2019 Bar Notes in Legal and Judicial Ethics

Atty. Cecilio D. Duka, Ed.D.

University of Makati

* Memorize the Lawyer’s Oath

* In case of doubt resolve against the lawyer

Legal Ethics – It is a branch of moral science which treats of the duties which an
attorney owes to the court, to his client, to his colleagues in the profession and
to the public.

Characteristic of Legal Profession

1. Legal Profession is a duty of public service;

2. A relation as an officer of the courts to the administration of judicial

involving thorough sincerity, integrity, and reliability;

3. A relation to clients with the highest degree of fiduciary;

4. A relation to the colleagues at the bar characterized by candor, fairness

and unwillingness to resort to current business methods of advertising and
encroachment on their practice or dealing directly with their clients.

Four-Fold Duties of a lawyer:

1. Court – respect or defend against criticisms uphold authority and dignity,

obey order and processes assist in the administration of justice
2. Bar – candor, fairness, courtesy, and truthfulness, avoid encroachment on
the business of other lawyers, uphold the honor of the profession.
3. Client – entire devotion to client’s interest.
4. Public – should not violate his responsibility to society, exemplary for
unrighteousness ready to render legal aid, foster social reforms, guardian
of due process, aware of special role in the solution of special problems
and be always ready to lend assistance in the study and solution of social
problems.

VII. Lawyer’ Oath

I,___________, do solemnly swear that I will maintain allegiance to the
Republic of the Philippines; I support its Constitution and obey the laws as
well as the legal orders of the duly constituted authorities therein; I will do
no falsehood, nor consent to the doing of any in court, I will not wittingly
or willingly promote or sue any groundless false or unlawful suit, nor give
aid nor consent to the same, I will delay no man for money or malice,
and will conduct myself as a lawyer according to the best of my
knowledge and discretion, with all good fidelity as well to the courts as to
my clients; and impose upon myself this voluntary obligation without any
mental reservation or purpose of evasion. So Help me God.

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Admission to Practice
The Supreme Court under Sec.5 (5), Art. VIII of the 1987 Constitution shall
have the power to admit candidates to the practice of law. The constitutional
power to admit candidates to the legal profession is a judicial function and
involves exercise of discretion. Petition to that end is filed with the Supreme
Court as are other proceedings invoking judicial function. (In re: Almacen, 31
SCRA 562).
The SC acts through a Bar Examination Committee in the exercise of its
judicial function to admit candidates to the legal profession. Thus, the
Committee is composed of a member of the Court who acts as Chairman and 8
members of the bar who acts as examiners in the 8 bar subjects with one
subject assigned to each. (In re: Lanuevo 66 SCRA 245)

Bar Matter No. 1153, March 9, 2010 (Amended Section 5, Rule 138)
A Filipino citizen “who graduated from a foreign law school shall be admitted to
the bar examination only upon submission to the Supreme 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) completion of all fourth year subjects in the Bachelor of Laws academic
program in a law school duly recognized by the Philippine Government.”
A Filipino citizen who completed and obtained his or her degree in Bachelor
of Laws or its equivalent in a foreign law school must also present proof of
completion of a separate bachelor’s degree.

What Constitutes Practice of Law

It covers any activity, in or out, which requires the application of law, legal
principles, practice or procedure and calls for legal knowledge, training and
experienced (Phil Lawyer’s Association vs. Agrava 105 Phil 173)
To engage in the practice of law is to perform those acts which are
characteristics of the legal profession. Generally, to practice law is to give
notice or render any kind of service, which devise or service requires the use, in
any degree, of legal knowledge or skill.

Essential Criteria in Determining engagement in the Practice of Law:

1. Habituality – implies customarily or habitually holding oneself out to the
public as a lawyer.
2. Compensation – implies that one must have presented himself to be in the
active practice and that his professional services are available to the
public for compensation as a source of his livelihood or in consideration of
his said services.
3. Application of law, legal principle, practice or procedure which calls for
legal knowledge, training and experience.
4. Attorney-client relationships.

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The practice of law a right or a privilege
The practice of law is basically a privilege because it is limited to persons of
good moral character with special qualifications duly ascertained and certified.
The practice of law is not a natural, property or constitutional right but a mere
privilege. But while the practice of law is a privilege, a lawyer cannot be
prevented from practicing law except for valid reasons, the practice of law not
being a matter of state’s grace or favor.

Requirements before a candidate can engage in the Practice of Law:

1. He must have been admitted to the Bar

2. After his admission to the bar, a lawyer must remain in good and regular
standing, which is continuing requirement for the practice of law.

Duties of a Lawyer:

1. To maintain allegiance to the Republic of the Philippines and to support

the Constitution and obey the laws of the Philippines;
2. To observe and maintain the respect due to the courts of justice and
judicial officers;
3. To counsel and maintain the respect due to the courts of justice and
judicial officers;
4. To employ, for the purpose of maintaining the causes confided to him,
such means only as are consistent with truth and honor, and never seek to
mislead the judge or any judicial officer by an artifice of false statement
of fact or law;
5. To maintain inviolate the confidence and at every peril to himself, to
preserve the secrets in connection with his client’s business except from
him or with his knowledge and approval;
6. To abstain from all offensive personality and to advance no fact
prejudicial to the honor and reputation of a party or witness, unless
required by the justice of the cause with which he is charged;
7. Not to encourage either the commencement or the continuance of an
action or proceeding or delay any man’s cause from any corrupt motive
or interest;
8. Never to reject for any consideration personal to himself the cause of the
defenseless or oppressed;
9. In the defense of a person accused of crime by all fair and honorable
means, regardless of his personal opinion as to the guilt of the accused to
present every defense that the law permits to the end that no person may
be deprived of life or liberty but by due process of law.

Basic Requirements for all applicant for admission to the Bar

He must be:
a. A citizen of the Philippines;
b. At least 21 years of age;
c. Of good moral character;
d. Resident of the Philippines;
e. Must produce before the SC satisfactory evidence of good moral
character;

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 f. No charges against him, involving moral turpitude, have been filed
or are pending in any court in the Philippines;
g. Must have complied with the academic requirements;
h. Pass the bar examinations.

Non-Lawyers who are authorized to appear in court

a. Before the MTC, a party may conduct his own litigation in person
(Sec 4, Rule 138);

b. Before any court, a party may conduct his litigation personally.

But if he gets someone to aid him, that someone must be a
member of the bar. He is bound by the same rules in conducting
the trial of the case. He cannot, after judgment, claim he was not
properly represented.

c. In a criminal case before the MTC, in a locality where a duly

licensed member of the bar is not available, the judge may
appoint a non-lawyer which is a resident in the province, of good
repute for probity and ability to aid the accused in his defense
(Sec.7, Rule 116).

d. A law student who has completed all his third year subjects, who is
enrolled in a recognized law school’s clinical education programs
approved by the SC may appear before any court without any
compensation to represent indigent clients accepted by the
Legal Clinic of the school. The student shall be under the direct
supervision and control of the IBP member duly accredited by the
law school.

e. Under the Labor Code non-lawyers may appear before the NLRC
or any Labor arbiter if they:
1. represent themselves;
2. represent their organization or members thereof (Art 228,
Labor Code).

f. A non-lawyer may represent a claimant before the Cadastral

Court (Sec. 9, Act #2259).

h. Any person appointed to appear for the Government of the

Philippines in accordance with law (Sec.33, Rule 138).

Public Officials who cannot practice law in the Philippines:

a. Judges and other officials or employees of superior court;

b. Officials and employees of the Office of the Solicitor General;
c. Government Prosecutors;
d. President, Vice-President, members of the Cabinet, their deputies
and assistants;
e. Chairman and members of the Constitutional Commissions;
f. Ombudsman and hid deputies;
g. Governors, city and municipal mayors;

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 h. Those who, by special law are prohibited from engaging in the
practice of their legal profession.

Public Officials with Restrictions in the Practice of Law:

a. Senators and Members of the House of Representatives;

b. Members of the Sanggunian;
c. Retired Justice or Judge;
d. Civil Service officers or employees without permit from their
respective department heads.

Restrictions in the Practice of Law of the Members of the Legislature

A lawyer who is a member of the legislature is only prohibited from
personally appearing as counsel before any court of justice, electoral tribunals
or quasi-judicial and administrative bodies.
The word “appearance” includes not only arguing a case before any
such but also filing a pleading on behalf of a client and simply filing a formal
motion, plea or answer. Neither can he allow his name to appear in such
pleading by itself or as part of a firm name under the signature of another
qualified lawyer because the signature of an agent amounts to signing of a
non-qualified senator or congressman, the office of an attorney being originally
of agency and because he will by such act be appearing in court or quasi-
judicial or administrative body in violation of the constitutional restriction. He
cannot do indirectly what the Constitution prohibits.

Roque vs. IAC, November 11, 1985

Barratry necessarily requires a willful and intentional act in its commission.
No honest error of judgment or mere negligence, unless criminally gross, can be
barratry.

Ambulance Chasing
The practice of soliciting cases for the purpose of gain, either personally or
through paid agents or brokers, constitutes malpractice.

MCLE, Bar Matter No. 850, October 2, 2001

To ensure that throughout their career, they keep abreast with law and
jurisprudence, maintain the ethics of the profession and enhance the standards
of the practice of law.

Exemptions
The President, Vice-President, and the Secretaries and Undersecretaries of
executive departments; Senators and Members of the House of Representatives;
The Chief Justice and Associate Justices of the SC, incumbent and retired
justices of the judiciary, incumbent members of the Judicial and Bar Council
and incumbent court lawyers covered by the Philippine Judicial Academy
Program of continuing legal education; The Chief State Counsel, Chief State
Prosecutor and Assistant Secretaries of the Department of Justice; The Solicitor-
General and the Assistant Solicitor-General; The Government Corporate
Counsel, Deputy and Assistant Government Corporate Counsel; The Chairman
and Members of the Constitutional Commissions; The Ombudsman, the Overall
Deputy Ombudsman, the Deputy Ombudsman and the Special Prosecutor of
the Office of the Ombudsman; Heads of government agencies exercising quasi-

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judicial functions; Incumbent deans, bar reviewers and professors of law who
have teaching experience for at least 10 years in accredited law schools; The
Chancellor, Vice-Chancellor and members of the Corps of Professional Lecturers
of the Philippine Judicial Academy; and Governors and Mayors; Those who are
not in law practice, private or public; Those who have retired from law practice
with the approval of the IBP Board of Governors.

Sanctions
A member who, for whatever reason, is in non-compliance at the end of
the compliance period shall pay a non-compliance fee (P1000.00). A member
who fails to comply with the requirements after the sixty (60) day period for
compliance has expired, shall be listed as a delinquent member of the IBP upon
the recommendation of the MCLE Committee.

BM 1992, Jan. 14, 2014

Amended the June 3, 2008 resolution by repealing the phrase "Failure to
disclose the required information would cause the dismissal of the case and the
expunction of the pleadings from the records" and replacing it with "Failure to
disclose the required information would subject the counsel to appropriate
penalty and disciplinary action”
i) The lawyer shall be imposed a fine of P2,000.00 for the first offense,
P3,000.00 for the second offense and P4,000.00 for the third offense;
(ii) In addition to the fine, counsel may be listed as a delinquent member
of the Bar pursuant to Section 2, Rule 13 of Bar Matter No. 850 and its
implementing rules and regulations; and
(iii) The non-compliant lawyer shall be discharged from the case and the
client/s shall be allowed to secure the services of a new counsel with the
concomitant right to demand the return of fees already paid to the non-
compliant lawyer.

Mapalad vs. Echanez, June 6, 2017

First. It was clearly established that respondent violated Bar Matter No.
85020. No less than the MCLE Office had issued a certification stating that
respondent had not complied with the first and second compliance period of
the MCLE.
Second. Despite such non-compliance, respondent repeatedly indicated
a false MCLE compliance number in his pleadings before the trial courts. In using
a false MCLE compliance number in his pleadings, respondent also put his own
clients at risk. Such deficiency in pleadings can be fatal to the client's cause as
pleadings with such false information produce no legal effect. In so doing,
respondent violated his duty to his clients.26 Canons 17 and 18 of the CPR.
WHEREFORE, respondent Anselmo S. Echanez is hereby DISBARRED from
the practice of law, and his name is ORDERED STRICKEN FROM THE ROLL OF
ATTORNEYS. Let a copy of this Decision be entered in his record as a member of
the Bar; and let notice of the same be served on the Integrated Bar of the
Philippines, and on the Office of the Court Administrator for circulation to all
courts in the country

Arnado vs. Adaza, August 26, 2015

The Case This is an administrative case against Atty. Homobono A. Adaza
(respondent) for his failure to comply with the requirements of the Mandatory
Continuing Legal Education (MCLE) under Bar Matter No. 850. The MCLE
Governing Board denied respondent’s application for exemption on 14

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January 2009 on the ground that the application did not meet the
requirements of expertise in law under Section 3, Rule 7 of Bar Matter No.
850. Atty. Homobono A. Adaza is a delinquent member of the Integrated Bar of
the Philippines and SUSPEND him from the practice of law for SIX MONTHS, or
until he has fully complied with the MCLE requirements for the First, Second,
Third, and Fourth Compliance Periods, whichever is later, and he has fully paid
the required non-compliance and reinstatement fees.
Remedies Against Unauthorized Practice of Law:
1. Petition for injunction;
2. Declaratory relief;
3. Contempt of court;
4. Disqualification and complaints for disbarment;
5. Criminal complaint for estafa againsta person who falsely represented
to be an attorney to the damage of a party.

Suspension and Disbarment

Power to discipline errant lawyers:
Rule 138 Section 27 –Disbarment or is suspension of attorneys by Supreme
Court, grounds therefore. A member of the bar may be disbarred or
suspended from his office as attorney by the Supreme Court.

Rule 138-B Section 16 of the Revised Rules of Court

Suspension of attorney by the Court of Appeals or Regional Trial Court.

The Court of Appeals or Regional Trial Court may suspend an attorney from
practice.
Inferior Courts are not empowered even just to suspend an attorney,
although, they may cite or hold a lawyer in contempt of court for contemptuous
acts.

The Supreme Court has the full authority to:

1. Warn;
2. Admonish;
3. Reprimand;
4. Suspend and;
5. Disbar a lawyer.
(Section 27, Rules 138, Rules of Court)

The Court of Appeals and the Regional Trial Court are also
empowered to:
1. Warn;
2. Admonish;
3. Reprimand.
As among those of the causes mentioned in Section 27, Rule 138 (Section
16, 139-B), but they cannot disbar a lawyer

Forms of Disciplinary Measures

1. Warning – an act of fact of putting one on his guard against an

impending danger, evil consequences, or penalties.

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 2. Admonition – a gentle or friendly reproof, mild rebuke, warning or
reminder, counseling on a fault, error or oversight, an expression of
authoritative advice.

3. Reprimand – a public and formal censure or severe reproof,

administered to a person in fault by his superior officer or a body to which
he belongs.

4. Suspension – temporary withholding a lawyer’s right to practice his

profession as a lawyer for a certain period or for an indefinite period of
time.

5. Censure – official reprimand.

6. Disbarment – it is an act of the Philippine Supreme Court in withdrawing

from an attorney the right to practice law. The name of the lawyer is
stricken out from the roll of attorneys.

Grounds for Discipline:

1. Deceit
2. Malpractice; or other gross misconduct in office
3. Grossly immoral conduct
4. Conviction of a crime involving moral turpitude
5. Violation of oath of office
6. Willful disobedience of any lawful order of a superior court;
7. Corrupt or willful appearance as an attorney for a party to a case
without authority to do so.

Instances of malpractice and gross-misconduct

1. Failure of the lawyer to appeal by allowing the period of appeal to
lapse;
2. Failure of a lawyer to submit his client’s brief within the reglementary
period;
3. Preparation and notarization of immoral contracts and agreements;
4. Preparation by a notary public of a false affidavit;
5. Solicitation of cases either directly or indirectly through paid agents
or brokers;
6. Abandonment of a client’s case;
7. Delay in the filing of a client’s case;
8. Notary public, who makes it appear in the jurat of a contract that an
affiant exhibited to him a residence certificate when in fact he did
not do so; Notarizing a document without the affiant’s presence.
9. Acknowledging a special power of attorney in the absence of one
of the parties;
10. Compromising a client’s case without authority;
11. Notarizing documents after the lawyer’s commission as notary public
had expired
12. Representing conflicting interests;
13. Encroaching upon the business of another lawyer;
14. Advertisement of a lawyer’s skill in a newspaper or publication
15. Cooperating in illegal practice of law such as the formation of a
partnership with the layman;
16. Conversion of a client’s money to his own benefit;

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 17. Gross negligence
18. Notarizing one’s own affidavit;
19. Intimidating a client by a display of a revolver;
20. Failure to pay a fine imposed for failure to file a brief;
21. Refusal to pay IBP dues;
22. Practicing law despite the lawyer’s suspension even if he refrained
from using the word “attorney”;
23. Lack of fidelity, care and devotion to the cause of the client;
24. Attempting to mislead the Supreme Court by raising issues long laid
to rest by final and executory judgement;
25. Unwarranted obstinacy in evading payment or debt.

Rule 139-B Section 1

How Instituted: Proceedings for the disbarment, suspension, or discipline

of attorneys may be taken by the Supreme Court motu proprio, or by the IBP
upon the verified complaint of any person.

Board The IBP of Governors may, motu proprio or upon referral by the
Supreme Court or by the Chapter Board of Officers, or at the instance of any
person, initiate and prosecute proper charges against erring attorneys
including those in the government service.

BAR MATTER N0.1645, October 13, 2015

Section 1. Proceedings for the disbarment, suspension, or discipline of
attorneys may be taken by the Supreme Court motu propio, or upon the filing
of a verified complaint of any person before the Supreme Court or the
Integrated Bar of the Philippines (IBP).
The complaint shall state clearly and concisely the facts complained of
and shall be supported by affidavits of persons having personal knowledge of
the facts therein alleged and/or by such documents as may substantiate said
facts.
The IBP shall forward to the Supreme Court for appropriate disposition all
complaints for disbarment, suspension and discipline filed against incumbent
Justices of the Court of Appeals, Sandiganbayan, Court of Tax Appeals and
judges of lower courts, or against lawyers in the government service, whether
or not they are charged singly or jointly with other respondents, and whether or
not such complaint deals with acts unrelated to the discharge of their official
functions.

Application for Reinstatement

Article VIII, Section 5(5) 1987 Constitution

The power of the Supreme Court to reinstate the privilege to practice law
to a disbarred lawyer is anchored on its constitutional prerogative to
promulgate rules on the admission of applicants to the practice of law.

Executive pardon to a disbarred lawyer due to conviction for a crime, to

be reinstated, there is still a need for the filing of an appropriate petition to be
reinstated, with the Supreme Court.

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Characteristics of Disbarment Proceedings

1. Neither civil nor criminal proceeding

2. Defense of double jeopardy is not available
3. Can be initiated motu proprio by the SC or the IBP. It can be initiated
without a complaint
4. Can proceed regardless of interest of the complainants
5. Imprescriptible
6. Conducted confidentially until its final determination
7. It is itself due process of law.

Officers authorized to Investigate Disbarment Cases:

1. Supreme Court
2. Integrated Bar of the Philippines through its Commission on Bar
Discipline
or authorized investigators
3. Office of the Solicitor General

Effect of Death of lawyer during pendency of Disciplinary Action

1. Renders action moot and academic

2. Court may still receive case on merit in order to clear publicity
the name of the lawyer

Notary Public – not every member of the bar is a notary public because a
lawyer requires a commission of appointment to be designated a notary public.

Qualifications:
Must be citizen of the Philippines
Must be over twenty-one (21) years of age
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
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
Must not have been convicted in the first instance of any crime involving
moral turpitude.

Term of Office of Notary Public

For a period of two (2) years commencing on the 1st day of January of
the year in which the commissioning is made unless earlier revoked or the notary
public has resigned according to these Rules and the Rules of Court.

Prohibitions
General Rule: A notary public shall not perform a notarial act outside his
regular place of work or business. The jurisdiction of a notary public in the City of
Manila shall be co-extensive with the said city. No notary shall, possess authority
to do any notarial act beyond the limits of his jurisdiction.

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Exceptions
A notarial act may be performed at the request of the parties in the
following sites located within his territorial jurisdiction:
Public offices, convention halls and similar places where oaths of office
may be administered;
Public function areas in hotels and similar places for the signing of
instruments or documents requiring notarization;
Hospitals and medical institutions where a party to the instrument or
document is confined for treatment; and
Any place where a party to the instrument or document requiring
notarization is under detention.

Powers and Duties of a Notary Public:

1. To administer all oaths and affirmations provided for by law in all matters
incident to his notarial office, and in the execution of affidavits,
depositions, and other documents requiring an oath;

2. To receive proof or acknowledgment of all writings relating to commerce

or navigation such as bills of exchange, bottomries mortgages and
hypothecations of ships vessels or boats, charter parties or affreightments,
letters of attorney, deeds, mortgages transfers and assignments of land or
buildings or an interest therein, and such other writings as are commonly
proved or acknowledged before notaries;

3. To act as a magistrate in the writing of affidavits or depositons; and,

4. To make declarations and certify to the truth thereof under his seal of
office, concerning all matters done by him by virtue of his office (Sec.241,
Notarial Law).

Prohibited Notarial Acts

1. The person involved as signatory to the instrument or document:
a. Is not in the notary’s presence at the time of the notarization; and
b. 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
2. the certificate containing an information known or believed to be false; and
3. he shall not affix an official signature or seal on a notarial certificate that is
incomplete.

Disqualifications, Sec. 3. Notarial Practice Rule

A notary public is disqualified from performing a notarial act if he:
(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.

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 JUDICIAL ETHICS

Judicial Ethics – the branch of moral science which treats of the right and
proper conduct to be observed by all judges and magistrates in trying and
deciding controversies brought to them for adjudication which conduct must
be demonstrative of impartiality, integrity, competence, independence, and
freedom from improprieties. The freedom from improprieties must be observed
even in the judge’s private life.
Source of Judicial Ethics
New Code of Judicial Conduct for the Philippine Judiciary. Promulgated
April 27, 2004; effective June 1, 2004. Based on the Bangalore Draft adopted by
the Judicial Group on Strengthening Judicial Integrity, intended to be the
Universal Declaration of Judicial Standards, as revised by the Round Table
Conference of Chief Justices held at The Hague on November 25-26, 2002.
Court – a board or other tribunal which decides a litigation or contest
Judge – a public officer who, by virtue of his office, is clothed with judicial
authority. A public officer lawfully appointed to decide litigated questions in
accordance with law.

Who should be appointed Judges:

Art VIII Section 7 (1) 1987 Constitution

No person shall be appointed Member of the Supreme Court or any lower
collegiate court unless he is a natural-born citizen of the Philippines. A member
of the Supreme Court must be at least forty years of age, and must have been
for fifteen years or more a judge of a lower court or engaged in the practice of
law in the Philippines.

Article VIII Section 2 of the 1987 Constitution

The Congress shall prescribe the qualifications of judges of lower courts,
but no person may be appointed judge thereof unless he is a citizen of the
Philippines and a member of the of the Philippine Bar

Article VIII Section 7(3) of the 1987 Constitution

A member of the Judiciary must be a person of proven competence,
integrity, probity, and independence.

RTC Judges
Shall be a natural-born citizen of the Philippines, at least 35 years of age,
and for at least ten years, has been engaged in the practice of law in the
Philippines, or has held a public office in the Philippines requiring admission to
the practice of law as an indispensable requisite.

MTC Judges
Shall be a natural-born citizen of the Philippines, at least 30 years of age,
and for at least five years, has been engaged in the practice of law in the
Philippines, or has held a public office in the Philippines requiring admission to
the practice of law as an indispensable requisite.

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 A Judge Is the Visible Representation Of The Law - A judge is the visible
representation of the law and more importantly of justice. As such, he should
avoid even the slightest infraction of the law.
A Judge Should Be an Embodiment of Competence, Integrity and
Independence - by conniving to stifle and sabotage the prosecution of the
accused for the serious crime of rape, he has placed his integrity,
independence and impartiality under a cloud.

A Judge Should Remain Devoted To The Study Of The Law. Even in the
remaining years of his stay in the judiciary he should keep abreast with the
changes in the law and with the latest decisions and precedents. Although a
judge is nearing retirement he should not relax in his study of the law and court
decisions. Service in the judiciary means a continuous study and research on
the law from the beginning to end.

Qualities of Judges
CANON 1 – INDEPENDENCE
Judicial independence is a pre-requisite to the Rule of Law and a
fundamental guarantee of a fair trial.
A judge shall, therefore, uphold and exemplify judicial independence in
both its individual and institutional aspects.
CANON 2 - INTEGRITY
Integrity is essential not only to the proper discharge of the judicial office,
but also to the personal demeanor of judges.
Integrity - the quality of being honest and having strong moral principles;
moral uprightness.
CANON 3 – IMPARTIALITY
Impartiality is essential to the proper discharge of the judicial office.
It applies not only to the decision itself but also to the process by which
the decision is made.
Section 5, Canon 3
Judges shall disqualify themselves from participating in any proceedings in
which they are unable to decide the matter impartially or in which it may
appear to a reasonable observer that they are unable to decide the matter
impartially. Such proceedings include, but are not limited to instances where:
a. The judge has actual bias or prejudice concerning a party or personal
knowledge of disputed evidentiary facts concerning the proceedings;
(b) The judge previously served as a lawyer or was a material witness in
the matter in controversy;
(c) The judge or a member of his or her family, has an economic interest in
the outcome of the matter in controversy;
d) The judge served as executor, administrator, guardian, trustee or lawyer
in the case or matter in controversy, or a former associate of the judge served as
counsel during their association, or the judge or lawyer was a material witness
therein;
(e) The judge's ruling in a lower court is the subject of review;

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 (f) The judge is related by consanguinity or affinity to a party litigant within
the sixth civil degree or to counsel within the fourth civil degree;
(g) The judge knows that his or her spouse or child has a financial interest,
as heir, legatee, creditor, fiduciary, or otherwise, in the subject matter in
controversy or in a party to the proceeding, or any other interest that could be
substantially affected by the outcome of the proceedings.
CANON 4 – PROPRIETY
Propriety and the appearance of propriety are essential to the
performance of all the activities of a judge.
CANON 5 – EQUALITY
Ensuring equality of treatment to all before the courts is essential to the
due performance of the judicial office. It expands the measures to promote
equality required by international human rights agreements. Those agreements
advocate a universal application of law and non-discrimination between the
sexes. — UDHR, CEDAW, etc.
CANON 6 - COMPETENCE AND DILIGENCE
Competence and diligence are pre-requisites to the due performance of
judicial office.

GUIDELINES IN EFFICIENT RENDITION OF JUDGMENT OR JUDICIAL OPINION:

1. The judge should observe the usual and traditional method of
dispensing justice, which requires that he should hear both sides with
patience and understanding before he should render a decision.
2. The judge should decide a case impartially on the basis of the
evidence presented and shall apply the applicable law with his
conscience and knowledge of the law as his guides.
3. The judge should state clearly and distinctly the facts and the law on
which he based his judgment.
4. The judge in disposing of controverted cases should indicate his
reasons for his opinions or conclusions to show that he did not
disregard or overlook the serious arguments of the parties’ counsel.
5. The judge should make his decisions or opinions brief but complete in
all the essentials.
6. If the personal views of the judge contradict the applicable doctrine
promulgated by the Supreme Court, nonetheless, he should decide
the case in accordance with that doctrine.
7. The judge should decide cases promptly, that is, within the period
required by law.
8. The signed judgment must be unconditionally filed with the Clerk of
court to have it considered within the 90-day deadline for rendering
judgments.
9. Extreme care should be made in the making of the dispositive portion
of the decision for that is the part of the decision which is to be
implemented.
10. In granting a motion for reconsideration the judge should be more
cautious and careful.
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 11. Judges should draw up their decisions and resolutions with due care
and make certain that they truly and accurately reflect their
conclusions and their final dispositions.
12. The practice of penning a decision days before the scheduled
promulgation thereof and leaving the dispositive portion for typing at
a time close to the date of promulgation should be discouraged.
13. It must be borne in mind that decisions are written essentially for
litigants who are usually unfamiliar with technical terms.

The deciding judge need not be the one who heard the evidence.
The fact that the judge who heard the evidence is not himself the
one who prepared, signed and promulgated the decision constitutes no
compelling reason to jettison his findings and conclusions, and does not
per se render his decision void. It is axiomatic that judge who did not hear
a case may write the decision based on the record of the case.

Diligent discharge of administrative responsibilities.

The judge is responsible for the administrative management
thereof. He supervises the court personnel to ensure prompt and efficient
dispatch of business in his court. It is undesirable trait for a judge to be
lenient in the administrative supervision of his employees. For his failure to
perform duties, the judge cannot use as excuse the negligence or
malfeasance of his own employees.
Judge must set the right example.
The judge must require his personnel to observe at all times the
observance of high standards of public service and fidelity which he
could well do, by example.

When petition for disqualification should be filed

A petition to disqualify a judge must be filed before rendition of
judgment by the judge. Mere filing of administrative case against a judge, not
a ground for disqualification. Legal reason for disqualification or inhibition must
be stated in the order. Judge to whom case was transferred cannot review
the order of self-disqualification.
Judges Need not live in seclusion. It is not necessary for the proper
performance of judicial duties that, judges should live in retirement or seclusion.
Judges also need recreations
Prohibition in accepting positions in political organizations and organizations
for profit. Judges cannot serve as officers or advisers of political organizations
established for profit. Judges must refrain from partisan political activities and
organizations through the use of his office or influence
Limitations in participating in civic and charitable activities – While judges may
participate in civic and charitable activities, they are not allowed to solicit
donations for such activities.

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 Solicitations of donations for office equipment is considered misconduct.
Judges may hold and manage investments; restrictions.
If the business dealings of the judge are permissible under the
context of the provision of Rule 5.02 he is allowed under Rule 5.03 to hold
and manage investments subject to the restrictions that he cannot serve
as an:
a. Officer;
b. Director;
c. Manager;
d. Advisor;
e. or employee of any business.

A.M. No. SB-14-21-J, September 23, 2014
Allegations Against Justice Gregory

Ong
From respondent's end, there was nothing wrong when he visited Napoles
twice in her office considering that the visits took place long after the
promulgation of the decision in the Kevlar case.
Contrary to respondent's submission, such acts also constitute gross
misconduct in violation of Canon 4 on Propriety of the same Code.
Section 1 provides that judges shall avoid impropriety and the appearance of
impropriety in all of their activities.
Respondent cannot be excused for his unconcern for the position he holds.
Being aptly perceived as the visible personification of law and justice, his
personal behavior, not only while in the performance of official duties but also
outside the court, must be beyond reproach.
A judicial office circumscribes a personal conduct and imposes a number of
inhibitions, whose faithful observance is the price one has to pay for holding an
exalted position.
Respondent maintained that he did not know Napoles at that time because
she was not present before the Sandiganbayan during the hearing of the Kevlar
case for she must have waived her appearance.
Respondent's explanation lacks merit.
That court could not have acquired jurisdiction over her if she did not appear
personally for arraignment.
WHEREFORE, the Court finds respondent Sandiganbayan Associate Justice
Gregory S. Ong GUILTY of GROSS MISCONDUCT, DISHONESTY and IMPROPRIETY,
all in violations of the New Code of Judicial Conduct for the Philippine Judiciary,
for which he is hereby DISMISSED from the service, with forfeiture of all retirement
benefits, except accrued leave credits, if any, and with prejudice to
reemployment in any branch, agency or instrumentality of the government
including government-owned or controlled corporations.

Those who are in possession of this material must share it with others freely.
Atty. CD Duka

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