2019 Preweek

S C B A R S T A G N O T E S [ 2019 ] Page 2 of 37
LEGAL AND JUDICIAL ETHICS BRAVO BASTE!
I. LEGAL ETHICS xxx
A. PRACTICE OF LAW (b) A suspended lawyer working as an

independent legal assistant to gather information
Concept
and secure documents for other lawyers during the
period of his suspension.
Cayetano v. Monsod et al.,
G.R. No. 100113, September 3 1991
xxx
Definition. Practice of law means any activity, in or
A: Yes. Under the law, only lawyers in good
out of court, which requires the application of law,
standing can perform or engage in the practice of
legal procedure, knowledge, training and
law. In the case of Cayetano v. Monsod, the Court held
experience. To engage in the practice of law is to
that the practice of law involves rendering service to
perform those acts which are characteristics of the
the general public that calls for the professional
profession. Generally, to practice law is to give
judgment of a lawyer, the essence of which is his
notice or render any kind of service, which device
educated ability to relate the general body and
or service requires the use in any degree of legal
philosophy of law to a specified legal problem.
knowledge or skill.
Clearly, the act of working as a legal assistant in
gathering information and securing documents for
Spouses Lamberto V. Eustaquio and Gloria J.
other lawyers is within the scope of practicing law.
Eustaquio v. Atty. Edgar R. Navales
A suspended lawyer is temporarily prohibited to
practice the legal profession therefor he cannot
J. Perlas-Bernabe
engage in the mentioned acts.
It is settled that the Court has the exclusive
jurisdiction to regulate the practice of law. As such, Qualifications for admission to the Bar
when the Court orders a lawyer suspended from (Bar Matter No. 1153)
the practice of law, he must desist from performing
all functions requiring the application of legal Under Sections 2, 5 and 6 of Rule 138, the applicant
knowledge within the period of suspension. This must:
includes desisting from holding a position in 1. be a Citizen of the Philippines;
government requiring the authority to practice
2. be at least 21 years of age;
law. The practice of law embraces any activity, in
or out of court, which requires the application of 3. be of Good moral character;
law, legal procedure, knowledge, training, and 4. be a Resident of the Philippines;
experience. It includes performing acts which are 5. produce before the SC satisfactory Evidence
characteristic of the legal profession, or rendering of good moral character;
any kind of service which requires the use in any 6. No charges against him, involving moral
degree of legal knowledge or skill. turpitude, have been filed or are pending in
any court in the Philippines (Sec. 2, Rule
Under Section 27, Rule 138 of the Rules of Court,
willful disobedience to any lawful order of a 138)
superior court and willfully appearing as an 7. have complied with the Academic
attorney without authority to do so - acts which requirements;
respondent is guilty of in this case - are grounds 8. Pass the bar examinations;
for disbarment or suspension from the practice of 9. Take the lawyer’s Oath; and
law.
10. Sign the Roll of Attorneys.
2006 BAR QUESTION

NOTE: Being allowed to take the bar examinations,
Q: State, with a brief explanation, whether the
and consequently passing the bar, does not
lawyer concerned may be sanctioned for the
conduct stated below. necessarily entail being allowed to take the lawyer’s
oath of office.
Quoted hereunder, is a resolution of the Court En school must present proof of having completed a separate
Banc dated March 9, 2010 bachelor's degree course.
"B.M. No. 1153 (Re: Letter of Atty. Estelito P. Patrick A. Caronan v. Richard A. Caronan a.k.a.
Mendoza Proposing Reforms in the Bar “Atty. Patrick A. Caronan”
Examinations Through Amendments to Rule 138 of A.C. No. 11316, July 12 2016
the Rules of Court). - The Court Resolved to
APPROVE the proposed amendments to Sections 5 Respondent never completed his college degree.
and 6 of Rule 138, to wit: While he enrolled at the PLM in 1991, he left a
year later and entered the PMA where he was
SEC. 5. Additional Requirement for Other discharged in 1993 without graduating. Clearly,
Applicants. — All applicants for admission other than respondent has not completed the requisite pre-
those referred to in the two preceding sections shall, before law degree.
being admitted to the examination, satisfactorily show
that they have successfully completed all the prescribed Continuing Requirements for membership in the
courses for the degree of Bachelor of Laws or its equivalent Bar
degree, in a law school or university officially recognized
by the Philippine Government or by the proper authority Eduardo A. Abella v. Ricardo G. Barrios Jr.
in the foreign jurisdiction where the degree has been Adm. Case No. 7332, June 18, 2013
granted.
J. Perlas-Bernabe
No applicant who obtained the Bachelor of Laws degree in
this jurisdiction shall be admitted to the bar examination To note, "the possession of good moral character
unless he or she has satisfactorily completed the following is both a condition precedent and a continuing
course in a law school or university duly recognized by requirement to warrant admission to the Bar and
the government: civil law, commercial law, remedial law, to retain membership in the legal profession." This
criminal law, public and private international law, proceeds from the lawyer’s duty to observe the
political law, labor and social legislation, medical highest degree of morality in order to safeguard
jurisprudence, taxation and legal ethics. the Bar’s integrity. Consequently, any errant
behavior on the part of a lawyer, be it in the
A Filipino citizen who graduated from a foreign law lawyer’s public or private activities, which tends
school shall be admitted to the bar examination only upon to show deficiency in moral character, honesty,
submission to the Supreme Court of certifications probity or good demeanor, is sufficient to warrant
showing: (a) completion of all courses leading to the
suspension or disbarment.
degree of Bachelor of Laws or its equivalent degree; (b)
recognition or accreditation of the law school by the
The requirement of good moral character has four
proper authority; and (c) completion of all the fourth year
subjects in the Bachelor of Laws academic program in a general purposes, namely:
law school duly recognized by the Philippine 1. To protect the public;
Government. 2. To protect the public image of lawyers;
3. To protect prospective clients; and
SEC. 6. Pre-Law. — An applicant for admission to the 4. To protect errant lawyers from themselves.
bar examination shall present a certificate issued by the
proper government agency that, before commencing the
study of law, he or she had pursued and satisfactorily Each purpose is as important as the other. (Garrido
completed in an authorized and recognized university or v. Attys. Garrido and Valencia, A.C. No. 6593,
college, requiring for admission thereto the completion of February 4, 2010).
a four-year high school course, the course of study
prescribed therein for a bachelor's degree in arts or Appearance of Non-Lawyers
sciences.
Law Student Practice Rule. A law student who has
A Filipino citizen who completed and obtained his or her successfully completed his third year of the regular
Bachelor of Laws degree or its equivalent in a foreign law four-year prescribed law curriculum and is enrolled
in a recognized law school's clinical legal education without the supervision of a lawyer.” As provided
program approved by the Supreme Court, may for in Section 34, Rule 138, “a law student may
appear without compensation in any civil, criminal appear before an inferior court as an agent or friend
or administrative case before any trial court, of a party without the supervision of a member of
tribunal, board or officer, to represent indigent the bar.”
clients accepted by the legal clinic of the law school
(Sec. 1, Rule 138-A). Q. Cardo, a third-year law student appeared before
a Municipal Trial Court with a formal Entry of
The appearance of the law student authorized by Appearance filed before the said court. He
this rule, shall be under the direct supervision and justified that he is capable to appear before the
control of a member of the Integrated Bar of the court on the ground of student practice rule.
Philippines duly accredited by the law school. Any However, the court denied his petition to appear as
and all pleadings, motions, briefs, memoranda or public prosecutor under Circular which provided
other papers to be filed, must be signed by the limited law student practice. Will Cardo be able to
supervising attorney for and in behalf of the legal appear before the inferior court as agent of the
clinic (Sec. 2, Rule 138-A). party litigant?
Also, under Rule 138-A, Section 4, Rules of Court, A: In the same case of Cruz v. Mina, the court ruled
the law student shall comply with the standards of in affirmative. Section 34, Rule 138 provides that in
professional conduct governing members of the Bar. the court of a justice of the peace, a party may
Failure of an attorney to provide adequate conduct his litigation in person, with the aid of an
supervision of student practice may be a ground for agent or friend appointed by him for that purpose or
disciplinary action. with an aid of an attorney.
Q: Alex filed before the MeTC a formal Entry of Cruz v. Mina, et al,
G.R. No. 154207, April 27, 2007
Appearance as private prosecutor in a criminal case
for Grave Threats where his father was the
The law student may appear before an inferior
complainant. court as an agent of friend of a party without
supervision, waiver, nor prior institution of the
Describing himself as a third-year law student, he civil aspect of the said criminal case.
justified his appearance as private prosecutor on
the basis of Section 34 of Rule 138 of the Rules of Petitioner expressly anchored his appearance on
Court. However, the MeTC denied his request on Section 34 of Rule 138. The court must have been
the ground that Circular No. 19 governing limited confused by the fact that petitioner referred to
himself as a law student in his entry of
law student practice in conjunction with Rule 138-
appearance. Rule 138-A should not have been
A should take precedence over the ruling of the used by the courts a quo in denying permission to
Court that a non-lawyer may appear before the act as private prosecutor against petitioner for the
inferior courts as an agent or friend of a party simple reason that Rule 138-A is not the basis for
litigant. Was the denial of the court proper? petitioner’s appearance.
A: NO. In a Resolution dated June 10, 1997 in Bar Non-Lawyers in Courts. The following are the
Matter No. 730, the Court En Banc clarified: “The instances whereby non-lawyers may appear in
rule, however, is different if the law student appears court:
before an inferior court, where the issues and
procedure are relatively simple. In inferior courts, a 1. Cases before the MTC: A party to the
law student may appear in his personal capacity litigation, may conduct his own case or
litigation in person, with the aid of an agent only if they represent themselves, their organization
or friend appointed by him for that purpose or its members.
(Sec. 34, Rule 138);
2. Before any other court, a party may conduct Limitations
his litigation personally but if he gets (1) Non-adversarial contentions;
(2) Not habitually rendered;
someone to aid him, that someone must be
(3) Not charge for payment.
authorized member of the Bar (Sec. 34, Rule
138); NOTE: Non-lawyers appearing in NLRC, however,
is not entitled to attorney’s fees under Article 222 of
NOTE: A non-lawyer conducting his own litigation the Labor Code for not being a lawyer (Five J. Taxi
is bound by the same rules in conducting the trial v. NLRC, G.R. No. 111474, August 22, 1994).
case. He cannot after judgment, claim that he was
2011 BAR QUESTION
not properly represented.
Q: Eric, a labor federation president, represented
Luisa, a dismissed WXT employee, before the
3. Criminal case before the MTC in a locality NLRC. Atty. John represented Luisa's two co-
where a duly licensed member of the Bar is complainants. In due course, the NLRC reinstated
not available, the judge may appoint a non- the three complainants with backwages and
lawyer who is a: awarded 25% of the backwages as attorney’s fees,
15% for Atty. John and 10% for Eric, a non-lawyer.
a. Resident of the province; and
When WXT appealed to the Court of Appeals, Atty.
b. Of good repute for probity and John questioned Eric’s continued appearance
ability to aid the accused in his before that court on Luisa’s behalf, he not being a
defense (Sec. 7, Rule 116); and lawyer. Is Eric's appearance before the Court of
4. Any official or other person appointed or Appeals valid?
designated to appear for the Government of
A: NO. The practice of law is only reserved for those
the Philippines in accordance with law (Sec.
qualified for the same. Eric’s appearance in court on
33, Rule 138).
behalf of another is not sanctioned by the rules. A
non-lawyer may only be allowed to appear in court
NOTE: Such person shall have all the rights of a
if he is representing himself not that of another (Sec.
duly authorized member of the Bar to appear in any
34, Rule 138).
case in which said government has a direct or
indirect interest (Sec. 33, Rule 138).
Proceedings where lawyers are prohibited from
5. Legal Aid Program. A senior law student, appearing as counsels.
who is enrolled in a recognized law school’s 1. Proceedings before the Small Claims Court -
clinical education program approved by the No attorney shall appear in behalf of or
supreme Court may appear before any court represent a party at the hearing, unless the
without compensation, to represent indigent attorney is the plaintiff or defendant (Sec.
clients, accepted by the Legal Clinic of the
17, Rule of Procedure for Small Claims
law school. The student shall be under the
Cases).
direct supervision and control of an IBP
member duly accredited by the law school.
NOTE: If the court determines that a party cannot
Non-Lawyers in Administrative Tribunals. properly present his/her claim or defense and needs
Appearance of non-lawyers in administrative assistance, the court may, in its discretion, allow
tribunals (e.g. NLRC, cadastral court) is allowed but another individual who is not an attorney to assist
that party upon the latter’s consent. (Sec. 17, Rule of
Procedure for Small Claims Cases)
2. Proceedings before the Katarungang c. Assure the people of impartiality

Pambarangay - During the pre-trial in the performance of public functions
conference under the Rules of Court, and thereby promote the public welfare.
lawyers are prohibited from appearing for
the parties. Parties must appear in person Abella v. Cruzabra,
only except minors or incompetents who AC No. 5688, 2009
may be assisted by their next of kin who are Government lawyer may engage in private
practice of their profession, provided there is a
not lawyers (P.D. No. 1508, Formerly Sec. 9;
written permission from the Department head.
Local Government Code of 1991, R.A. 7160,
Sec. 415).
However, Members of Sangguniang Pambarangay are
not expressly prohibited from practicing their
Sanctions for Appearance without Authority
profession. (RA 7610 also known as the Local
Q: What are the sanctions for non-lawyer who are
Government Code)
engaged in the unauthorized practice of law?
Also, according to the Catu Case, they must first

A: He or she is liable for the criminal prosecution for
seek permission from the Secretary Department of
illegal practice of law and will be also liable for indirect
Interior and Local Government (DILG).
contempt.
Public Officials Who Cannot Practice Law

Remedies Against Anauthorized Practice of Law
Absolute Prohibition
(1) Petition for Injunction;
(1) Judges and other officials as SC employees
(2) Declaratory Relief;
[Rule 148, Sec. 35];
(3) Contempt of Court;
(2) OSG officials and employees;
(4) Disqualification and complaints for
(3) Government prosecutors (People v.
disbarment; or
Villanueva);
(5) Criminal complaint for estafa against the
(4) President, Vice President, cabinet members,
person who falsely represented himself as a
their deputies and assistants, [Const., Art.
lawyer to the damage of another.
VIII Sec. 15];
(5) Constitutional Commissions Chairmen and
Public Officials and the Practice of Law
Members [Const. Art. IX-A, Sec. 2];
GR: The appointment or election of an attorney to a
(6) Ombudsman and his deputies [Const., Art.
government office disqualifies him from engaging in
IX, Sec. 8, par. 2];
the private practice of law.
(7) All governors, city and municipal mayors
[R.A. No. 7160, Sec. 90]; and
Reason: A public office is a public trust, and a public
(8) Those who, by special law, are prohibited
officer or employee is obliged not only to perform
from engaging in the practice of their legal
his duties with the highest degree of responsibility,
profession.
integrity, loyalty and efficiency but also with
exclusive fidelity.
Relative Prohibition
(1) Senators and House of Representatives
This disqualification is intended to:
members (prohibition to appear) [Const. Art
a. Preserve public trust in a public office;
VI, Sec. 14];
b. Avoid conflict of interests or a
(2) Sanggunian Members [RA No. 7160, Sec. 91]
possibility thereof; and
Special Restrictions Retired judges I will support the Constitution and obey the laws as
[RA 910, Sec. 1, as amended] well as the legal orders of the duly constituted
A retired justice or judge receiving a authorities therein;
pension from the Government cannot act as counsel
in any civil case in which the Government or any of I will do no falsehood nor consent to the doing of
its subdivision or agencies is the adverse party or in any in court;
a criminal case wherein an officer or employee of the
Gov’t. is accused of an offense in relation to his I will not wittingly or willingly promote or sue any
office. [R.A. No. 910] groundless, false or unlawful suit, or give aid nor
consent to the same;
2012 BAR QUESTION
Q: Atty. Dude is the COMELEC Officer in a very I will delay no man for money or malice, and will
distant municipality. He is the only lawyer in that conduct myself as a lawyer according to the best of
area. When election period is over, he has much
my knowledge and discretion, with all good fidelity
spare time. Many people go to him for counseling,
legal advice, preparation of documents of Sale, as well to the courts as to my clients; and
Mortgage and the like. He does not charge a fee in
money, but he receives gifts which are offered. Is I impose upon myself these voluntary obligations,
there impropriety? without any mental reservation or purpose of
evasion.
A: YES, giving legal advice and preparing legal
documents, even if free, constitutes private practice
So help me God.
of law, which is prohibited of government
employees.
NOTE: The lawyer’s oath is not a mere ceremony or

NOTE: While certain local elective officials (like
formality for practicing law. Every lawyer should at
governors, mayors, provincial board members and
all times weigh his actions according to the sworn
councilors) are expressly subjected to a total or
promises he makes when taking the lawyer’s oath. If
partial proscription to practice their profession or
all lawyers conducted themselves strictly according
engage in any occupation, no such interdiction is
to the lawyer’s oath and the Code of Professional
made on punong barangay and the members of the
responsibility, the administration of justice will
Sangguniang Barangay. Expressio unius est exclusio
undoubtedly fairer, faster and easier for everyone
alterius. Since they are excluded from any
concerned. [In Re: Argosino, (1997)]
prohibition, the presumption is that they are
allowed to practice their profession. However, he
A. DUTIES AND RESPONSIBILITIES OF A
should procure prior permission or authorization
LAWYER UNDER THE CODE OF
from the head of his Department, as required by the
PROFESSIONAL RESPONSIBILITY
Civil Service Regulations (Catu v. Rellosa, A.C. No.
5738, February 19, 2008).
Four-fold duty of a lawyer
1. Public/Society – He must not undertake any

Lawyer’s Oath
action which violates his responsibility to the society
I, _____, do solemnly swear that I will maintain as a whole, he must be an example in the
allegiance to the Republic of the Philippines; community for his uprightness as a member of the
society. The lawyer must be ready to render legal
aid, foster legal reforms, be a guardian of due
process, and aware of his special role in the solution or deceitful conduct."
of special problems and be always ready to lend
assistance in the study and solution of social While seemingly appearing to be a harmless
incident, respondent’s act of notarizing
problems (Canons 1-6, CPR).
documents in a place outside of or beyond the
authority granted by his notarial commission,
2. Bar/Legal Profession – Observe candor, fairness, partakes of malpractice of law and falsification.
courtesy and truthfulness in his conduct towards While perhaps not on all fours because of the
other lawyers, avoid encroachment in the business slight dissimilarity in the violation involved, what
of other lawyers and uphold the honor of the the Court said in Nunga v. Virayis very much
profession. (Canons 7-9, CPR) apropos: Where the notarization of a document is
done by a member of the Philippine Bar at a time
when he has no authorization or commission to
3. Courts – A lawyer must maintain towards the do so, the offender may be subjected to
court a respectful attitude, defend against disciplinary action. For one, performing a notarial
unjust criticisms, uphold the court’s authority and [act] without such commission is a violation of the
dignity, obey court orders and processes, assists in lawyer’s oath to obey the laws, more specifically,
the administration of justice (Canons 10-13, CPR). the Notarial Law. Then, too, by making it appear
that he is duly commissioned when he is not, he
is, for all legal intents and purposes, indulging in
4. Clients – The lawyer owes entire devotion to the
deliberate false hood, which the lawyer’s oath
interest of his client, warm and zeal in the similarly proscribes. These violations fall squarely
maintenance of the defense of his rights and exertion within the prohibition of Rule 1.01 of Canon 1 of
of utmost learning ability to the end that nothing be the Code of Professional Responsibility, which
taken or withheld from his client except in provides: "A lawyer shall not engage in unlawful,
accordance with law. He owes a duty of competent dishonest, immoral or deceitful conduct."
Notarization is invested with substantive public
and zealous representation to the client, and should
interest, such that only those who are qualified or
preserve his client’s secrets, preserve his funds and
authorized may act as notaries public. Hence, the
property and avoid conflicts of interest (Canon 14- requirements for the issuance of a commission as
22, CPR). notary public are treated with a formality
definitely more than casual.
TO SOCIETY
(Canons 1-6) 2010 BAR QUESTION
Q: Atty. XX rented a house of his cousin, JJ, on a
month-to-month basis. He left for a 6-month
Felipe B. Almazan Sr., v. Atty. Marcelo B. Suerte-
study in Japan without paying his rentals and
Felipe, A.C. No. 7184
electric bills while he was away despite
September 17, 2014
JJ's repeated demands. Upon his return to
the Philippines, Atty. XX still failed to settle
J. Perlas-Bernabe
his rental arrearages and electric bills, drawing JJ
to file an administrative complaint against Atty.
For misrepresenting in the said acknowledgment
XX. Atty. XX contended that his non-payment of
that he was a notary public for and in the City of
rentals and bills to his cousin is a personal
Marikina, when it is apparent and, in fact,
matter which has no bearing on his profession as
uncontroverted that he was not, respondent a lawyer and, therefore, he did not violate the
further committed a form of falsehood which is Code of Professional Responsibility. Is Atty. X's
undoubtedly anathema to the lawyer’s oath. contention in order? Explain.
Perceptibly, said transgression also runs afoul of
Rule 1.01, Canon 1 of the Code of Professional A: NO. In a case involving the same facts,
Responsibility which provides that "[a] lawyer
the Supreme Court held that having incurred just
shall not engage in unlawful, dishonest, immoral
debts, a lawyer has the moral duty and legal
responsibility to settle them when they become the law was penal in character and application.
due. “Verily lawyers must at all times faithfully His issuance of the unfunded check involved
perform their duties to society, to the bar, to the herein knowingly violated [BP] 22, and exhibited
his indifference towards the pernicious effect of
court and to their clients. As part of their duties,
his illegal act to public interest and public order.
they must promptly pay their financial He thereby swept aside his Lawyer's Oath that
obligations” (Wilson Cham v. Atty. Eva Paita- enjoined him to support the Constitution and
Moya, 556 SCRA 1). obey the laws.
Alex Naluda v. Atty. Orlando S. Paulma Clearly, the issuance of worthless checks in
A.C. No. 8172, April 12, 2016 violation of BP Blg. 22 indicates a lawyer's
unfitness for the trust and confidence reposed on
J. Perlas-Bernabe him, shows such lack of personal honesty and
good moral character as to render him unworthy
Canon 1 of the CPR mandates all members of the of public confidence, and constitutes a ground for
bar "to obey the laws of the land and promote disciplinary action.
respect for law x x x." Rule 1.01 thereof
specifically provides that "[a] lawyer shall not In this case, respondent's conviction for violation
engage in unlawful, dishonest, immoral or of BP 22, a crime involving moral turpitude, had
deceitful conduct." By taking the lawyer's oath, a been indubitably established. Such conviction has,
lawyer becomes a guardian of the law and an in fact, already become final. Consequently,
indispensable instrument for the orderly respondent violated the lawyer's oath, as well as
administration of justice. As such, he can be Rule 1.01, Canon 1 of the CPR, as aptly found by
disciplined for any conduct, in his professional or the IBP and, thus, must be subjected to
private capacity, which renders him unfit to disciplinary action.
continue to be an officer of the court.
As a final word, it should be emphasized that
In Enriquez v. De Vera, the Court discussed the membership in the legal profession is a privilege
purpose and nature of a violation of BP 22 in burdened with conditions. A lawyer is required to
relation to an administrative case against a observe the law and be mindful of his or her
lawyer, as in this case, to wit: actions whether acting in a public or private
capacity. Any transgression of this duty on his
BP 22 has been enacted in order to safeguard the part would not only diminish his reputation as a
interest of the banking system and the legitimate lawyer but would also erode the public's faith in
public checking account users. The gravamen of the legal profession as a whole. In this case,
the offense defined and punished by [BP] 22 [x x respondent's conduct fell short of the exacting
x] is the act of making and issuing a worthless standards expected of him as a member of the bar,
check, or any check that is dishonored upon its for which he must suffer the necessary
presentment for payment and putting it in consequences.
circulation; the law is designed to prohibit and
altogether eliminate the deleterious and 2009 BAR QUESTION
pernicious practice of issuing checks with Q: Atty. Simeon persuaded Armando, Benigno
insufficient funds, or with no credit, because the and Ciriaco to invest in business venture that
practice is deemed a public nuisance, a crime later went bankrupt. Armando, Benigno and
against public order to be abated.
Ciriaco charged Atty. Simeon with estafa.
Simultaneously, they filed an administrative
xxxx
complaint against the lawyer with the Supreme
Being a lawyer, respondent was well aware of the Court. If Simeon is convicted of estafa, will he
objectives and coverage of [BP] 22. If he did not, be disbarred? Explain.
he was nonetheless presumed to know them, for
A: YES. One of the grounds for disbarment under Rationale for the Prohibition of Advertisements
Sec. 27, Rule 138, is conviction of a crime 1. The profession is primarily for public
involving moral turpitude. Estafa is a crime service;
involving moral turpitude. 2. Commercializes the profession;
Q: If Atty. Simeon is acquitted of the 3. Involves self-praise and puffing;
estafa charge, will the disbarment complaint be 4. Damages public confidence; and
dismissed? Explain. (2009 Bar) 5. May increase lawsuits and result in
needless litigation.
A: Not necessarily. If the acquittal is based on the
ground that no crime was committed, or that Villatuya v. Tabalingcos,
Simeon is innocent, the administrative case may A.C. No. 6622, July 10, 2012
be dismissed. But if the acquittal is based merely
A lawyer is not prohibited from engaging in
on reasonable doubt, the disbarment proceeding
business or other lawful occupation. Impropriety
may still continue. The purpose of a disbarment arises, though, when the business is of such a
proceeding is to determine whether a lawyer still nature or is conducted in such a manner as
deserves to remain a member of the bar. For such to be inconsistent with the lawyer’s duties as a
determination, conduct which merely avoids the member of the bar. This inconsistency arises
penalty of the law is not sufficient. when the business is one that can readily lend
itself to the procurement of professional
employment for the lawyer; or that can be used as
De Ysasi III v. NLRC
a cloak for indirect solicitation on the lawyer’s
G.R. No. 104599, March 11, 1994
behalf; or is of a nature that, if handled by a
lawyer, would be regarded as the practice of law.
The ethical duty of lawyers to represent their
It is clear from the documentary evidence
clients with zeal goes beyond merely presenting
submitted by complainant that Jesi & Jane
their clients' respective causes in court. It is just
Management, Inc., which purports to be a
as much their responsibility, if not more
financial and legal consultant, was indeed a
importantly, to exert all reasonable efforts to
vehicle used by Atty. Tabalingcos as a means to
smooth over legal conflicts, preferably out of
procure professional employment; specifically, for
court and especially in consideration of the
corporate rehabilitation cases.
direct and immediate consanguineous ties
between their clients. Once again, the useful
function of a lawyer is not only to conduct Rule 2.04, Canon 2. A lawyer shall not charge rates
litigation but to avoid it whenever possible by lower than those customarily prescribed unless the
advising settlement or withholding suit. He is circumstances so warrant (1997, 2005 Bar)
often called upon less for dramatic forensic
exploits than for wise counsel in every phase of GR: A lawyer shall not charge rates lower than
life. He should be a mediator for concord and a those customarily prescribed.
conciliator for compromise, rather than a virtuoso
of technicality in the conduct of litigation
XPN: When clients are relatives, co-lawyers, or are
Advertisements indigents. These are the valid justifications.
GR: No advertisement by lawyers is allowed. The
most worthy and effective advertisement possible is What the rule prohibits is a competition in the
the establishment of a well-merited reputation for matter of charging professional fees for the purpose
professional capacity and fidelity to trust. of attracting clients in favor of the lawyer who offers
lower rates. The rule does not prohibit a lawyer
from charging a reduced fee or none at all to an
indigent (Comments of the IBP Committee).
2012 BAR QUESTION the legal profession. Good moral character is a

Q: Atty. Nelson recently passed the Bar and trait that every practicing lawyer is required to
wanted to specialize in marine labor law. He gave possess. It may be defined as "what a person
out calling cards with his name, address and really is, as distinguished from good reputation,
telephone number in front, and the or from the opinion generally entertained of him,
or the estimate in which he is held by the public in
following words at the back: "We provide legal
the place where he is known.
assistance to overseas seamen who are
repatriated due to accident, illness, injury, or Moral character is not a subjective term but one
death. We also offer FINANCIAL ASSISTANCE." which corresponds to objective reality." Such
Does this constitute ethical misconduct? (2012 Bar) requirement has four (4) ostensible purposes,
namely: (a) to protect the public; (b) to protect the
A: YES, the calling card contains advertisement in public image of lawyers; (c) to protect prospective
violation of Canon 3 of CPR. The phrase “We also clients; and (d) to protect errant lawyers from
themselves.
offer financial assistance” was clearly used to entice
clients who already had representation to change Lawyers have been repeatedly reminded by the
counsels with a promise of loans to finance their Court that possession of good moral character is
legal actions. Money was dangled to lure clients both a condition precedent and a continuing
away from their original lawyers, thereby taking requirement to warrant admission to the Bar and
advantage of their financial distress and emotional to retain membership in the legal profession. This
proceeds from the lawyer's bounden duty to
vulnerability. This crass commercialism degraded
observe the highest degree of morality in order to
the integrity of the bar and deserves no place in the
safeguard the Bar's integrity, and the legal
legal profession. (Linsangan v. Atty. Tolentino, profession exacts from its members nothing less.
A.C. No. 6672, September 4, 2009) Lawyers are called upon to safeguard the
integrity of the Bar, free from misdeeds and acts
Self-laudation is prohibited. Certain self-laudatory constitutive of malpractice. Their exalted
information such as election to a public office, positions as officers of the court demand no less
than the highest degree of morality.
scholastic honors and achievements, and legal
authorships may be disseminated. What is The Court explained in Arnobit v. Atty. Arnobit
prohibited is that which “creates an unjustified that "as officers of the court, lawyers must not
expectation about results the lawyer can achieve only in fact be of good moral character but must
(Funa, 2009) also be seen to be of good moral character and
leading lives in accordance with the highest moral
TO THE LEGAL PROFESSION standards of the community. A member of the bar
and an officer of the court is not only required to
(Canons 7-9)
refrain from adulterous relationships or keeping a
mistress but must also behave himself so as to
Carrie-Anne Shaleen Carlyle S. Reyes v. Atty. avoid scandalizing the public by creating the
Ramon F. Nieva impression that he is flouting those moral
A.C. No. 8560, September 6, 2016 standards."
CANON 7 - A lawyer shall at all times uphold the Consequently, any errant behavior of the lawyer,
integrity and dignity of the legal profession and be it in his public or private activities, which tends
support the activities of the Integrated Bar. to show deficiency in moral character, honesty,
probity or good demeanor, is sufficient to warrant
Rule 7.03 - A lawyer shall not engage in conduct suspension or disbarment.
that adversely reflects on his fitness to practice
law, nor shall he, whether in public or private life, Verily, lawyers are expected to abide by the tenets
behave in a scandalous manner to the discredit of of morality, not only upon admission to the Bar
but also throughout their legal career, in order to regulated to assure compliance with the lawyer's
maintain their good standing in this exclusive and public responsibilities. Given existing bar
honored fraternity. They may be suspended from conditions, the most efficient means of doing so is
the practice of law or disbarred for any by integrating the Bar through a rule of court that
misconduct, even if it pertains to his private requires all lawyers to pay annual dues to the
activities, as long as it shows him to be wanting in Integrated Bar.
moral character, honesty, probity or good
demeanor. i. Membership and dues
Garcia v. De Vera
Without a doubt, it has been established that A.C. 6052, December 11, 2003
respondent habitually watches pornographic
materials in his office-issued laptop while inside A lawyer does not automatically become a
the office premises, during office hours, and with member of the IBP chapter where he resides or
the knowledge and full view of his staff. works after becoming a full-fledged member of
Obviously, the Court cannot countenance such the Bar. He has the discretion to choose the IBP
audacious display of depravity on respondent's Chapter he wants to join.
part not only because his obscene habit tarnishes
the reputation of the government agency he
Unless he otherwise registers his preference for a
works for - the CAAP where he was engaged at
that time as Acting Corporate Secretary - but also particular Chapter, a lawyer shall be considered a
because it shrouds the legal profession in a member of the Chapter of the province, city, political
negative light. subdivision or area where his office is or, in the
absence thereof, his residence is located. In no case
As a lawyer in the government service, shall any lawyer be a member of more than one
respondent is expected to perform and discharge Chapter (Sec. 4, Rule 139-A).
his duties with the highest degree of excellence,
professionalism, intelligence, and skill, and with
utmost devotion and dedication to duty. Membership dues
Every member of the Integrated Bar shall pay such
Integrated Bar of the Philippines (Rule 139-A) annual dues as the Board of Governors shall
The Integration of the Philippine Bar means the official determine with the approval of the Supreme Court.
unification of the entire lawyer population, and this A fixed sum equivalent to ten percent (10%) of the
requires membership and financial support of every collections from each Chapter shall be set aside as a
attorney as condition sine qua non to the practice of law Welfare Fund for disabled members of the Chapter
and the retention of his name in the Roll of Attorneys of and the compulsory heirs of deceased members
the Supreme Court (Pineda, 1999). thereof. (Sec. 9, Rule 139-A)
Fundamental purposes of the IBP Effect of non-payment of dues

1.To elevate the standards of the legal profession; Default in the payment of annual dues for six
2. Improve the administration of justice; and months shall warrant suspension of membership in
3. Enable the Bar to discharge its public responsibility the Integrated Bar, and default in such payment for
more effectively (Sec. 2, Rule 139-A). one year shall be a ground for the removal of the
name of the delinquent member from the Roll of
In the Matter of the Integration of the Bar of the Attorneys (Sec. 10, Rule 139-A) subject to the
Philippines, 49 SCRA 22, January 9, 1973 requirement of due process. (Funa, 2009)
The practice of law is not a vested right but a

privilege clothed with public interest. Hence, it is
fair and just that the exercise of that privilege be
Santos Jr. v. Atty. Llamas Rule 7.03, Canon 7. A lawyer shall not engage in a
A.C. No. 4749, January 20, 2000 conduct that adversely reflects on his fitness to practice
law, nor shall he, whether in public or private life, behave
Rule 139-A requires that every member of the in a scandalous manner to the discredit of the legal
Integrated Bar shall pay annual dues and default
profession. (2004 Bar)
thereof shall warrant the appropriate penalties. It
does not matter whether or not Atty. Llamas is
only engaged in “limited” practice of law. Vitug v. Roncal, A.C. No. 6313, September 7, 2006
Moreover, the exemption invoked by Atty.
Llamas (as a senior citizen) does not include While it has been held in disbarment cases that the
exemption from payment of membership or mere fact of sexual relations between two
association dues. unmarried adults is not sufficient to warrant
administrative sanction for such illicit behavior, it
is not so with respect to betrayals of the marital
vow of fidelity. Even if not all forms of extra-
NOTE: R.A. 7432 providing 20% discount to Senior
marital relations are punishable under penal law,
Citizens DOES NOT apply to IBP Dues.
sexual relations outside marriage is considered
disgraceful and immoral as it manifests deliberate
No retirement in the IBP disregard of the sanctity of marriage and the
marital vows protected by the Constitution and
In Re: Atty. Jose Principe, Bar Matter No. 543, affirmed by our laws.
September 20, 1990
2005 BAR QUESTION
There is no such thing as retirement in the IBP as Q: Atty. Kuripot was one of Town Bank’s valued
understood in labor law. A lawyer, however, may clients. In recognition of his loyalty to the bank,
terminate his bar membership after filing the he was issued a gold credit card with a credit
required verified notice of termination with the
limit of P250,000.00. After two months, Atty.
Secretary of the Integrated Bar.
Kuripot exceeded his credit limit, and refused to
pay the monthly charges as they fell due. Aside
from a collection suit, Town Bank also filed a
Upholding the dignity and integrity of the
disbarment case against Atty. Kuripot. In his
Profession
comment on the disbarment case, Atty. Kuripot
Rule 7.01, Canon 7. A lawyer shall be answerable for
insisted that he did not violate the Code of
knowingly making a false statement or suppressing a
Professional Responsibility since his obligation
material fact in connection with his application for
to the bank was personal in nature and had no
admission to the bar.
relation to his being a lawyer. Is Atty. Kuripot
correct? Explain your answer.
In re: Victorino Lanuevo
A.M. No. 1162, August 29, 1975
A: Atty. Kuripot is not correct. Canon 7 Rule 7.03
The concealment of an attorney in his application Code of Professional Responsibility provides that a
to take the bar exams of the fact that he had been lawyer shall not engage in conduct that adversely
charged with or indicted for an alleged crime, is affect his fitness to practice law, nor shall he,
ground for revocation of his license to practice law.
whether in public or private life, behave in a
scandalous manner to discredit the legal
Concealment of a crime which does not involve
moral turpitude will be taken against him. It is the profession.
fact of concealment and not the commission of the
crime itself that makes him morally unfit to Q: Explain whether Atty. Kuripot should be held
become a lawyer. When he made concealment, he administratively liable for his refusal to settle his
perpetrated perjury.
credit card bill. encroaching upon the business of another lawyer for
such act is justified under the circumstances.
A: He may NOT be held administratively liable.
The Supreme Court has held that it does not take 2006 BAR QUESTION
original jurisdiction of complaints for collection of Q: Myrna, in a case for custody of children
debts. The creditor’s course of action is civil, not against her husband, sought advice from Atty.
administrative in nature and proper reliefs may be Mendoza whom she met at a party. She informed
obtained from the regular courts (Litigio v. Dicon, Atty. Mendoza that her lawyer, Atty. Khan, has
A.M. No. MTJ-93-806, July 13, 1995). Although been charging her exorbitant appearance fees
when all he does is move for postponements
lawyers have been held administratively liable for
which have unduly delayed the proceedings; and
obstinacy in evading payment of a debt
that recently, she learned that Atty. Khan
(Constantino v. Saludares, A.C. No. 2029, December 7,
approached her husband asking for a huge
1993; Lao v. Medel, A.C. No. 5916, July 1, 2003), there
amount in exchange for the withdrawal of her
is no obstinacy shown in this case.
Motion for Issuance of Hold Departure Order so
that he and his children can leave for abroad. Is it
Constantino v. Saludares
ethical for Atty. Mendoza to advise Myrna to
228 SCRA 233
terminate the services of Atty. Khan and hire him
In the case of Toldedo vs Abalos 315 SCRA 419 the instead for a reasonable attorney’s fees?
Supreme Court held that a lawyer may not be
disciplined for failure to pay her loan obligation. A: Such advice would be unethical. A lawyer shall
The remedy is to file an action for collection conduct himself with courtesy, fairness and candor
against her in the regular courts. However, towards his professional colleagues. (Canon 8,
unwarranted obstinacy in evading the payment of
CPR) Specifically, he should not directly or
debt has been considered as gross misconduct.
indirectly encroach upon the professional
employment of another lawyer (Canon 8, CPR).
Courtesy, fairness and candor toward professional
colleagues
Q: What should Atty. Mendoza do about the
information relayed to him by Myrna that Atty.
Rule 8.02, Canon 8. A lawyer shall not, directly or
Khan approached her husband with an indecent
indirectly, encroach upon the professional employment of
proposal? (2006 Bar)
another lawyer; however, it is the right of any lawyer,
without fear or favor, to give proper advice and assistance
A: He can advise her to terminate the services of
to those seeking relief against unfaithful or neglectful
counsel (1995, 1997, 2001, 2005, 2006 Bar). Atty. Khan and/or file an administrative case
against Atty. Khan. It is the right of any lawyer,
Exceptions without fear or favor, to give proper advice and
1. A lawyer may properly interview any witness or assistance to those seeking relief against unfaithful
prospective witness or prospective witness for the or neglectful counsel (Rule 8.02, CPR).
opposing side in any civil or criminal action without
the consent of opposing counsel or party; and 2009 BAR QUESTION
Q: Atty. Manuel is counsel for the defendant in a
civil case pending before the RTC. After
2. Any person who seeks relief against an unfaithful
receiving the plaintiff's Pre-Trial Brief containing
or neglectful lawyer may approach another lawyer
the list of witnesses, Atty. Manuel interviewed
for proper advice and assistance. Any advice or
some of the witnesses for the plaintiff without
assistance extended after proper verification is not
the consent of plaintiff's counsel. Did Atty.
Manuel violate any ethical standard for lawyers? Tony, a childhood friend who is accused of theft.
Explain. The judge refused because Atty. Fernandez' name
appears in the SC's list of suspended lawyers.
A: NO, because Canon 39 of the Canons of Atty. Fernandez then inquired if he can appear as
Professional Ethics provides that “a lawyer may a friend for Tony to defend him. xxx Supposing
interview any witness or prospective witness from Tony is a defendant in a civil case for collection
the opposing side in any civil or criminal action of sum of money before the same court, can Atty.
without the consent of opposing counsel or party.” Fernandez appear for him to conduct his
This is because a witness is supposed to be a litigation? (2006 Bar)
neutral person whose role is to tell the truth when
called upon to testify. A: Even if Tony is a defendant in a civil case, Atty.
Fernandez cannot be allowed to appear for him to
Q: Will your answer be the same if it was the conduct his litigation; otherwise, the judge will be
plaintiff who was interviewed by Atty. Manuel violating Canon 9 of the CPR which provides that a
without the consent of plaintiff's counsel? “lawyer shall not, directly or indirectly, assist in
Explain. the unauthorized practice of law.”
A: My answer will not be the same. Canon 9 of the Rule 9.02, Canon 9. A lawyer shall not divide or
Canons of Professional Ethics provides that “a stipulate to divide a fee for legal services with persons not
lawyer should not in any way communicate upon licensed to practice law.
a subject of controversy with a party represented
by counsel, much less should he undertake to Exceptions
negotiate or compromise the matter with him, but 1. Where there is a pre-existing agreement with a
should deal only with his counsel.” If he partner or associate that, upon the latter’s death,
communicates with the adverse party directly, he money shall be paid over a reasonable period of time
will be encroaching into the employment of the to his estate to persons specified in the agreement
adverse party's lawyer. (Rule 9.02, second par., Canon 9, CPR); or
Sanchez v. Tupas, A.M. OCA IPI No. 03- 1687-P, 2. Where a lawyer undertakes to complete unfinished
March 1, 2004 legal business of a deceased lawyer (Rule 9.02, third
par., Canon 9, CPR); or
The term "clerk of courts" in Section 41 of the
Administrative Code as amended is used as a 3. Where a lawyer or law firm includes a non-lawyer
general term. The intention of the law is to
employee in a retirement plan, even if the plan is
authorize all clerks of court regardless of whether
they are clerks of the MTCs, to administer oaths on based in whole or in part, on a profit-sharing
matter involving official business. As Clerk of agreement (Rule 9.02, fourth par., Canon 9, CPR).
Court of MCTC, Tupas has the authority to
administer oath of affidavits of parties and 2005 BAR QUESTION
witnesses which are to be filed in court. Q: You had just taken your oath as lawyer. The
secretary to the president of a big university
offered to get you as the official notary public of
2006 BAR QUESTION the school. She explained that a lot of students
Q: The Supreme Court suspended indefinitely
lose their identification cards and are required to
Atty. Fernandez from the practice of law for gross
secure an affidavit of loss before they can be
immorality. He asked the MCTC Judge of his
issued a new one. She claimed that this would be
town if he can be appointed counsel de officio for
very lucrative for you, as more than 30 students that "[a] lawyer shall not do any falsehood, nor
lose their identification cards every month. consent to the doing of any in Court; nor shall he
However, the secretary wants you to give her one- mislead, or allow the Court to be misled by any
half of your earning therefrom. Will you agree to artifice."
the arrangement? Explain. (2005 Bar)
A case of suspension or disbarment may proceed
regardless of interest or lack of interest of the
A: NO, I will not agree. Rule 9.02 of the Code of complainant.1âwphi1 What matters is whether, on
Professional Responsibility provides that “a lawyer the basis of the facts borne out by the record, the
shall not divide or stipulate to divide a fee for legal charge of deceit and grossly immoral conduct has
service with persons not licensed to practice law”. been proven. This rule is premised on the nature of
The secretary is not licensed to practice law and is disciplinary proceedings. A proceeding for
suspension or disbarment is not a civil action
not entitled to a share of the fees for notarizing
where the complainant is a plaintiff and the
affidavits, which is a legal service.
respondent lawyer is a defendant. Disciplinary
proceedings involve no private interest and afford
TO THE COURTS no redress for private grievance. They are
(Canons 10-13) undertaken and prosecuted solely for the public
welfare. They are undertaken for the purpose of
Spouses Willie and Amelia Umaguing v. Atty. preserving courts of justice from the official
Wallen R. De Vera administration of persons unfit to practice in them.
A.C. No. 10451, February 4, 2015 The attorney is called to answer to the court for his
conduct as an officer of the court. The complainant
J. Perlas-Bernabe or the person who called the attention of the court
to the attorney’s alleged misconduct is in no sense
Fundamental is the rule that in his dealings with a party, and has generally no interest in the
his client and with the courts, every lawyer is outcome except as all good citizens may have in
expected to be honest, imbued with integrity, and the proper administration of justice
trustworthy. These expectations, though high and .
demanding, are the professional and ethical Disciplinary proceedings against lawyers are
burdens of every member of the Philippine Bar, for designed to ensure that whoever is granted the
they have been given full expression in the privilege to practice law in this country should
Lawyer’s Oath that every lawyer of this country remain faithful to the Lawyer's Oath. Only thereby
has taken upon admission as a bona fide member can lawyers preserve their fitness to remain as
of the Law Profession. members of the Law Profession. Any resort to
falsehood or deception, including adopting
The Lawyer’s Oath enjoins every lawyer not only artifices to cover up one's misdeeds committed
to obey the laws of the land but also to refrain from against clients and the rest of the trusting public,
doing any falsehood in or out of court or from evinces an unworthiness to continue enjoying the
consenting to the doing of any in court, and to privilege to practice law and highlights the
conduct himself according to the best of his unfitness to remain a member of the Law
knowledge and discretion with all good fidelity to Profession. It deserves for the guilty lawyer stem
the courts as well as to his clients. Every lawyer is disciplinary sanctions.
a servant of the law, and has to observe and
maintain the rule of law as well as be an exemplar
worthy of emulation by others. It is by no means a
coincidence, therefore, that the core values of
honesty, integrity, and trustworthiness are
emphatically reiterated by the Code of Professional
Responsibility. In this light, Rule 10.01, Canon 10
of the Code of Professional Responsibility provides
Respect for courts and judicial officers slander, degrade them or destroy public
Yap-Paras v. Atty. Paras, confidence in them. Moreover, a lawyer shall not
A.C. No. 4947, June 7, 2007 attribute to a judge motives not supported by the
record or have no materiality in the case (Rule
All lawyers are expected to recognize the authority
11.04, CPR).
of the Supreme Court and obey its lawful
processes and orders. Despite errors which one
may impute on the orders of the Court, these must Assistance in the speedy and efficient administration
be respected, especially by the bar or the lawyers of justice
who are themselves officers of the courts.
Rule 12.02, Canon 12. A lawyer shall not file multiple
In case of conflict between his duty to the court and actions arising from the same cause. (1991, 1997, 1998,
his duty to the society and his client, the other must 2002 Bar)
yield since it is his duty to the court that should take
precedence. Paredes v. Sandiganbayan
G.R. No. 108251, January 31, 1996
Rule 11.01, Canon 11. A lawyer shall appear in court
The mere filing of several cases based on the same
properly attired.
incident does not necessarily constitute forum
shopping. The question is whether the several
In a Resolution dated July 3, 2018, the SC found actions filed involve the same transactions,
Atty. Jesus Falcis III guilty of direct contempt for essential facts and circumstances. If they involve
wearing improper attire to a preliminary conference essentially different facts, circumstances and
held at the Supreme Court last June 5 and liable causes of action, there is no forum shopping.
under Rules 71, Section 1 of the Rules of Court
which punishes "misbehavior in the presence of or Rule 12.03, Canon 12. A lawyer shall not, after
so near a court or judge as to obstruct or interrupt obtaining extensions of time to file pleadings, memoranda
or briefs, let the period lapse without submitting the same
the proceedings before the same, including
or offering an explanation for his failure to do so. (2003
disrespect towards the court or judge." Atty. Falcis
Bar)
attended the conference presided by Associate
Justice Marvic Leonen wearing "a casual jacket,
Achacoso v. CA
cropped jeans, and loafers without socks,"
G.R. No. L-35867, June 28, 1973
1997 BAR QUESTION The court censures the practice of counsels who
Q: When is public comment and criticism of a secure repeated extensions of time to file their
court decision permissible and when would it pleadings and thereafter simply let the period
be improper? lapse without submitting the pleading or even an
explanation or manifestation of their failure to do
A: A lawyer, like every citizen, enjoys the right to so.
comment on and criticize the decision of a court.
Guidelines in interviewing witnesses
As an officer of the court, a lawyer is expected not
(2001, 2005 Bar Questions)
only to exercise that right but also to consider it
his duty to expose the shortcomings and
1. A lawyer may interview a witness in advance of the
indiscretions of courts and judges. But such right
trial to guide him in the management of the litigation;
is subject to the limitations that it shall be bona
fide. It is proper to criticize the courts and judges,
2. A lawyer may also interview a “prospective
but it is improper to subject them to abuse and
witness” for the opposing side in any civil and
criminal action without the consent of opposing 2008 BAR QUESTION

counsel or party; Q: Dumbledore, a noted professor of commercial
law, wrote an article on the subject of letters of
3. A lawyer must properly obtain statements from credit, which was published in the IBP Journal.
witnesses whose names were furnished by the Assume that he devoted a significant portion of
opposing counsel or interview the employees of the the article to a commentary on how the Supreme
opposing party even though they are under Court should decide a pending case involving
subpoena to appear as witnesses for the opposite the application of the law on letters of credit.
side; May he be sanctioned by the Supreme Court?
Explain.
4. If after trial resulting in defendant’s conviction,
A: YES, Professor Dumbledore may be sanctioned
his counsel has been advised that a prosecution
by the Supreme Court. Rule 13.02 of the CPR
witness has committed perjury, it is not only proper
provides that “a lawyer shall not make public
but it is the lawyer’s duty to endeavor honorable
statements in the media regarding a pending case
means to obtain such witness’ reaction, even
tending to arouse public opinion for or against a
without advising the public prosecutor of his
party.” The Court in a pending litigation must be
purpose and even though the case is pending
shielded from embarrassment or influence in its
appeal; and
duty of deciding the case.
Q: Assume Dumbledore did not include any
5. An adverse party, though he may be used as a
commentary on the case. Assume further after
witness, is not however a witness within the
the Supreme Court decision on the case had
meaning of the rule permitting a lawyer to interview
attained finality, he wrote another IBP Journal
the witness of the opposing counsel.
article, dissecting the decision and explaining
why the Supreme Court erred in all its
PNB v. Uy Teng Piao
conclusions. May he be sanctioned by the
G.R. No. L- 35252, October 21, 1932
Supreme Court? Explain.
Although the law does not forbid an attorney to
be a witness and at the same time an attorney in a A: He may not be sanctioned by the Supreme
case, the courts prefer that counsel should not Court. Once a case is concluded, the judge who
testify as a witness unless it is necessary and that decided it is subject to the same criticism as any
they should withdraw from the active other public official because his decision becomes
management of the case.
public property and is thrown open to public
consumption. The lawyer enjoys a wide latitude
in commenting or criticizing the judge’s decision,
In re: Loazano, 54 Phil. 801,
provided that such comment or criticism shall be
July 24, 1930
bona fide and not spill over the bounds of
In a concluded litigation, a lawyer enjoys a wider decency and propriety.
latitude of comment on or criticize the decision of
a judge of his actuation. Thus, it has been held
that a newspaper publication tending to impede,
obstruct, embarrass or influence the courts in
administering justice in a pending case constitutes
criminal contempt, but the rule is otherwise after
the litigation is ended.
TO THE CLIENTS covered by the lawyer-client privilege. In the first

(Canons 14 – 22) place, it was not made on account of a lawyer-
client relationship, that is, it was not made for the
Availability of service without discrimination purpose of seeking legal advice. In the second
place, it was not made in confidence (Mercado v.
2006 BAR QUESTION Vitriolo, 459 SCRA 1). In the third place, the
Q: Atty. Marie consulted Atty. Hernandez attorney-client privileged does not cover
whether she can successfully prosecute her case information concerning a crime or fraud being
for declaration of nullity of marriage that she committed or proposed to be committed.about
intends to file against her husband. Atty. which she had consulted him (Hilado v. David, 84
Hernandez advised her in writing that the case Phil. 569, 1949).
will not prosper for the reasons stated therein.
Services regardless of a person’s status
Is Atty. Hernandez' subsequent acquiescence to
be Noel's counsel ethical?
2004 BAR QUESTION
Q: Atty. DD’s services were engaged by Mr. BB
A: NO, Atty. Hernandez' acquiescence to be
as defense counsel in a lawsuit. In the course of
Noel's counsel will not be ethical. It will constitute the proceedings, Atty. DD discovered that Mr.
a conflict of interests. When Atty. Marie consulted BB was an agnostic and a homosexual. By reason
Atty. Hernandez' for advice on whether she can thereof, Atty. DD filed a motion to withdraw as
successfully prosecute her case for declaration of counsel without Mr. BB’s express consent. Is
nullity of her marriage to Noel, and he advised Atty. DD’s motion legally tenable? Reason
her that it will not prosper, a lawyer-client briefly.
relationship was created between them, although
his advice was unfavorable to her. From that A: NO. Atty. DD’s motion is not legally tenable.
moment, Atty. Hernandez is barred from He has no valid cause to terminate his services.
accepting employment from the adverse party His client, Mr. BB, being an agnostic and
concerning the same matter about which she had homosexual, should not be deprived of his
consulted him (Hilado v. David, 84 Phil. 569, counsel’s representation solely for that reason.
1949).
Valid grounds for refusal to serve
2006 BAR QUESTION
Q: In the course of a drinking spree with Atty. Rule 14.03, Canon 14. A lawyer may not refuse to
Holgado, who has always been his counsel in accept representation of an indigent client unless:
business deals, Simon bragged about his recent a. He is in no position to carry out the work effectively or
sexual adventures with socialites known for competently;
their expensive tastes. When Atty. Holgado b. He labors under a conflict of interest between him and
asked Simon how he manages to finance his the prospective client or between a present client and a
escapades, the latter answered that he has been prospective client.
using the bank deposits of rich clients of Banco
Filipino where he works as manager. 2002 BAR QUESTION
Q: May a lawyer decline a request for free legal
Is Simon's revelation to Atty. Holgado covered aid to an indigent accused made by a chapter of
by the attorney-client privilege? the IBP? Explain.
A: NO, Simon's revelation to Atty. Holgado is not A: NO. Rule 14.02 of the CPR provides that “a
lawyer shall not decline, except for serious and discloses the information to no third person other
sufficient cause, an appointment as counsel de than one reasonably necessary for the
officio or as amicus curiae or a request from the transmission or the accomplishment of the
purpose of which it was given.
IBP or any of its chapter for rendition of free legal
aid.” He may, decline such appointment only for
Requisites:
“serious and sufficient cause”.
1. There exists an attorney-client relationship, or a
prospective attorney-client relationship, and it is by
Q: Will your answer be different if the legal aid
reason of this relationship that the client made the
is requested in a civil case?
communication;
2. The client made the communication in confidence;
A: The answer will not be exactly the same,
3. The legal advice must be sought from the attorney
because in a civil case, the lawyer can also decline
in his professional capacity
if he believes the action or defense to be
(Mercado v. Vitrolio, A.C. No. 5108, May 26, 2006).
unmeritorious. He is ethically bound to maintain
only actions and proceedings which appear to
Regala v. Sandiganbayan, G.R. No. 105938,
him to be just and only such defenses which he
September 20, 1996
believes to be honestly debatable under the law.
Client identity is privileged where a strong
Rule 14.04, Canon 14. A lawyer who accepts the cause probability exists that revealing the client’s name
of a person unable to pay his professional fees shall would implicate that client in the very activity for
observe the same standard of conduct governing his which he sought the lawyer’s advice.
relations with paying clients. (2008 Bar Question)
Conflict of Interest (1991, 1992, 1993, 1994, 1997,
1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2008
Ledesma v. Climaco
G.R. No. L-23815, June 28, 1974 Bar)
Rule 15.01, Canon 15. A lawyer, in conferring with a
The fact that his services are rendered without prospective client, shall ascertain as soon as practicable
remuneration should not occasion a diminution in whether the matter would involve a conflict with another
his zeal. client or his own interest, and if so, shall forthwith inform
the prospective client.
Confidentiality Rule
Three tests to determine existence of conflict of
Confidentiality – It means the relation between interest
lawyer and client or guardian and ward, or between
spouses, with regard to the trust that is placed in the 1. Conflicting Duties - When, on behalf of one
one by the other (Black’s Law Dictionary 7th client, it is the attorney’s duty to contest for that
Edition 1990, 2004). which his duty to another client requires him to
oppose or when possibility of such situation will
Privileged Communications develop.
Jimenez v. Francisco, A.C. No. 10548, December 2. Invitation of Suspicion - Whether the acceptance
10, 2014
of the new relation will prevent a lawyer from the
Privileged Communication refers to information full discharge of his duty of undivided fidelity and
transmitted by voluntary act of disclosure loyalty to his client or will invite suspicion of
between attorney and client in confidence and by unfaithfulness or double-dealing in the performance
means which, so far as the client is aware, thereof.
3. Use of Prior Knowledge Obtained - Whether a engaged as counsel for a corporation cannot
lawyer will be called upon in his new relation to use represent members of the same corporation's
against the first client any knowledge acquired in Board of Directors in a derivative suit brought
against them. To do so would be tantamount to
the previous employment.
representing conflicting interests which is
prohibited by the Code of Professional
A lawyer cannot represent two adverse interests. Responsibility.
Seares, Jr. v. Atty. Gonzales-Alzate Exceptions to the rule on conflict of interest:

A.C. No. 9058, November 14, 2012 1. Before the controversy reaches the court and
where all the parties concerned express their written
There is no conflict of interest in a situation where
a lawyer represents his present client against his consent to the representation after full disclosure of
former client, so long as no confidential facts (Nakpil v. Valdes, A.C. No. 2040, March 4,
information acquired during the previous 1998);
employment was used against the former client 2. With the written consent of all concerned, a
by the lawyer. The prohibition does not cover a lawyer may act as a mediator, conciliator, or
situation where the subject matter of the present arbitrator in settling disputes (Rules 15.04 CPR);
engagement is totally unrelated to the previous
3. Where no true client-relationship is attendant; and
engagement of the attorney. Moreover, a mere
allegation of the professional misconduct would 4. With the written consent of a former client, a
not suffice to establish the charge, because lawyer, with full disclosure to a prospective client,
accusation is not synonymous with guilt. accept employment from the latter against the
former (Bautista v. Gonzales, A.M. No. 1625,
Samson v. Atty. Era February 12, 1990)
A.C. No. 6664, July 16, 2013
GR: An attorney cannot represent diverse interests.
A lawyer who represented those who were
victims of a pyramid scam against a corporation It is highly improper to represent both sides of an
and then later on enters his appearance as counsel issue. The proscription against representation of
for the officers of such corporation for the conflicting interest finds application where the
criminal cases involving the same pyramid scam conflicting interest arise with respect to the same
is guilty of misconduct. The lawyer's highest and general matter and is applicable however slight such
most unquestioned duty is to protect the client at adverse interest may be. It applies although the
all hazards and costs even to himself. The
attorney’s intention and motives were honest and he
protection given to the client is perpetual and
does not cease with the termination of the acted in good faith.
litigation, nor is it affected by the client's ceasing
to employ the attorney and retaining another, or XPN: Representation of conflicting interest may be
by any other change of relation between them. It allowed where the parties consent to the
even survives the death of the client. representation after full disclosure of facts (Nakpil v.
Valdez, A.C. No. 2040, March 4, 1998).
Rule when the lawyer of the corporation and the
board of directors of such corporation is the same
Hornilla v. Atty. Salunat

A.C. No. 5804, July 1, 2003
The interest of the corporate client is paramount

and should not be influenced by any interest of
the individual corporate officials. A lawyer
Fiduciary Relationship complainants and by blatantly refusing to pay the

same, respondent abused the trust and confidence
Spouses Henry A. Concepcion and Blesilda S. reposed in him by his clients, and, in so doing,
Concepcion v. Atty. Elmer A. Dela Rosa failed to uphold the integrity and dignity of the
A.C. No. 10681, February 3, 2015 legal profession. Thus, he should be equally held
administratively liable on this score.
J. Perlas-Bernabe
2007 BAR QUESTION
Under Rule 16.04, Canon 16 of the CPR, a lawyer Q: C engaged the services of attorney D
is prohibited from borrowing money from his concerning various mortgage contracts entered
client unless the client’s interests are fully into by her husband from whom she is
protected:
separated fearful that her real estate properties
will be foreclosed and of impending suits for
CANON 16 – A lawyer shall hold in trust all
moneys and properties of his clients that may sums of money against her. Attorney D advised
come into his possession. C to give him her land titles covering her lots so
he could sell them to enable her to pay her
Rule 16.04 – A lawyer shall not borrow money creditors. He then persuaded her to execute
from his client unless the client’s interests are deeds of sale in his favor without any monetary
fully protected by the nature of the case or by or valuable consideration, to which C agreed on
independent advice. Neither shall a lawyer lend condition that he would sell the lots and from
money to a client except, when in the interest of
the proceeds pay her creditors. Later on, C came
justice, he has to advance necessary expenses in a
to know that attorney D did not sell her lots but
legal matter he is handling for the client."
instead paid her creditors with his own funds
The Court has repeatedly emphasized that the and had her land titles registered in his name.
relationship between a lawyer and his client is Did attorney D violate the CPR?
one imbued with trust and confidence. And as
true as any natural tendency goes, this "trust and A: The decision of the Supreme Court in the case
confidence" is prone to abuse. of Hernandez v. Go 450 SCRA 1, is squarely
applicable to this problem. Under the same set of
The rule against borrowing of money by a lawyer
from his client is intended to prevent the lawyer facts, the Supreme Court held the lawyer to have
from taking advantage of his influence over his violated Canons 16 and 17 of the CPR. The
client. The rule presumes that the client is Supreme Court further held that the lawyer
disadvantaged by the lawyer’s ability to use all concerned has engaged in deceitful, dishonest,
the legal maneuverings to renege on his unlawful and grossly immoral acts, which might
obligation. In Frias v. Atty. Lozada (Frias) the lessen the trust and confidence reposed by the
Court categorically declared that a lawyer’s act of
public in the fidelity, honesty, and integrity of the
asking a client for a loan, as what herein
respondent did, is unethical, to wit: legal profession. Consequently, the Court
disbarred him.
A lawyer’s act of asking a client for a loan, as
what respondent did, is very unethical.1âwphi1 It Q: When is professional incompetence a ground
comes within those acts considered as abuse of for disbarment under the Rules of Court? Explain.
client’s confidence. The canon presumes that the (2010 Bar)
client is disadvantaged by the lawyer’s ability to
use all the legal maneuverings to renege on her
obligation. A: Professional incompetence of a lawyer may be a
special ground for disbarment if his incompetence is
In unduly borrowing money from the so total, gross and serious that he cannot be
entrusted with the duty to protect the rights of his 4. Ignorance, incompetence, or inexperience of
clients. “A lawyer shall not undertake a legal service lawyer is so great and error so serious that client,
where he knows or should know that he is not who has a good cause, is prejudiced and denied a
qualified to render” (Rule 18.01, CPR). If he does so, day in court; and
it constitutes malpractice or gross misconduct in 5. Gross negligence of lawyer.
office which are grounds for suspension or
disbarment under Section 27, Rule 138 of the Rules of Doctrine of imputed knowledge
Court. The knowledge acquired by an attorney during the
time that he is acting within the scope of his
Negligence authority is imputed to the client. It is based on the
assumption that an attorney, who has notice of
Rule 18.03, Canon 18. A lawyer shall not neglect a legal matter affecting his client, has communicated the
matter entrusted to him and his negligence in connection same to his principal in the course of professional
therewith shall render him liable. (1998, 2002 Bar dealings.
Questions)
Attorney’s Fees (1990, 1991, 1992, 1994, 1995, 1997,
Vda. De Enriquez v. San Jose, 1998, 2005, 2006, 2007 Bar)
516 SCRA 486
CANON 20. A lawyer shall charge only fair and
A lawyer is enjoined not to neglect a legal matter reasonable fees.
entrusted to him, and his negligence in connection
therewith shall render him liable. It is the duty of
Research and Services Realty, Inc. v. CA
the lawyer to serve his client with competence
G.R. No. 124074, January 27, 1997
and diligence and he should exert his best efforts
to protect within the bounds of the law, the
Unless otherwise expressly stipulated, rendition
interest of his client.
of professional services by a lawyer is for a fee or
compensation and is not gratuitous.
Q: Are the mistakes or negligence of a lawyer
binding upon the client? (1998, 2000, 2002 Bar) Factors in determining the attorney’s fees: (1994
Bar)
GR: Client is bound by attorney’s conduct, a. The time spent and the extend of the service
negligence and mistake in handling a case or in the rendered or required;
management of litigation and in procedural b. The novelty and difficulty of the questions
technique, and he cannot complain that the result involved;
might have been different had his lawyer proceeded c. The importance of the subject matter;
differently. d. The skill demanded;
e. The probability of losing other employment as a
XPNs: result of acceptance of the proffered case;
1. Lack of acquaintance with technical aspect of f. The customary charges for similar services and the
procedure; schedule of fees of the IBP chapter to which he
2. When adherence thereto results in outright belongs;
deprivation of client’s liberty or property or where g. The amount involved in the controversy and the
Interest of justice so requires; benefits resulting to the client from the service;
3. Where error by counsel is Purely technical which h. The contingency or certainty of compensation;
does not substantially affect client’s cause; i. The character of employment, whether occasional
or established; and
j. The professional standing of the lawyer (Rule may be recovered or 15% of whatever monetary
20.01, CPR) settlement that may be received from the
property developer as her only fee contingent
Acceptance Fees upon securing a favorable final judgment or
compromise settlement. Chester signed the
Yu v. Bondal, A.C. No. 5534, contingent fee agreement. Assuming that the
January 17, 2005 property developer settled the case after the case
was decided by the Regional Trial Court in favor
An acceptance fee is not a contingent fee, but is an of Chester for P1 Billion. Chester refused to pay
absolute fee arrangement which entitles a lawyer
Laarni P150 Million on the ground that it is
to get paid for his efforts regardless of the
excessive. Is the refusal justified? Explain.
outcome of the litigation. Dissatisfaction from the
outcome of the cases would not render void the
retainer agreement. A: The refusal of Chester to pay is unjustified. A
contingent fee is impliedly sanctioned by Rule
Uy v. Gonzales 20.01(f) of the CPR. A much higher compensation
A.C. No. 5280, March 30, 2004 is allowed as contingent fees in consideration of
the risk that the lawyer will get nothing if the suit
The expiration of the retainer contract between fails. In several cases, the Court has indicated that
the parties during the pendency of the labor case
a contingent fee of 30% of the money or property
does not extinguish the respondent’s right to
attorney’s fees. that may be recovered is reasonable. Moreover,
although the developer settled the case, it was
Contingency Fee Arrangements after the case was decided by the RTC in favor of
Chester, which shows that Atty. Laarni has
Taganas v. NLRC already rendered service to the client.
G.R. No. 118746, September 7, 1995
Q: Assuming that there was no settlement and
A contingency fee contract is one which stipulates the case eventually reached the Supreme Court,
that the lawyer will be paid for his legal services which promulgated a decision in favor of
only if the suit or litigation ends favorably to the
Chester. (This time) Chester refused to convey to
client.
Laarni 15% of the litigated land as stipulated on
the ground that the agreement violates Article
Morton v. Forsee,
Ann. Cas. 1914 D. 197 1491 of the Civil Code, which prohibits lawyers
from acquiring by purchase properties and
If a lawyer employed on contingent basis dies or rights, which are the object of litigation in
becomes disabled before the final adjudication or which they take part by reason of their
settlement of the case has been obtained, he or his profession. Is the refusal justified? Explain.
estate will be allowed to recover the reasonable A: Chester’s refusal is not justified. A contingent
value of the services rendered. The recovery will fee arrangement is not covered by Art.1491 of the
be allowed only after the successful termination of
Civil Code, because the transfer or assignment of
the litigation in the client’s favor.
the property in litigation takes effect only upon
2007 BAR QUESTION finality of a favorable judgment. (Director of
Q: Chester asked Laarni to handle his claim to a Lands v. Ababa, G.R. No. L-26096, February 27,
sizeable parcel of land in Quezon City against a 1979); (Macariola v. Asuncion, A.C. No. 133-J,
well-known property developer on a contingent May 31, 1982)
fee basis. Laarni asked for 15% of the land that
Champertous contract lawful fees and disbursements have been paid and
Is one where the lawyer stipulates with his client in to apply such funds to the satisfaction thereof.
the prosecution of the case that he will bear all the
expenses for the recovery of things or property 2. Charging Lien - right which the attorney has
being claimed by the client, and the latter agrees to upon all judgments for the payment of money, and
pay the former a portion of the thing or property executions issued in pursuance of said judgments,
recovered as compensation. It is void for being which he has secured in litigation of his client.
against public policy (like gambling).
Elena De Caiña, et al. v. Hon. Victoriano, et al.,
Bautista v. Gonzales G.R. No. L-12905, February 26, 1959
A.M. No. 1625, February 12, 1990
Under this rule, this lien, whether retaining or
A champertous contract is considered void due to charging, takes legal effect only from and after,
public policy, because it would make him acquire but not before, notice of said lien has been entered
a stake in the outcome of the litigation which in the record and served on the adverse party.
might lead him to place his own interest above
that of the client. Fees and Controversies with Clients
Rule 20.03. A lawyer shall not, without the full
2006 BAR QUESTION knowledge and consent of the client, accept any fee,
Q: The contract of attorney's fees entered into by reward, costs, commission, interest, rebate or forwarding
Atty. Quintos and his client, Susan, stipulates allowances or other compensation whatsoever related to
that if a judgment is rendered in favor of the his professional employment from anyone other than the
latter, Atty. Quintos gets 60% of the property client.
recovered as contingent fee. In turn, he will
assume payment of all expenses of the litigation. Related Statutory Basis
May Atty. Quintos and Susan increase the Rules of Court, Rule 138, Sec. 20(e). Duties of
amount of the contingent fee to 80%? (2006 Bar) attorneys. It is the duty of an attorney to accept no
compensation in connection with his client's
A: NO. Atty. Quintos and Susan cannot agree to business except from him or with his knowledge
increase the amount of the contingent fee to 80% and approval.
because the agreement is champertous. Even if
there is no champertous provision present, the Rationale
contingent fee of 80% of the property recovered This ensures protection of lawyers in collection of
could still be considered as unconscionable, fees. It is also designed to secure the lawyer’s
because it is so disproportionate as to indicate wholehearted fidelity to the client’s cause and to
that an unjust advantage had been taken of the prevent that situation in which the receipt by him of
client, and is revolting to human conscience. a rebate or commission from another in connection
Contracts for attorney's fees are always subject to with the client’s cause may interfere with the full
control by the courts. discharge of his duty to the client. The amount
received by lawyer from opposite party or third
Attorney’s Liens persons in the service of his client belongs to the
client except when the latter has full knowledge and
1. Retaining Lien - right of the attorney to retain the approval of lawyer’s taking [Agpalo]
funds, documents, and papers of his client which
have lawfully come into his possession until his Rule 20.04. A lawyer shall avoid controversies with
clients concerning his compensation and shall resort to
judicial action only to prevent imposition, injustice or C. SUSPENSION, DISBARMENT, AND

fraud. DISCIPLINE OF LAWYERS (Rule 139-B)
Judicial actions to recover attorney’s fees Nature and Characteristics of disciplinary actions
(1) File an appropriate motion or petition as an against lawyers
incident in the main action where he
rendered legal services; Cruz v. Atty. Jacinto
Adm. Case No. 5235, March 22, 2000
(2) File a separate civil action for collection of
attorney’s fees. Since the practice of law is inseparably connected
with the exercise of its judicial power in
Suits to collect fees should be avoided and only administration of justice the court cannot divest of
when the circumstances imperatively require should its constitutionality ordained prerogative which
a lawyer resort to lawsuit to enforce payment of includes the authority to discipline, suspend, or
disbar any unfit and unworthy member of the bar
fees. This is but a logical consequence of the legal
by a mere execution of affidavits of voluntary
profession not primarily being for economic
desistance and quitclaim (par. 5, Sec. 5, 1987
compensation. [Agpalo] Constitution)
An attorney-client relationship can be created by A lawyer may be disciplined or suspended for

implied agreement, as when the attorney actually any misconduct whether in his profession or
rendered legal services for a person who is a close private capacity which shows him to be wanting
in moral character, in honesty, in probity and
friend. The obligation of such a person to pay
good demeanor, thus rendering unworthy to
attorney’s fees is based on the law of contracts’ continue as an officer of the court.
concept of facio ut des (no one shall unjustly enrich
himself at the expense of others. [Corpuz v. CA Sui Generis (2002 Bar)
(1980)]
In re Almacen
Quantum Meruit G.R. No. L-27654, February 18, 1970
Means as much as the lawyer deserves or such
amount to his services merit. An administrative case against lawyers belong to
a class of their own. It is neither purely civil nor
purely criminal, the proceeding is not a trial of an
National Power Corporation v. Heirs of Sangkay,
action or a suit but is an investigation by the
G.R. No. 165828, August 24, 2011
Court into the conduct of its officers. Not being
intended to inflict punishment, it is in no sense a
When the claim for entitlement to attorney's fees
criminal prosecution. Public interest is its primary
is contingent, but no written agreement has been
objective, and the real question for determination
executed bearing the supposed contingent fees,
is whether or not the attorney is still a fit person
the only way to determine the same is to apply
to be allowed the privileges as such.
the principle of quantum meruit. The recovery of
attorney's fees on the basis of quantum meruit is a
device that prevents an unscrupulous client from
running away with the fruits of the legal services
of counsel without paying for it and it also avoids
unjust enrichment on the part of the attorney
himself.
2009 BAR QUESTION f. Willful disobedience of any lawful order of

Q: Atty. Hyde, a bachelor, practices law in the a superior court;
Philippines. On long weekends, he dates g. Corrupt or willful appearance as an attorney
beautiful actresses in Hong Kong. Kristine, a for a party to a case without authority to do
neighbor in the Philippines, filed with the so; or
Supreme Court an administrative complaint h. Non-payment of IBP membership dues
against the lawyer because of sex videos
uploaded through the internet showing Atty. Proceedings
Hyde's sordid dalliance with the actresses in
Hong Kong. In his answer, Atty. Hyde (a.) Initiation of disbarment
questions the legal personality and interest of Any interested person or the court motu proprio may
Kristine to institute the complaint and (b.) initiate disciplinary proceedings. There can be no
insists that he is a bachelor and the sex videos
doubt as to the right of a citizen to bring to the
relate to his private life which is outside public
attention of the proper authority acts and doings of
scrutiny and have nothing to do with the law
public officers’ which citizens feel are incompatible
practice. Rule on the validity of Atty. Hyde's
with the duties of the office and from which conduct
defenses. (2009 Bar)
the citizen or the public might or does suffer
undesirable consequences. (2000 Bar Question)
A:
(a) The legal personality and interest of Kristine
Spouses Willie and Amelia Umaguing v. Atty.
to initiate the complaint for disbarment is
Wallen De Vera
immaterial. A disbarment proceeding is sui A.C. No. 10451, February 4, 2015
generis, neither civil nor a criminal
proceeding. Its sole purpose is to determine J. Perlas-Bernabe
whether or not a lawyer is still deserving to be
a member of the bar. In a real sense, Kristine is A case of suspension or disbarment may proceed
regardless of interest or lack of interest of the
not a plaintiff; hence, interest on her part is
complainant. What matters is whether, on the
not required. basis of the facts borne out by the record, the
(b) Atty. Hyde's second defense is untenable. His charge of deceit and grossly immoral conduct has
duty not to engage in unlawful, dishonest, been proven. This rule is premised on the nature
immoral and deceitful conduct under Rule of disciplinary proceedings. A proceeding for
1.01 of the CPR, as well as his duty not to suspension or disbarment is not a civil action
where the complainant is a plaintiff and the
engage in scandalous conduct to the discredit
respondent lawyer is a defendant. Disciplinary
of the legal profession under Rule 7.03, is
proceedings involve no private interest and afford
applicable to his private as well as to his no redress for private grievance. They are
professional life. undertaken and prosecuted solely for the public
welfare. They are undertaken for the purpose of
Grounds preserving courts of justice from the official
The following are the grounds for suspension or administration of persons unfit to practice in
them. The attorney is called to answer to the court
disbarment of a lawyer:
for his conduct as an officer of the court. The
a. Deceit; complainant or the person who called the
b. Malpractice; attention of the court to the attorney’s alleged
c. Grossly Immoral Conduct; misconduct is in no sense a party, and has
d. Conviction of a crime involving moral generally no interest in the outcome except as all
turpitude; good citizens may have in the proper
e. Violation of oath of office; administration of justice.
Disciplinary proceedings against lawyers are from the Court lifting the suspension at the end of
designed to ensure that whoever is granted the the period is necessary in order to enable him to
privilege to practice law in this country should resume the practice of his profession.
remain faithful to the Lawyer's Oath. Only
thereby can lawyers preserve their fitness to Lawyers who have been disbarred
remain as members of the Law Profession. Any
resort to falsehood or deception, including Cui v. Cui
adopting artifices to cover up one's misdeeds G.R. No. L-18727, August 31, 1964
committed against clients and the rest of the
trusting public, evinces an unworthiness to Whether or not the applicant shall be
continue enjoying the privilege to practice law reinstated rests to a great extent in the sound
and highlights the unfitness to remain a member discretion of the court. The court action will
of the Law Profession. It deserves for the guilty depend, generally on whether or not it
lawyer stem disciplinary sanctions. decides that the public interest in the orderly
and impartial administration of justice will be
2006 BAR QUESTION conserved by the applicant’s participation
Q: Atty. Perez was admitted as a member of the therein in the capacity of an attorney and
the New York Bar. While in Manhattan, he was counselor at law.
convicted of estafa and was disbarred. Does his
The applicant must, like a candidate for the
disbarment in New York a ground for his
admission to the bar, satisfy the court that he
automatic disbarment in the Philippines? (2006
is a person of good moral character – a fit and
Bar) proper person to practice law. The court will
take into consideration the applicant’s
A: YES. If the Filipino lawyer is disbarred from character and standing prior to the
the practice of law by a competent court in a disbarment, the nature and character of the
foreign jurisdiction where he has been admitted charge for which he was disbarred, his
as an attorney, such disbarment can be a ground conduct subsequent to the disbarment, and
the time that has elapsed between the
for disbarment in the Philippines provided that
disbarment and the application for
the cause for disbarment is included in Section 27, reinstatement.
Rule 138 of RRC. In this case, conviction of estafa
constitutes conviction of a crime involving moral E. MANDATORY CONTINUING LEGAL
turpitude which is a ground for disbarment here EDUCATION
in the Philippines.
Requirements
D. READMISSION TO THE BAR Members of the IBP, unless exempted under Rule 7,
shall complete every 3 years at least 36 hours of
Lawyers who have been suspended continuing legal education activities. The 36 hours
shall be divided as follows:
J.K. Mercado and Sons Agricultural Enterprises,
Inc. et al. v. Atty. de Vera, et al. 1. 6 hours – legal ethics
2. 4 hours – trial and pretrial skills
The statement of the Court that his suspension
stands until he would have satisfactorily showed 3. 5 hours – alternative dispute resolution
his compliance with the Courts resolution is a 4. 9 hours – updates on substantive and procedural
caveat that his suspension could thereby extend laws and jurisprudence
for more than six months. The lifting of a lawyer’s 5. 4 hours – legal writing and oral advocacy
suspension is not automatic upon the end of the 6. 2 hours – international law and international
period stated in the Court decision, and an order conventions
7. Remaining 6 hours – such other subjects as may be The initial compliance period after admission or
prescribed by the Committee on MCLE (B.M. 850, readmission shall begin on the first day of the month
Rule 2, Section 2) of admission or readmission and shall end on the
same day as that of all other members in the same
Compliance Compliance Group.
Initial Compliance Period
The initial compliance period shall begin not later (a) Where four (4) months or less remain of the
than three (3) months from the adoption of Bar initial compliance period after admission or
Matter 850. readmission, the member is not required to
comply with the program requirement for
Except for the initial compliance period for members the initial compliance.
admitted or readmitted after the establishment of (b) Where more than four (4) months remain of
the program, all compliance periods shall be for the initial compliance period after admission
thirty-six (36) months and shall begin the day after or readmission, the member shall be
the end of the previous compliance period. (Rule 3, required to complete a number of hours of
Section 1) approved continuing legal education
activities equal to the number of months
Compliance Groups remaining in the compliance period in
Members of the IBP not exempt from the MCLE which the member is admitted or
requirement shall be divided into three (3) readmitted. Such member shall be required
compliance groups, namely: to complete a number of hours of education
(a) Compliance Group 1. - Members in the in legal ethics in proportion to the number
National Capital Region (NCR) or Metro of months remaining in the compliance
Manila are assigned to Compliance Group 1. period. Fractions of hours shall be rounded
(b) Compliance Group 2. - Members in Luzon up to the next whole number. (Rule 3,
outside NCR are assigned to Compliance Section 3)
Group 2.
(c) Compliance Group 3. - Members in Visayas Exemptions
and Mindanao are assigned to Compliance The following members of the Bar are exempt from
Group 3. the MCLE requirement:
Nevertheless, members may participate in any legal (a) The President and the Vice President of the
education activity wherever it may be available to Philippines, and the Secretaries and
earn credit unit toward compliance with the MCLE Undersecretaries of Executive Departments;
requirement. (Rule 3, Section 2) (b) Senators and Members of the House of
Representatives;
Compliance Period of Members Admitted or (c) The Chief Justice and Associate Justices of
Readmitted After Establishment of the Program the Supreme Court, incumbent and retired
Members admitted or readmitted to the Bar after the members of the judiciary, incumbent
establishment of the program shall be assigned to members of the Judicial and Bar Council
the appropriate Compliance Group based on their and incumbent court lawyers covered by the
Chapter membership on the date of admission or Philippine Judicial Academy program of
readmission. continuing judicial education;
(d) The Chief State Counsel, Chief State Governors upon recommendation of the Committee
Prosecutor and Assistant Secretaries of the on MCLE.
Department of Justice;
(e) The Solicitor General and the Assistant NOTE: The listing as a delinquent member is an
Solicitors General; administrative in nature but it shall be made with
(f) The Government Corporate Counsel, notice and hearing by the Committee on MCLE.
Deputy and Assistant Government B.M. No. 1922, which took effect on January 1, 2009,
Corporate Counsel; requires practicing members of the bar to indicate in
(g) The Chairmen and Members of the all pleadings filed before the courts or quasi-judicial
Constitutional Commissions; bodies, the number and date of issue of their MCLE
(h) The Ombudsman, the Overall Deputy Certificate of Compliance or Certificate of
Ombudsman, the Deputy Ombudsman and Exemption, as may be applicable, for the
the Special Prosecutor of the Office of the immediately preceding compliance period. Failure
Ombudsman; to disclose the required information would cause the
(i) Heads of government agencies exercising dismissal of the case and the expunction of the
quasi-judicial functions; pleadings from the records.
(j) Incumbent deans, bar reviewers and
professors of law who have teaching F. NOTARIAL PRACTICE
experience for at least ten (10) years in (A.M. No. 02-8-13-SC, as amended)
accredited law schools;
(k) The Chancellor, Vice-Chancellor and Notary Public
members of the Corps of Professors and A person appointed by the court whose duty is to
Professorial Lecturers of the Philippine attest to the genuineness of any deed or writing in
Judicial Academy; and order to render them available as evidence of facts
(l) Governors and Mayors. (B.M. 850, Rule 7) stated therein and who is authorized by the statute
to administer various oaths
Other Parties Exempted
(a) Those who are not in law practice, private or Qualifications of Notary Public
public. The following are the qualifications to be a Notary
(b) Those who have retired from law practice Public:
with the approval of the IBP Board of
Governors. (1) Citizen of the Philippines;
(2) Over 21 years of age;
Good Cause for Exemption (3) Resident in the Philippines for at least 1 year and
A member may file a verified request setting forth maintains a regular place of work or business in the
good cause for exemption such as: city or province where the commission is to be
- Physical disability Illness issued;
- Post graduate study abroad (4) A member of the Philippine Bar in good standing
- Proven expertise in law with clearances from the Office of the Bar Confidant
- Other analogous circumstances of the Supreme Court and the Integrated Bar of the
Philippines; and
Sanctions (5) must not have been convicted in the first
A member who fails to comply with the instance of any crime involving moral turpitude.
requirements after the 60-day period shall be listed
as delinquent member by the IBP Board of
Term and Jurisdiction Notarial Register

A person commissioned as notary public may A chronological official notarial register of notarial
perform notarial acts in any place within the acts consisting of a permanently bound book with
territorial jurisdiction of the commissioning court for numbered pages. There must only be one active
a period of two years commencing the first day of register at any given time.
January of the year in which the commissioning is
made, unless earlier revoked or the notary public Entries in the Notarial Register
has resigned under these Rules and the Rules of (1) The following:
Court. (2004 Rules on Notarial Practice, Rule 3, a. Entry number and page number;
Sec.11) b. Date and time of day of the notarial act; (
c. Type of notarial act; the title or description
2009 BAR QUESTION of the instrument, document or proceeding;
Q: Atty. Sabungero obtained a notarial d. The name and address of each principal;
commission. One Sunday, while he was at the e. The competent evidence of identity as
cockpit, a person approached him with an defined by these Rules if the signatory is not
affidavit that needed to be notarized. Atty. personally known to the notary;
Sabungero immediately pulled out from his f. The name and address of each credible
pocket his small notarial seal, and notarized the witness swearing to or affirming the
document. Was the affidavit validly notarized? person's identity;
g. The fee charged for the notarial act;
A: Section 2, Rule IV of the 2004 Rules on Notarial
h. The address where the notarization was
Practice provides that a Notary Public shall not
performed if not in the notary's regular
perform a notarial act outside his regular place of
place of work or business; and
work, except in few exceptional occasions or
i. Any other circumstance the notary public
situations, at the request of the parties. Notarizing
may deem of significance or relevance.
in a cockpit is not one of such exceptions. The
prohibition is aimed to eliminate the practice of
(2) Circumstances of any request to inspect or
ambulatory notarization. However, assuming that
copy an entry in the notarial register, including
the cockpit is within his notarial jurisdiction, the
a. The requester's name;
notarization may be valid but the notary public
b. Address;
should be disciplined.
c. Signature;
d. Thumb mark or other recognized
Powers and limitations identifier; and
A notary public is empowered to perform the e. Evidence of identity.
following notarial acts:
(1) Acknowledgments;
Father Ranhilio C. Aquino Et. Al., v. Atty. Edwin
(2) Oaths and affirmations; Pascua, A.C. No. 5095
(3) Jurats; November 28, 2007, En Banc
(4) Signature witnessing;
(5) Copy certifications; and Failure of the notary to make the proper entry or
(6) any other act authorized by these Rules. (Section entries in his notarial register touching his
notarial acts in the manner required by law is a
1(a), Rule IV, A.M. No. 02-8-13-SC)
ground for revocation of his commission.
Lingan v. Atty. Calibaquib Sanctions

A.C. No. 5377, June 15, 2006) RULE XI Sec. 1. Revocation and Administrative
Sanctions. – xxx
Notary public is personally accountable for all
(c) Upon verified complaint by an interested,
entries in his notarial register. They cannot be
affected or aggrieved person, the notary public shall
relieved of responsibility for the violation of the
aforesaid sections by passing the buck to their 1) be required to file a verified answer to the
secretaries. complaint.
2) If the answer of the notary public is not
Jurisdiction of notary public and place of satisfactory, the Executive Judge shall
notarization conduct a summary hearing.
3) If the allegations of the complaint are not
General Rule: Notarization of document must be at proven, the complaint shall be dismissed.
the notary public’s regular place of work. 4) If the charges are duly established, the
Executive Judge shall impose the
Exceptions: appropriate administrative sanctions.
(1) In public offices, convention halls and other 5) In either case, the aggrieved party may
places where oaths of office are appeal the decision to the Supreme Court
administered, public function areas in hotels for review. Pending the appeal, an order
and similar areas used for the signing of imposing disciplinary sanctions shall be
instruments or documents requiring immediately executory, unless otherwise
notarization; ordered by the Supreme Court.
(2) Hospitals and other medical institutions
where a part to an instrument is confined for (d) The Executive Judge may motu proprio
treatment; initiate administrative proceedings against a
(3) Any place where a party to the instrument notary public, subject to the procedures
requiring notarization is under detention prescribed in paragraph (c) above and impose
the appropriate administrative sanctions on the
Competent Evidence of Identity grounds mentioned in the preceding paragraphs
Refers to the identification of an individual based (a) and (b).
on:
II. JUDICIAL ETHICS

(a) at least one current identification document
issued by an official agency bearing the
Sources
photograph and signature of the individual;
or
The New Code of Judicial Conduct for the
(b) the oath or affirmation of one credible
Philippine Judiciary (Bangalore Draft). The New
witness not privy to the instrument,
Code of Judicial Conduct (NCJC) for the Philippine
document or transaction who is personally
Judiciary which took effect on June 1, 2004
known to the notary public and who supersedes the Canons of Judicial Ethics and the
personally knows the individual, or of two Code of Judicial Conduct. Provided, however, that
credible witnesses neither of whom is privy in case of deficiency or absence of specific provisions
to the instrument, document or transaction in this New Code, the Canons of Judicial Ethics and
who each personally knows the individual Code of Judicial Conduct shall be applicable in a
and shows to the notary public suppletory character (2007, 2009 Bar).
documentary identification.
This was adopted from the universal declaration of 4. Duty of financial transparency and duty to
standards for ethical conduct embodied in the avoid financial conflicts of interest (NCJC,
Bangalore Draft as revised at the Round Table Sec. 7, Canon 4)
Conference of Chief Justices at the Hague. 5. Duty to be efficient, fair and prompt (NCJC,
Sec. 5, Canon 6)
It is founded upon a universal recognition that a 6. Duty to be free from favor, bias, or prejudice
competent, independent and impartial judiciary is (NCJC, Sec. 1, Canon 3).
essential if the courts are to fulfill their role in
upholding constitutionalism and the rule of law; Code of Judicial Conduct (1989). This code applies
that public confidence in the judicial system and in suppletory to the Bangalore Draft.
the moral authority and integrity of the judiciary is
of utmost importance in a modern democratic Disqualification of Judicial Officers (Rule 137)
society; and that it is essential that judges,
individually and collectively, respect and honor Compulsory
judicial office as a public trust and strive to enhance GR: Section 1 of Rule 137 provides that a judge is
and maintain confidence in the judicial system. mandated by law to be disqualified under any of the
following instances:
The purpose of the New Code of Judicial Conduct
for the Philippine Judiciary is to update and 1. The judge, or his wife, or child is pecuniarily
correlate the code of judicial conduct and canons of interested as heir, legatee, or creditor;
judicial ethics adopted for the Philippines, and also 2. The judge is related to either party of the
to stress the Philippines’ solidarity with the case within the sixth degree of
universal clamor for a universal code of judicial consanguinity or affinity, or to the counsel
ethics (See aforementioned "four Ins" and "four within the fourth degree (computed
ACID" problems by Chief Justice Artemio V. according to the rule of civil law);
Panganiban). 3. The judge has been an executor,
administrator, guardian, trustee or counsel;
The six (6) canons under the New Code of Judicial 4. The judge has presided in any inferior court
Conduct for the Philippine Judiciary when his ruling or decision is the subject of
1. Independence review.
2. Integrity
3. Impartiality XPN: The same rule also provides that the judge
4. Propriety may hear and decide the case despite the presence of
5. Equality a disqualification provided the interested parties
6. Competence and Diligence both give their written consent, signed by them and
entered upon the record. It has been decided by the
Duties of a magistrate that will bolster the public’s Supreme Court that oral consent is not valid, even
confidence in the judicial system though both parties have agreed (Lazo v. Judge
1. Duty to be above reproach and to appear Tiong, A.M. No. MTJ-98-1173, December 15, 1998).
above reproach (NCJC, Sec.1, Canon 2)
2. Duty to be impartial (NCJC, Canon 3) Voluntary
3. Duty to avoid improprieties and appearance According to the Rules of Voluntary Inhibition
of improprieties (NCJC, Sec. 1, Canon 4) Court states that a judge through the exercise of
sound discretion, disqualify himself from sitting in a
case, for just or valid reasons other than those a) Motu proprio by the Supreme Court or
mentioned above. b) Upon a verified complaint, supported by
affidavits of person who have personal
Gutang v. Court of Appeals, knowledge of the facts alleged therein or by
G.R. No. 124760, July 8, 1998 documents which may substantiate said
allegations, or
A presiding judge must maintain and preserve the
c) Upon an anonymous complaint, supported by
trust and faith of the parties-litigants. He must
hold himself above reproach and suspicion. At the public records of indubitable integrity.
very sign of lack of faith and trust in his actions,
whether well-grounded or not, the judge has no The complaint shall be in writing and shall state
other alternative but to inhibit himself from the clearly and concisely the acts and omissions
case. constituting violations of standards of conduct
prescribed for Judges by law, the Rules of Court, or
Discipline of Members of the Judiciary the Code of Judicial Conduct. (A.M. 01-8-10-SC,
RULE 140)
Supreme Court
• Members of the high court are one of the Grounds
impeachable officers provided for in the Serious Charges
Constitution. 1. Bribery, direct or indirect;
• The sole disciplining authority of all 2. Dishonesty and violations of the Anti-Graft
impeachable officers, including Justices of and Corrupt Practices Law (R.A. No. 3019);
this Court, is Congress. 3. Gross misconduct constituting violations of
the Code of Judicial Conduct;
Section 3(1), Article XI of the Constitution provides 4. Knowingly rendering an unjust judgment or
that, The House of Representatives shall have the order as determined by a competent court in
exclusive power to initiate all cases of impeachment. an appropriate proceeding;
5. Conviction of a crime involving moral
Likewise, Section 3(6) of the same Article provides turpitude;
that, The Senate shall have the sole power to try and 6. Willful failure to pay a just debt;
decide cases of impeachment. 7. Borrowing money or property from lawyers
and litigants in a case pending before the
These provisions constitute Congress as the court;
exclusive authority to discipline all impeachable 8. Immorality;
officers for any impeachable offense, including 9. Gross ignorance of the law or procedure;
betrayal of public trust, a catchall phrase2 to cover 10. Partisan political activities; and
any misconduct involving breach of public trust by 11. Alcoholism and/or vicious habits.
an impeachable officer. (A.M. No. 10-7-17-SC − In
the matter of the charges of plagiarism, etc., Against Grio Lending Services v. Sermonia,
Associate Justice Mariano C. Del Castillo) A.M. No. P-03-1757, December 10, 2003
Lower Court Judges and Justices of the Court of While reference to a debt necessarily implies a
Appeals, Sandiganbayan and Court of Tax Appeals transaction that is private and outside of official
transactions, the rules do not thereby intrude into
Proceedings for the discipline of judges of regular
public officials’ private lives; they simply look at
and special courts and Justices of the Court of their actions from the prism of public service and
Appeals and the Sandiganbayan may be instituted: consider these acts unbecoming of a public official.
Less Serious Charges determine, and disqualification from

1. Undue delay in rendering a decision or reinstatement or appointment to any public
order, or in transmitting the records of a office, including government-owned or
case; controlled corporations. Provided, however,
2. Frequently and unjustified absences without that the forfeiture of benefits shall in no case
leave or habitual tardiness; include accrued leave credits;
3. Unauthorized practice of law; 2. Suspension from office without salary and
4. Violation of Supreme Court rules, directives, other benefits for more than three but not
and circulars; exceeding six months; or
5. Receiving additional or double 3. A fine of more than P20,000.00 but not
compensation unless specifically authorized exceeding P40,000.00
by law;
6. Untruthful statements in the certificate of Sanctions for Less Serious Charge
service; and 1. Suspension from office without salary and
7. Simple Misconduct. other benefits for not less than one nor more
than three months; or
Light Charges 2. A fine of more than P10,000.00 but not
1. Vulgar and unbecoming conduct; exceeding P20,000.00.
2. Gambling in public;
3. Fraternizing with lawyers and litigants with Sanctions for Light Charge
pending case/cases in his court; and 1. A fine of not less than P1,000.00 but not
4. Undue delay in the submission of monthly exceeding P10,000.00 and/or
reports. 2. Censure;
3. Reprimand;
Sanctions imposed by the Supreme Court on 4. Admonition with warning. (A.M. 01-8-10-
Erring Members of the Judiciary SC, RULE 140, SEC. 11)
Sanctions for Serious Charge

1. Dismissal from the service, forfeiture of all
or part of the benefits as the Court may
III. PRACTICAL EXERCISES
Republic of the Philippines )

Quezon City ) S.S.
VERIFICATION AND CERTIFICATION OF

NON-FORUM SHOPPING
I, Juan Dela Cruz, of legal age, Filipino, residing at 65 JP Rizal St., Barangay Pinagkaisahan, Makati City,
after having been sworn to in accordance with law, hereby deposes and says that:
1. I am the Petitioner in the above-entitled Petition;
2. I have caused the preparation of the foregoing Petition for Breach of Contract and have read the
allegations contained therein;
3. The allegations in the said Petition for Breach of Contract are true and correct of my own knowledge
and authentic records;
4. I hereby certify that I have not commenced any other action or proceeding involving the same issues in
the Supreme Court, Court of Appeals, or any other tribunal or agency;
5. That if I should thereafter learned that a similar action or proceeding has been filed or is in pending
before the Supreme Court, Court of Appeals, or any other tribunal or agency, I hereby undertake to report the fact
within five (5) days therefrom to the court or agency wherein the original pleading and sworn certification
contemplated herein have been filed;
6. I executed this verification/certification to attest to the truth of the foregoing facts and to comply with
the provisions of the Adm. Circular No. 04-94 of the Honorable Supreme Court.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 23 September 2019 in Quezon City,
Metro Manila, Philippines.
JUAN DELA CRUZ

Affiant
Driver’s License No. N07-12-675456
Expiry Date: 2024/03/25
SUBCRIBED AND SWORN TO before me this 23rd day of September 2019 Quezon City, Metro Manila,
Philippines, affiant exhibiting to me his valid proof of identification.
ATTY. JESUSA SISON-QUE

Notary Public for Quezon City
65 West Plaza, Tandang Sora Ave.,
Quezon City
Commission Serial 54426; Expires 12-31-19
Roll of Attorney No. 17621
IBP No. 87818, 01-21-19, Quezon City
Doc. No. 9;
PTR No. 65617, 01-21-19, Quezon City
Page No. 300; MCLE Compliance No. IV-998678, 05-11-19
Book No. IV Quezon City
Series of 2019.
NOTICE OF HEARING AND EXPLANATION IN MOTIONS
NOTICE
Notice and Copy furnished:
Atty. PEDRO PENDUKO

Counsel for the Defendant
Suite 210 Makati Executive Center
Herrera St., Salcedo Village, Makati City
The undersigned shall submit the foregoing motion for the Court’s resolution on 20 August 2002, Friday,
at 2:00 o’clock in the afternoon.
(or if a non-litigated motion)
Due to the non-litigious character of the foregoing motion, please submit the same to the Court for its
immediate consideration and approval.
EXPLANATION OF SERVICE
A copy of this Motion for Extension was served to the plaintiff’s counsel by registered mail due to time
and distance constraint and for lack of the undersigned’s staff who can serve the same in person.
ATTY. JUAN DE JESUS

Counsel for the Plaintiff
~~ NOTHING FOLLOWS ~~

2019 Preweek

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

2019 Preweek

Uploaded by

Copyright:

Available Formats

S C B A R S T A G N O T E S [ 2019 ] Page 2 of 37

LEGAL AND JUDICIAL ETHICS BRAVO BASTE!

I. LEGAL ETHICS xxx

A. PRACTICE OF LAW (b) A suspended lawyer working as an

2006 BAR QUESTION

2. Proceedings before the Katarungang c. Assure the people of impartiality

Also, according to the Catu Case, they must first

Public Officials Who Cannot Practice Law

NOTE: The lawyer’s oath is not a mere ceremony or

1. Public/Society – He must not undertake any

2012 BAR QUESTION the legal profession. Good moral character is a

Fundamental purposes of the IBP Effect of non-payment of dues

The practice of law is not a vested right but a

criminal action without the consent of opposing 2008 BAR QUESTION

TO THE CLIENTS covered by the lawyer-client privilege. In the first

Seares, Jr. v. Atty. Gonzales-Alzate Exceptions to the rule on conflict of interest:

Hornilla v. Atty. Salunat

The interest of the corporate client is paramount

Fiduciary Relationship complainants and by blatantly refusing to pay the

judicial action only to prevent imposition, injustice or C. SUSPENSION, DISBARMENT, AND

An attorney-client relationship can be created by A lawyer may be disciplined or suspended for

2009 BAR QUESTION f. Willful disobedience of any lawful order of

Term and Jurisdiction Notarial Register

Lingan v. Atty. Calibaquib Sanctions

II. JUDICIAL ETHICS

Less Serious Charges determine, and disqualification from

Sanctions for Serious Charge

III. PRACTICAL EXERCISES

Republic of the Philippines )

VERIFICATION AND CERTIFICATION OF

JUAN DELA CRUZ

ATTY. JESUSA SISON-QUE

NOTICE OF HEARING AND EXPLANATION IN MOTIONS

Atty. PEDRO PENDUKO

(or if a non-litigated motion)

ATTY. JUAN DE JESUS

You might also like