Professional Documents
Culture Documents
Legal Ethics
Legal Ethics
KNOW MORE:
I.
Citizenship
II.
Residence
III.
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IV.
2
FACTS: Petitioner graduated from UP College of Law in 1939;
passed the bar in 1939; inducted to and served in the US Armed
Forces in the Far East during WWII and thus became eligible for
citizenship under the 1990 US Immigration Act; became a
naturalized citizen of the US in 1993. His name was struck from
the Roll of Attorneys. Only Filipino citizens may practice law in
the Philippines. This requirement is prescribed by the
Constitution, XII 14, and the ROC, 2 Rule 138.
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LEGAL ETHICS
moral turpitude, have been filed or are pending
in any court in the Philippines. (Rule 138, sec.
2)
V.
B. Law Proper
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VI.
Bar Examinations
Examination;
subjects.Applicants,
not
otherwise provided for in sections 3 and 4 of
this rule, shall be subjected to examinations in
the following subjects: Civil Law; Labor and
Social Legislation; Mercantile Law; Criminal
Law; Political Law (Constitutional Law, Public
Corporations, and Public Officers); International
Law (Private and Public); Taxation; Remedial
Law (Civil Procedure, Criminal Procedure, and
Evidence); Legal Ethics and Practical Exercises
(in Pleading and Conveyancing). (Rule 138,
sec. 9)
Legal Education
A. Pre-Law
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LEGAL ETHICS
same for all examinees and a copy thereof, in
English or Spanish, shall be given to each
examinee. Examinees shall answer the
questions personally without help from anyone.
Upon verified application made by an examinee
stating that his penmanship is so poor that it
will be difficult to read his answers without
much loss of time, the Supreme Court may
allow such examinee to use a typewriter in
answering the questions. Only noiseless
typewriters shall be allowed to be used.
The committee of bar examiners shall take
such precautions as are necessary to prevent
the substitution of papers or commission of
other frauds. Examinees shall not place their
names on the examination papers. No oral
examination shall be given. (Rule 138, sec.
10)
Annual
examination.Examinations
for
admission to the bar of the Philippines shall
take place annually in the City of Manila. They
shall be held in four days to be designated by
the chairman of the committee on bar
examiners. The subjects shall be distributed as
follows:
1st day:
Political and International
Law (morning) and
Labor and Social Legislation (afternoon);
2nd day: Civil Law (morning) and
Taxation (afternoon);
3rd day: Mercantile Law (morning) and
Criminal Law (afternoon);
4th day: Remedial Law (morning) and
Legal Ethics and Practical Exercises
(afternoon). (Rule 138, sec. 11.)
Committee of examiners. Examinations shall
be conducted by a committee of bar examiners
to be appointed by the Supreme Court. This
committee shall be composed of a Justice of
the Supreme Court, who shall act as chairman,
and who shall be designated by the court to
serve for one year, and eight members of the
bar of the Philippines, who shall hold office for
a period of one year. The names of the
members of this committee shall be published
in each volume of the official reports. (Rule
138, Sec. 12.)
VII.
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everyone concerned. (In Re: Argosino, 270
SCRA 26)
2. Agent
Notes from Agpalo:
3. Litigation by Party
By whom litigation conducted.In the
court of a justice of the peace (now, MTC)
a party may conduct his litigation in
person, with the aid of an agent or friend
appointed by him for that purpose, or with
the aid of an attorney. In any other court,
a party may conduct his litigation
personally or by aid of an attorney, and
his appearance must be either personal or
by a duly authorized member of the bar.
(Rule 138, Sec. 34)
1. Law Students
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When appearance
obligatory:
by
counsel
not
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LEGAL ETHICS
o
Relative Prohibition
Senators and members of the
House
of
Representatives
(prohibition to appear) (Art VI,
Sec. 14, 1987 Constitution)
Members of the Sanggunian (RA
No. 7160, Sec. 91)
1.
2.
II.
Privileges of attorney
o
Absolute Prohibition
1.
2.
3.
4.
5.
6.
7.
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g) 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;
h) Never to reject, for any consideration personal
to himself, the cause of the defenseless or
oppressed;
i) 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.
o
FOUR-FOLD DUTIES OF A LAWYER
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RESPECT
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TO
LEGAL ETHICS
Court held that considering that the
responsibility attached to a notary public is
sensitive, respondent should have been more
discreet and cautious in the execution of his
duties as such and should not have wholly
entrusted everything to the secretaries;
otherwise
he
should
not
have
been
commissioned as notary public. (Spouses
Santuyo v. Hidalgo, 448 SCRA 282 (2005))
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FACTS: Atty. Barranco was not disbarred despite the fact that
he had sexual congress with Patricia Figueroa with whom he
begot a child, promised that he would marry her after he passed
the bar but then married another woman.
5
FACTS: The SC indefinitely suspended Atty. Paguia for making
claims that the Justices of the Supreme Court have been
participating in partisan political activity and have prejudged a
case that will assail the legality of an act done by President
Arroyo, that Estrada v Arroyo is a patent mockery of justice and
due process, that three Justices of Sandiganbayan made their
bias manifest and are impartial against his client.
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LEGAL ETHICS
Artes Club, an organization intending to evade
the practice of law. (In Re Terrel (1903))
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LEGAL ETHICS
may be required to act as a counsel de oficio.
The fact that his services were rendered
without remuneration should not occasion a
diminution of his zeal. Most importantly, the
Constitution blessed the accused with the right
to be heard by himself and by counsel. This
manifests the indispensable role of a lawyer in
the defense of the accused. (Ledesma
v.Climaco, 57 SCRA 473 (1974))
o
o
o
o
o
o
o
o
o
II. 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 latters
rights.
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LEGAL ETHICS
CANON 3: QUICK REFERENCE
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.
Rule 3.03.
Where
a
partner
accepts public office, he shall
withdraw from the firm and his name
shall be dropped from the firm name
unless the law allows him to practice
law concurrently.
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.
MEMORY AID FOR RULES UNDER CANON 3:
o No Fair or Unfair Claim re: Qualifications (Rule
3.01)
o No False or Misleading Firm Name (Rule 3.02)
o Partners Assuming Public Office (Rule 3.03)
o No Use of Media to Attract Legal Business
(Rule 3.04)
KNOW MORE:
I. Rule 3.01. A lawyer shall not use or permit the
use of any false, fraudulent, misleading, deceptive,
undignified, self-laudatory, or unfair statement or
claim regarding his qualifications or legal services.
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Not all types of advertising or solicitation are
prohibited. The exceptions are of two broad
categories, those, which are expressly allowed,
and those, which are necessarily implied from
the restrictions. The first of such exceptions is
the publication in reputable law lists, in a
manner consistent with the standards of
conduct imposed by the canons, or brief
biographical and informative data. (Ulep v.
Legal Clinic (1993))
II. 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.
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LEGAL ETHICS
their relatives whether by consanguinity or
affinity
except
with
respect
to
appointments of such relatives to positions
considered strictly confidential or as
members of their personal staff whose
terms are coterminous with theirs.
of Public
Officials
and
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LEGAL ETHICS
his honor remains unsullied. (Misamin v. San
Juan, 72 SCRA 491 (1976))10
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10
FACTS: Atty. San Juan, a captain of the MM Police force and a
member of the bar was charged with coercing an employee,
Misamin, to agree to drop charges filed against his employer Tan
Hua for violation of the Minimum Wage Law. The case was
dismissed for lack of evidence.
11
FACTS: The SC disbarred Atty. Felina Dasig, the OIC of the
Legal Affairs Service of CHED, for making unlawful demands to
extort money from certain people who had pending applications
in her office for correction of names. Generally speaking, a
lawyer who holds a government office may not be disciplined as
a member of the Bar for misconduct in the discharge of his
duties as government official. However, if said misconduct as a
government official also constitutes a violation of his oath as a
lawyer then he may be disciplined by this Court as a member of
the Bar.
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LEGAL ETHICS
CANON 7: QUICK REFERENCE
Canon 7:
A lawyer shall at all times
uphold the integrity and dignity of the legal
profession and support the activities of the
integrated bar.
A lawyer shall be
Rule 7.01.
answerable for knowingly making a
false statement or suppressing a
material fact in connection with his
application for admission to the bar.
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 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: Election of the IBP,
178 SCRA 398 (1989))
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LEGAL ETHICS
to the complainant but one to purge the law
profession of unworthy members, to protect
the public and the court. Possession of good
moral character is not only a condition
precedent to admission to the legal profession,
but its continued possession is essential to
maintain ones good standing in the profession.
(Zaguirre v. Castillo, 398 SCRA 659
(2003))12
In a disbarment proceeding, it is
that the complainant is aware of
status or that he was not caught in
because this is not a proceeding to
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immaterial
his marital
pari delicto
grant relief
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12
FACTS: Zaguirre and Castillo were officemates at the NBI.
Zaguirre said that Castillo represented himself to be single,
courted her and promised her marriage. Soon they had intimate
relations and Zaguirre became pregnant. During their affair,
Castillo was preparing for the bar exam which he passed. Only
after Castillo was admitted to the Bar did Zaguirre learn that he
was married. She presented an affidavit executed by Castillo,
who by now is a lawyer admitting his relationship with her and
recognizing the baby she was carrying as his. However, when she
gave birth, Castillo refused to recognize the child and to give her
any form of support. Castillo denied all her allegations and said
that what transpired between them was nothing but mutual lust
and desire. He admitted that he executed the affidavit but
explained that he only did so to save Zaguirre from
embarrassment. He sought understanding from the court by
pointing out that men by nature are polygamous. The SC
indefinitely suspended him from the practice of law for gross
immoral conduct.
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LEGAL ETHICS
the laws or any manner of fraud or chicanery.
(Reyes vs. Chiong, Jr., 405 SCRA 212))
Canon 9.
A lawyer shall not, directly or
indirectly, assist in the unauthorized practice of
law.
13
FACTS: Edwin Rana passed the 2000 Bar Examinations but was
denied admission after it was found that he appeared as counsel
for a candidate in the May 2001 elections before the Municipal
Board of Election Canvassers of Mandaon, Masbate where he
even filed a pleading representing himself as counsel for and in
behalf of Vice Mayoralty candidate George Bunan. All these he
did before signing the roll of attorneys.
14
FACTS: The SC sternly reprimanded Atty. Ladaga, Branch Clerk
of Court the RTC of Makati, for practicing law without prior
permission when he appeared as pro bono counsel for his cousin.
Atty. Ladaga had actually requested the Court Administrator for
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Can
employ
secretaries,
investigators,
detectives, researches as long as they are not
involved in the practice of law (e.g., not
writing pleadings, appearing in court, etc.)
(Agpalo)
Canon 10.
A Lawyer owes candor,
fairness and good faith to the Court.
A
lawyer
shall
Rule 10.03.
observe the rules of procedure and
shall not misuse them to defeat the
ends of justice.
MEMORY AID FOR RULES UNDER CANON 10:
o Truthfulness Towards the Court (Rule 10.01)
o Not to Misquote or Misrepresent Contents of
Paper (Rule 10.02)
o Observe Rules of procedure (10.03)
KNOW MORE:
15
FACTS: Alauya, a member of the Sharia Bar used the title of
attorney.
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LEGAL ETHICS
I. 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 an artifice.
16
FACTS: The Court suspended lawyers who filed a
Manifestation with Motion for Bail on Dec 13, 2000, alleging
that the accused voluntarily surrendered to a person in
authority. The truth is that the accused only surrendered on Dec
14, 2000, as shown by the Certificate of Detention of the NBI.
Respondents declared that on Dec 13, upon learning that a
warrant of arrest was issued for their client, they filed the
Manifestation with motion for bail with the trial court. Then
they immediately fetched the accused in Cavite and brought him
to the NBI to voluntarily surrender. However, due to heavy
traffic, they arrived at the NBI at 2:00 am the next day; hence,
the certificate of detention indicated the accused surrendered
on Dec. 14
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deceive (Agpalo)
Rule 138.20(d)
Duties of attorneysIt 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.
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scrupulous preference for respectful language,
is to be observed not for the sake of the
temporary incumbent of the judicial office, but
for the maintenance of its supreme importance.
(Guerrero v. Villamor, 179 SCRA 355
(1989))
17
FACTS: Atty. Vicente Sotto, then a Senator of the Republic,
wrote his opinion in the Manila Times regarding the SCs
decision, In re Angel Parazo which was then pending
reconsideration. There the SC cited in contempt a reporter for
his refusal to divulge his source of news published in the paper.
Sotto claims that majority of the members of the Supreme
Court are incompetent and narrow-minded. He also said that
the members of the Court have deliberately committed blunders
and injustices during the past years. The SC cited Sotto in
contempt and required him to show cause why he should not be
disbarred.
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LEGAL ETHICS
not spill over the wall of decency and propriety.
(Agpalo)
Judges Courtesy
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18
This prayer for preliminary mandatory injunction is with regard
to whether the office of the ombudsman could entertain a
criminal complaint for the alleged falsification by Judge Maceda
of his certificate of service submitted to the SC, and assuming
that it can, whether a referral should be made first to the SC.
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case and the prompt satisfaction of final
judgments.
Canon 12.
A lawyer shall exert every effort
and consider it his duty to assist in the speedy
and efficient administration of justice.
Rule 12.01.
A lawyer shall not appear
for trial unless he has adequately
prepared himself on the law and the facts
of his case, the evidence he will adduce
and the order of its proferrence. He
should also be ready with the original
documents for comparison with the
copies.
Rule 12.02.
A lawyer shall not file
multiple actions arising from the same
cause.
Rule 12.03.
A lawyer shall not, after
obtaining extensions of time to file
pleadings, memoranda or briefs, let the
period lapse without submitting to the
same or offering an explanation for his
failure to do so.
Rule 12.04.
A lawyer shall not unduly
delay a case, impede the execution of a
judgment or misuse court processes.
Rule 12.05
A lawyer shall refrain
from talking to his witness during the
break or recess in the trial, while the
witness is still under examination.
Rule 12.06
A
lawyer
shall
not
knowingly
assist
a
witness
to
misrepresent himself or to impersonate
another.
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LEGAL ETHICS
that fact within 5 days therefrom to the
court wherein his aforesaid complaint
or initiatory pleading has been filed.
Failure to comply with the foregoing
requirements shall not be curable by mere
amendment of the complaint or other
initiatory pleading but shall cause for the
dismissal of the case without prejudice,
unless otherwise provided, upon motion
after hearing.
The submission of false
certification or non-compliance with any of
the undertaking therein shall constitute
indirect
contempt of court, without
prejudice
to
the
corresponding
administrative and criminal actions. If the
acts of the party or his counsel clearly
constitute willful and deliberate forum
shopping, the same shall be ground for
summary dismissal with prejudice and shall
constitute direct contempt, as well as a
cause for administrative sanctions. (ROC,
Rule 7, Sec. 5)
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V VII.
Rule 12.05
A lawyer shall refrain from talking
to his witness during the break or recess in the
trial, while the witness is still under examination.
Rule 12.06
A lawyer shall not knowingly assist
a witness to misrepresent himself or to
impersonate another.
Rule 12.07
A lawyer shall not abuse, browbeat
or harass a witness nor needlessly inconvenience
him.
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on
formal
matters,
such
as
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
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I. Rule 13.01. A
lawyer
shall
not
extend
extraordinary attention or hospitality to, nor seek
opportunity for cultivating familiarity with Judges.
19
Rule 11.05.
A lawyer shall submit
grievances against a Judge to the proper
authorities only.
20
FACTS: Atty. De Vera made some remarks to the Philippine
Daily Inquirer regarding a pending case involving the
constitutionality of the Plunder Law. In one statement, he
asked the SC to dispel rumors that it would vote in favor of a
petition filed by Estradas lawyers to declare the plunder law
unconstitutional and that his group was greatly disturbed by
the rumors. In another statement, he said that a decision in
favor of the laws unconstitutionality would trigger mass actions
and the people would not just swallow any SC decision that is
basically wrong. Atty. De Vera admitted to making the
statements but that these were factually accurate and that
these are within his right to freedom of speech.
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unless by leave of court
Retainer, defined:
(1) an act of client by which he engages
services of an attorney to render legal advice,
defend or prosecute his cause in court;
(2) fee which a client pays to an attorney when
latter is retained (retaining fee)
o
General
retainer,
defined:
secure
beforehand services of attorney for any
legal problem that may afterward arise
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Valid Ground for Refusal (Rule 14.03)
Same Standard of Conduct for All Clients (Rule
14.04)
KNOW MORE:
o
o
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fiduciary. Only in such a relationship can a
person be encouraged to repose confidence in
an attorney. The canon therefore is required by
necessity and public interest and is based on
the hypothesis that abstinence from seeking
legal advice in a good cause is an evil which is
fatal to the administration of justice. (Agpalo)
I II.
Rule 15.01.
A lawyer, in conferring with a
prospective client, shall ascertain as soon as
practicable whether the matter would involve a
conflict with another client or his own interest, and
if so, shall forthwith inform the prospective client.
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.
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Conflicting duties
o A lawyer may not, as an employee of a
corporation whose duty is to attend to its
legal affairs, join a labor union of
employees in that corporation because the
exercise
of
the
unions
rights
is
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Where circumstances show parties
require independent counsel, or where
lawyer may be suspected of disloyalty,
he should immediately withdraw from
the case.
Absence
of
true
attorney-client
relationship either with the attorney or
with the law firm of which he is a
member
makes
the
prohibition
inapplicable.
Exception:
attorneys
secretary,
stenographer or clerk who, in such
capacity, has acquired confidential
information from attorneys client, may
not accept employment or, after
admission to the bar, represent an
interest adverse to that of attys client.
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make clear to his client whether he is
acting as a lawyer or in another capacity.
VIII.
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CANON 16: QUICK REFERENCE
Canon 16.
A Lawyer shall hold in trust all
moneys and properties of his client that may
come into his possession.
Rule 16.01.
A lawyer shall account
for all money or property collected or
received for or from the client.
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.
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.
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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trust and he is under obligation to account for
it.
o
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for his discharge as counsel- his clients had lost
confidence in him. Secondly, even if there were
no valid ground, he is bereft of any legal right
to retain his clients' funds intended for a
specific purpose the purchase of land. He
stands
obliged
to
return
the
money
immediately to their rightful owners.
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Competence
sufficiency
of
lawyers
qualifications to deal with the matter in
question and includes knowledge and skill and
the ability to use them effectively in the
interest of the client
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or defense of the litigation entrusted to him; he
will exercise reasonable and ordinary care and
diligence in the use of his skill and in the
application of his knowledge to his clients
cause; he will take such steps as will
adequately safeguards his clients interest. A
client may reasonably expect that counsel will
make good his representations. (Agpalo)
I. 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.
Rule 19.01.
A lawyer shall employ
only fair and honest means to attain
the lawful objectives of his client and
shall not present, participate in
presenting or threaten to present
unfounded criminal charges to obtain
an improper advantage in any case
or proceeding.
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.
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Rule 19.03.
A lawyer shall
allow his client to dictate
procedure in handling the case.
not
the
24
FACTS: Legarda was defendant in a complaint for specific
performance. Atty. Coronel, her counsel, failed to file an
answer within the period and Legarda was thus declared in
default. The lower court rendered a decision against Legarda.
Coronel failed to pose an appeal within the period. Thus, the
decision became final. The SC suspended Atty. Coronel for six
months.
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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.
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CANON 20: QUICK REFERENCE
Canon 20.
A lawyer shall charge only fair
and reasonable fees.
Rule 20.01.
A lawyer shall be guided
by the following factors in determining his
fees:
a. The time spent and the extent of the
services rendered or required;
b. The novelty and difficulty of the
questions involved;
c. The importance of the subject
matter;
d. The skill demanded;
e. The probability of losing other
employment
as
a
result
of
acceptance of the professed case;
f. The customary charges for similar
services and the schedule of fees of
the IBP Charter to which he
belongs;
g. The
amount
involved
in
the
controversy
and
the
benefits
resulting to the client from the
service;
h. The contingency or certainty of
compensation;
i. The character of the employment,
whether occasional or established;
and
j. The professional standing of the
lawyer.
Rule 20.02.
A lawyer shall, in cases of
referral, with the consent of the client, be
entitled to a division of fees in proportion
to the work performed and responsibility
assumed.
Rule 20.03.
A
lawyer
shall
not,
without the full knowledge and consent of
the client, accept any fee, reward, costs,
commission,
interest,
rebate
or
forwarding
allowances
or
other
compensation whatsoever related to his
professional employment from any one
other than the client.
Rule 20.04.
A lawyer shall avoid
controversies with clients concerning his
compensation and shall resort to judicial
action only to prevent imposition,
injustice or fraud.
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Lawyers
should
avoid
controversies
concerning compensation so far as shall be
compatible with self-respect and with right
to receive a reasonable recompense for
services. Resort to law suits with clients
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LEGAL ETHICS
should only be done to prevent injustice,
imposition or fraud. The impression is that
those instituting suits are mercenaries.
o
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Quantum meruit
When no price is stipulated for lawyers
service, courts will fix amount on quantum
meruit basis, or such amount which his
service merits.
Requisite for principle: that there is an
acceptance of the benefits by one sought to
be charged for the services rendered under
circumstances as reasonably to notify him
that the lawyer performing the task is
expecting to be paid compensation.
Doctrine of quantum meruit is a device to
prevent undue enrichment based on the
equitable postulate that it is unjust for a
person to retain benefit without paying for
it.
Other times when doctrine applicable:
where amount stipulated in written
agreement is found to be unconscionable or
where client dismissed counsel before
termination of case or where the lawyer
withdrew therefrom for valid reasons.
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LEGAL ETHICS
5.
26
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1.
2.
3.
4.
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CANON 21: QUICK REFERENCE
Canon 21.
A lawyer shall preserve the confidence
and secrets of his client even after the attorney-client
relationship is terminated.
Rule 21.01.
A lawyer shall not reveal the
confidence or secrets of his client except:
o
When authorized by the client after
acquainting him of the consequences of
the disclosure;
o
When required by law;
o
When necessary to collect his fees or to
defend
himself,
his
employees
or
associates or by judicial action.
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.
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.
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.
Rule 21.06.
A
lawyer
shall
avoid
indiscreet conversation about a clients affairs
even with members of his family.
28
FACTS: Atty David and Corpuz were good friends. In Corpuzs
civil case, David became his counsel. Prior to rendering of final
judgment, Corpuz gave the lawyer a check which the latter
returned. After favorable decision was rendered, Atty. David
demanded attorneys fee which Corpuz refused to deliver
alleging that Davids services were offered gratuitously. The
Court decided that Atty. David should be paid attorneys fees.
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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
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LEGAL ETHICS
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.
A
confidential
communication
refers
to
information transmitted by voluntary act of
disclosure between attorney and client in
confidence and by means which so far as the
client is aware, discloses the information to no
third person other than one reasonably
necessary for the transmission of the
information or the accomplishment of the
purpose for which it was given. Covers all
actions, signs, means of communication
There is a difference between confidences and
secrets of clients. While confidences refer to
information
protected
by
attorney-client
privilege under the Revised Rules of Court
(information pertinent to the case being
handled), secrets are those other information
gained in the professional relationship that the
client has requested to be held inviolate or the
disclosure of which would be embarrassing or
would
likely
be
detrimental
to
client
(information not exactly pertinent to case).
To constitute professional employment it is not
essential that the client should have employed
the attorney professionally on any previous
occasion. If a person, in respect to his business
affairs or troubles of any kind, consults with his
attorney in his professional capacity with the
view to obtaining professional advice or
assistance, and the attorney voluntarily permits
or acquiesces in such consultation, then the
professional employment must be regarded as
established. Information so received is sacred
to the employment to which it pertains, and to
permit to be used in the interest of another, or,
worse still, in the interest of the adverse party,
is to strike at the element of confidence which
lies at the basis of, and affords the essential
security in, the relation of attorney and client.
Rationale behind this prohibition: not only to
prevent the dishonest practitioner from
fraudulent conduct, but also to protect the
honest lawyer from unfounded suspicion of
unprofessional practice. It is founded on
principles of public policy, on good taste. The
question is not necessarily one of the rights of
the parties, but as to whether the attorney has
adhered to proper professional standard.
(Hilado v. David, 83 Phil 569 (1949))
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IV-V.
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.
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LEGAL ETHICS
a) he is not in a position to carry out the
work effectively or competently;
b) he labors under a conflict of interests
between him and the prospective client
or between a present client and the
prospective client.
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the court
counsel in
138 of the
be validly
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LEGAL ETHICS
substituted only if the following requisites are
complied with: (1) New counsel files a written
application for substitution; (2) The clients
written consent is obtained; (3) The written
consent of the lawyer to be substituted is
secured, if it can still be; if the written consent
can no longer be obtained, the application for
substitution must carry proof that notice of the
motion has been served on the attorney to be
substituted in the manner required by the
Rules. (Obando v. Figueras (2000))
I. Rule 22.01. A lawyer may withdraw his services
in any of the following case:
a) When the client pursues an illegal or immoral
course of conduct in connection with the matter
he is handling;
b) When the client insists that the lawyer pursue
conduct violative of these canons and rules;
c) When his inability to work with co-counsel will
not promote the best interest of the client;
d) When the mental or physical condition of the
lawyer renders it difficult for him to carry out
the employment effectively;
e) When the client deliberately fails to pay the
fees for the services or fails to comply with the
retainer agreement;
f) When the lawyer is elected or appointed to
public office; and
g) Other similar cases.
Change of counsel
1) client discharges attorney with or without
cause: no consent or notice to lawyer needed,
nor court approval
2) attorney may initiate move by withdrawing his
appearance with written consent of client or
with leave of court on some justifiable ground
3) substitution of counsel in the form of
application for that purpose: constitutes an
appearance of the substituting counsel and is a
polite way of effecting change; compliance with
formalities is necessary since it involves ethical
considerations
Requirements for substitution
1) written application for substitution
2) written consent of client
3) written consent of attorney to be substituted
29
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consent
of
original
lawyer
or
notice
requirement is designed to afford the lawyer
the opportunity to protect his right to
attorneys fees. If he gives consent, it is
presumed he has settled that question. If not,
he can ask in same action that his chance to
have his right to attorneys fees be preserved
and protected.
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LEGAL ETHICS
disbursements in keeping with his
dignity as an officer of the court.
(Agpalo)
Kinds of Liens
1. Retaining Lien (general lien)
o the right of an attorney to retain the
funds, documents and papers of his
client which have lawfully come into
his possession until his lawful fees and
disbursements have been paid and to
apply such funds to the satisfaction
thereof.
o Reason
and
essence
of
lien:
inconvenience or disadvantage caused
to the client because of exercise of
such lien may induce client to pay the
lawyer his fees and disbursements.
o It is a general lien for the balance of
the account due to the attorney from
client for services rendered in all
matters he may have handled for the
client, regardless of outcome.
o It is dependent upon and takes effect
from time of lawful possession and
does not require notice thereof upon
client and the adverse party to be
effective.
o Passive right and cannot be actively
enforced; amounts to a mere right to
retain funds, documents and papers
as against the client until the attorney
is fully paid his fees. However, lawyer
may apply so much of clients funds in
his possession to satisfy his lawful
fees and disbursements, giving notice
promptly thereafter to his client.
* Requisites for validity (of retaining lien)
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
2. Charging Lien (special lien)
o A charging lien is a right which the
attorney has upon all judgments for the
payment of money and executions
issued in pursuance thereof, secured in
favor of his client. Covers only services
rendered by attorney in the action in
which the judgment was obtained and
takes effect only after a statement of
claim has been entered upon record of
the particular action with written notice
to his client and adverse party.
* Requisites for validity of charging lien
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
Charging
Active lien. It
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It cannot be
actively
enforced. It is
a general lien.
Basis
Coverage
Effectivity
Notice
Applicability
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
May be
exercised
before
judgment or
execution, or
regardless
thereof
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
ADDITIONAL INFORMATION
I. LIABILITIES OF LAWYERS
CIVIL LIABILITY
1) Client is prejudiced by lawyers negligence
and misconduct.
2) Breach of fiduciary obligation
3) Civil liability to third persons
4) Libelous words in pleadings; violation of
communication privilege
5) Liability for costs of suit (treble costs)
when lawyer is made liable for insisting on
clients patently unmeritorious case or
interposing appeal merely to delay litigation
CRIMINAL LIABILITY
1) Prejudicing client through malicious breach
of professional duty
2) Revealing client secrets
3) Representing adverse interests
4) Introducing false evidence
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LEGAL ETHICS
causes mentioned in Rule 138, Sec. 27.
(Rule 139-B, Sec. 16, ROC)
*NOTE: But they cannot disbar a lawyer.
A. Nature
o
B. 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.
b)
Criminal contempt consists of
any conduct directed against the authority
or dignity of the court.
C. 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
KNOW MORE:
SUSPENSION AND DISBARMENT (1990, 1992,
1993, 1994, 1999, 2000, 2001, 2002, 2003,
2004, 2005 BAR EXAMS)
Nature of Proceedings:
1. Neither a civil action nor a criminal
proceeding;
2. SUI GENERIS, it is a class of its own
since it is neither civil nor criminal
(2002 BAR EXAMS)
3. Confidential in nature
4. Defense of double jeopardy is not
available
5. Can be initiated by the SC, motu
proprio, or by the IBP. It can be
initiated without a complaint.
6. Can proceed regardless of interest of
the complainants
7. Imprescriptible
8. It is itself due process of law
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LEGAL ETHICS
allowed the
Almacen)
privileges
as
such.
(In
Re:
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 (e.g. estafa, bribery, murder,
bigamy,
seduction,
abduction,
concubinage, smuggling, falsification of
public document, violation of BP 22)
5. Violation of oath of office
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.
Objectives
of
Suspension
and
Disbarment:
Aggravating Circumstances
1. Abuse of authority or of attorneyclient relationship
2. sexual intercourse with a relative
3. charge of gross immorality
4. Previous dismissal as member of the
bar
EFFECT
OF
EXECUTIVE
PARDON
(1994, 1998 BAR EXAMS)
If during the pendency of the disbarment
proceeding the respondent was granted
executive pardon, the dismissal of the case
on that sole basis will depend on whether
the executive pardon is absolute or
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LEGAL ETHICS
conditional. If the pardon is absolute, the
disbarment
case
will
be
dismissed.
However, if the executive pardon is
conditional, the disbarment case will not be
dismissed on the basis thereof.
Absolute pardon by the President may wipe
out conviction as well as offense itself and
the grant thereof in favor of a lawyer is a
bar to a proceeding for disbarment against
him based solely on commission of such
offense.
The reason is that the respondent lawyer,
after the absolute pardon, is as guiltless
and innocent as if he never committed the
offense at all.
If absolute pardon is given to lawyer after
being disbarred for conviction of a crime, it
does not automatically entitle him to
reinstatement to the bar. It must be shown
by evidence aside from absolute pardon
that he is now a person of good moral
character and fit and proper person to
practice law. In case of a conditional
pardon, there will be a remission of
unexpired period of sentence.
Reinstatement
- It is the restoration in disbarment
proceedings to a disbarred lawyer the
privilege to practice law.
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.
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NEW CODE OF JUDICIAL CONDUCT
Canon 1
Canon 2
Canon 3
Canon 4
Canon 5
Canon 6
Independence
Integrity
Impartiality
Propriety
Equality
Competence and Diligence
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defend, both in his/her behalf and in behalf
of the Court or judge whose order or
decision is at issue. xxx Respondents folly
did not stop there. When complainant filed
for respondents inhibition, he hired his own
lawyer. Respondent judge should be
reminded that decisions of courts need not
only be just but must be perceived to be
just and completely free from suspicion or
doubt both in its fairness and integrity.
(Macalintal v. Teh, 280 SCRA 623
(1997)30)
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30
Facts: Atty. Macalintal related to the Court in a letter the
actuations of Judge Teh, relative to Election Case No. R-95-001.
Judge Teh issued a resolution adverse to the client of
complainant. He questioned the resolution via certiorari with
the COMELEC. While case was pending in the COMELEC, Teh
actively participated in the proceedings by filing his comment
on the petition, as well as an urgent manifestation.
Complainant filed a motion for inhibition but instead, Teh hired
his own lawyer and filed answer before the court with prayer.
The SC found that Judge Tehs actuations eroded public
confidence in the administration of justice.
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LEGAL ETHICS
without being arbitrary, unreasonable or
unjust. Respondent should have cited the
complainant in contempt of court instead of
throwing tantrums by banging his gavel
loudly and unceremoniously walking out of
the courtroom. Although respondent had a
valid explanation for carrying a gun, his act
of carrying it in plain view of the lawyers
(including the complainant) and considering
what just happened, cannot be taken as an
innocent gesture. It was calculated to instill
fear and intimidate the complainant.
Respondent's behavior constitutes grave
misconduct. A judge's conduct should be
free from the appearance of impropriety
not only in his official duties but in his
everyday life. One who lives by the precept
that might is right is unworthy to be a
judicial officer. (Romero v. Valle (1987))
(a)
(b)
(c)
(d)
(e)
(f)
(g)
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.
Sec. 1. Judges shall perform their
judicial duties without favor, bias or
prejudice.
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.
Disqualifications (Sec. 5)
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Re:
Sec.
2
Promote
confidence,
impartiality
The integrity of the Judiciary rests not only
upon the fact that it is able to administer
justice but also upon the perception and
confidence of the community that the
people who run the system have done
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LEGAL ETHICS
justice. Hence, in order to create such
confidence, the people who run the
judiciary, particularly judges and justices,
must not only be proficient in both the
substantive and procedural aspects of the
law, but more importantly, they must
possess the highest integrity, probity, and
unquestionable moral uprightness, both in
their public and private lives. Only then can
the people be reassured that the wheels of
justice in this country run with fairness and
equity, thus creating confidence in the
judicial system. (Talens-Dabon v. Arceo,
259 SCRA 354 (1996))
31
FACTS: On May 4, 1987, Judge Masadao rendered a decision
finding the accused, Jaime Tadeo, guilty of estafa. Justice JBL
Reyes entered his appearance for the accused. Judge Masadao
issued an order inhibiting himself from further sitting in the
case on the ground that retired Justice Reyes has been among
those who had recommended him to the bench. A raffle was
conducted and the case was assigned to Judge Elizaga. Judge
Elizaga returned the records with a letter stating his refusal to
act and assailing the re-raffling of the case as uncalled for and
impractical.
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I.
II.
Grounds
Role of
the
judicial
officer
2008
DISQUALIFICATION
Specific and exclusive
INHIBITION
No specific
grounds BUT
there is a
broad basis for
such, i.e.,
good, sound
ethical
grounds
The matter is
left to the
sound
discretion of
the judge
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CANON 4: QUICK REFERENCE
Sec. 9. Confidential information acquired
by judges in their judicial capacity shall
not be used or disclosed by for any other
purpose related to their judicial duties.
Canon 4.
Propriety and the appearance
of propriety are essential to the performance
of all the activities of a. judge.
Sec. 1. Judges
shall
avoid
impropriety and the appearance of
impropriety in all of their activities.
Sec. 10.
Subject to the proper
performance of judicial duties, judges
may
(a) Write, lecture, teach and participate in
activities concerning the law, the legal
system, the administration of justice or
related matters;
(b) Appear at a public hearing before an official
body concerned with matters relating to the
Sec. 11.
Judges shall not practice
law whilst the holder of judicial office.
Sec. 12.
Judges may form or join
associations of judges or participate in
other organizations representing the
interests of judges.
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.
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.
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 reasonably be
perceived as intended to influence the
judge in the performance of judicial
duties or otherwise give rise to an
appearance of partiality.
Sec. 7. Judges
shall
inform
themselves about their personal
fiduciary financial interests and shall
make reasonable efforts to be
informed about the financial interests
of members of their family.
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Geotina v. Gonzales: A judge, sitting on a
case must at all times be fully free,
disinterested, impartial and independent.
Elementary due process requires a hearing
before an impartial and disinterested
tribunal. A judge has both the duties of
rendering a just decision and of doing it in
a manner completely free from suspicion as
to his fairness and as to his integrity.
Mater, Jr. v. Hon. Onofre Villaluz: Outside
of pecuniary interest, relationship or
previous participation in the matter that
calls for adjudication, there may be other
causes that could conceivably erode trait of
objectivity, thus calling for inhibition. If
such causes appear and prove difficult to
resist, it is better for judge to disqualify
himself. That way, his reputation for
probity and objectivity is preserved; even
more important, ideal of an administration
of justice is lived up to. (Umale v. Villaluz
(1973))
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LEGAL ETHICS
MEMORY AID FOR SECTIONS UNDER CANON 6
32
FACTS: This is a motion for reconsideration filed by
respondent Judge Dizon praying that the resolution, finding him
guilty of rendering an erroneous decision, be reconsidered.
Dizon ruled that the state must first prove criminal intent to
find the accused, Lo Chi Fai, guilty of a violation of a Central
Bank Circular. He also ordered the return of the seized foreign
currency from the accused. This Court pointed out that in
offenses punished by special laws, proof of malice or deliberate
intent is not necessary. Respondent manifestly disregarded and
failed to apply this plain and fundamental basic principle.
Respondent admits that his decision is erroneous but pleads that
his mistaken judgment proceeded from good faith and not from
deliberate desire to pervert his position.
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2004 RULES ON NOTARIAL PRACTICE
(Aug. 1, 2004)
RULE I
IMPLEMENTATION
RULE II
DEFINITIONS
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LEGAL ETHICS
Sec. 13. Official Seal or Seal. - "Official seal" or
"Seal" refers to a device for affixing a mark, image
or impression on all papers officially signed by the
notary public conforming the requisites prescribed
by these Rules.
Sec. 14. Signature Witnessing. -The term
"signature witnessing" refers to a notarial act in
which an individual on a single occasion:
a. appears in person before the notary public and
presents an instrument or document;
b. is personally known to the notary public or
identified by the notary public through
competent evidence of identity as defined by
these Rules; and
c. signs the instrument or document in the
presence of the notary public.
Sec. 15. Court. - "Court" refers to the Supreme
Court of the Philippines.
Sec. 16. Petitioner. - "Petitioner" refers to a person
who applies for a notarial commission.
Sec. 17. Office of the Court Administrator. - "Office
of the Court Administrator" refers to the Office of
the Court Administrator of the Supreme Court.
Sec. 18. Executive Judge. - "Executive Judge"
refers to the Executive Judge of the Regional Trial
Court of a city or province who issues a notarial
commission.
Sec. 19. Vendor - "Vendor" under these Rules
refers to a seller of a notarial seal and shall include
a wholesaler or retailer.
Sec. 20. Manufacturer. - "Manufacturer" under
these Rules refers to one who produces a notarial
seal and shall include an engraver and seal maker.
RULE III
COMMISSIONING OF NOTARY PUBLIC
Sec. 1. Qualifications. - A notarial commission may
be issued by an Executive Judge to any qualified
person who submits a petition in accordance with
these Rules.
To be eligible for commissioning as notary public,
the petitioner:
1. must be a citizen of the Philippines;
2. must be over twenty-one (21) years of age;
3. must be a resident in the Philippines for at least
one (1) year and maintains a regular place of
work or business in the city or province where
the commission is to be issued;
4. must be a member of the Philippine Bar in good
standing with clearances from the Office of the
Bar Confidant of the Supreme Court and the
Integrated Bar of the Philippines; and
5. must not have been convicted in the first
instance of any crime involving moral
turpitude.
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_______________
Executive Judge
Sec. 8. Period Of Validity of Certificate of
Authorization to Purchase a Notarial Seal. - The
Certificate of Authorization to Purchase a Notarial
Seal shall be valid for a period of three (3) months
from date of issue, unless extended by the
Executive Judge.
A mark, image or impression of the seal that may
be purchased by the notary public pursuant to the
Certificate shall be presented to the Executive
Judge for approval prior to use.
Sec. 9. Form of Certificate of Authorization to
Purchase a Notarial Seal. -The Certificate of
Authorization to Purchase a Notarial Seal shall
substantially be in the following form:
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT OF_____________
CERTIFICATE OF AUTHORIZATION TO PURCHASE A
NOTARIAL SEAL
This is to authorize (name of notary public) of (city
or province) who was commissioned by the
undersigned as a notary public, within and for the
said jurisdiction, for a term ending, the thirty-first
of December (year) to purchase a notarial seal.
Issued this (day) of (month) (year).
_______________
Executive Judge
Sec. 10. Official Seal of Notary Public. - Every
person commissioned as notary public shall have
only one official seal of office in accordance with
these Rules.
Sec. 11. Jurisdiction and Term. - A person
commissioned as notary public may perform
notarial acts in any place within the territorial
jurisdiction of the commissioning court for a period
of two (2) years commencing the first day of
January of the year in which the commissioning is
made, unless earlier revoked or the notary public
has resigned under these Rules and the Rules of
Court.
Sec. 12. Register of Notaries Public. - The
Executive Judge shall keep and maintain a Register
of Notaries Public in his jurisdiction which shall
contain, among others, the dates of issuance or
revocation or suspension of notarial commissions,
and the resignation or death of notaries public. The
Executive Judge shall furnish the Office of the Court
Administrator information and data recorded in the
register of notaries public. The Office of the Court
Administrator shall keep a permanent, complete
and updated database of such records.
Sec. 2. Prohibitions.
a) A notary public shall not perform a notarial act
outside his regular place of work or business;
provided, however, that on certain exceptional
occasions or situations, a notarial act may be
performed at the request of the parties in the
following sites located within his territorial
jurisdiction:
(1) public offices, convention halls, and similar
places where oaths of office may be
administered;
(2) public function areas in hotels and similar
places for the signing of instruments or
documents requiring notarization;
(3) hospitals and other medical institutions
where a party to an instrument or
document is confined for treatment; and
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(4) any place where a party to an instrument
or document requiring notarization is under
detention.
b) A person shall not perform a notarial act if the
person involved as signatory to the instrument
or document (1) is not in the notary's presence personally at
the time of the notarization; and
(2) is not personally known to the notary public
or otherwise identified by the notary public
through competent evidence of identity as
defined by these Rules.
Sec. 3. Disqualifications. - A notary public is
disqualified from performing a notarial act if he:
(a) is a party to the instrument or document that is
to be notarized;
(b) will receive, as a direct or indirect result, any
commission, fee, advantage, right, title,
interest, cash, property, or other consideration,
except as provided by these Rules and by law;
or
(c) is a spouse, common-law partner, ancestor,
descendant,
or relative by affinity or
consanguinity of the principal within the fourth
civil degree.
Sec. 4. Refusal to Notarize. - A notary public shall
not perform any notarial act described in these
Rules for any person requesting such an act even if
he tenders the appropriate fee specified by these
Rules if:
(a) the notary knows or has good reason to believe
that the notarial act or transaction is unlawful
or immoral;
(b) the signatory shows a demeanor which
engenders in the mind of the notary public
reasonable doubt as to the former's knowledge
of the consequences of the transaction
requiring a notarial act; and
(c) in the notary's judgment, the signatory is not
acting of his or her own free will.
Sec. 5. False or Incomplete Certificate. - A notary
public shall not:
(a) execute a certificate containing information
known or believed by the notary to be false.
(b) affix an official signature or seal on a notarial
certificate that is incomplete.
Sec. 6. Improper Instruments or Documents. - A
notary public shall not notarize:
(a) a blank or incomplete instrument or document;
or
(b) an instrument or document without appropriate
notarial certification.
RULE V
FEES OF NOTARY PUBLIC
Sec. 1. Imposition and Waiver of Fees. - For
performing a notarial act, a notary public may
charge the maximum fee as prescribed by the
Supreme Court unless he waives the fee in whole
or in part.
Sec. 2. Travel Fees and Expenses. - A notary public
may charge travel fees and expenses separate and
apart from the notarial fees prescribed in the
preceding section when traveling to perform a
notarial act if the notary public and the person
requesting the notarial act agree prior to the travel.
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(b) A notary public shall record in the notarial
register the reasons and circumstances for not
completing a notarial act.
(c) A notary public shall record in the notarial
register the circumstances of any request to
inspect or copy an entry in the notarial register,
including the requester's name, address,
signature, thumb mark or other recognized
identifier, and evidence of identity. The reasons
for refusal to allow inspection or copying of a
journal entry shall also be recorded.
(d) When the instrument or document is a
contract, the notary public shall keep an
original copy thereof as part of his records and
enter in said records a brief description of the
substance thereof and shall give to each entry
a consecutive number, beginning with number
one in each calendar year. He shall also retain
a duplicate original copy for the Clerk of Court.
(e) The notary public shall give to each instrument
or
document
executed,
sworn
to,
or
acknowledged
before
him
a
number
corresponding to the one in his register, and
shall also state on the instrument or document
the page/s of his register on which the same is
recorded. No blank line shall be left between
entries.
(f) In case of a protest of any draft, bill of
exchange or promissory note, the notary public
shall make a full and true record of all
proceedings in relation thereto and shall note
therein whether the demand for the sum of
money was made, by whom, when, and where;
whether he presented such draft, bill or note;
whether notices were given, to whom and in
what manner; where the same was made,
when and to whom and where directed; and of
every other fact touching the same.
(g) At the end of each week, the notary public shall
certify in his notarial register the number of
instruments or documents executed, sworn to,
acknowledged, or protested before him; or if
none, this certificate shall show this fact.
(h) A certified copy of each month's entries and a
duplicate original copy of any instrument
acknowledged before the notary public shall,
within the first ten (10) days of the month
following, be forwarded to the Clerk of Court
and shall be under the responsibility of such
officer. If there is no entry to certify for the
month, the notary shall forward a statement to
this effect in lieu of certified copies herein
required.
Sec. 3. Signatures and Thumbmarks. - At the time
of notarization, the notary's notarial register shall
be signed or a thumb or other mark affixed by
each:
(a) principal;
(b) credible witness swearing or affirming to the
identity of a principal; and
(c) witness to a signature by thumb or other mark,
or to a signing by the notary public on behalf of
a person physically unable to sign.
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clearly impressed by the notary public on every
page of the instrument or document notarized.
(c) When not in use, the official seal shall be kept
safe and secure and shall be accessible only to
the notary public or the person duly authorized
by him.
(d) Within five (5) days after the official seal of a
notary public is stolen, lost, damaged or other
otherwise rendered unserviceable in affixing a
legible image, the notary public, after informing
the appropriate law enforcement agency, shall
notify the Executive Judge in writing, providing
proper receipt or acknowledgment, including
registered mail, and in the event of a crime
committed, provide a copy or entry number of
the appropriate police record. Upon receipt of
such notice, if found in order by the Executive
Judge, the latter shall order the notary public
to cause notice of such loss or damage to be
published, once a week for three (3)
consecutive weeks, in a newspaper of general
circulation in the city or province where the
notary public is commissioned. Thereafter, the
Executive Judge shall issue to the notary public
a new Certificate of Authorization to Purchase a
Notarial Seal.
(e) Within five (5) days after the death or
resignation of the notary public, or the
revocation or expiration of a notarial
commission, the
official seal shall be
surrendered to the Executive Judge and shall
be destroyed or defaced in public during office
hours. In the event that the missing, lost or
damaged seal is later found or surrendered, it
shall be delivered by the notary public to the
Executive Judge to be disposed of in
accordance with this section. Failure to effect
such surrender shall constitute contempt of
court. In the event of death of the notary
public, the person in possession of the official
seal shall have the duty to surrender it to the
Executive Judge.
Sec. 3. Seal Image. - The notary public shall affix a
single,
clear,
legible,
permanent,
and
photographically reproducible mark, image or
impression of the official seal beside his signature
on the notarial certificate of a paper instrument or
document.
RULE IX
CERTIFICATE OF AUTHORITY OF NOTARIES PUBLIC
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Sec. 1. Certificate of Authority for a Notarial Act. A certificate of authority evidencing the authenticity
of the official seal and signature of a notary public
shall be issued by the Executive Judge upon
request in substantially the following form:
CERTIFICATE OF AUTHORITY FOR A NOTARIAL ACT
I, (name, title, jurisdiction of the Executive Judge),
certify that (name of notary public), the person
named in the seal and signature on the attached
document, is a Notary Public in and for the
(City/Municipality/Province) of the Republic of the
Philippines and authorized to act as such at the
time of the document's notarization.
IN WITNESS WHEREOF, I have affixed below my
signature and seal of this office this (date) day of
(month) (year).
_________________
(official signature)
(seal of Executive Judge)
RULE X
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CHANGES OF STATUS OF NOTARY PUBLIC
Sec. 1. Change of Name and Address.
Within ten (10) days after the change of name of
the notary public by court order or by marriage, or
after ceasing to maintain the regular place of work
or business, the notary public shall submit a signed
and dated notice of such fact to the Executive
Judge.
The notary public shall not notarize until:
(a) he receives from the Executive Judge a
confirmation of the new name of the notary
public and/or change of regular place of work
or business; and
(b) a new seal bearing the new name has been
obtained.
The
foregoing
notwithstanding,
until
the
aforementioned steps have been completed, the
notary public may continue to use the former name
or regular place of work or business in performing
notarial acts for three (3) months from the date of
the change, which may be extended once for valid
and just cause by the Executive Judge for another
period not exceeding three (3) months.
Sec. 2. Resignation. - A notary public may resign
his commission by personally submitting a written,
dated and signed formal notice to the Executive
Judge together with his notarial seal, notarial
register and records. Effective from the date
indicated in the notice, he shall immediately cease
to perform notarial acts. In the event of his
incapacity to personally appear, the submission of
the notice may be performed by his duly authorized
representative.
Sec. 3. Publication of Resignation. - The Executive
Judge shall immediately order the Clerk of Court to
post in a conspicuous place in the offices of the
Executive Judge and of the Clerk of Court the
names of notaries public who have resigned their
notarial commissions and the effective dates of
their resignation.
RULE XI
REVOCATION OF COMMISSION AND DISCIPLINARY
SANCTIONS
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 the
Executive Judge within the first ten (10)
days of the month following;
(4) fails to affix to acknowledgments the date
of expiration of his commission;
(5) fails to submit his notarial register, when
filled, to the Executive Judge;
(6) fails to make his report, within a
reasonable time, to the Executive Judge
concerning the performance of his duties,
as may be required by the judge;
(7) fails to require the presence of a principal
at the time of the notarial act;
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Sec. 2. Reports to the Supreme Court. - The
Executive Judge concerned shall submit semestral
reports to the Supreme Court on discipline and
prosecution of notaries public.
RULE XIII
REPEALING AND EFFECTIVITY PROVISIONS
Sec. 1. Repeal. - All rules and parts of rules,
including issuances of the Supreme Court
inconsistent herewith, are hereby repealed or
accordingly modified.
Sec. 2. Effective Date. - These Rules shall take
effect on the first day of August 2004, and shall be
published in a newspaper of general circulation in
the Philippines which provides sufficiently wide
circulation.
Promulgated this 6th day of July, 2004.
RULE 3
COMPLIANCE PERIOD
Sec. 1. Initial compliance period. The initial
compliance period shall begin not later than three
(3) months from the constitution of the MCLE
Committee. 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 Group 1. Members in the
National Capital Region (NCR) or Metro Manila shall
be permanently assigned to Compliance Group 1.
Sec. 3. Compliance Group 2. Members in Luzon
outside NCR shall be permanently assigned to
Compliance Group 2.
EN BANC
RESOLUTION
Considering the Rules on Mandatory Continuing
Legal Education (MCLE) for members of the
Integrated
Bar
of
the
Philippines
(IBP),
recommended by the IBP, endorsed by the
Philippine Judicial Academy, and reviewed and
passed upon by the Supreme Court Committee on
Legal Education, the Court hereby resolves to
adopt, as it hereby adopts, the following rules for
proper implementation:
RULE 1
PURPOSE
Sec. 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.
RULE 2
MANDATORY CONTINUING LEGAL EDUCATION
Sec. 1. Constitution of the MCLE Committee. Within
two (2) months from the approval of these Rules
by the Supreme Court En Banc, the MCLE
Committee shall be constituted in accordance with
these Rules.
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 education activities
approved by the MCLE Committee. Of the 36
hours:
(a) At least six (6) hours shall be devoted to legal
ethics.
(b) At least (4) hours shall be devoted to trial and
pretrial skills.
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Sec. 1. Guidelines The following are the guidelines
for computation of credit units (CU):
PROGRAMS;
CREDIT
UNITS;
SUPPORTING
DOCUMENTS
1. SEMINARS, CONVENTIONS, CONFERENCES,
SYMPOSIA, IN-HOUSE EDUCATION PROGRAMS,
WORKSHOPS, DIALOGUES, ROUND TABLE
DISCUSSIONS BY APPROVED PROVIDERS
UNDER RULE 7 AND OTHER RELATED RULES
PARTICIPANT 1 CU PER HOUR CERTIFICATE
OF ATTENDANCE WITH NUMBER OF HOURS
1.2
LECTURER
5
CU
PER
HOUR
PHOTOCOPY OF PLAQUE OR SPONSOR'S
CERTIFICATION
RESOURCE 3 CU PER HOUR PHOTOCOPY
OF PLAQUE OR SPONSOR'S SPEAKER
CERTIFICATION
ASSIGNED 2 CU PER HOUR CERTIFICATION
FROM
SPONSORING
PENALIST/
ORGANIZATION REACTOR/COMMENTATOR
MODERATOR/
2
CU
PER
HOUR
CERTIFICATION
FROM
SPONSORING
COORDINATOR/
ORGANIZATION
FACILITATOR
2. AUTHORSHIP, EDITING AND REVIEW
RESEARCH/ 5-10 CREDIT UNITS
DULY CERTIFIED/PUBLISHED INNOVATIVE
TECHNICAL
REPORT/PAPER
PROGRAM/CREATIVE PROJECT
BOOK 50-100 PP 101+ PUBLISHED
BOOK SINGLE AUTHOR 12-16 CU 17-20 CU
2 AUTHORS 10-12 CU 13-16 CU
3 OR MORE 5-6 CU 7-11 CU
BOOK EDITOR 1/2 OF THE CU OF
PUBLISHED
BOOK
WITH
PROOF
AUTHORSHIP AS EDITOR CATEGORY
LEGAL ARTICLE 5-10 PP 11+
PUBLISHED ARTICLE SINGLE AUTHOR 6 CU
8 CU
2 AUTHORS 4 CU 6 CU
3 OR MORE 2 CU 4 CU
LEGAL
3-6
CU
PER
ISSUE
PUBLISHED
NEWSLETTER/JOURNAL
NEWSLETTER/LAW JOURNAL EDITOR
3. PROFESSIONAL
6
CU
PER
CHAIR
CERTIFICATION OF LAW DEAN CHAIR/BAR 1
CU PER LECTURE OR BAR REVIEW DIRECTOR
REVIEW/ HOUR LECTURE/LAW TEACHING
Sec. 2. Limitation on certain credit units. In
numbers 2 and 3 of the guidelines in the preceding
Section, the total maximum credit units shall not
exceed twenty (20) hours per three (3) years.
RULE 5
CATEGORIES OF CREDIT
Sec. 1. Classes of credits The credits are either
participatory or non-participatory.
Sec. 2. Claim for participatory credit. Participatory
credit may be claimed for:
(a) Attending approved education activities like
seminars, conferences, symposia, in-house
education programs, workshops, dialogues or
round table discussions.
(b) Speaking or lecturing, or acting as assigned
panelist,
reactor,
commentator,
resource
speaker, moderator, coordinator or facilitator in
approved education activities.
(c) Teaching in a law school or lecturing in a bar
review class.
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Sec. 3. Claim for non-participatory credit Nonparticipatory credit may be claimed per compliance
period for:
(a) 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
member's practice or employment.
(b) Editing a law book, law journal or legal
newsletter.
RULE 6
COMPUTATION OF CREDIT HOURS
Sec. 1. Computation of credit hours. Credit hours
are computed based on actual time spent in an
activity (actual instruction or speaking time), in
hours to the nearest one-quarter hour.
RULE 7
EXEMPTIONS
Sec. 1. Parties exempted from the MCLE. The
following members of the Bar are exempt from the
MCLE requirement:
(a) The President and the Vice President of the
Philippines,
and
the
Secretaries
and
Undersecretaries of Executives Departments;
(b) Senators and Members of the House of
Representatives;
(c) The Chief Justice and Associate Justices of the
Supreme Court,
incumbent and
retired
members of the judiciary, incumbent members
of the Judicial and Bar Council, incumbent
members of the Mandatory Continuing Legal
Education Committee, incumbent court lawyers
who have availed of the Philippine Judicial
Academy program of continuing judicial
education; (as amended by July 14, 2004
Resolution of the SC en banc)
(d) The Chief State Counsel, Chief State Prosecutor
and Assistant Secretaries of the Department of
Justice;
(e) The Solicitor General and the Assistant Solicitor
General;
(f) The Government Corporate Counsel, Deputy
and Assistant Government Corporate Counsel;
(g) The
Chairmen
and
Members
of
the
Constitutional Commissions;
(h) The
Ombudsman,
the
Overall
Deputy
Ombudsman, the Deputy Ombudsmen and the
Special Prosecutor of the Office of the
Ombudsman;
(i) Heads of government agencies exercising
quasi-judicial functions;
(j) Incumbent deans, bar reviews and professors
of law who have teaching experience for at
least 10 years accredited law schools;
(k) The Chancellor, Vice-Chancellor and members
of the Corps of Professors and Professorial
Lectures of the Philippine Judicial Academy;
and
(l) Governors and Mayors.
Sec. 2. Other parties exempted from the MCLE. The
following Members of the Bar are likewise exempt:
(a) Those who are not in law practice, private or
public.
(b) Those who have retired from law practice with
the approval of the IBP Board of Governors.
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Sec. 3. Good cause for exemption from or
modification of requirement. A member may file a
verified request setting forth good cause for
exemption (such as physical disability, illness, post
graduate study abroad, proven expertise in law,
etc.) from compliance with or modification of any of
the requirements, including an extension of time
for compliance, in accordance with a procedure to
be established by the MCLE Committee.
Sec. 4. Change of status. The compliance period
shall begin on the first day of the month in which a
member ceases to be exempt under Sections 1, 2,
or 3 of this Rule and shall end on the same day as
that of all other members in the same Compliance
Group.
Sec. 5. Proof of exemption. Applications for
exemption from or modification of the MCLE
requirement shall be under oath and supported by
documents.
RULE 8
STANDARDS
ACTIVITIES
FOR
APPROVAL
OF
EDUCATION
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RULE 11
GENERAL COMPLIANCE PROCEDURES
Sec. 1. Compliance card. Each member shall secure
from the MCLE Committee a Compliance Card
before the end of his compliance period. He shall
complete the card by attesting under oath that he
has complied with the education requirement or
that he is exempt, specifying the nature of the
exemption. Such Compliance Card must be
returned to the address indicated therein not later
than the day after the end of the member's
compliance period.
Sec. 2. Member record keeping requirement. Each
member shall maintain sufficient record of
compliance or exemption, copy furnished the MCLE
Committee. The record required to be provided to
the members by the provider pursuant to Section
3(c) of Rule 9 should be sufficient record of
attendance at a participatory activity. A record of
non-participatory activity shall also be maintained
by the member, as referred to in Section 3 of Rule
5.
RULE 12
NON-COMPLIANCE PROCEDURES
Sec. 1. What constitutes non-compliance. The
following shall constitute non-compliance
(a) Failure to complete the education requirement
within the compliance period;
(b) Failure to provide attestation of compliance or
exemption;
(c) Failure to provide satisfactory evidence of
compliance (including evidence of exempt
status) within the prescribed period;
(d) Failure to satisfy the education requirement
and furnish evidence of such compliance within
sixty (60) days from receipt of a noncompliance notice;
(e) Any other act or omission analogous to any of
the foregoing or intended to circumvent or
evade compliance with the MCLE requirements.
Sec. 2. Non-compliance notice and 60-day period
to attain compliance. A member failing to comply
will receive a Non-Compliance Notice stating the
specific deficiency and will be given sixty (60) days
from the date of notification to explain the
deficiency or otherwise show compliance with the
requirements. Such notice shall contain, among
other things, the following language in capital
letters:
YOUR FAILURE TO PROVIDE ADEQUATE
JUSTIFICATION FOR NON-COMPLIANCE OR
PROOF OF COMPLIANCE WITH THE MCLE
REQUIREMENT BY (INSERT DATE 60 DAYS
FROM THE DATE OF NOTICE), SHALL BE A
CAUSE FOR LISTING AS A DELINQUENT
MEMBER.
The Member may use this period to attain the
adequate number of credit hours for compliance.
Credit hours earned during this period may only be
counted toward compliance with the prior
compliance period requirement unless hours in
excess of the requirement are earned, in which
case, the excess hours may be counted toward
meeting
the
current
compliance
period
requirement.
RULE 13
CONSEQUENCES OF NON-COMPLIANCE
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4. Effectivity Date- This Circular shall take effect on
January 1, 1992.
September 4, 1991.
(Sgd.) MARCELO B. FERNAN
Chief Justice
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(g) soliciting, accepting, or agreeing to accept any
benefit in consideration of abstaining from,
discounting, or impeding the prosecution of a
criminal offender;
(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.
If any of the acts mentioned herein is penalized by
any other law with a higher penalty, the higher
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RA 6034 (1969)
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LEGAL ETHICS
transmitted to the Commissioner of the Budget not
later than November 30 each year for inclusion in
the annual General Appropriations Act. The
necessary sum is hereby authorized to be
appropriated out of the funds in the National
Treasury not otherwise appropriated.
Sec. 4. This Act shall take effect upon its approval.
Approved: August 4, 1969
RA 6035 (1969)
P.D. 543 (1974)
AN ACT REQUIRING STENOGRAPHERS TO
GIVE FREE TRANSCRIPT OF NOTES TO
INDIGENT AND LOW INCOME LITIGANTS AND
PROVIDING A PENALTY FOR THE VIOLATION
THEREOF.
Sec. 1. A stenographer who has attended a hearing
before an investigating fiscal or trial judge or
hearing commissioner of any quasi-judicial body or
administrative tribunal and has officially taken
notes of the proceeding thereof shall, upon written
request of an indigent or low income litigant, his
counsel or duly authorized representative in the
case concerned, give within a reasonable period to
be determined by the fiscal, judge, commissioner
or tribunal hearing the case, a free certified
transcript of notes take by him on the case.
Sec. 2. A litigant who desires to avail himself of the
privilege granted under Section one hereof shall, at
the investigation, hearing, or trial, establish his
status as an indigent or low income litigant and the
investigating fiscal or judge or commissioner or
tribunal hearing the case shall resolve the same in
the same proceeding.
For the purpose of this Act, an "indigent or low
income litigant" shall include anyone who has no
visible means of support or whose income does not
exceed P300 per month or whose income even in
excess of P300 per month is insufficient for the
subsistence of his family, which fact shall be
determined by the investigating fiscal or trial judge
or commissioner or tribunal hearing the case taking
into account the number of the members of his
family dependent upon him for subsistence.
Sec. 3. Any stenographer who, after due hearing in
accordance with the pertinent provisions of R.A.
2260, as amended, has been found to have
violated the provisions of Section one of this Act or
has unreasonable delayed the giving of a free
certified transcript of notes to an indigent or low
income litigant shall be subject to the following
disciplinary actions:
b. suspension from office for a period not
exceeding thirty (30) days upon finding of guilt
for the first time;
c. (b) suspension from office for not less than
thirty (30) days and not more than sixty (60)
days upon finding of guilt for the second time;
and
d. removal from office upon finding of guilt for the
third time.
Sec. 4. This Act shall apply to all indigent or low
income litigants who, at the time of its approval,
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AUTHORIZING
THE
DESIGNATION
OF
MUNICIPAL JUDGES AND LAWYERS IN ANY
BRANCH OF THE GOVERNMENT SERVICE TO
ACT AS COUNSEL DE OFICIO FOR THE
ACCUSED WHO ARE INDIGENT IN PLACES
WHERE
THERE
ARE
NO
AVAILABLE
PRACTICING ATTORNEYS
WHEREAS, under existing law, Municipal Judges
and other lawyers in the government service are
prohibited from practicing law;
WHEREAS, there are some places where there are
no available legal practitioners, as a result of which
the trial of cases in court is delayed to the
prejudice particularly of detention prisoners;
WHEREAS, for the protection of the rights of the
accused who cannot afford to hire lawyers from
other places and to prevent miscarriage of justice,
it is necessary that they be provided with counsel;
NOW, THEREFORE, I, FERDINAND E. MARCOS,
President of the Philippines, by virtue of the powers
in me vested by the Constitution as commander-inChief of the Armed Forces of the Philippines, and
pursuant to Proclamation No. 1081, dated
September 21, 1972, and General Order No. 1,
dated September 22, 1972, as amended, do hereby
order and decree as follows:
Sec. 1. Designation of Municipal Judges and
lawyers in any branch of the government service,
as counsel de oficio. In places where there are no
available practicing lawyers, the District Judge or
Circuit Criminal Court Judge shall designate a
municipal judge or a lawyer employed in any
branch, subdivision or instrumentality of the
government within the province, as counsel de
oficio for an indigent person who is facing a
criminal charge before his court, and the services
of such counsel de oficio shall be duly compensated
by the Government in accordance with Section
thirty-two, Rule One Hundred Thirty Eight of the
Rules of Court.
If the criminal case wherein the services of a
counsel de oficio are needed is pending before a
City or municipal court, the city or municipal judge
concerned shall immediately recommend to the
nearest District Judge the appointment of a counsel
de oficio, and the District Judge shall forthwith
appoint one in accordance with the preceding
paragraph.
For purposes of this Decree an indigent person is
anyone who has no visible means of support or
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LEGAL ETHICS
When a defendant appears in court solely
for the purpose of objecting to the
jurisdiction of the court over his person. The
aim is simply the dismissal of the case on the
ground of lack of jurisdiction. If the
defendant
seeks
other
reliefs,
the
appearance, even if qualified by the word
special,
is
equivalent
to
a
general
appearance.
ATTORNEY AD HOC
A person named appointed by the court to
defend an absentee defendant in the suit in which
the appointment is made.
GLOSSARY OF TERMS
ATTORNEY-AT-LAW
That class of persons who are licensed
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.
ADMONITION
A form of disciplinary measure which
consists of a gentle or friendly reproof, mild
rebuke, warning or reminder, counseling, on a
fault, error or oversight; an expression of
authoritative advice.
ATTORNEY IN FACT
He is simply an agent whose authority is
strictly limited by the instrument appointing him.
His authority is provided in a special power of
attorney or general power of attorney or letter of
attorney. He is not necessarily a lawyer.
AMBULANCE CHASER
A lawyer who haunts hospitals and visits
the homes of the afflicted, officiously intruding their
presence and persistently offering his service on
the basis of a contingent.
ATTORNEY OF RECORD
The attorney whose name is entered in the
records of an action or suit as the lawyer of a
designated party thereto. (1999 BAR EXAMS)
AMBULANCE CHASING
A lawyers act of chasing the victims of an
accident for the purpose of talking to the same
victim or the latters relatives and offering his legal
services for the filing of the case against the person
who caused the accident. (1993 BAR EXAMS)
AMICUS CURIAE
(Plural: Amici Curiae)
An experienced and impartial attorney
invited by the court to appear and help in the
disposition of the issues submitted to it. It implies
friendly intervention of counsel to call the attention
of the court to some matters of law or fact which
might otherwise escape its notice and in regard to
which it might go wrong.
An amicus curiae appears in court not to
represent any particular party but only to assist the
court. (1993, 1996, 1998 BAR EXAMS)
AMICUS CURIAE PAR EXCELLENCE
Bar associations who appear in court as
amici curiae or friends of the court. Acts merely as
a consultant to guide the court in a doubtful
question or issue pending before it.
APPEARANCE
The coming into court as a party either as a
plaintiff or as a defendant and asking relief
therefrom.
a) GENERAL APPEARANCE
When the party comes to court either as a
plaintiff or as a defendant and seeks general
reliefs from the court for satisfaction of his
claims or counterclaims respectively.
b) SPECIAL APPEARANCE
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ATTORNEYS FEES
a) Ordinary: an attorneys fee is the
reasonable compensation paid to a lawyer
for the legal services he has rendered to
client. Basis is employment by client
b) Extraordinary: an attorneys fee is an
indemnity for damages ordered by court to
be paid by losing party to the prevailing
party in litigation; payable not to lawyer
but to the client, unless otherwise agreed
upon; also known as attorneys fee as
damages
BAR AND BENCH
Bar refers to the whole body of attorneys
and counselors collectively, the members of the
legal profession.
Bench denotes the whole body of judges.
BAR ASSOCIATION
An association of members of the legal
profession like the IBP where membership is
integrated or compulsory.
BARRATRY
Offense of frequently inciting and stirring
up quarrels and suits. The lawyers acts of
fomenting suits among individuals and offering
legal services to one of them. (1993 BAR EXAMS)
CENSURE
Official reprimand
CHAMPERTOUS CONTRACT
One where the lawyer agrees to conduct
the litigation on his own account and to pay the
expenses thereof, and to receive as his fee a
portion of the proceeds of the judgment. It is
contrary to public policy and invalid because it
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LEGAL ETHICS
violates the fiduciary relationship between the
lawyer and his client. (Bautista vs. Gonzales, 182
SCRA 151, 1990) (1990, 2000 BAR EXAMS)
CHAMPERTY
A bargain by a stranger (the lawyer) with
a party to a suit (the client) by which such third
person undertakes to carry on the litigation at his
own expense and risk, in consideration of receiving,
if successful, a part of the proceeds or subject
sought to be recovered.
CHARGING LIEN
It is an equitable right to have the fees and
lawful disbursements due a lawyer for his services
in a suit secured to him out of the judgment for the
payment of money and execution issued in
pursuance thereof in the particular suit. (1994
BAR EXAMS)
CLIENT
One who engages the services of a lawyer
for legal advice or for purposes of prosecuting or
defending a suit in his behalf and usually for a fee.
COMPETENCE
Sufficiency of lawyers qualifications to deal
with the matter in question and includes knowledge
and skill and the ability to use them effectively in
the interest of the client.
CONFIDENTIAL COMMUNICATION
Refers to information transmitted by
voluntary act of disclosure between attorney and
client in confidence and by means which so far as
the client is aware, discloses the information to no
third person other than one reasonably necessary
for the transmission of the information or the
accomplishment of the purpose for which it was
given.
CONTINGENT FEE
Fee that is conditioned on the securing of a
favorable judgment and recovery of money or
property and the amount of which may be on a
percentage basis
CONTINGENT FEE CONTRACT
It is an agreement in which the lawyers
fee, usually a fixed percentage of what may be
recovered in the action, is made to depend upon
the success in the effort to enforce or defend the
clients right. It is a valid agreement. It is different
from a champertous contract in that the lawyer
does not undertake to shoulder the expenses of the
litigation. (1990, 2000, 2002 BAR EXAMS)
COUNSEL/ATTORNEY DE OFICIO
An attorney appointed by the court to
defend an indigent defendant in a criminal action.
In a criminal action, if the defendant
appears without an attorney, he must be informed
by the court that it is his right to have an attorney
before being arraigned and must be asked if he
desires the aid of an attorney. If he desires and is
unable to employ an attorney, the court must
assign a counsel de oficio to defend him. He is also
designated as counsel of indigent litigants. The
appointment of a counsel de oficio in that instance
is a matter of right on the part of the defendant.
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LEGAL ETHICS
considered as a manifestation of moral turpitude.
The act or conduct showing moral turpitude 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.
GOOD REPUTATION
It is the opinion generally entertained of a
person, the estimate in which he is held by the
public in the place where he is known (subjective).
GROSS IMMORALITY
A grossly immoral act is one that is so
corrupt and false as to constitute a criminal act or
so unprincipled
or disgraceful as
to be
reprehensible to a high degree.
HOUSE COUNSEL (or IN-HOUSE COUNSEL)
One who acts as attorney for business
though carried as an employee of that business and
not as an independent lawyer
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.
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.
c) CIVIL CONTEMPT
Failure to do something ordered by
the court which is for the benefit of the
party.
d) CRIMINAL CONTEMPT
Consists of any conduct directed
against the authority or dignity of the
court.
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MORAL CHARACTER
It is what a person really is (corresponds to
objective reality). It exhibits qualities of truthspeaking, a high sense of honor, full candor,
intellectual honesty, and the strictest observance of
fiduciary responsibility (Justice Felix Frankfurter)
MORAL TURPITUDE
It means anything which is done contrary
to justice, honesty, modesty or good morals, or to
any act of vileness, baseness or depravity in the
private and social duties that a man owes his
fellowmen or to society, contrary to the accepted
rule of right and duty between man and man.
NOTARY and NOTARY PUBLIC
Refer to any person commissioned to
perform official acts under these Rules. (2004
Rules on Notarial Practice)
OF COUNSEL
An experienced lawyer, usually a retired
member of the judiciary, employed by law firms as
consultants. (supplemented by San Beda Reviewer
2006)
PLEA OF GUILTY
An admission by the accused of his guilt of
a crime as charged in the information and of the
truth of the facts alleged, including the qualifying
and aggravating circumstances.
PRACTICE OF LAW
Any activity, in or out of court, which
requires the application of law, legal procedures,
knowledge, training and experience.
(Ulep v
Legal Clinic, Inc (1993)
PRACTICING LAWYER
One engaged in the practice of law who by
license are officers of the court and who are
empowered to appear, prosecute and defend a
clients cause.
PRO SE
An appearance by a lawyer in his own
behalf. (1995 BAR EXAMS)
QUANTUM MERUIT (as much as he deserves)
Its essential requisite is acceptance of the benefits
by one sought to be charged for services rendered
under circumstances as reasonably to notify him
that lawyer expects compensation.
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Doctrine of quantum meruit is a device to
prevent undue enrichment based on the equitable
postulate that it is unjust for a person to retain
benefit without paying for it.
REINSTATEMENT
It is the restoration in disbarment
proceedings to a disbarred lawyer the privilege to
practice law.
REPRIMAND
A form of disciplinary measure which
consists of 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.
TRIAL LAWYER
One who personally handles cases in courts
and administrative agencies of boards which means
engaging in actual trial work, either for the
prosecution or for the defense of cases of clients.
(supplemented by San Beda Reviewer 2006)
WARNING
A form of disciplinary measure which
consists of an act or fact of putting one on his
guard against
an impending danger, evil
consequences or penalties.
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