Basic Legal Ethics

Law 115
Course Syllabus

Module Two – LAWYER’S RESONSIBILITIES to the PROFESSION and SOCIETY

A. To the PROFESSION
a. Duty to uphold integrity and dignity of the profession
i. In general
1. CPR, Canon 7
A lawyer shall at all times uphold the integrity and dignity of the legal profession and support the activities of the
integrated bar.

2. CPR, Rule 7.03

A lawyer shall not engage in conduct that 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 profession

3. Guevarra v. Atty Eala, A.C. 7136, 1 August 2007 ii. No false statement in application for admission to the Bar

1. CPR, 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 admission to the bar

2. In re Diao, A.C. 244, 29 March 1963

iii. Duty not to support unqualified Bar applicant

1. CPR, Rule 7.02
A lawyer shall not support the application for admission to the bar of any person known by him
to be unqualified in respect to character, education, or other relevant attribute

Integration of the Bar

1. R.A. 6937 – IBP

AN ACT PROVIDING FOR THE INTEGRATION OF THE PHILIPPINE BAR, AND APPROPRIATING FUNDS THEREFOR.

Section 1. Within two years from the approval of this Act, the Supreme Court may adopt rules of court to
effect the integration of the Philippine Bar under such conditions as it shall see fit in order to raise the standards of
the legal profession, improve the administration of justice, and enable the bar to discharge its public responsibility
more effectively.

Section 2. The sum of five hundred thousand pesos is hereby appropriated, out of any funds in the National
Treasury not otherwise appropriated, to carry out the purposes of this Act. Thereafter, such sums as may be
necessary for the same purpose shall be included in the annual appropriations for the Supreme Court.

Section 3. This Act shall take effect upon its approval.

2. ROC, Rule 139-A, Sec 9-10

Section 9. Membership dues. — Every member of the Integrated Bar shall pay such annual dues as the Board of
Governors shall determine with the approval of the Supreme Court. A fixed sum equivalent to ten percent (10%) of
the collection from each Chapter shall be set aside as a Welfare Fund for disabled members of the Chapter and the
compulsory heirs of deceased members thereof.

Section 10. Effect of non-payment of dues. — Subject to the provisions of Section 12 of this Rule, default in
the payment of annual dues for six months shall warrant suspension of membership in the Integrated Bar, and default
in such payment for one year shall be a ground for the removal of the name of the delinquent member from the Roll
of Attorneys.

v. IBP Elections
1. In re 1989 Elections of the IBP, 178 SCR 398

2. 2009 IBP Elections, 638 SCRA 1 (2010)

3. Velez v. De Vera, 496 SCRA 345 (2006)

vi. IBP Dues

1. Santos Jr v. Llamas, 322 SCRA 529 (2000)

2. Letter of Atty Cecilio Arevalo, 458 SCRA 209 (2005)

3. Arnado v. Atty Homobono Adaza, A.C. 9834, 26 August 2015

b. Civility
i. In general
1. CPR, Canon 8
Canon 8 - A Lawyer Shall Conduct Himself With Courtesy, Fairness And Candor Towards His
Professional Colleagues, And Shall Avoid Harassing Tactics Against Opposing Counsel.

2. Bugarin v. Espanol, 349 SCRA 687 (2001)

3. Reyes v. Chiong, 405 SCRA 212 (2003)
4. Barandon v. Ferrer, 616 SCRA 529 (2010)
5. Espina v. Chavez, A.C. 7250, 20 April 2015 ii. Use of proper language
1. CPR, Rule 8.01
A Lawyer Shall Conduct Himself With Courtesy, Fairness And Candor Towards His Professional
Colleagues, And Shall Avoid Harassing Tactics Against Opposing Counsel.

2. Alcantara v. Pefianco, 393 SCRA 247 (2002)

3. Dallong-Galicinao v. Castro, 474 SCRA 1 (2005)
4. Noble v. Ailes, A.C. 10628, 1 July 2015
5. Rodriguez-Manahan v. Flores, A.C. 8954, 12 November 2013
6. Gimeno v. Zaide, A.C. 10303, 22 April 2015

iii. Not to encroach on professional employment

1. CPR, Rule 8.02

A lawyer shall not, directly or indirectly, encroach upon the professional employment of another
lawyer, however, it is the right of any lawyer, without fear or favor, to give proper advice and assistance to
those seeking relief against unfaithful or neglectful counsel.

2. Camacho v. Pangulayan, 328 SCRA 631 (2000)

3. Binay-an v. Addog, A.C. 10449, 28 July 2014

c. Solicitation and Advertising

i. Advertising
1. CPR, Canon 3
A lawyer in making known his legal services shall use only true, honest, fair, dignified and objective
information or statement of facts.

2. CPR, Rule 3.01

A lawyer shall not use or permit the use of any false, fraudulent, misleading, deceptive, undignified,
self-laudatory or unfair statement or claim regarding his qualifications or legal services.

3. Khan v. Simbillo, A.C. 5299, 19 August 2003

ii. Firm Name
1. CPR, Rule 3.02
In the choice of a firm name, no false, misleading or assumed name shall be used. The continued
use of the name of a deceased partner is permissible provided that the firm indicates in all its
communications that said partner is deceased.

2. Dacanay v. Baker & McKenzie, A.C. 2131, 10 May 1985

3. In re Petition of Sycip, GR X92-1, 30 July 1979
4. Nebreja v. Reonel, A.C. 9896, 19 March 2014

5. CPR, Rule 3.03

Where a partner accepts public office, he shall withdrawal from the firm and his name shall be
dropped from the firm name unless the law allows him to practice law currently.
6. Samonte v. Gatdula, A.M. P-99-1292, 20 February 1999
7. Constitution, Art VI, Sec 14;
SECTION 14. No Senator or Member of the House of Representatives may personally appear as
counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other
administrative bodies. Neither shall he, directly or indirectly, be interested financially in any contract
with, or in any franchise or special privilege granted by the Government, or any subdivision,
agency, or instrumentality thereof, including any government-owned or controlled corporation, or its
subsidiary, during his term of office. He shall not intervene in any matter before any office of the
Government for his pecuniary benefit or where he may be called upon to act on account of his
office.

8. Consti, Art VII, Sec 13;

SECTION 13. The President, Vice-President, the Members of the Cabinet, and their deputies or
assistants shall not, unless otherwise provided in this Constitution, hold any other office or
employment during their tenure. They shall not, during said tenure, directly or indirectly, practice
any other profession, participate in any business, or be financially interested in any contract with, or
in any franchise, or special privilege granted by the Government or any subdivision, agency, or
instrumentality thereof, including government-owned or controlled corporations or their subsidiaries.
They shall strictly avoid conflict of interest in the conduct of their office.

9. Consti, Art IX, Sec 2

SECTION 2. No Member of a Constitutional Commission shall, during his tenure, hold any other
office or employment. Neither shall he engage in the practice of any profession or in the active
management or control of any business which in any way be affected by the functions of his office,
 nor shall he be financially interested, directly or indirectly, in any contract with, or in any franchise or
privilege granted by the Government, any of its subdivisions, agencies, or instrumentalities,
including government-owned or controlled corporations or their subsidiaries.

iii. Solicitation
1. CPR, Rule 2.03
A lawyer shall not do or permit to be done any act designed primarily to solicit legal business.
2. ROC, Rule 138, Sec 27
Section 27. Attorneys removed or suspended by Supreme Court on what grounds. — A member of the
bar may be removed or suspended from his office as attorney by the Supreme Court for any deceit,
malpractice, or other gross misconduct in such office, grossly immoral conduct, or by reason of his
conviction of a crime involving moral turpitude, or for any violation of the oath which he is required to
take before the admission to practice, or for a wilfull disobedience of any lawful order of a superior court,
or for corruptly or willful appearing as an attorney for a party to a case without authority so to do. The
practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or
brokers, constitutes malpractice.

3. CPR, Rule 2.04

A lawyer shall not charge rates lower than those customarily prescribed unless the circumstances
so warrant.

4. In re Tagorda, 53 Phil 37 (1929)

5. Ulep v. Legal Clinic, B.M. 553, 17 June 1993

6. Linsangan v. Tolentino, A.C. 6672, 4 September 2009

7. Villatuya v. Tabalingcos, A.C. 6622, 10 July 2012

iv. Use of Media

1. CPR, Rule 3.04
A lawyer shall not pay or give anything of value to representatives of the mass media in anticipation
of, or in return for, publicity to attract legal business.

2. Cruz v. Salva, 105 Phil 1151 (1959)

B. To the SOCIETY
a. Rule of Law
i. Duty to respect the law and legal processes
1. CPR, Canon 1
A Lawyer Shall Uphold The Constitution, Obey The Laws Of The Land And Promote Respect For Law
Of And Legal Processe.

2. CPR, Rules 1.01 to 1.04

Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening
confidence in the legal system.
Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay
any man's cause.
Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a controversy if it will admit of a fair
settlement.

3. In re Gutierrez, 5 SCRA 661 (1962)

4. Zaldivar v. Gonzales, 166 SCRA 316 (1988)
5. In re Terrell, 2 Phil 266 (1903)
6. Estrada v. Sandiganbayan, 416 SCRA 465 (2003)
7. Areola v. Mendoza, A.C. 10135, 15 January 2014
8. Jimenez v. Verano, A.C. 8108 & 10299, 15 July 2014
9. Tan v. Diamante, A.C. 7766, 5 August 2014
10. Guarin v. Limpin, A.C. 10576, 14 January 2015

ii. Duty to impress upon client the duty to comply with laws
1. CPR, Rule 15.07
A lawyer shall impress upon his client compliance with the laws and the principles of fairness.

2. CPR, Rule 1.02

A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening
confidence in the legal system

3. CPR, Rule 19.02

A lawyer who has received information that his client has, in the course of the representation,
perpetrated a fraud upon a person or tribunal, shall promptly call upon the client to rectify the
same, and failing which he shall terminate the relationship with such client in accordance with
the Rules of Court.
 iii. Duty to uphold the Constitution and the national interest
1. Kuper v. Hontanosas, 587 SCRA 325 (2009)
2. Stemmerik v. Mas, 589 SCRA 114 (2009)

iv. Duty to uphold the integrity of the legal system

1. 2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC, 6 July 2004

(Read, understand, and be familiar)

RULE II
DEFINITIONS

SECTION 1. Acknowledgment. - “Acknowledgment” refers to an act in which an individual on a single

occasion:chanroblesvirtuallawlibrary

(a) appears in person before the notary public and presents an integrally complete instrument or document;

(b) is attested to be personally known to the notary public or identified by the notary public through competent evidence of
identity as defined by these Rules; and -

(c) represents to the notary public that the signature on the instrument or document was voluntarily affixed by him for the
purposes stated in the instrument or document, declares that he has executed the instrument or document as his free and
voluntary act and deed, and, if he acts in a particular representative capacity, that he has the authority to sign in that capacity.

SEC. 2. Affirmation or Oath. - The term “Affirmation” or “Oath” refers to an act in which an individual on a single occasion:

(a) appears in person before the notary public;

(b) is personally known to the notary public or identified by the notary public through competent evidence of identity as defined
by these Rules; and
(c) avows under penalty of law to the whole truth of the contents of the instrument or document.

SEC. 3. Commission. - “Commission” refers to the grant of authority to perform notarial acts and to the written evidence of the
authority.

SEC. 4. Copy Certification. - “Copy Certification” refers to a notarial act in which a notary public:chanroblesvirtuallawlibrary

(a) is presented with an instrument or document that is neither a vital record, a public record, nor publicly recordable;
(b) copies or supervises the copying of the instrument or document;
(c) compares the instrument or document with the copy; and
(d) determines that the copy is accurate and complete.

SEC. 5. Notarial Register. - “Notarial Register” refers to a permanently bound book with numbered pages containing a
chronological record of notarial acts performed by a notary public.

SEC. 6. Jurat. - “Jurat” refers to an act in which an individual on a single occasion:chanroblesvirtuallawlibrary

(a) appears in person before the notary public and presents an instrument or document;
(b) is personally known to the notary public or identified by the notary public through competent evidence of identity as defined
by these Rules;
(c) signs the instrument or document in the presence of the notary; and
(d) takes an oath or affirmation before the notary public as to such instrument or document.

SEC. 7. Notarial Act and Notarization. - “Notarial Act” and “Notarization” refer to any act that a notary public is empowered to
perform under these Rules.

SEC. 8. Notarial Certificate. - “Notarial Certificate” refers to the part of, or attachment to, a notarized instrument or document
that is completed by the notary public, bears the notary's signature and seal, and states the facts attested to by the notary public
in a particular notarization as provided for by these Rules.

SEC. 9. Notary Public and Notary. - “Notary Public” and “Notary” refer to any person commissioned to perform official acts
under these Rules.

SEC. 10. Principal. - “Principal” refers to a person appearing before the notary public whose act is the subject of notarization.

SEC. 11. Regular Place of Work or Business. - The term “regular place of work or business” refers to a stationary office in the
city or province wherein the notary public renders legal and notarial services.

SEC. 12. Competent Evidence of Identity. - The phrase “competent evidence of identity” refers to the identification of an
individual based on:chanroblesvirtuallawlibrary

(a) at least one current identification document issued by an official agency bearing the photograph and signature of the
individual; or
(b) the oath or affirmation of one credible witness not privy to the instrument, document or transaction who is personally known
to the notary public and who personally knows the individual, or of two credible witnesses neither of whom is privy to the
instrument, document or transaction who each personally knows the individual and shows to the notary public documentary
identification.

SEC. 13. Official Seal or Seal. - “Official seal” or “Seal” refers to a device for affixing a mark, image or impression on all papers
officially signed by the notary public conforming the requisites prescribed by these Rules.

SEC. 14. Signature Witnessing. - The term “signature witnessing” refers to a notarial act in which an individual on a single
occasion:

(a) appears in person before the notary public and presents an instrument or document;
(b) is personally known to the notary public or identified by the notary public through competent evidence of identity as defined
by these Rules; and
(c) signs the instrument or document in the presence of the notary public.

SEC. 15. Court. - “Court” refers to the Supreme Court of the Philippines.

SEC. 16. Petitioner. - “Petitioner” refers to a person who applies for a notarial commission.

SEC. 17. Office of the Court Administrator. - “Office of the Court Administrator” refers to the Office of the Court Administrator of
the Supreme Court.

SEC. 18. Executive Judge. - “Executive Judge” refers to the Executive Judge of the Regional Trial Court of a city or province
who issues a notarial commission.

SEC. 19. Vendor. - “Vendor” under these Rules refers to a seller of a notarial seal and shall include a wholesaler or retailer.

SEC. 20. Manufacturer. - “Manufacturer” under these Rules refers to one who produces a notarial seal and shall include an
engraver and seal maker.

a. Rule IV, Sec 1-6

RULE IV
POWERS AND LIMITATIONS OF NOTARIES PUBLIC

SECTION 1. Powers. - (a) A notary public is empowered to perform the following notarial acts:chanroblesvirtuallawlibrary

(1) acknowledgments;
(2) oaths and affirmations;
(3) jurats;
(4) signature witnessings;
(5) copy certifications; and
(6) any other act authorized by these Rules.

(b) A notary public is authorized to certify the affixing of a signature by thumb or other mark on an instrument or document presented for
notarization if:chanroblesvirtuallawlibrary

(1) the thumb or other mark is affixed in the presence of the notary public and of two (2) disinterested and unaffected witnesses to the
instrument or document;
(2) both witnesses sign their own names in addition to the thumb or other mark;
(3) the notary public writes below the thumb or other mark: "Thumb or Other Mark affixed by (name of signatory by mark) in the
presence of (names and addresses of witnesses) and undersigned notary public"; and
(4) the notary public notarizes the signature by thumb or other mark through an acknowledgment, jurat, or signature witnessing.

(c) A notary public is authorized to sign on behalf of a person who is physically unable to sign or make a mark on an instrument or
document if:chanroblesvirtuallawlibrary

(1) the notary public is directed by the person unable to sign or make a mark to sign on his behalf;
(2) the signature of the notary public is affixed in the presence of two disinterested and unaffected witnesses to the instrument or
document;
(3) both witnesses sign their own names ;
(4) the notary public writes below his signature: “Signature affixed by notary in presence of (names and addresses of person and two
[2] witnesses)”; and
(5) the notary public notarizes his signature by acknowledgment or jurat.

SEC. 2. Prohibitions. - (a) A notary public shall not perform a notarial act outside his regular place of work or business; provided,
however, that on certain exceptional occasions or situations, a notarial act may be performed at the request of the parties in the
following sites located within his territorial jurisdiction:

(1) public offices, convention halls, and similar places where oaths of office may be administered;
(2) public function areas in hotels and similar places for the signing of instruments or documents requiring notarization;
(3) hospitals and other medical institutions where a party to an instrument or document is confined for treatment; and
(4) any place where a party to an instrument or document requiring notarization is under detention.

(b) A person shall not perform a notarial act if the person involved as signatory to the instrument or document -

(1) is not in the notary's presence personally at the time of the notarization; and
(2) is not personally known to the notary public or otherwise identified by the notary public through competent evidence of identity as
defined by these Rules.

SEC. 3. Disqualifications. - A notary public is disqualified from performing a notarial act if he:chanroblesvirtuallawlibrary

(a) is a party to the instrument or document that is to be notarized;

(b) will receive, as a direct or indirect result, any commission, fee, advantage, right, title, interest, cash, property, or other
consideration, except as provided by these Rules and by law; or
(c) is a spouse, common-law partner, ancestor, descendant, or relative by affinity or consanguinity of the principal within the fourth civil
degree.

SEC. 4. Refusal to Notarize. - A notary public shall not perform any notarial act described in these Rules for any person requesting
such an act even if he tenders the appropriate fee specified by these Rules if:chanroblesvirtuallawlibrary

(a) the notary knows or has good reason to believe that the notarial act or transaction is unlawful or immoral;
(b) the signatory shows a demeanor which engenders in the mind of the notary public reasonable doubt as to the former's knowledge
of the consequences of the transaction requiring a notarial act; and
(c) in the notary's judgment, the signatory is not acting of his or her own free will.

SEC. 5. False or Incomplete Certificate. - A notary public shall not:

(a) execute a certificate containing information known or believed by the notary to be false.
(b) affix an official signature or seal on a notarial certificate that is incomplete.

SEC. 6. Improper Instruments or Documents. - A notary public shall not notarize:chanroblesvirtuallawlibrary

(a) a blank or incomplete instrument or document; or

(b) an instrument or document without appropriate notarial certification.

RULE III
COMMISSIONING OF NOTARY PUBLIC

SECTION 1. Qualifications. - A notarial commission may be issued by an Executive Judge to any qualified person who submits a
petition in accordance with these Rules. chan robles virtual law library

To be eligible for commissioning as notary public, the petitioner:chanroblesvirtuallawlibrary

(1) must be a citizen of the Philippines; chan robles virtual law library
(2) must be over twenty-one (21) years of age; chan robles virtual law library
(3) must be a resident in the Philippines for at least one (1) year and maintains a regular place of work or business in the city or
province where the commission is to be issued; chan robles virtual law library
(4) must be a member of the Philippine Bar in good standing with clearances from the Office of the Bar Confidant of the Supreme Court
and the Integrated Bar of the Philippines; and
(5) must not have been convicted in the first instance of any crime involving moral turpitude.

SEC. 2. Form of the Petition and Supporting Documents. - Every petition for a notarial commission shall be in writing, verified, and shall
include the following:chanroblesvirtuallawlibrary

(a) a statement containing the petitioner's personal qualifications, including the petitioner's date of birth, residence, telephone number,
professional tax receipt, roll of attorney's number and IBP membership number;

(b) certification of good moral character of the petitioner by at least two (2) executive officers of the local chapter of the Integrated Bar
of the Philippines where he is applying for commission;

(c) proof of payment for the filing of the petition as required by these Rules; and

(d) three (3) passport-size color photographs with light background taken within thirty (30) days of the application. The photograph
should not be retouched. The petitioner shall sign his name at the bottom part of the photographs.

SEC. 3. Application Fee. - Every petitioner for a notarial commission shall pay the application fee as prescribed in the Rules of Court.
chan robles virtual law library

SEC. 4. Summary Hearing on the Petition. - The Executive Judge shall conduct a summary hearing on the petition and shall grant the
same if:chanroblesvirtuallawlibrary

(a) the petition is sufficient in form and substance;

(b) the petitioner proves the allegations contained in the petition; and
(c) the petitioner establishes to the satisfaction of the Executive Judge that he has read and fully understood these Rules.

The Executive Judge shall forthwith issue a commission and a Certificate of Authorization to Purchase a Notarial Seal in favor of the
petitioner. chan robles virtual law library

SEC. 5. Notice of Summary Hearing. -

(a) The notice of summary hearing shall be published in a newspaper of general circulation in the city or province where the hearing
shall be conducted and posted in a conspicuous place in the offices of the Executive Judge and of the Clerk of Court. The cost of the
publication shall be borne by the petitioner. The notice may include more than one petitioner.

b. Rule VII, Sec 1-2

RULE VII
SIGNATURE AND SEAL OF NOTARY PUBLIC

SECTION 1. Official Signature. – In notarizing a paper instrument or document, a notary public shall:chanroblesvirtuallawlibrary

(a) sign by hand on the notarial certificate only the name indicated and as appearing on the notary's commission;
(b) not sign using a facsimile stamp or printing device; and
(c) affix his official signature only at the time the notarial act is performed.

SEC. 2. Official Seal. - (a) Every person commissioned as notary public shall have a seal of office, to be procured at his own expense,
which shall not be possessed or owned by any other person. It shall be of metal, circular in shape, two inches in diameter, and shall
have the name of the city or province and the word “Philippines” and his own name on the margin and the roll of attorney's number on
the face thereof, with the words "notary public" across the center. A mark, image or impression of such seal shall be made directly on
the paper or parchment on which the writing appears.

(b) The official seal shall be affixed only at the time the notarial act is performed and shall be clearly impressed by the notary public on
every page of the instrument or document notarized.

(c) When not in use, the official seal shall be kept safe and secure and shall be accessible only to the notary public or the person duly
authorized by him.

(d) Within five (5) days after the official seal of a notary public is stolen, lost, damaged or other otherwise rendered unserviceable in
affixing a legible image, the notary public, after informing the appropriate law enforcement agency, shall notify the Executive Judge in
writing, providing proper receipt or acknowledgment, including registered mail, and in the event of a crime committed, provide a copy or
entry number of the appropriate police record. Upon receipt of such notice, if found in order by the Executive Judge, the latter shall
order the notary public to cause notice of such loss or damage to be published, once a week for three (3) consecutive weeks, in a
newspaper of general circulation in the city or province where the notary public is commissioned. Thereafter, the Executive Judge shall
issue to the notary public a new Certificate of Authorization to Purchase a Notarial Seal.

(e) Within five (5) days after the death or resignation of the notary public, or the revocation or expiration of a notarial commission, the
official seal shall be surrendered to the Executive Judge and shall be destroyed or defaced in public during office hours. In the event
that the missing, lost or damaged seal is later found or surrendered, it shall be delivered by the notary public to the Executive Judge to
be disposed of in accordance with this section. Failure to effect such surrender shall constitute contempt of court. In the event of death
of the notary public, the person in possession of the official seal shall have the duty to surrender it to the Executive Judge.

SEC. 3. Seal Image. - The notary public shall affix a single, clear, legible, permanent, and photographically reproducible mark, image or
impression of the official seal beside his signature on the notarial certificate of a paper instrument or document.

SEC. 4. Obtaining and Providing Seal. - (a) A vendor or manufacturer of notarial seals may not sell said product without a written
authorization from the Executive Judge.

(b) Upon written application and after payment of the application fee, the Executive Judge may issue an authorization to sell to a vendor
or manufacturer of notarial seals after verification and investigation of the latter's qualifications. The Executive Judge shall charge an
authorization fee in the amount of PhP 4,000 for the vendor and PhP 8,000 for the manufacturer. If a manufacturer is also a vendor, he
shall only pay the manufacturer's authorization fee.

(c) The authorization shall be in effect for a period of four (4) years from the date of its issuance and may be renewed by the Executive
Judge for a similar period upon payment of the authorization fee mentioned in the preceding paragraph.

(d) A vendor or manufacturer shall not sell a seal to a buyer except upon submission of a certified copy of the commission and the
Certificate of Authorization to Purchase a Notarial Seal issued by the Executive Judge. A notary public obtaining a new seal as a result
of change of name shall present to the vendor or manufacturer a certified copy of the Confirmation of the Change of Name issued by
the Executive Judge.

(e) Only one seal may be sold by a vendor or manufacturer for each Certificate of Authorization to Purchase a Notarial Seal.

(f) After the sale, the vendor or manufacturer shall affix a mark, image or impression of the seal to the Certificate of Authorization to
Purchase a Notarial Seal and submit the completed Certificate to the Executive Judge. Copies of the Certificate of Authorization to
Purchase a Notarial Seal and the buyer's commission shall be kept in the files of the vendor or manufacturer for four (4) years after the
sale.

(g) A notary public obtaining a new seal as a result of change of name shall present to the vendor a certified copy of the order
confirming the change of name issued by the Executive Judge.

c. Rule XI, Sec 1

RULE XI
REVOCATION OF COMMISSION AND DISCIPLINARY SANCTIONS
SECTION 1. Revocation and Administrative Sanctions. - (a) The Executive Judge shall revoke a notarial commission for any ground on
which an application for a commission may be denied.

(b) In addition, the Executive Judge may revoke the commission of, or impose appropriate administrative sanctions upon, any notary
public who:chanroblesvirtuallawlibrary

(1) fails to keep a notarial register;

(2) fails to make the proper entry or entries in his notarial register concerning his notarial acts;
(3) fails to send the copy of the entries to the Executive Judge within the first ten (10) days of the month following;
(4) fails to affix to acknowledgments the date of expiration of his commission;
(5) fails to submit his notarial register, when filled, to the Executive Judge;
(6) fails to make his report, within a reasonable time, to the Executive Judge concerning the performance of his duties, as may be
required by the judge;
(7) fails to require the presence of a principal at the time of the notarial act;
(8) fails to identify a principal on the basis of personal knowledge or competent evidence;
(9) executes a false or incomplete certificate under Section 5, Rule IV;
(10) knowingly performs or fails to perform any other act prohibited or mandated by these Rules; and
(11) commits any other dereliction or act which in the judgment of the Executive Judge constitutes good cause for revocation of
commission or imposition of administrative sanction.

(c) Upon verified complaint by an interested, affected or aggrieved person, the notary public shall be required to file a verified answer to
the complaint. If the answer of the notary public is not satisfactory, the Executive Judge shall conduct a summary hearing. If the
allegations of the complaint are not proven, the complaint shall be dismissed. If the charges are duly established, the Executive Judge
shall impose the appropriate administrative sanctions. In either case, the aggrieved party may appeal the decision to the Supreme
Court for review. Pending the appeal, an order imposing disciplinary sanctions shall be immediately executory, unless otherwise
ordered by the Supreme Court.

(d) The Executive Judge may motu proprio initiate administrative proceedings against a notary public, subject to the procedures
prescribed in paragraph (c) above and impose the appropriate administrative sanctions on the grounds mentioned in the preceding
paragraphs (a) and (b).

a. Spouses Santuyo v. Hidalgo, 448 SCRA 282 (2005)

b. Sicat v. Ariola, 456 SCRA 93 (2005)
c. Mondejar v. Rubia, 496 SCRA 1 (2006)
d. Lee v. Tambago, 544 SCRA 393 (2008)

2. Notarial Duties (note the various ways by which the Notarial Rules are violated
a. Crisostomo v. Nazareno, A.C. 6677, 10 June 2014
b. De Jesus v. Sanchez-Malit, A.C. 6470, 8 July 2014
c. Almazan v. Suerte-Felipe, A.C. 7184. 17 September 2014
d. In re: Order of Judge Madamba, A.C. 10119, 11 November 2014
e. Angeles v. Bagay, A.C. 8103, 3 December 2014
f. Re: Violation of Rules on Notarial Practice, A.M. 09-6-1-SC, 21
January 2015
g. Relampagis v. Lagunay, A.C. 10703, 9 February 2015
h. Pitogo v. Suello, A.C. 10695, 18 March 2015
i. Heirs of Alilano v. Examen, A.C. 10132, 24 March 2015
j. Gimeno v. Zaide, A.C. 10303, 22 April 2015

b. Service to the Needy, Defenseless and Oppressed

i. Duty to not reject oppressed and defenseless
1. CPR, Canon 2 including Rules 2.01-2.02
A lawyer shall make his legal services available in an efficient and convenient manner compatible
with the independence, integrity and effectiveness of the profession.
Rule 2.01 - a lawyer shall not reject, except for valid reasons, the cause of the defenseless or the
oppressed.
Rule 2.02 - in such cases, even if the lawyer does not accept a case, he shall not refuse to render
legal advice to the person concerned if only to the extent necessary to safeguard the latter's rights.

2. R.A. 10389, Recognizance Act of 2012

An act institutionalizing recognizance as a mode of granting the release of an indigent person
in custody as an accused in a criminal case and for other purposes

ii. Duty not to decline representation on account of status

1. CPR, Canon 14
 A lawyer shall not refuse his services to the needy.

2. CPR, Rule 14.01

A lawyer shall not decline to represent a person solely on account of the latter's race, sex. creed or
status of life, or because of his own opinion regarding the guilt of said person.

3. Mandatory Legal Aid Service for Practicing Lawyers, B.M. 2012, 10

February 2009

Last February 10, 2009, the Supreme Court approved Bar Matter 2012 or the Rule on Mandatory Legal Aid Service governing the
mandatory requirement for practicing lawyers to render free legal aid services in all cases (whether civil, criminal, or administrative)
involving indigent and pauper litigants where the assistance of a lawyer is needed. It also mandates other members of the legal
profession to support the legal aid program of the Integrated Bar of the Philippines.

All practicing lawyers are required to render a minimum of sixty (60) hours of free legal aid services to indigent litigants in a year.
Clerks of Court and the IBP Legal Aid Chairperson of the IBP Chapter are designated to coordinate with a lawyer for cases where
he may render free legal aid service.

The following lawyers are excluded in the term “practicing lawyer”:

1. Government employees and incumbent elective officials not allowed by law to practice;

2. Lawyers who by law are not allowed to appear in court;

3. Supervising lawyers of students enrolled in law student practice in duly accredited legal clinics of law schools and lawyers of
non-governmental organizations (NGOs) and peoples organizations (POs) like the Free Legal Assistance Group who by the nature
of their work already render free legal aid to indigent and pauper litigants and

4. Lawyers not covered under subparagraphs (1) to (3) including those who are employed in the private sector but do not appear
for and in behalf of parties in courts of law and quasi-judicial agencies.

Indigent and pauper litigants are those whose gross income and that of their immediate family do not exceed an amount double the
monthly minimum wage of an employee and those who not own any real property. They are exempt from payment of docket fees
and lawful fees as well as transcripts of stenographic notes.

A penalty of Php 4,000 shall be imposed on the lawyer who fails to meet the required minimum number of hours of legal aid
service each year required by the IBP without satisfactory explanation. The lawyer shall have a “not in good standing” status and
shall not be allowed to appear in court or any quasi-judicial body as counsel for a period of 3 months. A lawyer who fails to comply
with the duties in the Rule for at least 3 consecutive years shall be subject to disciplinary proceedings and may be suspended from
the practice of law for 1 year.

iii. Duty to serve as counsel de oficio

1. CPR, Rule 14.02
A lawyer shall not decline, except for serious and sufficient cause, an appointment as counsel de
officio or as amicus curiae, or a request from the Integrated Bar of the Philippines or any of its chapters
for rendition of free legal aid.

2. ROC, Rule 138, Sec 31

Attorneys for destitute litigants. — A court may assign an attorney to render professional aid free of
charge to any party in a case, if upon investigation it appears that the party is destitute and unable to
employ an attorney, and that the services of counsel are necessary to secure the ends of justice and to
protect the rights of the party. It shall be the duty of the attorney so assigned to render the required
service, unless he is excused therefrom by the court for sufficient cause shown

3. ROC, Rule 138, Sec 20 (h)

(h) Never to reject, for any consideration personal to himself, the cause of the defenseless or
oppressed.

4. ROC, Rule 116, Sec 6-8

Section 6. Duty of court to inform accused of his right to counsel. — Before arraignment, the court
shall inform the accused of his right to counsel and ask him if he desires to have one. Unless the accused is
allowed to defend himself in person or has employed a counsel of his choice, the court must assign a
counsel de oficio to defend him. (6a)

Section 7. Appointment of counsel de oficio. — The court, considering the gravity of the offense
and the difficulty of the questions that may arise, shall appoint as counsel de oficio only such members of
the bar in good standing who, by reason of their experience and ability, can competently defend the
accused. But in localities where such members of the bar are not available, the court may appoint any
person, resident of the province and of good repute for probity and ability, to defend the accused. (7a)

Section 8. Time for counsel de oficio to prepare for arraignment. — Whenever a counsel de
oficio is appointed by the court to defend the accused at the arraignment, he shall be given a reasonable
time to consult with the accused as to his plea before proceeding with the arraignment. (8)

5. ROC, Rule 124, Sec 2

Procedure in the Court of Appeals

Appointment of counsel de oficio for the accused. — If it appears from the record of the case as
transmitted that (a) the accused is confined in prison, (b) is without counsel de parte on appeal, or (c) has
signed the notice of appeal himself, the clerk of court of the Court of Appeals shall designate a counsel de
oficio.

6. P.D. 543
PRESIDENTIAL DECREE No. 543 August 21, 1974
 AUTHORIZING THE DESIGNATION OF MUNICIPAL JUDGES AND LAWYERS IN ANY BRANCH OF THE GOVERNMENT
SERVICE TO ACT AS COUNSEL DE OFICIO FOR THE ACCUSED WHO ARE INDIGENT IN PLACES WHERE THERE ARE
NO AVAILABLE PRACTICING ATTORNEYS

WHEREAS, under existing law, Municipal Judges and other lawyers in the government service are prohibited from practicing
law;

WHEREAS, there are some places where there are no available legal practitioners, as a result of which the trial of cases in
court is delayed to the prejudice particularly of detention prisoners;

WHEREAS, for the protection of the rights of the accused who cannot afford to hire lawyers from other places and to prevent
miscarriage of justice, it is necessary that they be provided with counsel;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the
Constitution as commander-in-Chief of the Armed Forces of the Philippines, and pursuant to Proclamation No. 1081, dated
September 21, 1972, and General Order No. 1, dated September 22, 1972, as amended, do hereby order and decree as follows:

Section 1. Designation of Municipal Judges and lawyers in any branch of the government service, as counsel de oficio. In
places where there are no available practicing lawyers, the District Judge or Circuit Criminal Court Judge shall designate a
municipal judge or a lawyer employed in any branch, subdivision or instrumentality of the government within the province, as
counsel de oficio for an indigent person who is facing a criminal charge before his court, and the services of such counsel de oficio
shall be duly compensated by the Government in accordance with Section thirty-two, Rule One Hundred Thirty Eight of the Rules
of Court.

If the criminal case wherein the services of a counsel de oficio are needed is pending before a City or municipal court, the city
or municipal judge concerned shall immediately recommend to the nearest District Judge the appointment of a counsel de oficio,
and the District Judge shall forthwith appoint one in accordance with the preceding paragraph.

For purposes of this Decree an indigent person is anyone who has no visible means of support or whose income does not
exceed P300 per month or whose income even in excess of P300 is insufficient for the subsistence of his family, which fact shall
be determined by the Judge in whose court the case is pending, taking into account the number of the members of his family
dependent upon him for subsistence.

iv. Valid ground for refusal

1. CPR, Rule 14.03

Rule 14.03 - A lawyer may not refuse to accept representation of an indigent client
if:chanroblesvirtuallawlibrary
(a) he is not in a position to carry out the work effectively or competently;
(b) he labors under a conflict of interest between him and the prospective client or between a present client
and the prospective client.

v. Same standard of conduct for paying and non-paying clients

1. CPR, Rule 14.04
A lawyer who accepts the cause of a person unable to pay his professional fees shall observe the
same standard of conduct governing his relations with paying clients.
2. A.M. 08-11-7-SC, 10 September 2009

3. R.A. 6033
AN ACT REQUIRING COURTS TO GIVE PREFERENCE TO CRIMINAL CASES WHERE THE PARTY OR PARTIES INVOLVE
ARE INDIGENTS.

Section 1. Any provision of existing law to be contrary notwithstanding and with the exception of habeas corpus and election cases
and cases involving detention prisoners, and persons covered by Republic Act Numbered Four thousand nine hundred eight, all
courts shall give preference to the hearing and/or disposition of criminal cases where an indigent is involved either as the offended
party or accused. The trial in these cases shall commence within three days from date of arraignment and no postponement of the
hearings shall be granted except on the ground of illness of the accused or other similar justifiable grounds. City and provincial
fiscals and courts shall forthwith conduct the preliminary investigation of a criminal case involving an indigent within three days
after its filing and shall terminate the same within two weeks.

Section 2. As used in this Act, the term "indigent" shall refer to a person who has no visible means of income or whose income is
insufficient for the subsistence of his family, to be determined by the fiscal or judge, taking into account the members of his family
dependent upon him for subsistence.

Section 3. An indigent who is the offended party, respondent or an accused in a criminal case and who desires to avail of the
preference granted under this Act shall file a sworn statement of the fact of his being indigent and the said sworn statement shall
be sufficient basis for the court or fiscal to give preference to the trial and disposition of such criminal case.

Section 4. Any willful or malicious refusal on the part of any fiscal or judge to carry out the provisions of this Act shall constitute
sufficient ground for disciplinary action which may include suspension or removal.

4. R.A. 6034

AN ACT PROVIDING TRANSPORTATION AND OTHER ALLOWANCES FOR INDIGENT LITIGANTS.

 Section 1. Any provision of existing law to the contrary notwithstanding, any indigent litigant may, upon motion, ask the Court for
adequate travel allowance to enable him and his indigent witnesses to attendant the hearing of a criminal case commenced by his
complaint or filed against him. The allowance shall cover actual transportation expenses by the cheapest means from his place of
residence to the court and back. When the hearing of the case requires the presence of the indigent litigant and/or his indigent
witnesses in court the whole day or for two or more consecutive days, allowances may, in the discretion of the Court, also cover
reasonable expenses for meal and lodging.

For the purpose of this Act, indigent litigants shall include anyone who has no visible means of income or whose income is
insufficient for his family as determined by the Court under Section 2, hereof.

Section 2. If the court determines that the petition for transportation allowance is meritorious, said court shall immediately issue an
order directing the provincial, city or municipal treasurer to pay the indigent litigant the travel allowance out of any funds in his
possession and proceed without delay to the trial of the case. The provincial, city or municipal treasurer shall hold any such
payments as cash items until reimbursed by the national government.

Section 3. All payments of travel allowances made by provincial, city and municipal treasurer under this Act as of October 31 each
year, shall be transmitted to the Commissioner of the Budget not later than November 30 each year for inclusion in the annual
General Appropriations Act. The necessary sum is hereby authorized to be appropriated out of the funds in the National Treasury
not otherwise appropriated.

5. R.A. 6035
AN ACT REQUIRING STENOGRAPHERS TO GIVE FREE TRANSCRIPT OF NOTES TO INDIGENT AND LOW INCOME
LITIGANTS AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF.

Section 1. A stenographer who has attended a hearing before an investigating fiscal or trial judge or hearing commissioner of any
quasi-judicial body or administrative tribunal and has officially taken notes of the proceeding thereof shall, upon written request of
an indigent or low income litigant, his counsel or duly authorized representative in the case concerned, give within a reasonable
period to be determined by the fiscal, judge, commissioner or tribunal hearing the case, a free certified transcript of notes take by
him on the case.

Section 2. A litigant who desires to avail himself of the privilege granted under Section one hereof shall, at the investigation,
hearing, or trial, establish his status as an indigent or low income litigant and the investigating fiscal or judge or commissioner or
tribunal hearing the case shall resolve the same in the same proceeding.

For the purpose of this Act, an "indigent or low income litigant" shall include anyone who has no visible means of support or whose
income does not exceed P300 per month or whose income even in excess of P300 per month is insufficient for the subsistence of
his family, which fact shall be determined by the investigating fiscal or trial judge or commissioner or tribunal hearing the case
taking into account the number of the members of his family dependent upon him for subsistence.

Section 3. Any stenographer who, after due hearing in accordance with the pertinent provisions of Republic Act No. 2260, as
amended, has been found to have violated the provisions of Section one of this Act or has unreasonable delayed the giving of a
free certified transcript of notes to an indigent or low income litigant shall be subject to the following disciplinary actions:

(a) suspension from office for a period not exceeding thirty (30) days upon finding of guilt for the first time;

(b) suspension from office for not less than thirty (30) days and not more than sixty (60) days upon finding of guilt for the second
time; and

(c) removal from office upon finding of guilt for the third time.

Section 4. This Act shall apply to all indigent or low income litigants who, at the time of its approval, have pending cases in any
fiscal office, court, or quasi-judicial body or administrative tribunal.

Section 5. The Department of Justice shall prescribe such rules and regulations as may be necessary to carry out the purposes of
this Act, and the Department Head concerned shall provide the necessary supplies and authorize the use of government
equipment by the stenographers concerned.

6. R.A. 6036

AN ACT PROVIDING THAT BAIL SHALL NOT, WITH CERTAIN EXCEPTIONS, BE REQUIRED IN CASES OF VIOLATIONS OF
MUNICIPAL OR CITY ORDINANCES AND IN CRIMINAL OFFENSES WHEN THE PRESCRIBED PENALTY FOR SUCH
OFFENSES IS NOT HIGHER THAN ARRESTO MAYOR AND/OR A FINE OF TWO THOUSAND PESOS OR BOTH.

Section 1. Any provision of existing law to the contrary notwithstanding, bail shall not be required of a person charged with violation of
a municipal or city ordinance, a light felony and/or a criminal offense the prescribed penalty for which is not higher than six months
imprisonment and/or a fine of two thousand pesos, or both, where said person has established to the satisfaction of the court or any
other appropriate authority hearing his case that he is unable to post the required cash or bail bond, except in the following cases:

(a) When he is caught committing the offense in flagranti;

(b) When he confesses to the commission of the offense unless the confession is later repudiated by him in a sworn statement
or in open court as having been extracted through force or intimidation;

(c) When he is found to have previously escaped from legal confinement, evaded sentence, or jumped bail;

(d) When he is found to have previously violated the provisions of Section 2 hereof;
 (e) When he is found to be a recidivist or a habitual delinquent or has been previously convicted for an offense to which the
law or ordinance attaches an equal or greater penalty or for two or more offenses to which it attaches a lighter penalty;

(f) When he commits the offense while on parole or under conditional pardon; and

(g) When the accused has previously been pardoned by the municipal or city mayor for violation of municipal or city ordinance
for at least two times.

Section 2. Instead of bail, the person charged with any offense contemplated by Section 1 hereof shall be required to sign in the
presence of two witnesses of good standing in the community a sworn statement binding himself, pending final decision of his case, to
report to the Clerk of the Court hearing his case periodically every two weeks. The Court may, in its discretion and with the consent of
the person charged, require further that he be placed under the custody and subject to the authority of a responsible citizen in the
community who may be willing to accept the responsibility. In such a case the affidavit herein mentioned shall include a statement of
the person charged that he binds himself to accept the authority of the citizen so appointed by the Court. The Clerk of Court shall
immediately report the presence of the accused person to the Court. Except when his failure to report is for justifiable reasons including
circumstances beyond his control to be determined by the Court, any violation of this sworn statement shall justify the Court to order his
immediate arrest unless he files bail in the amount forthwith fixed by the Court.

Section 3. This Act shall apply to all person who, at the time of its approval, are under temporary detention for inability to post bail for
charges contemplated by Section 1 above.

7. R.A. 9406, Sec 16-D (2007)

"SEC. 16-D. Exemption from Fees and Costs of the Suit. - The clients of the PAO shall exempt from payment of docket and other
fees incidental to instituting an action in court and other quasi-judicial bodies, as an original proceeding or on appeal.

c. Peaceful Settlement of Dispute

i. To discourage litigation
1. CPR, Rule 1.03
A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any
man's cause.
2. Saburnido v. Madrono, GR A.C. 4497, 26 September 2001

ii. To settle controversies outside of the court whenever possible

1. CPR, Rule 1.04
A lawyer shall encourage his clients to avoid, end or settle a controversy if it will admit of a fair
settlement.

2. CPR, Rule 15.04

A lawyer may, with the written consent of all concerned, act as mediator, conciliator or arbitrator in
settling disputes.

3. Castaneda v. Ago, 65 SCRA 505 (1975)

4. R.A. 9285, Chapters 1 & 2, ADR Act of 2004

Republic Act No. 9285 April 2, 2004

AN ACT TO INSTITUTIONALIZE THE USE OF AN ALTERNATIVE DISPUTE RESOLUTION SYSTEM IN THE PHILIPPINES
AND TO ESTABLISH THE OFFICE FOR ALTERNATIVE DISPUTE RESOLUTION, AND FOR OTHER PURPOSES

CHAPTER 1 - GENERAL PROVISIONS

SECTION 1. Title. - This act shall be known as the "Alternative Dispute Resolution Act of 2004."

SEC. 2. Declaration of Policy. - it is hereby declared the policy of the State to actively promote party autonomy in the resolution of
disputes or the freedom of the party to make their own arrangements to resolve their disputes. Towards this end, the State shall
encourage and actively promote the use of Alternative Dispute Resolution (ADR) as an important means to achieve speedy and
impartial justice and declog court dockets. As such, the State shall provide means for the use of ADR as an efficient tool and an
alternative procedure for the resolution of appropriate cases. Likewise, the State shall enlist active private sector participation in
the settlement of disputes through ADR. This Act shall be without prejudice to the adoption by the Supreme Court of any ADR
system, such as mediation, conciliation, arbitration, or any combination thereof as a means of achieving speedy and efficient
means of resolving cases pending before all courts in the Philippines which shall be governed by such rules as the Supreme Court
may approve from time to time.

SEC. 3. Definition of Terms. - For purposes of this Act, the term:

(a) "Alternative Dispute Resolution System" means any process or procedure used to resolve a dispute or controversy, other than
by adjudication of a presiding judge of a court or an officer of a government agency, as defined in this Act, in which a neutral third
party participates to assist in the resolution of issues, which includes arbitration, mediation, conciliation, early neutral evaluation,
mini-trial, or any combination thereof;

(b) "ADR Provider" means institutions or persons accredited as mediator, conciliator, arbitrator, neutral evaluator, or any person
exercising similar functions in any Alternative Dispute Resolution system. This is without prejudice to the rights of the parties to
choose nonaccredited individuals to act as mediator, conciliator, arbitrator, or neutral evaluator of their dispute.
Whenever reffered to in this Act, the term "ADR practitioners" shall refer to individuals acting as mediator, conciliator, arbitrator or
neutral evaluator;

(c) "Authenticate" means to sign, execute or adopt a symbol, or encrypt a record in whole or in part, intended to identity the
authenticating party and to adopt, accept or establish the authenticity of a record or term;

(d) "Arbitration" means a voluntary dispute resolution process in which one or more arbitrators, appointed in accordance with the
agreement of the parties, or rules promulgated pursuant to this Act, resolve a dispute by rendering an award;

(e) "Arbitrator" means the person appointed to render an award, alone or with others, in a dispute that is the subject of an
arbitration agreement;

(f) "Award" means any partial or final decision by an arbitrator in resolving the issue in a controversy;

(g) "Commercial Arbitration" An arbitration is "commercial if it covers matter arising from all relationships of a commercial nature,
whether contractual or not;

(h) "Confidential information" means any information, relative to the subject of mediation or arbitration, expressly intended by the
source not to be disclosed, or obtained under circumstances that would create a reasonable expectation on behalf of the source
that the information shall not be disclosed. It shall include (1) communication, oral or written, made in a dispute resolution
proceedings, including any memoranda, notes or work product of the neutral party or non-party participant, as defined in this Act;
(2) an oral or written statement made or which occurs during mediation or for purposes of considering, conducting, participating,
initiating, continuing of reconvening mediation or retaining a mediator; and (3) pleadings, motions manifestations, witness
statements, reports filed or submitted in an arbitration or for expert evaluation;

(i) "Convention Award" means a foreign arbitral award made in a Convention State;

(j) "Convention State" means a State that is a member of the New York Convention;

(k) "Court" as referred to in Article 6 of the Model Law shall mean a Regional Trial Court;

(l) "Court-Annexed Mediation" means any mediation process conducted under the auspices of the court, after such court has
acquired jurisdiction of the dispute;

(m) "Court-Referred Mediation" means mediation ordered by a court to be conducted in accordance with the Agreement of the
Parties when as action is prematurely commenced in violation of such agreement;

(n) "Early Neutral Evaluation" means an ADR process wherein parties and their lawyers are brought together early in a pre-trial
phase to present summaries of their cases and receive a nonbinding assessment by an experienced, neutral person, with
expertise in the subject in the substance of the dispute;

(o) "Government Agency" means any government entity, office or officer, other than a court, that is vested by law with quasi-judicial
power to resolve or adjudicate dispute involving the government, its agencies and instrumentalities, or private persons;

(p) "International Party" shall mean an entity whose place of business is outside the Philippines. It shall not include a domestic
subsidiary of such international party or a coventurer in a joint venture with a party which has its place of business in the
Philippines.

The term foreigner arbitrator shall mean a person who is not a national of the Philippines.

(q) "Mediation" means a voluntary process in which a mediator, selected by the disputing parties, facilitates communication and
negotiation, and assist the parties in reaching a voluntary agreement regarding a dispute.

(r) "Mediator" means a person who conducts mediation;

(s) "Mediation Party" means a person who participates in a mediation and whose consent is necessary to resolve the dispute;

(t) "Mediation-Arbitration" or Med-Arb is a step dispute resolution process involving both mediation and arbitration;

(u) "Mini-Trial" means a structured dispute resolution method in which the merits of a case are argued before a panel comprising
senior decision makers with or without the presence of a neutral third person after which the parties seek a negotiated settlement;

(v) "Model Law" means the Model Law on International Commercial Arbitration adopted by the United Nations Commission on
International Trade Law on 21 June 1985;

(w) "New York Convention" means the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards
approved in 1958 and ratified by the Philippine Senate under Senate Resolution No. 71;

(x) "Non-Convention Award" means a foreign arbitral award made in a State which is not a Convention State;

(y) "Non-Convention State" means a State that is not a member of the New York Convention.

(z) "Non-Party Participant" means a person, other than a party or mediator, who participates in a mediation proceeding as a
witness, resource person or expert;

(aa) "Proceeding" means a judicial, administrative, or other adjudicative process, including related pre-hearing motions,
conferences and discovery;
(bb) "Record" means an information written on a tangible medium or stored in an electronic or other similar medium, retrievable
form; and

(cc) "Roster" means a list of persons qualified to provide ADR services as neutrals or to serve as arbitrators.

SEC. 4. Electronic Signatures in Global and E-Commerce Act. - The provisions of the Electronic Signatures in Global and E-
Commerce Act, and its implementing Rules and Regulations shall apply to proceeding contemplated in this Act.

SEC. 5. Liability of ADR Provider and Practitioner. - The ADR providers and practitioners shall have the same civil liability for the
Acts done in the performance of then duties as that of public officers as provided in Section 38 (1), Chapter 9, Book of the
Administrative Code of 1987.

SEC. 6. Exception to the Application of this Act. - The provisions of this Act shall not apply to resolution or settlement of the
following: (a) labor disputes covered by Presidential Decree No. 442, otherwise known as the Labor Code of the Philippines, as
amended and its Implementing Rules and Regulations; (b) the civil status of persons; (c) the validity of a marriage; (d) any ground
for legal separation; (e) the jurisdiction of courts; (f) future legitime; (g) criminal liability; and (h) those which by law cannot be
compromised.

CHAPTER 2 - MEDIATION

SEC. 7. Scope. - The provisions of this Chapter shall cover voluntary mediation, whether ad hoc or institutional, other than court-
annexed. The term "mediation' shall include conciliation.

SEC. 8. Application and Interpretation. - In applying construing the provisions of this Chapter, consideration must be given to the
need to promote candor or parties and mediators through confidentiality of the mediation process, the policy of fostering prompt,
economical, and amicable resolution of disputes in accordance with the principles of integrity of determination by the parties, and
the policy that the decision-making authority in the mediation process rests with the parties.

SEC. 9. Confidentiality of Information. - Information obtained through mediation proceedings shall be subject to the following
principles and guidelines:

(a) Information obtained through mediation shall be privileged and confidential.

(b) A party, a mediator, or a nonparty participant may refuse to disclose and may prevent any other person from disclosing a
mediation communication.

(c) Confidential Information shall not be subject to discovery and shall be inadmissible if any adversarial proceeding, whether
judicial or quasi-judicial, However, evidence or information that is otherwise admissible or subject to discovery does not become
inadmissible or protected from discovery solely by reason of its use in a mediation.

(d) In such an adversarial proceeding, the following persons involved or previously involved in a mediation may not be compelled
to disclose confidential information obtained during mediation: (1) the parties to the dispute; (2) the mediator or mediators; (3) the
counsel for the parties; (4) the nonparty participants; (5) any persons hired or engaged in connection with the mediation as
secretary, stenographer, clerk or assistant; and (6) any other person who obtains or possesses confidential information by reason
of his/her profession.

(e) The protections of this Act shall continue to apply even of a mediator is found to have failed to act impartially.

(f) a mediator may not be called to testify to provide information gathered in mediation. A mediator who is wrongfully subpoenaed
shall be reimbursed the full cost of his attorney's fees and related expenses.

SEC. 10. Waiver of Confidentiality. - A privilege arising from the confidentiality of information may be waived in a record, or orally
during a proceeding by the mediator and the mediation parties.

A privilege arising from the confidentiality of information may likewise be waived by a nonparty participant if the information is
provided by such nonparty participant.

A person who discloses confidential information shall be precluded from asserting the privilege under Section 9 of this Chapter to
bar disclosure of the rest of the information necessary to a complete understanding of the previously disclosed information. If a
person suffers loss or damages in a judicial proceeding against the person who made the disclosure.

A person who discloses or makes a representation about a mediation is preclude from asserting the privilege under Section 9, to
the extent that the communication prejudices another person in the proceeding and it is necessary for the person prejudiced to
respond to the representation of disclosure.

SEC. 11. Exceptions to Privilege. -

(a) There is no privilege against disclosure under Section 9 if mediation communication is:

(1) in an agreement evidenced by a record authenticated by all parties to the agreement;

(2) available to the public or that is made during a session of a mediation which is open, or is required by law to be open, to the
public;

(3) a threat or statement of a plan to inflict bodily injury or commit a crime of violence;
(4) internationally used to plan a crime, attempt to commit, or commit a crime, or conceal an ongoing crime or criminal activity;

(5) sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation in a proceeding in which a public agency is
protecting the interest of an individual protected by law; but this exception does not apply where a child protection matter is
referred to mediation by a court or a public agency participates in the child protection mediation;

(6) sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against mediator in a
proceeding; or

(7) sought or offered to prove or disprove a claim of complaint of professional misconduct of malpractice filed against a party,
nonparty participant, or representative of a party based on conduct occurring during a mediation.

(b) There is no privilege under Section 9 if a court or administrative agency, finds, after a hearing in camera, that the party seeking
discovery of the proponent of the evidence has shown that the evidence is not otherwise available, that there is a need for the
evidence that substantially outweighs the interest in protecting confidentiality, and the mediation communication is sought or
offered in:

(1) a court proceeding involving a crime or felony; or

(2) a proceeding to prove a claim or defense that under the law is sufficient to reform or avoid a liability on a contract arising out of
the mediation.

(c) A mediator may not be compelled to provide evidence of a mediation communication or testify in such proceeding.

(d) If a mediation communication is not privileged under an exception in subsection (a) or (b), only the portion of the
communication necessary for the application of the exception for nondisclosure may be admitted. The admission of particular
evidence for the limited purpose of an exception does not render that evidence, or any other mediation communication, admissible
for any other purpose.

SEC. 12. Prohibited Mediator Reports. - A mediator may not make a report, assessment, evaluation, recommendation, finding, or
other communication regarding a mediation to a court or agency or other authority that make a ruling on a dispute that is the
subject of a mediation, except:

(a) Where the mediation occurred or has terminated, or where a settlement was reached.

(b) As permitted to be disclosed under Section 13 of this Chapter.

SEC. 13. Mediator's Disclosure and Conflict of Interest. - The mediation shall be guided by the following operative principles:

(a) Before accepting a mediation, an individual who is requested to serve as a mediator shall:

(1) make an inquiry that is reasonable under the circumstances to determinate whether there are any known facts that a
reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the
outcome of the mediation and any existing or past relationship with a party or foreseeable participant in the mediation; and

(2) disclosure to the mediation parties any such fact known or learned as soon as is practical before accepting a mediation.

(b) If a mediation learns any fact described in paragraph (a) (1) of this section after accepting a mediation, the mediator shall
disclose it as soon as practicable.

At the request of a mediation party, an individual who is requested to serve as mediator shall disclose his/her qualifications to
mediate a dispute.

This Act does not require that a mediator shall have special qualifications by background or profession unless the special
qualifications of a mediator are required in the mediation agreement or by the mediation parties.

SEC. 14. Participation in Mediation. - Except as otherwise provided in this Act, a party may designate a lawyer or any other person
to provide assistance in the mediation. A lawyer of this right shall be made in writing by the party waiving it. A waiver of
participation or legal representation may be rescinded at any time.

SEC. 15. Place of Mediation. - The parties are free to agree on the place of mediation. Failing such agreement, the place of
mediation shall be any place convenient and appropriate to all parties.

SEC. 16. Effect of Agreement to Submit Dispute to Mediation Under Institutional Rules. - An agreement to submit a dispute to
mediation by any institution shall include an agreement to be bound by the internal mediation and administrative policies of such
institution. Further, an agreement to submit a dispute to mediation under international mediation rule shall be deemed to include an
agreement to have such rules govern the mediation of the dispute and for the mediator, the parties, their respective counsel, and
nonparty participants to abide by such rules.

In case of conflict between the institutional mediation rules and the provisions of this Act, the latter shall prevail.

SEC. 17. Enforcement of Mediated Settlement Agreement. - The mediation shall be guided by the following operative principles:

(a) A settlement agreement following successful mediation shall be prepared by the parties with the assistance of their respective
counsel, if any, and by the mediator.
 The parties and their respective counsels shall endeavor to make the terms and condition thereof complete and make adequate
provisions for the contingency of breach to avoid conflicting interpretations of the agreement.

(b) The parties and their respective counsels, if any, shall sign the settlement agreement. The mediator shall certify that he/she
explained the contents of the settlement agreement to the parties in a language known to them.

(c) If the parties so desire, they may deposit such settlement agreement with the appropriate Clerk of a Regional Trial Court of the
place where one of the parties resides. Where there is a need to enforce the settlement agreement, a petition may be filed by any
of the parties with the same court, in which case, the court shall proceed summarily to hear the petition, in accordance with such
rules of procedure as may be promulgated by the Supreme Court.

(d) The parties may agree in the settlement agreement that the mediator shall become a sole arbitrator for the dispute and shall
treat the settlement agreement as an arbitral award which shall be subject to enforcement under Republic Act No. 876, otherwise
known as the Arbitration Law, notwithstanding the provisions of Executive Order No. 1008 for mediated dispute outside of the
CIAC.

d. Improvement of the Legal System

i. CPR, Canon 4
A lawyer shall participate in the development of the legal system by initiating or supporting efforts in law
reform and in the improvement of the administration of justice.
e. Participation in Continuing Legal Education
i. B.M. 850, amended by SC Resolution dated 17 February 2015, and amendment of Rule 7, Sec 2 (a),
effective 24 June 2015 (Read, understand, and be familiar)

B.M. No. 850     August 22, 2000

MANDATORY CONTINUING LEGAL EDUCATION (MCLE)

ADOPTING THE RULES ON MANDATORY CONTINUING LEGAL EDUCATION FOR MEMBERS OF THE INTEGRATED BAR OF
THE PHILIPPINES

Section 2. Requirements of completion of MCLE

Members of the IBP not exempt under Rule 7 shall complete, every three (3) years, at least thirty-six (36) hours of
continuing legal education activities approved by the MCLE Committee. Of the 36 hours:

(a) At least six (6) hours shall be devoted to legal ethics.

(b) At least (4) hours shall be devoted to trial and pretrial skills.
(c) At least five (5) hours shall be devoted to alternative dispute resolution.
(d) At least nine (9) hours shall be devoted to updates on substantive and procedural laws, and jurisprudence.
(e) At least four (4) hours shall be devoted to legal writing and oral advocacy.
(f) At least two (2) hours shall be devoted to international law and international conventions.
(g) The remaining six (6) hours shall be devoted to such subjects as may be prescribed by the MCLE Committee.

RULE 7
EXEMPTIONS

Section 1. Parties exempted from the MCLE

The following members of the Bar are exempt from the MCLE requirement:

(a) The President and the Vice President of the Philippines, and the Secretaries and Undersecretaries of Executives Departments;
(b) Senators and Members of the House of Representatives;
(c) The Chief Justice and Associate Justices of the Supreme Court, incumbent and retired members of the judiciary, incumbent
members of the Judicial and Bar Council and incumbent court lawyers covered by the Philippine Judicial Academy program of
continuing judicial education;
(d) The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of the Department of Justice;
(e) The Solicitor General and the Assistant Solicitor General;
(f) The Government Corporate Counsel, Deputy and Assistant Government Corporate Counsel;
(g) The Chairmen and Members of the Constitutional Commissions;
(h) The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsmen and the Special Prosecutor of the Office of the
Ombudsman;
(i) Heads of government agencies exercising quasi-judicial functions;
(j) Incumbent deans, bar reviews and professors of law who have teaching experience for at least 10 years accredited law schools;
(k) The Chancellor, Vice-Chancellor and members of the Corps of Professors and Professorial Lectures of the Philippine Judicial
Academy; and
(l) Governors and Mayors.

Section 2. Other parties exempted from the MCLE

The following Members of the Bar are likewise exempt:

(a) Those who are not in law practice, private or public.
(b) Those who have retired from law practice with the approval of the IBP Board of Governors.

Section 3. Good cause for exemption from or modification of requirement

A member may file a verified request setting forth good cause for exemption (such as physical disability, illness, post graduate
study abroad, proven expertise in law, etc.) from compliance with or modification of any of the requirements, including an extension
of time for compliance, in accordance with a procedure to be established by the MCLE Committee.
 ii. B.M. 1922, 3 June 2008

B.M. No. 1922             June 3, 2008

RE. NUMBER AND DATE OF MCLE CERTIFICATE OF COMPLETION/EXEMPTION REQUIRED IN ALL PLEADINGS/MOTIONS.

Sirs/Mesdames:

Quoted hereunder, for your information is a resolution of the Court En Banc dated June 3, 2008

"Bar Matter No. 1922. – Re: Recommendation of the Mandatory Continuing Legal Education (MCLE) Board to Indicate in All Pleadings
Filed with the Courts the Counsel’s MCLE Certificate of Compliance or Certificate of Exemption. – The Court Resolved to NOTE the
Letter, dated May 2, 2008, of Associate Justice Antonio Eduardo B. Nachura, Chairperson, Committee on Legal Education and Bar
Matters, informing the Court of the diminishing interest of the members of the Bar in the MCLE requirement program.

The Court further Resolved, upon the recommendation of the Committee on Legal Education and Bar Matters, to REQUIRE practicing
members of the bar to INDICATE in all pleadings filed before the courts or quasi-judicial bodies, the number and date of issue of their
MCLE Certificate of Compliance or Certificate of Exemption, as may be applicable, for the immediately preceding compliance
period. Failure to disclose the required information would cause the dismissal of the case and the expunction of the pleadings
from the records.

iii. Letter of Atty. Rodrigo Cruz Lim to Justice R. Abad, GR 191837, 20 July 2013
iv. SC Resolution dated 14 January 2014
v. Rodriguez Manahan v. Flores, A.C. 8974, 13 November 2013
vi. Rivera-Pascual v. Spouses Lim, GR 191837
f. Lawyers in Government Service
i. In general
1. RA 6713, Sec 4 (1989)

AN ACT ESTABLISHING A CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC OFFICIALS AND EMPLOYEES,
TO UPHOLD THE TIME-HONORED PRINCIPLE OF PUBLIC OFFICE BEING A PUBLIC TRUST, GRANTING INCENTIVES AND
REWARDS FOR EXEMPLARY SERVICE, ENUMERATING PROHIBITED ACTS AND TRANSACTIONS AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF AND FOR OTHER PURPOSES.

Section 4. Norms of Conduct of Public Officials and Employees. - (A) Every public official and employee shall observe the following as
standards of personal conduct in the discharge and execution of official duties:

(a) Commitment to public interest. - Public officials and employees shall always uphold the public interest over and
above personal interest. All government resources and powers of their respective offices must be employed and used
efficiently, effectively, honestly and economically, particularly to avoid wastage in public funds and revenues.

(b) Professionalism. - Public officials and employees shall perform and discharge their duties with the highest degree
of excellence, professionalism, intelligence and skill. They shall enter public service with utmost devotion and
dedication to duty. They shall endeavor to discourage wrong perceptions of their roles as dispensers or peddlers of
undue patronage.

(c) Justness and sincerity. - Public officials and employees shall remain true to the people at all times. They must act
with justness and sincerity and shall not discriminate against anyone, especially the poor and the underprivileged.
They shall at all times respect the rights of others, and shall refrain from doing acts contrary to law, good morals,
good customs, public policy, public order, public safety and public interest. They shall not dispense or extend undue
favors on account of their office to their relatives whether by consanguinity or affinity except with respect to
appointments of such relatives to positions considered strictly confidential or as members of their personal staff
whose terms are coterminous with theirs.

(d) Political neutrality. - Public officials and employees shall provide service to everyone without unfair discrimination
and regardless of party affiliation or preference.

(e) Responsiveness to the public. - Public officials and employees shall extend prompt, courteous, and adequate
service to the public. Unless otherwise provided by law or when required by the public interest, public officials and
employees shall provide information of their policies and procedures in clear and understandable language, ensure
openness of information, public consultations and hearings whenever appropriate, encourage suggestions, simplify
and systematize policy, rules and procedures, avoid red tape and develop an understanding and appreciation of the
socio-economic conditions prevailing in the country, especially in the depressed rural and urban areas.

(f) Nationalism and patriotism. - Public officials and employees shall at all times be loyal to the Republic and to the
Filipino people, promote the use of locally produced goods, resources and technology and encourage appreciation
and pride of country and people. They shall endeavor to maintain and defend Philippine sovereignty against foreign
intrusion.

(g) Commitment to democracy. - Public officials and employees shall commit themselves to the democratic way of life
and values, maintain the principle of public accountability, and manifest by deeds the supremacy of civilian authority
 over the military. They shall at all times uphold the Constitution and put loyalty to country above loyalty to persons or
party.

(h) Simple living. - Public officials and employees and their families shall lead modest lives appropriate to their
positions and income. They shall not indulge in extravagant or ostentatious display of wealth in any form.

(B) The Civil Service Commission shall adopt positive measures to promote (1) observance of these standards including the
dissemination of information programs and workshops authorizing merit increases beyond regular progression steps, to a
limited number of employees recognized by their office colleagues to be outstanding in their observance of ethical standards;
and (2) continuing research and experimentation on measures which provide positive motivation to public officials and
employees in raising the general level of observance of these standards.

2. Collantes v. Romeron, 200 SCRA 584 (1991)

3. Office of Court Administrator v. Ladaga, 350 SCRA 326 (2001)
4. Pimentel v. Fabros, 501 SCRA 346 (2006)
5. Lahn v. Mayor, 666 SCRA 1 (2012) ii. Duty of prosecutors

1. CPR, Rule 6.01

The primary duty of a lawyer engaged in public prosecution is not to convict but to see that justice
is done. The suppression of facts or the concealment of witnesses capable of establishing the innocence of
the accused is highly reprehensible and is cause for disciplinary action.

2. People v. Pineda, 20 SCRA 748 (1967)

3.
iii. Duty not to use public position for private interest

1. CPR, Rule 6.02

A lawyer in the government service shall not use his public position to promote or advance his
private interests, nor allow the latter to interfere with his public duties.

2. Misamin v. San Juan, 72 SCRA 491 (1976)

3. Vitriolo v. Dasig, 400 SCRA 172 (2003)
4. Huyssen v Gutierrez, 485 SCRA 244 (2006)
5. Ramos v. Imbang, 530 SCRA 759 (2007)
6. In re Avecilla, A.C. 6683, 21 June 2011

iv. Duty not to accept employment after government service

1. CPR, Rule 6.03
A lawyer shall not, after leaving government service, accept engagement or employment in
connection with any matter in which he had intervened while in said service.

2. RA 6713, Sec 7 (b)

(b) Outside employment and other activities related thereto. - Public officials and employees during their
incumbency shall not:
(1) Own, control, manage or accept employment as officer, employee, consultant, counsel, broker, agent, trustee or
nominee in any private enterprise regulated, supervised or licensed by their office unless expressly allowed by law;
(2) Engage in the private practice of their profession unless authorized by the Constitution or law, provided, that such
practice will not conflict or tend to conflict with their official functions; or
(3) Recommend any person to any position in a private enterprise which has a regular or pending official transaction
with their office.
These prohibitions shall continue to apply for a period of one (1) year after resignation, retirement, or
separation from public office, except in the case of subparagraph (b) (2) above, but the professional concerned
cannot practice his profession in connection with any matter before the office he used to be with, in which case the
one-year prohibition shall likewise apply.

3. Query of Atty. Karen M. Silverio, 596 SCRA 378 (2009)

4. R.A. 3019, Sec 3 (d)

ANTI-GRAFT AND CORRUPT PRACTICES ACT
Section 3 d) Accepting or having any member of his family accept employment in a private enterprise which has
pending official business with him during the pendency thereof or within one year after its termination.

5. PNB v. Cedo, 243 SCRA 1 (1995)

6. PCGG v. Sandiganbayan, 455 SCRA 526 (2005)