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Legal Ethics Reviewer
Legal Ethics Reviewer
Legal Ethics Reviewer
UP L AW BAR REVIEWER
LEGAL
ETHICS
Dean Danilo L. Concepcion Dean, UP College of Law Prof. Concepcion L. Jardeleza Associate Dean, UP College of Law Prof. Ma. Gisella D. Reyes Secretary, UP College of Law Prof. Florin T. Hilbay Faculty Adviser, UP Law Bar Operations Commission 2012 Ramon Carlo F. Marcaida Commissioner Eleanor Balaquiao Mark Xavier Oyales Academics Committee Heads Kristina Paola Frias Jason Jimenez Legal & Judicial Ethics Subject Heads Graciello Timothy Reyes Layout
2012
UP L AW BAR REVIEWER
BAR OPERATIONS COMMISSION 2012
LEGAL
EXECUTIVE COMMITTEE Ramon Carlo Marcaida |Commissioner Raymond Velasco Mara Kriska Chen |Deputy Commissioners Barbie Kaye Perez |Secretary Carmen Cecilia Veneracion |Treasurer Hazel Angeline Abenoja|Auditor COMMITTEE HEADS Eleanor Balaquiao Mark Xavier Oyales | Acads Monique Morales Katleya Kate Belderol Kathleen Mae Tuason (D) Rachel Miranda (D) |Special Lectures Patricia Madarang Marinella Felizmenio |Secretariat Victoria Caranay |Publicity and Promotions Loraine Saguinsin Ma. Luz Baldueza |Marketing Benjamin Joseph Geronimo Jose Lacas |Logistics Angelo Bernard Ngo Annalee Toda|HR Anne Janelle Yu Alyssa Carmelli Castillo |Merchandise Graciello Timothy Reyes |Layout Charmaine Sto. Domingo Katrina Maniquis |Mock Bar Krizel Malabanan Karren de Chavez |Bar Candidates Welfare Karina Kirstie Paola Ayco Ma. Ara Garcia |Events OPERATIONS HEADS Charles Icasiano Katrina Rivera |Hotel Operations Marijo Alcala Marian Salanguit |Day-Operations Jauhari Azis |Night-Operations Vivienne Villanueva Charlaine Latorre |Food Kris Francisco Rimban Elvin Salindo |Transpo Paula Plaza |Linkages
ETHICS
LEGAL ETHICS TEAM 2012 Faculty Editor | Prof. Concepcion Jardeleza Subject Heads| Kristina Paola Frias Jason Jimenez Contributors| Lilian Dy Ronald Sarcaoga Bryan John Maga LAYOUT TEAM 2012 Layout Artists | Alyanna Apacible Noel Luciano RM Meneses Jenin Velasquez Mara Villegas Naomi Quimpo Leslie Octaviano Yas Refran Cris Bernardino Layout Head| Graciello Timothy Reyes
LEGAL
ETHICS
Copyright and all other relevant rights over this material are owned jointly by the University of the Philippines College of Law and the Student Editorial Team. The ownership of the work belongs to the University of the Philippines College of Law. No part of this book shall be reproduced or distributed without the consent of the University of the Philippines College of Law. All Rights reserved.
Legal Ethics
CHAPTER I. PRACTICE OF LAW 8 A. Concept ................................8 B. Qualifications .........................8 C. Appearance of Non-Lawyers ...... 11 D. Sanctions for Practice or Appearance Without Authority ......... 13 E. Public Officials And Practice of Law 13 F. Lawyers Authorized to Represent the Government .......................... 14 G. Lawyers Oath ....................... 14 CHAPTER II. DUTIES AND RESPONSIBILITIES OF A LAWYER 14 A. SOCIETY .............................. 15 1. Respect for Law and Legal Processes ............................... 16 2. Efficient and Convenient Legal Services ................................. 17 3. True, Honest, Fair, Dignified and Objective Information on Legal Services ................................. 20 4. Participation in the Improvement and Reforms in Legal System ........ 22 5. Participation in Legal Education Program ................................. 22 B. The Legal Profession ............... 25 1. Integrated Bar of the Philippines 25 2. Upholding the Dignity and Integrity of the Profession ........... 26 3. Courtesy, Fairness and Candor Towards Professional Colleagues .... 27 4. No Assistance in Unauthorized Practice of Law ........................ 28 C. The Courts ........................... 29 1. Candor, Fairness, and Good Faith Towards the Courts.................... 29 2. Respect for Courts and Judicial Officers ................................. 30 3. Assistance in the Speedy and Efficient Administration of Justice.. 31 4. Reliance on Merits of His Cause, Not From Improper Influence Upon the Courts ................................... 34 D. The Clients .......................... 34 1. Availability of Service Without Discrimination .......................... 34 2. Candor, Fairness and Loyalty to Clients ................................... 36 3. Clients Money and Properties . 38
4. Fidelity to Clients Cause ....... 40 5. Competence and Diligence ..... 40 6. Representation with Zeal Within Legal Bounds ........................... 41 7. Attorneys Fees .................. 42 8. Preservation of Clients Confidences............................. 45 9. Withdrawal of Services .......... 48 CHAPTER III. SUSPENSION, DISBARMENT AND DISCIPLINE OF LAWYERS 49 A. Nature and Characteristics of Disciplinary Actions Against Lawyers... 49 1. Sui Generis ........................ 49 2. Prescription ....................... 49 B. Grounds .............................. 49 C. Proceedings .......................... 50 D. Discipline of Filipino Lawyers Practice in Foreign Jurisdictions ....... 51 CHAPTER IV. READMISSION TO THE BAR 53 CHAPTER V. MANDATORY LEGAL EDUCATION 53 A. Purpose ............................... 53 B. Requirements ........................ 53 C. Compliance .......................... 54 D. Exemptions .......................... 54 E. Sanctions ............................. 55 CHAPTER VI. NOTARIAL PRACTICE 55 A. Qualifications of Notary Public ... 55 B. Term of Office of Notary Public .. 56 C. Powers and Limitations ............ 56 D. Notarial Register .................... 56 E. Jurisdiction of Notary Public and Place of Notarization ..................... 57 F. Revocation of Commission ......... 57 G. Competent Evidence of Identity .. 58 H. Sanctions ............................. 58
Judicial Ethics 59
CHAPTER I. SOURCES 59 CHAPTER II. QUALITIES 59 A. Independence ....................... 59 B. Integrity .............................. 61 C. Impartiality .......................... 62 D. Propriety ............................. 64 E. Equality .............................. 67
LEGAL
F. Competence and Diligence ........ 68 CHAPTER III. DISCIPLINE OF MEMBERS OF THE JUDICIARY 69 A. Independence ....................... 69 B. Lower Court Judges and Justices . 69 C. Grounds .............................. 70 D. Sanctions Imposed by the Supreme Court on Erring Members of the Judiciary 71
ETHICS
2012
UP L AW BAR REVIEWER
BAR OPERATIONS COMMISSION 2012 EXECUTIVE COMMITTEE Ramon Carlo Marcaida |Commissioner Raymond Velasco Mara Kriska Chen |Deputy Commissioners Barbie Kaye Perez |Secretary Carmen Cecilia Veneracion |Treasurer Hazel Angeline Abenoja|Auditor
LEGAL
ETHICS
LEGAL AND JUDICIAL ETHICS TEAM 2012 LEGAL ETHICS TEAM 2012 Faculty Editor | Prof. Concepcion Jardeleza Subject Heads| Kristina Paola Frias Jason Jimenez Contributors| Lilian Dy Ronald Sarcaoga Bryan John Maga LAYOUT TEAM 2012 Layout Artists | Alyanna Apacible Noel Luciano RM Meneses Jenin Velasquez Mara Villegas Naomi Quimpo Leslie Octaviano Yas Refran Cris Bernardino Layout Head| Graciello Timothy Reyes
COMMITTEE HEADS Eleanor Balaquiao Mark Xavier Oyales | Acads Monique Morales Katleya Kate Belderol Kathleen Mae Tuason (D) Rachel Miranda (D) |Special Lectures Patricia Madarang Marinella Felizmenio |Secretariat Victoria Caranay |Publicity and Promotions Loraine Saguinsin Ma. Luz Baldueza |Marketing Benjamin Joseph Geronimo Jose Lacas |Logistics Angelo Bernard Ngo Annalee Toda|HR Anne Janelle Yu Alyssa Carmelli Castillo |Merchandise Graciello Timothy Reyes |Layout Charmaine Sto. Domingo Katrina Maniquis |Mock Bar Krizel Malabanan Karren de Chavez |Bar Candidates Welfare Karina Kirstie Paola Ayco Ma. Ara Garcia |Events OPERATIONS HEADS Charles Icasiano Katrina Rivera |Hotel Operations Marijo Alcala Marian Salanguit |Day-Operations Jauhari Azis |Night-Operations Vivienne Villanueva Charlaine Latorre |Food Kris Francisco Rimban Elvin Salindo |Transpo Paula Plaza |Linkages
8
Legal Ethics Judicial Ethics
Legal Ethics
LEGAL AND JUDICIAL ETHICS I. Practice of Law II. Duties and Responsibilities of a Lawyer III. Suspension, Disbarment and Discipline of Lawyers IV. Readmission to the Bar V. Mandatory Continuing Legal Education VI. Notarial Practice
(1) Habituality customarily or frequently holding ones self out to the public as a lawyer (2) Application of law, legal principles, practice, or procedure calls for legal knowledge, training and experience (3) Compensation his professional services are available to the public for compensation, as a service of his livelihood or in consideration of his said services (4) Attorney-client relationship hence for Padilla, teaching law or writing law books is not practice of law Giving advice for compensation regarding the legal status and rights of another and for ones conduct with respect thereto constitutes practice of law. [ULEP v. Legal Clinic, (1993)] Persons entitled to practice law are those who are licensed as members of the Bar; or maybe licensed as such in accordance with the provisions of the Rules of Court and who are in good and regular standing. [ROC, Rule 13, Sec. 1]
LEGAL PROFESSION
A group of learned men and women pursuing a learned art as a common calling in the spirit of public service. Organization Learned art Public service
B. Qualifications
The practice of law is any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience. It is to give notice or render any kind of service, which device or service requires the use in any degree of legal knowledge or skill. [Cayetano v. Monsod, (1991)] Statutory Basis ROC, Rule 138, Sec. 1. Any person duly admitted as a member of the bar, or hereafter admitted as such in accordance with the provisions of this rule, and who is in good and regular standing, is entitled to practice law. General Rule: Members of the Bar Exceptions: (1) Law students (2) By an agent/friend (3) By person Requirements for admission to practice CRAGEBO
A. Concept
The practice of law is any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience. It is to give notice or render any kind of service, which device or service requires the use in any degree of legal knowledge or skill. [Cayetano v. Monsod, (1991)]
1. Privilege
The practice of law is a privilege bestowed only to those who are morally fit. A bar candidate who is morally unfit cannot practice law even if he passes the bar examinations. [Aguirre vs Rana, (2003)]
Citizenship Residence Age (above 21 y/o) Good Moral Character and no charges involving moral turpitude (5) Legal Education (pre-law, law proper) (6) Bar Examinations (7) Lawyers Oath
1. Citizenship
Statutory Basis 1987 Const., Art. XII, Sec. 14 The practice of all
REVIEWER Good moral character is a continuing qualification required of every member of the Bar, it is not only a qualification precedent to the practice of law. [Narag v. Narag, (1998)]
Definitions of good moral character Absence of a proven conduct or act which has been historically and traditionally considered as a manifestation of moral turpitude. The act or conduct need not amount to a crime; and even if it does constitute an offense, a conviction upon a criminal charge is not necessary to demonstrate bad moral character although it may show moral depravity. [Agpalo] Qualities of truth-speaking, a high sense of honor, full candor, intellectual honesty, and the strictest observance of fiduciary responsibility. (Frankfurter) Good moral character includes at least common honesty. Deception and other fraudulent acts are not merely unacceptable practices that are disgraceful and dishonorable, they reveal a basic moral flaw. [Olbes v. Deciembre] Question of moral turpitude is for SC to decide, which is why applicants are required to disclose any crime which they have been charged. Concealment or withholding from the court information about charges and indictments is a ground for disqualification of applicant or for revocation of license. [Agpalo] SC may deny lawyers oath-taking based on a conviction for reckless imprudence resulting in homicide (hazing case). But after submission of evidence and various certifications he may now be regarded as complying with the requirements of good moral characterhe is not inherently of bad moral fiber. [In Re Argosino, (1997)] Concealment of pending criminal cases constitutes lack of good moral character (in petition to take the bar examinations) Respondent's concealment of the fact that there are three (3) pending criminal cases against him speaks of his lack of the requisite good moral character and results in the forfeiture of the privilege bestowed upon him as a member of the Sharia Bar. [In the matter of of Haron S. Meling, (2004)]
2. Residence
Statutory Basis ROC, Rule 138, Sec. 2. Every applicant for admission as a member of the bar must be a resident of the Philippines. Rationale His/her duties to his client and to the court will require that he be readily accessible and available
3. Age
Statutory Basis ROC, Rule 138, Sec. 2. Every applicant for admission as a member of the bar must be at least 21 years of age Rationale Maturity and discretion are required in the practice of law
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b. Law Proper
Statutory Basis ROC, Rule 138, Sec. 5 and 6. All applicants for admissionshall, before being admitted to the examination, satisfactorily show that they have regularly studied law for four years, and successfully completed all prescribed courses, in a law school or university, officially approved and recognized by the Secretary of Education. Must have completed courses in: Civil Law Commercial Law Remedial Law Public International Law Private International Law Political Law Labor and Social Legislation Medical Jurisprudence Taxation Legal Ethics Graduates of foreign law schools beginning 1994 shall not be allowed to take the bar examinations since they cannot present the certifications required under sections 5 and 6 of Rule 138. [Re: Application of Adriano M. Hernandez, (1993)]
Subjects [Rule 138, Sec. 9 and 11] Political (Constitutional Law, Public Corporations and Public Officers) and International Law(Private and Public) 1st day (morning) Labor and Social Legislation (afternoon) 2nd day 3rd day 4th day Civil Law (morning) Taxation (afternoon) Mercantile Law (morning) Criminal Law (afternoon) Remedial Law (morning) * consists of Civil Procedure, Criminal Procedure and Evidence Legal Ethics and Practical Exercises (in Pleading and Conveyancing) (afternoon)
Passing Average Rule 138, Sec. 14 A general average of 75 % in all subjects, without falling below 50 % in any subject. Relative Weights Civil Law Labor and Social Legislation Mercantile Law Criminal Law Political and International Law Taxation Remedial Law Legal Ethics and Practical Exercises
15 % 10 % 15 % 10 % 15 % 10 % 20 % 5%
6. Bar Examinations
Statutory Bases When to file for permit Rule 138, Sec. 7 At least 15 days before the beginning of the examination. Applicants must submit affidavits of age, residence, citizenship, legal education. Notice Rule 138, Sec. 8 Notice of applications for admission shall be published by the clerk of the SC in newspapers published in Filipino, English and Spanish, for at least 10 days before the beginning of the examination. Conduct of Examinations Rule 138, Sec. 10 Questions will be in English or Spanish, to be answered in writing by examines. No oral examinations. If penmanship is poor, SC may allow upon verified application the use of a noiseless typewriter. Committee will take all precautions to prevent the substitution of papers or commission of other frauds. No papers, books or notes allowed into the examination rooms. Examinees shall not place their names on the examination papers. When and Where to take the Exam Rule 138, Sec. 11 In four days designated by bar examiner, annually (in September) and in the city of Manila.
Who makes the Exam Rule 138, Sec. 12 - One member of the SC acts as Chairman, plus eight members of the bar who act as examiners who hold office for one year. Beginning in 2009, there will be two examiners per subject. The Bar Confidant acts as a sort of liaison officer between the court and the Bar Chairman on the other hand, and the individual members of the committee on the other. He is at the same time a deputy clerk of court. The names of the members of this committee shall be published in each volume of the official reports. Results Rule 138, Sec. 15 Committee must file its report on the results not later than February 15th after the examination, or as soon thereafter as may be practicable. Flunkers Rule 138, Sec. 16 Retakers must apply again. Candidates who have failed the bar examinations for three times shall be disqualified from taking another examination unless they show proof of
REVIEWER communications. The Rules safeguarding privileged communications between attorney and client shall apply to similar communications made to or received by the law student, acting for the legal clinic. Rule 138-A, Section 4. Standards of conduct and supervision. The law student shall comply with the standards of professional conduct governing members of the Bar. Failure of an attorney to provide adequate supervision of student practice may be a ground for disciplinary action. (Circular No. 19, dated December 19, 1986).
Rule 138, Sec. 34. A law student may appear in his personal capacity without the supervision of a lawyer in inferior courts. A law student appearing before the RTC under Rule 138-A should at all times be accompanied by a supervising lawyer. [In Re: Need That Law Student Practicing Under Rule 138-A Be Actually Supervised During Trial, (1997)] A law student may appear before an inferior court as an agent or friend of a party without the supervision of a member of the bar. [Cruz v. Mina, (2007)]
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C. Appearance of Non-Lawyers
1. Law Student Practice
Statutory Basis Rule 138-A Section 1. Conditions for student practice. A law student who has successfully completed his 3rd year of the regular four-year prescribed law curriculum and is enrolled in a recognized law school's clinical legal education program approved by the Supreme Court, may appear without compensation in any civil, criminal or administrative case before any trial court, tribunal, board or officer, to represent indigent clients accepted by the legal clinic of the law school. Section 2. Appearance. The appearance of the law student authorized by this rule, shall be under the direct supervision and control of a member of the Integrated Bar of the Philippines duly accredited by the law school. Any and all pleadings, motions, briefs, memoranda or other papers to be filed, must be signed by the supervising attorney for and in behalf of the legal clinic. Rule 138-A, Section 3. Privileged
d. Self-representation
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3.
Non-Lawyers Tribunals
in
Administrative
4. Proceedings where Lawyers are Prohibited from Appearing a. Small Claims Cases
Statutory Basis Rules of Procedure for Small Claims Cases, AM No.08-8-7, Sec. 17. Appearance of Attorneys Not Allowed.No attorney shall appear in behalf of or represent a party at the hearing, unless the attorney is the plaintiff or defendant.
Administrative tribunals only if they represent their organization or members. NLRC, cadastral courts, etc. Limitations: non-adversarial contentions not habitually rendered not charge for payment A non-lawyer may appear before the NLRC or any Labor Arbiter only if: (1) He represents himself as party to the case; (2) He represents a legitimate labor organization, as defined under Article 222 and 242 of the Labor Code, as amended, or its members, provided, that he shall be made to present a verified certification
a. Katarungang Pambarangay
Statutory Basis RA 7160, Sec. 415. In all katarungang pambarangay proceedings, the parties must appear in person without the assistance of counsel or representative, except for minors and incompetents who may be assisted by their next
REVIEWER the exercise of police power it may enact laws regulating the practice of law to protect the public.
The Bar Flunkers Act of 1953 (RA 972) was declared partially unconstitutional because it encroached upon the powers granted by the Constitution to the SC in determining the admission of bar examinees to the bar by usurping such power through a legislative act. The [Act] is not a legislation; it is a judgmentthe law passed by Congress on the matter is of permissive character, merely to fix the minimum conditions for the license. The SC has declared that Sharia Bar passers are not full-fledged Philippine Bar members so may practice only before Sharia courts. One who has been admitted to the Sharia Bar, and one who has bee n admitted to the Philippine Bar may both be considered as counselors, in the sense that they give counsel or advice in a professional capacity, only the latter is an attorney. [Alawi v. Alauya, (1997)] Attorney Officers of the courts, empowered to appear, prosecute and defend, and upon whom peculiar duties, responsibilities and liabilities are developed by law as a consequence. [Cui v. Cui] Barrister In England, a person entitled to practice law as an advocate or counsel in the superior court. Solicitor In England, a person prosecuting or defending suits in Courts of Chancery. In the Philippines, a Government lawyer attached with the Office of the Solicitor General. Notary Public A public officer authorized by law to certify documents, take affidavits, and administer oaths. Under the 2004 Rules on Notarial Practice, all notaries must be lawyers.
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The Section 7 prohibitions continue to apply for a period of one year after the public official or employees resignation, retirement, or separation from public office, except for the private practice of profession under subsection (b)(2), which can already be undertaken even within the one-year prohibition period. As an exception to this exception, the one-year prohibited period applies with respect to any matter before the office the public officer or employee used to work with. (A.M. No. 08-6-352-RTC)
to
For the Gov't. any person appointed to appear for the Gov't. of the Phils. in accordance with law
Legal Ethics Definition: Body of principles by which the conduct of members of the legal profession is controlled. It is that branch of moral science which treats of the duties which an attorney at law owes to his clients, to the courts, to the bar and to the public. [G.A. Malcolm, Legal and Judicial Ethics 8, 1949]
G. Lawyers Oath
Statutory Basis
LEGAL AND JUDICIAL ETHICS REVIEWER Prosecution Office or the Regional State Prosecution to prosecute the case subject to the approval of the Court.
Once so authorized to prosecute the criminal action, the private prosecutor shall continue to prosecute the case up to the end of the trial even in the absence of a public prosecutor, unless the authority is revoked or otherwise withdrawn. The Four-fold Duties of a Lawyer (Per the Code of Professional Responsibility)
Duties of a Lawyer Rule 138, Sec. 20 To maintain allegiance to the Republic of the Phils. and to support the Constitution and obey the laws of the Phils.; To observe and maintain the respect due to the courts of justice and judicial officers; To counsel or maintain such actions or proceedings only as appear to him to be just, and such defenses only as he believes to be honestly debatable under the law; 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 or false statement of fact or law; To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client, and to accept no compensation in connection with his client's business except from him or with his knowledge and approval; To abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he is charged; 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; Never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed; 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. Public Duty As attorneys are faithful assistants of the court in search of a just solution to disputes A counsel de officio is expected to render effective service and to exert his best efforts on behalf of an indigent accused. He has a high duty to the poor litigant as to a paying client. He should have a bigger dose of social conscience and a little less of self interest. [Agpalo] Private Duty As attorneys operate as a trusted agent of his client Rule 110, Sec. 5, ROC, as amended per A.M. No. 02-2-07-SC, May 1, 2002, A private prosecutor may intervene in the prosecution of a criminal action when the offended party is entitled to indemnity and has not waived expressly, reserved or instituted the civil action for damages. In case of heavy work schedule of the public prosecutors, the private prosecutor may be authorized in writing by the Chief of the
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(2)
2. Lawyers Duties to the Legal Profession (1) Canon 7: Uphold Dignity And Integrity (2)
In The Profession Canon 8: Courtesy, Fairness, Candor Towards Professional Colleagues (3) Canon 9: Unauthorized Practice Of Law
3. Lawyers Duties to the Courts (1) Canon 10: Observe Candor, Fairness And
Good Faith Officers
(2) Canon 11: Respect Courts And Judicial (3) Canon 12: Assist In Speedy And Efficient
Administration Of Justice Appearance Of Influence
(4) Canon 13: Refrain From Act Giving 4. Lawyers Duties to the Client (1) Canon 14: Service To The Needy (2) Canon 15: Observe Candor, Fairness, (3)
Loyalty Canon 16: Hold In Trust Clients Moneys And Properties (4) Canon 17: Trust And Confidence (5) Canon 18: Competence And Diligence (6) Canon 19: Representation With Zeal (7) Canon 20: Attorneys Fees (8) Canon 21: Preserve Clients Confidence (9) Canon 22: Withdrawal Of Services For Good Cause Valid Ground For Refusal
A. SOCIETY
LEGAL AND JUDICIAL ETHICS 1. Respect for Law and Legal Processes
Statutory Basis Canon 1 A lawyer shall uphold the constitution, obey the laws of the land and promote respect for law of and legal processes. Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. ROC, Rule 138, Sec 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. Unlawful conduct An act or omission which is against the law. Dishonesty involves lying or cheating. [Agpalo] Immoral or deceitful conduct That which is willful, flagrant or shameless and which shows a moral indifference to the opinion of the good and respectable members of the community. [Aguirre] Moral turpitude Includes everything which is done contrary to justice, honesty, modesty, or good morals. It involves an act of baseness, vileness, or depravity in the private duties which a man owed his fellowmen, or to society in general, contrary to the accepted and customary rule of right and duty between man and woman, or conduct contrary to justice, honesty, modesty, or good morals. [Barrios v. Martinez, (2004)] E.g. crimes of murder, estafa, rape, violation of BP 22, bribery, bigamy, adultery, seduction, abduction, concubinage, smuggling As a servant of the law, a lawyer should make himself an exemplar for others to emulate (Agpalo) Immorality connotes conduct that shows indifference to the moral norms of society. For such conduct to warrant disciplinary action, the same must be grossly immoral, it must be so corrupt and false as to constitute a criminal act or so unprincipled as to be reprehensible to a high degree. Respondent's act belies the alleged moral indifference and proves that she has no intention of flaunting the law and the high moral standards of the legal profession. [Ui v. Bonifacio] Mere intimacy between a man and a woman, both of whom possess no impediment to marry, voluntarily carried and devoid of deceit on the part of the respondent is neither so corrupt nor so unprincipled as to warrant the imposition of disciplinary sanction, even if a child was born out of wedlock of such relationship. It may suggest a doubtful moral character but not grossly immoral. [Figueroa v. Barranco, (1997)] Reconciliation between Delizo-Cordova and Cordova, assuming the same to be real, does not excuse or wipe away the misconduct and immoral behavior carried out in public. The requirement of good moral character persists as a continuing condition for membership in the Bar in good standing. [Cordova v. Cordova, (1989)] While sexual relations between two unmarried adults is not sufficient to warrant disbarment, it is not with respect to betrayals to the marital vow. Respondents wanton disregard for the sanctity of marriage is shown when he pursued a married woman and thereafter cohabited with her. [Guevarra v. Eala, (2007)] When lawyers are convicted of frustrated homicide, the attending circumstances, not the mere fact of their conviction would demonstrate their fitness to remain in the legal profession. [Soriano v. Dizon, (2006)] The record discloses that the CFI acquitted respondent Suller for failure of the prosecution to prove his guilt beyond reasonable doubt. Such acquittal, however, is not determinative of this administrative case ... The rape of his neighbor's wife constituted serious moral depravity even if his guilt was not proved beyond reasonable doubt in the criminal prosecution for rape. He is not worthy to remain a member of the bar. The privilege to practice law is bestowed upon individuals who are competent intellectually, academically and, equally important, morally. Good moral character is not only a condition precedent to admission to the legal profession, but it must also be possessed at all times in order to maintain one's good standing in that exclusive and honored fraternity. [Calub v. Suller, 2000 and quoting Docena vs. Limon] 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. Example: A lawyer who defies a writ of preliminary injuction has flouted his duties as a member of the legal profession. (Agpalo) The SC does not claim infallibility, it will not denounce criticism made by anyone against the Court for, if well founded can truly have constructive effects in the task of the Court, but will not countenance any wrong doing nor allow erosion
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REVIEWER merit of his case. A lawyer must resist the whims and caprices of his clients, and temper his clients propensity to litigate. [Castaneda v. Ago, (1975)] 2. Efficient and Convenient Legal Services
Statutory Basis CANON 2: 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. Legal aid is not a matter of charity. It is a means for the correction of social imbalance that may and often do lead to injustice, for which reason it is a public responsibility of the Bar. The spirit of public service should, therefore, underlie all legal aid offices. The same should be administered to indigent and deserving members of the community on all cases, matters and situations in which legal aid may be necessary to forestall an injustice. [IBP Handbook, Guidelines Governing the Establishment and Operation of the Legal Aid Office, Art. 1, Sec. 1] Valid grounds for refusal (Rule 14.03): (1) He is in no position to carry out the work effectively or competently (2) He labors under a conflict of interest between him and the prospective client or between a present client and the prospective client. 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. The legal profession is a burdened privilege not many are qualified to undertake. Ledesma owes fidelity to the duty required of the legal profession. Because there is no incompatibility between the defense of his client and him being an election registrar, he should not decline his appointment as counsel de oficio. The ends of justice will be well served by requiring counsel to continue as counsel de oficio. [Ledesma v. Climaco, (1974)] Bar Matter No. 2012 (2009) Proposed Rule on Mandatory Legal Aid Service for Practicing Lawyers Purpose. - to enhance the duty of lawyers to society as agents of social change and to the
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REVIEWER the lawyer is registered, in case he did not submit a compliance report. The notice to the lawyer shall include a directive to pay Four Thousand Pesos (P4,000) penalty which shall accrue to the special fund for the legal aid program of the IBP.
Any lawyer who fails to comply with his duties under this Rule for at least three (3) consecutive years shall be the subject of disciplinary proceedings to be instituted motu proprio by the CBD. 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. Advice may be on what preliminary steps to take until the client has secured the services of counsel. But he shall refrain from giving legal advice if the reason for not accepting the case is that there involves a conflict of interest between him and a prospective client or between a present client and a prospective client. [Agpalo] Rule 2.03 - A lawyer shall not do or permit to be done any act designed primarily to solicit legal business. The legal practice is not a business. Unlike a businessman, the lawyer has: Relation to the administration of justice involving sincerity, integrity and reliability as an officer of the court; duty of public service; relation to clients with the highest degree of fiduciary; relation to colleagues at the bar characterized by candor, fairness and unwillingness to resort to business methods of advertising and encroachment on their practice, or dealing directly with their clients. (Agpalo) In relation to Rule 3.01, solicitation of any kind is prohibited; but some forms of advertisement may be allowed. Malpractice The practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers, constitutes malpractice. A member of the bar may be disbarred or suspended from his office as attorney by the SC for any malpractice. (Rule 138, Sec. 27) Rule 2.04 - A lawyer shall not charge rates lower than those customarily prescribed unless the circumstances so warrant. This prohibits the competition in the matter of charging professional fees for the purposed of attracting clients in favor of the lawyer who offers lower rates. The rule does not prohibit a lawyer from charging a reduced fee or none at all to an indigent or to a person who would have difficulty
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If entering into other businesses which are not inconsistent with lawyers duties It is advisable that they be entirely separate and apart such that a layman could distinguish between the two functions. Prohibited advertisement (Sec. 27, Canon of Professional Ethics): 1) Through touters of any kind whether allied real estate firms or trust companies advertising to secure the drawing of deeds or wills 2) Offering retainers in exchange for executorships or trusteeships to be influenced by the lawyer 3) Furnishing or inspiring newspaper comments concerning the manner of their conduct, the magnitude of the interests involved, the importance of lawyers position, and all other like self-laudation A lawyer may not properly publish his brief biographical and informative data in a daily paper, magazine, trade journal or society program in order to solicit legal business. Likewise, it is improper to advertise himself a specialist for marriage annulments as it goes against the Constitutions mandate, to value the sanctity of marriage. [Khan v. Simbillo, (2003)] It is highly unethical for an attorney to advertise his talents or skill as a merchant advertises his wares. The law is a profession not a business. Solicitation of cases by himself or through others is unprofessional and lowers the standards of the legal profession. [In re Tagorda, (1929)] The lawyer degrades himself and his profession who stoops to and adopts the practices of mercantilism by advertising his services or offering them to the public. Not all types of advertising are prohibited, a lawyer may advertise in reputable law lists, in a manner consistent with the standards of conduct imposed by the canons. Likewise in the use of a name, false and misleading names are prohibited. [Ulep v. Legal Clinic] 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. Summary: A lawyer shall not use false or misleading firm name. GENERAL RULE 1: All partners in firm name must be alive. EXCEPTION: 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. [Agpalo] REASON FOR EXCEPTION: All partners by their joint efforts over a period of years contributed to the
REVIEWER 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 profession.
1987 Const. Art. IX, Sec. 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. A lawyer member of the Legislature is not absolutely prohibited from engaging in the practice of his profession. He is only prohibited from appearing as counsel before any court of justice. What is prohibited is the appearance which includes: arguing a case before any such body and filing a pleading on behalf of a client. Neither can his name be allowed to appear in such pleadings by itself or as part of a firm name under the signature of another qualified lawyer because the signature of an agent amounts to a signing by non-qualified Senator or Congressman. His name should be dropped from the firm name, of which he is a name partner, whenever the firm files a pleading on behalf of a client. It is unlawful for a public official or employee to, among others: "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 official functions." [Samonte v. Gatdula, (1999)] If the unauthorized practice on the part of a person who assumes to be an attorney causes damage to a party, the former may be held liable for estafa. 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. Summary: A lawyer shall not seek media publicity. This rule prohibits from making indirectly publicity gimmick, such as furnishing or inspiring newspaper comments, procuring his photograph to be published in connection with cases which he is handling, making a courtroom scene to attract the attention of newspapermen, or arranging for the purpose an interview with him by media people. (Agpalo) PURPOSE: To prevent some lawyers from gaining an unfair advantage over others through the use of gimmickry, press agentry or other artificial means. It is bad enough to have such undue publicity when a criminal case is being investigated, but when publicity and sensationalism is allowed, even encouraged, when the case is on appeal and is pending consideration by the SC, it is inexcusable and abhorrent. [Cruz v. Salva, (1959)]
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LEGAL AND JUDICIAL ETHICS 4. Participation in the Improvement and Reforms in Legal System
Statutory Basis 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. NOT a strict duty, but a duty nevertheless. A lawyer must NOT be confined by technical legal questions but instead grow in knowledge and competence to make the law socially responsive. A lawyer may with propriety write articles for publications in which he gives information upon the law; but he should not accept employment from such publications to advise inquiries in respect to their individual rights. Examples (1) Present position papers or resolutions for the introduction of pertinent bills in Congress; (2) Submit petitions to the SC for the amendment of the ROC. (3) The Misamis Oriental Chapter of the IBP promulgating a resolution wherein it requested the IBPs National Committee on Legal Aid (NCLA) to ask for the exemption from the payment of filing, docket and other fees of clients of the legal aid offices in the various IBP chapters (Re: Request Of National Committee On Legal Aid To Exempt Legal Aid Clients From Paying Filing, Docket And Other Fees, August 28, 2009) SC Resolution: Commended the MOC of the IBP and GRANTED the exemption "We laud the Misamis Oriental Chapter of the IBP for its effort to help improve the administration of justice, particularly, the access to justice by the poor. Its Resolution No. 24, series of 2008 in fact echoes one of the noteworthy recommendations during the Forum on Increasing Access to Justice spearheaded by the Court last year. In promulgating Resolution No. 24, the Misamis Oriental Chapter of the IBP has effectively performed its duty to "participate in the development of the legal system by initiating or supporting efforts in law reform and in the administration of justice." Obligations (1) To self for continued improvement of knowledge (2) To his profession for maintenance of high standards of legal education (3) To the public for social consciousness Bar Matter No. 850 (2000) Purpose: To ensure that lawyers throughout their career keep abreast with law and jurisprudence, maintain the ethics of the profession and enhance the standards of the practice of law Requirement: Every 3 years at least 36 hours of legal education activities. Legal ethics Trial and pre-trial skills Alternative dispute resolution Updates on substantive procedural laws and jurisprudence Writing and oral advocacy International law and international conventions Other subjects as may be prescribed by the Committee on MCLE Legal Education Activities a) Participatory 1) Attending approved education activities like seminars, conferences, conventions, symposia, in-house education programs, workshops, dialogues or round table discussion. 2) Speaking or lecturing, or acting as assigned panelist, reactor, commentator, resource speaker, moderator, coordinator or facilitator in approved education activities. 3) Teaching in a law school or lecturing in a bar review class. Non Participatory 1) Preparing, as an author or co-author, written materials published or accepted for publication, e.g., in the form of an article, chapter, book, or book review which contribute to the legal education of the author member, which were not prepared in the ordinary course of the members practice or employment. 2) Editing a law book, law journal or legal newsletter. Other activities credited to MCLE Rendering Mandatory Legal Aid Services [Bar Matter No. 2012, Sec 8] 6 hrs 4 hrs 5 hrs 9 hrs 4 hrs 2 hrs 6 hrs
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b)
Exemptions (1) President, vice-president, cabinet members (2) Members of Congress (3) Chief Justice and incumbent and retired members of the judiciary
(2)
(3) (4)
(5) (6)
(7)
(8)
REVIEWER the public interest over and above personal interest. Professionalism- perform and discharge their duties with the highest degree of excellence, professionalism, intelligence and skill Justness and sincerity- not discriminate against anyone, especially the poor and the underprivileged Political neutrality- provide service to everyone without unfair discrimination and regardless of party affiliation or preference Responsiveness to the public- extend prompt, courteous, and adequate service to the public Nationalism and patriotism- 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. Commitment to democracy- 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. Simple living- lead modest lives appropriate to their positions and income
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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. A public prosecutor is a quasi-judicial officer with the two-fold aim of which is that guilt shall not escape or innocence suffer. He should not hesitate to recommend to the court the accused's acquittal if the evidence in his possession shows that the accused is innocent. [Agpalo] While there is nothing objectionable in allowing a private prosecutor to participate in the proceedings, a public prosecutor should not allow the trial in the hands of a private prosecutor to degenerate into a private persecution. In such event, the public prosecutor must take over the active conduct of the litigation. [Agpalo] Prosecutors should not allow and should avoid giving the impression that their noble office is being used or prostituted, wittingly, or unwittingly, for political ends or other purposes alien to the fundamental objective of serving the interests of justice. [Agpalo] It is upon the discretion of the prosecutor to decide what charge to file upon proper appreciation of facts and evidences. Fiscals are not precluded from exercising their sound discretion in investigation. His primary duty is not to convict but to see that justice is served. [People v. Pineda, (1967)]
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Rule 6.02 - A lawyer in Gov't. service shall not use his public position to promote or advance his private interests, nor allow the latter to interfere with his public duties. In relation to Rule 3.03, if the law allows a public official to practice law concurrently, he must not use his public position to feather his law practice Moreover, he should not only avoid all impropriety. Neither should he even inferentially create a public image that he is utilizing his public position to advance his professional success or personal interest at the expense of the public. [Agpalo] Just as the Code of Conduct and Ethical Standards for Public Officials requires public officials and employees to process documents and papers expeditiously (Sec. 5, subpars. [c] and [d] and prohibits them from directly or indirectly having a financial or material interest in any transaction requiring the approval of their office, and likewise bars them from soliciting gifts or anything of monetary value in the course of any transaction which may be affected by the functions of their office [Collantes v. Renomeron, (1991)] We begin with the veritable fact that lawyers in Gov't. service in the discharge of their official task have more restrictions than lawyers in private practice. Want of moral integrity is to be more severely condemned in a lawyer who holds a responsible public office It bears stressing also that Gov't. lawyers who are public servants owe fidelity to the public service, a public trust. As such, Gov't. lawyers should be more sensitive to their professional obligations as their disreputable conduct is more likely to be magnified in the public eye. [Huyssen vs Gutierrez 485 SCRA 244 (2006)] Respondent in his future actuations as a member of the bar, should refrain from laying himself open to such doubts and misgivings as to his fitness for the position he occupies but also for membership in the bar. Fitness as to the membership to the legal profession includes keeping his honor unsullied. [Misamin v. San Juan, (1976)] Rule 6.03 - A lawyer shall not, after leaving Gov't. service, accept engagement or employment in connection with any matter in which he had intervened while in said service. How a Gov't. Lawyer Leaves Gov't. Service: (1) retirement (2) resignation (3) expiration of the term of office (4) dismissal (5) abandonment GENERAL RULE: Practice of profession allowed immediately after leaving public service EXCEPTIONS: If lawyer had connection with any matter during his term, subject to
LEGAL AND JUDICIAL ETHICS REVIEWER (1) Assist in the administration of justice; (2) Foster and maintain on the part of its members high ideals of integrity, learning, professional competence, public service and conduct; (3) Safeguard the professional interest of its members; (4) Cultivate among its members a spirit of cordiality and brotherhood; (5) Provide a forum for the discussion of law, jurisprudence, law reform, pleading, practice and procedure, and the relations of the Bar to the Bench and to the public, and publish information relating thereto; (6) Encourage and foster legal education; (7) Promote a continuing program of legal research in substantive and adjective law, and make reports and recommendations thereon.
The basic postulate of the IBP is that it is nonpolitical in character and that there shall be neither lobbying nor campaigning in the choice of the IBP Officers. The fundamental assumption is that the officers would be chosen on the basis of professional merit and willingness and ability to serve. The candidates and many of the participants in the election process not only violated the By-Laws of the IBP but also the ethics of the legal profession which imposes on all lawyers. The unseemly ardor with which the candidates pursued the presidency of the association detracted from the dignity of the legal profession. The spectacle of lawyers bribing or being bribed to vote did not uphold the honor of the profession nor elevate it in the publics esteem. [In re 1989 Elections of the IBP, 178 SCRA 398 (1989)] Atty "Batas" Mauricio violated Canon 7 of the Code of Professional Responsibility, which directs a lawyer to "at all times uphold the integrity and the dignity of the legal profession when he tried to force CDO to place ads in his shows and publications in exchange for stopping his media attacks on their allegedly worm-laden liver spread. [Foodsphere v. Mauricio, A.C. No. 7199 (22 July 2009)]
On any Gov't. employee - No Gov't. employee, official, or officer may accept engagement or employment in connection with matter he had intervened in. Intervention includes any act of a person which has the power to influence the subject proceedings. [Agpalo] The matter contemplated in this rule are those that are adverse-interest conflicts (substantial relatedness and adversity between the Gov't. matter and the new client matter in interest) and congruent-interest representation conflicts, while the intervention should be significant and substantial which can or have affected the interest of others. [PCGG v. Sandiganbayan, (2005)] On members of the legislature 1987 Constitution, Art. VI, Sec. 13. No member of legislature may accept an appointment in an office which he created or increased emoluments thereof.
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REVIEWER between clients should not influence counsel in their conduct and demeanor toward each other. [Reyes vs. Chiong, Jr., 405 SCRA 212 (2003)]
The highest reward that can come to a lawyer: Esteem of his/her brethren. 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. DOs: (1) Accept employment to handle a matter previously handled by another lawyer, a. Provided the other lawyer has been given notice of termination of service lest it amounts to an improper encroachment upon the professional employment of the original counsel [Laput v. Remotigue A.M. No. 219 (1962)] b. In the absence of a notice of termination from the client, provided he has obtained the conformity of the counsel whom he would substitute. c. In the absence of such conformity, a lawyer must at least give sufficient notice to original counsel so that original counsel has the opportunity to protect his claim against the client. (2) Association as a colleague in a case: A 2nd lawyer should communicate with the 1st before making an appearance as co-counsel. a. Should the 1st lawyer object, 2nd lawyer should decline association but if the 1st lawyer is relieved, he may come into the case. b. Ask client to relieve him should it be impracticable for him whose judgment has been overruled by his co-counsel to cooperate effectively DON'Ts: (1) Steal the other lawyers client (2) Induce client to retain him by promise of better service, good result or reduced fees for his services. (3) Disparage another lawyer, make comparisons or publicize his talent as a means to further his law practice. (4) In the absence of the adverse partys counsel, interview the adverse party and question him as to the facts of the case EVEN IF adverse party was willing to do so. (5) Sanction the attempt of his client to settle a litigated matter with the adverse party without the consent nor knowledge of the latters counsel (cf. Canon 9).
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LEGAL AND JUDICIAL ETHICS REVIEWER improper because it amounts to a rebate or commission [Halili v. CIR. 136 SCRA 113 (1965)]
A contract between a lawyer and a layman granting the latter a percentage of the fees collected from clients secured by the layman and enjoining the lawyer not to deal directly with said clients is null and void, and the lawyer may be disciplined for unethical conduct [Tan Tek Beng v. David. 128 SCRA 389 (1983)] Non-lawyers may appear before the NLRC or any labor arbiter. Granted that they acted as legal representatives, they are still not entitled to receive professional fees. The statutory rule that an attorney shall be entitled to have and recover from his client a reasonable compensation or remuneration for the services they have rendered presupposes the existence of an attorney-client relationship. Such a relationship cannot, however, exist when the clients representative is a nonlawyer. [Five J Taxi v. NLRC, 235 SCRA 556]
A lawyer, who is under suspension from practice of law is not a member of the Bar in good standing. A lawyer whose authority to practice has been withdrawn due to a change in citizenship or allegiance to the country cannot appear before the courts. [Guballa v. Caguioa, 78 SCRA 302] A lawyer cannot delegate to a layman activities which may only be undertaken by a lawyer: The computation and determination of the period within which to appeal an adverse judgment [Eco v. Rodriguez, 107 Phil. 612 (1960)] The examination of witnesses or the presentation of evidence [Robinson v. Villafuerte, 18 Phil 121 (1911)] A lawyer may delegate: The examination of case law Finding and interviewing witnesses Examining court records Delivering papers and similar matters Rule 9.02 - A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice law, except: a) Where there is a pre-existing agreement with a partner or associate that, upon the latter's death, money shall be paid over a reasonable period of time to his estate or to persons specified in the agreement b) Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or c) Where a lawyer or law firm includes nonlawyer employees in a retirement plan even if the plan is based in whole or in part, on a profit sharing agreement. EXCEPTIONS A & B: Represent compensation for legal services rendered by the deceased lawyer during his lifetime. Do not apply to future business of a law firm Estate or heir cannot become partner of law firm C: Retirement benefits, strictly speaking, not a division of legal fees, but represent additional deferred wages or compensation for past services of employees. An agreement between a union lawyer and a layman president of the union to divide equally the attorneys fees that may be awarded in a labor case violates the rule and is illegal and immoral [Amalgamated Laborers Assn. v. CIR. 22 SCRA 1266 (1968)] A donation by a lawyer to a labor union of part of his attorneys fees taken from the proceeds of a judgment secured by him for the labor union is
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C. The Courts
1. Candor, Fairness, and Good Faith Towards the Courts
CANON 10: Candor, Fairness and Good Faith to the Court. A lawyer is, first and foremost, an officer of the court. Accordingly, should there be a conflict between his duty to his client and that to the court, he should resolve the conflict against the former and in favor of the latter, his primary responsibility being to uphold the cause of justice. [Cobb Perez v. Lantin, 24 SCRA 291 (1968)] Candor in all his dealings is of the very essence of honorable membership in the legal profession. [Cuaresma v. Daquis, 63 SCRA 257 (1975)] It requires that a lawyer act with the highest standards of truthfulness, fair play and nobility in the conduct of litigation and in his relations with his client, the opposing party and his counsel, and the court before which he pleads his clients cause. [Director of Lands v. Adorable, 77 Phil. 468 (1946)] Rule 10.01 - A lawyer shall not do any falsehood, nor consent to the doing of any in Court; nor shall he mislead, or allow the Court to be misled by any artifice. A lawyer should not conceal the truth from the court, nor mislead the court in any manner no matter how demanding his duties to clients may be. His duties to his client should yield to his duty to deal candidly with the court. For no client is entitled to receive from the lawyer any service involving dishonesty to the courts (Comments of IBP Committee that drafted the Code, p. 53)
LEGAL AND JUDICIAL ETHICS 2. Respect for Courts and Judicial Officers
Statutory Basis CANON 11: Observe and Maintain the Respect Due to the Courts and Judicial Officers Related Statutory Basis Rule 138, Sec. 20(b) Duties of attorneys. It is the duty of an attorney: (b) to observe and maintain the respect due to the courts of justice and judicial officers The Supreme Court of the Philippines is, under the Constitution, the last bulwark to which the Filipino people may resort to obtain relief for their grievances or protection of their rights. If the people lose their confidence in the honesty and integrity of the members of the Court and believe that they cannot expect justice therefrom, they might be driven to take the law into their own hands, and disorder and perhaps chaos might be the result. Lawyers are duty bound to uphold the dignity and authority of the Court to promote the administration of justice. Moreover, respect to the courts guarantees the stability of other institutions. [In re Sotto 82 Phil. 595 (1949)] If a pleading containing derogatory, offensive and malicious statements is submitted in the same court or judge in which the proceedings are pending, it is direct contempt, equivalent as it is to a misbehavior committed in the presence of or so near a court or judge as to interrupt the administration of justice. Direct contempt is punishable summarily. [In re letter dated 21 February 2005 of Atty. Noel S. Sorreda, 501 SCRA 369 (2006)] Observing respect due to the courts means that a lawyer should: (1) Conduct himself toward judges with courtesy everyone is entitled to expect [Paragas v Cruz, 14 SCRA 809 (1965)] (2) With the propriety and dignity required by the courts. [Salcedo v Hernandez, 61 Phil. 729 (1935)] Rule 11.01 - A lawyer shall appear in court properly attired. Respect begins with the lawyers outward physical appearance in court. Sloppy or informal attire adversely reflects on the lawyer and demeans the dignity and solemnity of court proceedings. (Agpalo) Traditional attires Males: Long-sleeve Barong Tagalog or coat and tie Females: Semi-formal attires. Judges also appear in the same attire in addition to black robes. Courts have ordered a male attorney to wear a necktie and have prohibited a female attorney from wearing a hat. However, the permission of a dress
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Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the contents of a paper, the language or the argument of opposing counsel, or the text of a decision or authority, or knowingly cite as law a provision already rendered inoperative by repeal or amendment, or assert as a fact that which has not been proved. A lawyer who deliberately made it appear that the quotations in his motion for reconsiderations were findings of the Supreme Court, when they were just part of the memorandum of the Court Administrator, and who misspelled the name of the complainant and made the wrong citation of authority is guilty of violation of Rule 10.02 of the Code. [COMELEC v. Noynay, 292 SCRA 254 (1998)] it is the bounden duty of courts, judges and lawyers to reproduce or copy the same word-forword and punctuation mark-for-punctuation mark Only from this Tribunals decisions and rulings do all other courts, as well as lawyers and litigants, take their bearingsEver present is the danger that if not faithfully and exactly quoted, the decisions and rulings of this Court may lose their proper and correct meaning, to the detriment of other courts, lawyers and the public who may thereby be misled. [Insular Life Employees Co. v. Insular Life Association, 37 SCRA 244 (1971)] The legal profession demands that lawyers thoroughly go over pleadings, motions and other documents dictated or prepared by them, typed or transcribed by their secretaries or clerks, before filing them with the court. If a client is bound by the acts of his counsel, with more reason should counsel be bound by the acts of his secretary who merely follows his orders. [Adez Realty, Inc. v. CA, 215 SCRA 301 (1992)] Rule 10.03 - A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice. Related Statutory Basis Rule 138, Sec. 20(d) Duties of attorneys. It is the duty of an attorney: (d) 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 or false statement of fact of law. Filing of multiple petitions regarding the same subject matter constitutes abuse of the courts processes and improper conduct that tends to obstruct and degrade the administration of justice. A deliberate misreading or misinterpretation of the law by a lawyer also falls under the injunction and puts him in public distrust. (Agpalo) A lawyer should not abuse his right of recourse to the courts for the purpose of arguing a cause that had been repeatedly rebuffed. [Garcia v. Francisco, 65 SCAD 179, 220 SCRA 512 (1993)]
REVIEWER judges in a proper and respectful way and through legitimate channels is well recognized. The cardinal condition of all such criticism is that it shall be bona fide, and shall not spill over the wall of decency and propriety. (Agpalo)
Any serious accusation against a judicial officer that is utterly baseless, unsubstantiated and unjustified shall not be countenanced. [Go v. Abrogar, 485 SCRA 457] Rule 11.05 - A lawyer shall submit grievances against a Judge to the proper authorities only. Related Statutory Basis 1987 Constitution, Art. VIII, Sec. 6. The Supreme Court shall have administrative supervision over all courts and the personnel thereof. The duty to respect does not preclude a lawyer from filing administrative complaints against erring judges, or from acting as counsel for clients who have legitimate grievances against them. The lawyer shall not file an administrative case until he has exhausted judicial remedies which result in a finding that the judge has gravely erred. (Agpalo) Where a criminal complaint against a judge or other court employees arises from their administrative duties, the Ombudsman must defer action on said complaint and refer the same to the SC for determination whether said judges or court employees acted within the scope of their administrative duties. Otherwise, in the absence of any administrative action, the investigation being conducted by the Ombudsman encroaches into the Courts power of administrative supervision over all courts and its personnel, in violation of the doctrine of separation of powers. [Maceda v. Vasquez, 221 SCRA 464 (1993)]
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REVIEWER
Rule 12.07 - A lawyer shall not abuse, browbeat or harass a witness nor needlessly inconvenience him. Related Statutory Basis Rule 132, Sec. 3. Rights and obligations of a witness. A witness must answer questions, although his answer may tend to establish a claim against him. However, it is the right of a witness: To be protected from irrelevant, improper, or insulting questions, and from harsh or insulting demeanor; Not to be detained longer than the interests of justice require; Not to be examined except only as to matters pertinent to the issue; Not to give an answer which will tend to subject him to a penalty for an offense unless otherwise provided by law; or Not to give an answer which will tend to degrade his reputation, unless it be to the very fact at issue or to a fact from which the fact in issue would be presumed. But a witness must answer to the fact of his previous conviction for an offense.
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PD1829-Penalizing Obstruction of Justice (h) threatening directly or indirectly another with the infliction of any wrong upon his person, honor or property or that of any immediate member or members of his family in order to prevent such person from appearing in the investigation of, or official proceedings in, criminal cases, or imposing a condition, whether lawful or unlawful, in order to prevent a person from appearing in the investigation of or in official proceedings in, criminal cases; (i) giving of false or fabricated information to mislead or prevent the law enforcement agencies from apprehending the offender or from protecting the life or property of the victim; or fabricating information from the data gathered in confidence by investigating authorities for purposes of background information and not for publication and publishing or disseminating the same to mislead the investigator or to the court. Rule 12.08 - A lawyer shall avoid testifying in behalf of his client, except: (a) on formal matters, such as the mailing, authentication or custody of an instrument, and the like; or (b) on substantial matters, in cases where his testimony is essential to the ends of justice, in which event he must, during his testimony, entrust the trial of the case to another counsel. Rationale The underlying reason for the impropriety of a lawyer acting in such dual capacity lies in the
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4. Reliance on Merits of His Cause, Not From Improper Influence Upon the Courts
Statutory Basis CANON 13: Rely upon the merits of his cause and refrain from any impropriety which tends to influence, or gives the appearance of influencing the court. Rule 13.01 - A lawyer shall not extend extraordinary attention or hospitality to, nor seek opportunity for cultivating familiarity with Judges. Related Statutory Basis Code of Professional Ethics, Canon 3. A lawyer should avoid marked attention and unusual hospitality to a judge, uncalled for by the personal relations of the parties, because they subject him and the judge to misconceptions of motives. In order not to subject both the judge and the lawyer to suspicion, the common practice of some lawyers of making judges and prosecutors godfathers of their children to enhance their influence and their law practice should be avoided by judges and lawyers alike (Report of IBP Committee, p. 70.) It is improper for a litigant or counsel to see a judge in chambers and talk to him about a matter related to the case pending in the court of said judge. [Austria v. Masaquel, 20 SCRA 1247(1967)] Sec. 5, Art. 8 of the 1987 Constitution confers power to SC to supervise all activities of the IBP. The IBP by-laws also recognize the full range of the power of supervision of the SC over the IBP. Rule 13.02 - A lawyer shall not make public statements in the media regarding a pending case tending to arouse public opinion for or against a party. Rationale
D. The Clients
1. Availability of Service Without Discrimination a. Services Regardless Persons Status
Statutory Basis CANON 14: Not Refuse Services to the Needy. Rule 14.01 - A lawyer shall not decline to represent a person solely on account of the latters race, sex, creed or status of life, or because of his own opinion regarding the guilt of said person. Related Rules Rule 138, Sec. 20 (i), Duties of attorneys. In the defense of a person accused of a 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.
of
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b. Services Officio
as
Counsel
de
It is clearly unworthy of membership in the Bar which requires dedication and zeal in the defense of his client's rights, a duty even more exacting when one is counsel de oficio. On such an occasion, the honor and respect to which the legal profession is entitled demand the strictest accountability of one called upon to defend an impoverished litigant. He who falls in his obligation then has manifested a diminished capacity to be enrolled in its ranks. [People v. Ingco, 42 SCRA 170 (1971)] Counsel de Officio A counsel, appointed or assigned by the court, from among such members of the bar in good standing who by reason of their experience and ability, may adequately defend the accused. A counsel de oficio is expected to render effective service and to exert his best efforts on behalf of an indigent accused. Who may be appointed (1) a member of the bar in good standing (2) in localities without lawyers, any person of good repute for probity and ability P.D. 543 (1974) authorized 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 lawyers. Appointed by court depending on: the gravity of the offense the difficulty of the questions that may arise
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REVIEWER NOTE: The test to determine whether there is a conflict of interest in the representation is probability, not certainty of conflict
Effects of representing adverse interests (1) Disqualification as counsel on new case (2) If prejudicial to interests of latter client, a judgment against may be set aside (3) Administrative and criminal (for betrayal of trust) liability (4) Fees may not be paid GENERAL RULE 2: A lawyer must name the identity of all his clients, when so demanded. (1) The Court has a right to know that the client whose privileged information is sought to be protected is flesh and blood. (2) The mantle of privileged communication begins to exist only after the attorney-client relationship has been established. The privilege does not attach until there is a client. (3) The privilege pertains to the subject matter of the relationship. (4) Due process considerations require that the opposing party should know his adversary. (Metaphor: He cannot be obliged to grope in the dark against unknown forces.) EXCEPTION: He may refuse to divulge the name or identity of his client (1) Where a strong probability exists that revealing the clients name would implicate the client in the very activity for which he sought the lawyers advice. (2) Where disclosure would open the client to civil liability. (3) Where the governments lawyers have no case against an attorneys client unless by revealing the clients name, i.e., the said name would furnish the only link that would form the chain of testimony necessary to convict an individual of a crime. Information relating to the identity of the client may fall within the ambit of the privilege when the clients name itself has an independent significance, such that disclosure would then reveal client confidences. [Regala v. Sandiganbayan, 262 SCRA 122 (1996)] Rule 15.04 - A lawyer may, with the written consent of all concerned, act as mediator, conciliator or arbitrator in settling disputes. An attorneys knowledge reputation for fidelity may disputants to settle their However, he shall not act them. (Agpalo) of the law and his make it easy for the differences amicably. as counsel for any of
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c. Conflict of Interest
Rule 15.03 - A lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of the facts. There is conflict of interest when a lawyer represents inconsistent interests of two or more opposing parties. The test is "whether or not in behalf of one client, it is the lawyers duty to fight for an issue or claim, but it is his duty to oppose it for the other client. In brief, if he argues for one client, this argument will be opposed by him when he argues for the other client." [Hornilla v. Salunat, 405 SCRA 220 (2003)] GENERAL RULE 1: A lawyer may not represent two opposing parties at any point in time. A lawyer need not be the counsel-of-record of either party. He does not have to publicly hold himself as the counsel of the adverse party nor make efforts to advance the adverse partys conflicting interests of record. It is enough that the counsel had a hand in the preparation of the pleading of one party. EXCEPTION: When the parties agree, and for amicable settlement [Agpalo] Conflict of interest There is duty to contend for that which duty to another client requires him to oppose. Tests to determine conflict of interest (1) When there are conflicting duties (2) When the acceptance of the new relations invites or actually lead to unfaithfulness or double-dealing to another client (3) When the attorney will be called upon to use against his first client any knowledge acquired in the previous employment
Generally an attorney is prohibited from representing parties with contending positions. However at a certain stage of the controversy, before it reaches the court, a lawyer may represent
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prohibition Includes mortgage of property in litigation to the lawyer. In this case, acquisition is merely postponed until foreclosure but effect is the same. It also includes assignment of property [Ordonio v. Eduarte, 207 SCRA 229 (1992)] The purchase by a lawyer of the property in litigation from his client is categorically prohibited by Article 1491, paragraph (5) of the Philippine Civil Code, and that consequently, plaintiff's purchase of the property in litigation from his client (assuming that his client could sell the same since as already shown above, his client's claim to the property was defeated and rejected) was void and could produce no legal effect, by virtue of Article 1409, paragraph (7) of our Civil Code which provides that contracts expressly prohibited or declared void by law' are "inexistent and that These contracts cannot be ratified. Neither can the right to set up the defense of illegality be waived. x x x Article 1491 of our Civil Code (like Article 1459 of the Spanish Civil Code) prohibits in its six paragraphs certain persons, by reason of the relation of trust or their peculiar control over the property [Rubias v. Batiller, G.R. No. L-35702 (May 29, 1973)] Art.1491 is not applicable: a) When attorney is not counsel in case involving the same property at the time of acquisition.
of
Rule 15.08 - A lawyer who is engaged in another profession or occupation concurrently with the practice of law shall make clear to his client whether he is acting as a lawyer or in another capacity. GENERAL RULE Exercise of dual profession is not prohibited but a lawyer must make it clear when he is acting as a lawyer and when he is otherwise, especially in occupations related to the practice of law. Reason:
REVIEWER
Money collected by a lawyer in pursuance of a judgment in favor of his clients is held in trust and must be immediately turned over to them. [Businos v. Ricafort, 283 SCRA 40 (1997)] The failure of an attorney to return the clients money upon demand gives rise to the presumption that he has misappropriated it for his own use to the prejudice of and in violation of the trust reposed in him by the client. RETAINING LIEN A right merely to retain the funds, documents and papers of his client which have lawfully come into his possession and may retain the same until his lawful fees and disbursements have been paid. Requisites for validity (1) attorney-client relationship (2) lawful possession by lawyer of the clients funds, documents and papers in his professional capacity (3) unsatisfied claim for attorneys fees or disbursements CHARGING LIEN An equitable right to have the fees and lawful disbursements due a lawyer for his services, secured to him out of a money judgment. Requisites for validity (1) attorney-client relationship (2) attorney has rendered services (3) money judgment favorable to the client has been secured in the action (4) attorney has a claim for attorneys fees or advances (5) statement of his claim has been duly recorded in the case with notice thereof served upon the client and adverse party Every lawyer has the responsibility to protect and advance the interests of his client such that he must promptly account for whatever money or property his client may have entrusted to him. As a mere trustee of said money or property, he must hold them separate from that of his own and make sure that they are used for their intended purpose. If not used, he must return the money or property immediately to his client upon demand, otherwise the lawyer shall be presumed to have misappropriated the same in violation of the trust reposed on him. A lawyers conversion of funds entrusted to him is a gross violation of professional ethics. [Arellano University, Inc. v. Mijares III, 605 SCRA 93 (2009)]
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d)
a. Fiduciary Relationship
Rule 16.01 - A lawyer shall account for all money or property collected or received for or from the client. A lawyer, under his oath, pledges himself not to delay any man for money or malice and is bound to conduct himself with all good fidelity to his clients. He is obligated to report promptly the money of his clients that has come into his possession (otherwise a violation of Sec. 25, Rule 138 of ROC). He should not commingle it without his clients consent. He should maintain a reputation for honesty and fidelity to private trust. The fact that a lawyer has a lien for fees on money in his hands would not relieve him from the duty of promptly accounting for the funds received. [Daroy v. Legaspi (1975)] Money collected by a lawyer in pursuance of a judgment in favor of his clients is held in trust and must be immediately turned over to them. [Busios v. Ricafort, 283 SCRA 407 (1997)]
b. Co-Mingling of Funds
Rule 16.02 - A lawyer shall keep the funds of each client separate and apart from his own and those of others kept by him.
c. Delivery of Funds
Rule 16.03 - A lawyer shall deliver the funds and property to his client when due or upon demand. However, he shall have a lien over the funds and may apply so much thereof as may be necessary to satisfy his lawful fees and disbursements, giving notice promptly thereafter to his client. He shall also have a lien to the same extent on all judgments and executions he has secured for his client as provided for in the Rules of Court. Related Statutory Basis Rule 138, Sec. 37. Attorneys liens. An attorney shall have a lien upon the funds, documents and papers of his client which have lawfully come into his possession and may retain the same until his lawful fees and disbursements have been paid, and may apply such funds to the satisfaction thereof.
d. Borrowing or Lending
Rule 16.04 - A lawyer shall not borrow money from his client unless the clients interests are fully protected by the nature of the case or by independent advice. Neither shall a lawyer lend money to a client except when, in the interest of justice, he has to advance necessary expenses in a legal matter he is handling for the client.
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The relation of attorney and client is highly fiduciary in nature and is of a very delicate, exacting and confidential character. A lawyer is duty-bound to observe candor, fairness and loyalty in all his dealings and transactions with his clients. The profession, therefore, demands of an attorney an absolute abdication of every personal advantage conflicting in any way, directly or indirectly, with the interest of his client. [Barnachea v. Quicho, 399 SCRA 1 (2003)]
Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection therewith shall render him liable. If by reason of the lawyers negligence, actual loss has been caused to his client, the latter has a cause of action against him for damages. However, for the lawyer to be held liable, his failure to exercise reasonable care, skill and diligence must be proximate cause of the loss. [Callanta] Every case a lawyer accepts deserves his full attention, diligence, skill and competence, regardless of its importance or whether he accepts for a fee or free. By agreeing to be someones counsel, he represents that he will exercise ordinary diligence or that reasonable degree of care and skill demanded of the business he undertakes to do, to protect the clients interests and take all steps or do all acts necessary thereof [Uy v Tansinin [AC No. 8252 (July 21, 2009)]. A client is entitled to the benefit remedy and defense authorized expected to rely on the lawyer to remedy or defense [Garcia V. 5039(2005)]. Lawyers Negligence GENERAL RULE: Client is bound by attorneys conduct, negligence and mistake in handling case or in management of litigation and in procedural technique, and he cannot be heard to complain that result might have been different had his lawyer proceeded differently. EXCEPTIONS: (1) Where it results in outright deprivation of clients liberty or property or where interest of justice so requires (2) Where error by counsel is purely technical which does not affect substantially clients cause (3) Ignorance, incompetence or inexperience of lawyer is so great and error so serious that client, who has good cause is prejudiced and denied a day in court (4) Gross negligence of lawyer (5) Lack of acquaintance with technical part of procedure. Examples of negligence of attorneys Failure of counsel to ask for additional time to answer a complaint resulting in a default judgment against his client [Mapua v. Mendoza, 45 Phil. 424(1993)]. Failure to bring suit immediately. When the belated suit was filed, the defendant had already become insolvent and recovery could no longer be had. The lawyer was declared liable to the client [Filinvest Land v. CA, 182 SCRA 664(1990)] Failure to ascertain date of receipt from post office of notice of decision resulting in the nonof any and every by law, and is assert every such Bala [A.C. No.
a. Adequate Protection
Rule 18.02 A lawyer shall not handle any legal matter without adequate preparation. Lawyer should safeguard his clients rights and interests by thorough study and preparation; mastering applicable law and facts involved in a case, regardless of the nature of the assignment; and keeping constantly abreast of the latest jurisprudence and developments in all branches of the law. [Agpalo] A lawyer should give adequate attention, care and time to his cases. This is the reason why a practicing lawyer should accept only so many cases he can handle. Once he agrees to handle a case, he should undertake the task with dedication and care. If he should do any less then he is not true to his oath as a lawyer. [Legarda v. CA, G. R. No. 94457, (March 18, 1991)]
b. Negligence
REVIEWER When a lawyer accepts a case, whether for a fee or not, his acceptance is an implied representation: (1) that he possess the requisite degree of academic learning, skill and ability in the practice of his profession; (2) that he will exert his best judgment in the prosecution or defense of the litigation entrusted to him; (3) that he will exercise reasonable and ordinary care and diligence in the pursuit or defense of the case; and (4) that he will take steps as will adequately safeguard his clients interests. [Islas v. Platon, 47 Phil. 162]
However, whatever good intentions he may have, a lawyer cannot ask another lawyer to collaborate with him in a particular case without the consent of the client. The fiduciary nature of attorney-client relationship prohibits this. (Aguirre) Some cases involve specialized fields of law and require special training. A lawyer should not accept an undertaking in specific area of law which he knows or should know he is not qualified to enter. (Agpalo)
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Instances where the client is not bound by counsels negligence In the case of an irresponsible lawyer who totally forgot about the case and failed to inform his client of the decision, the Supreme Court held that the client should not be bound by the negligence of the counsel. [Republic v. Arro, 150 SCRA 630(1987)] A party is not bound by the actions of his counsel in case the gross negligence of the counsel resulted in the clients deprivation of his property without due process [Legarda v. Court of Appeals, 195 SCRA 418(1991)]. Where there is something fishy and suspicious about the actuations of the former counsel of petitioners in the case at bar, in the case he did not give any significance at all to the processes of the court, which has proven prejudicial to the rights of said clients, under a lame and flimsy explanation that the courts processes just escaped his attention, it is held that the said lawyer deprived his clients of their day in court [PHHC v. Tiongco, 12 SCRA 471(1964)]. Application of the rule, results in the outright deprivation of ones property through a technicality. [Escudero v. Dulay, 158 SCRA 69, 78(1988)] In the case of an irresponsible lawyer who totally forgot about the case and failed to inform his client of the decision, the Supreme Court held that the client should not be bound by the negligence of the counsel. [Republic vs. Arro, et al., 150 SCRA 630 (1987)]
Zeal
Statutory Basis CANON 19: Represent client with zeal within the bounds of law.
c. Collaborating Counsel
Rule 18.01 - A lawyer shall not undertake a legal service which he knows or should know that he is not qualified to render. However he may render such service if, with the consent of his client, he can obtain as collaborating counsel a lawyer who is competent on the matter.
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b. Clients Fraud
Rule 19.02 - A lawyer who has received information that his client has, in the course of the representation, perpetuated 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. Related Rule Canon 21. A lawyer should not allow his client to perpetuate fraud. However, the lawyer shall not volunteer the information about the clients commission of the fraud to anyone for that will run counter to his duty to maintain at all times the clients confidences and secrets. This rule merely requires the lawyer to terminate his relationship with the client in the event the latter fails or refuses to rectify the fraud. (Agpalo)
a. Acceptance Fees
Statutory Basis CANON 20: Charge only fair and reasonable fees. Related Statutory Basis Rule 138, Sec. 24. Compensation of attorneys. An attorney shall be entitled to have and recover from his client no more than a reasonable compensation for his services, with a view to the importance of the subject matter of the controversy, the extent of the services rendered, and the professional standing of the attorney. No court shall be bound by the opinion of attorneys as expert witnesses as to the proper compensation, but may disregard such testimony and base its conclusion on its own professional knowledge. A written contract for services shall control the amount to be paid therefore unless found by the court to be unconscionable or unreasonable. Right to compensation In the absence of an express contract [for attorneys fee], payment of attorneys fees may be justified by virtue of the innominate contract of facio ut des (I do and you give) which is based on the principle that no one shall enrich himself at the expense of another [Corpuz v. CA, G.R. No. L-40424, (June 30, 1980)] The Counsel if worthy of his hire, is entitled to be fully recompensed for his services. With his capital consisting solely of his brains and his skill, acquired at tremendous cost not only in money but in the expenditure of time and energy, he is entitled to the protection of any judicial tribunal against any attempt on the part of a client to escape payment of his fees. [Albano v. Coloma, 21 SCRA 411 (1967)] Rule 20.01 - A lawyer shall be guided by the following factors in determining his fees: 1) Time spent and the extent of the services rendered or required 2) Importance of the subject matter 3) Novelty and difficulty of the questions involved; 4) Skill demanded; 5) Probability of losing other employment as a result of acceptance of the professed case; 6) professional standing of the lawyer; 7) Amount involved in the controversy and the benefits resulting to the client from the service 8) Customary charges for similar services and the schedule of fees of the IBP Charter to which he belongs; and 9) Contingency or certainty of compensation; 10) Character of the employment, whether occasional or established. 11) Capacity of the client to pay.
7. Attorneys Fees
REVIEWER
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c. Attorneys Liens
Rule 20.02 - A lawyer shall, in case of referral, with the consent of the client, be entitled to a division of fees in proportion to the work performed and responsibility assumed. Note: This is not in the nature of a brokers commission Retaining Passive lien. It cannot be actively enforced. It is a general lien. Lawful possession of funds, papers, documents, property belonging to client Covers only funds, papers, documents, and property in the lawful possession of the attorney by reason of his professional employment As soon as the lawyer gets possession of the funds, papers, documents, property Client need not be notified to make it effective Charging Active lien. It can be enforced by execution. It is a special lien. Securing of a favorable money judgment for client Covers all judgments for the payment of money and executions issued in pursuance of such judgment As soon as the claim for attorneys fees had been entered into the records of the case Client and adverse party need to notified to make it effective Generally, it is exercisable only when the attorney had already secured a favorable judgment for his client
Nature
Basis
Coverage
Effectivity
Notice
Applicability
Controversies
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Counsel de Parte He is entitled to a reasonable attorneys fees agreed upon or in the absence thereof, on quantum meruit basis. Counsel de Oficio The counsel may not demand from the accused attorneys fees even if he wins the case. He may however collect from the government funds if available based on the amount fixed by the court. Rule 138, Sec. 32. Compensation for attorneys de oficio. Subject to availability of funds as may be provided by law the court may, in its discretion, order an attorney employed as counsel de oficio to be compensated in such sum as the court may fix in accordance with section 24 of this rule. Whenever such compensation is allowed, it shall not be less than P30 in any case, nor more than the following amounts: P50 in light felonies; P100 in less grave felonies; P200 in grave felonies other than capital offenses; P500 in capital offenses.
e. Concepts Fees
of
Attorneys
i. Ordinary Concept
An attorneys fee is the reasonable compensation paid to a lawyer for the legal services he has rendered to a client. The basis of this compensation is the fact of employment by the client.
LEGAL AND JUDICIAL ETHICS REVIEWER duty or of inexcusable negligence or ignorance, shall prejudice his client, or reveal any of the secrets of the latter learned by him in his professional capacity.
The same penalty shall be imposed upon an attorney-at-law or solicitor (procurador judicial) who, having undertaken the defense of a client or having received confidential information from said client in a case, shall undertake the defense of the opposing party in the same case, without the consent of his first client. Duty to preserve client's confidence Neither attorney nor client nor anyone who stands in a peculiar relation of confidence with either of them can be compelled to disclose any privileged communication. This canon also applies to prospective clients. Formerly, in order that a communication shall be privileged, the attorney-client relationship should exist at the time of communication. But at present, communication made by prospective client is covered for as long as it is made to the lawyer in his professional capacity. Duration of duty The lawyers duty to maintain inviolate his clients confidence is perpetual. It outlasts even the lawyers employment. He may not do anything which will injuriously affect his former client nor may he at any time disclose or use against him any knowledge or information acquired by virtue of professional relationship. Neither does not cease with the termination of the litigation nor is it affected by the partys ceasing to employ the attorney and retaining another, or by any other change of relation between them. It even survives the death of the client. [Genato v. Silapan 453 Phil. 910 (2003)] The work product of the lawyer, including his effort and researches, contained in his files is confidential even after his death. Contents of lawyers files may not be disclosed without a clients consent. Exceptions (1) Some privileged communications lose their privileged character by some supervening act done pursuant to the purpose of the communication (e.g. a communication intended by the client to be sent to a third person through his attorney loses confidential character once it reached the third party). (2) The privilege against disclosure of confidential communications or information is limited only to communications which are legitimately and properly within the scope of a lawful employment of a lawyer. It does not extend to those made in contemplation of a crime or perpetration of a fraud. It is not within the profession of a lawyer to advise a client as to how he may commit a crime. Thus, the attorney-client privilege does not attach, there being no professional employment in the strict sense.
Amicus Curiae not entitled to attorneys fees. Counsel Cannot Recover Full Amount Despite Written Contract (1) When the services were not performed, and the lawyer withdrew before the case was finished, he will be allowed only reasonable fees (2) When there is justified dismissal of an attorney, the contract will be nullified and payment will be on quantum meruit basis (3) When the stipulated fees are unconscionable (4) When the stipulated fees are in excess of what is expressly provided by law (5) When the lawyer is guilty of fraud or bad faith in the manner of his employment (6) When the counsels services are worthless because of negligence (7) When the contract is contrary to laws, morals, and good policies The mere fact that an agreement had been reached between attorney and client fixing the amount of the attorney's fees, does not insulate such agreement from review and modification by the Court where the fees clearly appear to be excessive or unreasonable. [Tanhueco v. De Dumo, 172 SCRA 760 (1989)]
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8. Preservation Confidences
of
Clients
Statutory Basis CANON 21: Preserve the confidence and secrets of his client after the attorney-client relationship is terminated. Related Statutory Bases Rule 138, 20(e). Duties of attorneys.It is the duty of an attorney: (e) To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client, and to accept no compensation in connection with his client's business except from him or with his knowledge and approval; Rule 130, sec. 21(b). Privileged communication. An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of professional employment; nor can an attorney's secretary, stenographer, or clerk be examined, without the consent of the client and his employer, concerning any fact the knowledge of which has been acquired in such capacity. Art. 209 Revised Penal Code. Betrayal of trust by an attorney or solicitorRevelation of secrets.In addition to the proper administrative action, the penalty of prision correccional in its minimum period, or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed upon any attorney-at-law or solicitor ( procurador judicial) who, by any malicious breach of professional
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a. When Allowed
Rule 21.01 A lawyer shall not reveal the confidence or secrets of his client except: a) When authorized by the client after acquainting him of the consequences of the disclosure; b) When required by law; c) When necessary to collect his fees or to defend himself, his employees or associates or by judicial action. A lawyer becomes familiar with all the facts connected with his clients case. Such knowledge must be considered sacred and must be guarded with care to ensure the confidence of the client is not abused. Only when client consents will a lawyer be allowed to make use of said information. Use of said information, whether privileged or not, is prohibited if it is to the: (1) disadvantage of the client;
REVIEWER When necessary to collect attorney's fees or to defend himself, his employees or associates or by judicial action In case client files complaint against his lawyer or unreasonably refuses to pay his fees, client waives privilege in favor of lawyer who may disclose so much of clients confidences as may be necessary to protect himself or to collect fees. It must be noted that a client may not be permitted to take advantage of the attorney-client relation to defeat the just claim of his lawyer. b. Prohibited Disclosures and Use
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Rule 21.02 A lawyer shall not, to the disadvantage of his client, use information acquired in the course of employment, nor shall he use the same to his advantage or that of a third person, unless the client with full knowledge of the circumstances consents thereto. A lawyer must have the fullest confidence of his client. If confidence is abused, as by the use by the lawyer of the client's secrets against his client, the profession will suffer by the loss thereof. Rule 21.03 A lawyer shall not, without the written consent of his client, give information from his files to an outside agency seeking such information for auditing, statistical, bookkeeping, accounting, data processing, or any similar purpose. The reason for the rule is that the work and product of a lawyer, such as his effort, research, and thought, and the records of his client, contained in his files are privileged matters. Neither the lawyer nor, after his death, his heir, or legal representative may properly disclose the contents of such file cabinet without clients consent Rule 21.04 A lawyer may disclose the affairs of a client of the firm to partners or associates thereof unless prohibited by the client. Rule 21.05 A lawyer shall adopt such measures as may be required to prevent those whose services are utilized by him, from disclosing or using confidences or secrets of the client. Professional employment of a law firm is equivalent to retainer of the members thereof even though only one partner is consulted. When one partner tells another about the details of the case, it is not considered as disclosure to third persons because members of a law firm are considered as one entity. The clients secrets which clerical aids of lawyers learn of in the performance of their services are covered by privileged communication. It is the duty of lawyer to
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9. Withdrawal of Services
Statutory Basis CANON 22: Withdraw services only for good cause and upon notice appropriate in the circumstances. Termination of Attorney-Client Relation (1) Withdrawal of lawyer under Rule 22.01 (2) Death of the lawyer (3) Disbarment or suspension of the lawyer from the practice of law (4) Declaration of presumptive death of lawyer (5) Conviction of a crime and imprisonment of lawyer (6) Discharge or dismissal of the lawyer by the client (7) Appointment or election of a lawyer to a government position which prohibits private practice of law (8) Death of client (9) Intervening incapacity or incompetence of the client during pendency of case (10) Full termination of the case General rule The client has the right to terminate at any time with or without just cause. Limitations Client cannot deprive counsel of right to be paid services if dismissal is without cause Client cannot discharge counsel as an excuse to secure repeated extensions of time Notice of discharge is required for both court and adverse party Although a lawyer may withdraw his services when the client deliberately fails to pay the fees for the services, withdrawal is unjustified if client did not deliberately fail to pay ]Montano v. IBP 358 SCRA 1 (2001)] Rule 22.01 - A lawyer may withdraw his services in any of the following case: When the client pursues an illegal or immoral course of conduct in connection with the matter he is handling; When the client insists that the lawyer pursue conduct violative of these canons and rules; When his inability to work with co-counsel will not promote the best interest of the client; When the mental or physical condition of the lawyer renders it difficult for him to carry out the employment effectively; When the client deliberately fails to pay the fees for the services or fails to comply with the retainer agreement; When the lawyer is elected or appointed to public office; and
REVIEWER Nature of Proceedings Neither a civil action nor a criminal proceeding; Sui generis, it is a class of its own since it is neither civil nor criminal Confidential in nature Defense of double jeopardy is not available Can be initiated by the SC, motu propio, or by the IBP. It can be initiated without a complaint Can proceed regardless of interest of the complainants Imprescriptible It is itself due process of law
Objectives of Suspension and Disbarment To compel the attorney to deal fairly and honestly with the court and his client; To remove from the profession a person whose misconduct has proven himself unfit for the duties and responsibilities belonging to the office of an attorney; To punish the lawyer; To set an example or warning for the other members of the bar; To safeguard the administration of justice from dishonest and incompetent lawyers; To protect the public
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B. Grounds
Statutory Basis Rule 138 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. Grounds for Disbarment (1) Deceit (2) Malpractice, or other gross misconduct in office any malfeasance or dereliction of duty committed by a lawyer (3) Grossly immoral conduct (4) Conviction of a crime involving moral turpitude (5) Violation of lawyers oath (6) Willful disobedience of any lawful order of a superior court (7) Corruptly or willfully appearing as an attorney for a party to case without an authority to do so Broadly speaking, the grounds for disbarment or suspension of a lawyer consist of those acts of misconduct before and after his admission to practice.
C. Proceedings
Procedure for Suspension or Disbarment of Attorneys by the IBP IBP Motu Propio VERIFIED COMPLAINT TO THE IBP Complaint must be: In writing Stating facts complained of
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Shall appoint an investigator or a panel of 3 investigators and notify respondent within two days from receipt
1) 2) 3) 4)
INVESTIGATION Investigator may issue subpoenas Provide respondent with opportunity to be heard May proceed with investigation ex parte should respondent be unable to comply To be terminated within 3 months from date of commencement
REPORT Submitted not later than 30 days from termination of investigation. Contains: 1) Findings of facts 2) Recommendation - Disbar - Suspend - Dismiss To be reviewed by the IBP Board of Governors
REVIEWER to delay
POSSIBLE INVESTIGATORS: Solicitor General Any Officer of the SC Any judge of a lower court Shall notify the Respondent Respondent must answer (within 15 days)
Criminal liability (1) Prejudicing client through malicious breach of professional duty (2) Revealing client secrets (3) Representing adverse interests (4) Introducing false evidence (5) Misappropriating clients funds (estafa) (6) Libel except if statements are connected with the relevant, pertinent, and material to the cause in hand or the subject of the inquiry Costs of suit GENERAL RULE: Losing client and not the lawyer is liable for costs, since the lawyer is not a partylitigant EXCEPTION: When the lawyer insisted on clients patently unmeritorious case the court may adjudge lawyer to pay treble costs of suit Contempt of Court It is exercised on preservative and not on vindictive principles and on corrective rather than the retaliatory idea of punishment. It is criminal in nature. The power to punish for contempt is inherent in all courts. It is essential in the observance of order in judicial proceedings and to enforce judgment, orders and writs. Kinds of Contempt (1) Direct Contempt - Consists of misbehavior in the presence of or near a court or judge as to interrupt or obstruct the proceedings before the court or the administration of justice. (2) Indirect or Constructive Contempt - One committed away from the court involving disobedience of or resistance to a lawful writ, process, order, judgment or command of the court, tending to belittle, degrade, obstruct, interrupt or embarrass the court. (3) Civil contempt - Failure to do something ordered by the court which is for the benefit of the party. (4) Criminal contempt - Consists of any conduct directed against the authority or dignity of the court. Acts of a Lawyer Constituting Contempt (1) Misbehavior as officer of court (2) Disobedience or resistance to court order (3) Abuse or interference with judicial proceedings (4) Obstruction in administration of justice (5) Misleading courts (6) Making false allegations, criticisms, insults, veiled threats against the courts (7) Aiding in unauthorized practice of law (suspended or disbarred) (8) Unlawful retention of clients funds (9) Advise client to commit contemptuous acts
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INVESTIGATION (3 months)
REPORT to be submitted not later than 30 days from investigations termination. REPORT MUST CONTAIN Findings of facts Recommendations
SUPREME COURT FOR JUDGMENT Suspension Fine By division one year or less En banc more than one year Division P10,000 or less En banc more than P10,000
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Power to Discipline Errant Lawyers Statutory Basis Rule 138, Sec. 27. The Supreme Court has the full authority and power to (WARDS) WARN ADMONISH REPRIMAND SUSPEND and DISBAR a lawyer Rule 139-B, Sec. 16. The Court of Appeals and the Regional Trial Courts are also empowered to WARN ADMONISH REPRIMAND and SUSPEND an attorney who appears before them from the practice of law for any of the causes mentioned in Rule 138, Sec. 27. Forms of Disciplinary Measures (1) Warning an act or fact of putting one on his guard against an impending danger, evil consequences or penalties. (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. imposed on a minor infraction of the lawyers duty to the court or client (4) Suspension a temporary withholding of a lawyers right to practice his profession as a lawyer for a certain period or for an indefinite period of time. (a) Definite (b) Indefinite qualified disbarment; lawyer determines for himself for how long or how short his suspension shall last by proving to court that he is once again fit to resume practice of law. (5) Censure official reprimand. (6) Disbarment the 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. Modifying Circumstances Extent of disciplinary action depends on attendance of mitigating or aggravating circumstance. (1) presence of mitigating circumstances may justify suspension instead of disbarment, and censure or reprimand instead of suspension (2) inverse rule may apply where aggravating circumstances are present Mitigating Circumstances (3) Good Faith (4) Want of intention to commit a wrong
REVIEWER court by positive evidence that the effort he has made toward the rehabilitation of his character has been successful. [In re Rusiana, 56 SCRA 240]
A PREVIOUSLY DISBARRED LAWYER who is given absolute pardon by the President is not automatically reinstated, he must still file a petition for reinstatement with the SC. Condition for Reinstatement A lawyer who has been suspended or disbarred may be reinstated when the SC is convinced that he has already possessed the requisites of probity and integrity necessary to guarantee his worth to practice his possession. To be reinstated to the practice of law, it is necessary that the respondent must like any other candidate for admission to the bar, satisfy the Court that he is a person of good moral character and a fit and proper person to practice law. [In re: Rovero, 101 SCRA 803] Effects of Reinstatement (1) Recognition of moral rehabilitation and mental fitness to practice law; (2) Lawyer shall be subject to same law, rules and regulations as those applicable to any other lawyer; (3) Lawyer must comply with the conditions imposed on his readmission. NOTE: Good moral character is not only a condition precedent to admission to the practice of law but is a continuing requirement.
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A. Purpose
Statutory Basis RULE I SECTION 1. Purpose of the MCLE. -Continuing legal education is required of members of the Integrated Bar of the Philippines (IBP) 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.
B. Requirements
Statutory Basis RULE 2 SEC. 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
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C. Compliance
Statutory Basis RULE 3 SEC. 1. Initial compliance period. - The initial compliance period shall begin not later than three (3) months from the adoption of these Rules. Except for the initial compliance period for members admitted or readmitted after the establishment of the program, all compliance periods shall be for thirty-six (36) months and shall begin the day after the end of the previous compliance period. SEC. 2. Compliance Groups. - Members of the IBP not exempt from the MCLE requirement shall be divided into three (3) compliance groups, namely: a. Compliance group 1. - Members in the National Capital Region (NCR) or Metro Manila are assigned to Compliance Group 1. b. Compliance group 2. - Members in Luzon outside NCR are assigned to Compliance Group 2. c. Compliance group 3. - Members in Visayas and Mindanao are assigned to Compliance Group 3. Nevertheless, members may participate in any legal education activity wherever it may be available to earn credit unit toward compliance with the MCLE requirement. SEC. 3. Compliance period of members admitted or readmitted after establishment of the program. Members admitted or readmitted to the Bar after the establishment of the program shall be assigned to the appropriate Compliance Group based on their Chapter membership on the date of admission or readmission.
D. Exemptions
Statutory Basis RULE 7 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 Executive 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 Solicitors 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 Ombudsman and the Special Prosecutor of the Office of the Ombudsman; i. Heads of government agencies exercising quasi-judicial functions; j. Incumbent deans, bar reviewers and professors of law who have teaching experience for at least ten (10) years in accredited law schools; k. The Chancellor, Vice-Chancellor and members of the Corps of Professors and Professorial
REVIEWER Commitee 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 of 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.
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E. Sanctions
Statutory Bases RULE 13 SECTION 1. Non-compliance fee. - A member who, for whatever reason, is in noncompliance at the end of the compliance period shall pay a non-compliance fee. SEC. 2. Listing as delinquent member. - 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. The investigation of a member for non-compliance shall be conducted by the IBP's Commission on Bar Discipline as a fact-finding arm of the MCLE Committee. SEC. 3. Accrual of membership fee. Membership fees shall continue to accrue at the active rate against a member during the period he/she is listed as a delinquent member. NOTE: 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,
Purpose To verify the personal appearance of affiant and the genuineness of signature To authenticate document and verify due execution, making document admissible in evidence without proof of authenticity Notarization is not an empty, meaningless, routinary act. It is invested with substantive public interest, such that only those who are qualified or authorized may act as notaries publicA notarial document is by law entitled to full faith and credit upon its face. Courts, administrative agencies and the public at large must be able to rely upon the acknowledgement executed by a notary public. [Baylon v. Almo, (2008)]
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5)
Mandatory refusal to notarize If the transaction is unlawful or immoral If the signatory shows signs that he does not understand consequences of the act, per the notarys judgment If the signatory appears not to act of his own free will, per the notarys judgment Citing Albano v. Mun. Judge Gapusan, A.M. No. 1022MJ, 162 Phil. 884 (1976), the Court ruled that a notary public should not facilitate the disintegration of marriage and the family by encouraging the separation of the spouses and extrajudicially dissolving the conjugal partnership through the notarization of a Kasunduan Ng Paghihiwalay. [Espinosa v. Omaa, A.C. No. 9081, (Oct 12, 2011)]
D. Notarial Register
A chronological official notarial register of notarial acts consisting of a permanently bound book with numbered pages. There must only be one active register ay any given time. Entries in the Notarial Register a) the following:
h)
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Official signature signed by hand, not by facsimile stamp or printing device, and at the time of the notarization Official seal two-inch diameter seal with the words Philippines, attorneys name at the margin and the roll of attorneys number. For vendors, the sale of the seal may only be upon judicial authority, for a period of 4 years. For buyers, a certified copy of the commission is necessary for purchase. One seal per certificate. The act of a lawyer notarizing a Special Power of Attorney knowing that the person who allegedly executed it is dead is a serious breach of the sacred obligation imposed upon him by the Code of Professional Responsibility, specifically Rule 1.01 of Canon 1. [Sicat v. Arriola, (2005)] A lawyer is guilty of misconduct in the performance of his duties if he fails to register in his notarial register the affidavits-complaints which were filed in an administrative case before the Civil Service Commission. [Aquino v. Pascua, (2007)]
b) c)
d)
e)
f)
F. Revocation of Commission
RULE XI Sec. 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: 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
g)
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H. Sanctions
RULE XI Sec. 1. Revocation and Administrative Sanctions. a. Upon verified complaint by an interested, affected or aggrieved person, the notary public shall 1. be required to file a verified answer to the complaint. 2. If the answer of the notary public is not satisfactory, the Executive Judge shall conduct a summary hearing. 3. If the allegations of the complaint are not proven, the complaint shall be dismissed. 4. If the charges are duly established, the Executive Judge shall impose the appropriate administrative sanctions. 5. 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. b. 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).
Judicial Ethics
Legal Ethics Judicial Ethics
practice of requisite.
law
as
an
REVIEWER indispensable
LEGAL AND JUDICIAL ETHICS I. Sources II. Qualities III. Discipline of Members of the Judiciary
NEW CODE OF JUDICIAL CONDUCT (Bangalore Draft) Independence Integrity Impartiality Propriety Equality Competence and Diligence
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CHAPTER I. SOURCES
A. NEW CODE OF JUDICIAL CONDUCT FOR THE PHILIPPINE JUDICIARY (BANGALORE DRAFT) B. CODE OF JUDICIAL CONDUCT
Judicial Ethics 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. 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. De Jure Judge One who is exercising the office of judge as a matter of right; an officer of a court who has been duly and legally appointed, qualified and whose term has not expired. De Facto Judge An officer who is not fully invested with all the powers and duties conceded to judges, but is exercising the office of a judge under some color of right. Qualifications of SC members: a) Natural born citizen b) At least 40 years of age c) Must have been for at least 15 years a judge of a lower court or engaged in the practice of law [Sec. 7 (1), Art. VIII, 1987 Constitution] Qualifications of RTC judges: a) Natural-born citizen b) At least 35 years of age c) For at least 10 years has been engaged in the practice of law in the Philippines or has held public office requiring admission to the practice of law as an indispensable requisite Qualifications of MTC judges: a) Natural-born citizen of the Philippines; b) At least 30 years of age; c) For at least five years has been engaged in the practice of law in the Philippines or has held public office requiring admission to the
A. Independence
CANON 1 - JUDICIAL INDEPENDENCE IS A PREREQUISITE 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. Memory Aid for Sections under Canon 1: Independent judicial function (Sec. 1) Outside pressure (Sec. 2) Influencing outcome of litigation (Sec. 3) Influence on judicial conduct (Sec. 4) Independence from executive and legislative (Sec. 5) Independence from society and particular parties (Sec. 6) Safeguards for judicial independence (Sec. 7) Promote Public confidence (Sec. 8) Sec. 1. Judges shall exercise the judicial function independently on the basis of their assessment of the facts and in accordance with a conscientious understanding of the law, free of any extraneous influence, inducement, pressure, threat or interference, direct or indirect, from any quarter or for any reason. A judge found defendants guilty beyond reasonable doubt of the crime of Rape with Homicide. However, he sentenced the accused with reclusion perpetua instead of the death, as unequivocally required by RA 7659. A court of law is no place for a protracted debate on the morality or propriety of the sentence, where the law itself provides for the sentence of death as a penalty in specific and well-defined instances. [People v. Veneracion, 249 SCRA 244 (1995)]
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B. Integrity
CANON 2 INTEGRITY IS ESSENTIAL NOT ONLY TO THE PROPER DISCHARGE OF THE JUDICIAL OFFICE BUT ALSO TO THE PERSONAL DEMEANOR OF JUDGES. Memory Aid for Sections under Canon 2 Conduct above reproach (Sec. 1) Reaffirm peoples faith (Sec. 2) Disciplinary action (Sec. 3) While the 1989 Code grouped the values of integrity and independence together, the New Code of Judicial Conduct has separated them, emphasizing the need for judges to maintain a life of personal and professional integrity in order to properly carry out their judicial functions. Sec. 1. Judges shall ensure that not only is their conduct above reproach, but that it is perceived to be so in the view of a reasonable observer. [W]e have repeatedly admonished our judges to adhere to the highest tenets of judicial conduct. They must be the embodiment of competence, integrity and independence. The exacting standards of conduct demanded from judges are designed to promote public confidence in the integrity and impartiality of the judiciary because the people's confidence in the judicial system is founded not only on the magnitude of legal knowledge and the diligence of the members of the bench, but also on the highest standard of integrity and moral uprightness they are expected to possess. When a judge becomes the transgressor of any law which he is sworn to apply, he places his office in disrepute, encourages disrespect for the law and impairs public confidence in the integrity and impartiality of the judiciary itself. It is therefore paramount that a judge's personal behavior both in the performance of his duties and daily life, be free from any appearance of impropriety as to be beyond reproach. [Tan v. Rosete, A.M. No. MTJ-04-1563, (Sep 8, 2004)] Judges have been penalized for: Demanding and/or accepting bribes Fraternizing with litigants and/or lawyers Altering orders Delay in rendering Sexual harassment of employees Ignorance of the law Keeping and/or flaunting a mistress Inebriated behavior
Ignorance of the law is a mark of incompetence When the inefficiency springs from a failure to consider so basic and elemental a rule, a law or principle in the discharge of his duties, a judge is either too incompetent and undeserving of the position and title he holds, or he is too vicious that the oversight or omission was deliberately done in bad faith and in grave abuse of judicial authority. In both instances, the judge's dismissal is in order. [Macalintal v. Teh, A.M. No. RTJ-97-1375, )October 16, 1997)] Sec. 2. The behavior and conduct of judges must reaffirm the people's faith in the integrity of the judiciary. Justice must not merely be done but must also be seen to be done. "Justice must not merely be done but must also be seen to be done This phrase emphasizes the importance of the public perception of the judiciary, not because the judicial department intends to be influenced thereby, but because it is essential that public confidence is always reposed in the judicial systems and processes. [a] judge's official conduct and his behavior in the performance of judicial duties should be free from the appearance of impropriety and must be beyond reproach. One who occupies an exalted position in the administration of justice must pay a high price for the honor bestowed upon him, for his private as well as his official conduct must at all times be free from the appearance of impropriety. Because appearance is as important as reality in the performance of judicial functions, like Caesar's wife, a judge must not only be pure but also beyond suspicion. A judge has the duty to not only render a just and impartial decision, but also render it in such a manner as to be free from any suspicion as to its fairness and impartiality, and also as to the judge's integrity. * * * It is obvious, therefore, that while judges should possess proficiency in law in order that they can competently construe and enforce the law, it is more important that they should act and behave in such a manner that the parties before them should have confidence in their impartiality. [Sibayan-Joaquin v. Javellana, A.M. No. RTJ- 001001, (Nov 13, 2001] A judge must not only be honest but also appear to be so; not only be a good judge, but also a good person. [Dawa v. De Asa, A.M. No. MTJ-98-1144, (July 22, 1998)] A judge must be free of a whiff of impropriety not only with respect to his performance of his judicial duties, but also to his behavior outside his sala and as a private individual. There is no dichotomy of morality: a public official is also judged by his private morals. [Castillo v. Calanog (1991)]
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C. Impartiality
CANON 3 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. Memory Aid for Sections under Canon 3 Judicial duties free from bias (Sec. 1) Promote confidence, impartiality (Sec. 2) Minimize instances of disqualification (Sec. 3) Public comments pending and impending case (Sec. 4) Disqualifications (Sec. 5) Remittal of disqualifications (Sec. 6) Disciplinary action (Sec. 3) Sec. 1. Judges shall perform their judicial duties without favor, bias or prejudice. To sustain a claim of bias or prejudice, the resulting opinion must be based upon an extrajudicial source: that is, some influence other than the facts and law presented in the courtroom. In the United States, this is known as the Extra-Judicial Source Rule. Because allegations of bias are quite serious, the person bringing the allegation must prove bias sufficient to require inhibition (also called recusal or disqualification) with clear and convincing evidence. Bare allegations of partiality and prejudgment will not suffice. [Dimo Realty & Dev. Inc. v. Dimaculangan, G.R. No. 130991, (March 11, 2004)] A judge's conduct must be clearly indicative of arbitrariness and prejudice before it can be
REVIEWER association, or the judge or lawyer was a material witness therein; The judge's ruling in a lower court is the subject of review; 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; or 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
Grounds for Disqualification and Inhibition of Judges Under the Rules of Court Mandatory or Compulsory Disqualification (Rule 131, ROC) a) He or his wife or his child is pecuniarily interested as heir, legatee, creditor or otherwise; b) Relation to either party within the sixth degree of consanguinity or affinity or to counsel within the 4th civil degree c) When he has been an executor, guardian, administrator, trustee or counsel; d) When he has presided in an inferior court where his ruling or decision is subject to review. Voluntary Inhibition A judge may, in the exercise of his sound discretion disqualify himself, for just and valid reasons other than those mentioned above. [Rule 137, Section 1] This leaves the discretion to the judge to decide for himself questions as to whether he will desist from sitting in case for other just and valid reasons with only his conscience to guide him, unless he cannot discern for himself his inability to meet the test of the cold neutrality required of him, in which event the appellate court will see to it that he disqualifies himself. A decision to disqualify himself is not conclusive and his competency may be determined on application for mandamus to compel him to act. Judges decision to continue hearing a case in which he is not legally prohibited from trying notwithstanding challenge to his objectivity may not constitute reversible error. The filing of an administrative case against a judge does not disqualify him from hearing a case. The court has to be shown other than the filing of administrative complaint, act or conduct of judge indicative of arbitrariness or prejudice before the latter being branded as the stigma of being biased or partial. [Lorenzo v. Marquez (1988)]
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Basis Specific and Exclusive
Sec. 6. A judge disqualified as stated above may, instead of withdrawing from the proceeding, disclose on the records the basis of disqualification. If, based on such disclosure, the parties and lawyers independently of the judge's participation, all agree in writing that the reason for the inhibition is immaterial or unsubstantial, the judge may then participate in the proceeding. The agreement, signed by all parties and lawyers, shall be incorporated in the record of the proceedings. The decision to continue hearing the case, despite the existence of reasons for disqualification should be: a) coupled with a bona fide disclosure to the parties-in-litigation; and b) subject to express acceptance by all the parties of the cited reason as not material or substantial. Absent such agreement, the judge may not continue to hear the case.
D. Propriety
CANON 3 PROPRIETY AND THE APPEARANCE OF PROPRIETY ARE ESSENTIAL TO THE PERFORMANCE OF ALL THE ACTIVITIES OF A. JUDGE. Memory Aid for Sections under Canon 3 Avoidance of Impropriety (Sec. 1) Acceptance of Personal Restrictions (Sec. 2) Avoidance of Controversy (Sec. 3) Not participate in cases where he may be impartial (Sec. 4) Not allow the use of his residence by other lawyers (Sec. 5) Freedom of Expression (Sec. 6) Be informed of his financial interests (Sec. 7) Influence of Judicial Conduct (Sec. 8) Confidential Information (Sec. 9) Engage in other activities (Sec. 10) Practice of Profession (Sec. 11) Form associations (Sec. 12) Gifts, Requests, Loans (Sec. 13) Gifts, Requests, Loans by staff (Sec. 14) Permissible tokens and awards (Sec. 15) Sec. 1. Judges shall avoid impropriety and the appearance of impropriety in all of their activities.
REVIEWER Sec. 7. Judges shall inform themselves about their personal fiduciary and financial interests and shall make reasonable efforts to be informed about the financial interests of members of their family.
This section of the New Code of Judicial Conduct should be read in conjunction with Section 7 of the Republic Act 6713, which prohibits certain personal fiduciary and financial conflicts. [A] judge shall refrain from financial and business dealings that tend to reflect adversely on the court's impartiality, interfere with the proper performance of judicial activities, or increase involvement with lawyers or persons likely to come before the court. [Catbagan v. Barte, 455 SCRA 1] Sec. 8. Judges shall not use or lend the prestige of the judicial office to advance their private interests, or those of a member of their family or of anyone else, nor shall they convey or permit others to convey the impression that anyone is in a special position improperly to influence them in the performance of judicial duties. This rule has two parts: a) A judge may not use judicial office to advance private interests b) A judge may not give the impression that he or she can be influenced to use the judicial office to advance the private interests of others Ticket-fixing Misconduct in which judges impermissibly take advantage of their position to avoid traffic violations. Sec. 9. Confidential information acquired by judges in their judicial capacity shall not be used or disclosed for any other purpose related to their judicial duties. When a judge released a draft of her decision to a party, that conduct was found to be not just a simple breach of confidentiality but a scheme to make the party negotiate for increases in the monetary awards to be given by the judge. [Centrum Agri-Business Realty Corp. v. Katalbas-Moscardon, 247 SCRA 145] A judge's act of personally furnishing a party copies of orders issued, without passing them through the court docket, was considered to be highly irregular, giving rise to the suspicion that the judge was partial to one of the parties in the case. [Co v. Calimag, 334 SCRA 20] It is improper for a judge to allow his wife to have access to court records which are necessarily confidential, as this practice may convey the impression that she is the one who can influence the judge's official functions. [Gordon v. Lilagan, 361 SCRA 690]
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However, it should be noted that judges assigned to municipalities and circuits may act as notaries public provided that: (1) all notarial fees charged be to the governments account, and (2) certification be made in the notarial documents attesting to the lack of lawyers or notary in the municipality or circuit. [Doughlas v. Lopez Jr., 325 SCRA 129] Sec. 12. Judges may form or join associations of judges or participate in other organizations representing the interests of judges. This rule also recognizes the difference between membership in associations of judges and membership in associations of other legal professionals. While attendance at lavish events hosted by lawyers might create an appearance of impropriety, participation in a judges-only organizations does not. (PhilJa) Sec. 13. Judges and members of their families shall neither ask for, nor accept, any gift, bequest, loan or favor in relation to anything done or to be done or omitted to be done by him or her in connection with the performance of judicial duties. This section should be read in conjunction with Section 7(d) of R.A. 6713 which prohibits public officials from soliciting or accepting gifts. Receiving money from a party litigant is the kind of gross and flaunting misconduct on the part of the judge, who is charged with the responsibility of administering the law and rendering justice. [Ompoc v. Torre (1989)] Sec. 14. Judges shall not knowingly permit court staff or others subject to their influence, direction or authority, to ask for, or accept, any gift, bequest, loan or favor in relation to anything done or to be done or omitted to be done in connection with their duties or functions. This section complements the previous section and assures that what the judge cannot do directly, may not be done indirectly through the use of employees or staff members. Sec. 15. Subject to law and to any legal requirements of public disclosure, judges may receive a token gift, award or benefit as appropriate to the occasion on which it is made, provided that such gift, award or benefit might not be reasonably perceived as intended to influence the judge in the performance of official duties or otherwise give rise to an appearance of partiality. GENERAL RULE: Judges and members of their families cannot accept gifts, etc. EXCEPTION: Subject to legal requirements like public disclosure, may accept gifts provided that it might
REVIEWER consent of all parties in interest, signed by them and entered upon the record. The prohibition is not limited to cases in which a judge hears the evidence but includes as well cases where he acts by resolving motions, issuing orders and the like. [In Re Judge Rojas (1998)]
Sec. 3. Judges shall carry out judicial duties with appropriate consideration for all persons, such as the parties, witnesses, lawyers, court staff and judicial colleagues, without differentiation on any irrelevant ground, immaterial to the proper performance of such duties. This provision is taken from Canons 1, 9 and 10 of the Canons of Judicial Ethics and Rule 3.04, Canon 3 of the 1989 Code of Judicial Conduct. Sec. 4. Judges shall not knowingly permit court staff or others subject to his or her influence, direction or control to differentiate between persons concerned, in a matter before the judge, on any irrelevant ground. Judges should organize their courts to ensure the prompt and convenient dispatch of business and should not tolerate misconduct by clerks, sheriffs and other assistants who are sometimes prone to expect favors or special treatment due to their professional relationship with the judge. [Canons of Judicial Ethics, 8; 1989 Code of Judicial Conduct, Canon 3, Rule 3.09] Sec. 5. Judges shall require lawyers in proceedings before the court to refrain from manifesting, by words or conduct, bias or prejudice based on irrelevant grounds, except such as are legally relevant to an issue in proceedings and may be the subject of legitimate advocacy. Judges should conduct proceedings in court with dignity and in a manner that reflects the importance and seriousness of proceedings. They should maintain order and proper decorum in the court. [1989 Code of Judicial Conduct, Canon 3, Rule 3.03] Judges have the duty to prevent lawyers from abusing witnesses with unfair treatment. Rights and Obligations of Witnesses (Rule 132, Section 3 of the Revised Rules of Court): a) To be protected from irrelevant, improper or insulting questions and from a harsh or insulting demeanor; b) Not to be detained longer than the interests of justice require c) Not to be examined except as to matters pertinent to the issues before the court; d) Not to give an answer which will tend to subject him to a penalty for an offense unless otherwise provided by law; e) Not to give an answer which will tend to degrade the witness reputation, but a witness must answer the fact of any previous final conviction for a criminal offense.
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E. Equality
CANON 5 - ENSURING EQUALITY OF TREATMENT TO ALL BEFORE THE COURTS IS ESSENTIAL TO THE DUE PERFORMANCE OF THE JUDICIAL OFFICE. Memory Aid for Sections under Canon 5 Understand the diversity in society (Sec. 1) Not to manifest bias or prejudice (Sec. 2) Not to differentiate (Sec. 3) Not to influence staff (Sec. 4) Attitude to parties appearing in court (Sec. 5) This is a new Canon not found in the previous two Philippine Codes of Judicial Conduct. 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. (PhilJa) Sec. 1. Judges shall be aware of and understand diversity in society and differences arising from various sources, including, but not limited to, race, color, sex, religion, national origin, caste, disability, age, marital status, sexual orientation, social and economic status, and other like causes. To render substantial justice and maintain public confidence in the judicial system, judges are expected to be aware of the diversity in society that results from an increased worldwide exchange of people and ideas. Judges must be able to avoid the infiltration of preconceptions into their decisions. They should be mindful of the various international instruments and treaties ratified by the Philippines, which affirm the equality of all human beings and establish a norm of non-discrimination without distinction as to race, sex, language or religion. Sec. 2. Judges shall not, in the performance of judicial duties, by words or conduct, manifest bias or prejudice towards any person or group on irrelevant grounds. Rule 137, Sec. 1 of the Rules of Court expressly states that no judge shall sit in any case which he has been counsel (for a party) without the written
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Women appearing as witnesses or litigants have found themselves subjected to inappropriate, overly familiar and demeaning forms of address, comments on their personal appearance, sexist remarks, jokes and unwelcome advances. As courts are expected to ensure equality, any lawyer who makes an insensitive or demeaning comment in court should be admonished. (PhilJa) The action of the judge in seizing the witness, Alberto Angel, by the shoulder and turning him about was unwarranted and an interference with that freedom from unlawful personal violence to which every witness is entitled while giving testimony in a court of justice. Against such conduct the appellant had the right to protest and to demand that the incident be made a matter of record. That he did so was not contempt, providing protest and demand were respectfully made and with due regard for the dignity of the court. [In Re: Aguas (1901)]
REVIEWER
INDEPENDENCE MEMBERS OF THE SUPREME COURT LOWER COURT JUDGES AND JUSTICES GROUNDS SANCTIONS IMPOSED BY THE SC ON ERRING MEMBERS OF THE JUDICIARY
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A. Independence
1. Impeachment
Statutory Basis 1987 Constitution, Art. X, Section 2. The President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. All other public officers and employees may be removed from office as provided by law, but not by impeachment.
Judges
and
Statutory Basis 1987 Constitution, Art. VIII, Section 11. The members of the Supreme Court and judges of lower courts shall hold office during a good behavior until they reach the age of seventy years or become incapacitated to discharge the duties of their office. The Supreme Court en banc shall have the power to discipline judges of lower courts, or order their dismissal by a vote of majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon. GENERAL RULE: A judge is not liable administratively, civilly or criminally when he acts within his power and jurisdiction. This frees the judge from apprehension of personal consequences to himself and to preserve the integrity and independence of the judiciary. EXCEPTION: Serious misconduct; inefficiency; gross and patent, or deliberate and malicious error; bad faith Misconduct Wrongful intention and not mere error in judgment [Raquiza vs. Castaneda, 82 SCRA 235] Serious Misconduct Exists when the judicial act complained of is corrupt or inspired by an intention to violate the law or a persistent disregard of well-known legal rules.
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C. Grounds
SEC. 7. Classification of charges. Administrative charges are classified as serious, less serious, or light. SEC. 8. Serious charges. Serious charges include: 1. Bribery, direct or indirect; 2. Dishonesty and violations of the AntiGraft and Corrupt Practices Law (R.A. No. 3019); 3. Gross misconduct constituting violations
REVIEWER Suspension from office without salary and other benefits for not less than one (1) nor more than three (3) months; or A fine of more than P10,000.00 but not exceeding P20,000.00.
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C. If the respondent is guilty of a light charge, any of the following sanctions shall be imposed: 1. A fine of not less than P1,000.00 but not exceeding P10,000.00 and/or 2. Censure; 2. Reprimand; 3. Admonition with warning. Instances of Serious Misconduct Which Merited Discipline by the Supreme Court: Failure to deposit funds with the municipal treasurer or produce them despite his promise to do so [Montemayor v. Collado, 107 SCRA 258] Misappropriation of fiduciary funds (proceeds of cash bail bond) by depositing the check in his personal account, thus converting the trust fund into his own use [Barja v. Beracio, 74 SCRA 355]. Extorting money from a party-litigant who has a case before his court [Haw Tay v. Singayao, 154 SCRA 107]. Solicitation of donation for office equipment [Lecaroz v. Garcia]. Frequent unauthorized absences in office [Municipal Council of Casiguruhan, Quezon v. Morales, 61 SCRA 13]. Instances of Gross Inefficiency Which Merited Discipline by the Supreme Court Delay in the disposition of cases in violation of the Canon that a judge must promptly dispose of all matters submitted to him. With or without the transcripts of stenographic notes, the 90-day period for deciding cases or resolving motions must be adhered to [Balagot v. Opinion, 195 SCRA 429]. Unduly granting repeated motions for postponement of a case [Araza v. Reyes, 64 SCRA 347]. Unawareness of or unfamiliarity with the application of the Indeterminate Sentence Law and the duration and graduation of penalties [In re: Paulin, 101 SCRA 605]. Reducing to a ridiculous amount (P6,000.00) the bail bond of the accused in a murder case thus enabling him to escape the toils of the law [Soriano v. Mabbayad, 67 SCRA 385]. Imposing the penalty of subsidiary imprisonment on a party for failure to pay civil imdemnity in violation of R.A. 5465 [Monsanto v. Palarca, 126 SCRA 45]. CONDUCT: Administrative cases against lower court judges and justices are automatically treated as disbarment cases Quantum of evidence required: Beyond reasonable doubt. Rules for evidence: Same rules as in criminal trials
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EFFECT OF WITHDRAWAL, DESISTANCE, RETIREMENT OR PARDON The withdrawal of the case by the complainant, or the filing of an affidavit of desistance or the complainants loss of interest does not necessarily cause the dismissal thereof. Reason: To condition administrative actions upon the will of every complainant who for one reason or another, condones a detestable act is to strip the Supreme Court of its supervisory power to discipline erring members of the judiciary. [Anguluan v. Taguba, 93 SCRA 179] Desistance will not justify the dismissal of an administrative case if the records will reveal that the judge had not performed his duties. [Espayos v. Lee, 89 SCRA 478]