I.

LEGAL ETHICS

A. PRACTICE OF LAW

1. Concept

Practice of law means any activity, in or out of court, which requires the application of law, legal
procedure, knowledge, training, and experience (Cayetano v. Monsod, G.R. No. 100113, September 3,
1991).

The following acts constitute practice of law:

a. Giving of advice or rendering any kind of service that involves legal knowledge; b. Appearance in
court and conduct of cases in court; c. Preparation of pleadings and other papers incident to actions as
well as drawing of deeds and instruments of conveyance; and d. Notarial acts.

a. Privilege

Nature of the practice of law

The practice of law is not a natural, property or constitutional right but a mere privilege. It is not a right
granted to anyone who demands it but a privilege to be extended or withheld in the exercise of sound
judicial discretion. It is a privilege accorded only to those who measure up to certain rigid standards of
mental and moral fitness.

NOTE: It becomes a property right if there is a contract for Attorney’s Fees.

b. Profession, not business

Law is a profession and not a trade

The legal profession is not a business. It is not a money-making trade similar to that of a businessman
employing a strategy for the purpose of monetary gain. It is a sacred profession imbued with public
interest whose primary objective is public service, as it is an essential part in the administration of
justice and a profession in pursuit of which pecuniary reward is considered merely incidental.

2. Qualifications

The Supreme Court has the power to promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law,
the Integrated Bar, and legal assistance to the underprivileged (Sec. 5(5), Art. VIII, 1987 Constitution).

Any person heretofore duly admitted as a member of the bar, or hereafter admitted as such in
accordance with the provisions of the rule, and who is in good and regular standing, is entitled to
practice law (Sec. 1, Rule 138, Rules of Court).

1. a Citizen of the Philippines; 2. At least 21 years of age; 3. Of Good moral character; 4. a Resident of
the Philippines; 5. Must produce before the SC satisfactory Evidence of good moral character; 6. No
charges against him, involving moral turpitude, have been filed or are pending in any court in the
Philippines (Sec. 2, Rule 138, RRC) 7. Must have complied with the Academic requirements; 8. Must Pass
the bar examinations; 9. Take the lawyer’s Oath; and 10. Sign the Roll of Attorneys.

NOTE: Being allowed to take the bar examinations, and consequently passing the bar, does not
necessarily entail being allowed to take the lawyer’s oath of office.

3. Continuing requirements for membership in the bar

a. Good moral character

Good moral character is a continuing requirement

The nature of the office of an attorney requires that a lawyer shall be a person of good moral character.
Since this qualification is a condition precedent to a license to enter upon the practice of law, the
maintenance thereof is equally essential during the continuance of the practice and the exercise of the
privilege (Grande v. Atty. De Silva, A.C. No. 4838, July 29, 2003).

Well-settled is the rule that good moral character is not only a condition precedent for admission to the
legal profession, but it must also remain intact in order to maintain one’s good standing in that exclusive
and honored fraternity (Tapucar v. Tapucar, A.C. No. 4148, July 30, 1998).

The requirement of good moral character has four general purposes, namely:

1. To protect the public; 2. To protect the public image of lawyers; 3. To protect prospective clients; and
4. To protect errant lawyers from themselves.

b. Citizenship; reacquisition of the privilege to practice law in the Philippines

4. Appearance of non-lawyers

Appearance of non-lawyers

GR: Only those who are licensed to practice law can appear and handle cases in court.

XPNs: 1. Law student practice; 2. Non-lawyers in court can appear for a party in MTC; and

NOTE: Section 34, Rule 138 of the Revised Rules of Court expressly allows pro se practice or the right of
a non-member of the bar to engage in limited practice of law (Antiquiera, 1992).

3. Non-lawyers can represent parties in administrative tribunals such as NLRC, DARAB, and Cadastral
Courts.

a. Law student practice

A law student who has successfully completed his third year of the regular four-year prescribed law
curriculum and is enrolled in a recognized law school's clinical legal education program approved by the
Supreme Court, may appear without compensation in any civil, criminal or administrative case before
any trial court, tribunal, board or officer, to represent indigent clients accepted by the legal clinic of the
law school (Sec. 1, Rule 138-A).
The appearance of the law student authorized by this rule, shall be under the direct supervision and
control of a member of the Integrated Bar of the Philippines duly accredited by the law school. Any and
all pleadings, motions, briefs, memoranda or other papers to be filed, must be signed by the supervising
attorney for and in behalf of the legal clinic (Sec. 2, Rule 138-A).

NOTE: The law student shall comply with the standards of professional conduct governing members of
the Bar. Failure of an attorney to provide adequate supervision of student practice may be a ground for
disciplinary action (Circular No.19, dated December 19, 1986).

The law student shall comply with the standards of professional conduct governing members of the Bar.
Failure of an attorney to provide adequate supervision of student practice may be a ground for
disciplinary action (Circular No.19, dated December 19, 1986).

b. Non-lawyers in courts

Non-lawyers in court

The following are the instances whereby nonlawyers may appear in court:

1. Cases before the MTC: A party to the litigation, may conduct his own case or litigation in person, with
the aid of an agent or friend appointed by him for that purpose (Sec. 34, Rule 138, RRC);

2. Before any other court, a party may conduct his litigation personally but if he gets someone to aid
him, that someone must be authorized member of the Bar (Sec. 34, Rule 138, RRC);

NOTE: A non-lawyer conducting his own litigation is bound by the same rules in conducting the trial
case. He cannot after judgment, claim that he was not properly represented.

3. Criminal case before the MTC in a locality where a duly licensed member of the Bar is not available,
the judge may appoint a non- lawyer who is a:

a. Resident of the province; and b. Of good repute for probity and ability to aid the accused in his
defense (Sec. 7, Rule 116, RRC); and

4. Any official or other person appointed or designated to appear for the Government of the Philippines
in accordance with law (Sec. 33, Rule 138, RRC).
NOTE: Such person shall have all the rights of a duly authorized member of the Bar to appear in any case
in which said government has a direct or indirect interest (Sec. 33, Rule 138, RRC).

c. Non-lawyers in administrative tribunals and labor tribunals

1. Under the Labor Code, non-lawyers may appear before the NLRC or any Labor Arbiter, if:

a. They represent themselves; or b. They represent their organization or members thereof (Art. 222, PD
442, as amended) (2002 Bar); or c. If they are duly accredited members of any legal aid office duly
recognized by the Department of Justice, or the Integrated Bar of the Philippines in cases referred to by
the latter.

NOTE: He is not, however, entitled to attorney’s fees under Article 222 of the Labor Code for not being a
lawyer (Five J. Taxi v. NLRC, G.R. No. 111474, August 22, 1994).

2. Under the Cadastral Act, a non-lawyer can represent a claimant before the Cadastral Court (Sec. 9,
Act No. 2259).

d. Proceedings where lawyers are prohibited from appearing

1. Proceedings before the Small Claims Court - No attorney shall appear in behalf of or represent a party
at the hearing, unless the attorney is the plaintiff or defendant (Sec. 17, Rule of Procedure for Small
Claims Cases).

NOTE: If the court determines that a party cannot properly present his/her claim or defense and needs
assistance, the court may, in its discretion, allow another individual who is not an attorney to assist that
party upon the latter’s consent. (Sec. 17, Rule of Procedure for Small Claims Cases)

2. Proceedings before the Katarungang Pambarangay - During the pre-trial conference under the Rules
of Court, lawyers are prohibited from appearing for the parties. Parties must appear in person only
except minors or incompetents who may be assisted by their next of kin who are not lawyers (P.D. No.
1508, Formerly Sec. 9; Local Government Code of 1991, R.A. 7160, Sec. 415).

5. Sanctions for practice or appearance without authority

Remedies against practice of law without authority [ICE-DA]

1. Petition for Injunction; 2. Contempt of court; 3. Criminal complaint for Estafa against a person who
falsely represented himself to be an attorney to the damage of a party; 4. Disqualification and
complaints for disbarment; or 5. Administrative complaint against the erring lawyer or government
official.
a. Lawyers without authority

b. Persons not lawyers

They shall be punished with contempt of court, severe censure and three (3) months imprisonment
because of the highly fraudulent and improper conduct tending directly to impede, obstruct, degrade,
and make a mockery of the administration of justice (Manangan v. CFI, G.R. No. 82760, August 30, 1990;
Lapena, 2009).

A person who has been refused admission to the bar by order of the Supreme Court but nonetheless
attempts to practice law is guilty of indirect contempt. (2014 Bar)

6. Public officials and practice of law

Prohibited acts or omissions of public officers

1. Accepting or having any member of his family accept employment in a private enterprise which has
pending official business with him during the pendency thereof or within one year after termination.
(Sec. 3[d], RA 3019); 2. Own, control, manage or accept employment as officer, employee, consultant,
counsel, broker, agent, trustee or nominee in any private enterprise regulated, supervised or licensed by
their office unless expressly allowed by law (Sec. 7[b], RA 6713);

3A lawyer shall not, after leaving a government service, accept engagement or employment in
connection with any matter in which he had intervened. while in said service (Rule 6.03, CPR); and 4. A
lawyer should not accept employment as an advocate in any matter upon the merits which he has
previously acted in a judicial capacity (Canon 36, CPE).

NOTE: These prohibitions shall continue to apply for a period of 1 year after resignation, or separation
from public office. The 1-year prohibition shall also apply in connection with any matter before the office
he used to be with.

GR: The appointment or election of an attorney to a government office disqualifies him from engaging in
the private practice of law.

Reason: A public office is a public trust, and a public officer or employee is obliged not only to perform
his duties with the highest degree of responsibility, integrity, loyalty and efficiency but also with
exclusive fidelity.

This disqualification is intended to:

a. Preserve public trust in a public office; b. Avoid conflict of interests or a possibility thereof; and c.
Assure the people of impartiality in the performance of public functions and thereby promote the public
welfare.

Public officials not allowed to engage in law practice (Absolute Prohibition) [JOPPC2OMS]:

1. Judges and other officials and employees of the Supreme Court (Sec. 35, Rule 148, RRC); 2. Officials
and employees of the OSG (Ibid.); 3. Government Prosecutors (People v. Villanueva, G.R. No. L-19450,
May 27, 1965); 4. President, Vice-President, Members of the Cabinet, their deputies and assistants (Sec.
13, Art VII, 1987 Constitution); 5. Members of the Constitutional Commission (Sec. 2, Art IX-A, 1987
Constitution); 6. Civil Service Officers or employees whose duties and responsibilities require that their
entire time be at the disposal of the government (Ramos v. Rada, A.M. No. 202, July 22, 1975); 7.
Ombudsman and his deputies (Sec. 8 [second par.], Art. IX, 1987 Constitution); 8. All governors, city and
municipal Mayors (Sec. 90, R.A. No. 7160); and 9. Those prohibited by Special laws.

a. Prohibition or disqualification of former government attorneys

Prohibition or disqualification of former government attorneys

A lawyer shall not, after leaving government service, accept engagement or employment in connection
with any matter in which he had intervened while in said service (Canon 6, Rule 6.03, CPR).

The evil sought to be avoided by this provision is the possibility of a lawyer who just retired, resigned or
separated from the government of using his influence for his own private benefit (Antiquiera, 1992).

7. Lawyers authorized to represent the government

Lawyers authorized to represent the government

Solicitor General (Sol. Gen.) for the National Government, and any person appointed to appear for the
government of the Philippines in accordance with law (Sec. 33, Rule 138, RRC).

In case of Local Government Units (LGU), they are represented by a legal officer which provides legal
assistance or support to the mayor or governor and represents the LGU in all civil actions and special
proceedings wherein it or any of its officials are involved in an official capacity (Sec. 481, LGC).

NOTE: In criminal cases, the Sol. Gen. steps in only when the case has already reached the Court of
Appeals. While it is with the lower courts, it is the public prosecutor which represents the government.
Duties of the Solicitor General

The Solicitor General, in his discretion, may pursue any of the following actions:

1. Prosecute; 2. Not to prosecute; 3. To abandon a prosecution already started; or 4. To take a position

adverse to the People of the Philippines in a criminal case or to that of a government agency or official,
when he believes that justice will be served by taking a different stand.

Duty of the Solicitor General to represent one party whereby two government agencies are in conflict

It is incumbent upon the Solicitor General to present to the court that which would legally uphold the
best interest of the government. The other government agency adversely affected, if it still believes in
the merits of its case, may appear on its own behalf through its legal officer or representative.

8. Lawyer's oath

I, _____(name)______________, of ____(permanent address)_____________, do solemnly swear that I

will maintain allegiance to the Republic of the Philippines, I will support and defend its Constitution and
obey the laws as well as the legal orders of the duly constituted authorities therein; I will do no
falsehood nor consent to its commission; I will not wittingly or willingly promote or sue any groundless,
false or unlawful suit nor give aid nor consent to the same; I will not delay any man’s cause for money or
malice and will 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 impose upon myself this obligation voluntarily,
without any mental reservation or purpose of evasion. So help me God. ---

B. DUTIES AND RESPONSIBILITIES OF A LA WYER

Four-fold duty of a lawyer

1. Public/Society – He must not undertake any action which violates his responsibility to the society as a
whole, he must be an example in the community for his uprightness as a member of the society. The
lawyer must be ready to render legal aid, foster legal reforms, be a guardian of due process, and aware
of his special role in the solution of special problems and be always ready to lend assistance in the study
and solution of social problems (Canon 1-6, CPR).

2. Bar/Legal Profession – Observe candor, fairness, courtesy and truthfulness in his conduct towards
other lawyers, avoid encroachment in the business of other lawyers and uphold the honor of the
profession. (Canon 7-9, CPR)
3. Courts – A lawyer must maintain towards the court a respectful attitude, defend against unjust
criticisms, uphold the court’s authority and dignity, obey court orders and processes, assists in the
administration of justice (Canon 10-13, CPR).

4. Clients – The lawyer owes entire devotion to the interest of his client, warm and zeal in the
maintenance of the defense of his rights and exertion of utmost learning ability to the end that nothing
be taken or withheld from his client except in accordance with law. He owes a duty of competent and
zealous representation to the client, and should preserve his client’s secrets, preserve his funds and
property and avoid conflicts of interest (Canon 14- 22, CPR).

1. Society

a. Respect for law and legal processes

CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND
AND PROMOTE RESPECT FOR LAW OF AND LEGAL PROCESSES.
Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or
deceitful conduct.
Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of
the law or at lessening confidence in the legal system.
Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage
any suit or proceeding or delay any man's cause.
Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a
controversy if it will admit of a fair settlement.

b. Efficient and convenient legal services

CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND
CONVENIENT MANNER COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND
EFFECTIVENESS OF THE PROFESSION.
Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of
the defenseless or the oppressed.
Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall
not refuse to render legal advice to the person concerned if only to the
extent necessary to safeguard the latter's rights.
Rule 2.03 - A lawyer shall not do or permit to be done any act designed
primarily to solicit legal business.
Rule 2.04 - A lawyer shall not charge rates lower than those customarily
prescribed unless the circumstances so warrant.

c. True, honest, fair, dignified, and objective information on legal services

A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE ONLY TRUE, HONEST, FAIR,
DIGNIFIED AND OBJECTIVE INFORMATION OR STATEMENT OF FACTS.
Rule 3.01 - A lawyer shall not use or permit the use of any false, fraudulent,
misleading, deceptive, undignified, self-laudatory or unfair statement or
claim regarding his qualifications or legal services.
Rule 3.02 - In the choice of a firm name, no false, misleading or assumed 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
said partner is deceased.
Rule 3.03 - Where a partner accepts public office, he shall withdrawal from
the firm and his name shall be dropped from the firm name unless the law
allows him to practice law currently.
Rule 3.04 - A lawyer shall not pay or give anything of value to
representatives of the mass media in anticipation of, or in return for,
publicity to attract legal business.

d. Participation in the improvements and reforms in the legal system

e. Participation in legal education program

f. Lawyers in government service discharging their tasks

CANON 4 - A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THE LEGAL SYSTEM BY
INITIATING OR SUPPORTING EFFORTS IN LAW REFORM AND IN THE IMPROVEMENT OF THE
ADMINISTRATION OF JUSTICE.
CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS, PARTICIPATE IN
CONTINUING LEGAL EDUCATION PROGRAMS, SUPPORT EFFORTS TO ACHIEVE HIGH STANDARDS
IN LAW SCHOOLS AS WELL AS IN THE PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST
IN DISSEMINATING THE LAW AND JURISPRUDENCE.
CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICES IN THE
DISCHARGE OF THEIR TASKS.
Rule 6.01 - The primary duty of a lawyer engaged in public prosecution is not
to convict but to see that justice is done. The suppression of facts or the
concealment of witnesses capable of establishing the innocence of the accused
is highly reprehensible and is cause for disciplinary action.
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
interfere with his public duties.
Rule 6.03 - A lawyer shall not, after leaving government service, accept
engagement or employment in connection with any matter in which he had
intervened while in said service.

2. The legal profession

a. Integrated Bar of the Philippines

The Integration of the Philippine Bar means the official unification of the entire lawyer population, and
this requires membership and financial support of every attorney as condition sine qua non to the
practice of law and the retention of his name in the Roll of Attorneys of the Supreme Court (Pineda,
1999).

b. Membership and dues

Every member of the Integrated Bar shall pay such annual dues as the Board of Governors shall
determine with the approval of the Supreme Court. A fixed sum equivalent to ten percent (10%) of the
collections from each Chapter shall be set aside as a Welfare Fund for disabled members of the Chapter
and the compulsory heirs of deceased members thereof. (Sec. 9, Rule 139-A, RRC)

NOTE: Membership dues are not prohibited by the Constitution. The fee is imposed as a regulatory
measure, designed to raise funds for carrying out the purposes and objectives of the integration (In the
Matter of IBP Membership dues delinquency of Atty. Marcial Edillon, A.M. No. 1928, August 3, 1978).

Effect of non-payment of dues

Default in the payment of annual dues for six months shall warrant suspension of membership in the
Integrated Bar, and default in such payment for one year shall be a ground for the removal of the name
of the delinquent member from the Roll of Attorneys (Sec. 10, Rule 139-A, RRC) subject to the
requirement of due process. (Funa, 2009)

c. Upholding the dignity and integrity of the profession

CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND DIGNITY OF THE
LEGAL PROFESSION AND SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR.
 
Rule 7.01 - A lawyer shall be answerable for knowingly making a false
statement or suppressing a material fact in connection with his application
for admission to the bar.
Rule 7.02 - A lawyer shall not support the application for admission to the
bar of any person known by him to be unqualified in respect to character,
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,
behave in a scandalous manner to the discredit of the legal profession.

d. Courtesy, fairness, and candor towards professional colleagues

 CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS AND CANDOR
TOWARDS HIS PROFESSIONAL COLLEAGUES, AND SHALL AVOID HARASSING TACTICS AGAINST
OPPOSING COUNSEL.
 
Rule 8.01 - A lawyer shall not, in his professional dealings, use language
which is abusive, offensive or otherwise improper.
Rule 8.02 - A lawyer shall not, directly or indirectly, encroach upon the
professional employment of another lawyer, however, it is the right of any
lawyer, without fear or favor, to give proper advice and assistance to those
seeking relief against unfaithful or neglectful counsel.

e. No assistance in unauthorized practice of law

CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN THE

UNAUTHORIZED PRACTICE OF LAW.
 
Rule 9.01 - A lawyer shall not delegate to any unqualified person the
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: chanroblesvirtuallawlibrary

(a) Where there is a pre-existing agreement with a partner or associate that,

upon the latter's death, money shall be paid over a reasonable period of time
to his estate or to persons specified in the agreement; or
(b) Where a lawyer undertakes to complete unfinished legal business of a
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 sharing
agreement.

3. The courts

a. Candor, fairness, and good faith towards the courts

CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT.
 
Rule 10.01 - A lawyer shall not do any falsehood, nor consent to the doing of
any in Court; nor shall he mislead, or allow the Court to be misled by any
artifice.
Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the
contents of a paper, the language or the argument of opposing counsel, or 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 10.03 - A lawyer shall observe the rules of procedure and shall not
misuse them to defeat the ends of justice.
b. Respect for courts and judicial officers

CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE TO THE COURTS
AND TO JUDICIAL OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT BY OTHERS.
 
Rule 11.01 - A lawyer shall appear in court properly attired.
Rule 11.02 - A lawyer shall punctually appear at court hearings.
Rule 11.03 - A lawyer shall abstain from scandalous, offensive or menacing
language or behavior before the Courts.
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
authorities only.

c. Assistance in the speedy and efficient administration of justice

CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS DUTY TO
ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE.
 
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
adduce and the order of its proferrence. He should also be ready with the
original documents for comparison with the copies.
Rule 12.02 - A lawyer shall not file multiple actions arising from the same
cause.
Rule 12.03 - A lawyer shall not, after obtaining extensions of time to file
pleadings, memoranda or briefs, let the period lapse without submitting the
same or offering an explanation for his failure to do so.
Rule 12.04 - A lawyer shall not unduly delay a case, impede the execution of a
judgment or misuse Court processes.
Rule 12.05 - A lawyer shall refrain from talking to his witness during a break
or recess in the trial, while the witness is still under examination.
Rule 12.06 - A lawyer shall not knowingly assist a witness to misrepresent
himself or to impersonate another.
Rule 12.07 - A lawyer shall not abuse, browbeat or harass a witness nor
needlessly inconvenience him.
Rule 12.08 - A lawyer shall avoid testifying in behalf of his client,
except: chanroblesvirtuallawlibrary

(a) on formal matters, such as the mailing, authentication or custody of an

instrument, and the like; or
(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.
d. Reliance on merits of case, not on impropriety tending to influence the courts

CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND REFRAIN FROM
ANY IMPROPRIETY WHICH TENDS TO INFLUENCE, OR GIVES THE APPEARANCE OF
INFLUENCING THE COURT.
 
Rule 13.01 - A lawyer shall not extend extraordinary attention or hospitality
to, nor seek opportunity for cultivating familiarity with Judges.
Rule 13.02 - A lawyer shall not make public statements in the media regarding
a pending case tending to arouse public opinion for or against a party.
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.

4. The clients

a. Availability of service without discrimination - CANON 14 - A LAWYER SHALL NOT REFUSE

HIS SERVICES TO THE NEEDY.

i. Services regardless of person's status - Rule 14.01 - A lawyer shall not decline to represent a
person solely on account of the latter's race, sex. creed or status of life, or because of his
own opinion regarding the guilt of said person.

ii. Services as counsel de oficio-

Rule 14.02 - A lawyer shall not decline, except for serious and sufficient cause, an
appointment as counsel de officio or as amicus curiae, or a request from the Integrated Bar of
the Philippines or any of its chapters for rendition of free legal aid.

iii. Valid grounds for refusal-

Rule 14.03 - A lawyer may not refuse to accept representation of an indigent

client unless: chanroblesvirtuallawlibrary

(a) he is not in a position to carry out the work effectively or competently;

(b) he labors under a conflict of interest between him and the prospective
client or between a present client and the prospective client.
Rule 14.04 - A lawyer who accepts the cause of a person unable to pay his
professional fees shall observe the same standard of conduct governing his
relations with paying clients.

b. Candor, fairness, and loyalty to clients

i. Confidentiality rule

It means the relation between lawyer and client or guardian and ward, or between spouses, with regard
to the trust that is placed in the one by the other (Black’s Law Dictionary 7th Edition 1990, 2004).

A lawyer shall preserve the confidences and secrets of his client even after the attorney-client relation is
terminated (Canon 21, CPR).
It is one of the duties of a lawyer, as provided for in the Rules of Court, to maintain inviolate the
confidence, and at every peril to himself, to preserve the secrets of his client (Sec. 20(e), Rule 138, RRC).

ii. Privileged communication

Rule 15.02.- A lawyer shall be bound by the rule on privilege communication in respect of
matters disclosed to him by a prospective client.

iii. Conflict of interest

Rule 15.01. - A lawyer, in conferring with a prospective client, shall ascertain as soon as
practicable whether the matter would involve a conflict with another client or his own
interest, and if so, shall forthwith inform the prospective client.

Rule 15.03. - A lawyer shall not represent conflicting interests except by written consent of
all concerned given after a full disclosure of the facts.

iv. Candid and honest advice to clients

Rule 15.05. - A lawyer when advising his client, shall give a candid and honest opinion on
the merits and probable results of the client's case, neither overstating nor understating the
prospects of the case.

v. Compliance with laws

Rule 15.07. - A lawyer shall impress upon his client compliance with the laws and the
principles of fairness.

vi. Concurrent practice with another profession

Rule 15.08. - A lawyer who is engaged in another profession or occupation concurrently with
the practice of law shall make clear to his client whether he is acting as a lawyer or in
another capacity.

c. Client's money and properties

i. Fiduciary relationship
Rule 16.01 - A lawyer shall account for all money or property collected or received for or
from the client.

ii. Co-mingling of funds

Rule 16.02 - A lawyer shall keep the funds of each client separate and apart from his own
and those of others kept by him.

iii. Delivery of funds

Rule 16.03 - A lawyer shall deliver the funds and property of his client when due or upon
demand. However, he shall have a lien over the funds and may 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 have a lien to the same extent on all judgments and
executions he has secured for his client as provided for in the Rules of Court.

iv. Borrowing or lending

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 independent advice. Neither shall a lawyer
lend money to a client except, when in the interest of justice, he has to advance necessary
expenses in a legal matter he is handling for the client.

d. Fidelity to client's cause

CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE SHALL BE
MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM.
i. Use of fair and honest means
Rule 19.01 - A lawyer shall employ only fair and honest means to attain the lawful
objectives of his client and shall not present, participate in presenting or threaten to present
unfounded criminal charges to obtain an improper advantage in any case or proceeding.

ii. Client's fraud

Rule 19.02 - A lawyer who has received information that his client has, in 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 which he shall terminate the relationship with such
client in accordance with the Rules of Court.

iii. Procedure in handling cases

Rule 19.03 - A lawyer shall not allow his client to dictate the procedure in handling the case.

e. Competence and diligence

CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND DILIGENCE.

i. Adequate protection
Rule 18.02 - A lawyer shall not handle any legal matter without adequate preparation.

ii. Negligence
Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him, and his negligence
in connection therewith shall render him liable.

iii. Collaborating counsel

Rules 18.01 - A lawyer shall not undertake a legal service which he knows or should know
that he is not qualified to render. However, he may render such service if, with the consent
of his client, he can obtain as collaborating counsel a lawyer who is competent on the
matter.
iv. Duty to apprise client

Rule 18.04 - A lawyer shall keep the client informed of the status of his case
and shall respond within a reasonable time to the client's request for
information.

f. Representation with zeal within legal bounds

CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS
OF THE LAW.

g. Attorney's fees
CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES.

Rule 20.01 - A lawyer shall be guided by the following factors in determining

his fees: chanroblesvirtuallawlibrary

(a) the time spent and the extent of the service rendered or required;
(b) the novelty and difficulty of the questions involved;
(c) The importance of the subject matter;
(d) The skill demanded;
(e) The probability of losing other employment as a result of acceptance of
the proffered case;
(f) The customary charges for similar services and the schedule of fees of the
IBP chapter to which he belongs;
(g) The amount involved in the controversy and the benefits resulting to the
client from the service;
(h) The contingency or certainty of compensation;
(i) The character of the employment, whether occasional or established; and
(j) The professional standing of the lawyer.

i. Acceptance fees

An acceptance fee is not a contingent fee, but is an absolute fee arrangement which entitles a lawyer to
get paid for his efforts regardless of the outcome of the litigation. Dissatisfaction from the outcome of
the cases would not render void the retainer agreement

1i. Contingency fee arrangements

Contingency fee contract

One which stipulates that the lawyer will be paid for his legal services only if the suit or litigation ends
favorably to the client. (Taganas v. NLRC, G.R. No. 118746, September 7, 1995)
It is like a contract subject to a suspensive condition wherein the obligation to pay the counsel is based
upon the outcome of the case.

Contingent fees are sanctioned by the CPE and by the CPR subject to certain limitations. (Licudan v. CA,
G.R. No. 91958, January 24, 1991)

NOTE: If a lawyer employed on contingent basis dies or becomes disabled before the final adjudication
or settlement of the case has been obtained, he or his estate will be allowed to recover the reasonable
value of the services rendered. The recovery will be allowed only after the successful termination of the
litigation in the client’s favor. (Morton v. Forsee, Ann. Cas. 1914 D. 197; Lapena, 2009, Pineda, 2009)

ii. Champertous contracts

Champertous contract

Is one where the lawyer stipulates with his client in the prosecution of the case that he will bear all the
expenses for the recovery of things or property being claimed by the client, and the latter agrees to pay
the former a portion of the thing or property recovered as compensation. It is void for being against
public policy (like gambling).

NOTE: A champertous contract is considered void due to public policy, because it would make him
acquire a stake in the outcome of the litigation which might lead him to place his own interest above
that of the client. (Bautista v. Gonzales, A.M. No. 1625, February 12, 1990)

iv. Attorney's liens

A retaining lien is the right of an attorney to retain the funds, documents and papers of his client who
have lawfully come into his possession and may retain the same until his lawful fees and disbursements
have been paid, and may apply such funds to the satisfaction thereof.

NOTE: A lawyer is not entitled to unilaterally appropriate his client’s money for himself by the mere fact
alone that the client owes him attorney’s fees. (Rayos v. Hernandez, G.R. No. 169079, February 12,
2007)

Requisites in order for an attorney to be able to exercise his retaining lien [ALU]
1. Attorney-client relationship; 2. Lawful possession by the lawyer of the client’s funds, documents and
papers in his professional capacity; and 3. Unsatisfied claim for attorney’s fees or disbursements.

Attorney’s charging lien

A charging lien is the right of a lawyer to the same extent upon all judgments for the payment of
money, and executions issued in pursuance of such judgments which he has secured in a litigation of his
client, from and after the time when he shall have caused a statement of his claim of such lien to be
entered upon the records of the court rendering such judgment, or issuing such execution, and shall
have caused written notice thereof to be delivered to his client and to the adverse party; and he shall
have the same right and power over such judgments and executions as his client would have to enforce
his lien and secure the payment of his fees and disbursements. (Sec. 37, Rule 138, RRC)

Requisites in order for an attorney to be able to exercise his charging lien

1. Existence of attorney-client relationship; 2. The attorney has rendered services; 3. Favorable money
judgment secured by the counsel for his client; 4. The attorney has a claim for attorney’s fees or
advances; and 5. A statement of the claim has been duly recorded in the case with notice thereof
served upon the client and the adverse party.

NOTE: A charging lien, to be enforceable as a security for the payment of attorney’s fees, requires as a
condition sine qua non a judgment for money and execution in pursuance of such judgment secured in
the main action by the attorney in favor of his client.

RETAINING

v. Fees and controversies with clients

Rule 20.02 - A lawyer shall, in case of referral, with the consent of the
client, be entitled to a division of fees in proportion to the work performed
and responsibility assumed.
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
forwarding allowance or other compensation whatsoever related to his
professional employment from anyone other than the client.
Rule 20.04 - A lawyer shall avoid controversies with clients concerning his
compensation and shall resort to judicial action only to prevent imposition,
injustice or fraud.

vi. Concepts of attorney's fees

Two concepts of attorney’s fees

1. Ordinary attorney's fee – The reasonable compensation paid to a lawyer by his client for the legal
services he has rendered to the latter (Pineda, 2009).

NOTE: The basis for this compensation is the fact of his employment by and his agreement with the
client.

2. Extraordinary attorney's fee – An indemnity for damages ordered by the court to be paid by the
losing party in litigation.

NOTE: The basis for this is any of the cases provided for by law where such award can be made, such as
those authorized in Article 2208 of the Civil Code, and is payable to the client, NOT to the lawyer unless
they have agreed that the award shall pertain to the lawyer as additional compensation or as part
thereof.

h. Preservation of client's confidences

CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE AND SECRETS OF HIS CLIENT
EVEN AFTER THE ATTORNEY-CLIENT RELATION IS TERMINATED.

i. Prohibited disclosures and use

Rule 21.02 - A lawyer shall not, to the disadvantage of his client, use
information acquired in the course of employment, nor shall he use the same to
his own advantage or that of a third person, unless the client with full
knowledge of the circumstances consents thereto.
Rule 21.03 - A lawyer shall not, without the written consent of his client,
give information from his files to an outside agency seeking such information
for auditing, statistical, bookkeeping, accounting, data processing, or any
similar purpose.
Rule 21.05 - A lawyer shall adopt such measures as may be required to prevent
those whose services are utilized by him, from disclosing or using confidences
or secrets of the clients.
Rule 21.06 - A lawyer shall avoid indiscreet conversation about a client's
affairs even with members of his family.
Rule 21.07 - A lawyer shall not reveal that he has been consulted about a
particular case except to avoid possible conflict of interest.

ii. Disclosures, when allowed

Rule 21.01 - A lawyer shall not reveal the confidences or secrets of his
client except;
(a) When authorized by the client after acquainting him of the consequences of
the disclosure;
(b) When required by law;
(c) When necessary to collect his fees or to defend himself, his employees or
associates or by judicial action.
Rule 21.04 - A lawyer may disclose the affairs of a client of the firm to
partners or associates thereof unless prohibited by the client.

1. Withdrawal of services

CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD CAUSE AND UPON
NOTICE APPROPRIATE IN THE CIRCUMSTANCES.
 
Rule 22.01 - A lawyer may withdraw his services in any of the following
case: chanroblesvirtuallawlibrary

(a) When the client pursues an illegal or immoral course of conduct in

connection with the matter he is handling;
(b) When the client insists that the lawyer pursue conduct violative of these
canons and rules;
(c) When his inability to work with co-counsel will not promote the best
interest of the client;
(d) When the mental or physical condition of the lawyer renders it difficult
for him to carry out the employment effectively;
(e) When the client deliberately fails to pay the fees for the services or
fails to comply with the retainer agreement;
(f) When the lawyer is elected or appointed to public office; and
(g) Other similar cases.
Rule 22.02 - A lawyer who withdraws or is discharged shall, subject to a
retainer lien, immediately turn over all papers and property to which the
client is entitled, and shall cooperative with his successor in the orderly
transfer of the matter, including all information necessary for the proper
handling of the matter.

j. Duties of lawyers in case of death of parties represented

C. SUSPENSION, DISBARMENT, AND DISCIPLINE OF LA WYERS

1. Nature and characteristics of disciplinary actions against lawyers

a. Sui generis

Sui generis in nature (2002 Bar)

Administrative cases against lawyers belong to a class of their own (sui generis). They are distinct from
and may proceed independently of civil and criminal cases (In re Almacen, G.R. No. L-27654, February
18, 1970; Funa, 2009). It is:

a. Neither purely civil nor purely criminal, they are investigations by the Court into the conduct of one
of its officers. b. Not a civil action because there is neither plaintiff nor respondent, and involves no
private interest. The complainant is not a party and has no interest in the outcome except as all citizens
have in the proper administration of justice. There is no redress for private grievance. c. Not a criminal
prosecution because it is not meant as a punishment depriving him of source of livelihood but rather to
ensure that those who exercise the function should be competent, honorable and reliable so that the
public may repose confidence in them.

b. Prescription of actions

There is NO prescriptive period for the filing of a complaint against an erring lawyer

Rule VII, Section 1 of the Rules of Procedure of the CBD-IBP, which provides for a prescriptive period for
the filing of administrative complaints against lawyers, should be struck down as void and of no legal
effect for being ultra vires (Heirs of Falame v. Atty. Baguio, A.C. No. 6876, March 7, 2008)

2. Grounds
Attorneys removed or suspended by Supreme Court on what grounds. — A member of the bar may
be removed or suspended from his office as attorney by the Supreme Court for any deceit,
malpractice, or other gross misconduct in such office, grossly immoral conduct, or by reason of his
conviction of a crime involving moral turpitude, or for any violation of the oath which he is required to
take before the admission to practice, or for a wilfull disobedience of any lawful order of a superior
court, or for corruptly or willful appearing as an attorney for a party to a case without authority so to
do. The practice of soliciting cases at law for the purpose of gain, either personally or through paid
agents or brokers, constitutes malpractice.

Non-payment of IBP membership dues (Santos, Jr. v. Atty. Llamas, Adm. Case No. 4749, January 20,
2000).

The statutory enumeration is not to be taken as a limitation on the general power of SC to suspend or
disbar a lawyer (In Re: Puno, A.C. No. 389, February 28, 1967). HENCE, the grounds enumerated are NOT
exclusive.

NOTE: Lending money by a justice of Supreme Court is not a ground for disbarment and helping a
person apply for sale application on a lot is not an offense and not also a ground for disbarment (Olazo
v. Justice Tinga (Ret.), A.M. No. 10-5-7-SC, December 7, 2010).

3. How instituted

How Instituted. — Proceedings for the disbarment, suspension, or discipline of attorneys may be
taken by the Supreme Court motu propio, or by the Integrated Bar of the Philippines (IBP) upon the
verified complaint of any person. The complaint shall state clearly and concisely the facts
complained of and shall be supported by affidavits of persons having personal knowledge of the
facts therein alleged and/or by such documents as may substantiate said facts.
The IBP Board of Governors may, motu propio or upon referral by the Supreme Court or by a
Chapter Board of Officers, or at the instance of any person, initiate and prosecute proper charges
against erring attorneys including those in the government service.

Six (6) copies of the verified complaint shall be filed with the Secretary of the IBP or the Secretary of
any of its chapter who shall forthwith transmit the same to the IBP Board of Governors for
assignment to an investigator.

4. Proceedings

Any interested person or the court motu proprio may initiate disciplinary proceedings. There can be no
doubt as to the right of a citizen to bring to the attention of the proper authority acts and doings of
public officers which citizens feel are incompatible with the duties of the office and from which conduct
the citizen or the public might or does suffer undesirable consequences. (2000 Bar Question)

NOTE: A disbarment proceeding may proceed regardless of interest or lack of interest of the
complainant (Rayos-Ombac v. Rayos, A.C. No. 2884, January 28, 1998). However, if the complainant
refuses to testify and the charges cannot then be substantiated, the court will have no alternative but to
dismiss the case.

BAR MATTER NO. 1960 (MAY 1, 2000) AMANEDMENT OF SEC. 1, RULE 139-B OF THE ROC

Proceedings for disbarment, suspension or discipline of attorneys may be taken by the:

1. Supreme Court motu proprio; or 2. Integrated Bar of the Philippines (IBP) upon the verified complaint
of any person. The complaint shall state clearly and concisely the facts complained of and shall be
supported by affidavits of persons having personal knowledge of the facts therein alleged and/or by
such documents as may substantiate said facts.

DISBARMENT PROCEEDINGS BEFORE THE IBP

The IBP Board of Governors may motu proprio, or upon referral by the Supreme Court, or by a Chapter
Board of Officers, or at the instance of any person, initiate and prosecute proper charges against erring
attorneys including those in the government service; Provided, however, that all charges against Justices
of the Court of Tax Appeals and the Sandiganbayan, and Judges of the Court of Tax Appeals and lower
courts, even if lawyers are jointly charged with them, shall be filed with the Supreme Court; Provided,
further, that charges filed against Justices and Judges before the IBP, including those filed prior to their
appointment in the Judiciary, shall immediately be forwarded to the Supreme Court for disposition and
adjudication.

PROCEDURAL STEPS FOR DISBARMENT IN THE IBP

1. The Board of Governors shall appoint from among the IBP members an investigator or when special
circumstances so warrant, a panel of 3 investigators to investigate the complaint; 2. If the complaint is
meritorious, the respondent shall be served with a copy requiring him to answer within 15 days from
service. 3. The respondent shall file a verified answer containing the original and five (5) legible copies;
after receipt of the answer or lapse of the period to do so, the Supreme Court, may, motu proprio or at
the instance of the IBP Board of Governors, upon recommendation by the investigator, suspend an
attorney from practice, for any of the causes under Rule 138, Sec. 27, during the pendency of the
investigation 4. After joinder of the issues or failure to answer, the respondent shall be given full
opportunity to defend himself. But if the respondent fails to appear to defend himself in spite of notice,
the investigator may proceed ex parte. The investigation shall be terminated within 3 months from
commencement unless extended for good cause by the Board of Governors upon prior application. 5.
The investigator shall make a report to the Board of Governors within 30 days from termination of the
investigation which report shall contain his findings and recommendations together with the evidence.
6. The Board of Governors shall have the power to review the decision of the investigator. Its decision
shall be promulgated within a period not exceeding 30 days from the next meeting of the Board
following the submission of the report of the investigator. 7. If the decision is a finding of guilt of the
charges, the IBP Board of Governors shall issue a resolution setting forth its findings and
recommendations which shall be transmitted to the Supreme Court for final action together with the
record. If the decision is for exoneration, or if the sanction is less than suspension or dismissal, the Board
shall issue a decision exonerating the respondent of imposing a lesser sanction. The resolution
exonerating the respondent shall be considered as terminating the case unless upon petition of the
complainant or other interested party filed with the Supreme Court within 15 days from notice of the
Board’s decision.

DISBARMENT PROCEEDINGS BEFORE THE SUPREME COURT

1. In proceedings initiated motu proprio by the Supreme Court or in other proceeding when the interest
of justice so requires, the Supreme Court may refer the case for investigation to the Solicitor General or
to any officer of the Supreme Court or judge of a lower court, in which case the investigation shall
proceed in the same manner provided in Sections 6 to 11 of Rule 139-B, RRC, save that the review of the
report of investigation shall be conducted directly by the Supreme Court (Sec. 13, Rule 139-B, RRC)

NOTE: Reference of the Court to the IBP of complaints against lawyers is not mandatory (Zaldivar v.
Sandiganbayan, G.R. Nos. 79590-707; Zaldivar v. Gonzales, G.R. No. 80578, October 7, 1988).

Reference of complaints to the IBP is not an exclusive procedure under Rule 139-B, RRC. The Court may
conduct disciplinary proceedings without the intervention of the IBP by referring cases for investigation
to the Solicitor General or to any officer of the Supreme Court or judge of a lower court. In such case,
the report or recommendation of the investigating official shall be reviewed directly by the Supreme
Court (Bautista v. Gonzales, A.M. No. 1626, February 12, 1990; Funa, 2009).
2. Based upon the evidence adduced at the investigation, the Solicitor General or other Investigator
designated by the Supreme Court shall submit to the Supreme Court a report containing his findings of
fact and recommendations together with the record and all the evidence presented in the investigation
for the final action of the Supreme Court (Sec. 14, Rule 139-B, RRC).

5. Discipline of Filipino lawyers who practice in foreign jurisdictions

If the Filipino lawyer is disbarred or suspended from the practice of law by a competent court or
disciplinary agency in a foreign jurisdiction where he has been admitted as an attorney, and a ground
therefor includes any of the acts enumerated in Section 27, Rule 138 of the RRC, such disbarment or
suspension is a ground for his disbarment or suspension in the Philippines (Lapena, 2009).

NOTE: The judgment, resolution or order of the foreign court or disciplinary agency shall be prima facie
evidence of the ground for disbarment or suspension (SC Resolution date 21 February 1992 amending
Sec. 27, Rule 138, RRC).

Judgment of suspension of a Filipino lawyer in a foreign court

The judgment of suspension against a Filipino lawyer in a foreign jurisdiction does not automatically
result in his suspension or disbarment in the Philippines as the acts giving rise to his suspension are not
grounds for disbarment and suspension in this jurisdiction. Judgment of suspension against a Filipino
lawyer may transmute into a similar judgment of suspension in the Philippines only if the basis of the
foreign court's action includes any of the grounds for disbarment or suspension in this jurisdiction. Such
judgment merely constitutes prima facie evidence of unethical acts as lawyer (Velez v. De Vera, A.C. No.
6697, July 25, 2006).

6. Sanctions

Powers of the Supreme Court in disciplining lawyers [WARD-SIP] 1. Warn; 2. Admonish; 3. Reprimand; 4.
Disbar; 5. Suspend a lawyer (Sec. 27, Rule 138, RRC); 6. Interim suspension; and 7. Probation (IBP
Guidelines)

Powers of the Court of Appeals and the Regional Trial Courts [SWARP]

They are also empowered to: 1. Suspend an attorney from practice for any of the causes named in Sec
27, Rule 138 until further action of the Supreme Court in the case (Sec. 16, Rule 139-B); 2. Warn; 3.
Admonish; 4. Reprimand; and 5. Probation (IBP Guidelines)
NOTE: The CA and RTC cannot disbar a lawyer.

Other sanctions and remedies

1. Restitution; 2. Assessment of costs; 3. Limitation upon practice; 4. Appointment of a receiver; 5.

Requirement that a lawyer take the bar examination or professional responsibility examination; 6.
Requirement that a lawyer attend continuing education courses; and 7. Other requirements that the
highest court or disciplinary board deems consistent with the purposes of the sanctions.

D. READMISSION TO THE BAR

Reinstatement and its requirements

Reinstatement is the restoration of the privilege to practice law after a lawyer has been disbarred. The
applicant must satisfy the Court that he is a person of good moral character – a fit and proper person to
practice law.

NOTE: The power of the Supreme Court to reinstate is based on its constitutional prerogative to
promulgate rules on the admission of applicants to the practice of law (Sec. 5[5], Art. VIII, 1987
Constitution).

1. Lawyers who have been suspended

Lifting of suspension is not automatic upon the end of the period stated in the Court’s decision

The lifting of a lawyer’s suspension is not automatic upon the end of the period stated in the
Court’s decision, and an order from the Court lifting the suspension at the end of the period is necessary
in order to enable [him] to resume the practice of his profession (J.K. Mercado and Sons Agricultural
Enterprises, Inc. et al. v. Atty. de Vera, et al. and Atty. de Vera v. Atty. Encanto, et al.).

Thus, according to the OBC, a suspended lawyer must first present proof(s) of his compliance by
submitting certifications from the Integrated Bar of the Philippines and from the Executive Judge that he
has indeed desisted from the practice of law during the period of suspension. Thereafter, the Court,
after evaluation, and upon a favorable recommendation from the OBC, will issue a resolution lifting the
order of suspension and thus allow him to resume the practice of law (Maniago v. Atty. De Dios, A.C. No.
7472, March 30, 2010).

Guidelines to be observed in lifting an order of suspension of a lawyer

The following guidelines were issued by the Supreme Court, the same to be observed in the matter of
the lifting of an order suspending a lawyer from the practice of law:

1. After a finding that respondent lawyer must be suspended from the practice of law, the Court shall
render a decision imposing the penalty; 2. Unless the Court explicitly states that the decision is
immediately executory upon receipt thereof, respondent has 15 days within which to file a motion for
reconsideration thereof. The denial of said motion shall render the decision final and executory; 3. Upon
the expiration of the period of suspension, respondent shall file a Sworn Statement with the Court,
through the Office of the Bar Confidant, stating therein that he or she has desisted from the practice of
law and has not appeared in any court during the period of his or her suspension; 4. Copies of the Sworn
Statement shall be furnished to the Local Chapter of the IBP and to the Executive Judge of the courts
where respondent has pending cases handled by him or her, and/or where he or she has appeared as
counsel; 5. The Sworn Statement shall be considered as proof of respondent’s compliance with the
order of suspension; 6. Any finding or report contrary to the statements made by the lawyer under oath
shall be a ground for the imposition of a more severe punishment, or disbarment, as may be warranted.

2. Lawyers who have been disbarred

Effect of reinstatement: Wipes out the restrictions and disabilities resulting from a previous disbarment
(Cui v. Cui, G.R. No. L-18727, August 31, 1964).

Prior to actual reinstatement, the lawyer will be required to take anew the lawyer’s oath and sign once
again the roll of attorneys after paying the requisite fees (Funa, 2009).

Requirements for judicial clemency for disbarred lawyers and judges

1. There must be proof of remorse and reformation. 2. Sufficient time must have elapsed from the
imposition of the penalty to ensure a period of reform. 3. The age of the person asking for clemency
must show that he still has productive years ahead of him that can be put to good use by giving him a
chance to redeem himself.

4 There must be a showing of promise (such as intellectual aptitude, learning or legal acumen or
contribution to the legal scholarship and the development of the legal system), as well as potential for
public service. 5. There must be other relevant factors and circumstances that may justify clemency.

3. Lawyers who have been repatriated

Before a lawyer who reacquires Filipino citizenship pursuant to R.A. 9225 can resume his law practice,
he must first secure from the SC the authority to do so, conditioned on:
1. The updating and payment in full of the annual membership dues in the IBP; 2. The payment of
professional tax; 3. The completion of at least 36 credit hours of mandatory continuing legal education,
this is especially significant to refresh the applicant/petitioner’s knowledge of Philipp ine laws and
update him of legal developments; and 4. The retaking of the lawyer’s oath which will not only remind
him of his duties and responsibilities as a lawyer and as an officer of the Court, but also renew his pledge
to maintain allegiance to the Republic of the Philippines (Petition for Leave to Resume Practice of Law of
Benjamin Dacanay, B.M. No. 1678, December 17, 2007).

E. MANDATORY CONTINUING LEGAL EDUCATION

1. Purpose

Purpose of MCLE

MCLE ensures that members of the IBP are kept abreast with law and jurisprudence throughout their
career, maintain the ethics of the profession and enhance the standards of the practice of law.

2. Requirements

Requirements of completion of MCLE

Members of the IBP, unless exempted under Rule 7, shall complete every 3 years at least 36 hours of
continuing legal education activities. The 36 hours shall be divided as follows:

1. 6 hours – legal ethics 2. 4 hours – trial and pretrial skills 3. 5 hours – alternative dispute resolution 4.
9 hours – updates on substantive and procedural laws and jurisprudence 5. 4 hours – legal writing and
oral advocacy 6. 2 hours – international law and international conventions 7. Remaining 6 hours – such
other subjects as may be prescribed by the Committee on MCLE

MCLE for a newly admitted member of the bar

Starts on the first day of the month of his admission (Bar Matter No. 850, Sec. 3, Rule 3).

3. Compliance

1. Failure to complete education requirement within the compliance period; 2. Failure to provide
attestation of compliance or exemption; 3. Failure to provide satisfactory evidence of compliance
(including evidence of exempt status) within the prescribed period; 4. Failure to satisfy the education
requirement and furnish evidence of such compliance within 60 days from receipt of non-compliance
notice; 5. Failure to pay non-compliance fee within the prescribed period; or 6. Any other act or
omission analogous to any of the foregoing or intended to circumvent or evade compliance with the
MCLE requirements.

NOTE: Members failing to comply will receive a Non-Compliance Notice stating the specific deficiency
and will be given 60 days from date of notification to file a response.

4. Exemptions

Persons exempted from the MCLE

1. The President, Vice-President and the Secretaries and Undersecretaries of Executive

Departments; 2. Senators and Members of the House of Representatives; 3. The Chief Justice
and Associate Justices of the Supreme Court, incumbent and retired members of the judiciary,
incumbent members of Judicial Bar Council, incumbent members of the MCLE Committee,
incumbent court lawyers who have availed of the Philippine Judicial Academy programs of
continuing judicial education (Amendment to Bar Matter 850, Resolution of the Court En Banc,
July 13, 2004); 4. The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of
the Dept. of Justice;

5. The Solicitor General and the Assistant Solicitor General; 6. The Government Corporate Counsel,
Deputy and Assistant Government Corporate Counsel; 7. The Chairman and Members of the
Constitutional Commissions; 8. The Ombudsman, the Overall Deputy Ombudsman, the Deputy
Ombudsmen and the Special Prosecutor of the Office of the Ombudsman; 9. Heads of government
agencies exercising quasijudicial functions; 10. Incumbent deans, bar reviewers and professors of
law who have teaching experience for at least 10 years in accredited law schools; 11. The
Chancellor, Vice-Chancellor and members of the Corps of Professional and Professorial Lecturers of
the Philippine Judicial Academy; and 12. Governors and Mayors because they are prohibited from
practicing their profession

2.
3. Other parties exempted:
4.
5. 1. Those who are not in law practice, private or public; 2. Those who have retired from law
practice with the approval of the IBP Board of Governors.

5. Sanctions

Consequences of non-compliance

A member who fails to comply with the requirements after the 60-day period shall be listed as
delinquent member by the IBP Board of Governors upon recommendation of the Committee on MCLE.
NOTE: The listing as a delinquent member is an administrative in nature but it shall be made with notice
and hearing by the Committee on MCLE. B.M. No. 1922, which took effect on January 1, 2009, requires
practicing members of the bar to indicate in all pleadings filed before the courts or quasijudicial bodies,
the number and date of issue of their MCLE Certificate of Compliance or Certificate of Exemption, as
may be applicable, for the immediately preceding compliance period. Failure to disclose the required
information would cause the dismissal of the case and the expunction of the pleadings from the records.

F. NOTARIAL PRACTICE

1. Qualifications of notary public

Notary public

A person appointed by the court whose duty is to attest to the genuineness of any deed or writing in
order to render them available as evidence of facts stated therein and who is authorized by the statute
to administer various oaths.

NOTE: “Notary Public" and "Notary" refer to any person commissioned to perform official acts under the
rules on Notarial Practice (Sec. 9, Rule II, A.M. No. 02-8-13-SC).

To be eligible for commissioning as notary public, the petitioner must be:

1. A citizen of the Philippines; 2. Over 21 years of age; 3. A resident in the Philippines for at least 1 year
and maintains a regular place of work or business in the city or province where the commission is to be
issued;

NOTE: This is to prohibit the practice of some notaries who maintain makeshift “offices” in sidewalks
and street corners of government offices (Tirol, 2010).

4. A member of the Philippine Bar in good standing with clearances from the Office of the Bar Confidant
of the Supreme Court and the Integrated Bar of the Philippines; and 5. Has not been convicted in the
first instance of any crime involving moral turpitude (Second par., Sec. 1, Rule III, 2004 Rules on Notarial
Practice, A.M. No. 02-8-13-SC).

2. Term of office of notary public

Term of office of a notary public (1995 Bar)

A notary public may perform notarial acts for a period of 2 years commencing the 1st day of January of
the year in which the commissioning is made until the last day of December of the succeeding year
regardless of the actual date when the application was renewed, unless earlier revoked or the notary
public has resigned under the Rules on Notarial Practice and the Rules of Court (Section 11, Rule III, A.M.
No. 02-8-13-SC).

NOTE: The period of 2 years of a notarial commission will commence at January first regardless of when
it was really granted and will end at exactly 2 years from said date of commencement up to December
of the 2nd year. Ex. Atty. Antonio applied for and was given notarial commission on 12 November 2010,
such term will expire on 31 December 2011 (2011 Bar).

3. Powers and limitations

A notary public is empowered to perform the following notarial acts: [JAO-CAS]

1. Acknowledgements; 2. Oaths and affirmations; 3. Jurats; 4. Signature witnessing; 5. Copy

certifications; and 6. Any other act authorized by these rules (Section 1(a), Rule IV, A.M. No. 02-8-13-SC)

4. Notarial register

A notary public shall keep, maintain, protect and provide for lawful inspection as provided in these
Rules, a chronological official notarial register of notarial acts consisting of a permanently bound book
with numbered pages.

The register shall be kept in books to be furnished by the Solicitor General to any notary public upon
request and upon payment of the cost thereof. The register shall be duly paged, and on the first page,
the Solicitor General shall certify the number of pages of which the book consists (Sec. 1(a), Rule VI,
A.M. No. 02-8-13-SC).

NOTE: Failure of the notary to make the proper entry or entries in his notarial register touching his
notarial acts in the manner required by law is a ground for revocation of his commission (Father Ranhilio
C. Aquino Et. Al., v. Atty. Edwin Pascua, A.C. No. 5095, November 28, 2007, En Banc).

Notary public is personally accountable for all entries in his notarial register. They cannot be relieved of
responsibility for the violation of the aforesaid sections by passing the buck to their secretaries (Lingan
v. Atty. Calibaquib, A.C. No. 5377, June 15, 2006).

5. Jurisdiction of notary public and place of notarization

A notary public may perform notarial acts in any place within the territorial jurisdiction of the
commissioning court. Outside the place of his commission, a notary public is bereft of power to perform
any notarial act.

Under the Notarial Law, the jurisdiction of a notary public is co-extensive with the province for which he
was commissioned; and for the notary public in the city of Manila, the jurisdiction is co-extensive with
said city. Circular 8 of 1985, however, clarified further that the notary public may be commissioned for
the same term only by one court within the Metro Manila region.

Jurisdiction of Notary Public

GR: A notary public shall not perform a notarial act outside his jurisdiction and his regular place of work
or business.

XPNs: A notarial act may be performed at the request of the parties in the following sites, other than his
regular place of work or business, located within his territorial jurisdiction:

1. Public offices, convention halls, and similar places where oaths of office may be administered; 2.
Public function areas in hotels and similar places for the signing of instruments or documents requiring
notarization; 3. Hospitals and other medical institutions where a party to an instrument or document is
confined for treatment 4. Any place where a party to an instrument or document requiring notarization
is under detention (Sec. 2, Rule IV, A.M. No. 02-8-13-SC). 5. Such other places as may be dictated
because of emergency.

NOTE: It is improper for a notary public to notarize documents in sidewalk since it is now required that a
notary public should maintain a regular place of work or business within the city or province where he is
commissioned. The SC evidently wants to eradicate the practice of “fly by night” notaries public who
notarized documents in “improvised” offices.

6. Revocation of commission

Who may revoke the notarial commission

1. The Executive Judge of the RTC who issued the commission on any ground on which an application for
commission may be denied (Sec. 1, Rule XI, A.M. No. 02-8-13-SC); or 2. By the Supreme Court itself in
the exercise of its general supervisory powers over lawyer.

GROUNDS FOR REVOCATION

The executive Judge shall revoke a notarial commission for any ground on which an application for a
commission may be denied. In addition, the Executive Judge may revoke the commission of, or impose
appropriate administrative sanctions upon, any notary public who:

1. Fails to keep a notarial register; 2. Fails to make the proper entry or entries in his notarial register
concerning his notarial acts; 3. Fails to send the copy of the entries to the Executive Judge within the
first ten (10) days of the month following; 4. Fails to affix to acknowledgments the date of expiration of
his commission; 5. Fails to submit his notarial register, when filled, to the Executive Judge; 6. Fails to
make his report, within a reasonable time, to the Executive Judge concerning the performance of his
duties, as may be required by the judge; 7. Fails to require the presence of a principal at the time of the
notarial act;

NOTE: "Principal" refers to a person appearing before the notary public whose act is the subject of
notarization.

8. Fails to identify a principal on the basis of personal knowledge or competent evidence; 9. Executes a
false or incomplete certificate under Section 5, Rule IV; 10. Knowingly performs or fails to perform any
other act prohibited or mandated by these Rules; and 11. Commits any other dereliction or act which in
the judgment of the Executive Judge constitutes good cause for revocation of commission or imposition
of administrative sanction (Sec. 1, Rule XI, 2004 Rules on Notarial Practice).

NOTE: Functions of notary public – violations: suspension as notary not for the practice of law (Villarin v.
Sabate, A.C. No. 3224, February 9, 2000).

7. Competent evidence of identity

Competent evidence of identity refers to the identification of an individual based on the following:

1. At least one current identification document issued by an official agency bearing the photograph and
signature of the individual such as but not limited to:

a. Passport b. Driver's license c. PRC d. NBI clearance e. Police clearance f. Postal ID g. Voter's ID h. Any
other government issued ID (Sec 12 of Rule 2, 2004 Rules on Notarial Practice, as amended by A.M.
No.02-8-13-SC dated February 19, 2008).

2. The oath or affirmation of one credible witness not privy to the instrument, document or transaction
who is personally known to the notary public and who personally knows the individual, or of two
credible witnesses neither of whom is privy to the instrument, document or transaction who each
personally knows the individual and shows to the notary public documentary identification (Amendment
to Sec. 12 (a), Rule II of the 2004 Rules on Notarial Practice, February 19, 2008).

NOTE: Competent evidence of identity is not required in cases where the affiant is personally known to
the Notary Public (Amora, Jr. v. Comelec, G.R. No.192280, January 25, 2011).

8. Sanctions

Punishable acts under the 2004 Rules on Notarial Practice

The Executive Judge shall cause the prosecution of any person who knowingly:

1. Acts or otherwise impersonates a notary public; 2. Obtains, conceals, defaces, or destroys the seal,
notarial register, or official records of a notary public; and 3. Solicits, coerces, or in any way influences a
notary public to commit official misconduct (Sec. 1, Rule XII, Rule on Notarial Practice).

NOTE: Notarizing documents without the requisite commission therefore constitutes malpractice, if not
the crime of falsification of public documents (St. Louis Laboratory High School Faculty And Staff V. Dela
Cruz, A.C. No. 6010. August 28, 2006).

G. DUTIES OF LA WYERS UNDER SPECIFIC PROVISIONS IN THE RULES OF COURT 1. Judgments, final
orders, and entry of judgments 2. Contempt 3. Arraignment and plea 4. Attorney-client privilege 5.
Powers and duties of court and judicial officers 6. Disqualification of judicial officers/inhibition 7.
Withdrawal from case 8. Standing in court of persons authorized to appear for the government 9.
Government lawyers and private practice 10. Amicus curiae

II. JUDICIAL ETHICS

A. SOURCES

1. New Code of Judicial Conduct for the Philippine Judiciary- Focuses on the institutional and personal
independence of judicial officers. Contains eight norms of conduct that judges “shall follow”

2. Code of Judicial Conduct - Concerned primarily with the institutional independence of the judiciary.
Contained three guidelines explaining what judges “should do” * Canon 1 of the 1989 Code created a
weaker mandate.

B. QUALITIES

1. Independence
Judicial independence is a pre-requisite to the rule of law and a fundamental guarantee of a fair trial. A
judge shall therefore uphold and exemplify judicial independence in both its individual and institutional
aspects. SECTION 1. Judges shall exercise the judicial function independently on the basis of their
assessment of the facts and in accordance with a conscientious understanding of the law, free of any
extraneous influence, inducement, pressure, threat or interference, direct or indirect, from any quarter
or for any reason.

SEC. 2. In performing judicial duties, judges shall be independent from judicial colleagues in respect of
decisions which the judge is obliged to make independently. SEC. 3. Judges shall refrain from
influencing in any manner the outcome of litigation or dispute pending before another court or
administrative agency. SEC. 4. Judges shall not allow family, social, or other relationships to influence
judicial conduct or judgment. The prestige of judicial office shall not be used or lent to advance the
private interests of others, nor convey or permit others to convey the impression that they are in a
special position to influence the judge. SEC. 5. Judges shall not only be free from inappropriate
connections with, and influence by, the executive and legislative branches of government, but must also
appear to be free therefrom to a reasonable observer. SEC. 6. Judges shall be independent in relation
to society in general and in relation to the particular parties to a dispute which he or she has to
adjudicate. SEC. 7. Judges shall encourage and uphold safeguards for the discharge of judicial duties in
order to maintain and enhance the institutional and operational independence of the judiciary. SEC. 8.
Judges shall exhibit and promote high standards of judicial conduct in order to reinforce public
confidence in the judiciary, which is fundamental to the maintenance of judicial independence.

2. Integrity

Integrity is essential not only to the proper discharge of the judicial office but also to the personal
demeanor of judges. SECTION 1. Judges shall ensure that not only is their conduct above reproach, but
that it is perceived to be so in the view of a reasonable observer. SEC. 2. The behavior and conduct of
judges  must  reaffirm  the  people’s  faith  in  the   integrity of the judiciary. Justice must not merely be
done but must also be seen to be done. SEC. 3. Judges should take or initiate appropriate disciplinary
measures against lawyers or court personnel for unprofessional conduct of which the judge may have
become aware.

3. Impartiality

Impartiality is essential to the proper discharge of the judicial office. It applies not only to the decision
itself but also to the process by which the decision is made. SECTION 1. Judges shall perform their
judicial duties without favor, bias or prejudice. 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. 3. Judges shall, so far as is reasonable,
so conduct themselves as to minimize the occasions on which it will be necessary for them to be
disqualified from hearing or deciding cases. SEC. 4. Judges shall not knowingly, while a proceeding is
before or could come before them, make any comment that might reasonably be expected to affect the
outcome of such proceeding or impair the manifest fairness of the process. Nor shall judges make any
comment in public or otherwise that might affect the fair trial of any person or issue. SEC. 5. Judges
shall disqualify themselves from participating in any proceedings in which they are unable to decide the
matter impartially or in which it may appear to a reasonable observer that they are unable to decide the
matter impartially. Such proceedings include, but are not limited to, instances where (a) The judge has
actual bias or prejudice concerning a party or personal knowledge of disputed evidentiary facts
concerning the proceedings; (b) The judge previously served as a lawyer or was a material witness in the
matter in controversy; (c) The judge, or a member of his or her family, has an economic interest in the
outcome of the matter in controversy; (d) The judge served as executor, administrator, guardian,
trustee or lawyer in the case or matter in controversy, or a former associate of the judge served as
counsel during their association, or the judge or lawyer was a material witness therein; (e)  The  judge’s
ruling  in  a  lower  court  is  the  subject  of  review;; (f) The judge is related by consanguinity or affinity
to a party litigant within the sixth civil degree or to counsel within the fourth civil degree; or (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; SEC. 6. A judge disqualified as
stated above may, instead of withdrawing from the proceeding, disclose on the records the basis of
disqualification. If, based on such disclosure,  the  parties  and  lawyers,  independently  of  the  judge’s
participation, all agree in writing that the reason for the inhibition is immaterial or unsubstantial, the

judge may then participate in the proceeding. The agreement, signed by all parties and lawyers, shall be
incorporated in the record of the proceedings.

4. Propriety

Propriety and the appearance of propriety are essential to the performance of all the activities of a
judge. SECTION 1. Judges shall avoid impropriety and the appearance of impropriety in all of their
activities. SEC. 2. As a subject of constant public scrutiny, judges must accept personal restrictions that
might be viewed as burdensome by the ordinary citizen and should do so freely and willingly. In
particular, judges shall conduct themselves in a way that is consistent with the dignity of the judicial
office. SEC. 3. Judges shall, in their personal relations with individual members of the legal profession
who practice regularly in their court, avoid situations which might reasonably give rise to the suspicion
or appearance of favoritism or partiality. SEC. 4. Judges shall not participate in the determination of a
case in which any member of their family represents a litigant or is associated in any manner with the
case. 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 the legal profession. SEC. 6. Judges, like any other
citizen, are entitled to freedom of expression, belief, association and assembly, but in exercising such
rights, they shall always conduct themselves in such a manner as to preserve the dignity of the judicial
office and the impartiality and independence of the judiciary. SEC. 7. Judges shall inform themselves
about their personal fiduciary and financial interests and shall make reasonable efforts to be informed
about the financial interests of members of their family. 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 anyone else, nor shall they convey or permit others to convey the impression that anyone is in a
special position improperly to influence them in the performance of judicial duties. SEC. 9. Confidential
information acquired by judges in their judicial capacity shall not be used or disclosed for any other
purpose related to their judicial duties.

SEC. 10. Subject to the proper performance of judicial duties, judges may (a) Write, lecture, teach and
participate in activities concerning the law, the legal system, the administration of justice or related
matters; (b) Appear at a public hearing before an official body concerned with matters relating to the
law, the legal system, the administration of justice or related matters; (c) Engage in other activities if
such activities do not detract from the dignity of the judicial office or otherwise interfere with the
performance of judicial duties. SEC. 11. Judges shall not practice law whilst the holder of judicial office.
SEC. 12. Judges may form or join associations of judges or participate in other organizations representing
the interests of judges. SEC. 13. Judges and members of their families shall neither ask for, nor accept,
any gift, bequest, loan or favor in relation to anything done or to be done or omitted to be done by him
or her in connection with the performance of judicial duties. SEC. 14. Judges shall not knowingly
permit court staff or others subject to their influence, direction or authority, to ask for, or accept, any
gift, bequest, loan or favor in relation to anything done or to be done or omitted to be done in
connection with their duties or functions. SEC. 15. Subject to law and to any legal requirements of
public disclosure, judges may receive a token gift, award or benefit as appropriate to the occasion on
which it is made, provided that such gift, award or benefit might not reasonably be perceived as
intended to influence the judge in the performance of judicial duties or otherwise give rise to an
appearance of partiality.

5. Equality

Ensuring equality of treatment to all before the courts is essential to the due performance of the judicial
office. SECTION 1. Judges shall be aware of, and understand, diversity in society and differences arising
from various sources, including but not limited to race, color, sex, religion, national origin, caste,
disability, age, marital status, sexual orientation, social and economic status and other like causes. SEC.
2. Judges shall not, in the performance of judicial duties, by words or conduct, manifest bias or prejudice
towards any person or group on irrelevant grounds. SEC. 3. Judges shall carry out judicial duties with
appropriate consideration for all persons, such as the parties, witnesses, lawyers, court staff and judicial
colleagues, without differentiation on any irrelevant ground, immaterial to the proper performance of
such duties.

SEC. 4. Judges shall not knowingly permit court staff or others subject to his or her influence, direction
or control to differentiate between persons concerned, in a matter before the judge, on any irrelevant
ground. SEC. 5. Judges shall require lawyers in proceedings before the court to refrain from
manifesting, by words or conduct, bias or prejudice based on irrelevant grounds, except such as are
legally relevant to an issue in proceedings and may be the subject of legitimate advocacy.

6. Competence and diligence

Competence and diligence are prerequisites to the due performance of judicial office. SECTION 1. The
judicial duties of a judge take precedence over all other activities. SEC. 2. Judges shall devote their
professional activity to judicial duties, which include not only the performance of judicial functions and
responsibilities in court and the making of decisions, but also other tasks relevant to the judicial office or
the  court’s  operations.   SEC. 3. Judges shall take reasonable steps to maintain and enhance their
knowledge, skills and personal qualities necessary for the proper performance of judicial duties, taking
advantage for this purpose of the training and other facilities which should be made available, under
judicial control, to judges. SEC. 4. Judges shall keep themselves informed about relevant developments
of international law, including international conventions and other instruments establishing human
rights norms. SEC. 5. Judges shall perform all judicial duties, including the delivery of reserved
decisions, efficiently, fairly and with reasonable promptness. SEC. 6. Judges shall maintain order and
decorum in all proceedings before the court and be patient, dignified and courteous in relation to
litigants, witnesses, lawyers and others with whom the judge deals in an official capacity. Judges shall
require similar conduct of legal representatives, court staff and others subject to their influence,
direction or control. SEC. 7. Judges shall not engage in conduct incompatible with the diligent
discharge of judicial duties.

C. ADMINISTRATIVE JURISDICTION OVER JUDGES AND JUSTICES

D. DISQUALIFICATION OF JUDICIAL OFFICERS

1. Compulsory

2. Voluntary

E. DISCIPLINE OF MEMBERS OF THE JUDICIARY

1. Members of the Supreme Court

Impeachment

It is a constitutional process of removing public servants from office as an assurance against abusive
officials in the country (Impeachment Primer, Official Gazette, 2012).

Object of impeachment

The object of impeachment is solely to determine whether the official is worthy of the trust conferred
upon him/her. It is not a determination of criminal guilt or innocence as in criminal case (Ibid.).

The nature of impeachment proceedings against SC justices is “sui generis” or “a class of its own”.

Grounds for impeachment

1. Treason; 2. Bribery; 3. Other High Crimes; 4. Graft and Corruption; and 5. Betrayal of Public Trust (Sec.
2 Art. XI, 1987 Constitution)

Impeachable officers

1. The President; 2. Vice-President; 3. Members of the Supreme Court; 4. Members of the

Constitutional Commissions; and 5. Ombudsman
All other public officers and employees may be removed from office as provided by law, but not by
impeachment (Sec. 2 Art. XI, 1987 Constitution).

The Philippine Congress holds the sole power in impeachment process.

1. House of Representatives - initiates all cases of impeachment. 2. Senate – tries and decides on all the
cases.

2. Lower court judges and justices

The acts of a judge in his judicial capacity are not subject to disciplinary action. In the absence of fraud,
malice or dishonesty in rendering the assailed decision or order, the remedy of the aggrieved party is to
elevate the assailed decision or order to the higher court for review and correction. However, an inquiry
into a judge’s civil, criminal and/or administrative liability may be made after the available remedies
have been exhausted and decided with finality (Republic v. Caguioa, A.M. No. RTJ-07-2063, June 26,
2009).

Administrative sanction and criminal liability should be imposed only when the error is so gross,
deliberate and malicious, or is committed with

evident bad faith, or only in clear cases of violations by him of the standards and norms of propriety and
good behavior prescribed by law and the rules of procedure, or fixed and defined by pertinent
jurisprudence (Re: Verified complaint of Engr. Oscar

Grounds for discipline of judges

1. Serious Misconduct – implies malice or wrongful intent, not mere error of judgment. Judicial acts
complained of:

a. must be corrupt or inspired by an intention to violate the law; or b. were in persistent disregard for
wellknown legal rules.

A judge was found guilty of gross misconduct for failure to heed the Court’s pronouncements. He did
not file the required comment to the Court’s show-cause resolutions despite several opportunities
granted him. His willful disobedience and disregard to the show-cause resolutions constitutes grave and
serious misconduct affecting his fitness and worthiness of the honor and integrity attached to his office.
It is noteworthy that the judge was afforded several opportunities to explain his failure to decide the
subject cases long pending before his court and to comply with the directives of this Court, but he has
failed, and continuously refuses to heed the same. This continued refusal to abide by lawful directives
issued by this Court is glaring proof that he has become disinterested to remain with the judicial system
to which he purports to belong (Office of the Court Administrator v. Judge Go, et al. A.M. No. MTJ-07-
1667, April 10, 2012).

2. Inefficiency – implies negligence, incompetence, ignorance and carelessness. A judge would be

inexcusably negligent if he failed to observe in the performance of his duties that diligence, prudence
and circumspection which the law requires in the rendition of any public service.

3. Grounds

4. Impeachment

5. Sanctions imposed by the Supreme Court on erring members of the judiciary

Sanctions for a judge found guilty of a SERIOUS charge

Any of the following sanctions may be imposed:

1. Dismissal from the service, forfeiture of all or part of the benefits as the Court may determine, and
disqualification from reinstatement or appointment to any public office, including government-owned or
controlled corporations. Provided, however, that the forfeiture of benefits shall in no case include
accrued leave credits; 2. Suspension from office without salary and other benefits for more than three
(3) but not exceeding six (6) months; or 3. A fine of more than P20,000.00 but not exceeding P40,000.00.

Sanctions for a judge found guilty of a LESS serious charge

1. Suspension from office without salary and other benefits for not less than one (1) nor more than three
(3) months; or 2. A fine of more than P10,000.00 but not exceeding P20,000.00.

Sanctions for a judge found guilty of a LIGHT charge

Any of the following sanctions shall be imposed:

1. A fine of not less than P1,000.00 but not exceeding P10,000.00; and/or 2. Censure; 3. Reprimand; or
4. Admonition with warning
III. PRACTICAL EXERCISES

Demand and authorization letters Contract of sale Contract of lease Special power of attorney
Verification and certificate of non-forum shopping Notice of hearing and explanation in motions
Judicial affidavit

H. Notarial certificates: jurat and acknowledgement I. Motions for extension of time, to dismiss, and
to declare in default J. Quitclaims in labor cases K. Promissory note L. Information in criminal cases M.
Retainer agreement