be taxed as costs.
Board shall be given to all parties through their
counsel. A copy of the same shall be transmitted to Section 20. Effectivity and Transitory Provision. —
the Supreme Court. This Rule shall take effect June 1, 1988 and shall
supersede the present Rule 139 entitled
B. PROCEEDINGS IN THE SUPREME COURT "DISBARMENT OR SUSPENSION OF
ATTORNEYS". All cases pending investigation by the
Section 13. Supreme Court Investigation. — In Office of the Solicitor General shall be transferred to
proceedings initiated motu propio by the Supreme the Integrated Bar of the Philippines Board of
Court or in other proceedings when the interest of Governors for investigation and disposition as
justice so requires, the Supreme Court may refer the provided in this Rule except those cases where the
case for investigation to the Solicitor-General or to investigation has been substantially completed.
any officer of the Supreme Court or judge of a lower
court, in which case the investigation shall proceed in NATURE and CHARACTERISTICS of Disbarment
the same manner provided in sections 6 to 11 hereof, Proceedings
save that the review of the report of investigation shall
be conducted directly by the Supreme Court. (A) Disbarment proceedings are SUI GENERIS
-it is neither purely civil nor purely criminal
Section 14. Report of the Solicitor General of other because they do not involve a trial of an action or
Court-designated Investigator. — Based upon the suit but rather investigations by the Court into the
evidence adduced at the investigation, the Solicitor conduct of one of its officers;
General or other Investigator designated by the -it is not criminal because it does not intend to
Supreme Court shall submit to the Supreme Court a inflict punishment. The controversy or issue is the
report containing his findings of fact and fitness of the lawyer to stay in the practice of law;
recommendations for the final action of the Supreme -it is not civil because there is neither a plaintiff
Court. nor respondent.
C. COMMON PROVISIONS
(B) Disbarment proceedings are confidential;

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“I can do all things through Christ who gives me strength.” –Philippians 4:13
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(C) Double jeopardy cannot be availed of in which a man owes his fellowmen, or to the
disbarment proceedings because the same is not society in general.
a criminal prosecution; (e) Violation of oath of office;
(D) It can be initiated by the Supreme Court motu (f) Willful disobedience of a lawful order of a
proprio or by the IBP upon a verified complaint; superior court;
(E) It can proceed regardless of the lack of (g) Corruptly or willfully appearing as an attorney
interest of the parties if so warranted; for a party to a case without authority to do so;
(h) Disbarment in foreign jurisdiction.
(F)Conducted confidentially until its final
determination; *The grounds for disbarment is not exclusive. It
(G) It is in itself due process of law; should not be taken as a limitation to the Supreme
(H) Whatever has been decided in a disbarment Court’s power to suspend or disbar a lawyer.
case cannot be a source of a right that may be
enforced in another action; OTHER STATUTORY GROUNDS TO DISBAR A
(I) In pari delicto rule is not applicable; LAWYER
(J) No prejudicial question in disbarment cases; (a) Acquisition of an interest in the subject matter
(K) No res judicata; of the litigation either by purchase or
(L) Penalty in disbarment cases cannot be assignment;
alternative; (b) Breach of professional duty, inexcusable
negligence or ignorance or for the revelation
(M) Monetary claims cannot be granted except of client’s secrets;
restitution and return of monies and properties of (c) Representing conflicting interest.
the client in the course of atty.-client relationship.
GENERAL RULE:
PRESCRIPTION A lawyer may not be suspended or disbarred for
misconduct in his non-professional or private capacity.
IMPRISCRIPTIBLE. There can be no prescription
in bar discipline cases. No matter how much time has EXCEPTION:
elapsed form the time of the commission of the act If the misconduct is gross as to show him to be
complained of and the time of the institution of the wanting of moral character, honesty, probity and
complaint, erring members of the bench and the bar demeanor.
cannot escape the disciplining arm of the Court.
PROCEEDINGS IN DISBARMENT
GROUNDS:
(a) Deceit - fraudulent and deceptive A. Institution
misrepresentation, artifice or device used by The proceedings for disbarment, suspension
one or more persons to deceive and trick and discipline of attorneys may be taken by the
another to the damage of such person. There Supreme Court, motu proprio, or by the IBP upon
must be false representation as a matter of fact. the verified complaint of any person.
(b) Malpractice or other gross misconduct in such The IBP Board of Governors: motu proprio,
office. referral of the Supreme Court, by a chapter
Legal Malpractice consists of failure of an board of officers or at the instance of any person.
attorney to use such skill, prudence and
diligence as lawyers of ordinary skill and B. Determination whether the complaint is
capacity commonly possessed and exercised meritorious
in the performance of tasks which they (a) If it lacks merit on its face it shall be
undertake. summarily dismissed;
-it also includes the practice of soliciting cases (b) If filed with the SC and prima facie
at law for the purpose of gain either personally meritorious it shall be referred to the IBP
or through agents. Board of Governors for appropriate action
Gross Misconduct means any excusable, (c) If filed with the Secretary of the
shameful, flagrant, unlawful conduct on the IBP/chapter, it shall be transmitted to the
part of the person concerned in the Board of Governors
administration of justice prejudicial to the (d)
rights of parties. C. Assignment of the Complaint to the IBP
(c) Grossly Immoral Conduct – a conduct which is National Grievance investigator
wilful, shameless or flagrant which shows moral The investigator consists of a panel of three
indifference to the opinion of the good and investigators appointed from the IBP members.
respectable members of the community.
(d) Conviction of a crime involving moral turpitude D. If meritorious, the respondent shall be
Moral Turpitude means everything which is served with a copy and require him to answer
done contrary to justice, modesty, or good within 15 days from service;
morals; an act of baseness, vileness or
depravity in the private and social duties
E. The respondent shall file a verified answer in
six copies;

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“I can do all things through Christ who gives me strength.” –Philippians 4:13
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lower court. The investigator shall proceed with the


F. Interim Suspension investigation and make a report to the SC.
After the receipt of answer or lapse of the  the investigating judge cannot dismiss the case.
period within which to answer, the SC motu His authority is only to investigate, make a
prorpio, or upon instance of the IBP the report and recommendation to the SC.
recommendation by the investigator, suspend an
attorney from practice for any of the causes *Convincing evidence is required in disbarment cases,
under Section 27, Rule 138 (Grounds for the quantum of proof required is PREPONDERANCE
Malpractice); OF EVIDENCES. The legal presumption is that the
attorney is presumed innocent of the charges against
G. Hearing him until the contrary is proved.
-After the joinder of issues, the respondent is
given the opportunity to defend himself. DISCIPLINE OF LAWYERS PRACTICING ABROAD
-If he failed to appear, the proceeding will be
ex parte. The investigation shall be A Filipino lawyer who has been disbarred or
terminated within three (3) months from the suspended from the practice of law by a
commencement but such period may be competent court or disciplinary agency in a
extended. foreign jurisdiction where he has been admitted
as an attorney and the ground thereof includes
H. Findings and recommendations of the any of the acts under Sec. 27 Rule 138, such
Investigator disbarment or suspension is a mere ground for
-The investigator shall make a report to the his disbarment or suspension in the Philippines.
Board of Governors within 30 days from It does not automatically result to his suspension
termination which shall contain the findings or disbarment in the Philippines.
and recommendations together with the MY INSIGHT: it is only a prima facie evidence
evidence. of the ground of disbarment/suspension.

I. Review by the Board of Governors READMISSION TO THE BAR


-The Board of Governors shall have the Reinstatement is the means of readmission to
power to review the decision of the membership in the bar and the restoration of a
investigator. The decision shall be disbarred lawyer the privilege to practice law.
promulgated by the Board within the period -The SC has the exclusive authority to
of not exceeding 30 days. reinstate the privilege to practice law.
-IF FOUND GUILTY the case including all the
records shall be transmitted to the SC for GUIDELINES IN LIFTING AN ORDER OF
final action. SUSPENSION
-Under Sec 28, Rule 138, an RTC Judge and (1) After finding that respondent lawyer must be
Justice of the CA may suspend a lawyer. suspended, the Court shall render a decision
The lawyer is prohibited to practice until imposing the same;
further action from the CA. (2) Unless explicitly stated, the decision is
-The IBP Board of Governors cannot issue a immediately executory upon receipt,
decision where the penalty to be given is respondent has 15 days to file for a motion for
SUSPENSION or HIGHER. It can only give recommendation. Denial of such MR shall
a recommendation. render the decision final and executory;
-In case of EXONERATION or less than (3) After expiration of the period, the respondent
suspension or dismissal, the Board shall shall file a sworn statement with the Court,
issue a decision exonerating the respondent through the Office of the Bar Confidant stating
or imposing a lesser sanction. In case of therein that he/she has desisted from the
exoneration, the proceeding is terminated practice of law;
unless an appeal is made to the SC within (4) The courts, through the executive judges, and
15 days. local IBP chapter shall be furnished with the
sworn statement;
*A motion for reconsideration can be filed with the IBP (5) The sworn statement shall be considered as
within a period of 15 days for notice of receipt by the proof of compliance with the order of
parties thereon. suspension; and
-If an MR is filed, the IBP must resolve the same (6) Any finding or report contrary to the
before it transmits the case to the SC with the statements made by the lawyer under oath
records of the case for final determination. shall be a ground for the imposition of more
-If no MR is filed, the IBP shall transmit the same severe penalties or disbarment as may be
to the SC for final resolution together with the warranted.
record of the case.
*In case of INDEFINITE SUSPENSION it would be up
*In proceedings initiated by the SC, or in other to the lawyer depending on his own repentance. At
proceedings where the interest of justice so require, any time after the suspension becomes effective the
the SC may refer the case for investigation to the lawyer may prove to the court that he is once again fit
Solicitor General, or any officer of the SC or judge of a to resume the practice of law (In Re Almacen).
LAWYERS WHO HAVE BEEN DISBARRED

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“I can do all things through Christ who gives me strength.” –Philippians 4:13
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-A disbarred lawyer may be reinstated upon with the education requirement or that he is
determination whether he has satisfied and convinced exempt in specifying the nature of exemption. The
the Court by positive evidence that the effort to compliance card must be returned not later than
rehabilitate his character is successful and he is the day after the member’s compliance period.
entitled to be readmitted to the profession.
-> through positive evidence, proofs of honesty, *A record of compliance or exemption shall be
integrity and good moral character through kept by the member copy furnishing the MCLE
written testimonials of credible institutions committee.
and personalities.
NON-COMPLIANCE WITH MCLE:
CRITERTIAS TO BE CONSIDERED IN
REINSTATING - Failure to complete education requirement;
- Failure to provide attestation of compliance or
(a) character and standing prior to disbarment; exemption;
(b) nature and character of misconduct for which - Failure to provide satisfactory evidence of
he was disbarred; compliance;
(c) conduct subsequent to disbarment; - Failure to satisfy education requirement and
(d) efficient government service; furnish evidence of such compliance within 60
(e) time elasped from disbarment to application of days from notice;
reinstatement and attending circumstances; - Failure to pay non-compliance fee within the
(f) applicant’s appreciation of significance of his prescribed period;
dereliction and assurance that he possesses - And other analogous acts to the foregoing.
the requisite of probity and integrity;
(g) favorable indorsement of IBP and pleas of his EXEMPTED FROM MCLE:
loved ones.
(a) Press, VP, Sec. and Undersecretaries of
CONDITIONS TO BE COMPLIED WITH executive department;
(a) SC can impose other special conditions other (b) Senators and members of the House of Rep;
than this rehabilitation; (c) CJ, Associate Justice of the SC, incumbent and
(b) Take lawyer’s oath, sign the roll of attorneys retired justices of the judiciary, incumbent
and pay the requisite fee; members of the Judicial and Bar Council.
Incumbent lawyers covered by the Philippine
EFFECTS OF READMISSION Judicial Academy Program of Continuing Legal
- Recognition of moral rehabilitation and mental Education;
fitness to practice law; (d) The Chief State Counsel, Chief State
- He shall be subject to the same law, rules, and Prosecutor, and Assistant Secretaries of the
regulations as these applicable to any other DOJ;
lawyer; (e) The Sol Gen and Asst. Sol Gen;
- Comply with the conditions imposed on his (f) Gov’t Corporate Counsel, deputy, and asst gov’t
readmission. corporate counsel;
(g) Chairman and members of Cons. Commission;
EFFECT OF EXECUTIVE PARDON TO A (h) Ombudsman, overall deputy ombudsman,
LAWYER’S DISBARMENT: deputy ombudsman and the Special Prosecutor
of the Office of the Ombudsman;
After disbarment - file for reinstatement. He shall (i) Heads of gov’t agencies exercising quasi-
not be automatically reinstated. judicial functions;
(j) Incumbent deans, bar reviewers and professors
Before disbarment - it shall bar any proceeding for of law who have been teaching for at least 10
the disbarment of the attorney. years in accredited law schools;
(k) Chancellor, Vice chancellor, and members of the
MANDATORY CONTINUING LEGAL EDUCATION Corps of Professional Lectures of Phil. Judicial
(MCLE) Academy, and;
(l) Governors and Mayors.
*The purpose of MCLE is to ensure that
throughout their career they keep abreast with law Likewise exempt:
and jurisprudence, maintain the ethics of - Not in practice of law, private or public;
profession and enhance the standards of practice - Retired in the practice of law with the approval of
of law. the IBP.

*Member of the IBP unless exempted under Rule * A member who fails to comply with the
7, shall complete every 3 years at least 36 hours requirements of the 60 day period shall be listed
of continuing legal education activities. as delinquent member of the IBP Board of
Governors upon the recommendation of the
*Each member shall secure from the MCLE committee on MCLE.
Committee a Compliance Card before the end of *See BM 202, Rule on Mandatory Legal Aid Service
each compliance period. He shall complete the
card by attesting under oath that he has complied NOTARIAL PRACTICE (AM-SC 02-8-13-SC)

Deng Notes for the 2018 Bar


#BALLPEN
“I can do all things through Christ who gives me strength.” –Philippians 4:13
15

presence of 2 disinterested/unaffected
NOTARY PUBLIC is one appointed by the court witnesses to the instrument or document.
whose duties are to (1) attest to the genuineness of iii. Both witnesses sign in their own behalf;
any deed or writing in order to render them available iv. The notary public writes down below his
as evidence of facts stated therein and (2) Who is signature “signature affixed by notary public in
authorized by the statute to administer various the presence of (names and addresses)”
oaths. v. The notary public notarizes his signature by
acknowledgment or jurat.
QUALIFICATIONS:
(a) A citizen of the PH; NOTARIAL REGISTER refers to permanently
(b) Over 21 years of age; bound book with numbered pages containing a
(c) Resident of PH for at least 1 year. and chronological record of notarial acts performed by
maintains a regular place of work or business in the notary public.
the city or province where the commission to be
issued; JURISDICTION OF NOTARY PUBLIC AND PLACE
(d) Member of the PH bar in good standing with OF NOTARIZATION
clearances from the office of the Bar Confidant A notary public shall NOT perform a notarial act
of the SC and IBP; outside his jurisdiction and his regular place of work
(e) Not have been convicted in the 1st instance of a or business. It is improper for a notary public to
crime involving moral turpitude. notarize documents in sidewalks since it is now
required that a notary public should maintain a
TERM regular place of work or business within city or
The notary public may perform notarial acts in any province where he is commissioned.
place within the territorial jurisdiction of the court for
a period of 2 years commencing on the 1 st day of EXCEPTIONS:
January of the year in which the commission was
made unless earlier revoked or the notary public A notarial act may be performed at the request of
has resigned according to these Rules and RC. the parties in the following sites located within his
territorial jurisdiction.
POWERS OF A NOTARY PUBLIC
(a) Empowered to perform the following notarial a. Public offices, convention halls, and similar
acts: (JOASCA) places where oaths of office may be
Jurat administered;
Oaths and Affirmation b. Function areas in hotels and similar places for
Acknowledgment the signing of instruments or documents
Signature witnessing requiring notarization;
Copy certification c. Hospitals and medical institutions where a
Any other act authorized by these Rules party to the instrument/document is confined
for treatment;
(b) A notary public is authorized to certify the affixing d. Any place where a party to the
of a signature by thumb or other mark on an instrument/document requiring notarization is
instrument or document presented for notarization under detention.
if:
REVOCATION OF NOTARIAL COMMISSION
i. The thumb/mark is affixed in the presence of
the notary public and 2 - Any ground which an application for commission
disinterested/unaffected witnesses to the may be denied by the Executive Judge;
instrument; - SC may revoke such commission in the exercise
ii. Both witnesses sign their own names in of its general supervisory powers over lawyers;
addition to the thumb or other mark; - The executive judge may revoke/impose sanctions
iii. Notary public writes below the thumb or other upon a notary public who fails to:
mark. Thumb or other mark affixed by (name (a) Keep a notarial register;
or signatory by mark) in the presence of (b) Make the appropriate entry/ies in his
(names and addresses of witnesses) and notarial register concerning his notarial
undersigned notary public. and acts;
iv. The notary public notarizes the signature by (c) Send a copy of the entries to the Executive
thumb or other mark through an Judge within the first 10 days of the
acknowledgment, jurat, or signature following month;
witnessing. (d) Affix to acknowledgment the date of
expiration of his commission;
(c) A notary public is authorized to sign on behalf of (e) Submit his notarial register when filed to
a person who is physically unable to sign or make the Executive Judge;
on an instrument or document if: (f) Make his report within a reasonable time to
the Executive Judge concerning the
i. the notary is directed by the person unable to performance of his duties as may be
sign or make a mark to sign on his behalf; required by the judge;
ii. The signature of the notary is affixed in the

Deng Notes for the 2018 Bar


#BALLPEN
“I can do all things through Christ who gives me strength.” –Philippians 4:13
16

(g) Require the principal at the time of the A judge may in the exercise of his sound discretion
notarial act; disqualify himself from sitting in a case, for just or
(h) Identify the principal on the basis of valid reasons other than those above.
personal knowledge or competent
evidence; DISCIPLINE OF MEMBERS OF THE JUDICIARY
(i) Executes a false or incomplete certificate
under Sec 5 Rule IV; Supreme Court members:
(j) Knowingly or fails to perform any other act There is no specific rule or law which provides for a
prohibited or mandated by these rules; system of disciplining an erring member of the SC
(k) Commits any other dereliction or act which by the court itself acting En Banc.
in the judgment of the Executive Judge
constitutes good cause for the revocation NOTE: Justice Brion in his separate concurring
of the commission or the imposition of opinion In the Matter of Charges of Plagiarism
administrative sanction. against Associate Justice Mariano Del Castillo, that
the impeachment provisions of the Constitution
Note: The Executive Judge supervises the Notary simply guarantee is the right to be removed from
Public. office only through the process of impeachment
and not by any other means; it does not preclude
COMPETENT EVIDENCE OF IDENTITY refers to the imposition of disciplinary sanctions short of
the identification of any individual based on at least removal on the impeachable official. Impeachment
one current identification document issued by an is the sole means of removal but it is certainly not
official agency bearing the photograph and the sole means of disciplining the members of the
signature of the individual. SC or for that matter public officials removable by
impeachment.
SANCTIONS OR PROHIBITED ACTS UNDER THE
NOTARIAL LAW *Not all justices are impeachable. Only justices of
the Supreme Court are impeachable. CA Justices
The Executive Judge shall cause the prosecution of may be removed as provided by law but not
any person who: impeachment.

(a) Knowingly acts or otherwise impersonates a HOW IS DISCIPLINE OF JUDGES OF REGULAR


notary public; COURTS AND SPECIAL COURTS AND JUSTICES
(b) Knowingly obtains, conceals, defaces, or OF CA AND SANDIGANBAYAN INSTITUTED?
destroys the seal, notarial register, or official Discipline may be initiated by :
records of a notary public; or (a) Motu propio by the SC;
(c) Knowingly solicits, coerces, or in any way (b) Verified complaint with affidavits if persons
influences a notary public to commit official having personal knowledge of the facts
misconduct. alleged or substantiating documents;
(c) Anonymous complaint with public record of
indubitable integrity.
JUDICIAL ETHICS5
*Complaints against judges and justices are filed
DISQUALIFICATION OF JUDGES OR JUSTICES with the Supreme Court, which has exclusive
administrative supervision over all courts and the
Under Sec 1, Rule 137 of the RC, no judge or personnel thereof pursuant to Sec. 6 Art VIII. The
judicial officer shall sit in case in which: Court en banc has the power to discipline all
(MANDATORY) judges of lower courts including justices of CA.

(a) He, or his wife or child, is pecuniarily interested *If the case is filed with the IBP, the IBP is required
as heir, legatee, creditor, or otherwise; to forward to the Court for appropriate disposition
of all complaints for disbarment and discipline filed
(b) He is related to either party within 6th degree of with the IBP against all judges and justices, sitting
consaguinity or affinity; or retired, for acts/and/or omission committed
(c) A counsel within 4th degree computed according during their tenure in the judiciary. The complaint
to the rules of Civil Law; should not be dismissed for lack of jurisdiction.
(d) He has been an executor, administrator,
guardian, trustee, or counsel; *Justices of the Supreme Court may not be
disbarred unless and until they shall have been first
(e) He has presided in any inferior court when his impeached with the Constitution.
ruling or decision is subject of review, without
the written consent of all parties in interest, GROUNDS FOR DISCIPLINE OF JUDGES
signed by them and entered upon record. a. Serious misconduct, which implies a malice or
wrongful intent, not a mere error of judgment. For
5
FOR LETTERS A AND B IN THE BAR 2018 SYLLABUS this ground to exist, there must be reliable
KINDLY REFER TO THE LECTURE/MAIN REVIEW evidence showing that the judicial acts complained
MATERIAL AS I HAVE NOT ENCOUNTERED IT. of were corrupt or inspired by an intention to violate
SORREY =)

Deng Notes for the 2018 Bar


#BALLPEN
“I can do all things through Christ who gives me strength.” –Philippians 4:13
17

the law or were in persistent disregard of well-


known rules.

b. Inefficience which implies negligence,


incompetence, ignorance and carelessness. A
judge would be inexcusably negligent if he failed to
observe in the performance of his duties that
diligence, prudence, and circumspection which the
law requires in the rendition of any public service.

SANCTIONS IMPOSED BY THE SC ON THE


ERRING MEMBERS OF THE JUDICIARY

(a) If respondent is guilty of a serious charge (any


of the ff.):
i. Dismissal from service, forfeiture of all or
part of the benefits as the Court may
determine, and disqualification from
reinstatement or appointment to any
public office, including GOCCs. Accrued
leave credits not included;
ii. Suspension from office without salary and
other benefits for more than three months
but not exceeding six months; or
iii. Fine of more than P20,000.00 but not
exceeding P40,000.00

(b) If less serious charge, any of the ff:


i. Suspension from the office without salary
and other benefits for not less than one
month nor more than three months; or
ii. Fine of more than P10,000 but not
exceeding P20,000.00

(c) If light charge, the ff may be imposed:


i. Fine not less than P1,000.00 but not
exceeding P10,000.00
ii. Censure;
iii. Reprimand;
iv. Admonition with warning.

Deng Notes for the 2018 Bar


#BALLPEN
“I can do all things through Christ who gives me strength.” –Philippians 4:13