PCU 2018 Legal Ethics Reviewer

Prepared by:
Subject Head: Saturnino Enyaca

Assistant Subject head: Emmanuel Lardizabal
ACADS Head: Malyn Gonzales

Subject Adviser: Atty. Natividad Roma
ACADS Advisers: Atty. Ismael Sarangaya, Jr. and Atty. Jude Itutud
PCU Bar Operations 2018
PRE-WEEK NOTES on LEGAL ETHICS
LEGAL ETHICS advertising and encroachment on their

practice or dealing directly with their
A. PRACTICE OF LAW
clients.
The practice of law is a mere privilege
Elements of the legal profession:
and not a right. The admission of lawyers
and the rules governing the practice of law a. Organization
is a constitutional mandate given to the b. Learning
Supreme Court. c. Spirit of public service
The legal profession is not a business. Factors to be considered if one is

The practice of law includes: the engaged in the Practice of Law
preparation of pleadings, and other papers 1. Habituality
incident to actions and special proceedings; 2. Application of law, legal principles,
conveyancing, the preparation of legal practice or procedure
instruments of all kinds; and the giving of all 3. Compensation
legal advice to clients. 4. Attorney-client relationship
The practice of law is not limited to QUALIFICATIONS FOR ADMISSION TO

appearances in court as a litigator but also THE PRACTICE OF LAW
the work of a corporate lawyer in a. One must be a citizen of the
preparation of documents and the giving of Philippines;
legal advice. (Cayetano v. Monsod, G. R. b. At least 21 years of age;
No. 100113, September 3, 1991, 201 SCRA c. Must be a resident of the
210). Philippines;
d. Must have the necessary academic
Practice of Law Differs from Business requirements; and
Because It Involves: e. Must possess good moral character.
1. A duty of public service, of which the Sec. 2, Rule 138, RoC
emolument is a by-product, and which one Continuing Requirements for the Practice
may attain the highest eminence without of Law
making much money;
1. Payment of Professional Tax;
2. A relation as an “officer of the court” to the
2. Membership in the IBP;
administration of justice involving
3. Payment of IBP dues;
thorough sincerity, integrity, and reliability;
4. Good and regular standing;
3. A relation to the clients in the highest 5. Compliance with the MCLE;
degree of fiduciary; 6. Possession of good moral character;
4. A relation to colleagues characterized by and
candor, fairness, and unwillingness to 7. Citizenship
resort to current business methods of
Philippine Christian University College of Law _2 | P a g e

CONFIDENTIALITY NOTICE: The contents of this document and any attachments herewith are intended solely for the PCU College of Law
Alumni who are taking the bar Examinations this November 2018 and may contain confidential and/or privileged information and may be
legally protected from disclosure.
State Regulation on the Practice of Law must be suspended from the practice of law.
A lawyer suspended from the practice of law (Natanauan v. Atty. Roberto P. Tolentino,
is precluded from applying his knowledge of A.C. No. 4269, 11 October 2016)
law in and out of court while undergoing his
suspension. A suspended lawyer cannot A lawyer cannot be a full-fledged
even appear on behalf of a relative as a member of the bar if he has not signed
“friend” because he would inevitably apply the Roll of Attorneys after taking his
his knowledge of the law (Paguia v. Office Oath as a lawyer. Integrated Bar of the
of the President, 621 SCRA 600). Philippines (Rule 139-A)
Professional Partnership vs. Stock Petitioner Medado passed the bar

examinations in 1979. He took the
Corporation: The practice of law is not a
Attorney’s Oath thereafter, and was
business and lawyers cannot form stock
scheduled to sign the Roll of Attorneys, but
corporations to practice the profession. It is
failed to do so. It was only in 2005 that he
prohibited for lawyers to allow non-lawyers
realized that he did not sign the Roll after
to practice law nor are lawyers allowed to
being asked his Roll number when he
share their legal fees with non-lawyers.
attended his MCLE. Thirty (30) years after
(Ulep v. The Legal Clinic, Inc., Bar Matter
passing the bar, Medado filed a Petition to
No. 550, June 17, 1993)
allow him to sign in the Roll of Attorneys.
Restrictions in the Code of Professional He was found guilty of unauthorized
Responsibility also applies to practice of law. (In re: Petition of Atty.
Government Lawyers: When the Court Medado to sign Roll of Attorneys, B.M. No.
orders a lawyer suspended from the 2540, September 24, 2013)
practice of law, he must desist from Misrepresentation of Civil Status: Good
performing all functions requiring the moral character is required for admission to
application of legal knowledge within the law and misrepresentation about his true
period of suspension. This includes legal status will be a ground for a bar passer
desisting from holding a position in not to take his oath as a lawyer. (Zaguirre v.
government requiring the authority to Castillo, A.C. No. 4921, March 6, 2003)
practice law. (Spouses Eustaquio v. Atty.
Edgar R. Navales, A.C. No. 10465, 8 June Promise to Marry: A bar passer who sired
2016) a child with a public school teacher was not
allowed to take his oath but was allowed to
Lawyers should not engage in fraudulent do so after 18 years based on testimonials
acts: The practice of law is neither a natural of his good moral character.(Barba v. Pedro
nor a constitutional right but a privilege 61 SCRA 484, 1974)
bestowed by the State only upon the
deserving and worthy for conferment of Lack of Academic Credentials: Telesforo
such privilege. Thus, a lawyer who employs A. Diao was not qualified to take the bar
deceit should face the consequences of his examinations; but due to his false
acts in the preparation of legal documents
representations, he was allowed to take it, (Figueroa v. Barranco, SBC Case No. 519,
luckily passed it, and was thereafter 31 July 1997)
admitted to the Bar. Such admission having
been obtained under false pretenses must Proof of Good Moral Character: The
be, and is hereby revoked. The fact that he lawyer's oath is NOT a mere ceremony or
hurdled the Bar examinations is immaterial. formality for practicing law. Every lawyer
Passing such examinations is not the only should at ALL TIMES weigh his actions
qualification to become an attorney-at-law; according to the sworn promises he makes
taking the prescribed courses of legal study when taking the lawyer's oath. If all lawyers
in the regular manner is equally essential. conducted themselves strictly according to
(In the Matter of the Petition for Disbarment the lawyer's oath and the CPR, the
of Telesforo A. Diao, A.C. No. 244, 29 administration of justice will undoubtedly be
March 1963) faster, fairer and easier for everyone
concerned.(Re: Petition of Al Argosino to
Premature Practice of Law: The OBC Take the Lawyer’s Oath, B.M. No. 712, 19
found that respondent appeared before the March 1997)
MBEC as counsel for Bunan in the May
APPEARANCE OF NON-LAWYERS
2001 elections even before he took the
lawyers oath on 22 May 2001. Such a. Law Student Practice Rule:
misconduct casts a serious doubt on his completion of prescribed courses;
moral fitness to be a member of the Bar and supervision of a lawyer in good
is a ground to deny his admission to the standing
practice of law. (Aguirre v. Rana, B.M. No. b. Non-lawyers in courts: small claims
1036, 10 June 2003) cases
c. Non-lawyers in administrative
Liability of Lawyer in Foreign tribunals: HLURB, DENR, DAR,
Jurisdiction: Disciplinary findings against a NLRC, etc.
Filipino lawyer in a foreign jurisdiction can d. Proceedings where lawyers are
be a ground for disbarment proceedings in prohibited from appearing:
the Philippines. (Velez v. Atty. Leonard S. proceedings before the Lupong
de Vera, A.C. No. 6697, 25 July 2006) Tagapamayapa, court-ordered
mediation
Consensual Relationship: Mere intimacy
between a man and a woman, both of SANCTIONS FOR PRACTICE OR
whom possess no impediment to marry, APPEARANCE WITHOUT AUTHORITY
voluntarily carried on and devoid of any
Lawyers without authority: Contempt of
deceit on the part of respondent, is neither
Court
so corrupt nor so unprincipled as to warrant
Persons who are not lawyers: Indirect
the imposition of disciplinary sanction
Contempt
against him, even if as a result of such
relationship a child was born out of wedlock.

LAWYERS WHO REPRESENT THE

PUBLIC OFFICIALS AND THE PRACTICE GOVERNMENT
OF LAW
a. Lawyers tasked to represent
Prohibition / Disqualification of Former government: OSG, Office of the
Government Attorneys: 1-year prohibition Government Corporate Counsel
will apply. (OGCC), lawyers in regular
departments, bureaus, offices, lawyers
Prohibition / Restrictions on Government
in the government financial institutions,
Lawyers:
lawyers in GOCCs, lawyers who serve
Public officials not allowed to practice law: the government’s interest under special
contracts/or engagements, lawyers
Under the Constitution: The President, under the local government units
Vice President, members of the
Constitutional Commissions, members of b. Government lawyers tasked to
the Judiciary, members of the cabinet, their prosecute: Public Prosecutors from
deputies and assistants the DOJ and Office of the Ombudsman
Under Civil Service Rules: government c. Government lawyers who represent

lawyers in government indigent litigants: Public Attorney’s
departments/offices/bureaus, in GOCCs, in Office
government financial institutions and those LAWYER’S OATH (Form 28, RoC)
with local government units
“I, ________________ do solemnly swear
Under Special laws: Governors and
that I will maintain allegiance to the
Mayors (Local Government Code);
Republic of the Philippines;
Solicitors and trial lawyers of the Office of
the Solicitor General, lawyers of the Office I will support its Constitution and obey the
of the Government Corporate Counsel, laws as well as the legal orders of the duly
Government prosecutors under the DOJ constituted authorities therein;
and the Office of the Ombudsman I will do no falsehood, nor consent to the
doing of any in court;
Concept of Limited Practice of Law
I will not wittingly or willingly promote or sue
among public officers: With prior written
any groundless, false or unlawful suit, nor
authorization of the heads of office, some
give aid nor consent to the same;
government lawyers may be authorized to
practice law provided they will not represent I will delay no man for money or malice, and
any party who has an adverse claim against will conduct myself as a lawyer according to
the government. the best of my knowledge and discretion,
with all good fidelity as well to the courts as
to my clients; and

I impose upon myself this voluntary whom he has accused of gross misconduct.
obligation without any mental reservation or Atty. Guico was disbarred for having
purpose of evasion. So help me God.” violated Rules 1.01 and 1.02, Canon I of the
CPR for demanding and receiving P580,
B. CODE OF PROFESSIONAL
000.00 from Chu which constituted an act of
RESPONSIBILITY
extortion to resolve a labor dispute before
Four-Fold Duty of a Lawyer: the NLRC and misrepresentation that he
a. Duty to Society could get a favorable decision which caused
b. Duty to the Legal Profession dishonor to and contempt for the legal
c. Duty to the Courts profession. (Fernando W. Chu v. Atty. Jose
d. Duty to Clients C. Guico, Jr., A.C. No. 10573, January 13,
2015)
1. DUTY TO SOCIETY
Jeopardizing Client’s Life
a) Respect for law and legal processes
The Court disbarred respondent for
CANON 1 - A lawyer shall uphold the jeopardizing the life and liberty of
Constitution, obey the laws of the land and complainant when he made her travel with
promote respect for law and legal spurious documents. Not only are
processes. respondent’s acts illegal, they are also
detestable from the moral point of view. His
Standards of Morality utter lack of moral qualms and scruples is a
A charge of immorality was brought before real threat to the Bar and the administration
the lawyer for having contracted three of justice. (Sebastian v. Atty. Dorotheo
marriages. The lawyer and his female Calis, A.C. No. 5118, 9 September 1999)
lawyer, Atty. Valencia was also disbarred.
(Garrido v. Garrido et. al., 611 SCRA 508, Proposing Wrong Legal Remedy
2010) A lawyer who proposes to his client a
recourse or remedy that is contrary to law,
Good moral conduct requirement has four public policy, public order and public morals,
(4) ostensible purposes, namely: (a) to or that lessens the public confidence in the
protect the public; (b) to protect the public legal system is guilty of gross misconduct,
image of lawyers; (c) to protect prospective and should be suspended from the practice
clients; and (d) to protect errant lawyers of law, or even disbarred. (Gabriela Coronel
from themselves. (Carrie-Anne Reyes v. v. Atty. Nelson A. Cunanan, A.C. No. 6738,
Atty. Ramon Nieva, A.C. No. 8560, 6 12 August 2015 - BERSAMIN)
September 2016)
GROSSLY IMMORAL ACTS
Resort to Bribery
Fernando W. Chu invokes the Court’s
1. Wanton disregard for the sanctity of
disciplinary authority in resolving this
marriage as shown when the lawyer
disbarment complaint against his former
pursued a married woman and
lawyer, respondent Atty. Jose C. Guico, Jr.,

thereafter cohabited with her (Guevarra A lawyer may not be disciplined for failure to
v. Eala, A.C. No. 7136, 2007) pay her obligation (Toledo v. Abalos,
2. Rape of a neighbor’s wife, which 315SCRA 419, 1999), but unwarranted
constitutes serious moral depravity, obstinacy in evading the payment of a debt
even if his guilt was not proved beyond has been considered as a gross
reasonable doubt in the criminal misconduct. (Constantino v. Saludares, 228
SCRA 233, 1993)
3. prosecution for rape (Calub v. Suller,
A.C. No. 1474, 2000)
MORAL TURPITUDE
4. Obtaining money from a client, without Moral turpitude includes everything which is
rendering proper legal services, and done contrary to justice, honesty, modesty,
appropriating the proceeds of the or good morals. It involves an act of
insurance policies of the client’s baseness, vileness, or depravity in the
deceased husband (Freeman v. private duties which a man owed his
Zenaida, A.C. 6246, 2011) fellowmen, or to society in general (Barrios
5. Falsifying documents (Cobalt v. Martinez, A.C. No. 4585, 2004).
Resources, Inc. v Aguardo, A.C. 10781,
Murder, estafa, rape, violation of B.P. Blg.
2016)
22 (Bouncing Checks Law), bribery, bigamy,
6. The issuance of checks without adultery, seduction, abduction, concubinage
sufficient funds to cover the same. (Aca and smuggling are considered crimes
v. Salvado, A.C. No. 10952, 2016) involving moral turpitude.
Issuance of bouncing checks reflects on the
NOT GROSSLY IMMORAL
lawyer’s moral character and he may be
1. Mere intimacy between a man and a disciplined. (Lex Pareto, Bar 2001, 2002)
woman, both of whom possess no BARRATRY OR “MAINTENANCE”
impediment to marry, voluntarily carried The offense of inciting or stirring up
and devoid of deceit on the part of the quarrels, litigation or groundless lawsuits,
respondent, even if a child was born out either at law or otherwise.
of wedlock of such relationship; it may
Other prohibited acts include:
suggest a doubtful moral character but
1. Volunteering advice to bring lawsuits,
not grossly immoral (Figueroa v.
except where ties of blood, relationship
Barranco, SBC Case No. 519, 1997)
or trust make it a duty to do so
2. Stealing a kiss from a client (Advincula 2. Hunting up defects in titles or other
v. Macabata, A.C. No. 7204, 2007) causes of action in order to be
3. Making sexual advances towards a employed to bring suit or breed litigation
client, but stopping right after the client
refused such advances (Roa v Moreno, AMBULANCE-CHASING
A.C. 8382, 2010) Unethical practice of inducing personal
injury victims to bring suits. The practice of
lawyers in frequenting hospitals and homes
of the injured to convince them to go to assistance was suspended by the Supreme

court (Lex Pareto, 2014) Court and reminded lawyers that their
calling cards must only contain their name,
Accident-site solicitation of any kind of legal
fields of practice, contact details and
business by laymen employed by an
nothing more. The prohibition applies to the
attorney for the purpose or by the attorney
non-legal staff in order to curb any abuse of
himself.
the privilege of the law. (Lisangan v.
Supports perjury, the defrauding of innocent Tolentino, A.C. No. 6672, September 4,
persons by judgments, upon manufactured 2009)
causes of actions and the defrauding of
injured persons having proper causes of c) True, honest, fair, dignified and
action but ignorant of legal rights and court objective information on legal services
procedure. CANON 3 – A lawyer in making known his
A lawyer’s conduct of vindictiveness is a legal services shall use only the true,
decidedly undesirable trait especially when honest, fair, dignified and objective
one resort to using the court not to secure information or statement of facts.
justice but merely to exact revenge warrants
The best service of the professional man is
his dismissal from the judiciary. (Saburnido
often rendered for no equivalent or for a
v. Madrono, A.C. No. 4497, 2001)
trifling equivalent and it is his pride to do
Ambulance what he does in a way worthy of his
Barratry profession even if done with no expectation
Chasing
of reward. This spirit of public service in
which the profession of law is and ought to
Refers to personal Refers to any
be exercised is a prerequisite of sound
injury action
administration of justice according to law.
Refers to cases Refers to suits The other two elements of a profession,
brought before before judicial or namely, organization and pursuit of a
judicial bodies non-judicial bodies learned art have their justification in that
they secure and maintain that
spirit.”(Petition For Authority To Continue
b) Efficient and convenient legal services Use Of The Firm Name "Sycip, Salazar,
Feliciano, HERNANDEZ & CASTILLO" AND
CANON 2 - A lawyer shall make his legal IN THE MATTER OF THE PETITION FOR
services available in an efficient and AUTHORITY TO CONTINUE USE OF THE
convenient manner compatible with the FIRM NAME "OZAETA, ROMULO, DE
independence, integrity and effectiveness LEON, MABANTA & REYES." G.R. NO.
of the profession. X92-1. JULY 30, 1979)
A lawyer who allowed his Use of Firm Name
paralegal/secretary to solicit the clients of a Filipino lawyers cannot practice law under
fellow lawyer with a promise of financial the name of a foreign law firm, as the latter
cannot practice law in the Philippines and A lawyer is expected to comply with the
the use of the foreign law firm in the country requirements of the MCLE and to participate
is unethical. (Adriano E. Dacanay v. Baker in the activities of the IBP and other legal
& Mckenzie, ADM. Case No. 2131 MAY 10, professional organizations.
1985)
2. DUTY TO THE LEGAL PROFESSION
If a partner died, and the continued use of
a) Integrated Bar of the Philippines (Rule
the name is desired by the surviving
139-A)
partners, the name of the deceased may
still be used provided, in all communications General Objectives of the IBP:
of the law firm, there is an indication that
said partner is already dead. a. To elevate the standards of the legal
profession;
b. To improve the administration of
d) Participation in the improvement and Justice; and
reforms in the legal system c. To enable the Bar to discharge its
public responsibility more effectively.
CANON 4 – A lawyer shall participate in the
Every member of the IBP shall pay such
development of the legal system by initiating
annual dues as the Board of Governors
or supporting efforts in law reforms and in
shall determine with the approval of the
the improvement of the administration of
Supreme Court. (Sec. 9, Rule 139-A, RoC)
justice.
Default in the payment of annual dues :(
A lawyer is encouraged to participate in the
Sec. 10, Rule 139-A, RoC)
formulation of amendments in the Rules of
Court to improve the administration of a. For 6 months: suspension of
justice. membership in the IBP; and
b. For 1 year: ground for the removal of
A lawyer may attend congressional hearings
the name of the delinquent member
involving changes in substantive laws;
from the roll of attorneys.
creation of new courts; and redefining
jurisdiction of trial and appellate courts. A lawyer can engage in the practice of law
only by paying his dues, and it does not
matter if his practice is “limited.” Moreover,
e) Participation in legal education
senior citizens are not exempted from
program and other related activities
paying membership dues. (Santos v.
CANON 5 – A lawyer shall keep abreast of Llamas, A.C. 4749, 2000)
legal developments; participate in
In a case involving a Filipino lawyer staying
continuing legal education programs,
abroad, the Supreme Court said that there
support efforts to achieve high standards in
is nothing in the law or rules, which allows
law schools as well as in the practical
his exemption from payment of membership
training of law students and assist in
dues. At most, he could have informed the
disseminating the law and jurisprudence.
IBP Secretary of his intention to stay abroad expected of him as a vanguard of the legal
before he left. In such case, his membership profession.”(In Re: Pactolin)
in the IBP could have been terminated and
c) Courtesy, fairness and candor towards
his obligation to pay dues discontinued.
professional colleagues
(Letter of Atty. Arevalo, B.M. 1370, 2005)
b) Upholding the dignity of the legal CANON 8 – A lawyer shall conduct himself
profession with courtesy, fairness and candor towards
his professional colleagues, and shall avoid
CANON 7 – A lawyer shall at all times harassing tactics against opposing counsel.
uphold the integrity and dignity of the legal
Professional Fees not to be shared with
profession and support the activities of the
Non-lawyers
integrated bar.
This disbarment case is hinged on the
A lawyer was disbarred by taking advantage complainant’s demand from respondent
of the lack of knowledge of Philippine laws lawyer to settle money obligations out of
by a foreigner. Atty. Mas drew up a Deed of their business transactions. The first ground
Sale of a property in Subic which is part of he raised involves non-payment of agreed
public domain and therefore outside the fees for every Stay Order obtained from the
commerce of man. (Keld Stemmerik v. Atty. court and 10% commission from every
Leonuel N. Mas, A.C. 8010, June 16, 2009) referral; the second is that the lawyer set up
two financial companies as fronts to solicit
After dismissing Judge Liangco from the
legal services and committing two counts of
bench, the Office of the Court Administrator
bigamy for having married two other women
initiated disbarment proceedings against
while his first marriage was still subsisting.
him for gross ignorance of the law. The S
said: “We are appalled by the respondent’s On the first issue, the Court said that there
ignorance of the basic rules of procedure. is violation where a lawyer shares his fees
His wanton use of court processes in this with a non-lawyer. In this case, complainant
case without regard for the repercussions failed to proffer evidence.
on the rights and property of others clearly
On the issue of solicitation, the Court held
shows his unfitness to remain a member of
that it would appear that there was an
the bar.”(OCA v. Liangco)
attempt to circumvent the prohibition on
“As a rule, this Court exercises the power advertising one’s services; reprimand is the
to disbar with caution. Yet, this Court has proper penalty because there is no
also consistently pronounced that evidence on the prevalence to use the two
disbarment is the appropriate penalty for financial companies to solicit. The Court
conviction by final judgment for a crime reminded lawyer to be clear as to what
involving moral turpitude. His conduct only services they are rendering.
exacerbates his offense and shows that he
On the issue of gross immorality, the
falls short of the exacting standards
belated move of the lawyer to institute civil
actions to annul his marriages will not
exculpate him. The Court held: “respondent Bancolo et al, A. C. No. 9604, March 20,
exhibited a deplorable lack of that degree of 2013)
morality required of him. He made a
While the Supreme Court administers the
mockery of marriage. His acts of committing
examinations for one to practice before the
bigamy twice constituted gross immoral
Shari’ a court, any one admitted is not
conduct and are grounds for disbarment
allowed to use the prefix “ATTY.” unless
under Section 27, Rule 138 of the Revised
he is also a member of the Philippine bar.
Rules of Court.”(Villatuya v. Tabalingcos,
Shari’ a courts have limited jurisdiction
676 SCRA 37, 2012)
particularly on matters related to personal,
d) No assistance in the unauthorized family and property law consistent with the
practice of law provisions of the Constitution and national
laws. (Alawi v. Alauya, A.M. SDC-97-2-P,
CANON 9 – A lawyer shall not, directly or
February 24, 1997)
indirectly, assist in the unauthorized practice
of law. Remedies against Unauthorized Practice
of Law
This case deals with the lawyer’s
commitment to share a portion of his legal 1. Petition for injunction;
fees with a non-lawyer in a case for partition 2. Contempt of court;
of estate which complainant referred to 3. Criminal complaint for estafa against
Pefianco. The lawyer was found guilty of a person who falsely represented
this violation by his admission in a letter he himself to be an attorney to the
wrote to the parties in the partition case. damage of a party;
4. Disqualification and complaints for
On the second charge of abandoning his
disbarment; and
legal wife to cohabit with his mistress with
5. Administrative complaint against the
whom he has four children, the Court that it
erring lawyer or government official.
was a clear “betrayal of the marital vow of
fidelity or sexual relations outside marriage”
and is “considered disgraceful and immoral
3. DUTY TO THE COURTS
as it manifests deliberate disregard of the
sanctity of marriage and marital vows a) Candor, fairness and good faith
protected by the Constitution and affirmed towards the courts
by our laws.”(Tumbokon v. Pefianco, 678
SCRA 60, 2012) CANON 10 – A lawyer owes candor,
fairness and good faith to the court.
A lawyer who allowed his secretary to sign
his pleading in the Office of the Any misconduct on the part of the lawyer
Ombudsman is guilty of violation of Canon not only hurts the client’s cause but is even
9.Only lawyers are allowed to sign more disparaging on the integrity of the
pleadings and the same cannot be legal profession itself. Thus, for tarnishing
delegated. (Tapay et al v. Attys. Charlie L. the reputation of the profession, a lawyer
may still be disciplined notwithstanding the
complainant’s pardon or withdrawal from the CANON 12 – A lawyer shall exert every
case for as long as there is evidence to effort and consider it his duty to assist in the
support any finding of culpability. A case for speedy and efficient administration of
suspension or disbarment may proceed justice.
“regardless of interest or lack of interest of
d) Reliance on merits of his cause and
the complainants, if the facts proven so
avoidance of any impropriety which
warrant.” It follows that the withdrawal of the
tends to influence the appearance of
complainant from the case, or even the filing
influence upon the courts
of an affidavit of desistance, does not
conclude the administrative case against an CANON 13 – A lawyer shall rely upon the
erring lawyer.(Spouses Rogelio Amatorio merits of his cause refrain from any
AND Aida Amatorio v. Atty. Francisco Dy impropriety which tends to influence or
Yap AND Atty. Whelma F. Siton-Yap, A.C. gives the appearance of influencing court.
No. 5914, March 11, 2015)
A lawyer should not take it upon himself to
b) Respect for courts and judicial prepare a draft decision on behalf of a
officers judge. A lawyer should not undermine the
competence of a judge nor perform any act
CANON 11 – A lawyer shall observe and
to dismiss the litigant’s confidence in the
maintain the respect due to the courts and
judiciary. (Lantoria v. Bunyi, A.M. Case No.
to judicial officers and should insist on
1769, June 8, 1992)
similar conduct by others.
The SC cautioned lawyers from attracting
The Supreme Court reminded the faculty
media attention over a pending case. (Cruz
members of the U.P. College of Law to be
v. Salva, G. R. 12871, July 25, 1959, 105
more circumspect with the filing of similar
Phil. 115)
complaint against the members of the
judiciary.(Re: Letter of the U.P. Law Faculty Lawyers as part of free speech may criticize
on Allegations of Plagiarism and decisions of the Court but such post
Misrepresentation of the SUPREME litigation utterances must never be resorted
COURT,A. M. No. 10-10-4-SC, March 8, in order to malign the Court.(In Re: Almacen
2011) G.R. No. L-27654, Feb. 18, 1970)
The Supreme Court exonerated the 4. DUTY TO CLIENTS
respondent for calling the SC justices as a
“court of idiots”. She invoked parliamentary a) Availability of Service without
immunity. (Antero J. Pobre v. Sen. Miriam Discrimination
Defensor-Santiago, A.C. No. 7399, August (i) Services regardless of a person’s
25, 2009) status
c) Assistance in the speedy and efficient CANON 14 – A lawyer shall not refuse his
administration of justice services to the needy.

General Rule: A lawyer is not obliged to act of good repute for probity and ability where
as legal counsel for any person who may there is no lawyer in the jurisdiction.
wish to become his client. He has the right
Considerations in the Appointment of a
to decline employment.
Counsel de officio: (1) gravity of the
Exceptions: offense, (2) difficulty of the issues involved,
and (3)experience and ability of the
1. A lawyer shall not refuse his services
appointee.
to the needy.
He shall not decline to represent a Counsel de parte– a counsel employed or
person solely on account of the latter's retained by the party himself
race, sex, creed or status of life or Amicus Curiae–“friend of the court”; a
because of his own opinion regarding person with strong interest in or views on
the guilt of said person. the subject matter of an action, but not a
2. Neither shall he decline, except for party to the action, may petition the court for
serious and sufficient cause, an permission to file a brief, ostensibly on
appointment as counsel de officio or behalf of a party but actually to suggest a
amicus curiae or a request from the rationale consistent with its own views.
IBP or any of its chapters for rendition
of free legal aid; and Amici par Excellence–bar associations
which appear in court as friends to expound
3. He shall not decline, except for serious
in some matters of law for the information of
and sufficient cause, such as:
the court.
a. If he is not in a position to carry out
the work effectively or competently; (iii)Valid grounds for refusal:
and
a. Where engagement may result into
b. If he labors under a conflict of
conflict of interest;
interest between him and the
prospective client or between a b. When the lawyer is unable to
present client and the prospective represent a party due to pressing
client. professional matters that need his
attention
(ii) Services as counsel de officio c. When what the client wishes to
Counsel de officio– a counsel, appointed undertake is patently illegal;
or assigned by the court, from among such d. When the client agrees in writing to
members of the bar in good standing, who, retire his representation; or
by reason of their experience and ability, e. Where after due notice and hearing,
may adequately defend the accused. the court allows the counsel to
Who may be appointed as counsel de withdraw his appearance in an action
officio: Lawyer in good standing; or any or special proceeding;
person who reside where the case is filed, f. Other similar grounds.

4. The client must intend the

communication be confidential;
b) Candor, fairness and loyalty to clients
Persons Entitled to Privilege
CANON 15 -A lawyer shall observe candor,
fairness and loyalty in all his dealings and 1. The lawyer, client, and third persons
transactions with his clients. who by reason of their work have
acquired information about the case
Confidentiality Rule
being handled, including:
Confidential Communication –
a. Attorney’s secretary, stenographer
information transmitted voluntary act of
and clerk;
disclosure between attorney and client in
b. Interpreter, messengers, or agents
confidence and by means which so far as
transmitting communication;
the client is aware, discloses the information
c. Accountant, scientist, physician,
to no third person other than one
engineer who has been hired for
reasonably necessary for the transmission
effective consultation;
of the information or the accomplishment of
2. Assignee of the client’s interest as
the purpose for which it was given.
far as the communication affects the
Privileged communications realization of the assigned interest.
Ratio: to make the prospective client free to
The confidences and disclosures made by a
discuss whatever he wishes with the lawyer
client to counsel cannot be revealed to
without fear that what he tells the lawyer will
another party except in the following
not be divulged nor used against him, and
instances:
for the lawyer to be equally free to obtain
information from the prospective client. a. Where there is a dispute between the
client and lawyer on the matter of
Requisites:
professional fees;
1. The person to whom the information b. Where a client discloses to the lawyer
is given is a lawyer. that he is about to commit a crime;
However, if a person is pretending to and
be a lawyer and client discloses
c. Where the testimony of counsel is
confidential communications, the
material to a pending case provided
attorney-client privilege applies;
counsel obtains the consent of his
2. There is a legal relationship existing,
client on the matter in issue.
except in cases of prospective
clients; As a matter of public policy, a client’s
3. Legal advice must be sought from identity should not be shrouded in
the attorney in his professional mystery. Thus, the lawyer may not invoke
capacity with respect to the privilege and refuse to divulge the name
communications relation to that or identity of his client.
purpose; and Exceptions: Client identity is privileged in
the following instances:
1. Where a strong probability exists that A lawyer may only be allowed to represent a
revealing the client’s name would client involving the same or a substantially
implicate that client in the very activity related matter that is materially adverse to
for which he sought the lawyer’s advice; the former client only if the former client
2. Where disclosure would open the client consents to it after consultation.
to civil liability; Throughout the course of a lawyer-client
Where the government’s lawyers have no relationship, the lawyer learns all the facts
case against an attorney’s client unless, by connected with the client’s case, including
revealing the client’s name, the said name the weak and strong points of the case.
would furnish the only link that would form Knowledge and information gathered in the
the chain of testimony necessary to convict course of the relationship must be treated
an individual of a crime. (Regala v. as sacred and guarded with care and to
Sandiganbayan, 1996) avoid the appearance of treachery and
double-dealing.
Tests to Determine Conflicting Interests:
The IBP found that complainant was indeed
1. Whether the acceptance of a new represented in the labor cases by the
relation will prevent an attorney from the respondents acting together as a law firm
full discharge of his duty of undivided and not solely by Atty. Dionela.
fidelity and loyalty to his client or invite Consequently, there was a conflict of
suspicion of unfaithfulness or double- interest in this case, as respondents,
dealing in its performance. through Atty. Penalosa, having been
2. If the acceptance of the new retainer will retained by FEVE Farms, created a
require the attorney to perform an act connection that would injure complainant in
which will injuriously affect his first client the qualified theft case.(Wilfredo Anglo, v.
in any matter in which he represented Atty. Jose Ma. V. Valencia, et al. A.C. No.
him and also whether he will be called 10567, February 25, 2015)
upon in his new relation to use against
A lawyer who acted as a retained counsel of
the first client any knowledge acquired
a company was disbarred for also rendering
through their connection;
advice to the creditors of the company. The
3. Whether or not in behalf of one client, it Supreme Court reminded lawyers to avoid
is the lawyer’s duty to fight for an issue at all times any occasion where they will
or claim, but it is his duty to oppose it for represent two adverse interests.(Pacana v.
the other client; Pascual-López, A.C. NO. 8243, July 24,
4. Whether the lawyer will be asked to use 2009)
against his former client any confidential
information acquired through their CANON 21 – A lawyer shall preserve the
connection or previous employment. confidence and secrets of his client even
after the attorney-client relation is
terminated.

Effect of Termination and he did not also apprise complainant of

The termination of attorney-client relation the status of the cases. Atty. Alcid, Jr. is not
provides no justification for a lawyer to only guilty of incompetence in handling the
represent an interest adverse to or in cases. His lack of professionalism in dealing
conflict with that of the former client. As with complainant is gross and inexcusable.
such, a lawyer is prohibited from The legal profession dictates that it is not a
representing new clients whose interests mere duty, but an obligation, of a lawyer to
oppose those of a former client in any accord the highest degree of fidelity, zeal
manner, whether or not they are parties in and fervor in the protection of the client’s
the same action or on totally unrelated interest. (Julian Penilla v. Atty. Quintin P.
cases. The prohibition is founded on the Alcid, Jr., A.C. No. 9149, September 4,
principles of public policy and good taste. 2013)
(iv) Candid and honest advice to (v) Compliance with Laws
clients: Give a fair assessment of the
case referral. It is the duty of an attorney to counsel or
maintain such actions or proceedings only
A PAO lawyer advised her clients – “Iyak- as appear to him to be just, and such
iyakan lang ninyo si Judge Martin at defenses only as he believes to be honestly
palalayain na kayo. Malambot ang puso debatable under the law (Sec. 20(c), Rule
noon. A complaint was lodged against her 138, RoC).
for violation of the attorney’s oath, deceit,
A lawyer is required to represent his client
malpractice or other gross misconduct in
within the bounds of law. He is enjoined to
office under Section 27, Rule 138 of the
employ only fair and honest means to attain
Revised Rules of Court. The Supreme
the lawful objectives of his client and not to
Court held that Atty. Mendoza made
allow his client to dictate the procedure in
irresponsible advices to her clients in
handling the case.
violation of Rule 1.02 and Rule 15.07 of the
CPR. (Edgardo Areola v. Atty. Maria Vilma A lawyer appears in court in representation
Mendoza, A.C. No. 10135, January 15, of his client not only as an advocate but also
2014) as an officer of the court. To permit lawyers
to resort to unscrupulous practices for the
The Court held that Atty. Alcid, Jr. violated
protection of the supposed rights of their
Canon 18 Rules 18.03 and 18.04 of the
clients is to defeat the administration of
CPR when he filed a criminal case for
justice.
estafa when the facts of the case would
have warranted the filing of a civil case for Lawyer in Pyramiding Scam
breach of contract; when the case was Respondent lawyer introduced himself as
dismissed, he committed another similar Manager of Wealth Marketing and General
blunder by filing a civil case for specific Services Corp. and for an investment of
performance and damages before the RTC, P100, 000; one is guaranteed a “stop-loan
when he should have filed it with the MTC; mechanism”.

Despite all the assurances, respondent Any scheme which has the effect of
failed to meet the obligations to its circumventing the law comes within the
investors. Lawyer was ordered disbarred by prohibition.
the Supreme Court.
INSTANCES WHEN PROHIBITION IN
(Catherine & Henry Yu v. Palaña, A.C. No.
ART. 1491,CIVIL CODE APPLIES:
7747, July 14, 2008)
(vi) Concurrent Practice of Profession 1. Even if the purchase or lease of the
property in litigation is in favor of a
If lawyer has another profession other than partnership, of which counsel is a
his admission to the practice of law, he must partner(Mananquil v. Villegas, A.C. No.
disclose to his client what profession is 2430, 1990)
involved in the course of his engagement. 2. If the purchase is made by the wife of
He must pay the corresponding PTR(s) for the attorney (In Re: Calderon, G.R. No.
the professions he practices to enjoy the L-2409, 1907)
privilege. 3. Mortgage of property in litigation to the
lawyer. In this case, acquisition is
c) Client’s moneys and properties merely postponed until foreclosure but
CANON 16 - A lawyer shall hold in trust all effect is the same. It also includes
moneys and properties of his client that may assignment of property (Ordonio v.
come into his possession. Eduarte, A.M. No. 3216, 1992)
The purchase by a lawyer of the property in
Article 1491(5), New Civil Code covers the
litigation from his client is void and could
prohibition against lawyers to participate in
produce no legal effect (Art. 1409(7), Civil
any public or judicial auction of a property or
Code)
rights where his professional services were
engaged. INSTANCES WHEN PROHIBITION IN
ART. 1491DOES NOT APPLY:
Requisites:
1. There is an attorney-client relationship; 1. When the attorney is not a counsel in
2. The property or interest of the client is in the case involving the same property at
litigation; the time of acquisition;
3. The attorney takes part as counsel in 2. When purchaser is a corporation, even if
the case; the attorney was an officer (Tuason
v.Tuason, G.R. No. L-3404, 1951)
4. The attorney purchases or acquires the
property or right, by himself or through When sale takes place after termination
another, during the pendency of of litigation, except if there was fraud or
litigation (Laig v. CA, G.R. No. L-26882, use/abuse of confidential information or
1978) where lawyer exercised undue
influence;

3. Where property in question is stipulated relationship, the client is entitled to the

as part of attorney’s fees, provided that, periodic and full updates from the lawyer on
the same is contingent upon the the developments of the case.
favorable outcome of litigation and, (Angelito Ramiscal and Mercedes Orzame
provided further, that the fee must be vs. Atty. Edgar S. Orro, A.C. No. 10945, 23
reasonable. February 2016, J. Bersamin)
(i) Fiduciary relationship Purpose of Professional Fees
Lawyers are bound to promptly account for In her complaint, complainant alleged that
money or property received in the course of on March 1, 2000, she engaged the
his engagement as counsel. services of respondent for the purpose of
titling and/or reconstituting the titles to the
Even if a lawyer has a lien for fees, he is real estate properties of the late Bernabe
bound to turnover any property or money Olayta, situated in the Municipalities of
received on behalf of his client. Camalig and Guinobatan, both in the
The turnover of money or property to his province of Albay. In connection therewith,
client is subject to lawyer’s lien. she claimed to have given the aggregate
amount of P112, 499.55to Atty. Sy Bongon.
Fiduciary Duty
Complainants Spouses Angelito Ramiscal Jurisprudence provides that in similar cases
and Mercedes Orzame engaged the legal where lawyers neglected their client’s affairs
services of respondent Atty. Edgar S. Orro and, at the same time, failed to return the
to defend them in a case seeking the latter’s money and/or property despite
declaration of the nullity of title to a parcel of demand, the Court imposed upon them the
land situated in the Province of Isabela. penalty of suspension from the practice of
law. Taking into consideration respondent’s
RTC decided in favor of complainants but advanced age, medical condition, and the
the case was appealed. Respondent asked fact that this is his first offense, the Court
for additional money to file the appellate finds it appropriate to sustain the
brief but failed to file it. recommended penalty of suspension from
the practice of law for a period of one (1)
The decision attained finality, eventually
month.
resulting in the loss of their property
(Shirley Olayta-Camba v. Atty. Otilio Sy
measuring 8.479 hectares with a probable
Bongon, A.C. No. 8826, March 25, 2015)
worth of P3,391,600.00
For her failure to turn over to her clients the
The lawyer was found to have contravened
just compensation in an expropriation case,
the CPR, particularly its Canon 17, and
the Supreme Court suspended the
Rules 18.03 and 18.04 of Canon 18.
respondent lawyer for a period of two years.
The Court suspended respondent for two (Bayonla et al v. Atty. Purita A. Reyes, A. C.
years from the practice of law. It said that as No. 4808, November 22, 2011)
an essential part of their highly fiduciary

SC disbarred respondent-lawyer for reposed in him by the client (Jinon v. Jiz,

employing deceit to personally gain from the A.C. No. 9615, 2013)
proceeds of the insurance claims and
An attorney has a lien upon the funds
retirement benefits of the deceased British
documents and papers of his client which
spouse of the complainant.(Freeman v. Atty.
have lawfully come into his possession and
Zenaida P. Reyes, A. C. No. 6246,
may retain the same until his lawful fees
November 15, 2011)
and disbursements have been paid and
(ii) Co-mingling of funds: A lawyer may apply such funds to the satisfaction
should not commingle a client’s money with thereof. (Sec. 37, Rule 138, RoC)
that of other clients and with his private
However, a lawyer is not entitled to
funds, nor use the client’s money for his
unilaterally appropriate his client’s money
personal purposes without the client’s
for himself by the mere fact alone that the
consent.
client owes him attorney’s fees. The fact
(iii) Delivery of funds: A lawyer must alone that a lawyer has a lien for fees on
promptly surrender to his client and/ or moneys in his hands collected for his client
account for any money received by way of a does not relieve him of his duty to promptly
money judgment or proceeds from a account for the moneys received; his failure
transaction he handled in the course of his to do so constitutes professional misconduct
engagement. (Rayos v. Hernandez,G. R. 169079, 2007).
When an attorney unjustly retains in his (iv) Borrowing or lending: A lawyer must
hands money of his client after it has been refrain from borrowing money from his
demanded, he may be punished for client. All costs of litigation must be borne
contempt as an officer of the Court who has by the client.
misbehaved in his official transactions; but
The profession demands of an attorney an
proceedings under this Sec. 25, Rule 138,
absolute abdication of every personal
RoC shall not be a bar to criminal
advantage conflicting in any way, directly or
prosecution.
indirectly, with the interest of his client
Money collected by a lawyer in pursuance (Barnachea v. Quiocho, A.C. No. 5925,
of a judgment in favor of his clients is held in 2003)
trust and must be immediately turned over
The rule presumes that the client is
to them (Busiños v. Ricafort, A.C. No. 4349,
disadvantaged by the lawyer’s ability to use
1997)
all the legal maneuverings to renege on his
The failure of an attorney to return the obligation (Frias v. Lozada, 2005)
client’s money upon demand gives rise to A lawyer who borrows jewelry from his client
the presumption that he has in order to obtain and appropriate for
misappropriated it for his own use to the himself
prejudice of and in violation of the trust the proceeds from a pledge is liable under
this
canon. (Paula T. Yu vs. Atty. Berlin R. Dela primary consideration of lawyers, who must
Cruz, A.C. No. 10912, 19 January 2016) subordinate their personal interests or what
they owe to themselves. Lawyering is not
d) Fidelity to client’s cause
primarily meant to be a money-making
CANON 17 – A lawyer owes fidelity to the venture, and law advocacy is not a capital
cause of his client and shall be mindful of that necessarily yields profits. (Stephan
the trust and confidence reposed in him. Brunet and Virginia Romanillo Brunet v.
Atty. Ronald L. Guaren, A.C. No. 10164,
Once a lawyer takes up the cause of his March 10, 2014)
client, he is duty bound to serve his client
with competence, and to attend to his e) Competence and Diligence
client’s cause with diligence, care and
CANON 18 – A lawyer shall serve his client
devotion regardless of whether he accepts it
with competence and diligence.
for a fee or for free.
Diligence Required: A lawyer is not
He owes fidelity to such cause and must
required to exercise extraordinary diligence.
always be mindful of the trust and
What is expected of him is to exercise
confidence reposed on him. For his failure
ordinary diligence or that reasonable degree
to promptly file a pleading he already signed
of care and skill having reference to the
on the ground that his client did not send
character of the referral as any other
the filing fees and 30% of his professional
member of the bar similarly situated
fees, the Supreme Court was suspended for
commonly possesses and exercises.
three months The Court said that this act
(Pajarillo v. WCC, 1980)
exhibited his lack of
professionalism. (Ermelinda Lad vda. De In a June 3, 2013 case, the Supreme Court
Dominguez, represented by her Attorney-in- reiterated that the Attorney’s negligence to
Fact, Vicente A. Pichon v. Atty. Arnulfo M. file an appellate brief and his failure to
Agleron Sr., A.C. No. 5359, March 10, inform the client that the case was
2014) dismissed because of his negligence is
guilty of violating Canon 18.
For having violated Canons 17 and 18 of
the CPR, Atty. Guaren was suspended from Similarly, a lawyer who falsifies the date of
the practice of law for six months. Despite receipt of the decision to make it appear
acceptance of the amount of P7, 000.00 for that the time was filed within the prescriptive
the titling of complainants’ lot, he failed to period is also guilty of negligence and was
perform his obligation and allowing 5 years slapped with a monetary fine. (Carlito P.
to elapse without any progress on the Carandang v. Atty. Gilbert S. Obmina, A. C.
referral. No. 7813, Apr. 21, 2009)
SC reiterated that the practice of law is not
(i) Adequate protection: A lawyer must
a business and it reminded lawyers that the
ensure the appropriate legal reliefs for his
duty to public service and to the
client.
administration of justice should be the
A lawyer should safeguard his client’s rights 4. Failure to file briefs within the
and interests by thorough study and reglementary period;
preparation, mastering applicable law and 5. Failure to attend a trial without filing a
facts involved in a case, and keeping motion for postponement or without
constantly abreast of the latest requesting either of his two partners in
jurisprudence and developments in all the law office to take his place and
branches of the law. appear for the defendants;
A lawyer should give adequate attention, 6. Failure to appear at pre-trial;
care and time to his cases. This is the 7. Failure of counsel to notify clients of the
reason why a practicing lawyer should scheduled trial which prevented the
accept only so many cases he can handle. latter to look for another lawyer to
represent them while counsel was in the
(ii) Negligence: hospital;
General rule: A client is bound by the 8. Failure to appear simply because the
attorney’s conduct, negligence and mistake client did not go to counsel’s office on
in handling the case or in management of the date of the trial as was agreed upon;
litigation and in procedural technique, and 9. Failure to pay the appellate docket fee
he cannot be heard to complain that result after receiving the amount for the
might have been different had his lawyer purpose;
proceeded differently. 10. Failure to file a Motion for
Exceptions: He is not so bound where the Reconsideration and to update clients of
ignorance, incompetence or inexperience of the adverse result of a case;
lawyer is so great and error so serious that 11. Withdrawing from a case without the
the client, who has good cause, is proper motion and without informing the
prejudiced and denied a day in court. client.
EXAMPLES OF LAWYER’S (iii) Collaborating Counsel: With the

NEGLIGENCE: consent of the client, a collaborating
1. Failure of counsel to ask for additional counsel may participate in an on-going
time to answer a complaint resulting in a case.
default judgment against his client; When a lawyer accepts a case, whether
2. Failure to bring suit immediately, as for a fee or not, his acceptance is an
when it was filed when the defendant implied
had already become insolvent and representation:
recovery could no longer be had;
1. That he possesses the requisite degree
3. Failure to ascertain date of receipt from of academic learning, skill and ability
post office of notice of decision necessary in the practice of his
resulting in the non-perfection of the profession;
appellant’s appeal;
2. That he will exert his best judgment in seek to mislead the judge or any judicial
the prosecution or defense of the officer by an artifice or false statement of
litigation entrusted to him; fact or law (Sec. 20(d), Rule138, RoC).
3. That he will exercise ordinary diligence A lawyer should not file or threaten to file
or that reasonable degree of care and any unfounded or baseless criminal case or
skill demanded of the business he cases against the adversaries of his client
undertakes to do, to protect the client’s designed to secure leverage to compel
interests and take all steps or do all acts adversaries to yield or withdraw their own
necessary thereof ; and cases against the lawyer’s client.
4. That he will take steps as will
adequately safeguard his client’s (ii) Client’s fraud: A lawyer must not
interests condone any illegal acts of his client. Rule
Some cases involve specialized fields of law 19.02 merely requires the lawyer to
and require special training of which a terminate his relationship with the client in
lawyer the event the latter fails or refuses to rectify
may not be knowledgeable. In such a case, the fraud.
he
should follow this rule (iii) Procedure in handling the case: The
lawyer’s acceptance and the limits of the
(iv) Duty to apprise client: The lawyer engagement of his services must be made
must inform the client of the status of the clear at the commencement of the lawyer-
case. client relationship.
The relationship of lawyer-client being one A client is entitled to the benefit of any and
of confidence, there is ever present the every remedy and defense authorized by
need for the lawyer to inform timely and law, and is expected to rely on the lawyer to
adequately the client of important assert such right or defense. (Garcia v.
developments affecting the client’s case. Bala, 2005)
f) Representation with zeal within legal SC held administrative complaints against
bounds justices cannot and should not substitute for
appeal and other judicial remedies against
CANON 19 – A lawyer shall represent his
an assailed decision or ruling. While a
client with zeal within the bounds of the law.
lawyer has a duty to represent his client with
(i) Use of fair and honest means: A zeal, he must do so within the bounds
lawyer must only employ such legal strategy provided by law. (Re: Verified Complaint of
allowed by the circumstances. Tomas S. Merdegia against Hon. Vicente
S.E. Veloso, etc./Re: Resolution dated
It is the duty of an attorney to employ, for October 8, 2013 in OCA IPI No. 12-205-CA-
the purpose of maintaining the causes J against Atty. Homobono Adaza II, IPI No.
confided to him, such means only as are 12-205-CA-J/A.C. No. 10300, December 10,
consistent with truth and honor, and never 2013)
Lawyer was disbarred for stretching for

An agreement in
almost 49 years a case involving a probate
which the lawyer’s
of a will from which more than other ten fee, usually a fixed
criminal and civil suits were instituted. percentage of what
(Dimagiba v. Montalvo, Jr. A.C. No. 1424, may be recovered
October 15, 1991) in the action, is
One where the
made to depend
SC suspended a lawyer for six months for lawyer stipulates
upon the success
using harassing tactics to harass a party with his client that
in the effort to
from him his client wanted to obtain child he will bear all the
enforce or defend a
support. (Ong v. Unto, A.C. No. 2417, expenses for the
client’s right. The
February 6, 2003) prosecution of the
lawyer does not
case, the recovery
undertake to
g) Attorney’s fees of things or
shoulder the
property being
expenses of
CANON 20 – A lawyer shall charge only fair claimed, and the
litigation.
and reasonable fees. latter pays only
upon successful
Attorney’s Liens ligation.
A charging lien is the right which the The lawyer gets
attorney has upon all judgments for reimbursed for the
payment of money, and executions in advances made for
This contract is
the client in the
pursuance of such judgments, obtained in VOID for being
course of
favor of the client, to secure reimbursement against public
representation,
for advances made and payment of policy.
whether he wins
attorney’s fees. the suit or not.
The Court said under Section 26, Rule 138
of the Rules of Court allows an attorney to
intervene in a case to protect his rights It is a VALID
concerning the payment of his agreement.
compensation. The court may, at its
discretion, allow the lawyer to have a lien
upon all judgments for the payment of Retaining Charging
money rendered in a case in which his Lien Lien
services have been retained by the client.
(Conchita Baltazar, et al. v. Atty. Juan B. Passive lien. Active lien.
Bañez, Jr., A.C. No. 9091, December 11,
It cannot be It can be enforced
2013)
actively enforced. It by execution. It is a
Champertous Contingent is a general lien. special lien.
Contract Contract Based on lawful Based on securing

possession of of a favorable
funds, papers, money judgment Some Instances of Recovery of

documents, for client Attorney’s Fees on the Basis of Quantum
property belonging Meruit
to client
1. When, for justifiable cause the lawyer
Covers only funds, Covers all was not able to finish the case;
papers, documents, judgment for the 2. When although there is a formal
and property in the payment of money contract for attorney’s fees, the fees
lawful possession and executions stipulated are found unconscionable;
of the attorney by issued in
reason of his pursuance of such 3. There is no express contract for
professional judgment payment of attorney’s fees agreed upon
employment between the lawyer and the client;
4. When the lawyer and the client
Takes effect as Takes effect as disregarded the contract for fees;
soon as the lawyer soon as the claim
gets possession of for attorney’s fees 5. When the client dismissed his counsel
the funds, papers, had been entered before the termination of the case; and
documents, into the records of 6. When the contract for attorney’s fees is
property the case void due to purely formal defects of
execution.
May be exercised Generally, it is
before judgment or exercisable only
Quantum Meruit Guidelines
execution, or when the attorney
regardless thereof had already 1. Time spent and extent of the services
secured a favorable rendered;
judgment for his
client 2. Nature and importance of subject
matter;
Client need not be Client and adverse 3. Novelty and difficulty of question;
notified to make it party need to be 4. Skill demanded of the lawyer;
effective notified to make it
effective 5. Loss of opportunity for other
employment on the part of the lawyer
who accepts the retainer;
Quantum Meruit (“as much as the lawyer 6. Results secured;
deserves”) 7. Whether the fee is contingent; and
It is a device to prevent undue enrichment 8. Capacity of client to pay.
based on the equitable postulate that it is
unjust for a person to retain benefit without (v) Concepts of Attorney’s Fees
paying for it.
Ordinary Extraordinary
Concept
Concept

him by a client when the latter is about to

It is the reasonable It is an indemnity
commit a crime or when there is a dispute
compensation paid for damages
to the lawyer for the ordered by the between the lawyer and his client and the
legal services he court to be paid by information is vital in the defense of the
had rendered in the losing party to lawyer.
favor of his client. the prevailing party
in litigation. Withdrawal of Services
CANON 22 – A lawyer shall withdraw his
Paid to the Lawyer General Rule: Paid
to the Client services only for good cause and upon
notice appropriate in the circumstances.
Exception: Paid to
the Lawyer when Grounds for Termination of Lawyer-
there is an Client Relationship
agreement that the
award shall pertain 1. Withdrawal of Lawyer
to the lawyer as an 2. Death of Lawyer
additional 3. Disbarment or Suspension of Lawyer
compensation or as 4. Declaration of Presumptive Death of
part thereof the Lawyer
5. Conviction of a Crime or Imprisonment
Based on the fact Based on any of of the Lawyer
of employment by the cases 6. Discharge or dismissal of the lawyer
the client authorized by law by the client
7. Appointment or Election of a Lawyer to
a Government Position which Prohibits
Judicial Actions to Recover Attorney’s Private Practice of Law
Fees 8. Death of the Client
1. An appropriate motion or petition as an 9. Intervening Incapacity or
incident in the main action where he Incompetence of the Client during the
rendered legal services; Pendency of the Case
10. Full termination of the Case
2. A separate civil action for collection of
attorney’s fees. Rules Governing Termination of
h) Preservation of client’s confidences Professional Services of Lawyer
(i) Prohibited disclosures and use General Rule: The client has the right to
discharge his attorney at any time with or
(ii) Disclosures, when allowed without just cause or even against the
The disclosures made a client to a lawyer consent of the lawyer.
are covered by the privileged Exceptions:
communications rule. The lawyer may,
however, disclose information relayed to

1. The client cannot deprive his counsel of interest of the complainant. What matters is
his right to be paid services if the whether, on the basis of the facts borne out
dismissal is without cause. by the record, the charge of deceit and
2. The client cannot discharge his counsel grossly immoral conduct has been proven.
as an excuse to secure repeated This rule is premised on the nature of
extensions of time. disciplinary proceedings. (Spouses Willie
3. Notice of discharge is required from and Amelia Umaguin, v. Atty. Wallen R. De
both court and the adverse party. Vera, A.C. No.10451, February 04, 2015)
A proceeding for suspension or disbarment
is not a civil action where the complainant is
C.SUSPENSION, DISBARMENT AND
a plaintiff and the respondent lawyer is a
DISCIPLINE OF LAWYERS
defendant. Disciplinary proceedings involve
Nature and characteristics of disciplinary no private interest and afford no redress for
actions against lawyers private grievance. They are undertaken and
prosecuted solely for the public welfare.
Sui generis: A class of its own, does not They are undertaken for the purpose of
need proof beyond reasonable doubt; may preserving courts of justice from the official
proceed despite separate criminal action administration of persons unfit to practice in
against a lawyer. them
Prescription: A disbarment proceeding is
imprescriptible; all proceedings are strictly
confidential; may proceed despite The Rules of Court under Rule 138, Section
withdrawal of the complaint. 21 provides for a presumption of a lawyer’s
appearance on behalf of his client, hence:
Grounds for Disbarment or Suspension “SEC. 21. Authority of attorney to appear –
1. Deceit, malpractice or other gross An attorney is presumed to be properly
misconduct in office; authorized to represent any cause in which
he appears, and no written power of
2. Gross misconduct;
attorney is required to authorize him to
3. Conviction of a crime involving moral appear in court for his client, but the
turpitude; presiding judge may, on motion of either
4. Any violation of the lawyer’s oath; party and on reasonable grounds there for
5. Wilful disobedience of any lawful order being shown, require any attorney who
of a superior court; assumes the right to appear in a case to
produce or prove the authority under which
6. Corruptly or wilfully appearing as an
he appears, and to disclose, whenever
attorney without authority so to do.
pertinent to any issue, the name of the
person who employed him, and may
A case of suspension or disbarment may thereupon make such order as justice
proceed regardless of interest or lack of requires. (Dr. Domiciano F. Villahermosa,

Sr. v. Atty. Isidro L. Caracol, A.C. No. 7325, No Motion for Reconsideration is allowed
January 21, 2015) before the Commissioner
Motion for Reconsideration before the
Board of Governors is allowed.
Disbarment Proceedings
Institution either by: Discipline of Filipino lawyers practicing

(a) The Supreme Court, motu proprio, or abroad
(b) The IBP Board of Governors, motu proprio or upon A decision in a disciplinary action against a
referral by the Supreme Court or by a Chapter Board of Filipino lawyer practicing abroad may also
Officers or
be a basis for a disbarment proceeding
(c) Upon verified complaint by any person
against the same lawyer in the Philippines.
A finding of fact by the California State Bar
can be a basis of an administrative
6 copies of the verified complaint shall be filed with the complaint against a Filipino lawyer before
Secretary of the IBP or Secretary of any of its chapter
and shall be forwarded to the IBP Board of Governors the IBP. (Velez v. De Vera, 496 SCRA 345,
2006)
D. READMISSION TO THE PRACTICE OF

investigation by the National Grievance Investigators LAW
LAWYERS WHO HAVE BEEN
SUSPENDED
Submission of the investigative report to the IBP Board

Guidelines in Lifting of Suspension
of Governors
i. File a Sworn Statement with the Office
of the Bar confidant that the respondent
lawyer has served the period of
suspension stating that he/she desisted
Board of Governors decides within 30 days and from the practice of law and never
transmits decision to the SC within 10 days from appeared in any court during the period
resolution
of suspension.
ii. Copies of the Sworn Statement must
be furnished the chapter of which the
respondent lawyer is a member and the
SC renders final decision for disbarment / suspension /
dismissal. Executive Judges of the Regional Trial
Courts and first level courts where
respondent lawyer has pending cases.

iii. If satisfied, the Court will lift the order of 2. Sufficient time must have lapsed from
suspension and reinstate the erring the imposition of the penalty to ensure
lawyer. period of reformation;
LAWYERS WHO HAVE 3. The age of the person asking for
BEENDISBARRED clemency must show that he still has
productive years ahead of him that can
Considerations for Reinstatement
be put to good use by giving him a
1. The applicant’s character and standing chance to redeem himself;
prior to disbarment; 4. There must be a showing of promise
2. The nature or character of the (e.g., intellectual aptitude, contribution to
misconduct for which he is disbarred; legal scholarship), and potential for
3. His conduct subsequent to disbarment; public service;
4. His efficient government service; 5. Other relevant factors to justify

clemency.
5. The time that has elapsed between
disbarment and the application for The quantum of evidence necessary for
reinstatement and the circumstances reinstatement is the same as that for
that he has been sufficiently punished admission to the bar, except that the court,
and disciplined; when circumstances so warrant, may
6. Applicant’s appreciation of significance require an applicant to present additional
of his dereliction and his assurance that proof of his
he now possesses the requisite probity qualifications.
and integrity; A lawyer who leaked the bar questions in
7. Favorable endorsement of the IBP and Mercantile Law prepared by a founding
local government officials and citizens partner in his law firm was reinstated upon
of his community, pleas of his loved proof of good moral character during his
ones. period of suspension. (Re: 2003 Bar
The sole objective is to determine whether Examinations (Atty. Danilo de Guzman, 586
or SCRA 372)
not the applicant has satisfied and
LAWYERS WHO HAVE BEEN
convinced
REPATRIATED
the court by positive evidence that the effort
he has made toward the rehabilitation of his
Lawyers who reacquire their Philippine
character has been successful.
citizenship should apply to the Supreme
Guidelines in resolving requests for Court for license or permit to practice their
judicial clemency of disbarred lawyers profession. (Sec. 5(4), RA 9225)
1. There must be proof of remorse and

reformation. These include testimonials
of credible institutions and personalities;

Resumption to Practice of a Balikbayan the Chairman, with the following as

Lawyer, Requisites: members: an incumbent dean of a
recognized law school, a representative
a. Updating and full payment of all IBP
from a designated law center, the
membership dues;
Chancellor of the Philippine Judicial
b. Payment of Professional Tax;
Academy and the President of the
c. Completion of MCLE credit units;
Integrated Bar of the Philippines)
and
d. Retaking of the Lawyer’s Oath 2. Requirements: Members of the IBP
shall complete, every three years, at least
The Supreme Court said that a Filipino
36 hours of continuing legal education
lawyer who has been naturalized in another
activities approved by the MCLE
country does not automatically enjoy the
Committee. Of the 36 hours:
right to resume his practice of law when
returns to the Philippines. It held that under Legal Ethics 6 hours
the Rules of Admission to the Philippine bar,
one must be a Filipino citizen. Trial and Pre-trial Skills 4 hours
Alternative Dispute Resolution 5 hours
Thus, when he assumed another
citizenship, he ipso facto lost his Filipino Updates on Substantive and 9 hours
citizenship. The returning Filipino lawyer Procedural Laws and
must repatriate himself under the provisions Jurisprudence
of R.A. 9225. Said law says that “all International Law and 2 hours
Philippine citizens who become citizens of International Conventions
another country shall be deemed not to
Legal Writing and Oral 4 hours
have lost their Philippine citizenship under Advocacy
the conditions of (R.A. 9225).” R.A. 9225
provides that if a person intends to practice Other MCLE prescribed 6 hours
the legal profession in the Philippines and subjects
he reacquires Filipino citizenship pursuant
to its provisions (he)shall apply with the
4. Penalties for non-compliance:
proper authority for a license or permit to
Imposition of fines, pleadings may be
engage in such practice.’ (In Re: Petition to
expunge from records of the court, lawyer
Re-acquire the Privilege to Practice Law in
be can a subject of suspension or
the Philippines (Epifanio B. Muneses), 677
disbarment.
SCRA 364, 2012)
5. Who are exempted: President, Vice
E.MANDATORY CONTINUING LEGAL
President, Members of the Senate and
EDUCATION
House of Representatives, Members of the
1. Purpose: MCLE, what it is; who enforces Constitutional Commissions, Governors,
the MCLE; constitution of the MCLE Board Mayors, incumbent and retired members of
(A retired justice of the Supreme Court is the judiciary, Cabinet Secretaries and their

undersecretaries, OSG lawyers, OGCC F. THE LAWYER AS A NOTARY PUBLIC

lawyers, Ombudsman and all Deputies of (A.M. No. 02-8-13-SC, effective August 1,
the Ombudsman, Professor and Reviewers 2004, as amended)
of law for a period of ten years.
Purposes of the Notarial Rules:
PARTICIPATORY LEGAL EDUCATION a. to promote, serve and protect public
(SEC. 2, RULE 5, B.M. 850) interest;
1. Attending approved education activities b. to simplify, clarify and modernize the
like seminars, conferences, rules governing notaries public; and
conventions, symposia, in-house c. to foster ethical conduct among notaries
education programs, workshops, public.
dialogues or round table discussion; QUALIFICATIONS OF NOTARYPUBLIC
2. Speaking or lecturing, or acting as 1. Must be a Filipino citizen;
assigned panelist, reactor,
2. Must be over 21 years old;
commentator, resource speaker,
moderator, coordinator or facilitator in 3. Must be a resident of the Philippines for
approved education activities; at least 1 year;
3. Teaching in a law school or lecturing in 4. Must maintain a regular place of work or
a bar review class; business in the city or province where
com-mission is to be issued;
NON-PARTICIPATORY LEGAL 5. Must be a member of the Philippine Bar
EDUCATION in good standing, with clearances from:
(SEC. 3, RULE 5, B.M. 850) The Office of the Bar Confidant of the
Supreme Court, and the IBP;
1. Preparing, as an author or co-author, 6. Must not have been convicted in the
written materials published or accepted first instance of any crime involving
for publication, e.g., in the form of an moral turpitude.
article, chapter, book, or book review
which contribute to the legal education
of the author member, which were not TERM OF OFFICE OF NOTARY PUBLIC
prepared in the ordinary course of the A person commissioned as notary public
member’s practice or employment; may perform notarial acts in anyplace within
2. Editing a law book, law journal or legal the territorial jurisdiction of the
newsletter. commissioning court for a period of 2 years
commencing the first day of January of the
Other activities, such as rendering year in which the commissioning is made,
mandatory legal aid services pursuant to unless earlier revoked or the notary public
Sec. 8, B.M.2012, may be credited as has resigned under these Rules and the
MCLE activities. RoC. (Sec. 11, Rule III)

A notary public may file a written application LIMITATIONS

with the Executive Judge for the renewal of * Relating to Notarial Acts
his commission within 45days before the
A notary public shall not perform a notarial
expiration thereof. (Sec. 13, Rule III)
act outside his regular place of work or
business; provided, however, that on certain
POWERS AND LIMITATIONS
exceptional occasions or situations, a
Notarization is not an empty, meaningless notarial act may be performed at the
and routinary act. It converts a private request of the parties in the following sites
document into a public instrument, making it located within his territorial jurisdiction:
admissible as evidence without the
a. Public offices, convention halls, and
necessity of preliminary proof of its
similar places where oaths of office
authenticity and due execution. (Sicat v.
may be administered;
Ariola, A.C. 5864, 2005)
b. Public function areas in hotels and
Lawyers commissioned as notaries public similar places for the signing of
are mandated to subscribe to the sacred instruments or documents requiring
duties appertaining to their office, such notarization;
duties being dictated by public policy
c. Hospitals and other medical institutions
impressed with public interest [Mondejar v.
where a party to an instrument or
Rubia, A.C. 5907and 5942 (2006)].
document is confined for treatment;
POWERS and
A notary public can perform the following d. Any place where a party to an
notarial acts: instrument or document requiring
1. Acknowledgments; notarization is under detention [Sec.
2(a), Rule IV]
2. Oaths and affirmations;
3. Jurats; A person shall not perform a notarial act if
4. Signature witnessing the person involved as signatory to the
5. Copy certifications; and instrument or document:
6. Any other act authorized by the a. Is not in the notary's presence
Notarial Rules [Sec. 1(a), Rule IV] personally at the time of the
notarization; and
a. Certifying the affixing of signature by
thumb or other mark on an b. Is not personally known to the notary
instrument or document presented public or otherwise identified by the
for notarization [Sec.1(b), Rule IV] notary public through competent
evidence of identity as defined by the
b. Signing on behalf of a person who is Notarial Rules [Sec. 2(b), Rule IV].
physically unable to sign or make a
mark on an instrument or document A notary public is disqualified from
[Sec.1(c), Rule IV] performing a notarial act if he:

a. Is a party to the instrument or A notary public shall not notarize:

document that is to be notarized; a. A blank or incomplete instrument or
b. Will receive, as a direct or indirect document; or
result, any commission, fee, b. An instrument or document without
advantage, right, title, interest, cash, appropriate notarial certification [Sec.
property, or other consideration, except 6,Rule IV
as provided by the Notarial Rules and
by law; or * Relating to Notarial Register
c. A notary public is disqualified from In the notary's presence, any person may
performing is a spouse, common-law inspect an entry in the notarial register,
partner, ancestor, descendant, or during regular business hours, provided;
relative by affinity or consanguinity of
the principal within the fourth civil a. The person's identity is personally
degree[Sec. 3, Rule IV] known to the notary public or proven
through competent evidence of identity
A notary public shall not perform any as defined in the Notarial Rules;
notarial b. The person affixes a signature and
act described in the Notarial Rules if: thumb or other mark or other
a. The notary knows or has good reason recognized identifier, in the notarial
to believe that the notarial act or register in a separate, dated entry;
transaction is unlawful or immoral; c. The person specifies the month, year,
b. The signatory shows a demeanor type of instrument or document, and
which engenders in the mind of the name of the principal in the notarial act
notary public reasonable doubt as to or acts sought; and
the former’s knowledge of the d. The person is shown only the entry or
consequences of the transaction entries specified by him;
requiring a notarial act; and
The notarial register may be examined by a
c. In the notary's judgment, the signatory law enforcement officer in the course of an
is not acting of his or her own free will official investigation or by virtue of a court
[Sec.4, Rule IV] order.
If the notary public has a reasonable ground
A notary public shall not: to believe that a person has a criminal intent
a. Execute a certificate containing or
information known or believed by the wrongful motive in requesting information
notary to be false; from the notarial register, the notary shall
deny access to any entry or entries therein
b. Affix an official signature or seal on a
[Sec.4, Rule VI]
notarial certificate that is
incomplete[Sec. 5, Rule IV]

NOTARIAL REGISTER Judge concerning the performance

A notarial register refers to a permanently of his duties, as may be required by
bound book with numbered pages the judge;
containing chronological record of notarial g. Fails to require the presence of
acts performed by a notary public [Sec. 5, principal at the time of the notarial
Rule II] act;
Rule VI, Secs. I and 2 of the Notarial Rules h. Fails to identify a principal on the
require a notary public to keep and maintain basis of personal knowledge or
a Notarial Register wherein he will record competent evidence;
his every notarial act. His failure to make i. Executes a false or incomplete
the proper entry or entries in his notarial certificate under Sec. 5, Rule IV;
register concerning his notarial acts is a j. Knowingly performs or fails to
ground for revocation of his notarial perform any other act prohibited or
commission (Agadan, et al. v. Kilaan, A.C. mandated by these Rules; and
No. 9385, 2013) k. Commits any other dereliction or act
which in the judgment of the
REVOCATION OF COMMISSION
Executive Judge constitutes good
1. The Executive Judge shall revoke a cause for revocation of commission
notarial commission for any ground on or imposition of administrative
which an application for a commission sanction [Sec. 1(a) and (b), Rule XI,]
may be denied;
2. In addition, the Executive Judge may COMPETENT EVIDENCE OF IDENTITY
revoke the commission of, or impose Competent evidence of identity means the
appropriate administrative sanctions identification of an individual based on:
upon, any notary public who:
1. At least one current identification
a. Fails to keep a notarial register;
document issued by an official agency
b. Fails to make the proper entry or bearing the photograph and signature
entries in his notarial register of the individual, such as but not limited
concerning his notarial acts; to, passport, driver's license,
c. Fails to send the copy of the entries Professional Regulation Commission
to the Executive Judge within the ID, NBI clearance, police clearance,
first ten days of the month following; postal ID, voter’s ID, Barangay
d. Fails to affix to acknowledgments certification, GSIS ecard, SSS card,
the date of expiration of his Philhealth card, senior citizen car,
commission; OWWA ID, OFW ID, seaman’s book,
alien’s certificate of
e. Fails to submit his notarial register,
registration/immigrant certificate of
when filled, to the Executive Judge;
registration, government office ID,
f. Fails to make his report, within a
reasonable time, to the Executive
certification from the NCWDO, DSWD commit official misconduct. [Sec. 1,

certification; or Rule XII]
2. The oath or affirmation of:
The Supreme Court revoked the notarial
a. One credible witness not privy to the
commission of a lawyer and she was
instrument, document or transaction
likewise suspended from the practice of law
who is personally known to the
for notarizing a document which effectively
notary public and who personally
dissolved the marriage of the complainants.
knows the
(Espinosa v. Atty. Julieta A.Omana, A.C.
individual; or
No. 9081, October 12, 2011)
b. Two credible witnesses neither of
whom is privy to the instrument, By performing his duties without renewing
document or trans-action who each his notarial commission, the Supreme Court
personally knows the individual and said that he committed acts of falsehood
shows to the notary public and must be punished. (Tenoso v. Echanez,
documentary identification. [Sec. A.C. No. 8384, 11 April 2013)
12,Rule II, as amended by SC held that it is sufficient for the Notary
Resolution dated Feb. 19, 2008] Public to ascertain the identities of the
SANCTIONS affiants and the witnesses at the time of the
Disciplinary Sanctions execution of the document. The Notary
Public must rely on the presumption that the
The Executive Judge may motu proprio proofs of identity of the parties were issued
initiate administrative proceedings against a by the public agencies in the regular course
notary public and impose the appropriate of the discharge of their responsibilities. It is
administrative sanctions on the grounds for also not practical for a notary public to recall
revocation of commission mentioned [Sec. the affiants 12 years after they personally
1(d),Rule XI] appeared before him. (Metropolitan Bank &
Trust Company v. Arguelles, 679 SCRA
Criminal Sanctions
348, 2012)
The Executive Judge shall cause the
A lawyer’s notarial commission was revoked
prosecution of any person who:
and he was not allowed to renew the same
1. Knowingly acts or otherwise for one year for failure to ascertain the
impersonates a notary public; identities of the parties who executed an
2. Knowingly obtains, conceals, defaces, Extra Judicial Partition with Sale which
or destroys the seal, notarial register, allowed the transfer to Spouses Durante of
or official records of a notary public; a parcel of land. (Wilberto C. Talisic v. Atty.
and Primo R. Rinen, A.C. No. 8761, February
12, 2014)
3. Knowingly solicits, coerces, or in any
way influences a notary public to The Court found respondent violated not
only the notarial law but also his oath as a
lawyer when he notarized a Special Power Court and all collegiate appellate courts
of Attorney without all the affiant's personal must be a natural born Filipino.
appearance. (George Fabay vs. Atty. Rex
Qualifications of SC Justice: natural born
A. Resuena, A.C. No. 8723, 26 January
Filipino, at least be 40 years old, must have
2016)
been for 15 years or more a judge of a
The Court held that a lawyer who acts as a lower court or engaged in the practice of law
notary public without the necessary notarial in the Philippines.
commission is remiss in his professional
Members of the lower courts (regional
duties and responsibilities. (Maria Fatima
trial courts and first level courts)
Japitana vs. Atty. Sylvester C. Parado, A.C.
No. 10859, 26 January 2016) Section 7(2), Article VIII, 1987 Constitution
provides that Congress shall provide for
The act of notarizing without the necessary
qualifications but one must be citizen of the
commission is not merely a simple
Philippines and member of the Philippine
enterprise to be trivialized. So much so that
Bar.
one who stamps a notarial seal and signs a
document as a notary public without being Common qualification for all members of
so authorized may be haled to court not the judiciary, Section 7(3), Article VIII,
only or malpractice but also for 1987 Constitution provides:
falsification.(Spouses Eduardo G. Gacuya
and Caridad Rosario Gacuya vs. Atty. “A member of the Judiciary must be a
Reyman A. Solbita, A.C. No. 8840, 8 March person of proven competence, integrity,
2016) probity and independence.”
The Court held that notarizing a document Term of Office

outside the territorial jurisdiction for which Section 11, Article VIII, 1987 Constitution
his notarial commission was issued the provides that members of the judiciary “shall
lawyer; he committed a form of falsehood hold office during good behavior until they
which is undoubtedly anathema to the reach 70 years old or they become
lawyer's oath. (Flora C. Mariano vs. Atty. incapacitated to discharge the duties of their
Anselmo Echanez, A.C. No. 10373, 31 May office.”
2016)
Appointments made by the President in the
JUDICIAL ETHICS judiciary do not need any confirmation by
A. MEMBERSHIP IN THE JUDICIARY the Commission on Appointments. (Article
VIII, 1987 Constitution)
1. Qualifying to the Bench
Any vacancy in the Supreme Court must be
Members of the Supreme Court and filled within 90 days from the occurrence
lower appellate courts thereof. (Section 4(1), Article VIII, 1987
Constitution)
Section 7(1), Article VIII, 1987 Constitution
mandates that a Justice of the Supreme
For lower courts, the President shall issue after the Bangalore Draft of Code of
the appointments within 90 days from the Judicial Conduct.
submission of the list. (Section 9, Article 2. Code of Judicial Ethics
VIII, 1987 Constitution)
B. Qualities under the Code of Judicial
Requirements in the discharge of Conduct
responsibilities of members of the 1. Independence
judiciary: 2. Integrity
Jurisprudence: No decision shall be 3. Impartiality
rendered by any court without expressing 4. Propriety
therein clearly and distinctly, the facts and 5. Equality
law on which it is based. (Section 14, Article 6. Competence and diligence
VIII, 1987Const.) 1. Uphold the Dignity and Independence
Dedicated service to the judiciary: of the Court
Members of the judiciary shall not be CANON 1 – A judge should uphold the
designated to any agency performing quasi- integrity and independence of the Judiciary.
judicial or administrative functions. (Secs. 1-7)
(Section12, Article VIII, 1987 Const.)
Two aspects of independence: (a)
SALN Requirement: Members of the institutional independence and (b) personal
Supreme Court shall not only report all their independence
assets, liabilities, and net worth upon
The newly appointed judge was not allowed
assumption to duty but they must disclose
to assume his post as RTC judge of
such to the PUBLIC in the manner provided
Cabanatuan City for his material
by law. (Section 17, Article XI, 1987
misrepresentation in his application form.
Constitution)
Caballero did not disclose that a graft and
Allegiance to the Philippine Government: corruption charge was filed against him
Any public officer owes allegiance to the before the Office of the Ombudsman when
Philippine government and its Constitution he served as a prosecutor. (Samson v.
and a public officer who seeks to change Judge Caballero, A. M. No. RT J-08- 213,
citizenship or acquire the status of an 595 SCRA 423)
immigrant of another country during his
A judge was dismissed from service due to
tenure shall be dealt with by law. (Section
gross misconduct. The judge was found to
18, Article VIII, 1987 Const.)
have officiated several marriage rites in a
A. Sources of Judicial Ethics: short span of time without having resolved
1. The New Canons of Judicial the numerous cases pending before his
Conduct for the Philippine Judiciary court. (Suarez v. Judge Dilag, A. M. No. RT
(took effect on June 1, 2004 per A.M. J-06-2014, March 4, 2009, 580 SCRA 491)
03-05-01-SC) which was patterned

A judge was fined by the Court for 2. Avoid Impropriety

“oppressive” conduct for citing a driver in CANON 2 – A judge should avoid
contempt of court for having parked the car impropriety and the appearance of
of his employer in the parking slot assigned impropriety in all activities. (Secs. 1-3)
to the judge. The judge imposed upon the
driver a monetary fine. (Inonog v. Judge 3. Maintain Impartiality
Ibay, A. M. No. RT J-09-2175, July 28, CANON 3 – A judge should perform official
2009, 594 SCRA 168) duties honestly, and with impartiality and
A judge was suspended by the Court for diligence. (Secs. 1-6)
having accepted money to intercede on A judge was dismissed from service for
behalf of her husband’s relative in a pending gross misconduct for sexually harassing his
case before the Supreme Court where she Clerk of Court. (Talens-Dabon v. Arceo,
was previously employed.(Santos v. Judge A.M. 1. No. RTJ-96-1336, July 25, 1996)
Arcaya- Chua, A. M. No. MT J-07-20093,
February 17, 2009) The Court held that the complainant was not
deprived of due process when the charge
A judge was dismissed from service for against him was upgraded from grave
gross misconduct. Evidence was presented serious injuries to homicide. It said that
to establish the propensity to exact money when the death occurred after the filing of
from litigants and lawyers. She also the first information the same can be
exhibited manifest bias in her demeanor in amended as a matter of course. (Go v.
court. (Concerned Lawyers of Bulacan v. Court of Appeals, G. R. No. 101837,
Judge Vilalon-Pornillos, 592 SCRA 36) February 11, 1992, 206 SCRA 165)
A judge together with the Clerk of Court and
the court stenographer assigned to his court 4. Duty to Improve the Law and the
were also sanctioned by the SUPREME Administration of Justice
COURT The Court said that except for CANON 4: A judge may, with due regard to
clarificatory questions, the judge may not be official duties, engage in activities to
allowed to ask questions that would elicit improve the law, the legal system and the
answers to favor one of the parties to the administration of justice. (Secs. 1-15)
case. It is not also proper for the judge to
allow the Clerk of Court to conduct any 5. Duty to Avoid Conflict with Judicial
proceeding in the absence of the judge and Responsibilities
for the stenographer to transcribe such CANON 5: A judge should regulate extra-
proceedings. (Paco v. Quilala, et. Al., A. M. judicial activities to minimize the risk of
No. RT J-02-1699, 413 SCRA 364) conflict of judicial duties. (Secs. 1 - 5)

6. Duty to Exhibit Competence and of the trial. Use of vulgar language insults a
Diligence witness and may also diminish the
CANON 6: Competence and Diligence respect.(Guanzon v. Judge Rufon, 537
(Secs. 1-7) SCRA 38)
The Court held Judge Bitas liable for gross The Court will not condone the acts of
ignorance of the law when he deviated from judges of accepting money from a litigant
the requirement of a hearing where there is with a pending case before his court nor
an application for bail and aggravated his should a judge be seen dining with a litigant
offense when he also granted bail without facing a criminal case before his court.(Sy v.
neither conducting a hearing nor a motion Judge Fineza, A. M. RT J-03-1808, October
for application for bail. (Ma. Liza M. Jorda, 15, 2003, 413 SCRA 374)
City Prosecutor’s Office, Tacloban City v. The apparent bias exhibited by the judge
Judge Crisologo S. Bitas, RTC, Branch 7, shown in the delay in the legal procedure
Tacloban City; Prosecutor Leo C. Tabao v. cannot be condoned. (Biggel v. Judge
Judge Crisologo S. Bitas,A.M. No. RTJ-14- Pamintuan, A. M. No. RT J- 08-2101, 559
2376 / A.M. No. RTJ-14-2377. March 5, SCRA 344)
2014)
The Supreme Court held that gross
In an ejectment case, governed by the misconduct and serious lapses in the
Rules of Summary Procedure, the judge conduct of the affairs of the court merit
has only a period of 30 days from the dismissal from the judiciary except for
submission of the last affidavit or position reasons of compassion, the Court awarded
paper within which to issue a decision. the retirement benefits of the judge who
Judge Regencia rendered judgment only died during the pendency of this
more than two years later. She failed to administrative case.(Bayaca v. Judge
proffer any acceptable reason in delaying Ramos, A. M. No. MT J-07-1676, 577
the disposition of the ejectment case, thus, SCRA 93)
making her administratively liable for undue
delay in rendering a decision. (Gershon N. The Supreme Court said that Carbonell’s
Dulang v. Judge Mary Jocylen G. Regencia, failure to decide cases within the
A.M. No. MTJ-14-1841, June 2, 2014) reglamentary 90-day period without any
justifiable and credible reasons constitutes
The Court held that a judge cannot be gross inefficiency. The Court reduced the
suspended in the discharge of her recommended penalty of fine from P50,000
responsibilities until after conviction of a to P20,000 considering that Judge
criminal offense she allegedly committed Carbonell has retired due to disability, his
has become final and executory.(Re. poor health condition may have greatly
Conviction of Judge Angeles, A. M. No. contributed to his inability to efficiently
RTJ-06-9-5215, 543 SCRA) perform his duties as a trial judge.(Re:
The Court reminded the family court judge Failure of Former Judge Antonio A.
to avoid using vulgar language in the course Carbonell to Decide Cases Submitted for
Decision and Resolve Pending Motions in Twelve (12) months for all collegiate
the RTC, Branch 27, San Fernando, La appellate courts; and
Union, A.M. No. 08-5-305-RTC, July 9,
Three (3) months for all other lower courts.
2013)
(Section 15(1), 1987 Constitution)
The complaint raised the issue on the
There are two rules governing the
capacity of then Chief Justice to decide on a
disqualification and voluntary inhibition of
pending case without any bias. The
judges: Section 1, Rule 137 of the Rules of
Supreme Court dismissed the complaint
Court; and Rule 3. 12 of the New Code of
because the same has become moot and
Judicial Conduct for the Philippine Judiciary.
academic with the impeachment and
eventual removal of Chief Justice Corona Section 1, Rule 137, RoC provides:
from office. (Complaint against Chief Justice
Corona dated Sept. 14, 2011 filed by Inter- “SECTION 1. Disqualification of judges. –
Petal Recreational Corp., A.M. No. 12-6-10 No judge or judicial officer shall sit in any
SC, June 13, 2012) case in which he, or his wife or child, is
pecuniary interested as heir, legatee,
This case was filed by Justice Villaluz, the creditor or otherwise , or in which he is
former spouse of Pasay City RTC Judge related to either party within the sixth
Mijares, against her. The Supreme Court degree of consanguinity affinity, or to
called the attention of Mijares that the Rules counsel within the fourth degree, computed
of Court prohibit judges from hearing cases according to the rules of the civil law, or in
involving relatives up to the sixth civil which he has been executor, administrator,
degree of consanguinity or affinity. In the guardian, trustee or counsel, or in which
same fashion a member of the bench may he has presided in any inferior court when
not hear cases where a counsel is a relative his ruling or decision is the subject of
up to the fourth civil degree of consanguinity review, without the written consent of all
or affinity.(Villaluz v. Mijares, A. M. No. RT parties in interest, signed by them and
J-98-1402, April 3, 1998, 288 SCRA 594) entered upon the record.
DISQUALIFICATION OF JUSTICES AND A judge may, in the exercise of his sound
JUDGES (Rule 137) discretion, disqualify himself from sitting in
case, for just or valid reasons other than
Prohibition on practice of profession: No
those mentioned above.”
member of the judiciary may practice their
profession during their incumbency. Canon 3 of the New Code of Judicial
Prescriptive Duty to resolve pending Conduct for the Philippine Judiciary states:
matters “Rule 3.12. – A Judge should take no part in
All matters pending with the Supreme Court proceeding where the judge’s impartially
must be resolved with 24 months; might reasonably be questioned. These
cases include, among others, proceedings
where:

The judge has personal knowledge of judge should not inhibit and if a motion to
disputed evidentiary facts concerning the that effect is filed, he should deny it if,
proceeding; despite the circumstances cited by the
movant, he honestly believes that he can
a. The judge served as executor,
act on the case objectively.
administrator, guardian, trustees or
lawyer in the case or matter in Remittal of Disqualification
controversy, or a former associate of
Remittal of disqualification is the process by
the judge served as counsel during
which a judge who is disqualified to sit on a
their association, or the judge or lawyer
case on any of the grounds enumerated in
was a material witness therein;
Section 5, Canon 3, may purge himself of
b. The judge’s ruling in a lower court is such a disqualification so that he may act
the subject of review; upon the case.
c. The judge is related by consanguinity
or affinity to a party litigant within the How remittal is effected: This process is
sixth degree or to co-counsel within the allowed under Section 6 of the same Canon
fourth degree; which provides:
d. The judge knows that his spouse or “A judge disqualified as stated above may,
child has a financial interest, as heir, instead of withdrawing from the proceeding,
legatee, creditor, fiduciary, or disclose on the record the basis of
otherwise, in the subject matter in disqualification. If, based on such
controversy or in a party to the disclosure, the parties and lawyers,
proceeding, or any other interest that independently of the judge’s participation,
could be substantially affected by the all agree in writing that the reason for
outcome of the proceeding.” inhibition is immaterial or unsubstantial; the
judge may then participate in the
Voluntary Inhibition proceeding. The Agreement, signed by all
When voluntary inhibition be done: A judge the parties and lawyers, shall be
is allowed under the second paragraph of incorporated in the record of the
Section 1 of Rule 137 of the Rules of Court, proceedings.”
supra, to voluntary inhibit from a case for
DISCIPLINE OF MEMBERS OF THE
just or valid reasons other than those
JUDICIARY
grounds of disqualification.
Members of the Supreme Court
How voluntary inhibition is effected: A judge
may motu proprio or on motion of a party Impeachment. (Section 2, Article XI, 1987
voluntarily recluse from a case if he has Constitution)
good or valid reasons which render him
incapable of acting objectively on the case. Grounds: culpable violation of the
Constitution, treason, bribery, graft and
When a judge should not inhibit himself: corruption, other higher crimes, or betrayal
Absent any ground for disqualification, a of public trust.
Proceedings: Initiated in the House of personal knowledge of the facts alleged

Representatives by a vote of at least one- therein or by documents which may
third of all members if referral is considered substantiate said allegations; or
by the Committee on Justice but a verified c. Upon an anonymous complaint,
complaint or resolution filed by least one supported by public records of
third of all its members is sufficient to indubitable integrity.
transmit the Articles of Impeachment. The
Investigation
impeachment proceedings shall be presided
by the Senate President. A two-thirds vote Upon the filing of the comment of the
of all members of the Senate is necessary respondent or upon the expiration of the
to convict. period for such filing, which is ten days from
the date of service to him of the copy of the
Effects: Shall not extend further than complaint [Sec. 2], the SC shall:
removal from office and disqualification to
hold any other public office but the 1. Refer the matter to the Office of the
convicted justice shall nevertheless be liable Court Administrator for evaluation,
and subject to prosecution, trial and report, and recommendation; or
punishment according to law. 2. Assign the case for investigation,
report, and recommendation to:
Discipline of Appellate Justices and
a. A retired member of the Supreme
Lower Court Judges
Court, if the respondent is a justice of
Jurisdiction over disciplinary cases: The the Court of Appeals and the
Supreme Court en banc shall have the Sandiganbayan;
power to discipline appellate justices and b. A justice of the Court of Appeals, if the
lower court judges. respondent is a judge of a Regional
Trial Court or of a special court of
Vote required dismissing a member of the
equivalent rank; or
judiciary: A majority vote of all justices who
actually took part in the deliberations on the c. A judge of the Regional Trial Court, if
issues in the case and voted thereon. the respondent is a judge of an inferior
court [Sec. 3, Rule 140].
Sanctions: fines, suspension, dismissal
from office, forfeiture of benefits, Hearing and Termination
disbarment. The investigating justice of judge shall set a
day for the hearing and send notice to the
Proceedings for the discipline of judges of
parties. If the respondent fails to appear, the
regular and special courts and justices of
investigation shall proceed ex parte.The
the Court of Appeals and the
investigating justice or judge shall terminate
Sandiganbayan may be instituted:
the proceedings:
a. Motu proprio by the Supreme Court;
1. Within 90 days from the date of its
b. Upon the verified complaint, supported commencement; or
by affidavits of persons who have
2. Within such extension as the Supreme The respondent is required to comment on

Court may grant [Sec. 4]. the complaint and show cause why he
should not also be suspended, disbarred or
Report and Action
otherwise disciplinarily sanctioned as a
Within 30 days from termination, the member of the bar. Judgment in both
investigating justice or judge shall submit to respects may be incorporated in one
the Supreme Court a report containing his decision or resolution.
findings of fact and recommendation,
accompanied by the evidence and Effect of Withdrawal or Desistance
pleadings filed by the parties. Such report Complainant's desistance is not an obstacle
shall be confidential and shall be for the to the taking of disciplinary action against a
exclusive use of the Supreme Court. judge if the record reveals that he had not
performed his duties properly (Espayos v.
A copy of the decision or resolution of the
Lee, 1979).
court shall be attached to the record of the
respondent in the OCA [Secs. 5 and 12]The GROUNDS AND SANCTIONS
Supreme Court shall take action on the
General rule: A judge cannot be subjected
report as the facts and the law may
to liability – civil, criminal, or administrative –
warrant[Sec. 6]
foray his official acts, not matter how
Automatic Conversion of Administrative erroneous, as long as he acts in good faith
Cases to Disciplinary Proceedings (i.e. in the absence of fraud, malice,
Pursuant to A.M. No. 02-9-02-SC, dishonesty, or corruption).
administrative cases against justices of the Ratio: A judicial officer, in exercising the
Court of Appeals and the Sandiganbayan, authority vested in him, shall be free to act
judges of regular and special courts, and upon his own convictions, without
court officials who are lawyers, shall also be apprehension of personal consequences to
considered a disciplinary action against himself.
them, if they are based on grounds which
are likewise grounds for the disciplinary This concept of judicial immunity rests upon
action of members of the bar for: consideration of public policy, its purpose
being to preserve the integrity and
1. Violation of the Lawyer's Oath; independence of the judiciary (Pabalan
2. Violation of the Code of Professional v.Guevarra, 1976).
Responsibility;
Exception: A judge may be held criminally,
3. Violation of the Canons of Professional
civilly or administratively liable for
Ethics; or
malfeasance or misfeasance in office.
4. Such other forms of breaches of Administrative charges are classified as
conduct that have been traditionally serious, less serious, or light.
recognized as grounds for the
discipline of lawyers.

SOURCES:
 San Beda College of Law 2016
Centralized Bar Operations Memory
Aid in Legal and Judicial Ethics
 UP Law Bar Operations Commission
2017. Legal and Judicial Ethics
 Legal and Judicial Ethics, 2017 Bar
Review Notes by Atty. Victoria V.
Loanzon


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Subject Head: Saturnino Enyaca

ACADS Head: Malyn Gonzales

LEGAL ETHICS advertising and encroachment on their

The legal profession is not a business. Factors to be considered if one is

The practice of law is not limited to QUALIFICATIONS FOR ADMISSION TO

Philippine Christian University College of Law _2 | P a g e

Professional Partnership vs. Stock Petitioner Medado passed the bar

Philippine Christian University College of Law _4 | P a g e

LAWYERS WHO REPRESENT THE

Under Civil Service Rules: government c. Government lawyers who represent

Philippine Christian University College of Law _5 | P a g e

Philippine Christian University College of Law _6 | P a g e

of the injured to convince them to go to assistance was suspended by the Supreme

Philippine Christian University College of Law _12 | P a g e

Philippine Christian University College of Law _13 | P a g e

4. The client must intend the

Philippine Christian University College of Law _15 | P a g e

Effect of Termination and he did not also apprise complainant of

Philippine Christian University College of Law _16 | P a g e

Philippine Christian University College of Law _17 | P a g e

3. Where property in question is stipulated relationship, the client is entitled to the

Philippine Christian University College of Law _18 | P a g e

SC disbarred respondent-lawyer for reposed in him by the client (Jinon v. Jiz,

EXAMPLES OF LAWYER’S (iii) Collaborating Counsel: With the

Lawyer was disbarred for stretching for

Contract Contract Based on lawful Based on securing

funds, papers, money judgment Some Instances of Recovery of

Philippine Christian University College of Law _24 | P a g e

him by a client when the latter is about to

Philippine Christian University College of Law _25 | P a g e

Philippine Christian University College of Law _26 | P a g e

Institution either by: Discipline of Filipino lawyers practicing

D. READMISSION TO THE PRACTICE OF

Submission of the investigative report to the IBP Board

Philippine Christian University College of Law _27 | P a g e

4. His efficient government service; 5. Other relevant factors to justify

1. There must be proof of remorse and

Philippine Christian University College of Law _28 | P a g e

Resumption to Practice of a Balikbayan the Chairman, with the following as

Philippine Christian University College of Law _29 | P a g e

undersecretaries, OSG lawyers, OGCC F. THE LAWYER AS A NOTARY PUBLIC

Philippine Christian University College of Law _30 | P a g e

A notary public may file a written application LIMITATIONS

Philippine Christian University College of Law _31 | P a g e

a. Is a party to the instrument or A notary public shall not notarize:

Philippine Christian University College of Law _32 | P a g e

NOTARIAL REGISTER Judge concerning the performance

certification from the NCWDO, DSWD commit official misconduct. [Sec. 1,

The Court held that notarizing a document Term of Office

Philippine Christian University College of Law _36 | P a g e

A judge was fined by the Court for 2. Avoid Impropriety

Philippine Christian University College of Law _37 | P a g e

Philippine Christian University College of Law _39 | P a g e

Proceedings: Initiated in the House of personal knowledge of the facts alleged

2. Within such extension as the Supreme The respondent is required to comment on

Philippine Christian University College of Law _42 | P a g e

Philippine Christian University College of Law _43 | P a g e