Professional Documents
Culture Documents
2015 Legal Ethics and Judicial Ethics
2015 Legal Ethics and Judicial Ethics
2015 Legal Ethics and Judicial Ethics
The purpose of these Notes is to test the candidate’s The reader is advised to take note of the areas
ability to answer hypothetical Bar questions, that may be marked with BAR.
similar to previous Bar questions or which may be based on
the doctrines enunciated in selected cases decided by the If pressed for time, the reader should read only the
Supreme Court up to March 2015. items marked BAR. These areas represent 70% to 80% of
the areas that would probably be given in the 2015 Bar
The questions are representative of probable exams. The reader should merely browse the areas the
questions that may be asked in the November 2015 Bar unmarked areas because they represent only 20% to 30%
Examinations in Legal and Judicial Ethics. of the areas that may probably be given this year.
1
AB (Econ), BSC (Acctg), LLB, MA (Econ), LLM, DCL
(Cand.). Practicing Lawyer-CPA-Customs Broker and WARNING:
Management Consultant, Professor of Law and Pre-Bar
Reviewer.
2
These materials are copyrighted and/or based on the affairs, whether in the practice of their profession or in
writer’s book 90 Years of the Bar and Beyond in Legal & their private affairs. This would assure the continued
Judicial Ethics (2015 ed.) and its future revisions. It is trust by the general public and the perpetuation of the
prohibited to reproduce any part of these Notes in any form law profession.
or any means, electronic or mechanical, including
photocopying without the written permission of the author.
3. What are the sources of legal ethics ?
These materials are authorized for the use only of Bar
SUGGESTED ANSWER: Among the sources of
reviewees the author has personally authorized.
legal ethics are the:
Unauthorized users shall not be prosecuted but SHALL BE
a. Constitution, specifically Sec. 5 (5), Art. VII,
SUBJECT TO THE LAW OF KARMA SUCH THAT THEY
the power of the Supreme Court to promulgate rules
WILL NEVER PASS THE BAR OR WOULD BE UNHAPPY
concerning pleading, practice and procedure, admission to
IN LIFE for stealing the intellectual property of the author.
the practice of law and Bar integration; Sec. 13, Art. VII on
the prohibition of the President and other executive officers
to practice law; Sec. 14, Art. VI, the prohibition for members
I. LEGAL ETHICS of Congress to personally appear in certain cases; Sec. 2,
Code of Professional Responsibility Art. IX-A the prohibition for members of the Constitutional
Commissions to practice law, and Sec. 8, Art. XI the
prohibition for the Ombudsman and his Deputies to practice
INTRODUCTION law.
b. Rules of Court such as the provisions of
1. What do you understand by legal ethics ? Sec. 7, Rule 85 prohibiting lawyer who is an executor or
SUGGESTED ANSWER: It is that branch of moral administrator to charge the estate for legal services; Sec. 21
law which treats of the duties that an attorney-at-law owes to (B), Rule 130, the privileged communication rule prohibition
his client, to the court, to the bar, and to the public. (Adapted a lawyer to testify on matters communicated to the lawyer by
from Jessup)
his client; Rule 138, Attorneys and Admission to the Bar;
DOCTRINE:
Rule 138-A, Law Student Practice; Rule 139, Disbarrment or
The highest moral and ethical standards in the law
suspension of Attorneys; and Rule 139-A, Integrated bar of
profession is important so that the general public would
the Philippines;
continue reposing their trust in lawyers and in the role they
c. Legislation like the provisions of the Civil
play in the efficient and speedy administration of justice.
Code of the Philippines specifically Article 1491(5)
This continued trust would in turn assure the
prohibiting lawyers from purchasing properties in litigation
continued existence of the law profession. and Article 2208 providing instances when attorney’s fees
may be awarded as damages even without stipulation; the
á2. What is the significance in the practice of provisions of the Revised Penal Code like Article 209
law of the maxim Non omne quod licet honestum est penalizing betrayal of trust by an attorney and Article
(Not everything that is legal is honorable) ? penalizing representation of conflicting interests by an
SUGGESTED ANSWER: The maxim posits that attorney; and Articles 203 and 222 of the Labor Code of the
the highest standard of morality should pervade the Philippines relative to attorney’s fees.
conduct of lawyers in their day to day conduct of their
3
d. Court decisions more specifically succession of acts of the same nature habitually or customarily
decisions of the Supreme Court interpreting rules of ethical holding one’s self to the public as a lawyer. When a respondent
conduct; (who is also a co-heir), appeared and represented not only
e. Canons of Professional Ethics; himself but his co-heirs, this is not isolated. This constitutes
“private practice” of the “law profession” as contemplated by law.
f. Code of Professional Responsibility;
(Ziga v. Judge Arejola, A.M. No. MTJ-99-1203, June 10, 2003)
g. Treatises, which are books containing formal Practice of law means any activity, in or out of court, which
and methodical exposition of the principles of ethics; and requires the application of law, legal procedure, knowledge,
h. Other sources such as interpretations of training and experience. To engage in the practice law is to
foreign courts or other tribunals of foreign ethical rules perform acts which are usually performed by members of the legal
adopted in the Philippines. profession. Generally, to practice law is to render any kind of
service which requires the use of legal knowledge or skill.
A. Practice of law (Rule 138) (Cayetano v. Monsod, 201 SCRA 210)
c. Publication of law books not practice of law where
they contain advice not intended to give specific advice to a
1. Concept
particular individual on a particular legal problem. (New York
County Lawyer’s Association v. Dacey, 21 N.Y. 2d 694)
ááá1. What constitute the practice of law ? d. Teaching law subjects not practice of law because the
SUGGESTED ANSWER: To constitute practice of law professor does not actually deal with clients whose rights are
law, the individual must customarily or habitually holds or may be the subject of legal controversies. (Minister of Justice
himself out to the public as a lawyer and demands Opinion No. 89, s. 1986)
compensation for any of the following services: e. Scrivening means filing the blanks in standard or
a. Giving legal advice or rendering any kind of stereotyped forms which involves pure clerical work without need
service that involves legal knowledge; for any legal interpretation. This is not considered as preparation
b. Appearance in court and conduct or of legal documents constituting practice of law.
litigation of cases in court;
c. Preparation of pleadings and other papers a) Privilege
incident to actions and special proceedings as well as the
drawing of deeds and other instruments of conveyancing. áá1. What is the nature of the practice of law ? Is
(People v. Villanueva, 121 Phil. 897) it a right or a privilege ? Explain briefly.
SUGGESTED ANSWER: The practice of law is not
NOTES AND COMMENTS: a natural, constitutional nor a statutory or property right but a
a. Practice of law to fall within the prohibition of statute mere privilege bestowed by the State on those who show
has been interpreted as customarily or habitually holding one’s self that they possess and continue to possess the qualifications
out to the public, as a lawyer and demanding payment for such required by law for the conferment of such privilege.
services. (State v. Bryan, 4 S.E. 522, 98 N.C. 644, 647) The (Bolongalanta v. Castillo, 240 SCRA 310, 313)
appearance as counsel on one occasion is not conclusive as The practice of law is not a property right but a mere
determinative of engagement in the private practice of law. privilege, and as such it must bow to the inherent power of
b. Practice requires habituality. It consists in frequent or
the Supreme Court to exact compliance with the lawyer’s
customary action, a succession of acts of the same kind. In other
words, it is frequent habitual exercise. public responsibilities. But as a guardian of the legal
The private practice of law is more than an isolated court profession, the Supreme Court is constrained to balance the
appearance, for it consists in frequent or customary action, a concern that a suspension may lead to the lawyer’s financial
4
woes with the injury he caused to the very profession he has law without a license. (Aguirre v. Rana, B.M. No. 1036, June 10,
vowed to uphold with honesty and fairness. (Artueza v. 2003)
Atty.Maderazo, A.C. No. 4354, April 22, 2002) c. The practice of law is not a right but a privilege
bestowed by the State on those who show that they possess the
NOTES AND COMMENTS: qualifications required by law for the conferment of such privilege.
a. Practice of law a mere privilege. Everyone (St. Louis University Laboratory High School (SLU-LHS) Faculty
should keep in mind that the practice of law is only a privilege. It is and Staff v. Dela Cruz, A. C. No. 6010, August 28, 2006)
definitely not a right. In order to enjoy this privilege, one must d. Private practice of law contemplates a succession of
show that he possesses, and continues to possess, the acts of the same nature habitually or customarily holding one’s self
qualifications required by law for the conferment of such privilege. to the public as a lawyer. (Lorenzana v. Fajardo, A. C. No. 5712,
One of those requirements is the observance of honesty and June 29, 2005 citing Office of the Court Administrator v. Ladaga,
candor. Candor in all their dealings is the very essence of a 350 SCRA 326, January 26, 2001) Practice is more than an
practitioner's honourable membership in the legal profession. isolated appearance for it consists in frequent or customary action,
Lawyers are required to act with the highest standard of a succession of acts of the same kind. (Lorenzana v. Fajardo,
truthfulness, fair play and nobility in the conduct of litigation and in supra)
their relations with their clients, the opposing parties, the other e. Privilege of membership in the bar is
counsels and the courts. They are bound by their oath to speak burdened with conditions. Membership in the bar is a privilege
the truth and to conduct themselves according to the best of their burdened by conditions. A lawyer has the privilege and right to
knowledge and discretion, and with fidelity to the courts and their practice law only during good behavior, and he can be deprived of
clients. [Philippine Association of Court Employees (PACE), etc., v. it for misconduct ascertained and declared by judgment of the
Alibutdan-Diaz, A.C. No. 10134, November 26, 2014 citing Sonic Steel court after opportunity to be heard has been afforded him. Without
Industries, Inc. v. Chua, AC No. 6942, July 17, 2013, 701 SCRA 340, 353] invading any constitutional privilege or right, an attorney’s right to
practice law may be resolved by a proceeding to suspend based
a. It is a special privilege bestowed only upon those on conduct rendering him unfit to hid a license or to exercise the
who are competent intellectually, academically and morally. A duties and responsibilities of an attorney. (St. Louis University
lawyer must at all times conduct himself, especially in his dealing Laboratory High School (SLU-LHS) Faculty and Staff v. Dela
with his clients and the public at large, with honesty and integrity in Cruz, A. C. No. 6010, August 28, 2006)
a manner beyond reproach. He must faithfully perform his duties “Membership in the legal profession is a special privilege
to society, to the bar, to the courts and to his clients. A violation of burdened with conditions. (Spouses Olbes v. Deciembre, AC –
the high standards of the legal profession subjects the lawyer to 5365, April 27, 2005 citing Leo v. Medel, 405 SCRA 228, July 1,
administrative sanctions by the Supreme Court which includes 2003 and various cases) It is bestowed upon individuals who are
suspension and disbarment. (Re: Adm. Case No. 44 of the RTC, not only learned in the law, but also known to possess good moral
Branch IV, Tagbilaran City, against Atty. Occena, A. C. No. 2841, character. A lawyer is an oath-bound servant of society whose
July 3, 2002) conduct is clearly circumscribed by inflexible norms of law and
b. The practice of law is limited to persons of good ethics, and whose primary duty is the advancement of the quest
moral character with special qualifications duly ascertained and for truth and justice, for which he [or she] has sworn to be a
certified. The exercise of this privilege presupposes possession of fearless crusader. (Ibid., citing Re: Administrative Case No. 44 of
integrity, legal knowledge, educational attainment, and even public the RTC, Br .IV, Tagbilaran City against Atty. Samiuel C. Occena;
trust since a lawyer is an officer of the court. 383 SCRA 636, 638, July 3, 2002, per curiam) Lawyers should
A bar candidate does not acquire the right to practice law act and comport themselves with honesty and integrity in a
simply by passing the bar examinations, The practice of law is a manner beyond reproach, in order to promote the public’s faith in
privilege that can be withheld even from one who has passed the the legal profession. (Ibid., citing Malecdan v. Pekas, 421 SCRA,
bar examinations, if the person seeking admission had practiced 7 January 26,2004 and other cases)
5
A high standard of excellence and ethics is expected and e. A lawyer may not solicit cases at law for the
required of members of the bar. (Ibid., citing Sanchez v. Somoso, purpose of gain, either personally or through paid agents or
412 SCRA 569 and other cases) Such conduct of nobility and brokers. (ROC, Rule 138, Sec. 27)
uprightness should remain with them, whether in their public or in
private lives, As officers of the court and keepers of the public’s
NOTES AND COMMENTS:
faith, they are burdened with the highest degree of social
a. In this day and age, members of the bar often
responsibility and are thus mandated to behave at all times in a
forget that the practice of law is a profession and not a business.
manner consistent with truth and honor. (Ibid., citing Sanchez v.
Lawyering is not primarily meant to be a money-making venture,
Somoso, supra; Sabayle v. Tandayag,158 SCRA 497, March 8,
and law advocacy is not a capital that necessarily yields profits.
1988)
The gaining of a livelihood is not a professional but a secondary
consideration., Duty to public service and to the administration of
2. What is the effect of the lawyer’s oath ? justice should be the primary consideration of lawyers, who must
SUGGESTED ANSWER: By taking the lawyer’s oath, subordinate their personal interests or what they owe to
an attorney becomes a guardian of truth and the rule of law, themselves. The practice of law is a noble calling in which
and an indispensable instrument in the fair and impartial emolument is a by-product, and the highest eminence may be
administration of justice. (Spouses Olbes v. Deciembre, AC – attained without making much money. (Burbe v. Atty. Magulata,
5365, April 27, 2005, citing Businos v. Atty. Ricafort, 347 Phil. 687; A.C. No. 99-634, June 10, 2002)
283 SCRA 407, December 22, 1997) b. Failure to pay the balance of attorney’s fees is not
sufficient to justify a lawyer’s failure to comply with his professional
b) Profession, not business obligation which does not depend for compliance with the payment
of lawyer’s fees. (Tan v. Lapak, G.R. No. 93707, January 23,
2001) This is so, because the law is a profession and not a
áá1. Why is law not a business but a profession business.
because ?
SUGGESTED ANSWER: áá 2. Who are non-members of the Bar who may
a. It is pursued by persons of technical or appear in court to conduct their own litigation ? (Who
scientific training requiring years of study; are those who are not lawyers but are allowed limited
b. It is a calling which requires the passing of an practice in Philippine courts ?)
appropriate examination; SUGGESTED ANSWER:
c. A lawyer cannot, without violating the ethics a. A party litigant. Appearance by a party
of his profession, advertise his talents or skill as a merchant litigant for and in his own behalf is known as pro se practice
advertises his wares; or practice in propria persona. A party litigant may appear
d. A lawyer, being an officer of the court, like before any administrative or judicial body.
other officers takes his office cum onere (with burdens) so b. Any official or other person appointed or
the court can oblige the lawyer to serve without designated in accordance with law to appear for the
compensation as counsel de oficio for destitute clients, government of the Philippines shall have all the rights of a
without violating the constitutional prohibition against taking duly authorized member of the bar to appear in any case in
of property without just compensation or without due which said government has an interest, direct or indirect.
process of law. (5 Am. Jur. 354) (ROC, Rule 138, Sec. 33)
c. A non-lawyer agent or friend of a party
litigant may, in a Municipal Trial Court, Municipal Circuit Trial
6
Court or Metropolitan Trial Court, be appointed by a party detention. When a person indicted for an offense is arrested, he is
litigant to conduct his litigation (ROC, Rule 138, Sec. 34), deemed in actual restraint of liberty in jail so that he may be bound
whether in civil or criminal cases. (Cantimbuhan v. Cruz, Jr., 126 to answer for the commission of the offense. He may only be
SCRA 144, 145) released if it is so authorized by the court to be released on bond
d. In localities where members of the bar are not or on recognizance. (People v. Hon. Maceda, etc., et al., G.R.
available the court may appoint any person, resident of the Nos. 898591-96, January 24, 2000)
province and of good repute, probity and ability, to defend
the accused. (ROC, Rule 116, Sec. 7) ááá6. Are lawyers allowed to solicit clients and to
e. A law student who has successfully advertise ? Why ? (Is it ethical for lawyers to solicit or
completed his 3rd year of the regular four-year prescribed advertise ?)
law curriculum, enrolled in a recognized law school’s clinical SUGGESTED ANSWER: No, for the following
legal education program approved by the Supreme Court reasons:
(ROC, Rule 138-A, Sec. 1), under the direct supervision and a. Lawyering is a profession and not a business and
control of a member of the Integrated Bar of the Philippines lawyers are not merchants. While lawyers are entitled to
duly accredited by the law school; all pleadings and other make a living, that does not furnish an excuse for plain lust
documents must be signed by the supervising attorney for for material wealth. Law advocacy is not capital that yields
and in behalf of the legal clinic (Sec. 2, Ibid.), and that there profits. (Canlas v. Court of Appeals, et al., 164 SCRA 160)
must be physical presence of the supervising lawyer during b. With the present situation of our legal and judicial
the hearing. (Bar Matter No. 730) system, to allow the publication of advertisements would
f. Non-lawyers may appear before the National only serve to aggravate what is already a deteriorating
Labor Relations Commission or any Labor Arbiter if they public opinion of the legal profession whose integrity has
represent themselves; if they represent their organization or consistently been under attack lately by media and the
members thereof (Art. 222, Labor Code); if they are duly- community in general. (Ulep v. Legal Clinic, Inc., 223 SCRA
accredited members of any legal aid office recognized by 378)
the Department of Justice or the IBP in cases referred to by
the latter (Kanlaon Construction Enterprises, Co., Inc. v. áá 7. What are the rules that prohibit
NLRC, 279 SCRA 337); or if they are engaged in “law advertising by lawyers ?
student practice.” SUGGESTED ANSWER:
1) A lawyer in making known his legal services shall
NOTES AND COMMENTS: use only true honest, fair, dignified and objective information
áa. While an agent or friend of the party litigant may be or statement of facts. (Canon 3, Code of Professional
appointed by a party litigant to represent him in cases before the Responsibility)
MTC, it may not be prudent to do so, considering certain technical 2) In making a claim regarding his qualifications or
rules, such as the complaint failing to state a cause of action, legal services, a lawyer shall not use or permit the use of
verification for all pleadings under summary procedure, etc. any false, fraudulent, misleading, deceptive, undignified,
b. An arrested person who is under detention may self-laudatory or unfair statements. (Rule 3.01, Canon 3, Ibid.)
not practice law. All prisoners whether under preventive
3) It is unprofessional to solicit professional
detention or serving final sentence can not practice their
profession (including the law profession) nor engage in any employment by circulars, advertisements, through touters or
business or occupation, or hold office, elective or appointive, while by personal communications or interviews not warranted by
in detention. This is a necessary consequence of arrest and
7
personal relations. (1st sentence, Canon 27, Canons of SUGGESTED ANSWER: No. The lawyer shall
Professional Ethics) not purchase any interest in the subject-matter of the
4) It is improper for a lawyer to permit his name to litigation which he is conducting. (Canon 10, CPE)
be published in a law list the conduct, management or DOCTRINES AND ILLUSTRATIVE CASES:
contents of which are calculated or likely to deceive or injure
a. The following persons cannot acquire by
the public of he profession, or to lower the dignity or
purchase, even at a public or judicial auction, either in
standing of the profession. (Canon 43, Ibid.)
person or through the mediation of another:
5) A lawyer shall not pay or give anything of value to
representatives of the mass media in anticipation of, or in
xxx xxx
return for, publicity to attract legal business. (Rule 3.04,
xxx
Canon 3, Code of Professional Responsibility)
b. The announcement in a newspaper that the
Justices, judges, prosecuting attorneys, clerks of
lawyer will give free legal advice to indigents, is a form of
superior and inferior courts, and other officers and
self-praise hence subject to discipline. (In re: Tagorda, 53
Phil. 37) employees connected with the administration of justice, the
property rights in litigation or levied upon on execution
before the court within whose jurisdiction or territory they
áá 7. When are the instances where a lawyer may
exercise their respective functions; this prohibition includes
advertise without violating ethical rules ? What are the
the act of acquiring by assignment and shall apply to
exceptions to the no advertising rule ?
lawyers, with respect to the property and rights which may
SUGGESTED ANSWER:
be the object of any litigation in which they may take part by
a. The customary use of simple professional cards.
virtue of their profession. [Art. 1491 (5), Civil Code of the
(last sentence, Canon 27, Canons of Professional Ethics)
Philippines, emphasis supplied]
b. Publication in reputable law lists in a manner
b. The prohibition does not find application in a
consistent with the standards of conduct imposed by the
contract for a contingent fee provided that the transfer or
Canons of Professional Ethics of brief biographical and
assignment of the property in litigation takes effect only after
informative data is permissible. Such data must not be
the finality of a favorable assignment. (Biascan v. Atty. Lopez,
misleading. (last par., Canon 27, Ibid., paraphrasing A.C.No. 4650, August 14, 2003
supplied) The writer does not agree with this holding as it is
c. Where a lawyer is engaged in rendering clear that the contract for a contingency fee, in this case,
specialized legal service directly and only to other lawyers, a would constitute one of champerty.
brief dignified notice of that fact, couched in language A lawyer entered his appearance in a special
indicating that it is addressed to lawyers, inserted in legal proceeding case which included the property covered by
periodicals and like publications, when it will afford TCT 34127. Subsequently, the property was assigned to
convenient and beneficial information to lawyers desiring to the lawyer to cover his contingent fees. Despite his
obtain such service is not improper. (Canon 46, Ibid.) knowledge that the property is part of the estate, and that
the special proceedings was still pending, he had the
BAR 8. May a lawyer purchase any interest property registered in his name. He was suspended for six
in the subject-matter of the litigation he is (6) months considering that in prior cases involving violation
conducting ?
8
of Art. 1491, the respondents were suspended for the same not supersede or detract from the inherent regulatory
period. power of the courts. (Sharod v. Hartfield, 210 N.W. 2d. 275)
c. Assignment to a lawyer of a portion of the
property levied by the sheriff for the satisfaction of a 2. What values must a lawyer cultivate in
judgment in favor of his client does not violate the Civil Code order to uphold the nobility, protect the integrity,
prohibition on prohibited acquisition if the property was not
and enhance the prestige of the law profession ?
involved in the litigation handled by the lawyer. (Daroy v.
Abecia, 298 SCRA 239) SUGGESTED ANSWER:
The prohibition does not find application in a contract a. Competence. The legal knowledge, skill,
for a contingent fee provided that the transfer or assignment thoroughness and preparation necessary for
of the property in litigation takes effect only after the finality representing a client in a specific case. It may be
of a favorable assignment. Biascan v. Atty. Lopez, A.C.No. defined as the educated ability of a lawyer to relate the
4650, August 14, 2003 The writer does not agree with this general body and philosophy of law into a specific legal
holding as it is clear that the contract for a contingency fee, problem.
in this case, would constitute one of champerty. b. Integrity. The ethical standards of the legal
profession which are vital because of the fiduciary
nature of the attorney-client relationship. (Lawline v.
BAR 9. Corporate practice of law is not American Bar Association, 956 F.2d 1378 [7th Cir.])
allowed because:
a. A lawyer is burdened with peculiar duties and 3. Are you in favor of abolishing the Bar
responsibilities which must be performed personally. Examinations ?
b. a lawyer takes an oath of office and being an SUGGESTED ANSWER: Yes. Numerous
officer of the law may be subject to court discipline. criticisms on the supposed efficacy of the Bar
(Matter of Cooperative Law Co., 198 N.Y. 579) examinations in determining the technical capability of
a person to practice law have been advanced. Some
BAR 10. The continued use of the name of a of the questions given do not truly measure the entry
deceased partner is permissible provided that the level technical competence of the candidates. There is
firm indicates in all its communication that the firm no empirical study made to determine the relation
indicates in all its communications, that said partner is between the questions given and the desired skills to
deceased. (Rule 3.02, Canon 3, Code of Professional be measured.
Responsibility) Furthermore, the expenses for reviewing and
taking the Bar examinations (specially for provincial
2. Qualifications candidates), are so high that some deserving
candidates are discouraged from taking the Bar
1. The role of the legislature in regulating examinations.
the legal profession is merely to aid the judiciary COMMENTS: Despite all the criticism there are still
through statutory enactment. The legislature should no viable alternatives to replace the Bar examinations,
9
Further in-depth study should be undertaken to determine pre-bar review at U.S.T. and not at PLS as originally
the feasibility of various proposals. manifested.
The Supreme Court however noted its growing
4. If you are in favor of abolishing the Bar concern over the apparent laxity of law schools in the
Examinations, what alternatives would you conduct of their pre-bar review classes. Specifically, it has
suggest to replace the same ? been observed that the attendance of reviewees is not
closely monitored, such that some reviewees are able to
SUGGESTED ANSWER:
comply with the requisite minimal attendance. Enrollment
Among some of the alternatives to replace the and completion of pre-bar review course is an additional
examination process are: requirement under Rule 138 of the Rules of Court for those
a. Strengthening law education through a who failed the bar examinations for three (3) or more times.
revision of curricular offerings, faculty development, (Re: 1999 Bar Examinations Mark Anthony A. Purisima, B.M. Nos.
stricter monitoring of law school facilities, faculty and 979 & 986, December 10, 2002)
support services to weed out deficient law schools.
b. A uniform nationally administered and more 3. Appearance of non-lawyers
stringent law school entrance admission requirements.
c. A realistic court supervised apprenticeship a) Law student practice (Rule 138-A)
system which requires law student to undergo
apprenticeship both with the public and private sectors. b) Non-lawyers in courts
d. Transfer of supervision of law schools from
c) Non-lawyers in administrative
the Executive Department to the Judicial Department.
tribunals
e. Strict implementation of the mandatory
continuing legal education. d) Proceedings where lawyers are
prohibited from appearing
5. What are the requisites for becoming an
attorney-at-law ?
SUGGESTED ANSWER:
a. Passing the bar examination; 4. Sanctions for practice or appearance without
b. Taking the lawyer’s oath administered by authority
the Supreme Court; and
c. Signing in the Roll of Attorneys. a) Lawyers without authority
Thus, a person who has passed the Bar and
took his oath is notyet a full-pledged lawyer, if he has b) Persons not lawyers
not signed in the Roll of Attorneys. (Aguirre v. Ranba, B.
M. No. 1036, June 10, 2003) BAR 4. What is the penalty to be imposed
DOCTRINES AND ILLUSTRATIVE CASE upon a person who masquerades as a lawyer ?
A passer in the 1999 Bar Exams was finally allowed SUGGESTED ANSWER: Contempt of court, severe
to take his oath after it was proven that he actually took a censure and three (3) months imprisonment. Reason: The
10
highly fraudulent and highly improper conduct tended I impose upon myself this voluntary obligation
directly to impede, obstruct, degrade, and make a mockery without any mental reservation or purpose of evasion.
of the administration of justice. (Manangan v. Court of First So help me God.
Instance of Nueva Vizcaya, Branch 28, 189 SCRA 217)
If the impersonator was able to collect attorneys fees BAR 2. Duties of an attorney under the
on the representation that he is a lawyer, he may even be
charged with estafa.
Rules of Court: “It shall be the duty of an attorney:
a. To maintain allegiance to the Republic of the
5. Public officials and practice of law Philippines and to support the Constitution and obey
the laws of the Philippines;
a) Prohibition or disqualification of b. To observe and maintain the respect due to
former government attorneys the courts of justice and judicial officers;
c. To counsel or maintain such actions or
b) Public officials who cannot practice proceedings only as appear to him to be just, and such
law or with restrictions defenses only as he believes to be honestly debatable
under the law;
6. Lawyers authorized to represent the d. to employ, for the purposes of maintaining
government the causes confided to him, such means only as are
consistent with truth and honor, and never seek to
7. Lawyer’s oath mislead the judge or any judicial officer by an artifice or
false statement of fact or law;
***1. State in substance the lawyer’s oath of e. To maintain inviolate the confidence, and at
office. every peril to himself, to preserve the secrets of his
SUGGESTED ANSWER: I (name of lawyer) do client, and to accept no compensation in connection
solemnly swear that: with is client’s business except from him or with is
I will maintain allegiance to the Republic of the
knowledge and approval;
Philippines;
I will support its constitution and obey the laws as
f. To abstain from all offensive personality and
well as the legal orders of the duly constituted authorities to advance no fact prejudicial to the honor or reputation
therein; of a party or witness, unless required by the justice of
I will do no falsehood nor consent to the doing of any the cause with which he is charged;
in court; g. Not to encourage either the commencement
I will not wittingly nor willingly promote or sue any or the continuance of an action or proceeding, or delay
groundless, false or unlawful suit, or give aid nor consent to any man’s cause, for any corrupt motive or interest;
the same; h. Never to reject, for any consideration
I will delay no man for money or malice, and personal to himself, the cause of the defenseless or
Will conduct myself as a lawyer according to the best oppressed;
of my knowledge and discretion, with all good fidelity as well
to the courts as to my clients; and
11
i. In the defense of a person accused of a national or local government is accused of an
crime, by all fair and honorable means, regardless of offense committed in relation to his office;
his personal opinion as to the guilt of the accused, to 3) Not collect any fee for their
present every defense that the law permits, to the end appearance in administrative proceedings
that no person may be deprived of life or liberty, but by involving the local government unit of which he
due process or law.” (Sec. 20, Rule 138, Rules of Court) is an official; and
4) Not use property and personnel of the
BAR 3. A lawyer shall not after leaving the Government except when the sanggunian
government service accept engagement or member concerned is defending the interest of
employment in connection with any matter in which he the government. [Sec. 90 (b), Ibid.]
had intervened while in said service . (Rule 6.03, Canon 6,
Code of Professional Responsibility) Government lawyers prohibited to be
appointed as PLEB members. The prohibition against
BAR: 4. Retired members of the judiciary government officials and employees, whether elected or
receiving pensions from the government should not appointed, from concurrently holding any other office or
practice law. position in the government is worded as, ”Unless otherwise
allowed by law or by the primary functions of his position, no
appointive official shall hold any other office or employment
BAR 5. What are the disqualification’s of in the Government, or any subdivision, agency or
lawyers who are local government officials ? instrumentality thereof, including government-owned or
SUGGESTED ANSWER: controlled corporations or their subsidiaries.” [Sec .7 .Article
a. All governors, city and municipal mayors are IX-B, 1987 Philippine Constitution; Sec. 54 (3),Chapter 7, Title I
prohibited from practicing their profession other than (A), Book V of the Administrative Code of 1987 and Section 94 (a)
the exercise of their functions as local chief executives. of the Local Government Code of 1991]
[Sec. 90 (a), Rep. Act No. 7160, Local Government Code] Sec. 43 (c), Rep. Act No. 6975 which provides “(c)
Compensation. Membership in the PLEB is a civic duty.
b. Sanggunian members may practice their
However, PLEB members may be paid per diem as may be
professions except during session hours: provided that determined by the city or municipal council from city or
the sanggunian members who are also members of the municipal funds,” pertains only to the compensation of PLEB
Bar shall: members. It cannot be construed as an exception to the
1) Not appear as counsel before any Constitutional and statutory prohibition against dual or
court in any civil case wherein a local multiple appointments of appointive public employees.
government unit or any office, agency, or The respondent lawyer failed to establish that his
instrumentality of the government is the adverse primary functions as Legal Officer of the Manila Urban
party; Settlements Office allow his appointment as PLEB member,
2) Not appear as counsel in any criminal an exception to dual appointments prohibited by the
case wherein an officer or employee of the Constitution and the statures. Acceptance of the
appointment as PLEB member being contra leges is
likewise a violation of the Canon 1 of the Code of
12
Professional Responsibility, and the Attorney’s Oath.
(Lorenzana v. Fajardo, A. C. No. 5712, June 29, 2005) e) Participation in legal education
program
Government lawyers may be appointed as a
member of the Barangay’s Lupong Tagapamayapa. BAR 2. What is good moral character ?
Government officials and employees may sit as lupon or pangkat
When should a lawyer possess good moral
members. Sec. 406 (b) of the Local Government Code,
character ?
provides “xxx While in the performance of their duties, the
lupon or pangkat members, whether in public or private SUGGESTED ANSWER: Good moral character
employment, shall be deemed to be on official time, and is more than just the absence of bad character. Such
shall not suffer from any diminution in compensation or character expresses itself in the will to do the
allowance from said employment by reason thereof.” unpleasant thing if it is right and the resolve not to do
(Lorenzana v. Fajardo, A. C. No. 5712, June 29, 2005) the pleasant thing if is wrong. (Cordon v. Balicanta, A. C.
No. 2792, October 4, 2002)
B. Duties and responsibilities of a lawyer Good moral character is not only a condition
precedent to admission to the practice of law, it’s
1. TO SOCIETY continued possession is also essential for remaining in
the legal profession. This must be so because vast
BAR 1. Duties to the public (society): interests are committed to the lawyer’s care; he is the
a. Promote respect for the law; recipient of unbounded trust and confidence, he deals
b. Make his legal services available and with his client’s property, reputation, his life, his all .
known through acceptable means; (Cordon v. Balicanta, A. C. No. 2792, October 4, 2002)
c. Participate in development of the law; DOCTRINES AND ILLUSTRATIVE CASES:
d. Keep abreast of legal developments;
a. A lawyer shall not engage in unlawful, dishonest,
e. If in government service to apply the canons
immoral or deceitful conduct. (Rule 1.01, CPR)
of the Code of Professional Responsibility in the
b. Public confidence in the law and lawyers in the
performance of his duties.
role of lawyers in the speedy and efficient administration of
justice is the foundation of the continued existence of the
law. Without this confidence the public would not consult
lawyers resulting to demise of the profession.
a) Respect for law and legal processes c. Requirement of good moral character. Time
and again, the Court has held that the practice of law is granted
b) Efficient and convenient legal services only to those of good moral character. The Bar maintains a high
standard of honesty and fair dealing. Thus, lawyers must conduct
c) True, honest, fair, dignified and themselves beyond reproach at all times, whether they are dealing
with their clients or the public at large, and a violation of the high
objective information on legal services moral standards of the legal profession justifies the imposition of
the appropriate penalty, including suspension and disbarment.
d) Participation in the improvement and [Philippine Association of Court Employees (PACE), etc., v. Alibutdan-
reforms in the legal system
13
Diaz, A.C. No. 10134, November 26, 2014 citing Ronquillo v. Cezar, 524 the Bar betrays their trust and confidence. (Re: Adm. Case
Phil. 311, 317 (2006)] No. 44 of the RTC, Branch IV,Tagbilaran City, against Atty.
It bears stressing that the respondent lawyer is a servant Occena, A.C.No. 2841, July 3, 2002)
of the law and belongs to that profession which society entrusts f. The Code of Professional Responsibility mandates
with the administration of law and the dispensation of justice. For
upon each lawyer, as his duty to society, the obligation to
this, he or she is an exemplar for others to emulate and should not
engage in unlawful, dishonest, immoral or deceitful conduct. obey the laws of the land and promote respect for the law
Necessarily, this Court has been exacting in its demand for and legal processes. Specifically he is forbidden to engage
integrity and good moral character from members of the Bar. They in unlawful, dishonest, immoral or deceitful conduct. If the
are always expected to uphold the integrity and dignity of the legal practice of law is to remain an honorable profession and
profession and to refrain from any act or omission which might attain its basic ideal, those enrolled in its ranks should not
lessen the trust and confidence reposed by the public in the only master its tenets and principles, but should also, in their
fidelity, honesty, and integrity of this noble profession. [Philippine lives, accord continuing fidelity to the. thus, the requirement
Association of Court Employees (PACE), etc., supra citing Malhabour v. of good moral character is of much greater import, as far as
Sarmiento, 520 Phil. 529, 536 (2006)]
the general public is concerned, than the possession of legal
c. Thus, a lawyer who manifested the absence of
learning. Lawyers are expected to abide by the tenets of
good moral character was disbarred because he transferred
moral duty, not only upon admission to the Bar but also
properties which he held in trust for his client to a
throughout their legal career, in order to maintain one’s good
corporation which he controlled and fraudulently conveyed
standing in that exclusive and honored fraternity, Good
such corporate properties or mortgaged the same without
moral character is more than just the absence of bad
the appropriate authority coming from his client. (Cordon v.
Balicanta, A. C. No. 2792, October 4, 2002) character, Such character expresses itself in the will to do
d. The ethics of the legal profession rightly enjoin the unpleasant thing if it is right and the resolve not to do the
lawyers to act with the highest standards of truthfulness, fair pleasant thing if is wrong. This must be so because vast
play and nobility in the course of his practice of law. A interests are committed to his care; he is the recipient of
lawyer may be disciplined or suspended for any misconduct, unbounded trust and confidence, he deals with his client’s
whether in his professional or private capacity. Public property, reputation, his life, his all. (Cordon v. Balicanta, A. C.
No. 2797, October 4, 2002)
confidence in law and lawyers may be eroded by the
g. A lawyer was indefinitely suspended from the
irresponsible and improper conduct of a member of the Bar.
practice of law and directed to pay the complainant
Thus, every lawyer should act and comport himself in such a
P13,800.00. He was guilty of dishonesty because he did not
manner that would promote public confidence in the integrity
turn over the proceeds of sale of the complainant’s property.
of the legal profession. (Ong v. Atty. Unto, A.C. No. 2417,
February 6, 2002) Worse, with palpable bad faith, be compelled the
e. It is a time-honored principle that good moral complainant to go to court to recover the proceeds, and
character is not only a condition precedent to admission to despite his deliberate failure to pay he still appealed to the
the practice of law. Its continued possession is also Court of Appeals. Still bad faith attended this step because
essential for remaining in the legal profession. Integrity and he did not pay the docket fee despite notice. Not satisfied
moral character are important as part of a lawyer’s with his unjust and lawful acts he issued checks in payment
equipment in the practice of his profession, because it of his obligation, and in continued pursuit of a clearly
cannot be denied that the respect of litigants for the malicious plan not to pay the complaint, he closed the
profession is inexorably diminished whenever a member of account from which the checks were drawn. There was
deceit. He likewise abused the generosity of the Supreme
14
Court in granting him the three extensions he prayed for, by “The moral delinquency that affects the fitness of a member
failing to file his comment nor explaining why he did not do of the bar to continue as such includes conduct that
so. (Nunez v. Atty. Ricafort, A.C.No. 5054, May 29, 2002) outrages the generally accepted moral standards of the
h. A lawyer was ordered suspended from the community, conduct for instance which makes a mockery of
practice of law for six (6) months and to account for the the inviolable social institution of marriage.” (Cojuangco, Jr. v.
amount of P60,000.00 entrusted to him for gross dishonesty Palma, A.C. No.2474, June 30, 2005 citing Cordova v. Cordova,
and conduct unbecoming a lawyer. He deliberately Adm. Case No. 3249, November 29, 1989, 179 SCRA 680 )
misrepresented to the complainant that he was successful in
securing a restructuring of the complainant’s loan through Good moral character includes at least
his connection with a non-existing PNB legal assistant. The common honesty. Good moral character is an essential
loan was not restructured and the complainant’s collateral qualification for the privilege to enter into the practice of law.
was foreclosed. (Aquino v. Atty. Barcelona, A.C.No. 5688, April Good moral character includes at least common honesty.
19, 2002) Lawyers are ministers of truth. No moral qualification
i. A lawyer was disbarred because he transferred for bar membership is ore important than truthfulness. The
properties he held in trust for his client to a corporation rigorous ethics of the profession places a premium on
which he controlled, and fraudulently conveyed such honesty and condemns duplicitous behavior. Hence,
corporate properties or mortgaged the same without the lawyers must not mislead the court or allow it to be misled
appropriate authority. The court ruled that the properties so by any artifice. In al their dealings lawyers are expected to
conveyed by the lawyer to innocent third parties should still act in good faith.
be considered as the properties of the client and her Law is a noble profession and the privilege to practice
daughter. (Cordon v. Balicanta, A. C. No. 2797, October 4, 2002) it is bestowed only upon individuals who are competent
The writer believes that this is a pro hac vice view intellectually, academically and, equally, important, morally.
obtaining only in this particular case, and should not be Because, they are vanguards of the law and the legal
taken as a doctrinal ruling on the nullification of sales of real system, lawyers must at all times conduct themselves,
property to innocent third parties. especially in their dealings with their clients and the public at
j. A lawyer committed dishonesty and abused the large, with honesty and integrity in a manner beyond
confidence reposed upon him by his client when he did not reproach. (Soriano v. Dizon, A. C. No. 6792, January 25, 2006)
file the ejectment case despite receipt of the filing fee and
the receipt of the registry return card of his demand to Good moral character is a continuing
vacate. He was suspended for six (6) months with warning. requirement. Membership in the legal profession is a
It is to be noted that he also committed other violations. privilege demanding a high degree of moral character, not
(Garcia v. Atty. Manuel, A.C. No. 5811, January 20, 2003) only as a condition precedent to admission, but also as a
k. Good moral character is an essential qualification continuing requirement for the practice of law. (Soriano v. Dizon,
for the privilege to enter into the practice of law. It is equally A. C. No. 6792, January 25, 2006)
essential to observe this norm meticulously during the
continuance of the practice and the exercise of this privilege. Gross ignorance of the law. When the law is so
(Spouses Olbes v. Deciembre, AC – 5365, April 27, 2005, citing elementary, not to know it or to act as if one does not know
Vda. De Espino v. Presquito, 432 SCRA 609, June 28, 2004, and it constitutes gross ignorance of the law.
various cases) Implicit in a lawyer’s mandate to protect a client’s
interest to the best of his/her ability and with utmost
15
diligence is the duty to keep abreast of the law and legal unbecoming a lawyer and was suspended from the practice
developments, and participate in continuing legal education of law for five (5) months. (Ong v. Atty. Unti, A.C. No. 2417,
programs. Thus, in championing the interest of clients and February 6, 2002)
defending cases, a lawyer must not only be guided by the
strict standards imposed by the lawyer’s oath, but should BAR: 4. What is meant by ambulance
likewise espouse legally sound arguments for clients, lest chasing ? What rules prohibit the same ?
the latter’s cause be dismissed on a technical ground. SUGGESTED ANSWER: The unethical practice
Ignorance encompasses both substantive and procedural
of inducing personal injury victims to bring suits. the
laws. (Spouses Williams v. Enriquez, A.C. No.6353, February 27,
2006) practice of lawyers in frequenting hospitals and homes
of the injured in order to convince them to go to court.
BAR: 3. What is meant by barratry ? Are It is disreputable:
there any rules which penalize the same ? Explain a. to hunt up defects in titles or other causes of
briefly. action and information thereof in order to employed to
SUGGESTED ANSWER: The offense of frequently bring suit or collect judgment;
exciting and stirring up quarrels and suits, either at law or b. to breed litigation by seeking out those with
otherwise. (Bouvier) claims for personal injuries or those having any other
a. A lawyer shall not, for any corrupt motive or grounds of action in order to secure them as clients; or
interest, encourage any suit or proceeding or delay any c. to pay or reward directly or indirectly, those
man’s cause. (Rule 1.03, Canon 1, Code of Professional who bring or influence the bringing of such cases to his
Responsibility) office;
b. A lawyer shall encourage his clients to avoid, end d. to remunerate policemen, court or prison
or settle a controversy if it will admit of a fair settlement.
(Rule 1.04, Ibid.)
officials, physicians, hospital attaches, or others who
c. It is unprofessional for a lawyer to volunteer may succeed under guise of giving disinterested
advice to bring law suits, except in rare instances where friendly advice, in influencing the criminal, the such and
ties of blood, relationship or trust makes it his duty to do so. the injured, the ignorant or others, to seek his
DOCTRINES AND ILLUSTRATIVE CASES: professional services. (Canon 28, Canons of Professional
a. A lawyer shall not, for any corrupt motive or Ethics)
interest encourage any suit or proceeding or delay any 5. Distinguish ambulance chasing from
man’s cause. (Rule 1.03,CPR) barratry.
b. A lawyer, among other acts, offered monetary SUGGESTED ANSWER:
rewards to anyone who could provide him any information a. Barratry refers to any action while ambulance
against the complainant just so he would have a leverage in chasing refers to personal injury cases;
his actions against the latter. This tactic is unethical and b. Barratry may refer to suits before judicial or
runs counter to the rules that a lawyer shall not, for corrupt non-judicial bodies while ambulance chasing refers to
motive or interest, encourage any suit of proceeding and he
cases brought before judicial fora.
shall not do any act designed primarily to solicit legal
business. The lawyer was found guilty of conduct ILUSTRATIVE CASE:
16
A lawyer was found guilty of conduct unbecoming a Reason: A lawyer is an officer of the court and
lawyer because he, among other acts, offered monetary takes his office cum onere (with burdens or duties), (5
reqards to anyone who could provide him with any Am. Jur. 354) among which is to assist in the speedy and
information against the complainant just so he would have a efficient administration of justice.
leverage in his actions against the latter. This tactic is
unethical and runs counter to the rules that a lawyer shall
not for corrupt motive or interest, encourage any suit or BAR 9. Are there any instances where a
proceeding and that he shall not do any act designed lawyer may ethically refuse appointment as
primarily to solicit legal business. (Ong v. Atty. Unti, A.C. No. counsel de officio or as amicus curiae of the cause
2417, February 8, 2002) of the defenseless or the oppressed ?
SUGGESTED ANSWER: Yes, in the following
BAR 6. Who is a counsel de oficio ? cases:
SUGGESTED ANSWER: A counsel de officio is a. Where he is not in a position to carry out the
an attorney assigned by the court to render work effectively or competently;
professional aid free of charge to any party in a case, if b. He labors under a conflict of interest between
upon investigation it appears that the party is destitute him and the prospective client or between a present
and unable to employ an attorney, and the services of client and the prospective client. (Rule 14.03, Canon 14,
counsel are necessary to secure the ends of justice Code of Professional Responsibility)
and to protect the rights of the party. (Sec. 31, Rule 138, c. Serious and sufficient causes like the
Rules of Court) following:
1) The filing of the case would result in
BAR 7. Who is an amicus curiae ? multiple actions arising from the same cause.
(Rule 12.02, Canon 12, Code of Professional
SUGGESTED ANSWER: An amicus curiae is
Responsibility)
an expert or authority in the law who upon the court’s 2) When the criminal charge to be filed is
invitation” for the assistance of the court, gives some unfounded and is presented merely to obtain an
information of some matter of law in regard to which improper advantage in any case or proceeding.
the court is doubtful or mistaken, such as a case not (Rule 19.01, Canon 19, Ibid.)
reported or which the judge has not seen or does not at 3) When it is apparent that the client
the moment, recollect.” (Bouvier) pursues an illegal or immoral course of conduct
in connection with the matter being presented to
BAR 8. May a lawyer reject appointment as the lawyer for representation. (par., a, Rule 22.01,
counsel de oficio or as amicus curiae ? Canon 22, Ibid.)
SUGGESTED ANSWER: No. It shall be the 4) When the client insists that the lawyer
duty of the attorney so assigned to render the required pursues conduct which is violative of the Code
service, unless he is excused therefrom by the court for of Professional Responsibility. (par. 2, Ibid.)
sufficient cause shown. (Sec. 31, Rule 138, Rules of Court) 5) When engaged as a collaborating
counsel and the lawyer’s inability to work with
17
co-counsel will not promote the best interest of service in the discharge of the their official tasks.
the client. (par., c, Ibid.) (Canon 6, Code of Professional Responsibility)
6) When the mental or physical condition
of the lawyer renders it difficult for him to carry 12. The misconduct of a lawyer-government
out the employment effectively. (par. d, Ibid.) official which would affect his qualifications as a lawyer
7) When the lawyer is elected or or would show moral delinquency is subject to
appointed to public office. (par.f, Ibid.) discipline as a member of the bar.
8) When the representation would,
directly or indirectly encroach upon the Government lawyer may practice law subject
professional employment of another lawyer. to permission. The practice of law by attorneys employed
(Rule 8.02, Canon 8, Ibid.) in the government, to fall within the prohibition of statutes
has been interpreted as customarily habitually holding one’s
BAR 10. May a counsel de oficio claim self out to the public, as a lawyer and demanding payment
for such services. (Lorenzana v. Fajardo, A. C. No. 5712, June
compensation for his services ? 29, 2005 citing People v. Simplicio Villanueva, 121 Phil. 894; 14
SUGGESTED ANSWER: No. A claim for SCRA 109, May 27, 1965)
attorney’s fees is incompatible with the appointment of Written permission should be had from the chief as
a counsel de oficio, as the client is destitute. required by Section 12, Rule XVIII of the Revised Civil
Furthermore, performance of the duties as counsel de Service Rules that “(n)o officer or employee shall engage
oficio, is part of the duties of a lawyer as an officer of directly in any private business, vocation or profession or be
the court to assist in the speedy and efficient connected with any commercial, credit, agricultural or
administration of justice. industrial undertaking without a written permission from the
head of the Department.” (Lorenzana v. Fajardo, A. C. No.
DOCTRINE:
5712, June 29, 2005
Payment for counsel de oficio. Subject to
availability of funds, as may be provided by law, the court
may, in its discretion, order an attorney employed as 2. TO THE LEGAL PROFESSION
counsel de oficio to be compensated in such sum as the
court may fix but shall not be less than P30.00 in any case,
nor more than the following amounts: BAR 1. What are the duties of a lawyer to the Bar ?
a. P50.00 in light offenses; SUGGESTED ANSWER:
b. P100.00 in less grave felonies; a. Uphold the integrity of the legal profession and
c. P200.00 in grave felonies other than capital support the IBP;
offenses; b. Be courteous, fair and frank to brother lawyers;
d. P500.00 in capital offenses. (Sec. 32, Rule 138, c. Not to assist in the unauthorized practice of law;
Rules of Court) d. Not to encroach upon the professional
employment of another lawyer
BAR 11. These canons (of professional
responsibility) shall apply to lawyers in government a) Integrated Bar of the Philippines (Rule
139-A)
18
1973 through Rule of Court 139-A designated as the
(i) Membership and dues Integration Rule and constituted on May 4, 1973 into a body
corporate by the issuance of Presidential Decree No. 181.
b) Upholding the dignity and integrity of (Sec. 1, By-Laws of the Integrated Bar of the Philippines)
the profession
4. What are the fundamental purposes of the
c) Courtesy, fairness and candor towards Integrated Bar of the Philippines ?
professional colleagues SUGGESTED ANSWER:
a. To elevate the standards of the legal
d) No assistance in unauthorized practice profession;
of law b. Improve the administration of justice; and
c. Enable the bar to discharge its public
BAR 2. What is the duty of a lawyer who responsibilities more effectively. (Sec. 2, Rule 139-A,
has received information that his client has, in the Rules of Court)
course of the representation, perpetuated a fraud DOCTRINE:
upon a person or tribunal ? The other purposes of the Integrated Bar of the
SUGGESTED ANSWER: It shall be his duty to: Philippines are:
a. promptly call upon the client to rectify the a. Assist in the administration of justice;
b. Foster and maintain on the part of its members
same, and failing which he shall terminate the
high ideals of integrity, learning, professional competence,
relationship with such client. (Rule 19.02, Code of public service and conduct;
Professional Responsibility)
c. Safeguard the professional interests of its
b. If the client refuses to forego the advantage members;
thus unjustly gained, he should promptly inform the d. Cultivate among its members a spirit of cordiality
injured person or his counsel, so that they may take and brotherhood;
appropriate steps. (Canon 41, Canon of Professional Ethics) e. Provide a forum for the discussion of law,
c. The court shall also be informed of the jurisprudence, law reform, pleading, practice and procedure,
client’s misdeed. and he relation of the Bar to the Bench and to the public and
publish information relating thereto;
3. What is an integrated bar ? f. Encourage and foster legal education; and
SUGGESSTED ANSWER: An integrated bar is g. Promote a continuing program of legal research
an official state organization requiring membership and in substantive and adjective law, and make reports and
recommendations thereon. (Sec. 2, By-Laws of the Integrated
financial support of all attorneys as a condition
Bar of the Philippines)
precedent to the practice of law. (Bar Integration Center,
Supreme Court of the Philippines)
DOCTRINE: 5. Why is the rule on Bar Integration
The Integrated Bar of the Philippines is the constitutional ?
national organization of lawyers, created on January 16, DOCTRINE:
19
a. It is a valid exercise of police power. Practice of SUGGESTEDANSWER: A lawyer shall conduct
law is imbued with public interest and the holder of the himself with courtesy, fairness and candor toward his
privilege must submit to a degree of control for the common professional colleagues, and shall avoid harassing
good. (In re Edillon, 84 SCRA 554) tactics against opposing counsel. (Canon 8, CPR)
b. The Supreme Court was tasked by the A lawyer shall not, in his professional dealings,
constitution to promulgate rules which cover among others
use language which is abusive, offensive or otherwise
admission to the practice of law and the integration of the
Bar. improper. (Canon 8.02,CPR)
c. Bar integration is not violative of the freedom of DOCTRINES AND ILLUSTRATIVE CASES:
association. Integration does not make a lawyer a member a. Lawyers should treat their opposing counsels and
of a group of which he is not already a member. It does not other lawyers with courtesy, dignity and civility. A great part
compel a lawyer to associate with anyone. He is free to of their comfort, as well as of their success at the bar,
attend or no to attend meetings, or vote or refuse to vote in depends upon their relations with their professional
elections as he chooses. The only compulsion is the brethren. Since they deal constantly with each other, they
payment of annual dues. In order to further the State’s must treat be another with trust and respect. Any undue ill
legitimate interest in elevating the quality of professional feeling between clients should not influence counsels in their
legal services, the lawyer may be obliged to share in the conduct and demeanor toward watch other. Mutual
cost and expenses. bickering, unjustified recriminations and offensive behavior
among lawyers not only detract from the dignity of the legal
profession, but also constitute highly unprofessional conduct
6. Is a senior citizen who is engaged in
subject to disciplinary action.
“limited practice of law” exempted from payment The highest regard that can be bestowed on lawyers
of his IBP dues ? Explain. is the esteem of their professional brethren. this esteem
SUGGESTED ANSWER: No. A senior citizen cannot be purchased, perfunctorily created, or gained by
engaged in limited practice of law is not exempted. artifice or contrivance. It is born of sharp contests and
This is so because a lawyer can engage in the practice thrives despite conflicting interests. it emanates solely from
of law only by paying his dues and it does not matter integrity, character, brains and skill in the honorable
that his practice is “limited.” While it is true that Rep. performance of professional duty. (Atty. Reyes v. Atty. Chiong,
Act No. 7432, grants senior citizens “exemption from Jr., A.C. No. 5148, July 1, 2003)
the payment of individual income taxes: provided, that b. As officers of the court, lawyers are mandated to
conduct themselves honorably, fairly and candidly toward
their annual taxable income does not exceed the
each other. Though a lawyer’s language may be forceful
poverty level as determined by the National Economic and emphatic, it should always be dignified and respectful,
and Development Authority (NEDA) for that year,” the befitting the dignity of the legal profession. Obviously,
exemption does not include payment of membership or complainant’s use of sarcasm in calling the three
association dues. (Santos, Jr. v. Atty. Llamas, A.C. No. 4749, respondent lawyers, “brilliant lawyers”, “legal supermen”,
January 20, 2000) and “sages” fell short of this mandate. It served no useful
purpose. The use of intemperate language and unkind
7. How should a lawyer conduct himself in ascriptions have no place in the dignity of judicial forum.
his dealings with his fellow lawyers ? Civility among members of the legal profession is a
20
treasured tradition that must be at no time be lost to it. Atty. Counsel’s authority to sign pleadings
de la Rosa v. Court of Appeals Justices Sabio, Jr., et al., A.M. personal to him and may not be delegated to
No. CA-03-35, July 24, 2003
unqualified persons. Counsel’s authority and duty to
c. Examples: sign a pleading are personal to him. He may not delegate it
1. A lawyer was fined P1,000.00 and reprimanded to just any person.
with a warning (his first offense), because of his failure to The preparation and signing of a pleading constitute
respect his fellow lawyer. He provoked the incident in legal work involving practice of law which is reserved
question shouting and hurling invectives at the complainant, exclusively for the members of the legal profession.
and a brother lawyer, and even attempted to lay hands on Counsel may delegate the signing of a pleading to another
the complainant. He had no right to demand from his brother lawyer but cannot do so in favor of one who is not.
lawyer why the case of a woman had not or could not be Moreover, a signature by agents of a lawyer amounts to
settled. (Alcantara v. Atty. Pefianco, A.C. No. 5398, December 3, signing by unqualified persons, something the law strongly
2002)
proscribes.
2. Respondent lawyer was the counsel for the
As a consequence the Supreme Court referred to the
respondent in an estafa case which was filed by the public
IBP for the commencement of disbarment proceedings
prosecutor because of the respondent’s failure to appear
against a lawyer who allowed an unqualified person to sign
during the preliminary investigation. Subsequently the
an answer to a complaint. (Republic, etc., v. Kenrick
respondent filed a civil case against the complaint, the
Development Corporation, G. R. No. 149576, August 8,
complainant’s lawyer and the public prosecutor.
2006)
Respondent was found guilty of violating Canon 8, and was
suspended for two (2) years. (Atty. Reyes v. Atty. Chiong, Jr.,
A lawyer, among other acts, offered monetary
A.C. No. 5148, July 1, 2003)
rewards to anyone who could provide him any information
against the complainant just so he would have a leverage in
Canon 1 is violated for failure to observe his actions against the latter. This tactic is unethical and
Section 2, Rule 13 of the Rules of Court which runs counter to the rules that a lawyer shall not, for corrupt
requires that the opposing counsel should be furnished motive or interest, encourage any suit of proceeding and he
copies of pleadings and motions. shall not do any act designed primarily to solicit legal
The purpose of the rule is to maintain a uniform business. The lawyer was found guilty of conduct
procedure calculated to place in competent hands the unbecoming a lawyer and was suspended from the practice
orderly prosecution of a party’s case. This rule is not mere of law for five (5) months. (Ong v. Atty. Unti, A.C. No. 2417,
technicality, but one founded on consideration of fair play. A February 6, 2002)
party engages an attorney of record precisely because it
does not feel competent to deal with the intricacies of law Lawyers should treat their opposing counsels and
and procedure. Furthermore, as the party directly served other lawyers with courtesy, dignity and civility. A great part
would have to communicate with its attorney and turn over of their comfort, as well as of their success at the bar,
to him the notice received, the net result would be to depends upon their relations with their professional
noticeably shorten the usable period for taking the proper brethren. Since they deal constantly with each other, they
steps required to protect the party’s interest. (Poon v. Sig- must treat be another with trust and respect. Any undue ill
Chua, A. C. No. 6549, September 22, 2006) feeling between clients should not influence counsels in their
21
conduct and demeanor toward watch other. Mutual and emphatic, it should always be dignified and respectful,
bickering, unjustified recriminations and offensive behavior befitting the dignity of the legal profession. The use of
among lawyers not only detract from the dignity of the legal intemperate language and unkind ascriptions have no place
profession, but also constitute highly unprofessional conduct in the dignity of judicial forum. Civility among members of
subject to disciplinary action. the legal profession is a treasured tradition that must be at
no time be lost to it. Atty. de la Rosa v. Court of Appeals
The highest regard that can be bestowed on lawyers Justices Sabio, Jr., et al., A.M. No. CA-03-35, July 24, 2003
is the esteem of their professional brethren. this esteem
cannot be purchased, perfunctorily created, or gained by 3. TO THE COURTS
artifice or contrivance. It is born of sharp contests and
thrives despite conflicting interests. it emanates solely from BAR: 1. What are the duties of lawyers to the
integrity, character, brains and skill in the honorable courts ?
performance of professional duty. Atty. Reyes v. Atty. Chiong, SUGGESTED ANSWER:
Jr., A.C. No. 5148, July 1, 2003 a. Candor, fairness and good faith;
b. Respect the court and judicial officers;
Lawyers should treat their opposing counsels and c. Assist in the speedy and efficient
other lawyers with courtesy, dignity and civility. A great part administration of justice;
of their comfort, as well as of their success at the bar, d. Not to influence the court or create an
depends upon their relations with their professional impression of being able to influence the court.
brethren. Since they deal constantly with each other, they Keyword: CRAI
must treat be another with trust and respect. Any undue ill
feeling between clients should not influence counsels in their a) Candor, fairness and good faith
conduct and demeanor toward watch other. Mutual
towards the courts
bickering, unjustified recriminations and offensive behavior
among lawyers not only detract from the dignity of the legal Illustrative case of not doing any falsehood
profession, but also constitute highly unprofessional conduct before the court by appearing without authority. The
subject to disciplinary action. respondent lawyer was presumed to have authority when he
The highest regard that can be bestowed on lawyers appeared in the proceedings before the DARAB. The
is the esteem of their professional brethren. this esteem records are unclear at what point his authority to appear for
cannot be purchased, perfunctorily created, or gained by the deeased was questioned. Neither is there any indication
artifice or contrivance. It is born of sharp contests and that the complainant in fact questioned his authority during
thrives despite conflicting interests. it emanates solely from the course of the proceedings. However, the respondent
integrity, character, brains and skill in the honorable lawyer knew that his client had already passed away at the
performance of professional duty. Atty. Reyes v. Atty. Chiong, time he filed the Motion for Issuance of Second Alias Writ of
Jr., A.C. No. 5148, July 1, 2003
Execution and Demolition. As an honest, prudent and
conscientious lawyer, he should have informed the Court of
his client’s passing and presented authority that he was
As officers of the court, lawyers are mandated to
retained by the client’s successors-in-interest and thus the
conduct themselves honorably, fairly and candidly toward
parties may have been substituted. [Villahermosa, Sr. v. Atty.
each other. Though a lawyer’s language may be forceful
22
Caracol, A.C. No. 7325, January 21, 2015 citing The Heirs of the Late F. a. shall not knowingly misquote or misrepresent
Nuguid Vda. de Haberer v. CA, et al., 192 Phil. 61 (1981)]
1) the contents of a paper,
The Supreme Court highlight the important role of an
attorney in our judicial system. Because of the particular 2) the language or the argument of
nature of an attorney’s function it is essential that they opposing counsel, or
should act with fairness, honesty and candor towards the 3) the text of a decision or authority, or
courts and his clients. Under Rule 10.01 of the Code of b. knowingly
Professional Responsibility: A lawyer shall not do any 1) cite as law a provision already
falsehood, nor consent to the doing of any in Court; nor shall rendered inoperative by repeal or amendment,
he mislead, or allow the Court to be misled by any artifice. or
This flows out from the lawyer's oath which each 2) assert as a fact that which has not
lawyer solemnly swears to uphold the law and court been proved. (Rule 10.02, Code of Professional
processes in the pursuit of justice. Thus, a lawyer must be responsibility)
more circumspect in his demeanor and attitude towards the
public in general as agents of the judicial system. The
respondent lawyer has been less than candid about his Strong public interest involved in requiring
representation. He has also used underhanded means to lawyers to behave in a manner consistent with
attain his purpose. The respondent lawyer’s blatant truth and honor. There is a strong public interest
disregard of his duties as a lawyer cannot be countenanced. involved in requiring lawyers who, as officers of the court,
In view of his actions of contravening his lawyer's oath and participate in the dispensation of justice to behave at all
in violation of Canons 8 and 10 and Rule 10.01 of the Code times in a manner consistent with truth and honor. The
of Professional Responsibility he was suspended from the common caricature that lawyers by and large do not feel
practice of law for a period of one year. (Villahermosa, Sr. v. compelled to speak the truth and to act honestly should not
supra) become a common reality. (Maligaya v. Doronilla, Jr., A. C. No.
6198, September 15, 2006)
b) Respect for courts and judicial officers
A lawyer signed a motion which contained scurrilous
c) Assistance in the speedy and efficient attack upon a judge as a result of a resolution he
promulgated. She admitted that she signed the motion upon
administration of justice
her husband’s request but she did not know the contents
beforehand. According to her, implicit is their trust in each
d) Reliance on merits of his cause and avoidance other that this happens all the time. Through the years she
of any impropriety which tends to influence or already lost count of the number of pleadings prepared by
gives the appearance of influence upon the courts one that is singed by the other. By her own admission, the
lawyer violated Section 3, Rule 7. This violation is an act of
BAR 2. What is encompassed in the duty falsehood before he courts, which in itself is a ground for
that, “A lawyer owes candor, fairness and good subjecting her to disciplinary action, independent of any
faith to the court”? (Canon 10, Code of Professional other ground arising from the motion she signed. (Larucom,
etc., v. Jacoba, et al., A. C. No. 5921, March 10, 2006)
Responsibility)
SUGGESTED ANSWER: A lawyer
23
BAR: 3. May a lawyer criticize a court because such statements are not fair criticisms of any
decision ? If a lawyer is not penalized for decision of the Court, but obviously are threats made
against it to force the Court to decide the issue in a
criticizing courts or their decisions, when should
particular manner, or risk earning the ire of the public. Such
such criticism be penalized ? What is the rationale statements show disrespect not only for the Court but also
behind the imposition of the penalty ? for the judicial system as a whole, and to promote distrust
SUGGESTED ANSWER: Yes. It does not and undermine public confidence in the judiciary, by creating
follow that because a lawyer is an officer of the court, the impression that the Court cannot be trusted to resolve
that he cannot criticize courts or their decisions cases impartially and violate the right of the parties to have
What is penalized is not criticism .per se, but the their case tried fairly by an independent tribunal,
nature of the criticism and the manner it is carried out . uninfluenced by public clamor and other extraneous
(Zaldivar v. Sandiganbayan, et al., and its companion case, 166 influences. (In Re: Published alleged threats against members of
SCRA 316) the court in the Plunder Law Case hurled by Atty. Leonard de
False charges would tend necessarily to Vera, A.M.No. 01-12-03-SC, July 29, 2002)
undermine the confidence of the people in the honesty
and integrity of the members of the court and Unfounded accusations or allegations or
consequently lower, and degrade, the administration of words tending to embarrass the court or to bring it
justice. This would promote distrust in the into disrepute have no place in a pleading. Their
administration of justice (In re Sotto, 82 Phil. 595), thus employment serves no useful purpose. On the contrary,
they constitute direct contempt of court or contempt on
eroding the foundation upon which rests that bulwark
contempt in facie curiae and a violation of the lawyer’s oath
called judicial power to which those who are aggrieved and a transgression of the Code of Professional
turn to protection and relief. (Salcedo v. Hernandez, 61 Phil. Responsibility. (In Re: Letter dated 21 February 2005 of Atty.
724, 727-728) Instead of resorting to peaceful resolution Noel S. Sorreda, A.M. No.0503-04-SC, July 22, 2005, disbarred in
of their disputes through the judicial system, people a resolution promulgated September 11,2006)
may seek recourse to violent methods. If a pleading containing derogatory, offensive and
DOCTRINES AND ILLUSTRATIVE CASE: malicious statements is submitted in the same court or judge
a. Nature of criticism. All court criticism should in which the proceedings are pending, it is direct contempt,
be bona fide and should not spill over the walls of equivalent as it is to a misbehavior committed in the
presence of or so near a court or judge as to interrupt the
decency and propriety. Intemperate and unfair
administration of justice. Direct contempt is punishable
criticism is a gross violation of the duty of respect to summarily. [In Re: Letter dated 21 February 2005 of Atty. Noel
courts. it is misconduct that subjects a lawyer to S. Sorreda, A.M. No.0503-04-SC, July 22, 2005, citing Ang v
disciplinary action. (In re Almacen, 31 SCRA at 580-581) .Castro, 136 SCRA 453 (1985)])
b. Illustration: A lawyer was found guilty of indirect
contempt of court and fined P20,000.00. His utterances Illustrative case. A lawyer was indefinitely
pressuring the Supreme Court to rule in favor of the suspended because he was found guilty of both contempt of
constitutionality of the Plunder Law or risk another series of court and violation of the Code of Professional
mass actions by the public cannot be construed as falling Responsibility amounting to gross misconduct as an officer
within the ambit of constitutionally respected speech, of the court and member of the Bar.
24
Frustrated with the unfavorable outcome of and in the respondent raised a step further the level of his obstinacy
manner by which the Supreme Court has resolved certain and defiance. In a clearly insulting tone reflecting a
cases filed by him, the lawyer wrote a letter addressed to remorseless and boorish persons, he states that he has
the Chief Justice copy furnished all the Associate Justices of from the start defied the suspension order meted him by the
the Supreme Court, the Court of Appeals, and the Office of Supreme Court and has continued with is professional
the Solicitor General, denouncing the Supreme Court, as practice as a lawyer both in the lower courts and before the
follows: Court. The Court’s patience has been stretched to the limit
“Mr. Chief Justice, I believe the manner the Court by the respondent’s arrogance and meted him the supreme
comported itself in the aforesaid case is totally execrable penalty. He has proven himself to be incorrigible. By his
and atrocious, entirely unworthy of the majesty and office of demeanor, as demonstrated by his penchant for addressing
the highest tribunal of the land. It is the action not of men of malicious letters and pleadings to this Court, the respondent
reason or those who believe in the rule of law, but rather of is unworthy to continue as an officer of the court.
bullies and tyrants from whom ‘might is right.’ I say, shame
on the High Court, for shoving down a hapless suitor’s throat Criticism of courts. A lawyer is entitled to voice his
a ruling, which from all appearances, it could not justify.” criticism within the context of the constitutional guarantee of
Called upon to show cause why he should not be freedom of speech which must be exercised responsibly. After all,
properly disciplined “for degrading, insulting and dishonoring every right carries with it the corresponding obligation. Freedom is
the Supreme court by using vile, offensive, intemperate and not freedom from responsibility, by freedom with responsibility.
Free expression, after all, must not be used as a vehicle to satisfy
contemptuous derogatory language against it,” the lawyer
one’s irrational obsession to demean, ridicule, degrade and even
responded with two more letters, arguing for the propriety of destroy the Supreme Court and its magistrates. [In Re: Letter
his action and practically lecturing the Court on his concepts dated 21 February 2005 of Atty. Noel S. Sorreda, A.M. No.0503-
of Legal and Judicial Ethics and Constitutional Law. The 04-SC, July 22, 2005., citing Ariosa v. Tamin, A.M. No.RTJ-92-
Court merely noted his two letters. 798, 344 SCRA 589 (2000)]
The two letters contained statements disparaging the The use of intemperate language and unkind inscription can
Court with intemperate, insulting, offensive and derogatory hardly be justified not can it have a place in the dignity of judicial
language, which included the following: forum. Civility among members of the legal profession is a
“Something has got to be seriously and terribly wrong treasured tradition that must at no time be lost to it. [In Re: Letter
with the country’s justice system..” “What is happening to dated 21 February 2005 of Atty. Noel S. Sorreda, A.M. No.0503-
04-SC, July 22, 2005 citing Alonte v. Savellano, et al., 350 Phil.
the justice system in this country, Mr. Chief Justice ?”
700; 287 SCRA 245 (1998)]
“I therefore deplore and condemn in the strongest A lawyer, as a citizen and as an officer of the court, is
term such strong-handed actuations as the Honorable Court entitled to criticize the rulings of the Supreme Court, to point out
has displayed. hey are as one might expect in a dictatorship where he feels the Court may have lapsed with error. But,
or authoritarian regime.” certainly, this does not give him the unbridled license to insult and
There were various communications the lawyer malign the Court and bring it to disrepute. Against such an
addressed to the Court which are of the same tenor. (In Re: assault, the Court is duty-bound “to act to preserve its honor and
Letter dated 21 February 2005 of Atty. Noel S. Sorreda, A.M. No. dignity. . .and to safeguard the morals and ethics of the legal
05-03-04-SC, July 22, 2005) profession.” (In Re: Letter dated 21 February 2005 of Atty. Noel
The respondent lawyer was disbarred through a S. Sorreda, A.M. No.0503-04-SC, July 22, 2005 citing In Re:
resolution promulgated on September 11, 2006. In a Wenceslao Laureta, March 12, 1987, 148 SCRA 282)
manifestation and motion dated July 18, 2006, the
25
Duty of an attorney as an officer of the court. [Rondina, et al., v. Associate Justice Eloy R., Bello, Jr., etc., A.M.
An officer of the court has the duty to uphold the dignity and No.CA-05-43, July 8, 2005 (A.M.OCA I.P.I. No. 04-72-CA-J)citing
authority of the courts and to promote confidence in the fair Section 1, Rule 140 of the Rules of Court on the Discipline of
Judges of Regular and Special Courts and Justices of the Court of
administration of justice. [In Re: Letter dated 21 February 2005
Appeals and the Sandiganbayan, as amended by A. M. No. 01-8-
of Atty. Noel S. Sorreda, A.M. No.0503-04-SC, July 22, 2005, In
10 SC, promulgated 11 September 2001]
re: Published Alleged Threats Against Members of the Court in the
Plunder Law Case Hurled by Atty. Leonard De Vera, A.M. No. 01-
12-03-SC, 385 SCRA 285 (2002 )] No less must this be and It is not proper to file a charge of misconduct
with greater reasons in the case of the court’s highest court, against a solitary member of a collegiate court for
the Supreme Court, as the last bulwark of justice and alleged misconduct arising from a collegial order
democracy. (Ibid.) or judgment. The judgment or order of a collegiate court,
The first duty of an attorney is not to his client, but to such as the Court of Appeals, whose members reach a
the administration of justice, to which his client’s success is collective judgment after due deliberation, cannot be the
wholly subordinate. His conduct ought to and must always subject of a charge of misconduct and unethical behavior
be scrupulously observant of law and ethics. (In Re: Letter against a single member of the appellate court. . [Rondina, et
dated 21 February 2005 of Atty. Noel S. Sorreda, A.M. No.0503- al., v. Associate Justice Eloy R. Bello, Jr., etc., A.M. No.CA-05-43,
04-SC, July 22, 2005) The lawyer’s fidelity to his client must July 8, 2005 (A.M.OCA I.P.I. No. 04-72-CA-J] Thus, it was held
not be pursued at the expense of truth and orderly that a charge of violation of the Anti-Graft and Corrupt
administration of justice, It must be done within the confines Practices Act on the ground that a collective decision is
of reason and common sense. (Ibid.) “unjust” cannot prosper (Ibid., citing In Re: Wenceslao Laureta,
12 March 1987, 148 SCRA 282), if proffered against a solitary
Criticism of courts. Well-recognized is the right of member.
a lawyer, both as an officer of the court and as a citizen, to
criticize in properly respectful terms and through legitimate 4. What is the duty of a lawyer if he is
channels the acts of courts and judges. unable to file pleadings and other documents,
Though a lawyer’s language may be forceful and despite extensions of time ?
emphatic, it should always be dignified and respectful SUGGESTED ANSWER: A lawyer shall not,
befitting the dignity of the legal profession. The use of after obtaining extensions of time to file pleadings,
unnecessary language is proscribed in order to promote the memoranda or briefs, let the period lapse without
high esteem in the courts and trust in judicial administration.
submitting the same or offering an explanation for his
In maintaining the respect due to the courts, a lawyer is not
merely enjoined to use dignified language but also to pursue
failure to do so.
the client’s cause through fair and honest means. (Larucom, DOCTRINE AND ILLUSTRATIVE CASE:
etc., v. Jacoba, et al., A. C. No. 5921, March 10, 2006) a. Effect of failure to submit brief. Failure to
submit briefs may be fatal to a client’s cause. Upon appeal,
Complaint filed against a magistrate instituted the appellate court, not being in a position to hear first hand
the testimony of the parties, can only place great reliance on
by any person must be verified and duly supported by
the briefs and memoranda of the parties. (Sps. Galen, et al.,
affidavits of persons who have personal knowledge of the
v. Atty.Paguirigan, A.C.No. 558, March 7,2002)
facts alleged therein, or by documents substantiating such
allegations otherwise the complaint shall be dismissed. .
26
Failure to submit a brief to the appellate court within the help attain these objectives but should likewise avoid
reglementary period entails disciplinary action. Not only is it unethical and improper practices that impede, obstruct or
a dereliction of duty to his client but also to the court as well. prevent their realization, charged as he is with the primary
An attorney is bound to protect his client’s interest to task of assisting in the speedy and efficient administration of
the best of his ability and with utmost diligence. A failure to justice. (Prieto v. Corpuz, et al., A. C. No. 6517, December 6,
file brief for his client certainly constitutes inexcusable 2006)
negligence on his part. There is serious lapse in the duty A lawyer was adjudged in direct contempt of court
owed to the client as well as to the Court not to delay and ordered to pay a fine of Two Thousand Pesos
litigation and to aid in the speedy administration of justice. (P2,000.00) within ten (10) days from notice, or to suffer
Sps. Galen, et al., v. Atty. Paguirigan, A. C. No. 558, March 7, imprisonment of ten (10) days in case he fails to pay the
2002 fine.
Any extension granted is always counted from the He filed a Motion and Petition-In-Intervention based on
last day of the reglementary period or the last period of a spurious Supreme Court decision. Direct contempt, or
extension previously sought and/or granted. This rule is contempt in facie curiae, is misbehavior committed in the
important because unless the extension from the last day of presence of or so near a court or judge so as to obstruct or
the reglementary period or the day of last extension is interrupt the proceedings before the same, including
granted, this period would become inextendible. (Ramos v. disrespect toward the court, and can be punished summarily
Atty. Dajoyag, Jr., A.C. No. 5174, February 28, 2002) without hearing. It is conduct directed against or assailing
b. Illustrative cases: the authority or dignity of the court or a judge, or in the doing
1. A lawyer was subject to reprimand for simple of a forbidden act.
neglect because of his failure to seasonably appeal an Counsel’s actuations may even constitute a violation
NLRC decision, although he exerted efforts to obtain a of the lawyer’s oath. As an officer of the court his basic
reconsideration of a Supreme Court denial of the petition for duties include to observe and maintain the respect due to
certiorari involving the same case. (Ramos v. Atty. Dajoyag, the courts of justice and to judicial officers, to do no
Jr., A.C. No. 5174, February 28, 2002) falsehood nor consent to the doing of any in court, nor
2. A lawyer was suspended for six (6) months, mislead or allow the court to be misled by any artifice, and to
ordered to refund to his clients the sum of P10,000.00, and assist in the speedy and efficient administration of justice.
warned for his failure to submit the appellee’s brief. ( Sps. (Encinas, et al., v. National Bookstore, Inc. G.R. No. 162704, July
Galen, et al., v. Atty. Paguirigan, A. C. No. 558, March 7, 2002) 28, 2005)
Lawyers as officers of the court have a BAR: 5. May a lawyer properly comment
responsibility to assist in the proper administration before the media the merits of a case he is
of justice. They do no discharge this duty by filing handling presently pending before the courts or
frivolous petitions that only add to the workload of the administrative bodies ? Why?
judiciary.
SUGGESTED ANSWER: No. It would be
A lawyer is part of the machinery in the administration
of justice. Like the court itself, he is an instrument to unethical to do so:
advance its ends – the speedy, efficient, impartial correct a. A lawyer shall not make public statements in
and inexpensive adjudication of cases and the prompt the media regarding a pending case tending to arouse
satisfaction of final judgments. A lawyer should not only
27
public opinion for or against a party . (Rules 13.02, Canon Forum shopping exists where the elements of litis
13, Code of Professional Responsibility) pendentia are present or where a final judgment in one case
b. Newspaper publications by a lawyer to will amount to res judicata in another. Thus, the following
pending or anticipated litigation may interfere with a fair requisites should concur:
trial in the courts and otherwise prejudice the due a) identity of parties, or at least such parties s
administration of justice. Generally, they are to be represent the same interests in both actions,
b) identity of rights asserted and relief prayed for
condemned. (1st sentence, Canon 20, Canons of Professional
Ethics) the relief being founded on the same facts, and
c) the identity of the two preceding particulars is
c. Indirect advertisements for professional
such that any judgment rendered in the other action will,
employment such as furnishing or inspiring newspaper regardless of which party is successful, amount to res
comments or procuring his photograph to be published judicata in the action under consideration. (Lim v. Montano,
in connection with causes in which the lawyer has been A. C. No. 5653, February 27, 2006)
or is engaged or concerning the manner of their
conduct, the magnitude of the interest involved, the The principle of forum shopping should apply
importance of the lawyer’s position, and all other like by analogy to a case involving the principle of law
self-laudation, offend the traditions and lower the tome of the case. While the Court has held that forum shopping
of our profession and are reprehensible. (2nd sentence, exists only where the elements of litis pendentia are present
Canon 27, Ibid.) or where a final judgment in one case will amount to res
judicata in another, it must be recalled that the doctrines of
6. “A lawyer shall exert every effort and law of the case and res judicata are founded on a public
consider it his duty to assist in the speedy and policy against reopening that which has previously been
efficient administration of justice.” (Canon 12, Code of decided. Both doctrines share he policy consideration of
Professional Responsibility) putting an end to litigation. (Spouses Aguilar v. The Manila
Banking Corporation, G. R. No. 157911, September 19, 2006)
Forum shopping. The essence of forum shopping
is the filing of multiple suits involving the same parties for Permutation of forum shopping is filing
the same cause of action, either simultaneously or various motions for inhibition to seek friendly
successively, for the purpose of obtaining a favorable branch. Through the motions for inhibition of the presiding
judgment, judges and the assignment of the case to different branches
It exists when, as a result of an adverse opinion in one of the same court, petitioners sought to obtain from one
forum, a party seeks a favorable opinion in another, or when branch a ruling more favorable than the ruling of another
he institutes two or more actions or proceedings grounded branch. They deliberately sought a friendly branch of the
on the same cause to increase the chances of obtaining a same court to grant them the relief that they wanted, despite
favorable decision. the finality of the resolution of one branch on the matter.
An important factor in determining its existence is the This is a permutation of forum shopping. It trifles with
vexation caused to the courts and the parties-litigants by the the courts, abuses their processes, degrades the
filing of similar cases to claim substantially the same reliefs. administration of justice, and congests court dockets. Be it
remembered that the grave evil sought to be avoided by the
28
rules against forum shopping is the rendition by two 8. “A lawyer shall not file multiple actions arising
competent tribunals of two separate, and contradictory from the same cause.” (Rule 12.02, Code of Professional
decisions. Unscrupulous party-litigants, taking advantage of Responsibility)
a variety of competent tribunals, may repeatedly try their
luck in several different fora until a favorable result is BAR: 9. Instances of forum shopping:
reached. This would make a complete mockery of the judicial
system. . (Spouses Aguilar v. The Manila Banking Corporation,
a. Whenever as a result of an adverse opinion
G. R. No. 157911, September 19, 2006) in one forum, or it may be added, in anticipation
thereof, a party seeks a favorable opinion in another
Lawyer subject to disciplinary penalty if he forum through means other than by appeal or certiorari,
resorts to forum shopping. A lawyer owes fidelity to the raising identical causes of action, subject matter, and
cause of his client but not at the expense of truth and the issues. (Ligon v. Court of Appeals, et al., G. R. No. 127683,
administration of justice. The filing of multiple petitions August 7, 1998)
constitutes abuse of the Court’s processes and improper b. When the elements of litis pendentia are
conduct that tends to impede, obstruct and degrade the present or where a final judgment in one case will
administration of justice and will be punished for contempt of amount to res judicata in the other case. (Ibid.)
court. c. When a party attempts to have his action
Needless to state, the lawyer who files such multiple tried in a particular court or jurisdiction where he feels
and repetitious petitions (which obviously delays the
he will receive the most favorable judgment or verdict.
execution of a final and executory judgment) subjects
(First Philippine International Bank, etc. v. Court of Appeals, et al.,
himself to disciplinary action for incompetence (for not
252 SCRA 259)
knowing any better) or for willful violation of his duties as an
attorney to act with all good fidelity to the courts, and to d. Filing a second suit in a court without
maintain only such actions as appear to him to be just and jurisdiction. (New Pangasinan Review, Inc. v. NLRC, 196
are consistent with truth and honor. The filing of another SCRA 55)
action concerning the same subject matter, in violation of e. Filing an action in court while the same cause
the doctrine of res judicata, runs contrary to Canon 12 of of action is still pending in an administrative
the Code of Professional Responsibility, which requires a proceeding. (Earth Minerals Exploration, Inc. v. Macaraig, 194
lawyer to exert every effort and consider it his duty to assist SCRA 1)
in the speedy and efficient administration of justice. (Lim v. f. When counsel omits to disclose the pendency
Montano, A. C. No. 5653, February 27, 2006) of an appeal, in filing a certiorari case. (Collado v.
Hernando, 181 SCRA 639)
BAR: 7. Forum shopping exists when two or
more actions involve the same transactions, essential BAR: 10. Forum shopping may result to
facts, and circumstances, and raise identical causes of dismissal, upon motion, of the second suit on the
action, subject matter and issues. (Ligon v. Court of ground:
Appeals, et al., G.R. No. 127683, August 7, 1998) a. That there is another action pending between
the same parties for the same cause [Sec. 1 (e), Rule 16,
Rules of Court]; or
29
b. That the cause of action is barred by a prior
judgment. [Sec. 1 (f), Ibid.] BAR: 14. “A lawyer shall rely upon the
merits of his cause and refrain from any
The mere filing of several cases based on the same impropriety which tends to influence, or gives the
incident does not necessarily constitute forum appearance of influencing the court.” (Canon 13,
shopping. (Paz v. Sanchez, A. C. No. 6125, September 19, Code of Professional Responsibility)
2006)
Illustrative case: Although both cases are related
because Dizon’s property is involved, the relief prayed for
BAR: 15. “A lawyer shall not extend
are different. In the DARAB case, Dizon prayed for the extraordinary attention or hospitality to, nor seek
cancellation of TCT No. 420127-R in the name of the opportunity for cultivating familiarity with Judges.” (Rule
complainant and his partners. In the RTC case, Dizon’s 13.01, Code of Professional Responsibility) Thus, a lawyer
widow prayed for the cancellation of TCT No. 483629-R in should not make a judge his compadre.
the name of Sycamore. Respondent cannot be held liable
for forum shopping. (Paz v. Sanchez, A. C. No. 6125, New associate is under the supervision of
September 19, 2006) more senior lawyers. It is a common practice in a law
firm that when it hires a new associate, his or her work is
ordinarily reviewed by the more senior associates of the
BAR 11. Willful and deliberate forum firm. If the supervising lawyers were not remiss in their duty
shopping shall be ground for summary dismissal with to follow up the status of the case they should have known
prejudice and shall constitute direct contempt, as well of the neglect. Simply put, the law firm itself was guilty of
as a cause for administrative sanctions. (last sentence, 2nd inexcusable neglect. (Trust International Paper Corporation v.
par., Sec. 5, Rule 7, Rules of Court) Pelaez, G. R. No. 164871, August 22, 2006)
In a 2005 case, the Supreme Court ruled that supervising
lawyers are responsible for their associates. Principals
BAR: 12. Failure to comply with the should closely monitor the activities of their associates to
certification against forum shopping shall not be make sure that the same is in consonance with the Code of
curable by mere amendment of the complaint or other Professional Ethics. Otherwise, they shall be subject to
initiatory pleading but shall be cause for the dismissal discipline.
of the case without prejudice, unless otherwise Partners and practitioners who hold supervisory
provided, upon motion and after hearing. (1st sentence, capacities are legally responsible to exert ordinary diligence
2nd par., Sec. 5, rule 7, Rules of Court) in apprising themselves of the comings and goings of the
cases handled by the persons over which they are
13. The submission of a false certification or exercising supervisory authority and in exerting necessary
non-compliance with any of the undertaking therein efforts to foreclose the occurrence of violations of the Code
of Professional Responsibility of persons under their charge.
shall constitute indirect contempt of court, without
Nonetheless, the liability of the supervising lawyer in this
prejudice to the corresponding administrative and regard is by no means equivalent to that of the recalcitrant
criminal actions. (2nd sentence, 2nd par., Sec. 5, Rule 7, Rules lawyer. The actual degree of control and supervision
of Court)
30
exercised by said supervising lawyer varies, inter alia, 2. Lawyers were held administratively liable for
according to office practice, or the length of experience and the conduct of their employees in failing to time file
competence of the lawyer supervised. Such factors can be pleadings. [Solatan v. Inocentes and Camano, A. C. No. 6504,
taken into account in ascertaining the proper penalty. August 9, 2005, citing Adaza v. Barinaga, 192 Phil. 198; 104
Certainly, a lawyer charged with the supervision of a SCRA 684 (1981)])
fledgling attorney prone to rookie mistakes should bear 3. Partners in a law firm were admonished for
greater responsibility for the culpable acts of the underling the contemptuous language in a pleading submitted to court
than one satisfied enough with the work and professional despite, and even due to, the fact that the pleadings were
ethic of the associate so as to leave the latter mostly to not passed upon by any of the partners of the office.
his/her own devises. (Solatan v. Inocentes and Camano, A. C. Partners are duty bound to provide for efficacious control of
No. 6504, August 9, 2005) court pleadings and other court papers that carry their
Law practitioners are acutely aware of the names or the name of the law firm. (Rheem of the Philippines,
responsibilities that are naturally taken on by partners and Inc. et al., v. Zoilo R. Ferrer, et al., G. R. L-22979, 26 June 1967,
supervisory lawyers over the lawyers and non-lawyers of the 20 SCRA 441 cited in Solatan v. Inocentes and Camano, A. C. No.
law office. (Ibid.) 6504, August 9, 2005)
The Supreme Court said that it is not unaware of the
custom of practitioners in a law firm of assigning cases and 4. TO THE CLIENTS
even entire client accounts to associates or other partners
with limited supervision, if at all. However, let it not be said BAR: 1. What are the duties of a lawyer to the
that law firm practitioners are given a free hand to assign client ?
cases to seasoned attorneys and thereafter conveniently SUGGESTED ANSWER:
forget about the case. To do so would be a disservice to the a. Not to refuse his services to the needy and
profession, the integrity and advancement of which this oppressed;
Court must jealously protect. (Ibid.) b. Observe candor, fairness and loyalty in all his
Thus, the senior lawyers were held liable in the dealings and transactions with his clients;
following instances: c. Hold in trust all moneys and properties of his
1. A senior lawyer was administratively liable by client that may come into his possession;
virtue of his associate’s unethical acts. His failure to d. Owe fidelity to the cause of his client and be
exercise certain responsibilities over matters under the mindful of the trust and confidence reposed in him;
charge of his law firm is a blameworthy shortcoming. The e. Serve his client with competence and diligence;
term “command responsibility” principle does not abide f. Represent his client with zeal within the bounds of
solely to the special meaning within the circle of men in the law;
uniform in the military. It controls the very circumstance in g. Charge only fair and reasonable fees;
which the senior lawyer found himself. h. Preserve the confidence and secrets of his client
The senior lawyer was admonished to monitor more even after the attorney-client relation is terminated;
closely the activities of his associates to make sure that the i. Withdraw his services only for good cause and
same are in consonance with the Code of Professional upon notice appropriate in the circumstances.
Responsibility with the warning that repetition of the same or
similar omission will be dealt with more severely . (Solatan v. CREATION OF LAWYER-CLIENT RELATIONSHIP
Inocentes and Camano, A. C. No. 6504, August 9, 2005)
31
2. A lawyer client relationship is by mere advocate for every person who may wish to become his
consultation. (Spouses Rabanal, et al., v. Atty. Tugade, A.C. client. He has the right to decline employment. (Dalisay v.
No. 1372, June 27, 2002; Burbe v. Atty. Magulta, A.C. No. 99-634, Mauricio, Jr., A. C. No. 5655, January 23, 2006, denial of motion
June 10, 2002) for reconsideration)
Meaning of conflict of interest. There is conflict Requirement for fidelity. The fidelity lawyers owe
of interest when a lawyer represents inconsistent interests of their clients is traditionally characterized as “undivided.”
two or more opposing parties. The existence of conflict of This means that lawyers must represent their clients and
interest is determined by three (3) tests: serve their needs without interference or impairment from
(1) when, in representation of one client, a any conflicting interest. (Solatan v. Inocentes, et al., A.C. No.
lawyer is also duty-bound to oppose it for another client; 6504, August 9, 2005)
(2) when the acceptance of the new retainer will Attorneys guilty of representing conflicting interests
require an attorney to perform an act that may injuriously shall as rule be sanctioned with suspension from practice of
affect the first client or, when called upon in a new relation, law. (Northwestern University, Inc., et al., v. Arquillo, A.C. No.
to use against the first one any knowledge acquired through 6632, August 2, 2005) It is a hornbook doctrine grounded on
their professional connection; or public policy that a lawyer’s representation of both sides of
(3) when the acceptance of a new relation would an issue is highly improper. The proscription applies when
prevent the full discharge of an attorney’s duty to give the conflicting interests arise with respect to the same
undivided fidelity and loyalty to the client or would invite general matter, however slight such conflict may be. It
suspicion of unfaithfulness or double dealing in the applies even when the attorney acts from honest intentions
performance of that duty. (Northwestern University, Inc., et al. v. or in good faith. (Northwestern University, Inc., et al. v. Arquillo,
Arquillo, A.C. No. 6632, August 2, 2005 citing Santos v. Beltran, A.C. No. 6632, August 2, 2005 citing Nakpil v. Valdes, 350 Phil.
418 SCRA 220, 223, July 1, 2003; Hornilla v. Salunat, 405 SCRA 412; 286 SCRA 758, March 4, 1998)
220, 223, July 1, 2003. See Agpalo, The Code of Professional
Responsibility for Lawyers ) Meaning of conflict of interest. There is conflict
of interest when a lawyer represents inconsistent interests of
Thus, there is conflict of interest even where the two or more opposing parties. The existence of conflict of
actions are unrelated. The proscription against interest is determined by three (3) tests:
representation of conflicting interests applies to a situation (1) when, in representation of one client, a
lawyer is also duty-bound to oppose it for another client;
37
(2) when the acceptance of the new retainer will will require the attorney to do anything which will injuriously
require an attorney to perform an act that may injuriously affect his first client in any manner in which he represents
affect the first client or, when called upon in a new relation, him and also whether he will be called upon in his new
to use against the first one any knowledge acquired through relation, to use against the first one any knowledge acquired
their professional connection; or during their professional connection; or (3) when the
(3) when the acceptance of a new relation would acceptance of a new relation will prevent the full discharge
prevent the full discharge of an attorney’s duty to give of an attorney’s duty to give undivided fidelity and loyalty to
undivided fidelity and loyalty to the client or would invite the client or invite suspicion of unfaithfulness or double
suspicion of unfaithfulness or double dealing in the dealing in the performance of that duty. (Northwestern
performance of that duty. (Northwestern University, Inc., et al. v. University, Inc. v. Arquillo, A.C. No. 6632, August 2, 2005)
Arquillo, A.C. No. 6632, August 2, 2005 citing Santos v. Beltran, A lawyer was suspended for one year with stern
418 SCRA 220, 223, July 1, 2003; Hornilla v. Salunat, 405 SCRA warning because he represented the complainants in a labor
220, 223, July 1, 2003. See Agpalo, The Code of Professional case which was consolidated with another labor case where
Responsibility for Lawyers ) he represented one of the respondent employers. It does
not matter that his client in one of the respondent employers
There is representation of conflicting was subsequently exonerated. Having agreed to represent
interests if the acceptance of the new retainer will require one of the opposing parties that, the lawyer should have
the attorney to do anything which will injuriously affect his known that there was an obvious conflict of interests,
first client in any manner in which he represents him and regardless of his alleged belief that they were all on the
also whether he will be called upon in his new relation, to same side. It cannot be denied that the dismissed
use against his first client any knowledge acquired during employees were the complainants in the same cases in
their connection. [Pormento, Sr. v. Pontevedra, A. C. No. 5128, which his client was one of the respondents. (Ibid.)
March 31, 2005; Frias v. Lozada, A.C. No. 6656, December 13, An attorney cannot represent adverse interests. It is
2005 (Formerly CBD – 98 – 591)] a hornbook doctrine grounded on public policy that a
Another test to determine if there is representation of lawyer’s representation of both sides of an issue is highly
conflicting interests is whether the acceptance of a new improper. The proscription applies when the conflicting
relation will prevent an attorney from the full discharge of his interests arise with respect to the same general matter,
duty of undivided fidelity and loyalty to his client or invite however slight such conflict may be. It applies even when
suspicion of unfaithfulness or double dealing in the the attorney acts from honest intention or good faith. (Ibid.)
performance thereof. [Pormento, Sr. v. Pontevedra, A. C. No.
5128, March 31, 2005; Frias v. Lozada, A.C. No. 6656,December Good faith not a defense in conflict of interest cases.
13, 2005 (Formerly CBD – 98 – 591)] The prohibition against representing conflicting interests is
absolute and the rule applies even if the lawyer has acted in
Alternative statement of conflict of interest. good faith and with no intention to represent conflicting
When a lawyer represents two or more opposing parties, interests. (Daging v. Davis, A.C No. 9395, November 12, 2014 citing
there is a conflict of interests, the existence of which is Orola v. Ramos, A.C. No. 9860, September 11, 2013, 705 SCRA 350,
determined by three separate tests: (1) when, in 358-359)
representation of one client, a lawyer is required to fight for
an issue or claim, but is also duty bound to oppose it for BAR: 2. Why is a lawyer prohibited from
another client; (2) when the acceptance of the new retainer representing conflicting interests ?
38
SUGGESTED ANSWER:
a. The relation between client and lawyer is Rationale for prohibiting representation of
founded on trust and confidence. The lawyer learns conflicting interests. The prohibition is founded on
the strong and weak points of the client’s cause. In principles of public policy and good taste as the nature of te
order to have the fullest confidence the client must be lawyer-client relations is is one of trust and confidence of the
highest degree. Lawyers are expected not only to keep
assured that his secrets would not be used against
inviolate the client’s confidence, but also to avoid the
him. (Maturan v. Gonzales, A.C. No. 2597, March 12, 1998) appearance of treachery and double-dealing for only then
b. Not only to prevent the dishonest practitioner can litigants be encouraged to entrust their secrets to their
from fraudulent conduct, but as well to protect an lawyers, which is of paramount importance in the
honest lawyer from unfounded suspicion of administration of justice. (Gonzales v. Cabucana, Jr., A. C. No.
unprofessional practice. (Hilado v. David, 84 Phil,. 571) 6836, January 23, 2006)
DOCTRINE:
A lawyer shall preserve the confidence and secrets BAR: 3. Is there any exception to the
of his client even after the attorney-client relation is prohibition on representation of conflicting interest
terminated. (Canon 21, CPR) ?
An attorney owes his client undivided allegiance.
SUGGESTED ANSWER: A lawyer shall not
because of the highly fiduciary nature of the attorney-client
relationship, sound public policy dictates that a lawyer be represent conflicting interests except by written consent
prohibited from representing conflicting interests or of all concerned given after a full disclosure of the
discharging inconsistent duties. he may not, without being facts.” (Rule 15.03, Code of Professional Responsibility)
guilty of professional misconduct, act as counsel for a
person whose interest conflicts with that of his present or Criminal Penalties. The protection to the client is
former client. Indeed good faith and honest intention on the such that, representation of conflicting interests is a felony
part of the erring lawyer does not make this rule inoperative. under the 2nd par., of Art. 209, of the Revised Penal Code
The lawyer is an officer of the court and his actions are which provides that In addition to the proper administrative
governed by the uncompromising rules of professional action, the penalty of prision correccional in its minimum
ethics. period, or a fine ranging from 200 to 1,000 pesos, or both
Inherently disadvantageous to his client’s cause, shall be imposed upon any attorney-at-law or solicitor
representation by the lawyer of conflicting interests requires (procurador judicial) who, having undertaken the defense of
disclosure of all facts and consent of all the parties involved. a client or having received confidential information from said
Artezuela v. Atty. Maderazo, A. C. No. 4354, April 22, 2002 client in a case, shall undertake the defense of the opposing
party in the same case, without the consent of the first client.
Test of conflict of interest. One of the test of
inconsistency of interests is whether the acceptance of a No conflict of interest. There is no conflict of
new relation would prevent the full discharge of the lawyer’s interest where the lawyer represented the complainant’s
duty of undivided fidelity and loyalty to the client or invite nephew and other members of his family in an ejectment
suspicion of unfaithfulness or double-dealing in the suit and the complainant in a criminal case filed by the
performance of that duty. (Gonzales v. Cabucana, Jr., A. C. No. complainant against his nephew and other members of his
6836, January 23, 2006)
39
family involving several parts of trucks owned by the
complainant. Reason: The two civil and criminal cases are A lawyer is forbidden from representing a
not in any way connected with each other. (Pormento, Sr. v. subsequent client against a former client when the
Pontevedra, A. C. No. 5128, March 31, 2005) subject matter of the present controversy is related, directly
There is no conflicting interest where no employment or indirectly, to the subject matter of the previous litigation in
relation was offered or accepted as a result of the advice which he appeared for the former client. A lawyer may
that was offered. (Solatan v. Inocentes, et al., A.C. No. 6504, properly act as counsel for a new client, with full
August 9, 2005) disclosure to the latter, against a former client in a matter
Unquestionably, an attorney giving legal advice to a wholly unrelated to that of the previous employment, there
party with an interest conflicting with that of his client being in that instance no conflict of interest. Where,
resulting in detriment to the latter may be held guilty of however, the subject matter of the present suit between the
disloyalty. However, far be it that every utterance of an lawyer’s new client and his former client is in some way
attorney may have afforded an individual some relief connected with that of the former client’s action, the lawyer
adverse to the former’s client may be labeled as a culpable may have to contend for his new client that which he
act of disloyalty. As in every case, the acts alleged to be previously opposed as counsel for the former client or to use
culpable mist be assessed in light of the surrounding against the latter information confided to him as his counsel.
circumstances. (Solatan v. Inocentes, et al., A.C. No. 6504, (Pormento, Sr. v. Pontevedra, A. C. No. 5128, March 31, 2005)
August 9, 2005) The proscription against representation of conflicting
interests finds application where the conflicting interests
There was no conflict of interest involved where the arise with respect to the same general matter and is
complainant was informed by the lawyer that he must prove applicable however slight such adverse interest may be. In
his ownership over certain personal properties after the essence, what a lawyer owes to his former client is to
latter has already sought police assistance relative to a maintain inviolate the client’s confidence or to refrain from
controversy involving his clients and the complainant. This doing anything which will injuriously affect him in any matter
is so because the statement given by the lawyer was in in which he previously represented him. (Ibid.)
response to the insistence of the complainant at the police
station that the property was his and not that of the Rationale for prohibiting representation of
judgment creditor against whom the lawyer’s clients had
conflicting interests. The reason for the prohibition is
levied. No employment relation was offered or accepted in
found in the relation of attorney and client, which is one of
the instant case. There was likewise no likewise no conflict
trust and confidence of the highest degree. A lawyer
of interest because the lawyer’s clients were not claiming
becomes familiar with the facts connected with his client's
ownership over the property. (Solatan v. Inocentes, et al., A.C.
case. He learns from his client the weak points of the action
No. 6504, August 9, 2005)
as well as the strong ones. Such knowledge must be
The lawyer having informed complainant that the
considered sacred and guarded with care. No opportunity
levied properties would be returned to him upon showing
must be given him to take advantage of the client's secrets.
proof of his ownership may not be considered as infidelity to
A lawyer must have the fullest confidence of his client, for if
the interest of his clients because under the circumstances,
the confidence is abused, the profession will suffer by the
it lacks the essence of double dealing and betrayal of the
loss thereof. (Maturan v. Gonzales, A.C. No. 2597, March 12,
latter’s confidence so as to deserve outright categorization
1998)
as infidelity or disloyalty to his client’s cause. (Ibid.)
40
An attorney owes his client undivided allegiance. The defense that there are only three practicing
because of the highly fiduciary nature of the attorney-client lawyers in the community where the complainant and the
relationship, sound public policy dictates that a lawyer be respondent lawyer were residing was not also given
prohibited from representing conflicting interests or credence. The lawyer alleged that one of the lawyers was
discharging inconsistent duties. he may not, without being already handling the case for the complainant, and the other
guilty of professional misconduct, act as counsel for a is a relative of the complainant while the third is the
person whose interest conflicts with that of his present or respondent. This is not an excuse because the respondent
former client. Indeed good faith and honest intention on the should have referred his clients to the Public Attorney’s
part of the erring lawyer does not make this rule inoperative. Office or to other practicing lawyers in the neighboring
The lawyer is an officer of the court and his actions are towns. (Ibid.)
governed by the uncompromising rules of professional
ethics. (iv) Candid and honest advice to
Inherently disadvantageous to his client’s cause, clients
representation by the lawyer of conflicting interests requires
disclosure of all facts and consent of all the parties involved. (v) Compliance with laws
The relation between lawyer and client is founded on
the basis of trust and confidence which is a matter of public (vi) Concurrent practice of another
policy and good taste. To breach the client’s confidence profession
would also create the appearance of treachery and double
dealing. This would in turn discourage litigants from c) Client’s moneys and properties
entrusting their secrets to their attorneys which is of
paramount importance n the administration of justice. (i) Fiduciary relationship
(Pormento, Sr. v. Pontevedra, A. C. No. 5128, March 31, 2005)
The stern rule is founded on the principles of public (ii) Commingling of funds
policy and good taste. It springs from the relation of
attorney and client which is one of trust and confidence.
[Frias v. Lozada, A.C. No. 6656, December 13, 2005 (Formerly (iii) Delivery of funds
CBD – 98 – 591)]
(iv) Borrowing or lending
Defense of good faith unavailing in conflict
of interests situation. The defense of representation of Illustrative case: Respondent’s receipt of the
conflicting interests (criminal case) for humanitarian reasons 2,500,000.00 loan from complainants is amply supported by
and with the honest belief that there exists no conflict of substantial evidence. As the records bear out, Blesilda, on
interests is not acceptable. The prohibition against March 23, 2006, issued three (3) East West Bank Checks, in
representation of conflicting interests applies although the amounts totalling to P2,500,000.00, with respondent as the
attorney’s intentions and motives were honest and he acted payee. Also, Annex “E” of the Verified Complaint shows
in good faith. Moreover, the fact that the conflict of interests that respondent acknowledged receipt of the checks and
is remote or merely probable does not make the prohibition agreed to pay the complainants the loan plus the pro-rated
inoperative. (Pormento, Sr. v. Pontevedra, A. C. No. 5128, interest of five percent (5%) per month within five (5) days.
March 31, 2005) The dorsal sides of the checks likewise show that
41
respondent personally encashed the checks on the day they interest of justice, he has to advance necessary expenses in
were issued. With respondent’s direct transactional a legal matter he is handling for the client.”
involvement and the actual benefit he derived therefrom, The Supreme Court has repeatedly emphasized that
absent too any credible indication to the contrary, the the relationship between a lawyer and his client is one
Supreme Court is thus convinced that respondent was imbued with trust and confidence. And as true as any
indeed the one who borrowed the amount of P2,500,000.00 natural tendency goes, this “trust and confidence” is prone
from complainants, which amount he had failed to return, to abuse. The rule against borrowing of money by a lawyer
despite their insistent pleas. Respondent’s theory that Nault from his client is intended to prevent the lawyer from taking
is the real debtor hardly inspires belief. While respondent advantage of his influence over his client. [Sps. Concepcion v.
submitted a document purporting to be Nault’s Atty. de la Rosa, A.C. No. 10681, Feb. 3, 2015 citing Junio v. Atty. Grupo,
acknowledgment of his debt to the complainants, Nault, in 423 Phil. 808, 816 (2001)]
his Answer to Third Party Complaint, categorically denied
knowing the complainants and incurring the same obligation. Reason for the prohibition for lawyers to borrow
Moreover, as correctly pointed out by complainants, it would from the client. The rule presumes that the client is
be illogical for them to extend a P2,500,000.00 loan without disadvantaged by the lawyer’s ability to use all the legal
any collateral or security to a person they do not even know. maneuverings to renege on his obligation. [Sps. Concepcion v.
Atty. de la Rosa, A.C. No. 10681, Feb. 3, 2015 citing Frias v. Atty.
On the other hand, complainants were able to submit Lozada, 513 Phil. 512, 521-522 (2005)]
documents showing respondent’s receipt of the checks and A lawyer’s act of asking a client for a loan, as what
their encashment, as well as his agreement to return the - respondent did, is very unethical. It comes within those acts
P2,500,000.00 plus interest. This is bolstered by the fact considered as abuse of client’s confidence. The canon
that the loan transaction was entered into during the presumes that the client is disadvantaged by the lawyer’s
existence of a lawyer-client relationship between him and ability to use all the legal maneuverings to renege on her
complainants, allowing the former to wield a greater obligation. (Ibid.)
influence over the latter in view of the trust and confidence
inherently imbued in such relationship. . [Sps. Concepcion v. Abuse of client’s trust and confidence. In unduly
Atty. de la Rosa, A.C. No. 10681, Feb. 3, 2015 citing Frias v. Atty.
Lozada, 513 Phil. 512, 521-522 (2005)]
borrowing money from the complainants and by blatantly
refusing to pay the same, respondent abused the trust and
Lawyer not to borrow from client. Under Rule confidence reposed in him by his clients, and, in so doing,
16.04, Canon 16 of the CPR, a lawyer is prohibited from failed to uphold the integrity and dignity of the legal
borrowing money from his client unless the client’s interests profession. The respondent not only violated the prohibition
are fully protected: to borrow money from the client, the also violated Canon 7
CANON 16 – A lawyer shall hold in trust all moneys of the CPR which reads: CANON 7 - A LAWYER SHALL AT
and properties of his clients that may come into his ALL TIMES UPHOLD THE INTEGRITY AND DIGNITY OF
possession. THE LEGAL PROFESSION AND SUPPORT THE
Rule 16.04 – A lawyer shall not borrow money from ACTIVITIES OF THE INTEGRATED BAR.
his client unless the client’s interests are fully protected by Thus, he should be equally held administratively
the nature of the case or by independent advice. Neither liable on this score. [Sps. Concepcion v. Atty. de la Rosa, A.C. No.
10681, Feb. 3, 2015
shall lawyer lend money to a client except, when in the
42
Imposable penalty for borrowing money from the Soliman v. Atty. Lerios-Amboy, No.10568 [Formerly CBD Case No.
client. The appropriate penalty for an errant lawyer 102753, January 13, 2015
depends on the exercise of sound judicial discretion based
Duty of lawyer to owe fidelity to client’s cause.
on the surrounding facts. [Sps. Concepcion v. Atty. de la Rosa, A.C.
No. 10681, Feb. 3, 2015 citing Sps. Soriano v. Atty. Reyes, 523 Phil. 1, The Code of Professional Responsibility clearly states that a
16 (2006)] lawyer owes fidelity to the cause of his client and that he
a. In Frias, the Court suspended the lawyer from should be mindful of the trust and confidence reposed in
the practice of law for two (2) years after borrowing him. (Soliman v. Atty. Lerios-Amboy, No.10568 [Formerly
P900,000.00 from her client, refusing to pay the same CBD Case No. 102753, January 13, 2015 citing Code of
despite court order, and representing conflicting interests. Professional Responsibility, Canon 17) A lawyer is
b. Considering the greater amount involved in mandated to serve his client with competence and diligence;
this case (P2,500,000.00) and respondent's continuous to never neglect a legal matter entrusted to him; and to keep
refusal to pay his debt, the Court deems it apt to suspend his client informed of the status of his case and respond
him from the practice of law for three (3) years, instead of within a reasonable time to the client’s request for
the IBP's recommendation to suspend him indefinitely. (Sps. information. (Ibid, Canon 18, Rules 18.03 and 18.04)
Concepcion, supra)
Illustration of negligence, incompetence and act
Disciplinary penalty does not include of undermining the law and the penalty imposed. The
reimbursement of amount borrowed. The Court also circumstances of this case clearly show that respondent
deems it appropriate to modify the IBP's Resolution insofar lawyer, after receiving P25,000.00 as payment for her
as it orders respondent to return to the complainants the professional services, failed to submit material documents
amount of P2,500,000.00 and the legal interest thereon. It is relative to the issuance of separate certificates of title to the
settled that in disciplinary proceedings against lawyers, the individual owners of the property. It was her negligence
only issue is whether the officer of the court is still fit to be which caused the delay in the issuance of the certificates of
allowed to continue as a member of the Bar. [Sps. Concepcion title.
v. Atty. de la Rosa, A.C. No. 10681, Feb. 3, 2015 citing Roa v. Atty. To make matters worse, the respondent lawyer
Moreno, 633 Phil. 1, 8 (2010) See also Suzuki v. Atty. Tiamson, 508 Phil.
130, 142 (2005)]
abetted the commission of an illegal act when she asked
In such cases, the Court's only concern is the from the complainant the amount of P50,000.00 to be paid
determination of respondent's administrative liability; it to her “contact” inside the office of the RD in order to
should not involve his civil liability for money received from facilitate the release of the said certificates of title. Further,
his client in a transaction separate, distinct, and not notwithstanding the payment of P50,000.00, the respondent
intrinsically linked to his professional engagement. A turn of lawyer still failed to obtain issuance of the said certificates
the money borrowed is beyond the ambit of the of title. Instead of procuring the release of the certificates of
administrative case. (Sps. Concepcion, supra) title as she promised, the respondent asked for an additional
P10,000.00 from the complainant. Clearly, this is not a
simple case of negligence and incompetence by a counsel
d) Fidelity to client’s cause in dealing with a client. The respondent lawyer’s acts
undermined the legal processes, which she swore to uphold
e) Competence and diligence and defend. In swearing to the oath, the respondent lawyer
bound herself to respect the law and legal processes. The
43
Court further finds improper the refusal of the respondent
lawyer to return the amount of P50,000.00 which she paid in (ii) Negligence
order to facilitate the release of the certificates of title. To
reiterate, upon inquiry, the Deputy RD of Manila, denied (iii) Collaborating counsel
having received any amount from the respondent lawyer. In
not returning the money to the complainant after a demand
(iv) Duty to apprise client
therefor was made following her failure to procure the
issuance of the certificates of title, the respondent lawyer
violated Canon 16 of the Code of Professional f) Representation with zeal within legal
Responsibility, particularly Rule 16.03 thereof, which bounds
requires that a lawyer shall deliver the funds and property of
his client upon demand. It is settled that the unjustified Lack of zeal. Thee was an the improvident plea of
withholding of money belonging to a client warrants the guilty made by accused Juan Magalop, presumably upon
imposition of disciplinary action. [Soliman v. Atty. Lerios-Amboy, the advice of his counsel, the PAO lawyer. It would seem
No.10568 [Formerly CBD Case No. 102753, January 13, 2015 with a that this lawyer was less than conscientious when he
note to See Sencio v. Atty. Calvadores, 443 Phil. 490, 494 (2003)] advised his indigent client to admit a crime the man did no[t]
The respondent lawyer was suspended for a period commit. As the ponencia observed, “outside of his
of two (2) years from receipt of the Resolution. Furthermore, improvident plea of guilt, there is absolutely no evidence
she was ordered to return to the complainant the entire against him – presented or forthcoming. From the evidence
amount of Fifty Thousand Pesos (PS0,000.00) she received of the prosecution, there is no way by which Magalop could
from the latter, plus legal interest thereon, reckoned from have been implicated.” The separate oion of Justice Isagani
finality of the Resolution imposing the penalty until fully paid. Cruz wen on further to say, “It seems to me that if any one is
The respondent was further directed to promptly submit to guilty in this case, it is the PAO lawyer who, through an
the Supreme Court written proof of her compliance within incredible lack of zeal in the discharge of his duties, was
thirty (30) days from notice of the Resolution imposing the apparently willing, without any moral compunctions at all,
penalty. (Soliman, supra) and without proof, to consign an innocent man to prison.
The PAO is supposed to defend the accused, not to
Presumption of misappropriation upon failure to condemn them without cause. The defense counsel in this
return client’s funds after demand. "A lawyer's failure to case did not seem to appreciate this responsibility when he
return upon demand the funds held by him on behalf of his prodded Magalop to plead guilty and waived the right to
client gives rise to the presumption that he has appropriated submit evidence in his behalf.” (Separate opinion of Justice
the same for his own use in violation of the trust reposed in Isagani Cruz in People v. Mendoza G.R. No. 80845, March 14, 1994, 231
him by his client. Such act is a gross violation of general SCRA 264, 271 cited in Villahermosa, Sr. v. Atty. Caracol, A.C. No. 7325,
January 21, 2015)
morality as well as of professional ethics. It impairs public
confidence in the legal profession and deserves
punishment." [Soliman v. Atty. Lerios-Amboy, No.10568 [Formerly
(i) Use of fair and honest means
CBD Case No. 102753, January 13, 2015 citing Adrimisin v. Atty. Javier,
532 Phil. 639, 645-646 (2006)] (ii) Client’s fraud
4. If the contract between client and BAR 7. What factors may be used as
attorney has been reduced to writing and the dismissal factors in determining attorney’s fees ?
of the attorney was without justifiable cause, he shall SUGGESTED ANSWER:
be entitled to recover from the client the full a. The time spent an the extent of the services
compensation stipulated in the contract. (Sec. 26, Rule rendered or required;
138, Rules of Court)
b. The novelty and difficulty of the questions
involved;
BAR 5. What is the concept of attorney’s c. The importance of the subject matter;
fees on a quantum meruit basis ? d. the skill demanded;
SUGGESTED ANSWER: The fee which is as e. The probability of losing other employment as
much as the lawyer deserves considering the a result of acceptance of the proffered case;
reasonable value of the services he has rendered. f. The customary charges for similar services
(Teerthdass v. Pohoomol Brothers, 15 Phil. 607)
and the schedule of fees of the IBP Chapter to which
he belongs;
54
g. The amount involved in the controversy and Suits for attorney’s fees should be avoided. Suits
the benefits resulting to the client from the service; to collect attorney’s fees should be avoided and should be filed
only when circumstances force lawyers to resort to it. The
h. the contingency or certainty of compensation;
respondents motion for payment of their lawyer’s fees was not
i. The character of the employment, whether meant to collect what was justly due them; the fact was, they had
occasional or established; and already been adequately paid. (Pineda v. De Jesus, et al., G. R.
j. The professional standing of the lawyer. (Rule No. 155224, August 23, 2006)
20.01, Code of Professional Responsibility)
Where suit for attorney’s fees may be filed. A
lawyer may enforce his right to his fees by filing the necessary
BAR 8. What is a contingent fee ? Is it petition as an incident of the man action in which his services wee
allowed in this jurisdiction ? Why ? rendered or in an independent suit against is client. The former is
SUGGESTED ANSWER: An agreement laid preferable to avoid multiplicity of suits. (Pineda v. De Jesus, et al.,
down in an express contract between a lawyer and a G. R. No. 155224, August 23, 2006)
client in which the lawyer’s professional fee, usually a
fixed percentage of what may be recovered in the
action is made to depend upon the success of the
litigation. (Tagans v. NLRC, et al., 248 SCRA 133) 13. Discuss the propriety of a lawyer filing a
It is allowed because that is the only way by suit against his client concerning his fees.
which the poor and helpless can have their rights SUGGESTED ANSWER: “A lawyer shall avoid
vindicated and upheld. controversies with clients concerning his compensation
and shall resort to judicial action to prevent imposition,
injustice or fraud.” (Rule 20.04, Canon 20, Code of
Professional Responsibility)
Controversies with clients concerning
compensation are to be avoided by the lawyer so far as
shall be compatible with his self-respect and with his
(iii) Attorney’s liens right to receive reasonable compensation for his
services.
(iv) Fees and controversies with BAR 14. Assumpsit is the action filed by a
clients lawyer against his client for collection of attorney’s
fees.
A lawyer shall avoid controversies with clients
concerning his compensation and shall resort to
judicial action only to prevent imposition, injustice, or
fraud. (CPR, Rule 20.04) (v) Concepts of attorney’s fees
A member of the Bar may be removed or Illustrative case: The respondent lawyer who was
suspended from his office as attorney by the Supreme driving his car under the influence of liquor, chased a taxi
Court xxx: which had overtaken him and held the taxi driver by the
shirt. When the latter opened the door, the respondent fell
64
to the ground. The taxi driver went out of the taxi to help was the one who initiated, through a vice-mayor, efforts to
the respondent who totally enraged stood up and was about settle his civil liability. He has shown lack of common
to hit the taxi driver with a fist blow when the latter boxed honesty when he claimed he was mauled by the
him on the chest. The respondent again fell to the ground complainant and his two companions when the medical
and got up once more and tried to box the taxi driver who records has shown that this was implausible considering the
caught his fist and turned is arm around. When he was nature of the injuries he suffered.
released the respondent went back to his car to get his In sum, when lawyers are convicted of frustrated
unlicensed firearm which he wrapped with a handkerchief. homicide, the attendant circumstances – not the mere fact
In the meantime the taxi driver saw the eyeglasses of the of their conviction – would demonstrate their fitness to
respondent on the ground so he picked it up to return it to remain in the legal profession. In the present case, the
the respondent. As he was handing the same to the appalling vindictiveness, treachery, and brazen dishonesty
respondent, the latter shot him on the neck. The taxi driver of respondent clearly show his unworthiness to continue as
fell on the thigh of the respondent who pushed him off and a member of the bar.
sped of. His claimed that he was ganged upon by the taxi
driver and his two companions. On the above basis the Not all convictions of homicide involve moral
lower court convicted him of frustrated homicide, with an turpitude. This is not to say that all convictions of the crime
award of damages to the taxi driver. The respondent of homicide do not involve moral turpitude. Homicide may or
applied for and was granted probation. may not involve moral turpitude depending on the degree of
Disbarment proceedings were then proffered by the
the crime
complainant-taxi driver against the respondent. He was
disbarred. Moral turpitude is not involved in every criminal act
The Supreme Court compared the instant case with and is not shown by every known and intentional violation of
International Rice Research Institute (IRRI) v. NLRC, 221 statute, but whether any particular conviction involves moral
SCRA 760, 767, May 12, 1993, a labor case where it was turpitude may be a question of fact and frequently depends
held that homicide did not involve moral turpitude. The on all the surrounding circumstances. While x x x generally
appreciation in this case of the mitigating circumstances of but not always, crimes mala in se involve moral turpitude,
incomplete self-defense and voluntary surrender, plus the while crimes mala prohibita do not, it cannot always be
total absence of any aggravating circumstance clearly ascertained whether moral turpitude does or does not exist
demonstrate that the employee’s character and intention by classifying a crime as malum in se or as malum
were not inherently vile, immoral or unjust.
prohibitum, since there are crimes which are mala in se
It is different with the case of the respondent
lawyer, who was clearly the aggressor, as he pursued and and yet rarely involve moral turpitude and there are crimes
shot the complainant when the latter least expected it. The which involve moral turpitude and are mala prohibita only. It
act of aggression will not be mitigated by the act that the follows therefore, that moral turpitude is somewhat a vague
respondent was hit once and his arm twisted by the and indefinite term, the meaning of which must be left to the
complainant. There was likewise present the aggravating process of judicial inclusion or exclusion as the cases are
circumstance of treachery. To make matters worse, the reached (Garcia v. Sesbreño, A.C. 7973 and A.C. No. 19457, February
respondent in wrapping the handle of his unlicensed firearm 3, 2015 citing International Rice Research Institute v. NLRC, G.R. No.
with a handkerchief so as not to leave fingerprints betrayed 97239, 12 May 1993, 221 SCRA 760, 768)
his sly intention to escape punishment for his crime. He has
likewise failed to satisfy his civil liabilities attendant to the Illustration of homicide that was attended by
offense after efforts for a settlement failed. He further made moral turpitude. The respondent lawyer was previously
the claim that it was the complainant’ family who convicted of homicide and sentenced to suffer a prison term
approached him for settlement of the civil liability when he
65
of 9 years and 1 day of prisión mayor, as a minimum, to 16 6 months to 10 years imprisonment" the penalty imposed on
years and 4 months of reclusion temporal, as a maximum, the respondent lawyer. Commutation is a mere reduction of
with accessory penalties provided by law, to indemnify the penalty. [Garcia, supra citing Cabantag v. Wolfe, 6 Phil. 273 (1906)]
heirs of the deceased in the amount of P50,000.00 and to
pay the costs. Commutation only partially extinguished criminal
The circumstances show the presence of moral liability. (Garcia, supra citing Article 94, Revised Penal Code)
turpitude. The Decision showed that the deceased and his The penalty for the respondent lawyer’s crime was
companion were walking and just passed by the respondent never wiped out. He served the commuted or reduced
lawyer’s house when the latter, without any provocation from penalty, for which reason he was released from prison. More
the former, went out of his house, aimed his rifle, and importantly, the Final Release and Discharge stated that "[i]t
started firing at them. According to the surviving victim , they is understood that such x x x accessory penalties of the law
were about five meters, more or less, from the gate of the as have not been expressly remitted herein shall subsist."
respondent lawyer when they heard the screeching sound of Even if the respondent lawyer has been granted
the gate and when they turned around, they saw the pardon, there is nothing in the records that shows that it was
respondent lawyer aiming his rifle at them. The surviving a full and unconditional pardon. In addition, the practice of
victim and the deceased ran away but the deceased was law is not a right but a privilege. [Garcia, supra citing Overgaard v.
hit. An eyewitness, recalled that he heard shots and opened Atty. Valdez, 588 Phil. 422 (2008)]
the window of his house. He saw the surviving victim and It is granted only to those possessing good moral
the deceased running away while the respondent lawyer character. (Ibid.)
was firing his firearm rapidly, hitting the house of the witness A violation of the high moral standards of the legal
in the process. Another witness, saw the deceased fall down profession justifies the imposition of the appropriate penalty
after being shot, then saw the respondent lawyer in the against a lawyer, including the penalty of disbarment. (Ibid.)
middle of the street, carrying a long firearm, and walking
back towards the gate of his house. The victims were just at Contempt
the wrong place and time. They did not do anything that
justified the indiscriminate firing done by the respondent Indirect contempt. Addressing a letter to Chief Justice
Davide alleging corruption in the judiciary connotes bad faith and
lawyer that eventually led to the death of the deceased.
(Garcia v. Sesbreño, A.C. 7973 and A.C. No. 19457, February 3, 2015)
imputes a dishonest purpose or some moral oliguity and conscious
ding of a wring. It contemplates a state of mind affirmatively
.
operating with furtive design or some motive of self-interest or ill-
Respondent lawyer was disbarred for his will for ulterior purposes.
conviction of homicide that involved moral turpitude. The honor and integrity of the court from assaults of
There are four acts of executive clemency that the President disrespect must be preserved. One reason why respect of the
can extend: the President can grant reprieves, public for the Judiciary has diminished is because of unscrupulous
commutations, pardons, and remit fines and forfeitures, after lawyers who imply that judges and justices can be influenced or
conviction by final judgment. (Garcia v. Sesbreño, A.C. 7973 and bribed. Such conduct has no place in the legal profession.
A.C. No. 19457, February 3, 2015 citing Section 19, Article VII, 1987 Thus, a lawyer and his client who wrote the letter to Chief
Constitution and a note to See Garcia v. Chairman, Commission on Audit, Justice Davide were declared guilty of indirect contempt of court.
G.R. No. 75025, 14 September 1993, 226 SCRA 356) They were fined P50,000.00 each and warned that a repetition of
In this case, the executive clemency merely similar acts will warrant a more severe penalty. (Mercado, et al.,
"commuted to an indeterminate prison term of 7 years and
66
v. Security Bank Corporation, G. R. No. 160445, February 16, 20. A lawyer could not seek shelter in his duty
2006) to protect the interest of his client. Lawyers should be
reminded that their primary duty is to assist the courts
16. A veiled threat to file a petition for certiorari against
in the administration of justice. Any conduct which
the trial court is contrary to the provisions which
tends to delay, impede or obstruct the administration of
mandates that “a lawyer shall abstain from scandalous,
justice contravenes such lawyer’s duty. (Bugaring, et al.,
offensive or menacing language or behavior before the v. Hon. Espanol, etc., G.R. No. 133090, January 19, 2001)
Courts.” (Bugaring, et al., v. Hon. Espanol, etc., G.R. No.
133090, January 19, 2001) Disciplinary proceedings against a lawyer are private
and confidential until its final determination. The
17. A hurled uncalled for accusation that the confidential nature of the proceedings has a threefold purpose, to
judge was partial in favor of the other party is against wit:
the rule, which enjoins lawyers from attributing to a 1) to enable the court and the investigator to make
the investigation free from any extraneous influence or
judge, “motives not supported by the record or have no
interference.
materiality in the case.” (Bugaring, et al., v. Hon. Espanol, 2) to protect the personal and professional reputation
etc., G.R. No. 133090, January 19, 2001) of attorneys from baseless charges of disgruntled, vindictive and
irresponsible persons or clients by prohibiting the publication f
18. Behaving without regard to the trial court’s such charges pending their resolution; and
order to maintain order in the proceedings in utter 3) to deter the press from publishing the charges or
proceedings based thereon. (Tan, et al., v. IBP Commission on
disregard of the lawyer’s duty to “maintain towards the
Bar Discipline, et al., G. R. No. 173940, September 5,
court (1) respectful attitude” in order to maintain the its 2006(Formerly CBD Case No. 02-967)
importance in the administration of justice; and the duty
of lawyers to “observe and maintain the respect due to The disciplinary action under Section 27, Rule 138
the Courts and to judicial officers and should insist on of the Rules of Court is only from the practice of law
similar conduct by others.” (Bugaring, et al., v. Hon. Espanol, and not from the lawyer’s employment. (Maligaya v.
etc., G.R. No. 133090, January 19, 2001) Doronilla, Jr., A. C. No. 6198, September 15, 2006)
Right to be heard. A disbarred lawyer must have Illustrative case: A lawyer issued worthless
been given full opportunity upon reasonable notice to checks in payment of his financial obligations. He was
charged criminally for violation of B.P. Blg. 22 after which
answer the charges against him, produce witnesses in his
administrative charges were proferred against him for gross
own behalf, and to be heard by himself and counsel. (Re: misconduct for issuing the checks, He could not raise the
Adm. Case No.44 of the RTC Branch IV, Tagbilaran City, against defense of forum shopping, nor the issue of prejudicial
Atty. Occena, A. C. No. 2841, July 3, 2002) question.
The quintessence of due process is simply that a There is forum shopping whenever, as a result of an
party is afforded a reasonable opportunity to be heard, or as adverse opinion in one forum, a party seeks a favorable
applied to administrative proceedings, an opportunity to opinion (other than by appeal or certiorari) in another or
explain one’s side and to adduce any evidence he may have when he institutes two or more actions or proceedings
in support of his defense. Entrenched is the rule that due grounded on the same cause on the supposition that one or
process does not necessarily mean or require a hearing but the other court would make a favorable disposition. It
simply a reasonable opportunity or a right to be beard or, as applies only to judicial cases or proceedings, not to
applied to administrative proceedings, and opportunity to disbarment proceedings.
A criminal prosecution will not constitute a
explain one’s side. Where opportunity to be heard either
prejudicial question even if the same facts and
through oral arguments or pleadings is accorded, there is no circumstances are attendant in the administrative
denial of due process. (Rivera v. Atty. Corral, A.C.No. 3548, proceedings. Administrative cases against lawyers belong
July 4, 2002) to a class of their own. They are distinct from and they may
proceed independently of criminal cases. The burden of
In administrative cases, notice and hearing does proof in a criminal case is guilt beyond reasonable doubt
not connote full adversarial proceedings. Actual while in an administrative case, only preponderance of
adversarial proceedings become necessary only for evidence is required. Thus, a criminal prosecution will not
clarification or when there is a need to propound searching constitute a prejudicial question even if the same facts and
questions to witnesses who give vague testimonies. Due circumstances are attendant in the administrative
process is fulfilled when the parties were given reasonable proceedings. (Tomlin, II, v. Moya, II, A. C. No. 6971,
February 23, 2006)
opportunity to be heard and to submit evidence in support of
their arguments.
A lawyer could not raise the defense in an
administrative charge that the client refused to provide
DEFENSES him with vital documents and to proceed with the case
would be violative of the command that lawyers should
Forum shopping is not a defense. Forum shopping not handle a case without preparation,
applies only to judicial cases or proceedings, not to disbarment
proceedings. (Tomlin, II, v. Moya, II, A. C. No. 6971, February 23, Illustrative case. When charged administratively,
2006) the lawyer attempted to evade responsibility by passing the
blame to his client. He claims that the client-complainant
74
refused to provide him with documents vital to the case. He imposing the penalty the Supreme Court considered the fact that
further claims that he would be violating the Code of in the first case it was the respondent’s brother who signed under
Professional Responsibility by handling a case without the firm name, but in the second case it was the respondent who
adequate preparation. signed in his own name and not under the firm name, and that he
The Supreme Court labeled the defenses raised as accepted the second case on a pro bono basis.
“preposterous.” When a lawyer accepts a case, his Also considered as mitigating was the respondent’s lack
acceptance is an implied representation that he possesses of malice and bad faith in accepting the second case as shown by
the requisite academic learning skill and ability to handle the the move of the complainant to withdraw the case. (Gonzales v.
case. As a lawyer, respondent knew where to obtain copies Cabucano, Jr., A. C. No. 6836, January 23, 2006)
of the certificate of title. As a matter of fact, he admitted
that is Law Office, on its own, managed to verify the Change of theory in a motion for reconsideration
authenticity complainant’s title. (Dalisay v. Mauricio, Jr., A. not allowed as it is contrary to the rules of fair play,
C. No. 5655, January 23, 2006) justice and due process. Respondent lawyer’s version in his
motion for reconsideration is a flagrant departure from his previous
Defense of good faith unavailing in conflict of pleadings. This cannot be countenanced.
interests situation. The defense of good faith does not render A party should decide early what version he is going to
the prohibition as inoperative. (Gonzales v. Cabucano, Jr., A. C. advance. A change of theoy in the latter stage of the proceedings
No. 6836, January 23, 2006) is objectionable, not due to the strict application of procedural
rules, but because it is contrary to the rules of fair play, justice and
Illustrative case: The lawyer defended in the due process. (Dalisay v. Mauricio, Jr., A. C. No. 5655, January 23,
administrative case by claiming good faith. According to 2006 on motion for reconsideration)
him, it was his brother in representation of their law firm,
who represented the client in the first case, hence his Illustrative case. A lawyer was suspended. He
representation of the client’s opponent in another case, filed a motion for reconsideration in which he changed his
hence he should not be penalized. theory of defense. The administrative case was resolved
The Supreme Court disagreed. It was the by the IBP on the basis of respondent’s previous
respondent’s law firm that represented the client in the admission that complainant engaged his legal service in
civil case. Such being the case the rule against conflicting Civil Case No. 00-044. He cannot now, in his motion for
interests applies. The rule is not for the purpose reconsideration, unbind himself from such admission and
necessarily of preventing any injustice to the complainant its consequences. In fact, if anything at all has been
but to keep above reproach the honor and integrity of the achieved by respondent’s inconsistent assertions, it is his
courts and of the bar. Without condemning respondent’s dishonesty to the Supreme Court. (Dalisay v. Mauricio,
conduct as dishonest, corrupt or fraudulent, the Supreme Jr., A. C. No. 5655, January 23, 2006 on motion for
Court believed that upon the admitted facts it is highly reconsideration)
inexpedient. It had the tendency to bring the profession of
which the respondent is a member, “into public disrepute Failure to comply with the Rules of Court not a
and suspicion and undermine the integrity of justice.” The defense. In view of its nature, administrative proceedings
claim of having acted in good faith does not render the against lawyers are not strictly governed by the Rules of Court. A
prohibition as inoperative. (Gonzales v. Cabucano, Jr., A. disbarment case is sui generis for it is neither purely civil nor
C. No. 6836, January 23, 2006) purely criminal but is rather an investigation by the court into the
conduct of its officers.
While good faith may not be a valid defense it Hence, no defect in a complaint, notice, answer, or in the
may be considered as a mitigating circumstances. In proceeding or the Investigator’s Report shall be considered as
75
substantial unless the Board of Governors, upon considering the complainant’s cause of action was Atty. de Vera’s alleged
whole record, finds that such a defect has resulted or may result in violation or circumvention of the IBP By-Laws. In the
a miscarriage of justice. That the copy of the Manifestation and present administrative case, the primary cause of action is
Reply furnished to respondent was not signed by either Atty. de Vera’s alleged violation of lawyer’s oath and the
complainant or her counsel is merely an innocuous error. Code of Professional Responsibility.
In administrative proceedings, technical rules of procedure Finally, the two administrative cases do not seek
and evidence are not strictly applied; administrative due process the same relief. In the first case, the complainant sought
cannot be fully equated to due process in its strict judicial sense. to prevent Atty. de Vera from assuming his post as IBP
(Ferancullo v. Ferancullo, A. C. No. 7214, November 30, 2006) Governor for Eastern Mindanao. In the present case, as
clarified by complainant in his Memorandum, what is being
Requisites of res judicata. In order that the principle principally sought is Atty. de Vera’s suspension or
of res judicata may be made to apply, four essential conditions disbarment. . (Velez v. De Vera, A. C, No. 6697, July 25,
must concur, namely: 2006 and companion cases)
1) the judgment sought to bar the new action must
be final; D. READMISSION TO THE BAR
2) the decision must have been rendered by a court
having jurisdiction over the subject matter and the parties; 1. Lawyers who have been suspended
3) the disposition of the case must be a judgment or
order on the merits, and
2. Lawyers who have been disbarred
4) there must be identity of subject matter, and
identity of causes of action.
In the absence of the above, there is no res judicata. 3. Lawyers who have been repatriated
(Velez v. De Vera, A. C, No. 6697, July 25, 2006 and companion
cases) E. MANDATORY CONTINUING LEGAL
EDUCATION
Illustrative case: Adm. Case No. 6052 entitled,
“In Re: Petition to Disqualify Atty. Leonard de Vera, on 1. Purpose
Legal and Moral Grounds, From Being Elected IBP
Governor for Eastern Mindanao in the May 31 IBP
Elections and promulgated on 11 December 2003 does BAR: a. What is the Mandatory Continuing Legal
not constitute a bar to the filing of the present Adm. Case Education (MCLE) Program, and what is its
No. 6697 entitled Velez v. De Vera. Although the parties purpose or objective ?
in the present administrative case and in Adm. Case No. SUGGESTED ANSWER. It is a program which
6052 are identical, their capacities in these cases and the requires lawyers to show proof of having undertaken
issues presented therein are not the same, thereby improvement in their legal knowledge as a precondition for
barring the application of res judicata.
renewing their license to practice.
The two administrative cases involve different
subject matters and causes of action. In Adm. Case No. Continuing legal education is required of members of
6052, the subject matter was the qualification of Atty. de the IBP to ensure that throughout their career, they keep
Vera to run as a candidate for the position of IBP abreast with law and jurisprudence, maintain the ethics of
Governor in Eastern Mindanao. In the present the profession and enhance the standards of the practice of
administrative complaint, the subject matter is his privilege law. [Bar Matter No. 850, Mandatory Continuing Legal Education
to practice law. In the first administrative case, (MCLE), Rule 1, Sec. 1]
76
1) Members in the National Capital
2. Requirements Region (NCR) or Metro Manila shall be permanently
assigned to Compliance Group 1. [Bar Matter No. 850,
Requirements for completion of MCLE. Mandatory Continuing Legal Education (MCLE), Rule 3, Sec. 2]
Members of the IBP who are not exempt shall complete 2) Members in Luzon outside NCR shall
every three (3) years at least thirty-six (36) hours of be permanently assigned to Compliance Group 2.
continuing legal education activities approved by the MCLE [Ibid.,, Rule 3, Sec. 3]
Committee. Of the 36 hours: 3) Members in Visayas and Mindanao
a. At least six (6) hours shall be devoted to legal shall be permanently assigned to Compliance Group
ethics. 3. [Ibid., Rule 3, Sec. 4]
b. At least four (4) hours shall be devoted to trial and
pretrial skills. 4. What is the compliance period for members
c. At least five (5) hours shall be devoted to admitted or readmitted after establishment of the
alternative dispute resolution. MCLE program ?
d. At least none (9) hours shall be devoted to update SUGGESTED ANSWER: Members admitted or
on substantive and procedural laws, and jurisprudence. readmitted to the Bar after the establishment of the program
e. At least four (4) hours shall be devoted to legal shall be permanently assigned to the appropriate
writing and oral advocacy. Compliance Group based on their Chapter membership on
f. At least two (2) hours shall be devoted to the date of admission or readmission.
international law and international conventions. The initial compliance period after admission or
g. The remaining six (6)( hours shall be devoted to readmission shall begin on the first day of the month of
such subjects as may be prescribed by the MCLE admission or readmission and shall end on the same day as
Committee. [Bar Matter No. 850, Mandatory Continuing Legal that of all other members in the same Compliance Group.
Education (MCLE), Rule 2, Sec. 2] (a) Where four (4) months or less remain
of the initial compliance period after admission or
3. Compliance readmission, the member is not required to comply
with the program requirement for the initial
a. What is the initial compliance period ? compliance.
SUGGESTED ANSWER: The initial compliance (b) Where more than four (4) months
period shall begin not later than three (3) months from the remain of the initial compliance period after
constitution of the MCLE Committee. Except for the initial admission or readmission, the member shall be
compliance period for members admitted or readmitted after required to complete a number of hours of approved
the establishment of the program, all compliance periods continuing legal education activities equal to the
shall be for thirty-six (36) months and shall begin the day number of months remaining in the compliance
after the end of the previous compliance period. [Bar Matter period in which the member is admitted or
No. 850, Mandatory Continuing Legal Education (MCLE), Rule 3, Sec. 1] readmitted. Such member shall be required to
complete a number of hours of education in legal
b. What constitutes the various ethics in proportion to the number of months
compliance groups ? remaining in the compliance period. Fractions of
hours shall be rounded up to the next whole number.
77
[Bar Matter No. 850, Mandatory Continuing Legal Education m. Those who are not in law practice, private or
(MCLE), Rule 3, Sec. 5] public;
n. Those who have retired from law practice
4. Exemptions with the approval of the IBP Board of Governors. [Ibid., Rule 7
Sec. 2]
Who are the members of the Bar exempt
from the MCLE requirement ? 5. Sanctions
a. The President and the Vice-President of the
Philippines, and the Secretaries and Undersecretaries of a. What is the effect of non-compliance
Executive Departments; with MCLE ?
b. Senators and Members of the House of SUGGESTED ANSWER: Any IBP member who, for
Representatives; whatever reason, is in non-compliance at the end of the
c. The Chief Justice and Associate Justices of compliance period shall pay a non-compliance fee and shall
the Supreme Court, incumbent and retired members of the be listed as a delinquent IBP Member. [Bar Matter No. 850,
judiciary, incumbent members of the Judicial and Bar Mandatory Continuing Legal Education (MCLE), Rule 13]
Council and incumbent court lawyers covered by the As a consequence, he may not be allowed to
Philippine Judicial Academy program of continuing judicial practice law. (Ibid, in relation to ROC, Rule 139-B)
education;
d. The Chief State Counsel, Chief State 6. Bar Matter 2012, Rule on Mandatory Legal
Prosecutor and Assistant Secretaries of the Department of Aid Service
Justice;
e. The Solicitor General and the Assistant a. What is Mandatory Legal Aid Service ?
Solicitors General; SUGGESTED ANSWER: It is a mandatory
f. The Government Corporate Counsel, Deputy requirement for practicing lawyers to render free legal aid
and Assistant Government Corporate Counsel; services in all cases (whether, civil, criminal or
g. The Chairmen and Members of the administrative) involving indigent and pauper litigants where
Constitutional Commissions; the assistance of a lawyer is needed.
h. The Ombudsman, the Overall Deputy It is to implement the duty of other members of the
Ombudsman, the Deputy Ombudsmen and the Special legal profession to support the legal aid program of the
Prosecutor of the Office of the Ombudsman; Integrated Bar of the Philippines. (B.M. No. 2012, February 10,
i. Heads of government agencies exercising 2009, The Rule on Mandatory Legal Aid Service, Sec. 3)
quasi-judicial functions;
j. Incumbent deans, bar reviewers and b. Who are considered as practicing
professors of law who have teaching experience for at least lawyers mandated to comply with the Rule on
10 years in accredited law schools; Mandatory Legal Aid Service ?
k. The Chancellor, Vice-Chancellor and SUGGESTED ANSWER: Practicing lawyers are
members of the Corps of Professors and Professorial members of the Philippine Bar who appear for and in behalf
Lecturers of the Philippine Judicial Academy; and of parties in courts of law and quasi-judicial agencies,
l. Governors and Mayors. [Bar Matter No. 850, including but not limited to the National Labor Relations
Mandatory Continuing Legal Education (MCLE), Rule 7, Sec. 1] Commission, National Conciliation and Mediation Board,
78
Department of Labor and Employment Regional Offices, (a) whose gross income and that of their
Department of Agrarian Reform Adjudication Board and immediate family do not exceed an amount double the
National Commission for Indigenous Peoples. [B.M. No. 2012, monthly minimum wage of an employee and
February 10, 2009, The Rule on Mandatory Legal Aid Service, Sec. 4 (a), (b) who do not own real property with A FAIR
1st par.] MARKET VALUE AS STATED IN THE CURRENT TAX
DECLARATION of more than THREE HUNDRED
c. Who are excluded from the definition THOUSAND (P300,000.00) (ROC, Rule 141, Sec. 19, 1st par. in
of “practicing lawyers” for purposes of compliance relation to B. M. No. 2012, February 10, 2009, The Rule on Mandatory
with the Rule on Mandatory Legal Aid Service ? In Legal Aid Service, Sec. 4 (b)]
the alternative, who are the lawyers who are
exempted from complying with the requirement to e. What is meant by “free legal aid
render Mandatory Legal Aid Service ? services” for purposes of compliance with the Rule
SUGGESTED ANSWER: The term "practicing on Mandatory Legal Aid Service ?
lawyers" shall exclude: SUGGESTED ANSWER: Free legal aid services
(i) Government employees and refer to appearance in court or quasi-judicial body for and in
incumbent elective officials not allowed by law to behalf of an indigent or pauper litigant and the preparation of
practice; pleadings or motions. It shall also cover assistance by a
(ii) Lawyers who by law are not allowed practicing lawyer to indigent or poor litigants in court-
to appear in court; annexed mediation and in other modes of alternative dispute
(iii) Supervising lawyers of students resolution (ADR). Services rendered when a practicing
enrolled in law student practice in duly accredited lawyer is appointed counsel de oficio shall also be
legal clinics of law schools and lawyers of non- considered as free legal aid services and credited as
governmental organizations (NGOs) and peoples’ compliance under this Rule. [B. M. No. 2012, February 10, 2009,
The Rule on Mandatory Legal Aid Service, Sec. 4 (d)]
organizations (POs) like the Free Legal Assistance
Group who by the nature of their work already render
F. NOTARIAL PRACTICE (A. M. No. 02-8-13-SC,
free legal aid to indigent and pauper litigants and
(iv) Lawyers not covered under as amended)
subparagraphs (i) to (iii) including those who are
employed in the private sector but do not appear for 1. Qualifications of notary public
and in behalf of parties in courts of law and quasi-
judicial agencies. [B.M. No. 2012, February 10, 2009, The a. What are the qualifications for a
st
Rule on Mandatory Legal Aid Service, Sec. 4 (a), 1 par.] person to be commissioned as a notary public ?
SUGGESTED ANSWER: To be eligible for
d. Who is considered as an “indigent and commissioning as notary public, the petitioner:
pauper litigants” for purposes of the Rule on (1) must be a citizen of the Philippines;
Mandatory Legal Aid Service ? (2) must be over twenty-one (21) years of age;
SUGGESTED ANSWER: Indigent litigants (3) must be a resident in the Philippines for at
least one (1) year and maintains a regular place of work or
business in the city or province where the commission is to
be issued;
79
(4) must be a member of the Philippine Bar in A notary public shall not perform a notarial act
good standing with clearances from the Office of the Bar outside his regular place of work or business; provided,
Confidant of the Supreme Court and the Integrated Bar of however, that on certain exceptional occasions or situations,
the Philippines; and a notarial act may be performed at the request of the parties
(5) must not have been convicted in the first in the following sites located within his territorial jurisdiction:
instance of any crime involving moral turpitude. (A.M. No. 02-8- (1) public offices, convention halls, and similar
13-SC, 2004 Rules on Notarial Practice,, Rule III, Sec. 1, 2nd par.) places where oaths of office may be administered;
(2) public function areas in hotels and similar
2. Term of office of notary public places for the signing of instruments or documents requiring
notarization;
a. What is the term of office of a notary
(3) hospitals and other medical institutions where
public ?
a party to an instrument or document is confined for
SUGGESTED ANSWER: The term of office of a
treatment; and
notary public is two (2) years commencing the first day of
January of the year in which the commissioning is made, (4) any place where a party to an instrument or
unless earlier revoked or the notary public has resigned document requiring notarization is under detention. [A.M. No.
under these Rules and the Rules of Court. (A.M. No. 02-8-13- 02-8-13-SC, 2004 Rules on Notarial Practice, Rule IV, Sec. 2 (a)]
SC, 2004 Rules on Notarial Practice,, Rule III, Sec. 11)) A person shall not perform a notarial act if the person
involved as signatory to the instrument or document
3. Powers and limitations
(1) is not in the notary's presence personally at
What are the powers of a notary public ? the time of the notarization; and
SUGGESTED ANSWER: A notary public is (2) is not personally known to the notary public or
empowered to perform the following notarial acts: otherwise identified by the notary public through competent
(1) acknowledgments; evidence of identity as defined by these Rules. [Ibid., Rule IV,
(2) oaths and affirmations; Sec. 2 (b)]
(3) jurats; A notary public is disqualified from performing a
(4) signature witnessings; notarial act if he:
(5) copy certifications; and (a) is a party to the instrument or document that
(6) any other act authorized by these Rules . [A.M. is to be notarized;
No. 02-8-13-SC, 2004 Rules on Notarial Practice,, Rule IV, Sec. 1 (a)] (b) will receive, as a direct or indirect result, any
commission, fee, advantage, right, title, interest, cash,
What are some of the limitations on the property, or other consideration, except as provided by
powers of a notary public ? these Rules and by law; or
SUGGESTED ANSWER: The limitations on the (c) is a spouse, common-law partner, ancestor,
powers of a notary public are contained in the prohibitions descendant, or relative by affinity or consanguinity of the
and disqualifications to perform notarial acts. principal within the fourth civil degree. (Ibid., Rule IV, Sec. 3)
Some of the prohibitions in the performance of
notarial acts that are imposed upon a notary public are the Give some duties of a notary public.
following: SUGGESTED ANSWER:
80
a. To keep a notarial register. A notary public perform notarial acts only within the territorial boundaries of
shall keep, maintain, protect and provide for lawful the province or city where the Executive Judge sits.
inspection as provided in these Rules, a chronological The jurisdiction of a notary public in a province shall
official notarial register of notarial acts consisting of a be co-extensive with the province. The jurisdiction of a
permanently bound book with numbered pages. [A.M. No. 02- notary public in the City of Manila shall be co-extensive with
8-13-SC, 2004 Rules on Notarial Practice, Rule VI, Sec. 1 (a), 1st par.] said city. No notary shall possess authority to do any
b. To keep an official seal. Every person notarial act beyond the limits of his jurisdiction. (Old Rev. Adm.
commissioned as notary public shall have a seal of office, to Code, Sec. 240)
be procured at his own expense, which shall not be For example, the National Capital Judicial Region
possessed or owned by any other person. [Ibid., Rule VII, Sec. 1 have different branches located in the different cities of
(a), 1st par., 1st sentence] Metro Manila which have their own Executive Judge. Thus,
c. To charge only authorized fees. For a notary public commissioned in the City of Manila by the
performing a notarial act, a notary public may charge the Executive Judge could perform notarial acts only within the
maximum fee as prescribed by the Supreme Court unless territorial limits of the City of Manila, not in any place within
he waives the fee in whole or in part. (Ibid., Rule V, Sec. 1) the National Capital Judicial Region.
d. To issue receipts, keep a journal and posts Furthermore, notary public shall not perform a
attorney’s fees. A notary public who charges a fee for notarial act outside his regular place of work or business.
notarial services shall issue a receipt registered with the [A.M. No. 02-8-13-SC, 2004 Rules on Notarial Practice,, Rule IV, Sec. 2
Bureau of Internal Revenue and keep a journal of notarial (a), 1st sentence] The term “regular place of work or business”
fees. He shall enter in the journal all fees charged for refers to a stationary office in the city or province wherein
services rendered. the notary public renders legal and notarial services . (Ibid.,
A notary public shall post in a conspicuous place in Rule II, Sec. 6)
his office a complete schedule of chargeable notarial fees. Exceptions or certain exceptional occasions or
(Ibid., Rule V, Sec. 5) situations where a notarial act may be performed at the
request of the parties in the following sites located within his
4. Notarial register territorial jurisdiction:
(1) public offices, convention halls, and similar
5. Jurisdiction of notary public and place of places where oaths of office may be administered;
notarization (2) public function areas in hotels and similar
places for the signing of instruments or documents requiring
a. In what place could the notary public notarization;
exercise his powers and duties ? (3) hospitals and other medical institutions where
SUGGESTED ANSWER: A person commissioned a party to an instrument or document is confined for
as notary public may perform notarial acts in any place treatment; and
within the territorial jurisdiction of the commissioning court.”
(A.M. No. 02-8-13-SC, 2004 Rules on Notarial Practice, Rule III, Sec. 11,
(4) any place where a party to an instrument or
paraphrasing supplied) document requiring notarization is under detention. [A.M. No.
Since the commissioning court is a Regional Trial 02-8-13-SC, 2004 Rules on Notarial Practice,, Rule IV, Sec. 2 (a)]
Court of a city or province then the notary public may
6. Revocation of commission
81
7. Competent evidence of identity assurance of his client that the document was executed by
complainant. (Ibid., citing Agbulos v. Viray, A.C. No. 7350, February
8. Sanctions 18, 2013, 691 SCRA 1, 7)
4) The respondent notarized a Special Power of
a. Penalty for notarizing outside of territorial Attorney (SPA) supposedly executed by the complainant. It
was proven by documentary evidence that the complainant
jurisdiction or without commission.
was in Germany at that time and therefore could not have
1) For notarizing without the requisite
appeared before the respondent to have the SPA notarized.
commission, barred from being commissioned as notary (Ibid., citing Isenhardt v. Real, A.C. No. 8254, February 15, 2012, 666
public permanently and suspended from the practice of law SCRA 20)
for a period of two (2) years. (Re: Violations of Rules on Notarial 5) The respondent notary public for notarized a
Practice, A.C. No.09-6-1-SC, January 21, 2015) deed of donation despite the latter’s knowledge that the
2) Three (3) years suspension for notarizing an purported donor had already passed away on an earlier
instrument without commission. [Ibid., citing Nunga v. Viray, 366 date. (Ibid., Linco v. Lacebal, A.C. No. 7241, October 17, 2011, 659
Phil. 155, 161 (1999)]
SCRA 130)
3) Suspension from the practice of law for a
period of two (2)years and permanently barred from being Duties of a notary public. The Notarial Law is
commissioned as a notary public for notarizing several explicit on the obligations and duties of a notary public. it
documents after the expiration of the commission. [Ibid., citing requires him to keep a notarial register where he shall
Zoreta v. Simpliciano, 485 Phil. 395 (2004)]
record all his official acts as notary, and specifies what
4) Suspension for six (6) months and
information with regard to the notarized document should be
disqualification from being commissioned as notary public
entered therein. Failure to perform this duty results in the
for a period of two (2) years for notarizing documents
revocation of his commission as notary public.
outside the area of commission, and with an expired
A notary public should not notarize a document
commission. (Ibid., citing Laquindanum v. Quintana, A.C. No. 7036,
June 29, 2009, 591 SCRA 204) unless the persons who signed are the very same persons
who executed and personally appeared before him to attest
b. Penalty of revocation of notarial commission, to the contents and truth of what are stated therein.
disqualification from being commissioned as notary for The notary public is enjoined to record in his notarial
two years and suspension from the practice of law for registry the necessary information regarding the document
one year for notarizing documents without the presence or instrument notarized and retain a copy of the document
of the party executing the same. presented to him for acknowledgment and certification
1) Notarizing a falsified affidavit of withdrawal of especially when it is a contract. The notarial registry is a
candidacy for municipal mayor without the presence of the record of the notary public’s acts. Considering the
supposed affiant. (Sultan v. Atty. Macabanding, A.C. No. 7919, evidentiary value given to notarized documents, the failure
October 8, 2014 citing various cases) of the notary public to record the document in his notarial
2) Notarizing an affidavit of loss without the registry is tantamount to falsely making it appear that the
presence of the party acknowledging the document. [Ibid., document was notarized when in fact it was not. vda.de
citing Ang v. Atty. Gupana, A.C. No. 4545, February 5, 2014 in turn citing Rosales v. Atty. Ramos, A. C. No. 5645, July 2, 2002
Flores v. Atty. Chua, 366 Phil. 132, 153 (1999)]
3) Preparing and notarizing the subject affidavit
without the affiant’s personal appearance merely upon the
82
Responsibility of a lawyer-notary public. Where
the notary public is a lawyer, a graver responsibility is d. A notary public signed as witness to a
placed upon his shoulder by reason of his solemn oath to deed of sale then notarized the same deed as a
obey the laws and to do no falsehood or consent to the notary public ex officio. Is the deed of sale valid ?
doing of any. In Maligsa v. Cabanting, it was held, thus: “As Explain.
a lawyer commissioned as notary public, respondent is
SUGGESTED ANSWER: Yes. Nothing in the law
mandated to subscribe to the sacred duties appreciating
prohibits a notary public from acting at the same time as
[sic] to his office, such duties being dictated by public policy
witness in the document he notarized. The only exception is
impressed with public interest. Faithful observance and
when the document to be notarized is a will. (Solarte v. Atty.
utmost respect of the legal solemnity of the oath in an Pugeda, A.C. Nos. 4751, July 31, 2000)
acknowledgment or jurat is sacrosanct. Simply put, such
responsibility is incumbent upon and failing therein, he must
e. What are the reasons why a notary public
now accept the commensurate consequences of his
professional indiscretion. By his effrontery of notarizing a must discharge his powers and duties with
fictitious or spurious document, he has made a mockery of accuracy and fidelity ?
the legal solemnity of the oath in an acknowledgment.” SUGGESTED ANSWER: A notarized document is
(Flores-Alitagtag v. Atty. Garcia, A.C. No. 4738, February 6, 2002) allowed to be given without further proof of their execution
A lawyer commissioned as a notary public is and delivery. Courts, administrative agencies and the public
mandated to subscribe to the sacred duties appertaining to at large must be able to rely upon the acknowledgment
his office, such duties being dictated by public policy and executed before a notary public and appended to a private
impressed with public interest. Faithful observance and instrument. (vda. De Bernardo v. Atty. Restauro, A. C. No. 3849,
utmost respect for the legal solemnity of an oath in an June 25, 2003)
acknowledgment or jurat is sacrosanct and failing therein,
he must bear the commensurate consequences. (Fulgencio f. Penalty for notarization of forgeries.
v. Atty. Martin, A.C. No.3223, May 29, 2003) Notarization of a falsified deed of donation (Alitagtag v.
Atty. Garcia, A.C. No. 4738, June 10, 2003), forged deeds of
d. May a notary public notarize a document sale (Maligsa v. Cabanting, 272 SCRA 408; Flores v.Chua, 306
which he signed ? Explain. SCRA 465; Roces v. Aportadera,243 SCRA 108), were
SUGGESTED ANSWER: No. A signatory to a
penalized with suspension from the practice of law.
document cannot notarize the said document.
The function of a notary public is, among others, to
But note the caution for lawyers-notaries
public to be very careful and diligent in ascertaining the
guard against any illegal or immoral arrangement. That
true identities of the persons executing a document before
function would be defeated if the notary public were one of
the, especially when it involves disposition of a property, as
the signatories to the instrument. For then, he would be
the Supreme Court will deal with such cases more severely
interested in sustaining the validity thereof as it directly
involves himself and the validity of his own act. It would in the future. (vda. De Bernardo v. Atty. Restauro, A. C. No.
3849, June 25, 2003)
placed him in an inconsistent position, and the very purpose
of the acknowledgment, which is to minimize fraud, would
be thwarted. (Villarin, et al., v. Sabate, Jr., A.C. No. 3324, g. The Notarial Law requires a notary to keep a
February 9, 2000) notarial register where he shall record all his official
83
acts as notary and specifies what information with personally appear before the notary public for notarization of
regard to the notarized documents should be entered the said document. Simply put, the party or parties who
therein. Failure to perform this duty results to executed the instrument must be the ones to personally
revocation of the notarial commission. (vda. de Rosales v. appear before the notary public to acknowledge the
Atty. Ramos, A.C.No. 5645, July 2, 2002) document. (Bautista v. Bernabe, A. C. No, 6963, February 9,
2006)
h. The failure of a lawyer to record a document
k. Non-appearance of the parties before
in his notarial registry is tantamount to falsely making it
the notary public does not nullify the instrument.
appear that the document was notarized when in fact it Notarization converts a private document into a public
was not. (vda. de Rosales v. Atty. Ramos, A.C.No. 5645, July 2, document. However, the non-appearance of the parties
2002) He should be disciplined. before the notary public who notarized the document does
not necessarily nullify nor render the parties’ transaction
i. Where a notary public is a lawyer, a graver void ab initio.
responsibility is placed upon his shoulder by reason of Thus, Article 1358 of the Civil Code on the necessity
his solemn oath to obey the laws and to do no of a pubic document is only for convenience, not for validity
falsehood or consent to the doing of any. He is subject or enforceability. Failure to follow the proper form does not
to discipline if he notarizes a document without the invalidate a contract. Where a contract is not in the form
parties appearing before him. So also, if he notarizes a prescribed by law, the parties can merely compel each other
to observe that form, once he contract has been perfected.
fictitious, spurious or forged document. (Flores-Alitagtag v.
Atty. Garcia, A.C. No.4738, February 5, 2002) This is consistent with the basic principle that contracts are
obligatory in whatever form they may heave been entered
into, provided all essential requisites are present . (Mallari, et
j. A lawyer/notary public who notarizes a al., v. Asol, G. R. No. 150866, March 6, 2006)
document in the absence of the parties violates
Rule 1.01, Canon 1 of the Code of Professional l. Notarizing documents without the
Responsibility and the Notarial Law . A notary public requisite commission is punishable with two year
should not notarize a document unless the persons who suspension. Notarization is not an empty, meaningless,
signed the same are the very same persons who executed routinary act. In the contrary it is invested with substantive
and personally appeared before him to attest to the contents public interest, such that onl those ho re qualified or
and truth of what are stated therein. The presence of the authorized may act as notaries public.
parties to the deed will enable the notary public to verify the Notarization of a private document converts the
genuineness of the signature of the affiant. document into a public one making it admissible in court
The acts of the affiants cannot be delegated to anyone without further proof of its authenticity. A notarial document
for what are stated therein are facts of which they have is by law entitled to full faith and credit upon its face and, for
personal knowledge. They should swear to the document this reason notaries public must observe with utmost care
personally and not through any representative. Otherwise, the basic requirements in the performance of their duties.
their representative’s name should appear in the said Otherwise, the confidence of the pubic in the integrity of this
document as the one who executed the same. That is the form of conveyance would be undermined. The
only time the representative an affix his signature and
84
requirements for the issuance of a commission s notary 1. What are the reasons for the existence
public must not be treated as a mere casual formality. The of an honorable, competent and independent
Court has characterized a lawyer’s act of notarizing judiciary ?
documents without the requisite commission to do so as SUGGESTED ANSWER:
“reprehensible constituting as it does not only malpractice a. To administer justice, and
but also xxx the crime of falsification of public documents.” b. thus promote
(St. Louis University Laboratory High School (SLU-LHS) Faculty 1) the unity of the country,
and Staff v. Dela Cruz, A. C. No. 6010, August 28, 2006) 2) the stability of government, and
3) the well-being of the people. (Preamble, Old
m. Lawyer should perform notarial work Code of Judicial Conduct, applicable in a suppletory
capacity)
personally, otherwise considered negligen t. The
Supreme Court agreed with the findings of the IBP when it
A. SOURCES
found a respondent lawyer negligent in performing his
notarial functions, in the following manner. “xxx xxx
1. New Code of Judicial Conduct for the
Considering that the responsibility attached to a notary
public is sensitive respondent should have been more Philippine Judiciary (Bangalore Draft)
discreet and cautious in the execution of his duties as such
and should not have wholly entrusted anything to the 1. What is the New Code of Judicial Conduct
secretaries; otherwise he should not have been for the Philippine Judiciary ?
commissioned as notary public. SUGGESTED ANSWER: The New Code of Judicial
For having wholly entrusted the preparation and other Conduct for the Philippine Judiciary (the Bangalore Draft of
mechanics of the document for notarization to the secretary the Code of Judicial Conduct, as amended) was adopted by
there can be a possibility that even the respondent’s the Supreme Court to take effect on June 1, 2004.
signature which is the only one left for him to do cab be The New Code of Judicial Conduct for the Philippine
done by the secretary or anybody for that matter as had Judiciary superseded the Canons of Judicial Ethics and the
been the case herein. Code of Judicial Conduct heretofore applied in the
As it is respondent had been negligent not only in the Philippines to the extent that the provisions or concepts
supposed notarization but foremost in having allowed the therein are embodied in this Code.
office secretaries to make the necessary entries in his
notarial registry which was supposed to be done and kept by 2. Of what use is the former Code of
him alone; and should not have relied on somebody else.” Judicial Conduct considering that it was already
[Spouses Santuyo v. Hidalgo, A.C. No. 5838 (Formerly CBD 01- superseded by the New Code of Conduct for the
887), January 17, 2005] Philippine Judiciary ?
SUGGESTED ANSWER: In case of deficiency or
G. CANONS OF PROFESSIONAL ETHICS absence of specific provisions in the New Code of Judicial
Conduct for the Philippine Judiciary, the Canons of Judicial
Ethics and the Code of Judicial Conduct shall be applicable
II. JUDICIAL ETHICS in a suppletory character.
85
3. What is the Bangalore Draft ? b. also to stress the Philippines’ solidarity with
SUGGESTED ANSWER: The Bangalore Draft, as the universal clamor for a universal code of judicial ethics.
amended, is intended to be the Universal Declaration of (4th Whereas, Adopting the New Code of Judicial Conduct for the
Judicial Standards applicable in all Judiciaries. (2nd Philippine Judiciary, arrangement and numbering supplied)
Whereas, Adopting the New Code of Judicial Conduct for the
Philippine Judiciary, rephrasing supplied) 6. What are the canons of the New Code
The Bangalore Draft was adopted as the New Code of Judicial Conduct for the Philippine Judiciary ?
of Judicial Conduct for the Philippine Judiciary. SUGGESTED ANSWER: The canons of the
New Code of Judicial Conduct for the Philippine
4. What is the foundation of the Judiciary:
Bangalore Draft which was adopted as the New Canon1. Independence
Code of Judicial Conduct for the Philippine Canon2. Integrity
Judiciary ? Canon3. Impartiality
SUGGESTED ANSWER: The Bangalore Draft is Canon4. Propriety
founded upon a universal recognition:
Canon5. Equality
a. that a competent, independent and impartial
Judiciary is essential if the courts are to fulfill their role in
Canon6. Competence and Diligence
upholding constitutionalism and the Rule of Law;
b. that public confidence in the judicial system
and in the moral authority and integrity of the Judiciary is of BAR: 7. What are the obligations to be
utmost importance in a modern democratic society; and observed by a judge under the New Code of
c. that it is essential that judges, individually and Conduct for the Philippine Judiciary ?
collectively, respect and honor judicial office as a public SUGGESTED ANSWER: The summary of the
trust, and strive to enhance and maintain confidence in the obligations of a judge are:
judicial system. (3rd Whereas, Adopting the New Code of a. Independence. Uphold and exemplify
Judicial Conduct for the Philippine Judiciary, arrangement and judicial independence in both of its judicial and
numbering supplied) institutional aspects (Canon 1, New Code)
b. Integrity. The behavior and conduct of
5. What are the reasons for adopting the judges must reaffirm the people’s faith in the integrity of
Bangalore Draft as the New Code of Judicial the Judiciary. (Sec. 2, Canon 2, Ibid.)
Conduct for the Philippine Judiciary ? c. Impartiality. Judges shall ensure that his
SUGGESTED ANSWER: The adoption of the or her conduct, both in and out of court, maintains and
universal declaration of standards for ethical conduct of enhances the confidence of the public, the legal
judges embodied in the Bangalore Draft, as revised at the profession and litigants in the impartiality of judges and
Round Table Conference of Chief Justices at The Hague, of the Judiciary. (Sec. 2, Canon 3, Ibid.)
a. is imperative not only to update and correlate d. Propriety. Judges shall avoid impropriety
the Code of Judicial Conduct and the Code of Judicial Ethics and the appearance of impropriety in all of their
adopted for the Philippines, but activities. (Sec. 1, Canon 4, Ibid.)
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e. Equality. Judges shall not, in the 2. Integrity
performance of judicial duties, by words or conduct,
manifest bias or prejudice towards any person or group a. Importance of integrity. Integrity is
on irrelevant grounds. (Sec. 2, Canon 5, Ibid.) essential not only to the proper discharge of the
f. Competence and diligence are judicial office, but also to the personal demeanor of
prerequisites to the due performance of judicial office. judges. (Canon 2, New Code)
(Canon 6, Ibid.)
5. A judge will be held administratively liable for BAR: 9. State very briefly the remedy or
rendering an unjust judgment – one which is contrary to law remedies available under the 1987 Constitution and
or jurisprudence or is not supported by evidence – when he present laws and procedures for administratively
acts in bad faith, malice, revenge or some other similar
disciplining the following persons on grounds of
motive. It must be shown beyond reasonable doubt that the
judgment is and that it was made with a conscious and
gross immorality and serious misconduct in
deliberate intent to so an injustice. (Araos v. Judge Luna- relation to the functions of their respective offices:
Pison, etc., A.M. No. RTJ-02-2677, February 28, 2002) (b) A Judge of a Regional Trial Court.
(c) An Associate Justice of the Court of
6. The doctrine of res ipsa loquitur is applied Appeals.
where the actuations on their face show gross (d) An Associate of the Supreme Court. (Bar:
incompetence, gross ignorance of the law or gross 1986 adapted)
misconduct. [The Consolidated and Trust Corporation SUGGESTED ANSWER: Under the 1987
(Solidbank), v. Capistrano, 159 SCRA 47] Constitution the Supreme Court en banc shall have the
power to discipline judges of lower courts, or order their
7. Misconduct is defined as any unlawful conduct dismissal by a vote of a majority of the members who
on the part of the person concerned in the administration of actually took part in the deliberations on the issues in the
justice prejudicial to the rights of the parties or to the right case and voted. (Sec. 11, Article VIII, 1987 Constitution)
determination of the cause. it generally means wrongful,
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Administrative complaints against Judges of a
Regional Trial Court and Associate Justices of the Court of
Appeals shall be filed with Supreme Court. The complaint
shall be in writing and shall set out, distinctly, clearly and
concisely the acts and omissions violative of standards of
conduct prescribed for Judges by law, Rules of Court, and
GOOD LUCK TO ALL
the Code of Judicial Conduct. The complaint shall be sworn AND SEE YOU AT P.I.C.C.
to and supported by affidavits of persons who have personal
knowledge of the acts therein alleged, and shall be
accompanied by copies of documents which may
substantive said facts. (Sec. 1, Rule 140, ROC)
Justices of the Supreme Court must first be
prosecuted under the regular courts and once convicted
may be removed from office, on impeachment for, and
conviction of, culpable violation of the Constitution, treason,
bribery, graft and corruption, other high crimes, or betrayal
of public trust. (Sec. 2, Art. XI, 1987 Constitution)
A verified complaint for impeachment is filed, and if
the Articles of Impeachment is affirmed, it is then transmitted
to the Senate which conducts the hearings.