Professional Documents
Culture Documents
MT Pale Reviewer
MT Pale Reviewer
02 - In such cases, even if the lawyer does not accept a case, he shall
I, do solemnly swear that I will maintain allegiance to the Republic of the not refuse to render legal advice to the person concerned if only to the
Philippines, I will support the Constitution and obey the laws as well as the extent necessary to safeguard the latter's rights.
legal orders of the duly constituted authorities therein; I will do no Rule 2.03 - A lawyer shall not do or permit to be done any act designed
falsehood, nor consent to the doing of any in court; I will not wittingly or primarily to solicit legal business.
willingly promote or sue any groundless, false or unlawful suit, or give aid Rule 2.04 - A lawyer shall not charge rates lower than those customarily
nor consent to the same; I will delay no man for money or malice, and will prescribed unless the circumstances so warrant.
conduct myself as a lawyer according to the best of my knowledge and
discretion, with all good fidelity as well to the courts as to my clients; and I CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE
impose upon myself these voluntary obligations without any mental ONLY TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE INFORMATION OR
reservation or purpose of evasion. So help me God. STATEMENT OF FACTS.
Rule 3.01 - A lawyer shall not use or permit the use of any false, fraudulent,
CODE OF PROFESSIONAL RESPONSIBILITY misleading, deceptive, undignified, self-laudatory or unfair statement or
(Promulgated June 21, 1988) claim regarding his qualifications or legal services.
*Chapter titles= four fold duties; arrangement is important to determine Rule 3.02 - In the choice of a firm name, no false, misleading or assumed
which duty prevails in case of conflict name shall be used. The continued use of the name of a deceased partner is
permissible provided that the firm indicates in all its communications that
CHAPTER I. THE LAWYER AND SOCIETY said partner is deceased.
CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS Rule 3.03 - Where a partner accepts public office, he shall withdrawal from
OF THE LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL PROCESSES. the firm and his name shall be dropped from the firm name unless the law
allows him to practice law currently.
Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or Rule 3.04 - A lawyer shall not pay or give anything of value to
deceitful conduct. representatives of the mass media in anticipation of, or in return for,
Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of publicity to attract legal business.
the law or at lessening confidence in the legal system.
Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage CANON 4 - A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THE
any suit or proceeding or delay any man's cause. LEGAL SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN LAW REFORM
Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a AND IN THE IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE.
controversy if it will admit of a fair settlement.
CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS,
CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN PARTICIPATE IN CONTINUING LEGAL EDUCATION PROGRAMS, SUPPORT
EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH THE EFFORTS TO ACHIEVE HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN
INDEPENDENCE, INTEGRITY AND EFFECTIVENESS OF THE PROFESSION. THE PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST IN
Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of DISSEMINATING THE LAW AND JURISPRUDENCE.
the defenseless or the oppressed.
CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT
SERVICES IN THE DISCHARGE OF THEIR TASKS.
Presh 1
Rule 6.01 - The primary duty of a lawyer engaged in public prosecution is Rule 8.02 - A lawyer shall not, directly or indirectly, encroach upon the
not to convict but to see that justice is done. The suppression of facts or the professional employment of another lawyer, however, it is the right of any
concealment of witnesses capable of establishing the innocence of the lawyer, without fear or favor, to give proper advice and assistance to those
accused is highly reprehensible and is cause for disciplinary action. seeking relief against unfaithful or neglectful counsel.
Rule 6.02 - A lawyer in the government service shall not use his public
position to promote or advance his private interests, nor allow the latter to CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN THE
interfere with his public duties. UNAUTHORIZED PRACTICE OF LAW.
Rule 6.03 - A lawyer shall not, after leaving government service, accept
engagement or employment in connection with any matter in which he had Rule 9.01 - A lawyer shall not delegate to any unqualified person the
intervened while in said service. performance of any task which by law may only be performed by a member
of the bar in good standing.
Rule 9.02 - A lawyer shall not divide or stipulate to divide a fee for legal
services with persons not licensed to practice law, except:
(a) Where there is a pre-existing agreement with a partner or associate that,
CHAPTER II. THE LAWYER AND THE LEGAL PROFESSION upon the latter's death, money shall be paid over a reasonable period of
CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND time to his estate or to persons specified in the agreement; or
DIGNITY OF THE LEGAL PROFESSION AND SUPPORT THE ACTIVITIES OF THE (b) Where a lawyer undertakes to complete unfinished legal business of a
INTEGRATED BAR. deceased lawyer; or
(c) Where a lawyer or law firm includes non-lawyer employees in a
retirement plan even if the plan is based in whole or in part, on a profit
Rule 7.01 - A lawyer shall be answerable for knowingly making a false sharing agreement.
statement or suppressing a material fact in connection with his application
for admission to the bar. CHAPTER III. THE LAWYER AND THE COURTS
Rule 7.02 - A lawyer shall not support the application for admission to the CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE
bar of any person known by him to be unqualified in respect to character, COURT.
education, or other relevant attribute.
Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on
his fitness to practice law, nor shall he whether in public or private life, Rule 10.01 - A lawyer shall not do any falsehood, nor consent to the doing of
behave in a scandalous manner to the discredit of the legal profession. any in Court; nor shall he mislead, or allow the Court to be misled by any
artifice.
CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the
AND CANDOR TOWARDS HIS PROFESSIONAL COLLEAGUES, AND SHALL contents of a paper, the language or the argument of opposing counsel, or
AVOID HARASSING TACTICS AGAINST OPPOSING COUNSEL. the text of a decision or authority, or knowingly cite as law a provision
already rendered inoperative by repeal or amendment, or assert as a fact
that which has not been proved.
Rule 8.01 - A lawyer shall not, in his professional dealings, use language Rule 10.03 - A lawyer shall observe the rules of procedure and shall not
which is abusive, offensive or otherwise improper. misuse them to defeat the ends of justice.
Presh 2
Rule 12.08 - A lawyer shall avoid testifying in behalf of his client, except:
CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE (a) on formal matters, such as the mailing, authentication or custody of an
TO THE COURTS AND TO JUDICIAL OFFICERS AND SHOULD INSIST ON instrument, and the like; or
SIMILAR CONDUCT BY OTHERS. (b) on substantial matters, in cases where his testimony is essential to the
ends of justice, in which event he must, during his testimony, entrust the
trial of the case to another counsel.
Rule 11.01 - A lawyer shall appear in court properly attired.
Rule 11.02 - A lawyer shall punctually appear at court hearings. CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND
Rule 11.03 - A lawyer shall abstain from scandalous, offensive or menacing REFRAIN FROM ANY IMPROPRIETY WHICH TENDS TO INFLUENCE, OR GIVES
language or behavior before the Courts. THE APPEARANCE OF INFLUENCING THE COURT.
Rule 11.04 - A lawyer shall not attribute to a Judge motives not supported
by the record or have no materiality to the case.
Rule 11.05 - A lawyer shall submit grievances against a Judge to the proper Rule 13.01 - A lawyer shall not extend extraordinary attention or hospitality
authorities only. to, nor seek opportunity for cultivating familiarity with Judges.
Rule 13.02 - A lawyer shall not make public statements in the media
CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS regarding a pending case tending to arouse public opinion for or against a
DUTY TO ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF party.
JUSTICE. Rule 13.03 - A lawyer shall not brook or invite interference by another
branch or agency of the government in the normal course of judicial
proceedings.
Rule 12.01 - A lawyer shall not appear for trial unless he has adequately
prepared himself on the law and the facts of his case, the evidence he will CHAPTER IV. THE LAWYER AND THE CLIENT
adduce and the order of its proferrence. He should also be ready with the CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY.
original documents for comparison with the copies.
Rule 12.02 - A lawyer shall not file multiple actions arising from the same
cause. Rule 14.01 - A lawyer shall not decline to represent a person solely on
Rule 12.03 - A lawyer shall not, after obtaining extensions of time to file account of the latter's race, sex. creed or status of life, or because of his
pleadings, memoranda or briefs, let the period lapse without submitting the own opinion regarding the guilt of said person.
same or offering an explanation for his failure to do so. Rule 14.02 - A lawyer shall not decline, except for serious and sufficient
Rule 12.04 - A lawyer shall not unduly delay a case, impede the execution of cause, an appointment as counsel de officio or as amicus curiae, or a
a judgment or misuse Court processes. request from the Integrated Bar of the Philippines or any of its chapters for
Rule 12.05 - A lawyer shall refrain from talking to his witness during a break rendition of free legal aid.
or recess in the trial, while the witness is still under examination. Rule 14.03 - A lawyer may not refuse to accept representation of an indigent
Rule 12.06 - A lawyer shall not knowingly assist a witness to misrepresent client unless:
himself or to impersonate another. (a) he is not in a position to carry out the work effectively or competently;
Rule 12.07 - A lawyer shall not abuse, browbeat or harass a witness nor (b) he labors under a conflict of interest between him and the prospective
needlessly inconvenience him. client or between a present client and the prospective client.
Presh 3
Rule 14.04 - A lawyer who accepts the cause of a person unable to pay his Rule 16.03 - A lawyer shall deliver the funds and property of his client when
professional fees shall observe the same standard of conduct governing his due or upon demand. However, he shall have a lien over the funds and may
relations with paying clients. apply so much thereof as may be necessary to satisfy his lawful fees and
disbursements, giving notice promptly thereafter to his client. He shall also
CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY have a lien to the same extent on all judgments and executions he has
IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS. secured for his client as provided for in the Rules of Court.
Rule 16.04 - A lawyer shall not borrow money from his client unless the
client's interest are fully protected by the nature of the case or by
Rule 15.01. - A lawyer, in conferring with a prospective client, shall ascertain independent advice. Neither shall a lawyer lend money to a client except,
as soon as practicable whether the matter would involve a conflict with when in the interest of justice, he has to advance necessary expenses in a
another client or his own interest, and if so, shall forthwith inform the legal matter he is handling for the client.
prospective client.
Rule 15.02.- A lawyer shall be bound by the rule on privilege communication CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND
in respect of matters disclosed to him by a prospective client. HE SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM.
Rule 15.03. - A lawyer shall not represent conflicting interests except by CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND
written consent of all concerned given after a full disclosure of the facts. DILIGENCE.
Rule 15.04. - A lawyer may, with the written consent of all concerned, act as
mediator, conciliator or arbitrator in settling disputes.
Rule 15.05. - A lawyer when advising his client, shall give a candid and Rules 18.01 - A lawyer shall not undertake a legal service which he knows or
honest opinion on the merits and probable results of the client's case, should know that he is not qualified to render. However, he may render
neither overstating nor understating the prospects of the case. such service if, with the consent of his client, he can obtain as collaborating
Rule 15.06. - A lawyer shall not state or imply that he is able to influence any counsel a lawyer who is competent on the matter.
public official, tribunal or legislative body. Rule 18.02 - A lawyer shall not handle any legal matter without adequate
Rule 15.07. - A lawyer shall impress upon his client compliance with the laws preparation.
and the principles of fairness. Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him, and
Rule 15.08. - A lawyer who is engaged in another profession or occupation his negligence in connection therewith shall render him liable.
concurrently with the practice of law shall make clear to his client whether Rule 18.04 - A lawyer shall keep the client informed of the status of his case
he is acting as a lawyer or in another capacity. and shall respond within a reasonable time to the client's request for
information.
CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND
PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS PROFESSION. CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN
THE BOUNDS OF THE LAW.
Rule 16.01 - A lawyer shall account for all money or property collected or
received for or from the client. Rule 19.01 - A lawyer shall employ only fair and honest means to attain the
Rule 16.02 - A lawyer shall keep the funds of each client separate and apart lawful objectives of his client and shall not present, participate in presenting
from his own and those of others kept by him.
Presh 4
or threaten to present unfounded criminal charges to obtain an improper Rule 20.04 - A lawyer shall avoid controversies with clients concerning his
advantage in any case or proceeding. compensation and shall resort to judicial action only to prevent imposition,
Rule 19.02 - A lawyer who has received information that his client has, in injustice or fraud.
the course of the representation, perpetrated a fraud upon a person or
tribunal, shall promptly call upon the client to rectify the same, and failing CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE AND SECRETS OF
which he shall terminate the relationship with such client in accordance HIS CLIENT EVEN AFTER THE ATTORNEY-CLIENT RELATION IS TERMINATED.
with the Rules of Court.
Rule 19.03 - A lawyer shall not allow his client to dictate the procedure in
handling the case. Rule 21.01 - A lawyer shall not reveal the confidences or secrets of his client
except;
(a) When authorized by the client after acquainting him of the
CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES. consequences of the disclosure;
(b) When required by law;
(c) When necessary to collect his fees or to defend himself, his employees or
Rule 20.01 - A lawyer shall be guided by the following factors in determining associates or by judicial action.
his fees:chanroblesvirtuallawlibrary Rule 21.02 - A lawyer shall not, to the disadvantage of his client, use
(a) the time spent and the extent of the service rendered or required; information acquired in the course of employment, nor shall he use the
(b) the novelty and difficulty of the questions involved; same to his own advantage or that of a third person, unless the client with
(c) The importance of the subject matter; full knowledge of the circumstances consents thereto.
(d) The skill demanded; Rule 21.03 - A lawyer shall not, without the written consent of his client,
(e) The probability of losing other employment as a result of acceptance of give information from his files to an outside agency seeking such
the proffered case; information for auditing, statistical, bookkeeping, accounting, data
(f) The customary charges for similar services and the schedule of fees of processing, or any similar purpose.
the IBP chapter to which he belongs; Rule 21.04 - A lawyer may disclose the affairs of a client of the firm to
(g) The amount involved in the controversy and the benefits resulting to the partners or associates thereof unless prohibited by the client.
client from the service; Rule 21.05 - A lawyer shall adopt such measures as may be required to
(h) The contingency or certainty of compensation; prevent those whose services are utilized by him, from disclosing or using
(i) The character of the employment, whether occasional or established; and confidences or secrets of the clients.
(j) The professional standing of the lawyer. Rule 21.06 - A lawyer shall avoid indiscreet conversation about a client's
Rule 20.02 - A lawyer shall, in case of referral, with the consent of the client, affairs even with members of his family.
be entitled to a division of fees in proportion to the work performed and Rule 21.07 - A lawyer shall not reveal that he has been consulted about a
responsibility assumed. particular case except to avoid possible conflict of interest.
Rule 20.03 - A lawyer shall not, without the full knowledge and consent of
the client, accept any fee, reward, costs, commission, interest, rebate or CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD
forwarding allowance or other compensation whatsoever related to his CAUSE AND UPON NOTICE APPROPRIATE IN THE CIRCUMSTANCES.
professional employment from anyone other than the client.
Presh 5
Rule 22.01 - A lawyer may withdraw his services in any of the following
case:chanroblesvirtuallawlibrary WHO MAY PRACTICE LAW
(a) When the client pursues an illegal or immoral course of conduct in 1. Any person duly admitted as a member of the bar, or
connection with the matter he is handling; 2. admitted as such in accordance with the provisions of this rule, and
(b) When the client insists that the lawyer pursue conduct violative of these 3. who is in good and regular standing
canons and rules;
(c) When his inability to work with co-counsel will not promote the best REQUIREMENTS FOR APPLICANTS FOR ADMISSION TO BAR
interest of the client;
(d) When the mental or physical condition of the lawyer renders it difficult 1. citizen of the Philippines,
for him to carry out the employment effectively; 2. at least twenty-one years of age,
(e) When the client deliberately fails to pay the fees for the services or fails 3. of good moral character,
to comply with the retainer agreement; 4. resident of the Philippines; and
(f) When the lawyer is elected or appointed to public office; and 5. must produce before the Supreme Court satisfactory evidence of
(g) Other similar cases. good moral character, and that no charges against him, involving
Rule 22.02 - A lawyer who withdraws or is discharged shall, subject to a moral turpitude, have been filed or are pending in any court in the
retainer lien, immediately turn over all papers and property to which the Philippines.
client is entitled, and shall cooperative with his successor in the orderly
transfer of the matter, including all information necessary for the proper OTHER JURISDICTION
handling of the matter.
1. Citizens of the United States of America who, before July 4, 1946,
were duly licensed members of the Philippine Bar, in active practice
in the courts of the Philippines and in good and regular standing as
such may, upon satisfactory proof of those facts before the
Supreme Court, be allowed to continue such practice after taking
RULE 138 the following oath of office
Attorneys and Admission to Bar 2. Applicants for admission who, being Filipino citizens, are enrolled
Practice of Law attorneys in good standing in the Supreme Court of the United
States or in any circuit court of appeals or district court therein, or
“Practice of law means any activity, in or out of court, which requires the in the highest court of any State or Territory of the United States,
application of law, legal procedure, knowledge, training and experience. ‘To and who can show by satisfactory certificates that they have
engage in the practice of law is to perform those acts which are practiced at least five years in any of said courts, that such practice
characteristics of the profession. Generally, to practice law is to give notice began before July 4, 1946, and that they have never been
or render any kind of service, which device or service requires the use in any suspended or disbarred, may, in the discretion of the Court, be
degree of legal knowledge or skill. (Cayetano v. Monsod) admitted without examination.
Presh 8
importance of the subject matter of the controversy, the extent of the 9. soliciting cases at law for the purpose of gain, either personally or
services rendered, and the professional standing of the attorney. through paid agents or brokers, constitutes malpractice.
A written contract for services shall control the amount to be paid therefor No attorney shall be removed or suspended from the practice of his
unless found by the court to be unconscionable or unreasonable. profession, until he has had full opportunity upon reasonable notice to
answer the charges against him, to produce witnesses in his own behalf,
Unlawful retention of client's funds; contempt. and to be heard by himself or counsel. But if upon reasonable notice he
When an attorney unjustly retains in his hands money of his client after it fails to appear and answer the accusation, the court may proceed to
has been demanded, he may be punished for contempt determine the matter ex parte.
Service or dismissal. —
1. If the complaint appears to be meritorious, the Investigator shall
direct that a copy thereof be served upon the respondent, requiring
him to answer the same within fifteen (15) days from the date of
service.
2. If not, the same may be dismissed by the Board of Governors upon
his recommendation. A copy of the resolution of dismissal shall be
furnished the complainant and the Supreme Court which may
review the case motu propio or upon timely appeal of the
complainant filed within 15 days from notice of the dismissal of the
complainant.
SEC. 2. In performing judicial duties, judges shall be independent from SEC. 6. Judges shall be independent in relation to society in general and in
judicial colleagues in respect of decisions which the judge is obliged to relation to the particular parties to a dispute which he or she has to
make independently. adjudicate.
Presh 12
No ex-parte communication Maintaining a mistress and bringing said mistress in social gatherings
Keep distance and avoid invitations from litigants Sexual harassment, kissing, wiring love letters / poems / drawing genitals
No picture taking Asking intimidating questions while being drunk in a party
No meeting with litigants in places outside of the court Gambling like playing in slot machine
Punching a fellow judge in a disagreement
SEC. 7. Judges shall encourage and uphold safeguards for the discharge of Failure to supervise punching of daily time record
judicial duties in order to maintain and enhance the institutional and Going to the precinct to castigate police when driver figured in an accident
operational independence of the judiciary. Borrowing records of another court
SEC. 1. Judges shall ensure that not only is their conduct above reproach, A judge who did not wait for the filing of a memorandum despite the
but that it is perceived to be so in the view of a reasonable observer. period given to the litigant violates the process. It does not matter if the
decision is correct.
Mere appearance in prohibited or morally obscene places
Test : “Reasonable observer” SEC. 1. Judges shall perform their judicial duties without favor, bias or
No distinction as to public or private transactions prejudice.
Acts that commenced when judge was a practicing lawyer as when he
purchased a house and lot but refused to pay balanced when he became a Giving excuse for the mayor in leaving the court without permission
judge Allowing only the supporters of the mayor to enter the court room while
the petitioner is the only one allowed inside
SEC. 2. The behavior and conduct of judges must reaffirm the people’s Building the case of one party by asking questions that go into the merit of
faith in the integrity of the judiciary. Justice must not merely be done but the case (not clarificatory questions)
must also be seen to be done. Showing sympathy, bias gesture, impatience, angry voice
Meeting with one party outside court
Presh 13
Scheduling a hearing outside jurisdiction fairness and impartiality of the investigation was actually affected by the
publicity. (Atty. Roque vs. AFP, et al., Feb. 15, 2017)
SEC. 2. Judges shall ensure that his or her conduct, both in and out of
court, maintains and enhances the confidence of the public, the legal
profession and litigants in the impartiality of the judge and of the
judiciary. SEC. 5. Judges shall disqualify themselves from participating in any
proceedings in which they are unable to decide the matter impartially or in
Appearance of impartiality which it may appear to a reasonable observer that they are unable to
Riding with the litigant in an ocular inspection decide the matter impartially. Such proceedings include, but are not
Judge sent his son an errand but the son violated traffic rules. Judge cited limited to, instances where
traffic enforcer contempt of court
Judge announces in open court, he is “pro accused” (a) The judge has actual bias or prejudice concerning a party or personal
knowledge of disputed evidentiary facts concerning the proceedings;
SEC. 3. Judges shall, so far as is reasonable, so conduct themselves as to
minimize the (b) The judge previously served as a lawyer or was a material witness in
occasions on which it will be necessary for them to be disqualified from the matter in controversy;
hearing or deciding cases.
(c) The judge, or a member of his or her family, has an economic interest
Making comments on the lives of people in the community / cases like in the outcome of the matter in controversy;
ejectment even if he is not the one handling the case but there is
possibility that the case will be handled by the judge on appeal (d) The judge served as executor, administrator, guardian, trustee or
Attending parties lawyer in the case or matter in controversy, or a former associate of the
Socializing with parties even if case is already disposed of judge served as counsel during their association, or the judge or lawyer
Officiating marriage of the son of the accused in his (accused) house was a material witness therein;
Being a godfather in baptism or wedding
(e) The judge’s ruling in a lower court is the subject of review;
SEC. 4. Judges shall not knowingly, while a proceeding is before or could
come before them, make any comment that might reasonably be expected (f) The judge is related by consanguinity or affinity to a party litigant
to affect the outcome of such proceeding or impair the manifest fairness within the sixth civil degree or to counsel within the fourth civil degree; or
of the process. Nor shall judges make any comment in public or otherwise
that might affect the fair trial of any person or issue. (g) The judge knows that his or her spouse or child has a financial interest,
as heir, legatee, creditor, fiduciary, or otherwise, in the subject matter in
controversy or in a party to the proceeding, or any other interest that
could be substantially affected by the outcome of the proceedings;
Publicity does not, in and of itself, impair court proceedings. Even in the
highly publicized case of Webb, where the parties, their sympathizers, and
lawyers all participated in a media blitz, this Court required proof that the
Presh 14
In a 2020 SC Resolution, SC acts on judges, justices’ ‘invalid’ inhibition the fourth degree, computed according to the rules of the civil law, or in
from cases which he has been executor, administrator, guardian, trustee or counsel,
Justices of third level courts and judges of second- and first-level courts to or in which he has presided in any inferior court when his ruling or
refrain from inhibiting from cases without “just and valid” reason. decision is the subject of review, without the written consent of all parties
Under Administrative Order No. 62-2020, CJ Peralta directed the justices in interest, signed by them and entered upon the record.
of the third level courts and the second- and first-level courts judges to
specifically address “persistent reports,” citing Canon 3 of the New Code of A judge may, in the exercise of his sound discretion, disqualify himself
Judicial Conduct for the Philippine Judiciary, which puts a premium on the from sitting in a case, for just or valid reasons other than those mentioned
court’s impartiality in the discharge of the judicial office. above.
Under Section 1 of the Code, judges were urged to “perform their judicial From the above, the rule on disqualification and inhibition essentially
duties without favor, bias or prejudice.” involves two aspects, one being compulsory disqualification and the other
In issuing the order, the chief justice reminded them to “carry out judicial being voluntary inhibition.
duties with appropriate consideration for all persons, such as the parties,
witnesses, lawyers, court staff and judicial colleagues, without Compulsory disqualification assumes that a judge cannot actively or
differentiation on any irrelevant ground, immaterial to the proper impartially sit on a case for the reasons stated in the first paragraph of
performance of such duties.” Section 1, Rule 137 of the Rules. It has been said that the rationale for the
For stricter monitoring, Peralta has also issued a separate administrative rule on the compulsory disqualification of a judge or judicial officer is
order required all justices of the Court of Appeals, Sandiganbayan, and predicated on the long-standing precept that no judge should preside in a
Court of Tax Appeals as well as trial court judges, to submit to his office case in which he or she is not wholly independent, disinterested or
copies of temporary restraining orders (TROs), status quo ante orders impartial. Judges should not handle cases in which they might be
(SQAs), and writs of preliminary injunction (WPIs), and orders of voluntary perceived, rightly or wrongly, to be susceptible to bias and partiality. The
inhibition within five days of its issuance. rule is aimed at preserving at all times the people's faith and confidence in
our courts, which are essential to the effective administration of justice.
Judge should inhibit only on clear grounds (Chavez vs. Marcos, June 27,
2018) On the other hand, the aspect of voluntary inhibition, as stated in the
Judge cannot be charged administratively even how erroneous is the second paragraph, involves the use of discretion. Undoubtedly, it partakes
decision if there is no proof of bad faith. There should be manifest of voluntariness and is a matter of conscience that is addressed primarily
partiality. (Biado vs. Judge Brawner-Cualing, Feb. 15, 2017), (Sunico vs. to the judge's sense of fairness and justice.
Judge Gutierrez, Feb. 21, 2017).
This discretion is an acknowledgment of the fact that judges are in a better
Section 1, Rule 137 of the Rules of Court encapsulates the rules on the position to determine the issue of inhibition, as they are the ones who
disqualification and the inhibition of judicial officials. Thus: directly deal with the litigants in their courtrooms. The decision on
whether he should inhibit himself, however, must be based on his rational
Section 1. Disqualification of judges. No judge or judicial officer shall sit in and logical assessment of the circumstances prevailing in the case brought
any case in which he, or his wife or child, is pecuniarily interested as heir, before him.
legatee, creditor or otherwise, or in which he is related to either party
within the sixth degree of consanguinity or affinity, or to counsel within To guide the members of the bench, it should be stated that inhibition
Presh 15
must be for just and valid causes. Generally, the mere imputation of bias, Inhibition and disqualification in criminal cases are more strict than in civil
partiality and prejudgment will not suffice in the absence of clear and cases. If the accused is acquitted, there is practically no remedy on appeal
convincing evidence to overcome the presumption that the judge will by the prosecution except under Rule 65 of the Rules of Court.
undertake his noble role to dispense justice according to law and evidence
and without fear or favor. The disqualification of a judge cannot be based Filing of an administrative case against the judge is not a ground for
on mere speculations and surmises or be predicated on the adverse nature inhibition in the absence of factual basis for bias and prejudice.
of the judges rulings towards the movant for inhibition.46 In fact, this Court
has, on several instances, ruled that to warrant the judge's inhibition from Close friendship, being classmates, close door neighbor are not grounds
the case, bias or prejudice must be shown to have stemmed from an extra- unless these benefited the litigant / lawyer from his personal relations
judicial or extrinsic source. In other words, a judge must inhibit only if it is with the judge. Former clerk of court who testified in a formal matter is
shown that a judge's evident leaning towards a party would result in a not disqualified
disposition on the merits on some basis other than what the judge learned
from participating in the case.
SEC. 6. A judge disqualified as stated above may, instead of withdrawing
After all, the option given to a judge to choose whether or not to handle a from the proceeding, disclose on the records the basis of disqualification.
particular case should be counterbalanced by the judge's sworn duty to If, based on such disclosure, the parties and lawyers, independently of the
administer justice without fear of repression. judge’s participation, all agree in writing that the reason for the inhibition
is immaterial or unsubstantial, the judge may then participate in the
As with many rules, however, there are exceptions; such as -whenever it is proceeding. The agreement, signed by all parties and lawyers, shall be
shown that the consistency and regularity with which a judge issued the incorporated in the record of the proceedings.
assailed directives give rise, not to a fanciful suggestion or to a superficial
impression of partiality, but to a clear and convincing proof of bias and Waiver. Strictly construed.
prejudice, a judge may be directed to'inhibit himself from presiding over
the case. CANON 4
PROPRIETY
Thus, a presiding judge must maintain and preserve the trust and faith of
the parties litigants. He must hold himself above reproach and suspicion. Propriety and the appearance of propriety are essential to the
performance of all the activities of a judge.
At the very first sign of lack of faith and trust to his actions, whether well
grounded or not, the Judge has no other alternative but inhibit himself Judge who is a professor cannot violate confidentiality of pending
from the case. The better course for the Judge under such circumstances is administrative cases in the guise as an example as to how a judge should
to disqualify himself. That way, he avoids being misunderstood, his not be.
reputation for probity and objectivity is preserved. What is more Judge cannot invoke academic freedom in classroom where the daughter
important, the ideal of impartial administration of justice is lived tip to. of a fellow judge is his student.
Judge was acquitted in a bigamy case filed by one who is not a party but
cannot escape Code of Judicial Conduct
Presh 16
Heck vs. Santos (467 Phil. 789) Going to gambling places / cockfight / casino
Case is imprescriptible Being seen with a litigant in a motel even if no evidence of sexual
Can be filed by one who is not a party relations
Case is “one of a kind” (sui generis). Arriving court on Tuesday and going home of Thursday
Demanding the release of prisoner in the police custody
Receiving allowance from local government at a time judge was Soliciting money or property
suspended Cultivating “utang na loob” in the election of the PJA, like making
reservcations in
In Miller vs. Miller, Aug. 28, 2019, the SC considered the Memorandum in Hotels and resturants
a Special Proceedings Case an administrative complaint against the judge Sexual favors
Asking / obtaining loans from litigants / filing fees in court
Even if the charge was not specifically alleged in the complaint, the SC Accepting position in the Peace and Order Council
considered it as a basis to sanction judge as long as it was included in the Violating the prohibition of absolute disqualification to practice law in
evidence presented. private capacity
SALN ????????
SEC. 1. Judges shall avoid impropriety and the appearance of impropriety
in all of their activities. SEC. 3. Judges shall, in their personal relations with individual members of
the legal profession who practice regularly in their court, avoid situations
Self-laudatory proclamation, like being a bar topnotcher, graduate of a which might reasonably give rise to the suspicion or appearance of
“high standard university”, considering other “lower class” favoritism or partiality.
Judge who retired from the judiciary was disbarred and was denied of all
retirement benefits for holding on to commercial cases despite the change Engaging of excessive friendliness like inviting lawyer to eat lunch /
of his designation as a regular court (Judge, Jan. 28, 2020) drinking spree / Playing golf during office hours
Judge has the discretion to determine the amount of bail (Farres vs. Judge, Discourteous to litigants and lawyers
Oct. 14, 2019).
Using the court room as residence
Using the court address as personal address by husband of judge SEC. 4. Judges shall not participate in the determination of a case in which
Poking a gun any member of their family represents a litigant or is associated in any
Challenging lawyer to a fight manner with the case.
SEC. 2. As a subject of constant public scrutiny, judges must accept Executive Judge handled the application for notary public of his wife
personal restrictions that might be viewed as burdensome by the ordinary Justice who was the chair in the bar examination with a nephew (third
citizen and should do so freely and willingly. In particular, judges shall civil degree relations) as an examinee
conduct themselves in a way that is consistent with the dignity of the
judicial office.
Presh 17
SEC. 5. Judges shall not allow the use of their residence by a member of
the legal profession to receive clients of the latter or of other members of Litigants are incorporators of a corporation. Judge makes reasonable
the legal profession. effort.
SEC. 8. Judges shall not use or lend the prestige of the judicial office to
advance their private interests, or those of a member of their family or of
SEC. 6. Judges, like any other citizen, are entitled to freedom of anyone else, nor shall they convey or permit others to convey the
expression, belief, association and assembly, but in exercising such rights, impression that anyone is in a special position improperly to influence
they shall always conduct themselves in such a manner as to preserve the them in the performance of judicial duties.
dignity of the judicial office and the impartiality and independence of the
judiciary. Writing a recommendatory letter in behalf of another / using letter head
to introduce another
Partisan political activities
Attending / being invited in a proclamation rally
“Putang ina” , “putris” are improper even if it is a favorite expression SEC. 9. Confidential information acquired by judges in their judicial
Use of improper, insensitive, irrelevant, immaterial and insulting language capacity shall not be used or disclosed for any other purpose (not) related
or words such as, “moronic”, “idiot”, “big dick”, “Baklita”, etc in the to their judicial duties.
Order (Anonymous vs. Judge, March 2, 2020)
Egotistical title should not be used by the judge, like “Ph.D”, “Dr.”
(Anonymous vs. Judge, March 2, 2020)
SEC. 10. Subject to the proper performance of judicial duties, judges may
(a) Write, lecture, teach and participate in activities concerning the law,
In OCA Circular 173, the Supreme Court directed all judges and court the legal system, the administration of justice or related matters;
personnel to be watchful when sharing photographs and views or
comments in social networking sites like Facebook, Twitter and Instagram. (b) Appear at a public hearing before an official body concerned with
matters relating to the law, the legal system, the administration of justice
In communicating and socializing through social networks, judges must or related matters;
bear in mind that what they communicate — regardless of whether it is a
personal matter or part of his or her judicial duties—creates and (c) Engage in other activities if such activities do not detract from the
contributes to the people’s opinion not just of the judge but of the entire dignity of the judicial office or otherwise interfere with the performance of
judiciary of which he or she is a part.” judicial duties.
SEC. 7. Judges shall inform themselves about their personal fiduciary and SEC. 11. Judges shall not practice law whilst the holder of judicial office.
financial interests and shall make reasonable efforts to be informed about
the financial interests of members of their family. SEC. 12. Judges may form or join associations of judges or participate in
other organizations representing the interests of judges.
Presh 18
SEC. 13. Judges and members of their families shall neither ask for, nor SEC. 4. Judges shall not knowingly permit court staff or others subject to
accept, any gift, bequest, loan or favor in relation to anything done or to his or her influence, direction or control to differentiate between persons
be done or omitted to be done by him or her in connection with the concerned, in a matter before the judge, on any irrelevant ground.
performance of judicial duties.
SEC. 5. Judges shall require lawyers in proceedings before the court to
SEC. 14. Judges shall not knowingly permit court staff or others subject to refrain from manifesting, by words or conduct, bias or prejudice based on
their influence, direction or authority, to ask for, or accept, any gift, irrelevant grounds, except such as are legally relevant to an issue in
bequest, loan or favor in relation to anything done or to be done or proceedings and may be the subject of legitimate advocacy.
omitted to be done in connection with their duties or functions.
SEC. 15. Subject to law and to any legal requirements of public disclosure, CANON 6
judges may receive a token gift, award or benefit as appropriate to the COMPETENCE AND DILIGENCE
occasion on which it is made, provided that such gift, award or benefit
might not reasonably be perceived as intended to influence the judge in Competence and diligence are prerequisites to the due performance of
the performance of judicial duties or otherwise give rise to an appearance judicial office.
of partiality.
Judges should know their duties is solemnizing marriages (Tupal vs. Judge,
CANON 5 MTCC, Bacolod City, Feb. 24, 2014).
EQUALITY Gross ignorance of the law
Ignorance of pre-trial, delay, forcing litigants to compromise (Elgar vs. J, Feb.
Ensuring equality of treatment to all before the courts is essential to the 4, 2020).
due performance of the judicial office.
The Supreme Court declared that an administrative complaint is not the
SEC. 1. Judges shall be aware of, and understand, diversity in society and appropriate remedy for every act of a judge deemed aberrant or irregular
differences arising from various sources, including but not limited to race, where a judicial remedy exists and is available. The acts of a judge in his
color, sex, religion, national origin, caste, disability, age, marital status, judicial capacity are not subject to disciplinary action. A judge cannot be
sexual orientation, social and economic status and other like causes. civilly, criminally, or administratively liable for his official acts, no matter
how erroneous, provided he acts in good faith. It is only after the available
SEC. 2. Judges shall not, in the performance of judicial duties, by words or judicial remedies have been exhausted and the appellate tribunals have
conduct, manifest bias or prejudice towards any person or group on spoken with finality, that the door to an inquiry into his criminal, civil, or
irrelevant grounds. administrative liability may be said to have opened, or closed.
SEC. 3. Judges shall carry out judicial duties with appropriate consideration A judge who was the subject of an unfair administrative case can file a
for all persons, such as the parties, witnesses, lawyers, court staff and counter charge against the complainant.
judicial colleagues, without differentiation on any irrelevant ground,
immaterial to the proper performance of such duties.
Presh 19
SEC. 1. The judicial duties of a judge take precedence over all other Equanimity and judiciousness should be the constant marks of a dispenser
activities. of justice. A judge should always keep his passion guarded. He can never
allow it to run loose and overcome his reason. He descends to the level of
SEC. 2. Judges shall devote their professional activity to judicial duties, a sharp-tongued, ill-mannered petty tyrant when he utters harsh words,
which include not only the performance of judicial functions and snide remarks or sarcastic comments. As a result, he degrades the judicial
responsibilities in court and the making of decisions, but also other tasks office and erodes public confidence in the judiciary.
relevant to the judicial office or the court’s operations. Against this backdrop, respondent judge indeed appears arrogant and
boastful not only in the eyes of the anonymous complainant but also to
SEC. 3. Judges shall take reasonable steps to maintain and enhance their the lawyers who practice in his sala. He revealed a hint of arrogance in his
knowledge, skills and personal qualities necessary for the proper comment when he professed exasperation over minor procedural
performance of judicial duties, taking advantage for this purpose of the mistakes or even negligible lapses (such as the confusion in the use of
training and other facilities which should be made available, under judicial "collaborate" and "corroborate"). He also displayed a condescending
control, to judges. attitude toward lawyers in the provinces when he implied that they were
"inferior" to lawyers from Manila. As a judge, he should ensure that his
SEC. 4. Judges shall keep themselves informed about relevant conduct is always above reproach and perceived to be so by a reasonable
developments of international law, including international conventions observer. He must never show conceit or even an appearance thereof, or
and other instruments establishing human rights norms. any kind of impropriety.
WHAT IS THE ROLE OF LAWYERS?
SEC. 5. Judges shall perform all judicial duties, including the delivery of The dispensation of justice is a joint responsibility of the judge and the
reserved decisions, efficiently, fairly and with reasonable promptness. lawyer. A sense of shared responsibility which is a crucial factor in the
administration of justice is expected of them. They should co-exist in a
SEC. 6. Judges shall maintain order and decorum in all proceedings before spirit of cooperation and mutual respect, not animosity and derision.
the court and be patient, dignified and courteous in relation to litigants, Respondent judge antagonized the lawyers (private practitioners, public
witnesses, lawyers and others with whom the judge deals in an official attorneys and public prosecutors alike) appearing in his sala by his
capacity. Judges shall require similar conduct of legal representatives, perceived arrogance and insulting remarks. Consequently, he impaired the
court staff and others subject to their influence, direction or control. administration of justice.
CAN JUDGES INTERVENE IN PRESENTATION OF EVIDENCE?
Respondent judge unduly intervened in the presentation of evidence. He
HOW SHOULD A JUDGE TREAT LAWYERS, WITNESSES AND LITIGANTS? asked more questions than counsel and conducted direct and cross-
It is reprehensible for a judge to humiliate a lawyer, litigant or witness. examination of witnesses.
The act betrays lack of patience, prudence and restraint. Thus, a judge
must at all times be temperate in his language. He must choose his words, While a judge may properly intervene in a trial of a case to promote
written or spoken, with utmost care and sufficient control. The wise and expedition and prevent unnecessary waste of time, or to clear up some
just man is esteemed for his discernment. Pleasing speech increases his obscurity, nevertheless, he should bear in mind that his undue
persuasiveness. interference, impatience, or participation in the examination of witnesses,
WHAT IS THE ROLE OF THE JUDGE IN LITIGATION? or a severe attitude on his part toward witnesses, especially those who are
excited or terrified by the unusual circumstances of trial, may tend to
Presh 20
prevent the proper presentation of the cause, or the ascertainment of the “Judge’s family” includes a judge’s spouse, son, daughter, son-in-law,
truth in respect thereto. daughter-inlaw, and any other relative by consanguinity or affinity within
JUDGES NORMALLY CALL LAWYERS TO APPROACH THE BENCH: the sixth civil degree, or person who is a companion or employee of the
Conversation between the judge and counsel in court is often necessary, judge and who lives in the judge’s household.
but the judge should be studious to avoid controversies which are apt to
obscure the merits of the dispute between litigants and lead to its unjust This Code, which shall hereafter be referred to as the New Code of Judicial
disposition. In addressing counsel, litigants or witnesses, he should avoid a Conduct for the Philippine Judiciary, supersedes the Canons of Judicial
controversial tone. Ethics and the Code of Judicial Conduct heretofore applied in the
He should avoid interruptions of counsel in their arguments except to Philippines to the extent that the provisions or concepts therein are
clarify his mind as to their positions, and he should not be tempted to an embodied in this Code: Provided, however, that in case of deficiency or
unnecessary display of learning or a premature judgment. absence of specific provisions in this New Code, the Canons of Judicial
LIMITATION IN ASKING QUESTIONS Ethics and the Code of Judicial Conduct shall be applicable in a suppletory
A judge may properly intervene in the presentation of evidence to character.
expedite and prevent unnecessary waste of time and clarify obscure and
incomplete details in the course of the testimony of the witness or This New Code of Judicial Conduct for the Philippine Judiciary shall take
thereafter. Questions designed to clarify points and to elicit additional effect on the first day of June 2004, following its publication not later than
relevant evidence are not improper. But the judge should limit himself to 15 May 2004 in two newspapers of large circulation in the Philippines to
asking clarificatory questions and the power should be sparingly and ensure its widest publicity.
judiciously used. The rule is that the court should stay out of it as much as
possible, neither interfering nor intervening in the conduct of the trial. A Promulgated this 27th day of April 2004. The Code took effect on June 1,
judge must always maintain cold neutrality and impartiality for he is a 2004.
magistrate, not an advocate.
SEC. 7. Judges shall not engage in conduct incompatible with the diligent
discharge of judicial duties.
[A.M. No. 02-9-02-SC.September 17, 2002]
DEFINITIONS RE:AUTOMATIC CONVERSION OF SOME ADMINISTRATIVE CASES AGAINST
JUSTICES OF THE CA & THE SANDIGANBAYAN, et al.
In this Code, unless the context otherwise permits or requires, the EN BANC
following meanings shall be attributed to the words used: Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court
“Court staff” includes the personal staff of the judge including law clerks. dated 17 SEPT 2002.
A.M. No. 02-9-02-SC(Re: Automatic Conversion of Some Administrative
“Judge” means any person exercising judicial power, however designated. Cases Against Justices of the Court of Appeals and the Sandiganbayan;
Judges of Regular and Special Courts; and Court Officials Who are Lawyers
Presh 21
as Disciplinary Proceedings Against Them Both as Such Officials and as This administrative case against respondent shall also be considered as a
Members of the Philippine Bar.) disciplinary proceeding against him as a member of the Bar.
Some administrative cases against Justices of the Court of Appeals and the
Sandiganbayan; judges of regular and special courts; and court officials who SC Justices can only be removed by impeachment.
are lawyers are based on grounds which are likewise grounds for the
disciplinary action of members of the Bar for violation of the Lawyer's Oath, Judges must comment on the complaint and show cause why he should
the Code of Professional Responsibility, and the Canons of Professional not also be suspended, disbarred or otherwise disciplinary sanctioned as a
Ethics, or for such other forms of breaches of conduct that have been member of the Bar. Judgment in both respects may be incorporated in one
traditionally recognized as grounds for the discipline of lawyers. decision or resolution.
In any of the foregoing instances, the administrative case shall also be
considered a disciplinary action against the respondent Justice, judge or Administrative cases against judges are violations of the fundamental
court official concerned as a member of the Bar. The respondent may tenets of judicial conduct embodied in the new Code of Judicial Conduct for
forthwith be required to comment on the complaint and show cause why he the Philippine Judiciary, the Code of Judicial Conduct and the Canons of
should not also be suspended, disbarred or otherwise disciplinarily Judicial Ethics and the Canons of the Code of Professional Responsibility.
sanctioned as a member of the Bar. Judgment in both respects may be CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS
incorporated in one decision or resolution. OF THE LAND AND PROMOTE RESPECT FOR LAW AND FOR LEGAL
This Resolution shall supplement Rule 140 of the Rules of Court and shall PROCESSES.
take effect on the first day of October 2002. It shall apply to administrative
cases already filed where the respondents have not yet been required to Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or
comment on the complaints. deceitful act.
This is an administrative complaint for dishonesty and falsification of a Rule 10.01 - a lawyer shall not do any falsehood, nor consent to the doing of
public document against the judge when he did not disclose his pending any in court; nor shall he mislead or allow the court to be misled by any
administrative case when he applied and interviewed by the JBC as RTC artifice.
Judge.
The SC held that the making of untruthful statements in the PDS amounts to CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE
dishonesty and falsification of an official document. Dishonesty, being in the TO THE COURTS AND TO JUDICIAL OFFICERS AND SHOULD INSIST ON
nature of a grave offense, carries the extreme penalty of dismissal from the SIMILAR CONDUCT BY OTHERS.
service with forfeiture of retirement benefits except accrued leave credits,
and perpetual disqualification from reemployment in the government Since membership in the bar is an integral qualification for membership in
service. the bench, the moral fitness of a judge also reflects his moral fitness as a
Presh 22
lawyer. A judge who disobeys the basic rules of judicial conduct also violates
his oath as a lawyer. ATTY. PLARIDEL C. NAVA II, COMPLAINANT, VS. JUDGE OFELIA M. D.
ARTUZ, MUNICIPAL TRIAL COURT IN CITIES, BRANCH 5, ILOILO CITY,
In this particular case, respondent's dishonest act was against the lawyer's ILOILO, RESPONDENT.
oath to "do no falsehood, nor consent to the doing of any in court."
Respondent Judge was removed and disbarred. Complainant alleged that when respondent was still a prosecutor, she (1)
falsely and maliciously imputed a crime against him; (2) maliciously filed
ANOTHER CASE criminal cases against him, along with others, before the Department of
Complainant and the respondent judge were friends. Complainant charged Justice (DOJ), which were intended clearly to harass, annoy, vex, and
Judge with grave abuse of authority, grave misconduct, grave coercion, humiliate them; and (3) maligned her former superior. During the pendency
dishonesty, harassment, oppression and violation of Article 215 of the of the case, respondent was appointed and subsequently took her Oath of
Revised Penal Code (RPC) and the Canons of Judicial Ethics. The complaint Office as Presiding Judge.
alleged, among others, that respondent judge tried to sell a dilapidated
cargo pick-up truck and Daewoo car to complainant. Their friendship later Respondent was removed as a judge because she failed to indicate that she
on turned sour when they failed to reach an agreement on the commission has a pending administrative case in the DOJ when she applied as in the
respondent judge was supposed to receive as agent-broker for the judiciary. The SC found respondent judge guilty of Grave Misconduct,
contemplated sale of complainant's beach lot. Dishonesty, and Falsification in connection her acts as a prosecutor. Based
on the same ground, she was also disbarred.
Respondent judge denied the charge. He commented that he never owned
a dilapidated cargo pick-up truck and a Daewoo car. However, a perusal of What was the ground for the removal of respondent judge and her
respondent's Statements of Assets and Liabilities for the years 1998-2001 disbarment as a lawyer?
revealed that among his personal properties were a Daewoo car and an L- In her Order as a prosecutor she stated: Complainant should not compare
200 double cab. me to the barbaric, nomadic and outrageous attitude he had
displayed when he kicked somebody while his otherwise barbaric, nomadic
The SC removed respondent judge and considered administrative case as and outrageous father would punch another in his eyes which I have seen
disciplinary proceedings for disbarment as well. The SC stripped him of his with my own two eyes at the Lobby of the Hall of Justice; he should not
membership in the Integrated Bar of the Philippines. boldly display his bad manners and wrong conduct and arrogance in this
Office, by virtue of his being the godson of the City Prosecutor, among
others.
CANON 8 - A lawyer shall conduct himself with courtesy, fairness and candor
EN BANC towards his professional colleagues, and shall avoid harassing tactics against
[ A.C. No. 7253, February 18, 2020 ] opposing counsel.
ATTY. PLARIDEL C. NAVA II, COMPLAINANT, VS ATTY. OFELIA M. D.
ARTUZ,* RESPONDENT. Rule 8.01 - A lawyer shall not, in his professional dealings, use language
which is abusive, offensive or otherwise improper.
[A.M. No. MTJ-08-1717 (FORMERLY OCA IPI NO. 07-1911-MTJ)]
Presh 23
Case law instructs that "lawyers should treat their opposing counsels and
other lawyers with courtesy, dignity, and civility. A great part of their
comfort, as well as of their success at the bar, depends upon their relations
with their professional brethren. Since they deal constantly with each other,
they must treat one another with trust and respect. Any undue ill feeling
between clients should not influence counsels in their conduct and
demeanor toward each other. Mutual bickering, unjustified recriminations
and offensive behavior among lawyers not only detract from the dignity of
the legal profession, but also constitute highly unprofessional conduct
subject to disciplinary action."
Another RTC judge of Makati was removed for gross ignorance of the law
and gross misconduct when he granted probation to the 2 accused who
were originally charged with murder but were convicted of homicide.
Moreover, the judge credited them with 2 mitigating circumstances of self-
defense and voluntary surrender even if there was no evidence presented
and were never invoked by the accused. Homicide is punishable by reclusion
temporal (12 years and one day to 20 years). The accused applied for
probation. The judge ruled that with two mitigating circumstances (even if
not invoked) merited the approval of the application for probation (not
more than 6 years imprisonment).
Another Makati RTC Judge was dismissed due to her failure to report
marriages she solemnized. Her report shows that from November 2005 to
March 2007, she did not solemnize any marriage despite issuing 1,068
marriage certificates during the period.
Presh 24