Practice Court 2 (2019-2020)

From the lectures of Judge Maria Eliosa Maglana

pay the pay the

expenses of the expenses of the
litigation. litigation.
LAWYER’S OATH
Bale ang lawyer
cya na ang
bahala sa lahat.
I, do solemnly swear that I will maintain Is not Is void.
allegiance to the Republic of the Philippines, I will prohibited.
support the Constitution and obey the laws as well as
the legal orders of the duly constituted authorities
therein; I will do no falsehood, nor consent to the doing RETAINING LIEN AND CHARGING LIEN
of any in court; I will not wittingly or willingly promote
or sue any groundless, false or unlawful suit, or give aid
nor consent to the same; I will delay no man for money RETAININ CHARGIN
or malice, and will conduct myself as a lawyer according G LIEN G LIEN
to the best of my knowledge and discretion, with all good NATURE It’s a passive It’s active. It
fidelity as well to the courts as to my clients; and I impose lien. It cannot can be
upon myself these voluntary obligations without any be actively enforced in
enforced. the
mental reservation or purpose of evasion. So help me execution.
God. You can ask
the court. It’s
CHAMPERTUOUS CONTRACT AND
a special lien.
CONTINGENT FEE
BASIS There is a To secure a
lawful favorable
Contingent Fee- An agreement in writing by which the possession of money
fees, usually a fixed percentage of what may be funds, judgment for
property, the client.
recovered in the action, are made to depend upon the
documents or
success in the effort to enforce or defend a supposed
papers There is a
right. belonging to court
“Depending on what may be recovered” – For example, the the client. involved
here.
usual contingent contract is, 20% of the amt
COVERAGE Covers funds, There is
recoverable.
papers, judgement.
Champertuous Contract – The lawyer does not property, So it covers
undertake to shoulder the expenses of the litigation. document in ALL
the lawful judgment for
Q: What is the difference between a champertuous possession. the payment
contract and a contingent contract? of money and
NOTE: It’s execution
Contingent Champertuous lawful issued by the
Fee Contract possession of court.
Attorney’s Fee The fee is The fee is the lawyer by
payable in cash. payable in reason of the
kind. lawyer-client
Lawyers do not Lawyers relationship.
undertake to undertake to

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©Eliza Den A. Devilleres 4-Manresa
 Practice Court 2 (2019-2020)
From the lectures of Judge Maria Eliosa Maglana

EFFECTIVITY The lawyer As soon as are times na the whole ENGAGEMENT FEE –
gets there is claim APPEARANCE FEE every time the lawyer appears in
possession of for atty’s fees any body or court, judicial or administrative agencies.
the FPD by entered in
reason of the records of
their lawyer- the case.
client As long as
relationship you entered MODE OF PAYMENT
anytime. the record of
the case, your
claim, you
There are times when the client can pay atty’s fees by
can charge
cash, by check, by property. In the past, most of the
the fees. If
not, then you lawyers, esp. when the case involved in property,
cannot included in the engagement contract between the
recover lawyer and the client is the payment of property. So if
anything. the client can recover 2 ha, the client signs an
WHEN YOU The client The client agreement wherein he gives a portion of the property to
GIVE NOTICE need not be and the the lawyer. Many times in the past that is the mode esp.
notified to adverse party when the client has no money to pay the lawyer. So
make it has to be most of the time it’s property. But this time, even if it’s
effective, notified to not paid in cash but in credit. Sometimes it’s credit or
because in the make it other items in kind. Like I mentioned to you,
1st place, the effective. sometimes the gift by the client, he gives the title already
FPD are in Remember,
in the name of the lawyer. I know of one, the cousin
the it’s through
gives a title already in the name of the lawyer as payment
possession of court process.
of legal services. If I say in kind, the PAO lawyers as gifts
the lawyer.
APPLICABILIT May be Exercisable they are given atty’s fish, atty’s pig, atty’s camote – I
Y exercised only when received that before. Others would give jewelries. That
before atty had is all acceptable.
judgment or already
One important thing: Compensation when you are
execution secured a
regardless of judgment in counsel de officio. The counsel SHOULD NOT
the court court. That demand any atty’s fee w/n there is progress or if he wins
process. is, a favorable the case or not. He may however collect from gov’t
judgment. funds. In the case of PAO, they are already paid. In the
case of public prosecutor, they are already paid by their
salaries. In the case of lawyers under the legal aid
I’ve already mentioned to you about ACCEPTANCE program of the IBP, there is a budget to that by the IPB
FEE. Now we go to APPEARANCE FEE. By the term by chapter and even national. So the indigent clients
itself, APPEARANCE FEE, every time that the lawyer need not think of paying the lawyer. However, if you
appears in court or appears in any judicial or quasi- are counsel de parte, you are entitled to at least quantum
judicial or offices wherein they agreed that the lawyer meruit as to what you have agreed or whatever is in your
gives service to the client, he/she can charge contract; based on your contract. You can even file a
APPEARANCE FEE. case to collect. You can file for a collection of sum
There are times when APPEARANCE FEE is already money. Your basis is the lawyer-client engagement
part of the whole contract. There are times na contract.
ENGAGEMENT FEE + APPEARANCE FEE. There

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 Practice Court 2 (2019-2020)
From the lectures of Judge Maria Eliosa Maglana
CANON 21 - A LAWYER SHALL PRESERVE
THE CONFIDENCE AND SECRETS OF HIS
CLIENT EVEN AFTER THE ATTORNEY-
CLIENT RELATION IS TERMINATED.
Rule 21.01 - A lawyer shall not reveal the
confidences or secrets of his client except;
(a) When authorized by the client after acquainting
him of the consequences of the disclosure;
(b) When required by law;
(c) When necessary to collect his fees or to defend
himself, his employees or associates or by judicial
action.
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 own
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 clients.
Rule 21.06 - A lawyer shall avoid indiscreet
conversation about a client's affairs even with
members of his family.
Rule 21.07 - A lawyer shall not reveal that he has
been consulted about a particular case except to
avoid possible conflict of interest.
What is important here is about the PRESERVATION
OF CLIENT’S CONFIDENCE. Even if the lawyer-
client relationship has already been terminated, the
preservation of the confidence esp. the secrets of the
client has to remain a secret. I gave you already the
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exceptions, like under Rule 130, Section 24 (b), Rules
of Court, regarding privilege communication. There
are some exceptions.
Section 24. Disqualification by reason of privileged
communication. — The following persons cannot
testify as to matters learned in confidence in the
following cases:
(b) 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, or with a view to, professional
employment, nor can an attorney's secretary,
stenographer, or clerk be examined, without the
consent of the client and his employer, concerning
any fact the knowledge of which has been acquired
in such capacity;
Another is, you can be charged with BETRAYAL OF
TRUST under Article 209 of the Revised Penal Code.
ARTICLE 209. Betrayal of Trust by an Attorney or
Solicitor — Revelation of Secrets. — In addition to
the proper administrative action, the penalty of
prisión correccional in its minimum period, or a
fine ranging from 200 to 1,000 pesos, or both, shall
be imposed upon any attorney-at-law or solicitor
(procurador judicial) who, by any malicious breach
of professional duty or inexcusable negligence or
ignorance, shall prejudice his client, or reveal any
of the secrets of the latter learned by him in his
professional capacity.
The same penalty shall be imposed upon an
attorney-at-law or solicitor (procurador judicial)
who, having undertaken the defense of a client or
having received confidential information from said
client in a case, shall undertake the defense of the
opposing party in the same case, without the
consent of his first client.
Q: What is your duty to preserve client’s confidence?
The duty to keep that confidence/secret is perpetual.
This confidentiality applies also to prospective clients
and not only to those whom you have been with
contract with.
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 Practice Court 2 (2019-2020)
From the lectures of Judge Maria Eliosa Maglana
Example: A client comes to you (prospective only) and
he asks for advice, nothing more. Confidential
information should be preserved. It should not be
divulged.
I mentioned to you last time the exceptions. I
mentioned also that is mentioned in Rule 21.01 the
exceptions to the Rule of revealing the confidential
secret of the client.
THE EXCEPTIONS ARE AS FOLLOWS:
(a) When authorized by the client after acquainting
him of the consequences of the disclosure;
(b) When required by law;
(c) When necessary to collect his fees or to defend
himself, his employees or associates or by judicial
action.
What is important is when it is required by law
(exception # 2). For example, for committing a crime
you are being subpoenaed. Also about Bank Secrecy
Law, the exception is when there is a court order for
you to divulge information.
CANON 22 - A LAWYER SHALL WITHDRAW
HIS SERVICES ONLY FOR GOOD CAUSE
AND UPON NOTICE APPROPRIATE IN THE
CIRCUMSTANCES.
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;
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(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.
Rule 22.02 - A lawyer who withdraws or is discharged
shall, subject to a retainer lien, immediately turn
over all papers and property to which the client is
entitled, and shall cooperative with his successor in
the orderly transfer of the matter, including all
information necessary for the proper handling of the
matter.
Finally, we have Canon 22. A lawyer shall only
withdraw his services for 2 things:
a.) For good cause; and
b.) Appropriate notice
FOR GOOD CAUSE: There is good or
appropriate cause. There is a valid ground.
For Example:
1.) Conflict of interest.
2.) If there is disagreement between you and
the client with the way to proceed with
the case.
3.) You want to study or to dig deeper as to
the truth or as to the evidence of the case
and you want the client to from the
arraignment, not yet to enter into a plea
of guilt but to express a plea of not guilty
because you are to explore still
possibilities to afford all Constitutional
rights to your client or to protect your
client’s interest. However, if your client is
not cooperative, you can tell that to the
court and file a withdrawal provided you
explain to the client and he signs in
conformity. Definitely, your motion to
withdraw as counsel will be granted by the
court (WITHDRAWAL OF
SERVICES).
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 Practice Court 2 (2019-2020)
From the lectures of Judge Maria Eliosa Maglana

Other than that in 22.01, it mentions cases • Another is DECLARATION OF

wherein there is termination of lawyer-client PRESUMTIVE DEATH: For
relationship. whatever reason not related to your
case or engagement, of the lawyer is
Rule 22.01 - A lawyer may withdraw his presumed dead, then there is that
services in any of the following case:
termination of lawyer-client
relationship.
(a) When the client pursues an illegal or
immoral course of conduct in connection
with the matter he is handling; • CONVICTION OF A CRIME
AND IMPRISONMENT OF THE
(b) When the client insists that the lawyer LAWYER: Naturally because he is
pursue conduct violative of these canons convicted and he has to serve prison
and rules; terms, then lawyer-client relationship
is terminated.
(c) When his inability to work with co-
counsel will not promote the best interest • DISCHARGE OR DISMISSAL OF
of the client;
LAWYER: Since the lawyer-client
relationship is based on trust and
(d) When the mental or physical
condition of the lawyer renders it difficult confidence, if the client has already
for him to carry out the employment lost his trust and confidence in the
effectively; lawyer, and he dismissed and
discharged the lawyer, that is already
(e) When the client deliberately fails to considered termination of lawyer-
pay the fees for the services or fails to client relationship.
comply with the retainer agreement;
• DEATH OF A CLIENT: Unless the
(f) When the lawyer is elected or family continues with the
appointed to public office; and relationship, provided that there is
substitution. For example, in a civil
(g) Other similar cases.
case, there is substitution. In a
criminal case, if the accused dies,
wala nang kaso. The accused already
Discussion: convicted his own self, as they say.

• Naturally, if the lawyer is • APPOINTMENT/ELECTION OF

DISBARRED or SUSPENDED: A LAWYER TO A GOV’T
You cannot anymore avail of his OFFICE: Prohibits the lawyer from
services. Lawyers who are suspended private practice.
cannot appear in court for a period
of time in which he/she is • FULL TERMINATION OF THE
suspended. That’s why CASE: When the case is over, the
automatically, you can terminate the lawyer-client relationship is
lawyer-client relationship. So you as terminated. Unless the lawyer or the
the lawyer or the client can terminate client agrees to continue with other
the service. legal services – that is another
contract.

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 Practice Court 2 (2019-2020)
From the lectures of Judge Maria Eliosa Maglana
• INTERVENEING INCAPACITY
OR INCOMPETENCE OF THE
CLIENT OR LAWYER DURING
THE PENDENCY OF THE CASE:
The lawyer got sick or terminally ill
during the pendency of the case and
vice-versa. I knew of one case
wherein the lawyer became crazy. He
suffered from a schizophrenic attack.
So that is one reason for termination
of lawyer-client relationship.
MONTANO v. IBP
(2001)
Although a lawyer may withdraw his services when
the client deliberately fails to pay the fees for the
services, the general rule is that failure to pay is not
a reason to terminate lawyer-client relationship
unless there is deliberate intention on the client not
to pay atty’s fees. But it should not be the only
reason. Like in the lawyer’s oath, you should not delay
a client’s cause for money or malice. That is very clear.
So the general rule is, the client can terminate the
relationship at any time with or without just cause.
On the part of the lawyer, the cannot terminate the
lawyer-client relationship without any cause. There
must be a valid cause.
From the FT of the case: Under Canon 22 of the
Code of Professional Responsibility, lawyer shall
withdraw his services only for good cause and upon
notice appropriate in the circumstances. Although
he may withdraw his services when the client
deliberately fails to pay the fees for the services, 11
under the circumstances of the present case, Atty.
Dealcas withdrawal was unjustified as complainant
did not deliberately fail to pay him the attorneys fees.
In fact, complainant exerted honest efforts to fulfill
his obligation. Respondents contemptuous conduct
does not speak well of a member of the bar
considering that the amount owing to him was only
P3,500.00. Rule 20.4 of Canon 20, mandates that a
lawyer shall avoid controversies with clients
concerning his compensation and shall resort to
judicial action only to prevent imposition, injustice
or fraud. Sadly, for not so large a sum owed to him
by complainant, respondent lawyer failed to act in
accordance with the demands of the Code.
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DISCIPLINE OF LAWYERS
This is found in the ROC.
1.) The 1st can be found in Rule 138, Section 27:
Section 27. Attorneys removed or
suspended by Supreme Court on what
grounds. — A member of the bar may be
removed or suspended from his office as
attorney by the Supreme Court for any
deceit, malpractice, or other gross
misconduct in such office, grossly
immoral conduct, or by reason of his
conviction of a crime involving moral
turpitude, or for any violation of the oath
which he is required to take before the
admission to practice, or for a wilfull
disobedience of any lawful order of a
superior court, or for corruptly or willful
appearing as an attorney for a party to a
case without authority so to do. The
practice of soliciting cases at law for the
purpose of gain, either personally or
through paid agents or brokers,
constitutes malpractice.
REMEMBER: Very important if you violate
your lawyer’s oath, you can be in for
disbarment or suspension.
Corruptly or willful appearing as an attorney
for a party to a case without authority so to
do – this means usurpation.
2.) Article 1491 of the New Civil Code –
ACQUISITION OF AN INTEREST OF
PROPERTIES INVOLVED IN
LITIGATION
Article 1491. The following persons
cannot acquire by purchase, even at a
public or judicial auction, either in person
or through the mediation of another:
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 Practice Court 2 (2019-2020)
From the lectures of Judge Maria Eliosa Maglana
(5) Justices, judges, prosecuting attorneys,
clerks of superior and inferior courts, and
other officers and employees connected
with the administration of justice, the
property and rights in litigation or levied
upon an execution before the court
within whose jurisdiction or territory they
exercise their respective functions; this
prohibition includes the act of acquiring
by assignment and shall apply to lawyers,
with respect to the property and rights
which may be the object of any litigation
in which they may take part by virtue of
their profession;
I’ve mentioned this last time that properties
involved in litigation wherein you are the
lawyer, you cannot buy that property.
3.) Article 209 of the Revised Penal Code –
BREACH OF PROFESSIONAL DUTY
Art. 209. Betrayal of trust by an attorney
or solicitor. — Revelation of secrets. — In
addition to the proper administrative
action, the penalty of prision correccional
in its minimum period, or a fine ranging
from 200 to 1,000 pesos, or both, shall be
imposed upon any attorney-at-law or
solicitor ( procurador judicial) who, by
any malicious breach of professional duty
or of inexcusable negligence or ignorance,
shall prejudice his client, or reveal any of
the secrets of the latter learned by him in
his professional capacity.chanrobles
virtual law library
The same penalty shall be imposed upon
an attorney-at-law or solicitor (procurador
judicial) who, having undertaken the
defense of a client or having received
confidential information from said client
in a case, shall undertake the defense of
the opposing party in the same case,
without the consent of his first client.
CLUE: If you memorize the lawyer’s oath,
you can play with all the words there and you
can make it as a ground or basis, and you can
©Eliza Den A. Devilleres 4-Manresa
hit any bar question. Be sure that you
memorize the lawyer’s oath because there are
a lot of possibilities that you can answer any
question just by the lawyer’s oath.
Read through Canon 1-22 and you can relate
in anything with the lawyer’s oath; including
the discipline of lawyer’s. Why? Because if you
violate the lawyer’s oath, you can be
suspended or disbarred depending on the
gravity.
SUSPENSION AND DISBARMENT OF
LAWYERS HOLDING GOVERNMENT
OFFICES
General Rule: They may not be disciplined as members
of the bar for misconduct in the discharge of their duty
as gov’t official. But if their misconduct as gov’t official
is of such a character as to affect qualification as a
lawyer or to show moral delinquency – so may moral
issue na nakakabit – he may be disciplined as member
of the bar.
Example: If you are a lawyer under the SC, directly they
cannot file a case before you for example, graft and
corruption. They cannot file a case against you before
the Office of the Ombudsman. It’s the Supreme Court
who has the ultimate responsibility to discipline you. So
for lawyers under the supervision of the SC, the
complaint has to be filed before the SC. If it involves a
criminal case, file it with the SC 1st then later you file
the criminal case. 1st it is the SC who has to discipline.
Later the SC recommends the filing of the criminal
case if there be any.
REMEMBER:
For lawyers under the judiciary, the disciplining
authority 1st is under the Supreme Court.
VENUES FOR DISBARMENT PROCEEDINGS
OF LAWYERS
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 Practice Court 2 (2019-2020)
From the lectures of Judge Maria Eliosa Maglana

Officers authorized to investigate disbarment cases: Don’t forget, the power to discipline lawyers is lodged
with the is under the SC (Rule 138, Section 27 of the
1.) The Supreme Court – can take cognizance of
Rules of Court):
the petition to disbar directly
2.) The IBP through its Commission on Bar Section 27. Attorneys removed or suspended by
Discipline; Supreme Court on what grounds. — A member of
3.) The Office of the Solicitor General – can take the bar may be removed or suspended from his
cognizance of the petition to disbar a lawyer office as attorney by the Supreme Court for any
deceit, malpractice, or other gross misconduct in
Discussion: such office, grossly immoral conduct, or by reason
of his conviction of a crime involving moral
The Office of the Solicitor General can take cognizance
turpitude, or for any violation of the oath which
of the petition to disbar a lawyer. The Supreme Court he is required to take before the admission to
can take cognizance of the petition to disbar directly. practice, or for a wilfull disobedience of any lawful
Normally, when the IBP takes cognizance of the case, order of a superior court, or for corruptly or
the IBP receives it, allows the parties (the complainant willful appearing as an attorney for a party to a case
and the respondent lawyer) to answer, to submit without authority so to do. The practice of
pleadings and supporting documents. Then the IBP soliciting cases at law for the purpose of gain,
Committee on Bar Discipline will appoint investigators either personally or through paid agents or
and submit their recommendations to the SC. brokers, constitutes malpractice.
Ultimately the SC is the one who decides of whether to
disbar or not or just suspension. Generally, or most
Read also Article 8 of the 1987 Constitution regarding
often, whatever is the decision/recommendation of the
the powers of the SC.
IBP Commission on Bar Discipline is the one adopted
by the SC through the Office of the Court Section 6. The Supreme Court shall have
Administrator. administrative supervision over all courts and the
personnel thereof.
If the lawyer to be disciplined is under the judiciary,
automatically the investigation would be under the
Office of the Court Administrator (OCA). You know So the disciplinary measures are:
who is our Court Administrator? Atty. Midas Marquez.
Now he’s not anymore gwapo. Matanda na. 1.) There are times when it’s warning;
2.) Admonition;
What I want you to remember is that disbarment 3.) Reprimand;
proceeding is CONFIDENTIAL. So if you’re a lawyer, 4.) Suspension;
be assured that it should not be made in public. So 5.) Censure;
hindi ka ipapahiya. That is one thing to maintain the 6.) Disbarment;
respect of a lawyer of the legal profession. The 7.) Probation – if you are convicted.
proceeding is confidential, especially if it is with the SC
for judiciary lawyers, court attorneys and judges. There Q: What is the difference between censure and
are times wherein it will be the SC who will appoint a reprimand?
justice or a judge to investigate to lead an investigation,
REPRIMAND CENSURE
to receive evidences for or against the lawyer or the
judge who will be disciplined. Whatever is the
Can be by paper, It’s formal, public and
recommendation of the judge appointed by the SC or
document or by official.
the justice appointed by the SC, that is usually adopted phone.
by the SC or the OCA. Pagalitan ka in open
PDP court. It’s a penalty.
The infraction of the

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 Practice Court 2 (2019-2020)
From the lectures of Judge Maria Eliosa Maglana
law here is very light
that he is meted only
a penalty of censure.
Other sanctions and remedies include:
1.) Restitution
2.) Assessment of cost
3.) Limitation on practice – pero ang iba
pabayarin lng. So ipapaassess, babayaran mo.
4.) Appointment of reciever
5.) The lawyer takes the bar exam or professional
responsibility examination
6.) Attend MCLE
7.) Other requirements that the SC or
disciplining authority deems consistent with
the purpose of the sanction.
Q: Will there be mitigating circumstances that will be
considered by the SC to lower the penalty?
There are.
1.) No prior disciplinary record. So parang
probation – no prior conviction, no prior
complaint against you, absence of selfish or
dishonest motives, plain/honest mistake or
you are involved in psychological or emotional
upheaval in your personal life. That can be
reason to mitigate.
2.) Effort to make restitution or rectify to ask
forgiveness – although most of the time the
SC ignores this because ignorance of the law
excuses no one.
3.) Delay in the disciplinary proceedings
4.) Physical or mental disability of the lawyer
5.) Character or reputation – if the lawyer has a
very good character/reputation, that can
mitigate.
6.) Good faith
7.) Remorse
8.) Error in judgment
9.) Honest and efficient service by the lawyer
10.) Clean professional record – especially if you
are practicing other profession.
11.) Old age – you will be forgiven nlng by the SC.
An advantage of being a senior citizen. But if
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you’re young, free and single, the more that
the SC will be very strict. Remember when you
become lawyers, bata pa kayo lahat,
magpapakabait kayo.
READMISSION
In case there is disbarment and you are being
readmitted.
MAIN PURPOSE: To determine w/n the applicant
has satisfied and convinced the court by positive
evidence that the effort that he has made toward the
rehabilitation of his character has been successful.
You have to show to the court that you are fully
rehabilitated. Parang nasira ka talaga. Imagine nasira
yung buong pagkatao mo by moral degradation. You
have committed a crime involving moral turpitude.
Example:
Gross ignorance of the law so fatal and so blatant that
you have affected a lot of people. You have affected
many clients or one client that has been greatly affected.
You show positive evidence to the court that you are
able to restore relationship. There is restitution. There
is reparation.
REMEMBER the 3 R’s in the readmission to the
BAR:
1.) Restitution;
2.) Restoration;
3.) Reparation
Whatever has been destroyed, you have repaired.
Whatever has been missed, lost, you have restituted or
restored. So 3 r’s remember. You can play with those
words. There must be proof of these 3. I repeat, Article
8, Section 5 of the Constitution: The Supreme Court
has the power to discipline, to admit, and this includes
readmission. (It’s Section 20 following the codal).
Section 11. The Members of the Supreme Court
and judges of lower courts shall hold office during
good behavior until they reach the age of seventy
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 Practice Court 2 (2019-2020)
From the lectures of Judge Maria Eliosa Maglana
years or become incapacitated to discharge the
duties of their office. The Supreme Court en banc
shall have the power to discipline judges of lower
courts, or order their dismissal by a vote of a
majority of the Members who actually took part in
the deliberations on the issues in the case and
voted thereon.
IN THE ORDER OF REINSTATEMENT, THE
FOLLOWING MUST BE TAKEN INTO
CONSIDERATION:
1.) Applicant’s character and standing prior to
disbarment
2.) Nature and character of misconduct for
which he was disbarred
3.) Conduct subsequent to disbarment – Your
conduct before, during and after
4.) Efficient gov’t service – If you are in the gov’t
5.) Time elapsed between disbarment and
application for reinstatement—For example
within 1 year you cannot ask the court. Di pa
naghihilom ang sugat nyan. Even the person
na nabiktima mo nagsuffer as a consequence
of whatever you have committed for which
reason you are disbarred, within a year
masakit pa yan; galit pa yan sayo. In fact sa
proceeding, the complainant will be asked to
comment if he/she has forgiven the lawyer
who was disbarred.
6.) There must be a favorable indorsement by
the IBP, local gov’t officials and citizens of
your community especially if your loved ones
plead for it – if you cannot get these favorable
recommendations, then forget about being
readmitted. Forget about being restored as to
your previous status as being lawyer. So why
plea of the family? It’s basic. If your family
hates you, if your family has not forgiven you,
what can you expect from others not related
to you?
©Eliza Den A. Devilleres 4-Manresa
Q: Lawyers who have been suspended, how are they
restored? If you are suspended for 3 mos or 5 mos?
Upon receipt of the notice of suspension starts the
reckoning period.
Side comment of Judge: All courts of this country has a copy
of this disbarment or suspension circular. The OCA is
obligated to inform/give notice to all courts. Even court
employees will know that you are suspended or disbarred.
What’s the reason? Because when you are disbarred, you
cannot appear in court. During the period of your suspension,
you cannot appear in court. You cannot even file a pleading.
If you violate and you file a pleading, you will be in for another
disciplinary action. That means that you disobey the order of
the SC because it is a court order that you are suspended or
that you are being disciplined.
If you are suspended from the practice of law or you are
suspended from notarial practice, say for 6 mos, the
reckoning period is from the time that you received
copy of the notice of suspension or from the time the
OCA has made public has made your suspension
whichever is later. From that you count 6 months.
It is not automatic that after 6 mos. you are
automatically restored and then you can already appear 2 THINGS:
in court. Now there is a rule, a circular by the SC that 1.) Ask
CLEARANCE from
you still have to ask CLEARANCE from the SC.
the SC; and
Parang maghihingi ka pa ng nod/approval ng SC before
2.) Ask
you can go back to your practice – notarial or private.
AUTHORITY from
YOU STILL HAVE TO ASK AUTHORITY FROM the executive
THE SC. In the case of notarial practice, you still have judge for the
to ask authority from the executive judge that you can restoration of your
notarize again. Remember if you notarize a document, notarial
during the time that you’re suspended, that commission.
notarization is void because in the 1st place, you have
no authority; you have no notarial commission.
EFFECTS OF REINSTATEMENT
You are being recognized that you are morally
rehabilitated. you have mental fitness to practice law.
Now that you are reinstated, you are subject to the same
laws, rules and regulations applicable to any other
lawyer that you must comply with the conditions
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imposed on your readmission. There are conditions
given by the SC.
Example:
Condition not commit the same mistake again. That is
very common.
RULE 137
DISQUALIFICATION OF JUDICIAL
OFFICERS
Section 1. Disqualification of judges. — No judge
or judicial officer shall sit in any case in which he,
or his wife or child, is pecuniarily interested as
heir, legatee, creditor or otherwise, or in which he
is related to either party within the sixth degree of
consanguinity or affinity, or to counsel within the
fourth degree, computed according to the rules of
the civil law, or in which he has been executor,
administrator, guardian, trustee or counsel, or in
which he has been presided in any inferior court
when his ruling or decision is the subject of review,
without the written consent of all parties in
interest, signed by them and entered upon the
record.
A judge may, in the exercise of his sound
discretion, disqualify himself from sitting in a case,
for just or valid reasons other than those
mentioned above.
Section 2. Objection that judge disqualified, how
made and effect. — If it be claimed that an official
is disqualified from sitting as above provided, the
party objecting to his competency may, in writing,
file with the official his objection, stating the
grounds therefor, and the official shall thereupon
proceed with the trial, or withdraw therefrom, in
accordance with his determination of the question
of his disqualification. His decision shall be
forthwith made in writing and filed with the other
papers in the case, but no appeal or stay shall be
allowed from, or by reason of, his decision in favor
of his own competency, until after final judgment
in the case.
So the MANNER of rendering the decision was also emphasized by the Court here.
©Eliza Den A. Devilleres 4-Manresa
The lawyer can file a MOTION FOR THE
INHIBITION OF JUDGES. It’s either the lawyer or
the party litigant can demand the judge will inhibit or
the judge by reason of Rule 137, Section 1, the judge
voluntarily inhibits himself/herself from taking
cognizance of the case.
Another is out of delicadeza. Ang nagaklagay sa Rule
137 ay family.
Q: What is the meaning of family?
Spouse, son daughter, son-in-law, daughter-in-law or
any other relative by consanguinity or affinity within
the 6th civil degree or person who is a companion or
employee of the judge who lives in the judge’s
household.
In delicadeza, the judge in his/her discretion determines
his/her independence is at stake, then the judge shall
voluntarily inhibit. Also, if the parties lose their trust
and confidence to the judge to continue their case even
if there is no valid ground to support with, then they
can ask the judge to inhibit. Sometimes the parties,
when they ask the judge to inhibit with the case, even if
they see that there is no reason, they inhibit because
they are being asked.
Another case that you are to remember is…
JOAQUIN v. JAVELLANA
(A.M. No. RTJ-00-1601, November 13, 2001)
HELD:
"Hence, a judge's official conduct and his behavior
in the performance of judicial duties should be free
from the appearance of impropriety and must be
beyond reproach. One who occupies an exalted
position in the administration of justice must pay a
high price for the honor bestowed upon him, for his
private as well as his official conduct must at all times
be free from the appearance of impropriety. Because
appearance is as important as reality in the
performance of judicial functions, like Caesar's wife,
a judge must not only be pure but also beyond
suspicion. A judge has the duty to not only render a
just and impartial decision, but also render it in such
a manner as to be free from any suspicion as to its
fairness and impartiality, and also as to the judge's
integrity.
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"It is obvious, therefore, that while judges should
possess proficiency in law in order that they can
competently construe and enforce the law, it is more
important that they should act and behave in such a
manner that the parties before them should have
confidence in their impartiality."
Discussion:
This is a landmark case in the discipline of judges. You
can know that it’s the SC deciding for it if the case is
Adm. Circular No. RTJ or RTC or MTC. That means
that the judge being disciplined is an MTC judge or an
RTC judge or CA justice. It’s an administrative matter
if the judge is being disciplined by an administrative
case.
Dapat walang suspicion. Kase kung may suspicion kayo
na bias yung judge, wala nang trust, paano nalng yung
decision ng administration of justice? That’s why even
very little issue ng corruption, masyadong strict ang SC
in disciplining judges. Imagine beyond reproach. The
judge must pay a high price because 1st and foremost
the judge administers justice. Mas mabigat ang
responsibility. That’s why the concept of semper fidelis.
Semper is a latin word; it means always. Ang siempre is of
course. Fidelis meaning faithful; fidelity. Semper fidelis
literally means always faithful. The judge more than the
lawyer even, has to be very and always faithful to the
oath and to the ethics of ther law profession. All of us
are required to be faithful always to the law, to your oath
and to the ethics of the law profession. Much more of
you’re a judge – this is demanded so much.
TERM OF OFFICE OF JUDGES
COMPULSORY RETIREMENT: 70 y.o. for judges
and justices.
But even prior to that, the judge can cease to hold office
by many reasons – removal, resignation etc.
©Eliza Den A. Devilleres 4-Manresa
Except the SC, the only reason for the SC justice to be
removed is by impeachment. All others – CA down to
MTC judges – the removal is under Rule 140 of the SC.
REMOVAL AND DISCIPLINING OF JUDGES
RULE 140
Charges Against Judges of First Instance
Section 1. Complaint - All Charges against judges
of first instance shall be in writing and shall set out
distinctly, clearly, and concisely the facts
complained of as constituting the alleged serious
misconduct or inefficiency of the respondent, and
shall be sworn to and supported by affidavits of
persons who have personal knowledge of the facts
therein alleged, and shall be accompanied with
copies of documents which may substantiate said
facts.
Section 2. Service or dismissal. - If the charges
appear to merit action, a copy thereof shall be
served upon the respondent, requiring him to
answer within ten (10) days from the date service.
If the charges do not merit action, or if the answer
shows to the satisfaction of the court that the
charges are not meritorious, the same shall be
dismissed.
Section 3. Answer; hearing. - Upon the filing of
respondents answer or upon the expiration of the
time for its filing, the court shall assign one of its
members, a Justice of the Court of Appeals or a
judge of first instance to conduct the hearing of the
charges. The Justice or judge so assigned shall set a
day for the hearing, and notice thereof shall be
served on both parties. At such hearing the parties
may present oral or written evidence.
Section 4. Report - After the hearing, the Justice or
judge shall file with the Supreme Court a report of
his findings of fact and conclusions of law,
accompanied by the evidence presented by the
parties and the other papers in the case.
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Section 5. Action - After the filing of the report,
the court will take such action as the facts and the
law may warrant.
Section 6. Confidential. - Proceedings against
judges of first instance shall be private and
confidential.
Removal or disciplining of judges. These are the
grounds mentioned under Rule 140 Rules of Court.
Before that, you can hold office up to 70 y.o. but you
can cease to hold office as judge if you are removed,
disciplined, disbarred, resigned or die early.
There were instances, now no more, there were
instances before when courts are circuitized. What do
you mean by circuitized? You know that in the 1st level
courts there is the MTC, MTCC, MCTC or MeTC.
Before, if you are a judge of one court and your court is
circuitized or being joined to another municipality, you
have the option to continue or you will be given
another office by the SC, or you have the option not to
continue being a judge of your court is being circuitized.
That’s another way that you cease to hold office as a
judge, if your court is being circuitized and you express
not to continue. Now there is no more instance, kase
ngayon padagdag at padagdag tayo ng branches ng court
hindi na lesser. Ngayon increasing na at not
diminishing courts. Noon diminishing. Ngayon adding
– more courts because more and more cases are filed in
court and the population of the country is increasing so
we need to increase court availability.
Q: HOW TO INSTITUTE DISCIPLINARY
PROCEEDINGS?
There are 2 ways:
1.) Verified complaint; or
2.) Motu proprio
During the time of Davide, there were many motu
proprio cases by the SC. Anung nangyari sa time nya?
Makakita lng cya ng blind item sa newspaper na mabasa
nya about a certain judge. Just by that blind item/
comment. Ngayon mas Malala, makakita ln gang mga
justices ng blind item sa Facebook, or Twitter or social
media, ipapainvestigate agad. So motu prorpio complaint
©Eliza Den A. Devilleres 4-Manresa
by the SC, that is in Section 1. But if there is a verified
complaint, there must be supporting affidavits and
evidences and submit it to the court. So you file an
admin case against a judge.
In the proceeding, the SC appoints an investigating
judge or justice. That justice/investigator has to set a
date for hearing to receive the evidence, and should
only be within 90 days. After that he makes a report and
the SC takes action. Ganun lng kasimple, disiplinado
na yung judge. Oftentimes the penalty is fine,
suspension and dismissal.
Q: Under Section 7, what are those administrative
sanctions?
• Serious:
o Bribery
o Dishonesty
o Serious misconduct
o Immorality
• Less serious:
o Undue delay in rendering decision
o Frequent and unjustified absences –
so tardiness. Kahit tardiness,
didisiplinahin ng SC ang judges. So
pag-late or absenot yung judge,
pwede kayo magreklamo. Unless he’s
on official business or is sick or on
official leave of absence. Or, if
merong unauthorized practice of law
– judge na nga cya nagpaprivate
practice pa cya.
• Light:
o Vulgar
o Conduct unbecoming of a judge
o Gambling in public
o Fraternizing with lawyers – that’s
what they say this position is very
lonely because we cannot mingle
with lawyers and litigants. But if you
have a big family, your social need
will not be hampered definitely.
SANCTIONS:
• Dismissal;
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• Suspension within 3-6 mos.;
• Fine – 10 to 40k. ngayon lumalaki na depende
sa gravity aabot na ng hundreds of thousands.
Pero mga past cases, the max is only 40k;
*The same rules as to suspension and disbarment
of lawyers also applies to judges, the proceeding is
CONFIDENTIAL.
There are times the SC if you have committed a
grave wrong or a serious misconduct, the penalty is
also grave. Not just dismissal from service but also
forfeiture of benefits, including perpetual
disqualification from holding public office. Until
you die you are disqualified from holding any gov’t
office. And forfeiture of any accrued retirement
benefits. Lahat ng mga dapat matatanggap mong
benefits and allowances iforfeit. Even retirement
benefits iforfeit. Ganun ka harsh ang SC pagdating
sa judges.
NEW CODE OF JUDICIAL CONDUCT
Effective June 1, 2004. This is the Bangalore draft.
I would like you to MEMORIZE, very important
the 6 Cardinal Rules. Sa CPR, Canon 1-22. Sa
judges, canon 1-6 only. Pero lahat mabibigat.
REMEMBER: 3I-PECD
I – ndependence
I – ntegrity
I – mpartiality
P – ropriety
E – quality
C – ompetence
D – iligence
Canon 1
Independence
Judicial independence is a pre-requisite to the rule
of law and a fundamental guarantee of a fair trial. A
©Eliza Den A. Devilleres 4-Manresa
judge shall therefore uphold and exemplify judicial
independence in both its individual and
institutional aspects.
Section 1
Judges shall exercise the judicial function
independently on the basis of their assessment of
the facts and in accordance with a conscientious
understanding of the law, free of any extraneous
influence, inducement, pressure, threat or
interference, direct or indirect, from any quarter or
for any reason.
Section 2
In performing judicial duties, Judges shall be
independent from judicial colleagues in respect of
decisions which the judge is obliged to make
independently.
Section 3
Judges shall refrain from influencing in any manner
the outcome of litigation or dispute pending before
another court or administrative agency.
Section 4
Judges shall not allow family, social, or other
relationships to influence judicial conduct or
judgment. The prestige of judicial office shall not be
used or lent to advance the private interests of
others, nor convey or permit others to convey the
impression that they are in a special position to
influence the judge.
Section 5
Judges shall not only be free from inappropriate
connections with, and influence by, the executive
and legislative branches of government, but must
also appear to be free therefrom to a reasonable
observer.
Section 6
Judges shall be independent in relation to society in
general and in relation to the particular parties to a
dispute which he or she has to adjudicate.
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Section 7
Judges shall encourage and uphold safeguards for
the discharge of judicial duties in order to maintain
and enhance the institutional and operational
independence of the judiciary.
Section 8
Judges shall exhibit and promote high standards of
judicial conduct in order to reinforce public
confidence in the judiciary which is fundamental
to the maintenance of judicial independence
Canon 1 is about INDEPENDENCE.
JUDICIAL INDEPENDENCE is a pre-requisite to the
rule of law and the fundamental guaranty of a fair trial.
A judge shall therefore uphold and exemplify judicial
independence in both his individual and institutional
aspect. That’s why judges cannot just mingle with
lawyers and litigants. Avoid impropriety to maintain
independence. Ano ang dapat tandaan sa independent
judicial function? So wala pakialam dito yung mga
politico. You should not be swayed by political
pressures from the executive and legislative department.
The judiciary should be independent. You should be
free from outside pressure. You should not be
influenced by the outcome of the litigation. You should
be independent from executive and legislative govt’s or
depts. of gov’t. You should be independent of society
and particular parties or groups. You are to safeguard
that independence by all means in order to promote
public confidence. So read through sections 1-8 of
Canon 1.
REMEMBER: In independence, it is a pre-
requisite in the rule of law and fundamental
guarantee of fair trial. If the judge is not
independent, there can be no fair trial.
GO v. CA
(206 SCRA 165)
HELD:
©Eliza Den A. Devilleres 4-Manresa
Mass media has its duty to fearlessly but faithfully
inform the public about events and persons.
However, when a case has received wide and
sensational publicity, the trial court should be
doubly careful not only to be fair and impartial but
also to give the appearance of complete objectivity in
its handling of the case (Concurring opinion of J.
Gutierrez, Jr.)
There must be COMPLETE OBJECTIVITY in handling the
case by the trial court.
Discussion:
Remember the case of Ampatuan. So there is a live
coverage. How the court remains independent, the SC
provided the trial judge with 6 security personnel. No
one can get near her. She was provided with 10 legal
researchers. She cannot even stay long with her family
because it was a public trial. It was a sensational case.
That was the murder of the century, they say. That was
a multiply murder case – massacre. I8mstead of the 90-
day period required within which to decide a case
under the Rules of Criminal Procedure, she was given
a 1-year period to decide. As there were a lot of victims,
there were a lot of private complainants. And of course,
there were hundreds of accused. Imagine, the decision
is more than 700 pgs. So that is one example of how a
judge maintains independence.
PEOPLE v. VENERACION
(1995)
FACTS:
The judge found defendants guilty beyond
reasonable doubt of the crime of rape with
homicide. However, he sentenced the accused with
reclusion perpetua instead of death. At that time,
death penalty was still imposable.
In other words, apply the law as it is.
HELD:
“A court of law is no place for a protracted debate on the
morality or propriety of the sentence, where the law itself
provides for the sentence of death as a penalty in specific
and well-defined instances.”
Discussion:
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From the lectures of Judge Maria Eliosa Maglana

So na at stake yung independence ng judge. Bakit kaya quarter or for any reason.” Emphasis on the phrase for any
nagimpose cya ng reclusion perpetua when it should have reason. So kahit may death threat kana dyan, wag kang
been death? So questionable. Sometimes it can be ma-sway. Maintain your independence. Like for
regarded as disregard of the law. So di kana example in my case. I received a threat during the
independent. Meron kang personal bias for or against. pendency of the case. Is till decided the case based on
conscience, record, trial, manifestations of lawyers,
SABITSANA v. VILLAMOR pleadings, evidence submitted to court. After my
(202 SCRA 445)
decision all the more I received a threat. Despite of that,
I gave my decision.
HELD:
Canon 2
Cardinal is the rule that a Judge should avoid
Integrity
impropriety and the appearance of impropriety in all
activities. The Canons mince no words in mandating
Integrity is essential not only to the proper discharge
that a Judge shall refrain from influencing in any
of the judicial office but also to the personal
manner the outcome of litigation or dispute pending
demeanor of judges.
before another Court (Canon 2, Rule 2.04).
Interference by members of the bench in-pending
Section 1
suits with the end in view of influencing the course
or the result of litigation does not only subvert the
Judges shall ensure that not only is their conduct
independence of the judiciary but also undermines
above reproach, but that it is perceived to be so in
the people's faith in its integrity and impartiality
the view of a reasonable observer.
(Commentaries on the Code of Judicial Conduct).
Section 2

Discussion: The behavior and conduct of judges must reaffirm

the people's faith in the integrity of the judiciary.
“Interference by members of the bench in-pending suits with Justice musty not merely be done but must also be
the end in view of influencing the course or the result of seen to be done.
litigation does not only subvert the independence of the
judiciary xxx.” What does that mean? Judges cannot
interfere with the proceedings and trial of other judges.
What you need to remember in integrity:
They should not even discuss this or mention this with
CONDUCT WHICH IS BEYOND REPROACH.
a friend judge while the case is pending. So you should
That is mentioned in Section 1 that you should
not influence or you should not give opinion especially
maintain people’s faith. That faith that should always
when you’re in public. You should not give opinion or
believe in the justice system. That is the standard. If not,
you should not influence another judge of what you
then you will be in for disciplinary action. If other
think of that case. You should not even discuss trial of
lawyers will not follow, then you can discipline lawyers.
cases pending. You should not even discuss it with your
You can make orders or charge them for direct or
wife or husband. For example, in my case I don’t share
indirect contempt.
anything with my family, with my best friend of what
I’m doing in court or in a particular case. Sometimes I You know that judges have been penalized because of
make jokes only of what is happening in court, but not this integrity. Why? There are many judges, because
mention particular cases. temptation sets in, they demand or receive or accept
bribes.
INDEPENDENCE – the meaning as contemplated in
the Code of Judicial Conduct, you read through o They fraternize litigants or lawyers;
Section 1: “xxx free of any extraneous influence, inducement, o They alter orders;
pressure, threat or interference, direct or indirect, from any o They delay in rendering justice;
EIIPTI-DI

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 Practice Court 2 (2019-2020)
From the lectures of Judge Maria Eliosa Maglana

o They delay in rendering decision or order;
o Sexual harassment of employees under their
supervision or authority;
o Ignorance of the law;
o Keeping or flaunting with mistress or other
woman;
o Frequenting in casinos or cockfights;
o Gambling;
o Incompetence;
o Conduct hearings in residence – in fact there
is a circular by the SC that you are not to stay
in the halls of justice and make the hall of
justice as your home, and do not make your
home your court. You can work in your home
but you cannot make it your court. Judges are
even penalized for solemnizing weddings in
other places. Now judges are very careful
because there is now a circular mandating us
that judges must solemnize marriage in open
court, in your court. Not anywhere or
somewhere else. So bawal na ngayon ang
garden weddings, pero merong judge na
nagsosolemnize parin. Yung judge na
nagsolemnize sa wedding ni Sarah and
Matteo, nameet naming during the
convention of women judges. They solemnize
the wedding in a hotel. Very private. So
ngayon halos lahat ng judge di na nag aaccept
ng kasal sa labas ng court to avoid charges of
impartiality, independence and impropriety.
I mentioned to you last time na lawyers are
required to study, all the more judges. Konting
pagkakamali, you can be charged with ignorance of
the law. Remember we are bro/sis lawyers. Kung
magkamali yung judge, huwag naman kayo file
kaagad ng complaint. Pwedeng you call the
attention of the judge or you file a motion kung di
naman grave or intentional. Magtulungan tayo.
Because sometimes the judge will call your
attention, tulungan ka rin ng judge. Even the judge
will suggest to you what you will do with your
client. Give and take. Kung di naman grave yung
pagkakamali ng judge, you can call the attention of
the judge or ask to talk with the judge in his/her
chamber para ma correct nya yung mali nya esp sa
decision or order. Or kung decided na before
finality, you file MFR. There are lawyers who are
very courteous, before they file a MFR or they
appeal to the decision of the judge, they will talk to
the judge and inform the judge that they will file a
MFR or appeal. There must be fair languages in
your pleadings also.
Section 3
Judges should take or initiate appropriate
disciplinary measures against lawyers or court
personnel for unprofessional conduct of which the
judge may have become aware.
Judges can also discipline others like their personnel
and lawyers.
Example: Direct or indirect contempt.
CONDUCT BEYOND REPROACH: Free from
conduct which may tend to sway the faith of the
public in the judicial system.
So you have to maintain the people’s faith. Number
one require of conduct beyond reproach is HONESTY.
A.M. No. MTJ-98-1144. July 22, 1998
FLORIDE DAWA, NORALIZ L. JORGENSEN,
FEMENINA LAZARO-BARRETO,
complainants, vs. Judge ARMANDO C. DE ASA,
Metropolitan Trial Court, Branch 51, Caloocan
City, Respondent.
”A judge who kissed a court employee and a policewoman
on the lips.”
HELD:
xxx a judge must not only appear to be a good judge;
he must also appear to be a good person.
Discussion:
Masyadong mataas ang standard. Parang di na pwedeng
magkamali ang judge. Parang perfect na masyado.
Grabe ka demanding ang Code of Judicial Conduct. Of
course we know that no one is perfect. Sad to know na

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From the lectures of Judge Maria Eliosa Maglana
may judge na ang pangalan is Perfecto and Honesto,
but they were disciplined by the SC for irreproachable
conduct and dishonesty.
Canon 3
Impartiality
Impartiality is essential to the proper discharge of
the judicial office. It applies not only to the decision
itself but also to the process by which the decision
to made.
What you have to remember in IMPARTIALITY is
that the judge should be free from any bias or
prejudices. Impartiality is also 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 to
made. So dapat walang bias ang judge di lng sa decision
but even in the court process during trial from start to
finish. That means from the start, it can be arraignment
or a motion or reduction of bail. The way how you
started the case or how the judge imposed the issuance
of a WOA. From that moment until execution or
sentencing or promulgation of judgment. As I’ve said,
from start to finish, you should show impartiality.
Section 1
Judges shall perform their judicial duties without
favor, bias or prejudice.
The duty to be free from biases. No fear. No favor.
Dapat di matakot yung judge. The judge should
maintain the faith and confidence of the public to
promote it.
Section 2
Judges shall ensure that his or her conduct, both in
and out of court, maintains and enhances the
confidence of the public, the legal profession and
litigants in the impartiality of the judge and of the
judiciary.
©Eliza Den A. Devilleres 4-Manresa
Minimize the instances wherein the judge will be
disqualified. The moment na mawala na yung trust and
confidence ng litigants, the party-litigants can anytime
file a motion for inhibition so that the judge cannot
take cognizance of the case or to continue the trial of
the case. That’s why bawal saamin ang mag comment.
Pag may issue ang pinapa comment lng nila ay mga
Congressman, Senador at Presidente, but not judges.
Even justices ng SC. Only Court Admin. Atty. Midas
Marquez would show in an interview, or Atty. Lee of
the SC who is in charge of public info. Walang justice,
walang judge. Bawal. Esp during the pendency of the
case.
Section 3
Judges shall, so far as is reasonable, so conduct
themselves as to minimize the occasions on which it
will be necessary for them to be disqualified from
hearing or deciding cases.
Section 4
Judges shall not knowingly, while a proceeding is
before, or could come before, them make any
comment that might reasonably be expected to
affect the outcome of such proceeding or impair the
manifest fairness of the process. Nor shall judges
make any comment in public or otherwise that
might affect the fair trial of any person or issue.
Section 5
Judges shall disqualify themselves from participating
in any proceedings in which they are unable to
decide the matter impartially or in which it may
appear to a reasonable observer that they are unable
to decide the matter impartially. Such proceedings
include, but are not limited to, instances where
The judge has actual bias or prejudice concerning a
party or personal knowledge of disputed evidentiary
facts concerning the proceedings;
The judge previously served as a lawyer or was a
material witness in the matter in controversy;
The judge, or a member of his or her family, has an
economic interest in the outcome of the matter in
controversy;
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 Practice Court 2 (2019-2020)
From the lectures of Judge Maria Eliosa Maglana

o Party-litigants – 6th degree

The judge served as executor, administrator,
guardian, trustee or lawyer in the case or matter in
controversy, or a former associate of the judge
served as counsel during their association, or the
judge or lawyer was a material witness therein;
The judge's ruling in a lower court is the subject of
review;
The judge is related by consanguinity or affinity to a
party litigant within the sixth civil degree or to
counsel within the fourth civil degree; or
o Counsel – 4th degree
Imagine pag counsel malapit-lapit. 4th degree is 1st
cousin. So kung 3rd cousin, pwede na di na kayo mag
inhibit. But in my case, even 4th uncle, the fact that we
have the same family name, I voluntarily inhibited from
the case. Kahit na friend ng kapatid mo. Esp na you
know na firend yan ng kapatid mo at close sainyo, the
judge should inhibit.
DISQUALIFICATION v. INHIBITION

The judge knows that his or her spouse or child has DISQUALIFICATION INHIBITION
a financial interest, as heir, legatee, creditor,
fiduciary, or otherwise, in the subject matter in BASIS Very specific and No specific
controversy or in a party to the proceeding, or any exclusive. grounds. It has
other interest that could be substantially affected by a very broad
the outcome of the proceedings; basis such as
good ethical
grounds,
delicadeza, etc.
Ok, Section 5. I’ve already mentioned to you Rule 137 So
about DISQUALIFICATION OF JUDGES. Grounds discretionary
for disqualification under Rule 137, Section 1: sa judge
maginhibit.
RULE 137 Discretionary
sa parties to
Disqualification of Judicial Officers ask for the
inhibition of
Section 1. Disqualification of judges. — No judge or the judge.
judicial officer shall sit in any case in which he, or
his wife or child, is pecuniarily interested as heir, Bakit may
legatee, creditor or otherwise, or in which he is discretion?
related to either party within the sixth degree of Simple,
consanguinity or affinity, or to counsel within the nawalan na
fourth degree, computed according to the rules of sila ng tiwala
the civil law, or in which he has been executor, or may duda
administrator, guardian, trustee or counsel, or in sila. May duda
which he has been presided in any inferior court sila sa
when his ruling or decision is the subject of review, competence,
without the written consent of all parties in interest, diligence, etc.
signed by them and entered upon the record. of the judge.
Ang iba
A judge may, in the exercise of his sound discretion, abusive na
disqualify himself from sitting in a case, for just or masyado, to
valid reasons other than those mentioned above. get a favorable
judgment,
ipainhibit nila
ning judge pag

19
©Eliza Den A. Devilleres 4-Manresa
 Practice Court 2 (2019-2020)
From the lectures of Judge Maria Eliosa Maglana

nefeel nila na burdensome by the ordinary citizen and should do

di sila makaget so freely and willingly. In particular, judges conduct
ug favorable themselves in a way that is consistent with the
judgment, dignity of the judicial office.
punta sila
saibang judge. Section 3
So ano yun?
Forum Judges shall, in their personal relations with
shopping. individual members of the legal profession who
practice regularly in their court, avoid situations
The judicial officer has The matter is which might reasonably give rise to the suspicion or
no discretion to sit or try left to the appearance of favoritism or partiality.
the case. She is being sound
disqualified (Rule 137, discretion of Section 4
Section 1, par. 1). the judge or
party. Judges shall not participate in the determination of
You should inhibit by a case in which any member of their family
reason of law. represents a litigant or is associated in any manner
with the case.

Section 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.
Canon 4
Propriety
Propriety and the appearance of propriety are
essential to the performance of all the activities of
a judge.
Section 1
Section 5
Judges shall not allow the use of their residence by a
member of the legal profession to receive clients of
the latter or of other members of the legal
profession.
Section 6
Judges, like any other citizen, are entitled to freedom
of expression, belief, association and assembly, but
in exercising such rights, they shall always conduct
themselves in such a manner as to preserve the
dignity of the judicial office and the impartiality and
independence of the judiciary.
Section 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.

Judges shall avoid impropriety and the appearance Section 8

of impropriety in all of their activities.
Section 2
As a subject of constant public scrutiny, judges must
accept personal restrictions that might be viewed as
Judges shall not use or lend the prestige of the
judicial office to advance their private interests, or
those of a member of their family or of anyone else,
nor shall they convey or permit others to convey the
impression that anyone is in a special position

20
©Eliza Den A. Devilleres 4-Manresa
 Practice Court 2 (2019-2020)
From the lectures of Judge Maria Eliosa Maglana
improperly to influence them in the performance of
judicial duties.
Section 9 as last updated by OCA Cir. 103-06
(2006)
Confidential information acquired by judges in
their judicial capacity shall not be used or disclosed
for any other purpose NOT related to their judicial
duties.
Section 10
Subject to the proper performance of judicial duties,
judges may:
Write, lecture, teach and participate in activities
concerning the law, the legal system, the
administration of justice or related matters;
Appear at a public hearing before an official body
concerned with matters relating to the law, the legal
system, the administration of justice or related
matters;
Engage in other activities if such activities do not
detract from the dignity of the judicial office or
otherwise interfere with the performance of judicial
duties.
Section 11
Judges shall not practice law whilst the holder of
judicial office.
Section 12
Judges may form or join associations of judges or
participate in other organizations representing the
interests of judges.
Section 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.
Section 14
©Eliza Den A. Devilleres 4-Manresa
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.
Section 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.
PROPRIETY AND APPEARANCE OF
PROPRIETY. That’s why even in robes. So uniform
an gaming black robe. Walang magarang robe. Pareho
lng yang lahat issued by the SC. SC Circular demands
us to be formal at all times. So walang naka jeans na
judge. Kung may nakita kayong nakajeans na judge
papunta ng court, punahin nyo. Even the judge can
discipline lawyers for not wearing proper attire in their
appearance in court. That’s why kayo, estudyante
palang may dress code na para masanay kayo. Who
knows? One or two or three or all of you will become
judicial officers later or become magistrates. Sanay na
kayong magformal. Yung respectable yung gayak ninyo.
RESPECTABLE. Bawal saamin ang magshorts, pwera
lng kung nasa beach ka. When you’re in Rome, be a
Roman. Kung saan ka na place, dapat proper yung attire
mo. Kung official function and even social function,
judges are not to wear informal attire.
So what is to be remembered in CANON 4? Good
manners and right conduct. That means any act that
should not lessen the dignity of the judge or avoidance
of any action that would lessen the dignity of your court
or office. Imagine PROPRIETY AND
APPEARANCE OF PROPRIETY that is to be
maintained. Read through Sections 1-15.
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 Practice Court 2 (2019-2020)
From the lectures of Judge Maria Eliosa Maglana
VENUSTIANO SABURNIDO v. JUDGE
FLORANTE MADRONO, [A.M. No. MTJ-90-
383. June 15, 1992.]
HELD:
It was highly improper for a judge to have wielded a
highpowered firearm in public and besieged the
house of a perceived defamer of character and honor
in warlike fashion and berated the object of his ire,
with his firearm aimed at the victim xxx.
From the FT of the case:
JUDICIAL ETHICS; CODE OF JUDICIAL
CONDUCT; VIOLATION OF RULE 2.01,
CANON 2 ESTABLISHED IN CASE AT BAR. —
It was highly improper for a judge to have wielded a
highpowered firearm in public and besieged the
house of a perceived defamer of character and honor
in warlike fashion and berated the object of his ire,
with his firearm aimed at the victim — an unarmed
policeman, also a person in authority at that, thereby
threatening the latter’s life. In so doing, respondent
judge committed an act of grave impropriety
unbecoming of a judge and in violation of the Code
of Judicial Conduct, specifically, Rule 2.01, Canon
2, to wit:
"CANON 2 A JUDGE SHOULD AVOID
IMPROPRIETY AND THE APPEARANCE OF
IMPROPRIETY IN ALL ACTIVITIES Rule 2.01
— A judge should so behave at all times as to promote public
confidence in the integrity and impartiality of the
judiciary."
Verily, the actuations of respondent Judge tend to
destroy the reputation that judges are unblemished
in character and firmly adhere to a code of right
conduct.
Discussion:
Kahit na githreaten or gidefame ka, hwag kang
manugod doon sa kalaban mo. Eto yung nangyari, sag
alit nya na gi-defame cya, sinugod nya. Tinutukan nya
pa ng baril. High-powered forearm pa yung bitbit nya.
Huwag ganunna diretsohin mo sugurin yung tao. You
go through a proper proceeding.
©Eliza Den A. Devilleres 4-Manresa
A.M. No. RTJ-04-1891. July 28, 2005
RE: ANONYMOUS COMPLAINT AGAINST
JUDGE EDMUNDO T. ACUÑA, REGIONAL
TRIAL COURT, CALOOCAN CITY, BRANCH
123.
HELD:
While the judges are only human, their acceptance
of the judicial position means that more is expected
from them than from ordinary citizens as their acts,
both private and public, color the public’s
perception of the judiciary as a whole.
Discussion:
Even in your private affairs, not just in public, you
should observe good manners and right conduct.
Dignified conduct is best described as conduct
befitting men and women possessed of temperance and
respect for the law and for others.
Indeed, a judge’s personal behavior, not only while in
the performance of official duties, must be beyond
reproach, being the visible personification of law and of
justice [Re: Anonymous Complaint Against Acuña
(2005)].
Some instances when judges were rebuked:
(1) Making sexually suggestive advances to
women [Marianov. Gonzales (1982)];
(2) Writing letter to a married woman to come
to the sala after 5 pm [Hadap v. Lee (1982)];
(3) Assigning a female stenographer to a judge’s
chamber [Ritual v. Valencia (1978)];
NOTE:
o AM No. 18-01-05-SC
o Terms of office of judges – Judges once
appointed, it’s a personal or permanent
appointment. There’s no such thing as a
temporary appointment. Once you are
appointed as judge/justice, you’ll have that
22
 Practice Court 2 (2019-2020)
From the lectures of Judge Maria Eliosa Maglana
position until you are removed, you retire,
dismissed, resign or there is termination of
your office. Except for SC justices, the removal
is only by impeachment. All others, the term
of office is until you retire at 70. But there is a
new law regarding OPTIONAL
RETIREMENT. Judges now can retire at the
age of 60 (the minimum age of retirement),
provided that you comply with some
conditions.
For you to avail of the benefits due to judges and
justices:
1.) You reach the age of 60 y.o. – because 70 y.o.
is the compulsory retirement.
2.) You must have served the gov’t for at least 15
yrs.
3.) You must have served the judiciary for 5 yrs as
judge.
*So 5-15-60
Of course subject to the computation of your
accrued accumulated benefits. For judges,
including the computation of the retirement
benefits. That includes allowances not just salary.
Canon 5
Equality
Ensuring equality of treatment to all before the
courts is essential to the due performance of the
judicial office.
So essential is EQUALITY to all litigants, all parties, all
lawyers. Even those affected by court decisions like the
issuance of court processes. And even as to employees
– court ees and staff.
Section 1
Judges shall be aware of, and understand, diversity
in society and differences arising from various
sources, including but not limited to race, color, sex,
religion, national origin, caste, disability, age,
marital status, sexual orientation, social and
economic status and other like causes.
©Eliza Den A. Devilleres 4-Manresa
The only basis of the judge is the rules and the laws.
Not to base the treatment of the case as to his/her
biases, personal beliefs and treatment as to people’s
cultural, religious background whatsoever. Very
important. The very important and basic requirement
as to equality, that is in Section 2.
Section 2
Judges shall not, in the performance of judicial
duties, by words or conduct, manifest bias or
prejudice towards any person or group on irrelevant
grounds.
Not to manifest bias or prejudice. So as mentioned in
impropriety also, you will not show your biases or
prejudices because you can be charged of impropriety.
Section 3
Judges shall carry out judicial duties with
appropriate consideration for all persons, such as
the parties, witnesses, lawyers, court staff and
judicial colleagues, without differentiation on any
irrelevant ground, immaterial to the proper
performance of such duties.
Section 4
Judges shall not knowingly permit court staff or
others subject to his or her influence, direction or
control to differentiate between persons concerned,
in a matter before the judge on any irrelevant
ground.
You are not to be influenced by your court staff and
personnel whatever is their opinion to the case;
whatever is the public opinion of the case, that should
not matter.
Q: What is the proper attitude to parties appearing in
court?
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 Practice Court 2 (2019-2020)
From the lectures of Judge Maria Eliosa Maglana
Everyone is regarded with respect; with fairness. This is
the new canon of EQUALITY not found in the old
canon of judicial conduct. The new code of judicial
conduct is based on the Bangalore Draft approved in
2004. The old code does not include equality. Now it’s
being emphasized. As mentioned in Section 1, regardless
of race, color, sex, religion, national origin, caste, disability,
age, marital status, sexual orientation, social and economic
status and other like causes. To render substantial justice
and maintain public confidence in the judicial system,
judges are expected to be aware of the diversity of
people, society and even social conditions.
Section 2
Judges shall not, in the performance of judicial
duties, by words or conduct, manifest bias or
prejudice towards any person or group on irrelevant
grounds.
May I refer you to Rule 137, Section 1 of the Rules of
Court as to the inhibition or disqualification of judges.
RULE 137
Disqualification of Judicial Officers
Section 1. Disqualification of judges. — No judge or
judicial officer shall sit in any case in which he, or
his wife or child, is pecuniarily interested as heir,
legatee, creditor or otherwise, or in which he is
related to either party within the sixth degree of
consanguinity or affinity, or to counsel within the
fourth degree, computed according to the rules of
the civil law, or in which he has been executor,
administrator, guardian, trustee or counsel, or in
which he has been presided in any inferior court
when his ruling or decision is the subject of review,
without the written consent of all parties in interest,
signed by them and entered upon the record.
A judge may, in the exercise of his sound discretion,
disqualify himself from sitting in a case, for just or
valid reasons other than those mentioned above.
The prohibition is not only limited to cases in which
the judge hears the evidence but includes cases where
he acts by resolving motion. You can file a motion to
©Eliza Den A. Devilleres 4-Manresa
inhibit the judge by reason of Rule 131, Section 1. Not
only just by decision but it includes also xx if you see
that the judge’s bias in his resolution of the pending
motions. Even during, how the judge treats the lawyers
and party-litigants in open-court, that is included.
Section 5
Judges shall require lawyers in proceedings before
the court to refrain from manifesting, by words or
conduct, bias or prejudice based on irrelevant
grounds, except such as are legally relevant to an
issue in proceedings and may be the subject of
legitimate advocacy.
EMPHASIS: It even includes gender-bias language in
court – in open-court and in decision. So judges are
mandated to use fair language in open-court or in its
decision or resolution or order. So there is a training
for judges as to this – how to use gender-fair languages
in resolution and in decision-making. Di na
chairman/woman. NOW: Chairperson na. Those are
samples of words and phrases used that can be used to
void biases and prejudices or to avoid appearance of
seemingly bias languages or words and phrases.
Also the judges are to discipline lawyers esp. during
cross-examination. Remember when I discussed about
cross-examination. There is a rule of how to treat
witnesses. You are not to antagonize the witness. If the
judge sees it, the judge should protect the witness. The
judge has the duty to prevent lawyers from abusing or
making unfair treatment with witnesses or opposing
litigants/lawyers.
Section 3. Rights and obligations of a witness. — A
witness must answer questions, although his
answer may tend to establish a claim against him.
However, it is the right of a witness:
(1) To be protected from irrelevant, improper, or
insulting questions, and from harsh or insulting
demeanor;
(2) Not to be detained longer than the interests of
justice require;
24
 Practice Court 2 (2019-2020)
From the lectures of Judge Maria Eliosa Maglana
(3) Not to be examined except only as to matters
pertinent to the issue;
(4) Not to give an answer which will tend to subject
him to a penalty for an offense unless otherwise
provided by law; or
(5) Not to give an answer which will tend to
degrade his reputation, unless it to be the very fact
at issue or to a fact from which the fact in issue
would be presumed. But a witness must answer to
the fact of his previous final conviction for an
offense. (3a, 19a)
The judge has to keep that in mind also keep that in
mind also what are the rights and duties of the
witnesses and how to protect them. The judge must also
remind lawyers as to their obligations as lawyers and
how to relate with clients and opposing lawyers and
litigants. So you know that with your Code of
Professional Responsibility for lawyers.
Lastly…
Canon 6
Competence and Diligence
Competence and diligence are prerequisites to the
due performance of judicial office.
Section 1
The judicial duties of a judge take precedence over
all other activities.
Section 6
Judges shall maintain order and decorum in all
proceedings before the court and be patient,
dignified and courteous in relation to litigants,
witnesses, lawyers and others with whom the judge
deals in an official capacity. Judges shall require
similar conduct of legal representatives, court staff
and others subject to their influence, direction or
control.
©Eliza Den A. Devilleres 4-Manresa
Section 7
Judges shall not engage in conduct incompatible
with the diligent discharge of judicial duties.
IT’S PRESUMED THAT THE JUDGE IS
COMPETENT AND DILIGENT BEFORE HE/SHE
ASSUMES JUDICIAL FUNCTIONS.
That’s why mandatory for all judges right after appoint
or before exercising judicial functions to have
undergone mandatory seminar and immersion
program for judges. Maybe you have witnessed 2 judges
sitting in open-court, one of which is under immersion.
What is important is to make the competent and
diligent. Judicial duty is over and above the activities of
the judge. That’s why there is a lot of prohibitions for
judges. They cannot be officers of some civic orgs if it
will hamper or affect their time dedicated for judicial
duties and functions. They are not to be BOD of other
orgs except magistrate associations – like Phil. Judges
Assoc. or Phil. Women Judges Assoc. or Phil. Trial
Judges Assoc. – so those are exemptions. Some of those
are ways of magistrates to become updated because
there are mandatory seminars spearheaded by these
associations. Other than that, you are prohibited or you
are limited.
Section 2
Judges shall devote their professional activity to
judicial duties, which include not only the
performance of judicial functions and
responsibilities in court and the making of
decisions, but also other tasks relevant to the judicial
office or the court's operations.
As mentioned by the SC through the OCA, the judge
should dedicate all of his/her time as a judge. Except as
to your time with your personal life, all others you
should be full-time. Although my friends would give me
a joke that I’m only a part-time judge because I have
other activities – family and church commitments. We
are to show that we are professionally engaged. That’s
why as to being professor in law school, there are certain
guidelines. We are prohibited from being full=time
25
 Practice Court 2 (2019-2020)
From the lectures of Judge Maria Eliosa Maglana
professors. There is a limit as to a certain number of
hrs. we cannot teach during office hrs. or during court-
mandated sessions except today – Monday and when I
have to have make-up classes to you. So I have to take a
leave. I will charge it to my forfeitable leave because you
are expected to be in your court hrs. not to any other
activities outside judicial functions.
Section 3
Judges shall take reasonable steps to maintain and
enhance their knowledge, skills and personal
qualities necessary for the proper performance of
judicial duties, taking advantage for this purpose of
the training and other facilities which should be
made available, under judicial control, to judges.
Complete study like the cases I gave to you, the SC is
from time to time mandating us xx the Philippine
Judicial Academy, the education arm of the SC,
regularly requires judges to attend mandatory for all
judges to attend seminars updating training set by the
PhilJA.
A.M. RTJ No. 03-1775. April 30, 2003]
Dr. ISAGANI A. CRUZ, complainant, vs. Judge
PHILBERT I. ITURRALDE, Regional Trial
Court, Antipolo City, Branch 72, Respondent.
“Not every erroneous act will subject a judge to
disciplinary sanctions. Only judicial errors tainted with
bad faith, fraud, dishonesty, gross ignorance or deliberate
intent to do an injustice will be administratively
sanctioned.”
HELD:
Judges are not however expected to be infallible. Not
every error or irregularity committed by a judge in
the performance of official duties is subject to
administrative sanction. In the absence of bad faith,
fraud, dishonesty or deliberate intent to do
injustice, incorrect rulings do not constitute
misconduct and may not give rise to a charge of
gross ignorance of the law.
©Eliza Den A. Devilleres 4-Manresa
Discussion:
One of the grounds for filing of an admin case against
a judge is gross ignorance of the law. So if there’s a big
difference of error of judgment and error or
proceedings; error in the dispensation of justice.
A.M. No. MTJ-05-1601. August 11, 2005
MERCEDES G. DUDUACO, complainant, vs.
JUDGE LILY LYDIA A. LAQUINDANUM,
Municipal Circuit Trial Court, Kabacan, North
Cotabato, Respondent.
HELD:
To constitute gross ignorance of the law, the acts
complained of must not only be contrary to existing
law and jurisprudence but were motivated by bad
faith, fraud, dishonesty and corruption. [19] On the
other hand, misconduct is any unlawful conduct on
the part of a person concerned in the administration
of justice prejudicial to the rights of parties or to the
right determination of the cause. It generally means
wrongful, improper or unlawful conduct motivated
by a premeditated, obstinate or intentional purpose.
Discussion:
Plain error or judgment or honest mistake by the judge
does not amount to ignorance of the law unless
motivated by or included in it, the SC finds that there
is bad faith, fraud, dishonesty and corruption – absence of
such, the judge cannot be meted a penalty by the SC for
error of judgment.
Section 4
Judges shall keep themselves informed about
relevant developments of international law,
including international conventions and other
instruments establishing human rights norms.
More importantly…
Section 4
Judges shall keep themselves informed about
relevant developments of international law,
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 Practice Court 2 (2019-2020)
From the lectures of Judge Maria Eliosa Maglana
including international conventions and other
instruments establishing human rights norms.
So judges are given much privilege for research. That’s
why all judges all over the country are given laptops as
instrument for legal research from time to time. Like
the cases I sent you. The latest ones are the SC given to
judges. The one in 2017 and 2019. Those are from the
PhilJA. So from time to time we receive that. It’s called
electronic alerts given to us. I choose relevant ones so
you can take a look and read through those cases.
Included in the efficiency is the prompt decision-
making.
Section 5
Judges shall perform all judicial duties, including
the delivery of reserved decisions, efficiently, fairly
and with reasonable promptness.
EMPHASIS ON: Efficiently, fairly and promptly.
The rules require certain reglamentary periods within
which to decide or resolve cases.
Cases in the REGULAR RULES that are to be decided
within the 90-day period. Cases under the SUMMARY
RULES are to be decided within the 30-day period.
Q: What are those cases under the summary rules?
o Civil cases – UD and FE;
o Criminal cases – those with imposable penalty
of not more than 6 mos. So yung mga light
offenses, majority of such regardless of the
pecuniary penalty like fine. 6 mos. Below,
judges are to decide them within the 30-day
period.
o Small claims cases under the small claims
rule – regardless of the amt involved, now it’s
up to P300K for MTC, MCTC and P400k for
MeTC and courts under the NCR judicial
region, these small claims are to be decided or
resolved within 24 hrs. – one day only. And
one day postponement/resetting. One day
resetting; one day to decide.
©Eliza Den A. Devilleres 4-Manresa
o Pending motions – motions including
demurrer to evidence which can either resolve
interlocutory orders of the courts, as to
motions including interlocutory orders has to
be resolves within 30 days.
*Depending on the case load of judges, the judges
cannot resolve within the 90-day period. If it’s
impossible for you to decide within the 90-day or
30-day period under the rules, you are to file a
request for extension – EXTENSION OF TIME
TO RESOLVE OR DECIDE A CASE. Just like
you lawyers, you are to file an extension of time
within which to file pleadings in court, so the judge
has discretionary power whether to deny or grant
your motion for extension to file pleading or to file
answer, in the case of judges, request for extension
of time to resolve or decide a particular case.
Provided that request is filed before the OCA
before the expiration of the reglamentary period
for you to resolve or decide a particular case. So if
you are to decide a case under the 90-day period,
your request must be before the 90-day period
expires. In the same case that if you are to request
for extension within the 30-day period, you are to
file that request before the 30-day period expires.
Be sure that the OCA received your request prior
to the expiration of the 30-day period. So the
judge must see to it or determine first and foremost
if he/she can resolve the case within the
reglamentary period required by law.
For small claims cases, no extension is allowed.
The 1-day period is final. even the decision is NOT
appealable. So judges during the orientation of
party-litigants without their lawyers, has to explain
the rules to complainants, plaintiffs and
defendants in small claims cases. And that one
emphasis of the rules aside from no lawyer is
allowed to appear is the mode or the procedure in
which there is no privilege of appeal. So sometimes
I tell the litigants na di to aabot ng SC. Kng may
reklamo kayo sa decision ng judge di to aabot ng
SC kase walang appeal.
[A.M. No. MTJ-99-1211. January 28, 2000.]
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 Practice Court 2 (2019-2020)
From the lectures of Judge Maria Eliosa Maglana
ZENAIDA S. BESO, Complainant, v. Judge
JUAN DAGUMAN, MCTC, Sta. Margarita-
Tarangan-Pagsanjan, Samar, Respondent.
HELD:
A nudge neglected his duty when he failed to
exercise extra care ensuring the official records
of the case and official docs in his custody were
intact. This Court reiterates that judges must
adopt a system of record management and
organize their dockets in order to bolster the
prompt and efficient dispatch of business. 10 It
is, in fact, incumbent upon him to devise an
efficient recording and filing system in his court
because he is after all the one directly
responsible for the proper discharge of his
official functions.
Discussion:
I would like to tell you that the upkeep of court
records is the main responsibility of the clerk of
court. However, judges should also cooperate or
has the shared duty as to the care of case records
esp. evidences. There was a judge who was
dismissed by the SC for the loss of the case record
because he brought the records including to his
home because maybe the judge is used to working
at home also making decisions. However, the case
record got lost including the evidence. Imagine the
judge only for this reason was dismissed. Well if
you lost it without any complaint and you establish
reconstruction of the case record and the
evidences, no problem. The SC will exonerate the
judge provided there is no corruption, dishonesty,
fraud that accompanies the loss. Court records or
evidences can be reconstituted. Like what
happened in Bagangga struck by the devastating
typhoon Pablo in 2012. Most of our court records
got destroyed. If not destroyed all the rest cannot
be retrieved. So there was the process of
RECONSTITUTION. So others that cannot be
retrieved, so sorry for those. But thanks for the
efficiency and promptness of the court staff. At
that time, they have no permanent judge but only
acting judge assigned in Surigao, so we could not
©Eliza Den A. Devilleres 4-Manresa
help them. But those records of cases which have
been completely disposed of by the court were lost
or got destroyed, there was a process of
RECONSTITUTION. For all other, until now we
could not retrieve or reconstitute. Very sorry for
those litigants who needed copies of decisions and
evidences, we could not give it to them anymore.
We can only trace it to the docket book. But now
there’s a committee established by the SC to have
digital records of decisions and evidences
submitted to court. We have e-courts. Maybe we’ll
have virtual records in the future.
NOTE: READ THROUGH THOSE CASE
THAT I SENT LAST SATURDAY. MAYBE
I’LL PICK-UP SOME OF THOSE CASES
FOR THE EXAM.
PRACTICAL EXERCISES
In your syllabus for the 2019 Bar Exams, the practical
exercises normally included the preparation of
pleadings, affidavits, motions. Remember, just review
how to prepare motions. I discussed it with you last
semester also. How to prepare; the basic requirements
as to motions.
Q: What is the basic requirement for motion?
Most important is the CAPTION and the PRAYER.
Q: What is the basic requirement for AFFIDAVITS?
Last portion is the JURAT. The first part is you state
by virtue of law or the rules. “I Eliza Den A. Devilleres,
after having duly being sworn to in accordance with law
hereby depose and say state that xxx.” So you declare, you
express it in the affidavit. And then, subscribe and
sworn to the jurat portion. Before that, “In
stating/declaring the foregoing, in truth in accordance with
my personal knowledge and beliefs, I’m attesting to the truth
of the foregoing facts.”
Aside from jurats, ACKNOWLEDGEMENTS is
required for preparation of documents like deed of
sale, contracts and agreements, MOAs. For
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 Practice Court 2 (2019-2020)
From the lectures of Judge Maria Eliosa Maglana
corporations, study and review how to prepare Board
Resolutions. “It is hereby resolved in a meeting by the
BOD/BOT, dated _________. Conducted
in/at_________.” NOTE: Put the date, time and
place. Mention particularly especially the date and the
place of the preparation of the document. Those are
the very important items as to practical exercises. There
are some practical questions that are addressed to your
discretion or practical knowledge. Addressed to your
stock knowledge. I hope you have stocked so much not
just Vit. C and banana, the fake news to combat covid
virus.
TIP: Review as how to prepare those pleadings,
motions, affidavits, resolutions and documents.
Also, what are the requirements for the attachments
of docs in your judicial affidavits (JAs). Also, how to
prepare JAs.
I advise you, attempt to make one JA, simple
ordinary affidavits (loss, moral character, tenancy
and landholdings, discrepancy as to name that Maria
Alexa and Marie Alexa is one and the same person – as
to spelling for example). The very common is
affidavit of loss Make practical exercises.
PROBLEM AREAS IN LEGAL ETHICS
This could be part of your exam or in the bar exam later.
One issue is:
o SURROGACY – There is now the famous
assisted reproductive technologies. Test tube
babies like the one like Joel Cruz. P7M
including legal processes abroad. So these are
called assisted reproductive technology.
Q: As to surrogate mother and the would-be-
parents in surrogacy, who is the legal mother
in accordance with Philippine laws? How
will you support your answer under the
existing Phil. Law of the country? What does
the Family Code say about it or the RH Bill
if there is a provision there? Is this sanctioned
under Phil. laws? That you have to discern.
©Eliza Den A. Devilleres 4-Manresa
Does that exist? If there exists, how will you
legally justify if it occurs? How is it related to
the criminal offense of simulation of birth if
you register? How is the registration of the
birth of the baby?
So those are the problem areas of legal ethics
which you should find solution legally.
Human rights, adoption and surrogacy
By: Artemio V. Panganiban -
@inquirerdotnetPhilippine Daily Inquirer / 09:08
AM April 21, 2019
Riveting and comprehensive was the lecture on
human rights, adoption and surrogacy of professor
Elizabeth A. Pangalangan, one of the 15 holders of
the Chief Justice Panganiban Professorial Chairs on
Liberty and Prosperity, held recently at UP Diliman.
Her scholarly, eloquently delivered thesis focused on
this: Adoption and surrogacy are, at the outset,
parent-centric and are usually contracted by, and for
the benefit of, the adopters and the commissioning
parents to satisfy their craving for parenthood and
family love. Eventually and doctrinally, however,
courts lean in favor of the best interest and
overarching human rights of the children.
Human rights and adoption have been dissected in
many ways by scholars and jurisprudence. However,
surrogacy is quite novel. Thus, in my limited space
today, I will focus on surrogacy. (In a few days,
Pangalangan’s extemporaneous and PowerPoint-
assisted lecture will be posted in www.libpros.com
after she finishes transcribing and editing it.)
Surrogacy is an arrangement whereby a woman
(called surrogate) agrees to bear a child whom she
intends to transfer for custody and care to another
or others (the commissioning couple or
commissioning husband/wife) upon the child’s
birth.
There are two general types: (1) traditional—the
surrogate is inseminated by the commissioning
father’s sperms, either naturally or via in vitro
fertilization (or IVF). Here the surrogate, as the egg
donor, has a genetic link to the child; and (2)
gestational — the surrogate carries the embryo
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 Practice Court 2 (2019-2020)
From the lectures of Judge Maria Eliosa Maglana
created by the union of the egg and the sperm of the
commissioning couple. Example: “The delectable
twins of Mar and Korina” (Opinion, 3/10/19).
With surrogacy, a child can have two fathers: (1) the
biological and (2) the commissioning. But he/she
can have three mothers: (1) the genetic or biological
mother (the source of the egg), (2) the
commissioning mother and (3) the surrogate who
bears and gives birth to the child.
According to Article 164 of the Family Code,
“Children conceived as a result of artificial
insemination of the wife with the sperms of the
husband or that of a donor or both are… legitimate
children of the husband and his wife, provided, that
both of them authorized or ratified such
insemination in a written instrument executed and
signed by them before the birth of the child.” No
other Philippine law governs artificial insemination
or surrogacy.
That surrogacy services are now offered in several
local hospitals and that many Filipinos have gone
abroad to avail of it should be enough to impel
Congress to legislate on it, consistent with our
Constitution and family values.
Professor Pangalangan offers four possible legislative
options: (1) prohibit all forms of surrogacy; (2)
prohibit commercial surrogacy but allow altruistic
ones, that is, prohibit payment to the surrogate
because trading in human flesh is abhorrent but
allow surrogacy when no financial reward is made;
(3) allow but regulate commercial surrogacy; and (4)
allow all kinds of surrogacy arrangements.
Our Supreme Court has not issued any decision
involving surrogacy. But Pangalangan discussed
many foreign decisions, the most interesting being
Yamada vs Union of India (Sept. 29, 2008). Here,
Baby Boy Manji was born in India from the egg of
an Indian surrogate and the sperm of a Japanese
husband.
Unfortunately, prior to his birth, the commissioning
Japanese couple separated. Saying she had no genetic
link to the child, the ex-wife refused to take him.
Neither did the surrogate want to keep the baby,
©Eliza Den A. Devilleres 4-Manresa
insisting she bore him only because of the surrogacy
contract.
Mercifully, the Japanese husband claimed the child,
but could not bring him to Japan because that
country does not recognize surrogacy. Thus, it
refused to give him a passport. The husband’s
petition to adopt the child was denied, because India
bans single-parent adoption.
On humanitarian grounds, the Supreme Court of
India eventually allowed the child to leave India with
a certification (not passport), and Japan issued him
a tourist visa. I think this case illustrates the
complications that legislation must anticipate to
solve similar problems that could involve Filipinos.
Comments to chiefjusticepanganiban@hotmail.com
Read more:
https://opinion.inquirer.net/120867/human-
rights-adoption-and-surrogacy#ixzz6HLTICIvF
Follow us: @inquirerdotnet on Twitter |
inquirerdotnet on Facebook
o ARTIFICIAL INTELLIGENCE,
MACHINE INTELLIGENCE,
LAWYERING IN THE INTERNET OR
INTERNET LAWYERING v. LAW
PRACTICE IN THE PHILS. – What does
the case of Cayetano v. Monsod say about this?
What are those authorized and unauthorized
practice in the Phils? Take a look also at the
case of Phil. Lawyer’s Assoc. v. Agrava.
RENATO L. CAYETANO, petitioner, vs.
CHRISTIAN MONSOD, HON. JOVITO R.
SALONGA, COMMISSION ON
APPOINTMENTS, and HON.
GUILLERMO CARAGUE, in his capacity as
Secretary of Budget and Management,
respondents.
Constitutional Law; Qualifications of
COMELEC Chairman; “Practice of law”
defined.—Practice of law means any activity, in
or out of court, which requires the application
of law, legal procedure, knowledge, training and
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 Practice Court 2 (2019-2020)
From the lectures of Judge Maria Eliosa Maglana
experience. “To engage in the practice of law is
to perform those acts which are characteristics
of the profession. Generally, to practice law is to
give notice or render any kind of service, which
device or service requires the use in any degree
of legal knowledge or skill.” (111 ALR 23)
Interpreted in the light of the various
definitions of the term “practice of law”,
particularly the modern concept of law practice,
and taking into consideration the liberal
construc-tion intended by the framers of the
Constitution, Atty. Monsod’s past work
experiences as a lawyer-economist, a lawyer-
manager, a lawyerentrepreneur of industry, a
lawyer-negotiator of contracts, and a lawyer-
legislator of both the rich and the poor—verily
more than satisfy the constitutional
requirement—that he has been engaged in the
practice of law for at least ten years.
[No. L-12426. February 16, 1959]
PHILIPPINE LAWYER'S ASSOCIATION,
petitioner, vs. CELEDONIO AGRAVA, in
his capacity as Director of the Philippines
Patent Office, respondent.
1.ATTORNEYS AT LAW; PRACTICE OF
LAW; BEFORE PATENT OFFICE.—Practice
of law in the Philippines includes such
appearance before the Patent Office, the
representation of applicants, oppositors, and
other persons, and the prosecution of their
applications for patent, their oppositions
thereto or the enforcement of their rights in
patent cases.
2.ID.; ID.; ID.; WITHOUT FURTHER
EXAMINATION.—A member of the bar,
because of his legal knowledge and training
should be allowed to practice before the Patent
Office, without further examination or other
qualification.
3.ID.; ID.; ID.; REASON.—Under the present
law, members of the Philippine Bar authorized
by the Supreme Court to practice law, and in
good standing, may practice their profession
before the Patent Office, for the reason that
©Eliza Den A. Devilleres 4-Manresa
much of the business in said office involves the
interpretation and determination of the scope
and application of the patent law and other laws
applicable as well as the presentation of
evidence to establish facts involved. That part of
the functions of the Patent Director are judicial
or quasi-judicial, so much so that appeals from
his orders and decision are under the law taken
to the Supreme Court.
o MULTI-JURISDICTIONAL PRACTICE –
Q: Is this allowed in the country? What do
we mean by this? You’re a foreign lawyer and
you are practicing as a private lawyer in the
Phils. Applying your laws, is that allowed?
Because law practice in the Phils. is only
allowed for Filipinos under the
Constitution. What about multi-
jurisdictional practice? How does this affect
our commitment to the ASEAN integration?
Read through the GATS Agreement and the
ASEAN Integration which the Philippines is
a signatory. How is multi-jurisdictional
practice defined? Because there is the
GLOBALIZATION of goods and services. So
how about legal services? Is that an
unauthorized law practice? Is there a way to
justify that legally? What are the
requirements? I invite you to read through
the ASEAN integration commitment of the
Phils and how is the multijurisdictional
practice defined?
I will send you some documents in my
research about this. Hopefully it can increase
your knowledge as to this issue
SUGGESTED ANSWER (I just found
this in the internet):
Are non-Filipino lawyers engaged in the
practice of law in the Philippines?
Alien, mostly American immigration lawyers
and law firms advertise their legal services on the
Internet, in major Philippine newspapers, and
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 Practice Court 2 (2019-2020)
From the lectures of Judge Maria Eliosa Maglana
local television programs, to Filipinos who want
to immigrate abroad, pointing out the locations
and telephone numbers of the offices they openly
maintain in Manila. One even discloses that the
firm charges $200.00 for initial consultation,
and that it accepts major credit cards.
Are these alien lawyers engaged in the practice
of law in the Philippines?
It can be argued that they are not actually
engaged in the practice of law in the country
because whatever legal advice they dispense and
legal representation they provide do not involve
the application or interpretation of Philippine
laws or rules, and they do not represent their
clients before Philippine courts or quasi-judicial
bodies. One even ends his internet columns with
the pre-emptive disclaimer that:
“This is for informational purposes only, and
reflects the firm’s opinions and views on general
issues. Each case is different and results may
depend on the facts of a particular case. All
immigration services are provided by an active
member of the State Bar of California and/or
by a person under the supervision of an active
member of the State Bar. No prediction,
warranty or guarantee can be made about the
results of any case. Should you need or want legal
advice, you should consult with and retain
counsel of your own choice.”
But this argument is inconsistent with the
“modern concept of the practice of law” defined
in Cayetano vs. Monsod, 201 SCRA 210, 214
[1991]:
“Practice of law means any activity, in or out of
court, which requires the application of law,
legal procedure, knowledge, training and
experience. ‘To engage in the practice of law is
to perform those acts which are characteristics of
the profession. Generally, to practice law is to
give notice or render any kind of service, which
device or service requires the use in any degree of
legal knowledge or skill.”
And in Ulep vs. The Legal Clinic Inc., 223
SCRA 378, 400 [1993], the Supreme Court
said:
©Eliza Den A. Devilleres 4-Manresa
“What is palpably clear is that respondent
corporation gives out legal information to
laymen and lawyers. Its contention that such
information is non-advisory and non-diagnostic
is more apparent and real. In providing
information, for example, about foreign laws on
marriage, divorce and adoption, it strains the
credulity of this Court that all that respondent
corporation will simply do is look for the law,
furnish a copy thereof to the client, and stop
there as if it were merely a bookstore. With its
attorneys and so called paralegals, it will
necessarily have to explain to the client the
intricacies of the law and advise him or her on
the proper course of action to be taken as may be
provided for by said law. That is what its
advertisements represent and for which services
it will consequently charge and be paid. That
activity falls squarely within the jurisprudential
definition of ‘practice of law.’ Such a conclusion
will not be altered by the fact that respondent
corporation does not represent clients in court
since law practice, as the weight of authority
holds, is not limited merely to court appearances
but extends to legal research, giving legal advice,
contract drafting, and so forth.”
Given the foregoing, the foreign lawyers and law
firms are clearly engaged in the practice of law
in the Philippines. Are they authorized to do so?
Consider that Art. XII, Sec. 14 of the
Constitution provides in part that “the practice
of all professions in the Philippines shall be
limited to Filipino citizens, save in cases
prescribed by law”. With respect to the legal
profession, only the Supreme Court has the
power to promulgate rules concerning the
admission thereto (Philippine Constitution, Art.
VIII, Sec. 5 [5]).
“The practice of law is not a natural, absolute,
or constitutional right to be granted to everyone
who demands it. Rather, it is a high personal
privilege limited to citizens of good moral
character, with special educational
qualifications, duly ascertained and certified.”
(In Re: Al C. Argosino, 246 SCRA 14, 17
[1995])
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 Practice Court 2 (2019-2020)
From the lectures of Judge Maria Eliosa Maglana
“…in the absence of constitutional or statutory
authority, a person who has not been admitted
as an attorney cannot practice law for the proper
administration of justice cannot be hindered by
the unwarranted intrusion of an unauthorized
and unskilled person into the practice of law.
That policy should continue to be one of
encouraging persons who are unsure of their legal
rights and remedies to seek legal assistance only
from persons licensed to practice law in the
state.” (Ulep, supra, p. 405)
Pursuant to its constitutional authority, the
Supreme Court promulgated the Rules of Court,
Rule 138 of which pertains to attorneys and
admission to the bar. The basic requirement for
admission to the Philippine Bar is Philippine
citizenship (Rule 138, Sec. 2).
In Dacanay vs. Baker & McKenzie, 136 SCRA
349, 350-351 [1985], the Supreme Court said:
“… Baker & McKenzie, being an alien law firm,
cannot practice law in the Philippines. As
admitted by respondents in their memorandum,
Baker & McKenzie is a professional partnership
organized in 1949 in Chicago, Illinois with
members and associates in 30 cities around the
world. x x x
“As pointed out by the Solicitor General,
respondents’ use of the firm name Baker &
McKenzie constitutes a representation that
being associated with the firm they could ‘render
legal services of the highest quality to
multinational business enterprises and others
engaged in foreign trade and investment’. This is
unethical because Baker & McKenzie is not
authorized to practice law here.” (Citations
omitted.)
The prohibition is subject to a single exception:
American citizens who became duly licensed
members of the Philippine Bar before July 4,
1946 can continue practicing law in the
Philippines (Rule 138, Sec. 3). But in view of
the relative youth of the alien immigration law
specialists, it is safe to say they are not among
those American lawyers who have been
practicing law in the Philippines before said
time.
©Eliza Den A. Devilleres 4-Manresa
Arts. VIII or XII of the Constitution, Rule 138
of the Rules of Court, the December 18, 1946
Supreme Court Resolution, Ulep, and Dacanay
have not been amended, repealed, or modified. It
is therefore evident that the practice of law in
the Philippines is reserved solely for Filipinos,
and only Filipinos can be admitted to the
Philippine Bar. Thus it follows that the alien
lawyers and law firms are not authorized to
engage in the practice of law in the country.
Now some may say that the alien lawyers do not
even need to be authorized to practice law in the
Philippines or to become members of the
Philippine Bar because they are very qualified,
even more so than local lawyers, to provide the
legal services they advertise. In fact, the
International Bar Association has adopted a
resolution calling for the “Regulation of Foreign
Lawyers” as practitioners of foreign law for the
limited purpose of permitting them to practice
the law of their home jurisdiction in the host
jurisdiction without examination or full
admission to the host bar. Moreover, the
Philippines ratified the World Trade
Organization (WTO) Agreement, part of which
refers is General Agreement on Trade in Services
(GATS) Schedule which pertains to cross-border
practice of professions
However, the GATS is not self-executing,
as Congress must pass a law to enable
foreign professionals to practice in the
country (Excerpts from the Address delivered by
Justice Dante O. Tinga at the Commencement
Exercises of the Ateneo de Manila School of Law
on April 27, 2008
[http://sc.judiciary.gov.ph/publications/bench
mark/2008/05/050827.php]). Or at the very
least, the Supreme Court should revise the Rules
of Court to allow foreign lawyers to engage in
limited practice
(http://www.edangara.com/content/opening-
philippine-legal-profession).
No such law or rule exists at present. Thus while
the alien lawyers may be qualified to provide
legal services on their field of specialization, they
are presently disqualified from doing so in the
country.
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 Practice Court 2 (2019-2020)
From the lectures of Judge Maria Eliosa Maglana
(This post is a revision of the author’s article that
was published in the December 31, 2006 issue
of The Lawyers Review)
o THE LGBT RIGHTS vis-à-vis GENDER
ISSUES AND EQUALITY OF RIGHTS
AND PRIVILEGES – Remember the famous
issue on the C.R.?
Q: Is that included in the basic human rights
defined under the Constitution? What is the
definition of human rights? What are the
inclusion of basic human rights? What does
the Family Code and its amendments say
about same-sex marriage? Now divorce bill is
being pursued. But so far all over the world
we have no divorce law. So far we have
annulment which is so difficult. How can
you prove annulment, taking into
consideration the most abused psychological
incapacity as ground? How will you
substantiate or justify your answers as to
these issues? What kind of amendments to
our existing laws do you consider relevant
this time? What legal remedy would you
provide to those separated-in-fact for a
considerable number of yrs without divorce
or petition for annulment fails? What do you
think is the solution for these problems
proliferating in society? Maraming live-in to
avoid legal complications later. For example,
in Facebook maraming naka post na
relationship is complicated. How will you
address that legally?
Those are some areas in which your critical thinking is
being challenged. As law students you will tackle that.
So now practice answering my questions in your own
terms; in your own words of how you appreciate laws
and jurisprudence. There are already some decided by
the SC. For example, relevant jurisprudence as to the
application of Article 26 of the Family Code. Keep that
in mind. If you’re divorced and you are the foreign
partner, in which case you can remarry, what about the
1
Check attachment The Cybercrime Prevention Act of 2010
©Eliza Den A. Devilleres 4-Manresa
Filipino partner divorced to the foreign partner but
cannot remarry? What is the requirement as to the xx
you can now file a petition in court for the recognition
of the judicial decree of divorce, although we don’t
have a divorce law. What are the requirements? How
should the court resolve it? What are the existing
jurisprudence as to it? There are jurisprudence very
limited. The SC took it as case to case basis in the same
way as RTCs who receive those petitions resolve or
decide those cases depend on a case-to-case basis. It
depends on the particular circumstances of the party-
litigants and the court proceedings and trial.
o PRIVACY RIGHTS AND
COMMUNICATION OF LAWYERS we
know that there is a lawyer-client privilege
communication.
Q: How about the EMERGENCE OF SOCIAL
MEDIA? How about the comments of party-litigants
posted in social media? How is it sanctioned by the
cybercrime law?1
So those are some points that we can consider. You
answer it personally my questions. Those are problem
areas in legal ethics. There is no specific answer; no
specific jurisprudence but it depends on how we
accurately apply or interpret existing laws. We don’t
have laws at the moment. But these are emerging legal
issues. These can be part of the bar questions. That is a
test to how you apply laws, jurisprudence and your
personal value and personal culture. How you
appreciate the law, or how do you differentiate laws and
jurisprudence.
EXAMPLES:
o There is a person charged with inciting to
sedition for having led a demonstration in-
front of a city hall. For example galit kay
Mayor Sara. They are shouting na Sara should
resign. Kung di cya magresign, they will force
her out of her office. What about if the lawyer
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 Practice Court 2 (2019-2020)
From the lectures of Judge Maria Eliosa Maglana
of the accused in a pending criminal case,
holds a conference in which he denounced
Mayor Sara for making false charges against
his client. What does the COPR say about
this? It happened in the case of…
FORTUN
Although the case did not reach the SC. That
was the case of Erap and he was interviewed in
media and he mentioned something against the
case while it is pending.
Q: Is that contemptuous? Is your comment in
the merits of the case out of court, does this
have a tendency to influence the judge? What
does the COPR say about this? What is the role
of the judge? As to the judge what is the issue?
As to the judge, how will he take this? Is it
proper for the lawyer to join the rally of
his/her client? To promote the advocacy of the
client, does the lawyer have to get involved in
the cases of his client? To what extent can you
be involved in the cases of your client? How
will you answer if these questions are posted?
SUGGESTED ANSWER:
SUB-JUDICE RULE
Remedial Law; Special Civil Actions; Indirect
Contempt; Sub Judice Rule; The sub judice rule
restricts comments and disclosures pertaining
to the judicial proceedings in order to avoid
prejudging the issue, influencing the court, or
obstructing the administration of justice.—The
sub judice rule restricts comments and
disclosures pertaining to the judicial
proceedings in order to avoid prejudging the
issue, influencing the court, or obstructing the
administration of justice. A violation of this rule
may render one liable for indirect contempt
under Sec. 3(d), Rule 71 of the Rules of Court,
which reads: Section 3. Indirect contempt to be
punished after charge and hearing.—x x x a
person guilty of any of the following acts may be
punished for indirect contempt: x x x (d) Any
improper conduct tending, directly or
indirectly, to impede, obstruct, or degrade the
administration of justice[.]
©Eliza Den A. Devilleres 4-Manresa
Same; Same; Same; Sub Judice Rule; The
specific rationale for the sub judice rule is that
courts, in the decision of issues of fact and law
should be immune from every extraneous
influence; that facts should be decided upon
evidence produced in court; and that the
determination of such facts should be
uninfluenced by bias, prejudice or sympathies.—
For a comment to be considered as contempt of
court “it must really appear” that such does
impede, interfere with and embarrass the
administration of justice. What is, thus, sought
to be protected is the all-important duty of the
court to administer justice in the decision of a
pending case. The specific rationale for the sub
judice rule is that courts, in the decision of
issues of fact and law should be immune from
every extraneous influence; that facts should be
decided upon evidence produced in court; and
that the determination of such facts should be
uninfluenced by bias, prejudice or sympathies
(Marantan vs. Diokno, 716 SCRA 164, G.R.
No. 205956 February 12, 2014)
o What if you’re a prosecutor and during your
preliminary investigation of the case w/n
there is probability to indict the accused.
Q: What if during the preliminary investigation,
the prosecutor finds an exculpatory
circumstance?
For example, in a M/H case, the victim acted in
self-defense and the prosecutor is convinced that
the victim has acted in self-defense. There are 2
things here: 1.) A crime is committed. The
respondent has probably committed it; 2.)
However, there is also evidence convincing that the
respondent acted in self-defense.
Q: Should the Pub. Prosec. File the case in court
or not? What is your answer? Yes or no? How will
you defend your answer? What are the laws and
jurisprudence applicable? Should the prosecutor
file it? That is left the discretion of the court to
pass upon. Is the prosecutor allowed discretion or
is it mandatory for the prosecution? What is the
purpose of resulting to dismiss or resulting to file
the case in court?
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SUGGESTED ANSWER:
Remedial Law; Criminal Procedure;
Preliminary Investigation; Judicial Review; A
public prosecutor’s determination of probable
cause — that is, one made for the purpose of
filing an information in court — is essentially an
executive function and, therefore, generally lies
beyond the pale of judicial scrutiny.—A public
prosecutor’s determination of probable cause —
that is, one made for the purpose of filing an
information in court — is essentially an
executive function and, therefore, generally lies
beyond the pale of judicial scrutiny. The
exception to this rule is when such
determination is tainted with grave abuse of
discretion and perforce becomes correctible
through the extraordinary writ of certiorari. It is
fundamental that the concept of grave abuse of
discretion transcends mere judgmental error as
it properly pertains to a jurisdictional
aberration. While defying precise definition,
grave abuse of discretion generally refers to a
“capricious or whimsical exercise of judgment as
is equivalent to lack of jurisdiction.” Corollary,
the abuse of discretion must be patent and gross
so as to amount to an evasion of a positive duty
or a virtual refusal to perform a duty enjoined
by law, or to act at all in contemplation of law.
To note, the underlying principle behind the
courts’ power to review a public prosecutor’s
determination of probable cause is to ensure
that the latter acts within the permissible
bounds of his authority or does not gravely
abuse the same. This manner of judicial review
is a constitutionally-enshrined form of check
and balance which underpins the very core of
our system of government.
Same; Justifying Circumstances; Burden of
Proof; Jurisprudence holds that when the
accused admits killing the victim, but invokes a
justifying circumstance, the constitutional
presumption of innocence is effectively waived
and the burden of proving the existence of such
circumstance shifts to the accused.—Neither can
the dismissal of the murder charge against
Dangupon be sustained in view of his
presumption of innocence. Jurisprudence holds
that when the accused admits killing the victim,
but invokes a justifying circumstance, the
©Eliza Den A. Devilleres 4-Manresa
constitutional presumption of innocence is
effectively waived and the burden of proving the
existence of such circumstance shifts to the
accused. (Aguilar vs. Department of Justice ,
705 SCRA 629, G.R. No. 197522 September
11, 2013)
o There is a case instituted by a private
individual against the gov’t and it reached the
SC. While the case is pending before the SC,
the lawyer is interviewed again, and the lawyer
criticize the proceedings of the SC. Or the SC
has just rendered the decision and you
criticized the decision of the SC. Remember
the case has not yet attained finality and you
criticized the decision of the SC in public.
Q: Will that be a case of contempt of court? Will
that be a case of subjudice?
SUGGESTED ANSWER:
1. CONTEMPT; POWER TO PUNISH FOR
CONTEMPT IS INHERENT IN ALL
COURTS OF SUPERIOR JURISDICTION. —
That the power to punish for contempt is
inherent in all courts of superior jurisdiction
independently of any special expression of
statute, is a doctrine or principle uniformly
accepted and applied by the courts of last resort
in the United States, which is applicable in this
jurisdiction since our Constitution and courts
of justice are patterned after those of that
country.
2. ID.; CRITICISM OR COMMENT ON
DECISIONS OF SUPREME COURT,
EXTENT AND SCOPE OF. — Mere criticism
or comment on the correctness or wrongness,
soundness or unsoundness of the decision of
the court in a pending case made in good faith
may be tolerated; because if well founded it may
enlighten the court and contribute to the
correction of an error if committed; but if it is
not well taken and obviously erroneous it
should, in no way, influence the court in
reversing or modifying its decision.
3. ID.; ID. — To hurl the false charge that this
Court has been for the last years committing
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From the lectures of Judge Maria Eliosa Maglana
deliberately "so many blunders and injustices,"
that is to say, that it has been deciding in favor
of one party knowing that the law and justice is
on the part of the adverse party and not on the
one in whose favor the decision was rendered,
would tend necessarily to undermine the
confidence of the people in the honesty and
integrity of the members of this court, and
consequently to lower or degrade the
administration of justice.
4. ID.; ID. — The Supreme Court of the
Philippines is, under the Constitution, the last
bulwark to which the Filipino people may repair
to obtain relief for their grievances or protection
of their rights when these are trampled upon,
and if the people lose their confidence in the
honesty and integrity of the members of this
court and believe that they can not expect
justice therefrom, they might be driven to take
the law into their own hands, and disorder and
perhaps chaos would be the result.
5. ID.; ATTORNEYS-AT-LAW; DUTIES
TOWARD THE SUPREME COURT. — As a
member of the bar and an officer of the courts,
Attorney V. S., like any other, is in duty bound
to uphold the dignity and authority of this
Court, to which he owes fidelity according to
the oath he has taken as such attorney, and not
to promote distrust in the administration of
justice. Respect to the courts guarantees the
stability of other institutions, which without
such guaranty would be resting on a very shaky
foundation.
6. ID.; CONSTITUTIONAL LAW;
FREEDOM OF SPEECH AND OF THE
PRESS; MAINTENANCE OF
INDEPENDENCE OF THE JUDICIARY. —
The constitutional guaranty of freedom of
speech and the press must be protected to its
fullest extent, but license or abuse of liberty of
the press and of the citizen should not be
confused with liberty in its true sense. As
important as the maintenance of an unmuzzled
press and the free exercise of the rights of the
citizen, is the maintenance of the independence
of the judiciary.
©Eliza Den A. Devilleres 4-Manresa
7. ID.; ID.; ID.; ID. — The administration of
justice and the freedom of the press, though
separate and distinct, are equally sacred, and
neither should be violated by the other. The
press and the courts have correlative rights and
duties and should cooperate to uphold the
principles of the Constitution and laws, from
which the former receives its prerogative and
the latter its jurisdiction. The right of legitimate
publicity must be scrupulously recognized and
care taken at all times to avoid impinging upon
it. In a clear case where it is necessary, in order
to dispose of judicial business unhampered by
publications which reasonably tend to impair
the impartiality of verdicts, or otherwise
obstruct the administration of justice, this
Court will not hesitate to exercise its undoubted
power to punish for contempt. This Court must
be permitted to proceed with the disposition of
its business in an orderly manner free from
outside interference obstructive of the
constitutional functions. This right will be
insisted upon as vital to an impartial court, and,
as a last resort, as an individual exercises the
right of self-defense, it will act to preserve its
existence as an unprejudiced tribunal.
([January 21, 1949.] In re VICENTE SOTTO, for
contempt of court)
Q: If you are a RTC judge criticizing the decision
of another RTC judge in a newspaper. Will your
that be considered contemptuous or sanctioned
by the code of judicial ethics? Will that be
considered unethical? For example, the decision
is favorable and not adverse. Then you expressed,
“I expected another decision.” Will that be
contemptuous? Will that be against judicial
authority?
o There’s a decision favorable to your client.
However, when you read the decision, you
know by heart and conscience that the finding
of fact of court is erroneous and not supported
by evidence. The losing party files appeal or
MFR citing the error of judgement of findings
of fact that it wrong.
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From the lectures of Judge Maria Eliosa Maglana
Q: Will you oppose the motion? Will you keep
quiet? Anyway the judgement is favorable to you?
How will you weigh between your duty to the
court or duty to the client as lawyer? Which is
over and above? What does the COPR say about
it?
o You are hired as lawyer of the 3 accused. In
the course of you engagement with the 3
accused, you received info from these 3 diff.
accused. You gave them advise. Lawyer-client
relationship has been established. In the
course of trial, one of the accused turned as
state witness. The issue here is as to the
privilege communication or the rule of
confidentiality.
Q: Will the acceptance of one of the accused of
being a state witness considered a waiver of the
lawyer-client privilege communication or the rule
on confidentiality? Will you oppose the motion
to have the accused turn into a state witness
considering all the facts and evidences that you
have received or gathered from them? What is the
rule on confidentiality? Is it perpetual? What are
its exceptions? Will that be effective even during
trial or only effective during trial? Or even before
acceptance of the engagement during the initial
interview/communication?
SUGGESTED ANSWER:
Rule 15.02 – A lawyer shall be bound by the
rule on privilege communication in respect of
matters disclosed to him by a prospective
client.
Rule on Revealing Client’s Identity
General Rule: A lawyer may not invoke
privilege communication to refuse revealing a
client’s identity. (Regala vs. Sandiganbayan, 262
SCRA 122, September 20, 1996)
Exceptions:
When by divulging such identity, it would
implicate the client to that same controversy for
which the lawyer’s services were required.
It would open client to civil liability
©Eliza Den A. Devilleres 4-Manresa
The disclosure of such identity will provide for
the only link in order to convict the accused,
otherwise, the government has no case.
Requisites of Privileged Communication:
-Atty.-client relationship (or a kind of
consultancy relationship with a prospective
client.
-Communication made by client to lawyer in the
course of lawyer’s professional employment
-Communication is intended to be confidential
(see Rule 130, Sec. 21(b), Rules of Court)
When communication is not privileged:
-after pleading has been filed
-communication intended by the client to be
sent to a third person through his counsel (it
loses its confidential character as soon as it
reaches the hands of third person)
-Even if the communication is unprivileged, the
rule of ethics prohibits him from voluntarily
revealing or using to his benefit or to that of a
third person, to the disadvantage of the client,
the said communication unless the client
consents thereto.
This is applicable to students under the Student
Practice Law Program
Q: What if you know that that particular accused is
the least guilty? But if he turns into a state witness, it
will be detrimental to the other 2 accused, how will
you consider that? NOTE: You are the lawyer of the
3. Is the L-C relationship being severed by acceptance
of accused to be a state witness? Is it a waiver to the
privilege?
We’ll go back to one decision.
Q: If you are going to file a MFR also notwithstanding
that the decision is favorable to you, what will be your
ground or your basis? How will you address the court?
How will you point out that there is error of
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From the lectures of Judge Maria Eliosa Maglana

judgement? That although the decision is correct, the
facts appreciated are wrong.
So those are questions that you need to dig much
deeper.
For example, during the pendency of the quo warranto
petition, the CJ herself discussed in one of the
gatherings of lady judges, some of the issues involved in
the xx. There was also an attempt to file an
impeachment against her. She discussed some of the
issues in public regarding the probable and improbable
pending impeachment trial.
Q: What is the rule on subjudice? Can the CJ be
indicted for contempt?
the President – he being a lawyer and being the chief
executive of the country. What are the ethical
standards? What does the Constitution mention
about national emergency? Does it include health
emergency? What is police power and its extent in
this time of need? You need to tackle those issues
and what will be your answers?
“Be ye strong therefore, and let not your hands be weak:
for your work shall be rewarded.”
2 Chronicles 15:7 KJV

Some opinions of the justices say that it is DIRECT

CONTEMPT. Anyway, that is already moot and
academic. But even if it’s direct contempt, she cannot
be charged in court. Why? She can be charged of
contempt of court later when she is removed.
REMOVED BY IMPEACHMENT OR QUO
WARRNATO BEFORE CONTEMPT CHARGES
TO BE FILED AGAINST THE CHIEF JUSTICE.

Except for CJ, all other justices of the CA and judges,

they can be charged with direct contempt. They can
also be meted a penalty of 1-day imprisonment by the
SC is the case is pending with the SC. That is part of
the disciplinary powers of the SC regarding appellate
court justices and court judges.

*TIP: The COVID issues as to the powers of the

local executives might be part of your bar exam.
Ethical questions with regard to local chief
executives who are lawyers as to their local mandate.
What are their police powers? 1st time in the
Philippines – not lawless violence but health
emergency. How is police power being applied? That
can be a legal issue. How will you tackle that issues?
How will you answer questions relating to this? Go
back to your Admin. Law as to the powers of these
local chief executives. Also as to the fiscal powers of
the president – emergency budget. Is P2B enough for
the whole Phils? Can he be questioned? Can that be
(in case of failure – we hope not) a ground for the
president’s impeachment? This can be a question
not only in legal ethics b’coz the Pres. Is a lawyer but
can also be a question in political law. For us, what
are the ethical standards required to be followed by

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©Eliza Den A. Devilleres 4-Manresa