(2021 Blue Notes) Legal and Judicial Ethics

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by
THE ATENEO LAW SCHOOL
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THE ATENEO CENTRAL BAR OPERATIONS 2020-2021
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Ad maiorem Dei gloriam.

GRACE ANN Q. BAJO
TIMOTHY JACOB J. PALAFOX
20 21 C H AI R PE R S O N S
KATHLEEN KAE Z. ENDOZO MEG V. BUENSALIDO

ARISTEO RAPHAEL T. MARBELLA III MARIE KAYLA C. GALIT
20 21 AD MI NI ST R A TI V E CO M MI T TE E HE A D S 20 21 A C AD E MI C C O M MI T TE E HE AD S
CARLOS ROSAURO N. MANALO

MA. CRISTINA ASUNCION
20 21 A C AD E MI C C O M MI T TE E U N D E R ST U D I E S
ATTY. TANYA K. LAT

ATTY. RICHIE AVIGALE R. PILARES
ATTY. RICARDO M. PILARES III
20 21 L E GA L A ND JU D I CI AL E T HI CS F A C U LTY A D V I SE R S
PRAMELA MENGHRAJANI
MA. VERONICA PINE
20 21 L E GA L A ND JU D I CI AL E T HI CS S U B JE C T HE AD S
ANNE HILLARY PAULINE VILLENA

LEA TIFFANY LAOHOO
20 21 L E GA L A ND JU D I CI AL E T HI CS U ND E R S TU D I E S
JONATHAN DF. TORRES
GAEL PAULINE R. MORALES
RIA ALEXANDRA D. CASTILLO
NICOLE ANN C. PAGLICAWAN
JULIANNE BEATRICE N. ROSARIO
20 21 C R E ATI V E S
JOSEPH BILL P. QUINTOS STEFI MONIKA S. SUERO

SAMANTHA J. MAGAOAY KATHLEEN C. ROMINA
FREEDOM JUSTIN B. HERNANDEZ SERMAE ANGELA G. PASCUAL
20 21 TE C H NI CA L 2 02 1 FI N AN CE
AINA RAE L. CORTEZ CHRISTIAN GIO R. SENARLO

LUMINA ALINEA O. AQUINO MAEDEN M. BORCELANGO
ANNA MARIE GRACE M. ANTONIO IMI LIZA B. ESPINA
MARY STEPHANIE CABRERA CRUZ FRANCIS SABIN BELTRAN
CLARISSE MAE D. ZAPLAN ANTHONY JEFFERSON Y. JULIO
20 21 S PE CI AL P R OJ E C TS 20 21 LO GI STI C S
DONN MARIE ISABELLE BALINA MELISSA GABRIELLE P. REMULLA

ALISHA BEATRICE A. VERGARA GRACIELLA RACHEL D. ROBLES
PRISHA LEIGH D. CRUZ DANELLA DIANE D. DIMAPILIS
ALITHEA C. SORIANO REYNALDO M. REVECHE
AARON C. CHENG CZAREANA JOUSCH T. PARRA
20 21 M AR K E TI N G 20 21 PU BLI C R E L A TI ON S
JUSTIN LUIGI V. HERNANDEZ
20 2 0 C HAI R P E R SO N
YVES PETER CARLO D. MEDINA THERESE ANNE C. ESPINOSA

KATRINA ISABELLE G. PIMENTEL HAZEL VIANCA I. ORTEGA
GENICA GALE F. LAHOZ VINCE ZYRENCE T. BARLONGAY
20 2 0 AD MI NI S TR ATI V E CO M MI T TE E HE A D S 20 2 0 HO TE L C O M MI TTE E HE A D S
EUNICE A. MALAYO MEG V. BUENSALIDO

FRANCES CHRISTINE P. SAYSON MARIE KAYLA C. GALIT
20 2 0 A CAD E MI C CO M MI T TE E HE AD S 2 02 0 A CA D E M I C CO M MIT T E E U N D E R S T U DI E S
ATTY. TANYA K. LAT

ATTY. RICHIE AVIGALE R. PILARES
ATTY. RICARDO M. PILARES III
20 2 0 LE G AL A ND JU D I CI AL E T HI CS F A C U LTY A D V I SE R S
MARK LAWRENCE GAMBOA

MARIANNE ANGELI BARRAMEDA
PATRICIA MAXINE D. GALLO
20 2 0 LE G AL A ND JU D I CI AL E T HI CS S U B JE C T HE AD S
PRAMELA MENGHRAJANI
20 2 0 LE G AL A ND JU D I CI AL E T HI CS U ND E R S TU D Y
PATRICIA COURTNEY BATAC

MAIA FREYA CO
MA. ANGELICA OIDEM
20 2 0 LE G AL A ND JU D I CI AL E T HI CS V O L U NT E E R S
ATENEO CENTRAL
BAR OPERATIONS 2020/21 LEGAL AND JUDICIAL ETHICS & PRACTICAL EXERCISES
TABLE OF CONTENTS
I. LEGAL ETHICS ............................................................................................................................................................. 1
A. PRACTICE OF LAW .................................................................................................................................................. 5
I. CONCEPT ............................................................................................................................................................. 5
A. PRIVILEGE ........................................................................................................................................................ 5
B. PROFESSION, NOT A BUSINESS................................................................................................................... 5
II. QUALIFICATIONS ................................................................................................................................................. 6
III. CONTINUING REQUIREMENTS FOR MEMBERSHIP IN THE BAR................................................................... 7
A. GOOD MORAL CHARACTER .......................................................................................................................... 7
B. CITIZENSHIP; REACQUISITION OF THE PRIVILEGE TO PRACTICE LAW IN THE PHILIPPINES ............. 8
IV. APPEARANCE OF NON-LAWYERS .................................................................................................................... 9
A. LAW STUDENT PRACTICE (RULE 138-A AS AMENDED BY A.M. NO. 19-03-24-SC, JUNE 25, 2019) ....... 9
B. NON-LAWYERS IN COURTS ........................................................................................................................... 9
C. NON-LAWYERS IN ADMINISTRATIVE TRIBUNALS AND LABOR TRIBUNALS ........................................... 9
D. PROCEEDINGS WHERE LAWYERS ARE PROHIBITED FROM APPEARING ........................................... 10
V. SANCTIONS FOR PRACTICE OR APPEARANCE WITHOUT AUTHORITY .................................................... 10
A. LAWYERS WITHOUT AUTHORITY ............................................................................................................... 10
B. PERSONS NOT LAWYERS ............................................................................................................................ 10
VI. PUBLIC OFFICIALS AND PRACTICE OF LAW ................................................................................................. 11
A. PROHIBITIONS OR DISQUALIFICATIONS OF FORMER GOVERNMENT ATTORNEYS .......................... 11
B. RESTRICTIONS ON LAWYERS IN GOVERNMENT AND PUBLIC SERVICE WITH REGARD TO
PRACTICE OF LAW ................................................................................................................................................ 11
C. COMPARATIVE TABLE: RESTRICTIONS ON LAWYERS IN GOVERNMENT AND PUBLIC SERVICE .... 12
VII. LAWYERS AUTHORIZED TO REPRESENT THE GOVERNMENT................................................................ 15
VIII. LAWYER’S OATH ............................................................................................................................................. 16
B. DUTIES AND RESPONSIBILITIES OF A LAWYER ............................................................................................... 18

I. DUTIES TO SOCIETY ......................................................................................................................................... 18
a. RESPECT FOR LAW AND LEGAL PROCESSES ........................................................................................ 18
B. EFFICIENT AND CONVENIENT LEGAL SERVICES .................................................................................. 20
C. TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE INFORMATION ON LEGAL SERVICES ............. 21
D. PARTICIPATION IN THE IMPROVEMENT AND REFORMS IN THE LEGAL SYSTEM ........................... 23
E. PARTICIPATION IN LEGAL EDUCATION PROGRAM .............................................................................. 23
F. LAWYERS IN GOVERNMENT SERVICE DISCHARGING THEIR TASKS ............................................... 24
II. DUTIES TO THE LEGAL PROFESSION ............................................................................................................ 26
A. INTEGRATED BAR OF THE PHILIPPINES ................................................................................................... 26
B. MEMBERSHIP DUES ..................................................................................................................................... 27
C. UPHOLDING THE DIGNITY AND INTEGRITY OF THE PROFESSION ....................................................... 28
D. COURTESY, FAIRNESS AND CANDOR TOWARDS PROFESSIONAL COLLEAGUES ............................. 31
E. NO ASSISTANCE IN UNAUTHORIZED PRACTICE OF LAW...................................................................... 33
III. DUTIES TO THE COURTS ................................................................................................................................. 34
A. CANDOR, FAIRNESS, AND GOOD FAITH TOWARDS THE COURTS ...................................................... 35
B. RESPECT FOR COURTS AND JUDICIAL OFFICERS ................................................................................ 36
C. ASSISTANCE IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE ................................. 39
D. RELIANCE ON MERITS OF CASE, NOT ON IMPROPRIETY TENDING TO INFLUENCE THE COURTS 43
IV. DUTIES TO THE CLIENTS ................................................................................................................................. 45
A. AVAILABILITY OF SERVICE WITHOUT DISCRIMINATION ......................................................................... 47
B. CANDOR, FAIRNESS, AND LOYALTY TO CLIENTS.................................................................................... 50
C. CLIENT’S MONEY AND PROPERTIES ......................................................................................................... 50
D. FIDELITY TO CLIENT’S CAUSE: DUTY TO PREVENT CONFLICT OF INTEREST .................................... 52
E. COMPETENCE AND DILIGENCE .................................................................................................................. 55
F. REPRESENTATION WITH ZEAL WITHIN LEGAL BOUNDS ........................................................................ 58
G. ATTORNEY’S FEES ....................................................................................................................................... 59
H. PRESERVATION OF CLIENT’S CONFIDENCES .......................................................................................... 75
I. WITHDRAWAL OF SERVICES ....................................................................................................................... 79
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J. DUTIES OF LAWYERS IN CASE OF DEATH OF PARTIES REPRESENTED ............................................. 81

V. COMPARATIVE TABLES .................................................................................................................................... 82
C. SUSPENSION, DISBARMENT, AND DISCIPLINE OF LAWYERS ........................................................................ 92

I. NATURE AND CHARACTERISTICS OF DISCIPLINARY ACTIONS AGAINST LAWYERS ............................. 92
A. SUI GENERIS ................................................................................................................................................. 92
B. IMPRESCRIPTIBLE ........................................................................................................................................ 92
II. GROUNDS........................................................................................................................................................... 92
III. HOW INSTITUTED ............................................................................................................................................ 100
IV. PROCEEDINGS ................................................................................................................................................ 100
V. DISCIPLINE OF FILIPINO LAWYERS WHO PRACTICE IN FOREIGN JURISDICTIONS .............................. 104
D. READMISSION TO THE BAR ............................................................................................................................... 105

I. LAWYERS WHO HAVE BEEN SUSPENDED .................................................................................................. 105
II. LAWYERS WHO HAVE BEEN DISBARRED .................................................................................................... 105
III. LAWYERS WHO HAVE BEEN REPATRIATED ............................................................................................... 106
E. MANDATORY CONTINUING LEGAL EDUCATION ............................................................................................. 106

I. PURPOSE ......................................................................................................................................................... 106
II. REQUIREMENTS .............................................................................................................................................. 106
III. COMPLIANCE ................................................................................................................................................... 106
IV. EXEMPTIONS ................................................................................................................................................... 107
V. SANCTIONS ...................................................................................................................................................... 107
F. NOTARIAL PRACTICE (A.M. NO. 02-8-13-SC, AS AMENDED) .......................................................................... 108

I. QUALIFICATIONS ............................................................................................................................................. 108
II. TERM OF OFFICE OF NOTARY PUBLIC ........................................................................................................ 108
III. POWERS AND LIMITATIONS........................................................................................................................... 109
IV. NOTARIAL REGISTER ..................................................................................................................................... 112
V. JURISDICTION OF NOTARY PUBLIC AND PLACE OF NOTARIZATION ...................................................... 113
VI. REVOCATION OF COMMISSION .................................................................................................................... 113
VII.COMPETENT EVIDENCE OF IDENTITY ........................................................................................................ 115
VIII. SANCTIONS ................................................................................................................................................... 115
IX. CONSEQUENCES OF DEFECTIVE NOTARIZATION ..................................................................................... 116
G. DUTIES OF LAWYERS UNDER SPECIFIC PROVISIONS IN THE RULES OF COURT ...................................... 117
I. JUDGMENTS, FINAL ORDERS AND ENTRY OF JUDGMENTS .................................................................. 117
II. CONTEMPT ..................................................................................................................................................... 117
III. ARRAIGNMENT AND PLEA ........................................................................................................................... 118
IV. ATTORNEY-CLIENT PRIVILEGE ................................................................................................................... 119
V. POWERS AND DUTIES OF COURT AND JUDICIAL OFFICERS ................................................................. 119
VI. DISQUALIFICATION OF JUDICIAL OFFICERS/INHIBITION ........................................................................ 122
VII. WITHDRAWAL FROM A CASE ..................................................................................................................... 122
VIII. STANDING IN COURT OF PERSONS AUTHORIZED TO APPEAR FOR THE GOVERNMENT ................ 122
IX. GOVERNMENT LAWYERS AND PRIVATE PRACTICE ................................................................................ 122
X. AMICUS CURIAE ............................................................................................................................................ 122
H. SUMMARY: COUNTERPART DUTIES OF LAWYERS AND JUDGES UNDER LEGAL AND JUDICIAL ETHICS
123
II. JUDICIAL ETHICS ..................................................................................................................................................... 126

A. SOURCES OF JUDICIAL ETHICS ........................................................................................................................ 127
I. NEW CODE OF JUDICIAL CONDUCT FOR THE PHILIPPINE JUDICIARY (NCJC) ...................................... 127
II. CODE OF JUDICIAL CONDUCT (CJC) ............................................................................................................ 127
III. CANONS OF JUDICIAL ETHICS (CJE) ............................................................................................................ 127
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IV. RELATIONSHIP BETWEEN THE NCJC, CJC, & CJE ..................................................................................... 127
B. QUALITIES ............................................................................................................................................................ 128

I. INDEPENDENCE .............................................................................................................................................. 128
II. INTEGRITY ........................................................................................................................................................ 135
III. IMPARTIALITY .................................................................................................................................................. 138
IV. PROPRIETY ...................................................................................................................................................... 142
V. EQUALITY ......................................................................................................................................................... 150
VI. COMPETENCE AND DILIGENCE .................................................................................................................... 152
C. ADMINISTRATIVE JURISDICTION OVER JUDGES AND JUSTICES ................................................................ 156
D. DISQUALIFICATION OF JUDICIAL OFFICERS................................................................................................... 157

I. COMPULSORY ................................................................................................................................................. 158
II. VOLUNTARY ..................................................................................................................................................... 159
III. GROUNDS FOR MANDATORY AND VOLUNTARY DISQUALIFICATION (RULE 137 & NCJC COMPARED)
161
E. DISCIPLINE OF MEMBERS OF THE JUDICIARY ................................................................................................ 163

I. MEMBERS OF THE SUPREME COURT .......................................................................................................... 163
II. LOWER COURT JUDGES AND JUSTICES ..................................................................................................... 166
III. FLOWCHART FOR THE PROCEDURE IN FILING ADMINISTRATIVE COMPLAINTS .................................. 170
IV. GROUNDS FOR DISCIPLINARY ACTION ....................................................................................................... 171
V. SANCTIONS IMPOSED BY THE SUPREME COURT ON ERRING MEMBERS OF THE JUDICIARY .......... 171
III. PRACTICAL EXERCISES ......................................................................................................................................... 178
A. DEMAND AND AUTHORIZATION LETTERS ..................................................................................................... 178
B. CONTACT OF SALE ............................................................................................................................................. 181
C. CONTRACT OF LEASE ........................................................................................................................................ 181
D. SPECIAL POWER OF ATTORNEY ....................................................................................................................... 188
E. VERIFICATION AND CERTIFICATE OF NON-FORUM SHOPPING ................................................................... 194
F. NOTICE OF HEARING AND EXPLANATION IN MOTIONS ................................................................................. 198
G. JUDICIAL AFFIDAVIT ........................................................................................................................................... 199
H. NOTARIAL CERTIFICATES: JURAT AND ACKNOWLEDGEMENT................................................................... 204
I. MOTIONS FOR EXTENSION OF TIME, TO DISMISS AND TO DECLARE IN DEFAULT.................................... 209
J. QUITCLAIMS IN LABOR CASES ......................................................................................................................... 214
K. PROMISSORY NOTE ............................................................................................................................................ 217
L. INFORMATION. IN CRIMINAL CASES ................................................................................................................. 218
M. RETAINER AGREEMENT ..................................................................................................................................... 220
PASSION FOR JUSTICE ................................................................................................................................................... 222
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MESSAGE
Dear Bar Candidate,
We hope your review is going well!
Legal ethics is easily the most underrated subject in law school and the bar examinations. It is “only” 3 units in the law
curriculum and “only” constitutes five percent (5%) of your bar examination grade. Yet out of all the subjects in law school,
it is the one subject that you will most certainly use every day of your law practice. If you master it, you can potentially
become a “great” lawyer.1 But if you don’t take it seriously, you could end up featured in the SCRA for the wrong reasons.
Because we take legal ethics very seriously, we have poured in a lot of time, thought, effort, and energy into the 2021 ALS
Ethics Reviewer that you now hold in your hands (whether literally or figuratively). We have extensively reviewed, reworked,
and revised this edition to make sure that it reflects the latest updates in the rules and jurisprudence (and there have been
many). We have also added innovations like mind maps, comparative tables, and mnemonic devices to facilitate your
understanding and mastery of the various concepts. There is also an inspirational message waiting for you at the end of
this reviewer.
We hope that you will read this reviewer not only to prepare for the bar exams but to prepare for your life's work that awaits
you.
All the best and God bless you!
Your ALS Legal & Judicial Ethics Bar Ops Team
1
“Yet the truth remains true that never have our people had greater need than today for great lawyers, and for young men
and women determined to be great lawyers.“Great lawyers—not brilliant lawyers. A scoundrel may be, and often is, brilliant;
and the greater the scoundrel, the more brilliant the lawyer. But only a good man can become a great lawyer: for only a man
who understands the weaknesses of men because he has conquered them in himself; who has the courage to pursue his
ideals though he knows them to be unattainable; who tempers his conviction with respect for those of others because he
realizes he may be mistaken; who deals honorably and fairly with all, because to do otherwise would diminish him as well
as them—only such a man would so command respect that he could persuade and need never resort to force. Only such a
man could become a great lawyer. Otherwise, ‘what you are speaks so loudly, I cannot hear what you say.’” — Sen. Jose
W. Diokno's Letter to his eldest son, Jose Ramon, written on 23 October 1972 while in detention
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LEGAL ETHICS
Legal and Judicial Ethics
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I. LEGAL ETHICS a. Candor, fairness, and good faith

towards the courts
TOPIC OUTLINE UNDER THE SYLLABUS b. Respect for courts and judicial
officers
A. PRACTICE OF LAW c. Assistance in the speedy and
1. Concept efficient administration of justice
2. Qualifications for admission to the Bar d. Reliance on merits of case, not on
(B.M. No. 1153, March 9, 2010) impropriety tending to influence the
3. Continuing requirements for membership courts
in the bar 4. The clients
4. Appearance of Non-Lawyers a. Availability of service without
a. Law student practice rule (Rule discrimination
138-A) i. Services regardless of
b. Non-lawyers in courts and/or person’s status
administrative tribunals ii. Services as counsel de oficio
c. Proceedings where lawyers are iii. Valid grounds for refusal
prohibited from appearing as b. Candor, fairness, and loyalty to
counsels clients
5. Sanctions for practice or appearance i. Confidentiality rule
without authority ii. Privileged communication
6. Public officials and the practice of law iii. Conflict of interest
7. Lawyer’s authorized to represent the iv. Candid and honest advice to
government clients
8. The Lawyer’s Oath v. Compliance with laws
vi. Concurrent practice with
B. DUTIES AND RESPONSIBILITIES OF A another profession
LAWYER c. Client’s money and properties
1. Society i. Fiduciary relationship
a. Respect for law and legal ii. Co-mingling of funds
processes iii. Delivery of funds
b. Efficient and convenient legal iv. Borrowing or lending
services d. Fidelity to client’s cause
c. True, honest, fair, dignified, and i. Use of fair and honest means
objective information on legal ii. Client’s fraud
services iii. Procedure in handling cases
d. Participation in the improvements e. Competence and diligence
and reforms in the legal system i. Adequate protection
e. Participation in legal education ii. Negligence
program iii. Collaborating counsel
f. Lawyers in government service iv. Duty to apprise client
discharging their tasks f. Representation with zeal within
2. The legal profession legal bounds
a. Integrated Bar of the Philippines g. Attorney’s fees
b. Membership and dues i. Acceptance fees
c. Upholding the dignity and ii. Contingency fee
integrity of the profession arrangements
d. Courtesy, fairness, and candor iii. Champertous contracts
towards professional colleagues iv. Attorney’s liens
e. No assistance in unauthorized v. Fees and controversies with
practice of law clients
3. The courts vi. Concepts of attorney’s fees
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h. Preservation of client’s 4. Attorney-client privilege

confidences 5. Powers and duties of court and judicial
i. Prohibited disclosures and officers
use 6. Disqualification of judicial
ii. Disclosures, when allowed officers/inhibition
i. Withdrawal of services 7. Withdrawal from case
j. Duties of lawyers in case of death 8. Standing in court of persons authorized to
of parties represented appear for the government
9. Government lawyers and private practice
C. SUSPENSION, DISBARMENT, AND 10. Amicus curiae
DISCIPLINE OF LAWYERS
1. Nature and characteristics of disciplinary
actions against lawyers
a. Sui generis
b. Prescription of actions
2. Grounds
3. How instituted
4. Proceedings
5. Discipline of Filipino lawyers who practice
in foreign jurisdictions
6. Sanctions
D. READMISSION TO THE BAR

1. Lawyers who have been suspended
2. Lawyers who have been disbarred
3. Lawyers who have been repatriated
E. MANDATORY CONTINUING LEGAL

EDUCATION
1. Purpose
2. Requirements
3. Compliance
4. Exemptions
5. Sanctions
F. NOTARIAL PRACTICE
1. Qualifications of notary public
2. Term of office of notary public
3. Powers and limitations
4. Notarial register
5. Jurisdiction of notary public and place of
notarization
6. Revocation of commission
7. Competent evidence of identity
8. Sanctions
G. DUTIES OF LAWYERS UNDER SPECIFIC

PROVISIONS IN THE RULES OF COURT
1. Judgments, final orders, and entry of
judgments
2. Contempt
3. Arraignment and plea
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PRELIMINARY MATTERS 9. Counsel de parte — an attorney retained

by a party litigant, usually for a fee, to
LEGAL ETHICS prosecute or defend his cause in court
10. Counsel de oficio — an attorney
Definition of legal ethics appointed by the court to defend an
Legal Ethics is the “branch of moral science which indigent defendant in a criminal action or
treats of the duties which an attorney owes to the to represent a destitute party in a case.
court, to his client, to his colleagues in the (Rule 138, Sec. 31, ROC)
profession and to the public.” (Justice George 11. Lawyer “of counsel” – an experienced
Malcolm) lawyer, who is usually a retired member
of the judiciary, employed by law firms or
Terms consultant
1. Attorney — a person who is a member of
the Philippine Bar and who, by the What are the main sources of legal ethics in
warrant of another, practices law, or who the Philippines?
acts professionally in legal formalities, 1. The Lawyer’s Oath
negotiations or proceedings, by authority 2. The Code of Professional Responsibility
of his client. 3. Rule 138, Sec. 20 of the Rules of Court
2. Attorney ad hoc — a person appointed by (Duties of Attorneys)
the court to defend an absentee
defendant in the suit in which the Weight given to Canons of Professional Ethics
appointment was made The Canons of Professional Ethics (hereinafter
3. Attorney-at-law — that class of persons “CPE”) promulgated by the Philippine Bar
who are licensed officers of the court Association are binding only on its members.
empowered to appear, prosecute, and However, the CPE can provide guidance to the
defend, and upon whom peculiar duties, Bench and Bar, as the Supreme Court has cited
responsibilities, and liabilities are some of its provisions with approval in a number
developed by law as consequence of its decisions. (Form 28, appended to the Rules
4. Attorney-in-fact — an agent whose of Court as revised on Oct. 25, 1979)
authority is strictly limited by the
instrument appointing him. His authority is What are the specific duties of a lawyer under
provided in the special power of attorney Sec. 20 of Rule 138 of the Rules of Court? (J’s
or general power of attorney or letter of RED COAT)
attorney. He is not necessarily a lawyer. 1. To counsel or maintain such actions or
5. Attorney of Record — attorney whose proceedings only as appear to him as
name, together with his address, is Just, and such defenses only as he
entered in the record of a case as the believes to be honestly debatable under
designated counsel of the party litigant in the laws;
the case and to whom judicial notices 2. To observe and maintain the Respect
relative thereto are sent (Rule 7, Sec. 5, due to the courts of justice and judicial
Rules of Court (hereinafter “ROC”)) officers;
6. Bar — the legal profession 3. Not to Encourage either the
7. Bench — the judiciary commencement or the continuance of an
8. Counsel — is an adviser, a person action or proceeding or delay any man’s
professionally engaged in the trial or cause, from any corrupt motive or
management of a cause in court; a legal interest;
advocate managing a case at law 4. In the Defense of a person accused of a
(Villegas v. Legaspi, G.R. No. L-53869, crime, by all fair and honorable means,
March 25, 1982) regardless of his personal opinion as to
the guilt of the accused, to present every
defense that the law permits to the end
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that no person may be deprived of life or bar, and legal assistance to the underprivileged.
liberty, but by due process of law.; (PHIL. CONST. art. VIII, Sec. 5, Par. 5)
5. To maintain inviolate the Confidence and
at every peril to himself, to preserve the Exclusive power of the court to admit
secrets in connection with his client and applicants to the practice of Law
to accept no compensation in connection It is the primary and inherent prerogative of the
with his client’s business except from him Supreme Court to render the ultimate decision on
or with his knowledge and approval; who may be admitted and may continue in the
6. Never to reject for any consideration practice of law according to existing rules. The
personal to himself, the cause of the admission, suspension, disbarment and
defenseless or Oppressed; reinstatement of attorneys at law in the practice of
7. To maintain Allegiance to the Republic of the profession and their supervision have been
the Philippines and to support the disputably a judicial function and responsibility.
Constitution and to obey the laws of the Congress may repeal, alter and supplement the
Philippines; rules promulgated by this Court, but the authority
8. To employ, for the purpose of maintaining and responsibility over the admission,
the causes confided to him, such means suspension, disbarment and reinstatement of
only as are consistent with Truth and attorneys at law and their supervision remain
honor, and never seek to mislead the vested in the Supreme Court. (In Re: Cunanan, 94
judge or any judicial officer by an artifice Phil. 554, March 18, 1954)
or false statement of fact or law.
The practice of all professions in the Philippines
Significance of legal ethics (GRAAB) shall be limited to Filipino citizens, save in cases
1. Guard against the abuses and ills of the prescribed by law. (PHIL. CONST. art. XII, Sec. 14,
profession such as dishonesty, deceit, Par.2)
immorality, negligence, slothfulness, lack
of diligence, and the many forms of Scope of power to regulate the practice of law
malpractice of the members of the Bar The power to regulate the practice of law includes:
2. Raise the standard of the legal 1. Authority to define practice of law;
profession, encourage and enhance the 2. Prescribe the qualifications of a candidate
respect for the law to and the subjects of the bar
3. Assure an effective and efficient examinations;
administration of justice 3. Decide who will be admitted to practice;
4. Assist in the keeping and maintenance of 4. Discipline, suspend or disbar any unfit
the law and order in coordination with the and unworthy member of the Bar;
other departments of the government 5. Reinstate any disbarred or indefinitely
5. Provides for the Basis for the weeding suspended attorney;
out of the unfit and the misfit in the legal 6. Ordain the integration of the Bar;
profession for the protection of the public 7. Punish for contempt any person for
unauthorized practice of law; and
SUPERVISION AND CONTROL OF THE LEGAL 8. In general, exercise overall supervision of
PROFESSION the legal profession.
Regulation of the practice of law in the

Philippines
Sec. 5. The Supreme Court shall have the
following powers:
(5) 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
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A. PRACTICE OF LAW
a. Privilege
I. CONCEPT
Practice of law is merely a privilege, not a right
Definition of the practice of law The practice of law is not a matter of right but
Generally, to engage in the practice of law is to do merely a privilege bestowed upon individuals who
any of those acts which are characteristic of the are not only learned in the law but who are also
legal profession. (Cayetano v. Monsod, G.R. No. known to possess good moral character. (Agpalo,
100113, September 3, 1991, citing 111 ALR 23) Legal and Judicial Ethics, p. 41, 2009)
The practice of law means any activity, in or out of b. Profession, not a business
court, which requires the application of law, legal
procedure, knowledge, training and experience Law as a profession, not a business or trade
(Cayetano v. Monsod; most recently reiterated in It is a profession, not business; it is an essential
Arienda v. Monilla, A.M. No. P-11-2980, 2013) part in the administration of justice, a profession
and calls for legal knowledge, training, and in pursuit of which pecuniary reward is considered
experience for which a member of the bar has as merely incidental. It is not a moneymaking
been prepared. (Philippine Lawyer’s Association venture. (Jayme v. Bualan, G.R. No. 37386,
v. Celedonio Agrava, G.R. No. L-12426, February September 19, 1933)
16, 1959)
Rule 2.03: A lawyer shall not do or permit to be
What are some factors determinative of done any act designed primarily to solicit legal
engaging in the practice of law? (HACA) business.
1. Habituality implies customarily or
Sec. 25 of Rule 127 expressly provides that the
habitually holding oneself out to the public
practice of soliciting cases at law for the purpose
as a lawyer (People v. Villanueva, G.R.
of gain, either personally or thru paid agents or
No. L-19450, 1965);
brokers, constitutes malpractice. (Director of
2. Attorney-client relationship;
Religious Affairs v. Bayot, A.C. No. L-1117, March
3. Compensation implies that one must
20, 1944)
have presented himself to be in the active
practice and that his professional services
are available to the public for What are the primary characteristics which
compensation, as a source of his distinguish the legal profession from a
livelihood or in consideration of his said business?
services; 1. Duty of service, of which the emolument
4. Application of law, legal principle, is a by-product;
practice, or procedure calls for legal 2. A relation as an 'Officer of court' to the
knowledge, training and experience. administration of justice involving
(Cayetano v. Monsod, Dissenting opinion thorough sincerity, integrity and reliability;
of Justice Padilla, G.R. 100113, 3. A relation to clients in the Highest degree
September 3, 1991) of fiduciary;
4. A Relation to colleagues at the bar
Who may practice law? characterized by candor, fairness and
Any person heretofore duly admitted as a member unwillingness to resort to current
of the bar, or hereafter admitted as such in business methods of advertising and
accordance with the provisions of this rule, and encroachment on their practice or dealing
who is in good and regular standing. (Sec. 1, Rule with their clients. (Agpalo, Legal and
138, ROC) Judicial Ethics, p. 13, 2009)
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General coverage of practice of law 8. Other qualifications as may be prescribed by

1. Legal Advice and Instructions to clients to the Supreme Court. (In Re: Cunanan, supra)
inform them of their rights and obligations;
2. Preparation of Documents requiring Filipino graduates of foreign law schools may
knowledge of legal principles not take Philippine bar
possessed by ordinary layman; By virtue of B.M. No. 1153 (March 9, 2010) which
3. Appearance for clients before public amended Secs. 5 and 6 of Rule 138 of the Rules
tribunals (Ulep v Legal Clnic Inc, B.M. No of Court, the Supreme Court now allows Filipino
553, June 17, 1993); graduates of foreign law schools to take the
4. Teaching law is considered practice of Philippine Bar, subject to certain conditions.
law because the fact of their being law
professors is inextricably intertwined with Additional requirement for applicants for
the fact that they are lawyers. (Re: Letter admission
of UP Law Faculty, A.M. 10-10-4-SC,
1. Completion of all courses leading to the
March 8, 2011) degree of Bachelor of Laws or its
equivalent degree: Must satisfactorily
II.QUALIFICATIONS show that they have successfully
completed all the prescribed courses (i.e.,
Requisites for the practice of law civil law, commercial law, remedial law,
1. Admission to the Bar criminal law, public and private
2. Good and Regular Standing international law, political law, labor and
social legislation, medical jurisprudence,
Qualifications for the admission to the bar taxation and legal ethics);
Generally, every applicant for admission to the 2. Recognition and accreditation of law
practice of law must be (F21-Good-Resident) school by the proper authority: Must have
1. Filipino citizen; completed a degree of Bachelor of Laws
2. At least 21 years of age; in a in a law school or university officially
3. Of Good moral character; and, recognized by the Philippine Government
4. A Resident of the Philippines (Id. at Sec. 2) or by the proper authority in the foreign
jurisdiction where the degree has been
granted;
He must also show that:
3. Completion of all fourth year subjects in
1. No charges of Moral turpitude are filed or
the Bachelor of Laws academic program
pending against him (Id.)
in a law school duly recognized by the PH
2. Possesses the required Educational
Government.
qualifications (including a 4-year pre-law
Completion of a separate bachelor’s degree
degree in an authorized or recognized
A Filipino citizen who completed and obtained his
university or college) (Id., at Secs. 5 & 6)
or her degree in Bachelor of Laws or its equivalent
3. Must have already earned a Bachelor's
in a foreign law school must also present proof of
Degree in Arts or Sciences (pre-law);
completion of a separate bachelor’s degree. (B.M.
4. Law course - completed courses in Civil Law, No. 1153, supra)
Commercial Law, Remedial Law, Criminal
Law, Public International Law, Political Law,
A bachelor's degree alone, conferred by a law
Labor and Social Legislation, Medical
school upon completion of certain academic
Jurisprudence, Taxation, Legal Ethics;
requirements, does not entitle its holder to
5. Pass the Bar examinations (Id., at Secs. 14 & exercise the legal profession. (Cui v. Cui, G.R. No.
17); 39773, April 9, 1934)
6. Taken an Oath before the Supreme Court;
7. Signed and registered in the Roll of Attorneys;
and,
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Effect of not completing pre-law before taking 3. Have been administered the Lawyer’s
up law courses Oath;
X concealed the fact that he had not completed, 4. Have signed the Roll of Attorneys;
before taking up law subjects, the required pre- 5. Have been admitted to the IBP; and
legal education prescribed. Passing such 6. Remain members of the IBP in good
examinations is not the only qualification to standing.
become an attorney-at-law; taking the prescribed
courses of legal study in the regular manner is Effect of failure to sign Roll of Attorneys
equally essential. (Diao v. Martinez, A.C. No. 244, X failed to sign in the Roll of Attorneys allegedly
March 29, 1963) because he had misplaced the Notice to Sign the
Roll of Attorneys given by the Bar Office when he
Duty of court to ‘weed out’ lawyers went home to his province for a vacation. Only
It is the sworn duty of this Court not only to weed after several years of practice did he discover the
out” lawyers who have become a disgrace to the Notice and realized that he had failed to sign the
noble profession of the law but, also of equal roll. Practicing law while failing to sign the Roll of
importance, to prevent “misfits” from taking the Attorneys will make the offender guilty of
lawyer’s oath. The Court recognized that X, unauthorized practice of law. (In Re: Petition to
although convicted in a criminal case, is not Sign in the Roll of Attorneys, B.M. No. 2540,
inherently of bad moral fiber. Various certifications September 24, 2013)
show that he is morally fit to be a lawyer and is
thereby allowed to take the lawyer’s oath. (In Re: III.CONTINUING REQUIREMENTS FOR
Argosino, B.M. No. 712, July 13, 1995) MEMBERSHIP IN THE BAR
Effect of representing oneself as lawyer while a. Good Moral Character

not yet one
X, while not yet a lawyer, appeared as counsel for Definition of good moral character
a candidate in a local elections and even signed a The court has defined good moral character as
pleading representing himself as a lawyer. “something more than an absence of bad
Possession of moral integrity is of greater character. It is the good name, which, the
importance than possession of legal learning. The applicant has acquired, or should have acquired,
practice of law is a privilege bestowed only on the through association with his fellows. It means that
morally fit. A bar candidate who is morally unfit he must have conducted himself as a man of
cannot practice law even if he passes the bar upright character ordinarily would, or should, or
examinations. (Aguirre v. Rana, B.M. No. 1036, does. Such character expresses itself in the will to
2003) do the unpleasant thing if it is right, and the
resolve not to do the pleasant thing if it is wrong.
Who may use the term ‘attorney’? (In Re: Al C. Argosino, citing 131 S.E. 661, 1926)
The term “attorney” is reserved for those who
pass the Philippine Bar. Those who only took and The non-disclosure of pending criminal cases in
passed the Shari’a Bar cannot use it. (Alawi v. one's petition to take the bar examinations is an
Alauya, A.M. SDC-97-2-P, 1997) act of concealment which constitutes dishonesty
and speaks of the petitioner’s lack of the requisite
The unauthorized use of the appellation "attorney" good moral character. It is also violative of Rule
may render a person liable for indirect contempt 7.01 of the Code of Professional Responsibility,
of court. (In re: Petition to take the bar, B.M. No. which states that “a lawyer shall be answerable for
1209, July 1, 2003) knowingly making a false statement or
suppressing a material fact in connection with his
The title ‘attorney’ is reserved to those who: application for admission to the bar.” The merit of
1. Have obtained the necessary degree in the cases against the petitioner is immaterial. (In
the study of law; the Matter of the Disqualification of Bar Examinee
2. Have passed the Philippine bar exams;
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Haron S. Meling in the 2002 Bar Examinations, b. Citizenship; Reacquisition of the

B.M. No. 1154, June 8, 2004) Privilege to Practice Law in the
Philippines
Hazing cases vis-a-vis legal ethics
In the case of In re Al C. Argosino (B.M. No. 712, Citizenship requirement
1995), petitioner Argosino, along with 13 other General Rule: The practice of all professions in
individuals, was convicted of reckless imprudence the Philippines shall be limited to Filipino citizens,
resulting in homicide due to his involvement in the save in cases prescribed by law. (PHIL. CONST. art.
fraternity hazing which resulted in the death of XII, Sec.14, par.2)
Raul Camaligan. While his application for
probation was granted and he was allowed to take Being a Filipino citizen is a "continuing
the 1993 bar examinations (which he passed), his requirement" for law practice in the Philippines,
petition to take the Lawyer's Oath and to sign the and the loss of it automatically means the
Roll of Attorneys was denied. The Supreme Court termination of that privilege. (Petition to Resume
eventually allowed him to take the Lawyer's Oath Practice of Law of Dacanay, B.M. 1678,
when he presented proof of the required moral December 1, 2007)
character.
Exception: Re-acquisition of the privilege to
In the case of Villareal vs. People, Lenny Villa was practice law in the Philippines under R.A. No.
discovered to have died during the initiation rites 9225 or the Citizenship Retention and
of the Aquila Legis fraternity. Of the thirty-five (35) Reacquisition Act of 2003.
accused and charged for his death, five were
found guilty beyond reasonable doubt of reckless A Filipino lawyer who became a citizen of another
imprudence resulting in homicide. They were country and later reacquired Filipino citizenship
ordered to serve a maximum term of 4 years and under R.A. No. 9225 remains a member of the
2 months of prision correctional. (Consolidated Philippine Bar.
cases of Villareal vs. People of the Philippines,
G.R. No. 151258, People vs. Court of Appeals, However, the right to resume the practice of law is
G.R. No. 154954, Dizon vs. People, G.R. No. not automatic. R.A. No. 9225 provides that a
155101, and Villa vs. Escalona, G.R. Nos. 178057 person reacquiring Filipino citizenship, who
and 178080, February 1, 2012) intends to practice law in the Philippines, must
apply with the Office of the Bar Confidant for a
Prohibitions and limitations in the practice of license or permit to engage in such practice,
law together with the following requirements:
1. Appearance of non-Lawyers in Court; 1. Petition for reacquisition of Philippine
2. Practice of Law by Public Officials; citizenship;
3. Practice of Law by a Corporation. 2. Order for reacquisition of Philippine
citizenship;
What are the continuing requirements for 3. Oath of Allegiance to the Republic of the
membership in the bar? Philippines;
1. Citizenship; 4. Identification Certificate (IC) issued by the
Bureau of Immigration;
2. Good Moral Character;
5. Certificate of Good Standing issued by the
3. Payment of professional Tax;
IBP;
4. Membership in the IBP;
6. Certification from the IBP indicating updated
5. Payment of IBP dues;
payments of annual membership dues;
6. Good and regular standing;
7. Proof of payment of professional tax; and,
7. Compliance with the MCLE.
8. Certificate of compliance issued by the MCLE
Office;
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9. Retaking of the lawyer’s oath. (In Re: Petition Applicability of rule on privileged
to Re-acquire the Privilege to Practice Law in communications
the Philippines, B.M. No. 2112, July 24, 2012) The rule on privileged communications applies to
communications made to or received by the law
IV.APPEARANCE OF NON-LAWYERS student practitioner. (cf. Rule 138-A, Sec. 9 (d),
ROC, as revised)
General Rule: Non-lawyers cannot practice law.
Exceptions: Non-lawyers may appear in certain b. Non-Lawyers in Courts
cases:
1. Right to self-representation: In cases
a. Law Student Practice (Rule 138-A as before the MTC, a non-lawyer may
amended by A.M. No. 19-03-24-SC, represent himself as a party to the
June 25, 2019) litigation in person. A fourth year law
student may seek to enter his appearance
Clinical Legal Education Program for and on his own behalf as plaintiff in a
A law student practitioner who is enrolled in civil case NOT because of Rule 138-A but
his/her law school’s Clinical Legal Education because of Sec. 34 of Rule 138. (Cruz v.
Program and has obtained Level 2 Certification Mijares, G.R. No. 154464, September 11,
may, subject to the supervision and approval of a 2008)
supervising lawyer, appear on behalf of 2. Rule 138, Sec. 34 also allows a non-
marginalized clients before any court, quasi- lawyer to represent his friend before the
judicial or administrative body. (Rule 138-A, Sec. MTC.
4, ROC, as revised) 3. In criminal cases before the MTC in a
locality where a duly licensed member of
Must be under the direct supervision & control the Bar is not available, the judge may
of an IBP member appoint a non-lawyer who is (1) a resident
The student shall be under the direct supervision of the province (2) of good repute for
and control of an IBP member who is duly probity and ability to aid the accused in his
accredited as a supervising lawyer by the law defense. (Sec. 7, Rule 116, ROC)
school. 4. They may also appear before the
Cadastral Court. (Sec. 9, Cadastral Act,
Rule on who signs the documents Act No. 2259)
All papers to be filed must be signed by the
supervising attorney for and in behalf of the Does a person have the right to represent
school’s Clinical Legal Education Program. (Rule himself in civil cases?
138-A, Sec. 11 (e), ROC, as revised) Yes. An individual litigant has the right to conduct
his litigation personally in civil cases. (Rule 138,
Personal conduct of law student Sec. 34, ROC)
The law student practitioner must comply with the
standards of professional conduct governing Can a person represent himself in criminal
members of the Bar. Violations of the Code of cases?
Professional Responsibility shall subject the Yes, except in criminal cases involving grave and
supervising lawyer, Clinical Legal Education less grave offenses, an accused who is a layman
Program Head, and/or the law school dean to must always appear by counsel. He cannot
disciplinary action, as the circumstances may conduct his own defense, as his right to counsel
warrant. (Rule 138-A, Sec. 13 (b), ROC, as may not be waived without violating his right to
revised) due process of law. (People v. Holgado, G.R. No.
L-2809, March 22, 1950)
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c. Non-Lawyers in Administrative V.SANCTIONS FOR PRACTICE OR

Tribunals and Labor Tribunals APPEARANCE WITHOUT AUTHORITY
Administrative Tribunals What constitutes unauthorized practice of

law?
Non-Lawyers before the DARAB
1. Non-lawyers (not falling under any of the
A non-lawyer may represent a party before the
exceptions) appearing in courts;
Department of Agrarian Reform Adjudication
2. Government lawyers who engage in the
Board (DARAB). (Rule VIII, Sec. 1, 2009 DARAB
practice of law during their service in
Rules of Procedure)
government when they are expressly
prohibited from doing so;
Non-lawyers before the NLRC or LA 3. Government lawyers who are not
Non-lawyers may also appear before the NLRC or
expressly prohibited from practicing law
any Labor Arbiter if (1) they represent themselves,
but who fail to secure the necessary
(2) they represent their organization or members
permission from their head of agency;
thereof or (3) they are duly accredited members of
4. Lawyers who engage in the practice while
any legal aid office duly recognized by the DOJ or suspended or disbarred.
the IBP in cases referred to the latter. (Art. 222,
Labor Code, P.D. 442, as amended)
a. Lawyers Without Authority
Procedure when non-lawyers represent a
party before the HLURB A lawyer who appears without proper authority
Non-lawyers may also appear before the HLURB. from a client is liable for contempt as an officer of
A non-lawyer who represents a party shall attach the court who misbehaved in his official
to the pleading a special power of attorney transactions. (Rule 138, Sec. 25, ROC)
authorizing such person to file the case and an
affidavit duly executed by the party represented A member of the bar may be removed or
stating the reasons why such person was suspended from his office as attorney by the
authorized. (Sec. 11(b), Rule 3, 2011 Revised Supreme Court for corruptly or willful appearing as
Rules of Procedure of the HLURB, Res. No. 871) an attorney for a party to a case without authority
so to do. (Rule 138, Sec. 27, ROC)
d. Proceedings Where Lawyers are
Prohibited From Appearing What are the remedies against unauthorized
practice of law? (Contempt-DIED)
1. Small claims (The Rule of Procedure for
1. CONTEMPT of court (Rule 71, Sec. 3(e),
Small Claims Cases, A.M. 08-8-7-SC)
ROC)
except when the lawyer himself is the
2. Disqualification and complaints for
plaintiff or defendant, but under no
disbarment (Rule 138, Sec. 27, ROC)
circumstances can he appear as a
3. Petition for Injunction (Ulep v. The Legal
representative or attorney-in-fact of the
Clinic, B.M. No. 553, July 17, 1993)
party;
4. Criminal complaint for Estafa against a
2. Katarungang Pambarangay proceedings;
person who falsely represented to be an
3. Lawyers who are members of Congress
attorney to the injury of a party (Saladaga
are prohibited from appearing before any
v. Astorga, A.C. No. 4697, Nov. 25, 2014)
court of justice, before the Electoral
5. Declaratory relief (Que v. Revilla Jr.,
Tribunals, and quasi-judicial and other
A.C. No 7054, December 4, 2009)
administrative bodies (PHIL. CONST. art.
VI, Sec. 14);
b. Persons Not Lawyers
4. Proceedings which involve a conflict of
interest for the lawyer. (Mejia v. Reyes,
A.C. No. 378, March 30, 1962) A non-lawyer who practices law is guilty of illegal
practice of law. (Zeta v. Malinao, Adm. Case No.
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P-220, December 20, 1978) In addition, he may connection with any matter in which he had
be liable for indirect contempt for assuming to be intervened while in said service. (Rule 6.03, CPR)
an attorney or an officer of a court, and acting as
such without authority. (Rule 71, Sec. 3(e), ROC) A lawyer does not shed his professional
He can also be criminally prosecuted for such obligations upon assuming public office (Report of
false representation. IBP Committee, p. 30). Hence, lawyers engaged
in government service are also governed by the
Remedies available against unauthorized Canons and Rules in the Code of Professional
practice of law Responsibility (Canon 6, CPR; Pineda, p. 100).
They are expected to be more sensitive to their
NON-
REMEDY LAWYERS professional obligation because their conduct may
LAWYERS
be scrutinized by the public eye. (Report of IBP
Petition for ✓ ✓ Committee, p. 30)
Injunction
b. Restrictions on Lawyers in
Contempt of ✓ ✓ Government and Public Service with
Court Regard to Practice of Law
Disqualification ✓ General Rule: Public officials and employees are

and complaint prohibited from engaging in the private practice of
for disbarment law during their term.
Declaratory ✓ Exception: If authorized by the Constitution or

relief law, and provided such practice shall not interfere
in the performance of his duties. (R.A. 6713, Sec.
Administrative ✓
7(b)(2))
complaint
against erring
Lawyers in government service cannot handle
lawyer or
private cases for they are expected to devote
government
themselves full-time to the work of their respective
official
offices. (Ramos v. Imbang, A.C. 6788, August 23,
Criminal ✓ 2007)
complaint for
Estafa for falsely Although the Commission allows CHR lawyers to
representing engage in private practice, a written request and
himself to be an approval thereof, with a duly approved leave of
attorney absence for that matter are indispensable. (Yumol
v. Ferrer, A.C. No. 6585, April 21, 2005; See Rule
XVIII, Sec. 12, Revised Civil Service Rules, cf.
VI.PUBLIC OFFICIALS AND PRACTICE OF Memorandum Circular No. 17, s. 1986 and
LAW Special Rules governing members of the judiciary.
See Rule 138, Sec. 35, ROC vis- a-vis RA 6713,
a. Prohibitions or Disqualifications of Sec. 7(b)(2))
Former Government Attorneys
The Canons shall apply to lawyers in government

services in the discharge of their tasks. (Canon 6,
CPR)
A lawyer shall not, after leaving government

service, accept engagement or employment in
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c. Comparative Table: Restrictions on Lawyers in Government and Public Service with regard to
Practice of Law
RESTRICTIONS/
GOVERNMENT OFFICIAL LEGAL BASIS
PROHIBITIONS
1 President of the Philippines
President, Vice-President, Members of the cabinet, their
2 Vice-President
CABINET
Deputies or Assistants shall not hold any other office or

3 Members of the Cabinet employment during their tenure. They should also not
practice any other profession, participate in any business,
4 Deputies, assistants of the or be financially interested in any contract with the
President, Vice-President, Government. (PHIL. CONST. art. VII, Sec. 13)
and Members of the Cabinet
5 ABSOLUTELY
PROHIIBITED No member of a Constitutional Commission shall, during his
FROM PRACTICING tenure, hold any other office or employment. Neither shall
Members and Chairman of LAW he engage in the practice of any profession, in the active
the Constitutional NOT allowed to engage management or control of any business, nor shall be
CONSTITUTIONAL
Commissions in the private practice financially interested in any Government contract. (PHIL.
of law in the Philippines
OFFICES
CONST. art. IX-A, Sec. 2)
6
During their tenure, they shall be subject to the same
disqualifications and prohibitions (of the Members and
Ombudsman and Deputy
Chairman of the Constitutional Commissions) as provided
Ombudsman
for in Sec. 2 of Article IX-A of the Constitution. (PHIL. CONST.
art. XI, Sec. 8)
7 Senators
No Senator or member of the House of Representative may
CONGRESS
8 personally appear as counsel before any court of justice as

before the Electoral Tribunals, as well as quasi-judicial and
Allowed to engage in
other administrative bodies (PHIL. CONST. art. VI, Sec. 14)
the private practice of
Members of the House of law, subject to certain
However, they are allowed to engage in other aspects of the
Representatives restrictions
law practice such as giving of legal advice to clients,
negotiating contracts on behalf of clients which necessitates
legal knowledge and similar others.
9 Governors ABSOLUTELY
PROHIIBITED All governors, city and municipal mayors are prohibited from
10 FROM PRACTICING practicing their profession or engaging in any occupation
LAW other than the exercise of their functions as local chief
LGU
City and municipal mayors NOT allowed to engage executives. (Sec. 90(a), Local Government Code)
in the private practice
of law in the Philippines
11
Allowed to engage in Sanggunian members may practice their professions
Sanggunian members
the private practice of provided that if they are members of the Bar, they shall not:
Page 12 of 223
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law, subject to certain a. Appear as counsel before any court in any civil case
restrictions wherein a local government unit or any office,
agency, or instrumentality of the government is the
adverse party;
LGU
b. Appear as counsel in any criminal case wherein an

officer or employee of the national or local
government is accused of an offense committed in
relation to his office;
c. Collect any fee for their appearance in
administrative proceedings involving the local
government unit of which he is an official; or
d. Use property and personnel of the government
EXCEPT when the Sanggunian member concerned
is defending the interest of the government. (Sec.
91, Local Government Code)
12
No judge or other official or employee of the superior courts
or of the Office of the Solicitor General, shall engage in
Judges and court ABSOLUTELY private practice as a member of the bar or give professional
employees of superior PROHIIBITED advice to clients. (Rule 138, Sec. 35, ROC)
courts FROM PRACTICING
LAW Judges shall not practice law whilst the holder of judicial
NOT allowed to engage office. (Canon 4, Sec. 11, New Code of Judicial Conduct)
JUDICIARY
in the private practice

13 of law in the Philippines
Judges and court Judges shall not practice law whilst the holder of judicial
employees of lower courts office. (Canon 4, Sec. 11, New Code of Judicial Conduct)
14
A retired justice or judge receiving pension from the
Allowed to engage in government cannot act as counsel in any civil case in which
the private practice of the Government, or any of its subdivision or agencies, is the
Retired Justice/Judge
law, subject to certain adverse party or in a criminal case wherein an officer or
restrictions employee of the Government is accused of an offense in
relation to his office. (Sec. 1, RA 910, as amended)
15
No judge or other official or employee of the superior courts
OSG
Solicitors and trial lawyers

or of the Office of the Solicitor General, shall engage in
of the Office of the Solicitor- ABSOLUTELY private practice as a member of the bar or give professional
General PROHIBITED advice to clients. (Rule 138, Sec. 35, ROC)
FROM PRACTICING
LAW
16 NOT allowed to engage
in the private practice Government prosecutors are prohibited to engage in the
DOJ
Government prosecutors of law in the Philippines private practice of law. (People v. Villanueva, G.R. No. L-
under the DOJ 19450, May 27, 1965 & Lim-Santiago v. Sagucio, A.C. No.
6705, March 31, 2006)
Page 13 of 223
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17
Public Attorneys are strictly prohibited from engaging in
PAO
private law practice except in cases involving immediate

Generally prohibited
members of their family, in which case a written
PAO lawyers from practicing law,
authorization of the Chief Public Attorney must first be
with a single exception.
obtained. (PAO Code of Conduct, PAO Memorandum
Circular No. 007, series of 2010)
18
Civil service officers or employees are duty-bound to place
their entire time at the disposal of the government. (Catu v.
OTHER LAWYERS IN
Rellosa, AC No. 5738, February 19, 2008)

CIVIL SERVICE
Civil officers or employees need to secure a written permit

Allowed to engage in
from the head of the department concerned, unless such
Other civil service the private practice of
official is expressly prohibited from practicing law. (Zeta v.
employees law, subject to certain
Malinao, AM No. P220, December 20, 1978)
restrictions
But if such official is authorized by the department head, he
may, in an isolated case, represent a relative or a close
family friend. (Noriega v. Sison, AM No. 2266, October 27,
1983)
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Practice of law by a corporation Code defining the duties and

A corporation cannot practice law directly or responsibilities of the OSG. (OSG v. CA,
indirectly by employing a lawyer to practice for it G.R. No. 199027, June 9, 2014)
or to appear for others for its benefit. (Rule 138, 2. Deputized Agent — The Sol. Gen. may
Sec. 1, ROC) deputize other government officials in the
prosecution of its cases. In such cases,
However it may hire an attorney to attend to and notice to the deputized agent will not bind
conduct its own legal business and affairs. the Sol. Gen. until notice is actually
received by the Sol. Gen. But when a
Reasons why corporations are not allowed to government agency which the Sol. Gen.
practice law is tasked to represent appears through its
internal counsel, then notice to such
1. The intervention of the corporation is
internal counsel is deemed notice to the
destructive of the privilege and of the
Solicitor General. (Commissioner of
confidential and trust relation between
Customs v. CA, G.R. No. 132929, March
attorney and client.
27, 2000)
2. Being a juridical person and not a natural
3. Private Lawyer hired by GOCC — A
person, a corporation cannot perform the
GOCC may also engage the services of a
conditions required for membership in the
private lawyer, provided that the
Bar.
following indispensable conditions are
met: (a) private counsel can only be hired
VII. LAWYERS AUTHORIZED TO
in exceptional cases; (b) the GOCC must
REPRESENT THE GOVERNMENT
first secure the written conformity and
Lawyers authorized to represent the acquiescence of the Sol. Gen. or the
government OGCC, as the case may be; and (c) the
Any person appointed to appear for the written concurrence of the COA must also
Government of the Philippines in accordance with be secured. (Vargas, et al. v. Ignes, A.C.
law is authorized to represent the government. No. 8096, July 5, 2010)
(Rule 138, Sec. 33, ROC)
Discipline of lawyers in government service
General Rule: It is the Office of the Solicitor General Rule: A lawyer who holds public office
General (Sol. Gen.) that represents the may not be disciplined as a member of the bar for
government in cases involving or affecting it. For misconduct in the discharge of his duties as a
cases involving government-owned or controlled government official.
corporations (GOCCs), it is generally the Office of
Exception: The misconduct constitutes a
the Government Corporate Counsel (OGCC) that
violation of his duties as a lawyer. (Olazo v.
appears.
Justice Tinga, A.M. No. 10-5-7-SC, December 7,
2010)
Exceptions:
1. Municipal Legal Officer — However, the Misconduct in office as a public official may be a
OSG cannot be directed to file a pleading ground for disciplinary action if it is of such
on behalf of a Municipality. Based on Sec. character as to affect his qualification as lawyer or
481(b)(3)(i) of the Local Government to show moral delinquency.
Code, it is the municipal legal officer, or in
the absence of one, the provincial Disbarment cannot be used as a means of
attorney, who must represent a unseating or ousting a public official, especially
municipality in court cases. Being a where admission to the bar is one of the requisites
special law on the issue of representation for holding public office. For example, the
in court that is exclusively made ombudsman cannot be disbarred since it is a
applicable to LGUs, the LGC must prevail constitutional requirement that he or she must be
over the provisions of the Administrative a lawyer.
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VIII.LAWYER’S OATH
The lawyer's oath is not a mere ceremony or

formality for practicing law. Every lawyer should at
all times weigh his actions according to the sworn
promises he makes when taking the lawyer's oath.
If all lawyers conducted themselves strictly
according to the lawyer's oath and the Code of
Professional Responsibility, the administration of
justice will undoubtedly be faster, fairer and easier
for everyone concerned. (In re: Argosino, supra)
“I, __________________, do solemnly swear that

I will maintain allegiance to the Republic of the
Philippines;
I will support 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 the doing of

any in court;
I will not willingly nor wittingly promote or sue any

groundless, false or unlawful suit, or give aid nor
consent to the same;
I will delay no man 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 court as to my clients
and I impose upon myself these voluntary

obligations without any mental reservation or
purpose of evasion. So help me God.
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a. Mind Map for Legal Ethics
This mind map shows the connections and relationships among the various sources of legal ethics, namely: the Lawyer’s
Oath, the Code of Professional Responsibility, and Rule 138, Sec. 20 of the Rules of Court. The International Principles on
Conduct for the Legal Profession formulated by the International Bar Association are also included to situate the Philippine
rules within the larger ethical framework shared by the global legal profession. (Mind Map by Richela Puno and Atty. Ma.
Tanya Karina A. Lat)
————- end of topic ————-
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B. DUTIES AND RESPONSIBILITIES OF

A LAWYER a. Respect for Law and Legal Processes
What are the four-fold duties of a lawyer? Duty to uphold the Constitution and obey the
(SPCC) law
1. Society/Public (Canons 1-6) — Lawyer Canon 1 - A Lawyer shall uphold the Constitution,
should not violate his responsibility to obey the laws of the land and promote respect for
society, exemplar for uprighteousness, law and legal processes.
ready to render legal aid, foster social
reforms, guardian of due process, aware
Duty not to engage in unlawful conduct
of special role in the solution of special
problems and be always ready to lend Rule 1.01 of the CPR provides that a lawyer “shall
assistance in the study and solution of not engage in unlawful, dishonest, immoral or
social problems; deceitful conduct.”
2. The Legal Profession (fellow lawyers)
(Canons 7-9) — Candor, fairness, Unlawful conduct
courtesy and truthfulness, avoid An act or omission which is against the law. The
encroachment in the business of other law transgressed or violated need not be a penal
lawyers, uphold the honor of the law. The presence of evil intent on the part of the
profession; lawyer is not essential in order to bring his act or
3. Court (Canons 10-13) — Respect or omission within the terms of this Rule. (Samson v.
defend it against criticisms, uphold Restrivera G.R. No 178454, March 28, 2011)
authority and dignity, obey its orders and
processes, assist in the administration of Dishonest act
justice; and A dishonest act is an act which characterizes the
4. Client (Canons 14-22) — Entire devotion absence of integrity; a disposition to cheat,
to client’s interest. (Cruz v. Aliño- deceive, defraud, or betray. (Balasbas v.
Hormachuelos, A.M No. CA-04-38, March Monayao G.R. No 190524, February 17, 2014)
31, 2004)
Immoral or deceitful conduct
I.DUTIES TO SOCIETY Conduct that involves moral turpitude, and
includes acts done contrary to justice, modesty or
General overview good morals amongst others. (In re: Basa, 41 Phil.
The primary duty of a lawyer to the society or the 275, December 7, 1920)
State is to maintain allegiance to the Republic of
the Philippines, uphold the Constitution and obey Grossly immoral conduct
the laws of the land. (Lawyer’s Oath; Rule 138, Conduct which is willful, flagrant, or shameless
Sec. 20, ROC; Canon 1 of the CPR; Montecillo v. and which shows a moral indifference to the
Gica, 60 SCRA 234, October 21, 1974) opinion of the good and respectable members of
the community (Arciga v. Maniwag, 106 SCRA
While the duty to uphold the Constitution and obey 591, August 14, 1981). It is so corrupt and false
the law is an obligation imposed on every citizen, as to constitute a criminal act or so unprincipled or
a lawyer assumes responsibilities well beyond the disgraceful as to be reprehensible to a high
basic requirements of good citizenship. As a degree. (Reyes v. Wong, A.M. No. 547, January
servant of the law, a lawyer likewise entrusted w 29, 1975)
the administration of law and the dispensing of
justice. (Samala v. Valencia, A.C. No. 5439, Moral turpitude
January 22, 2007 & Lee v. Tambango, A.C. No. Anything which is done contrary to justice,
5281, February 12, 2008) honesty, modesty or good morals (Rule 138, Sec.
27, Rules of Court), or to any act of vileness,
baseness or depravity in the private and social
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duties that a man owes his fellowmen or to and cry” so that their motions would be granted
society, contrary to the accepted rule of right and and their cases against them would be dismissed,
duty between man and man. (In re Gutierrez, A.M. violates Rule 1.02 of the CPR. Judges must be
No. L-363, July 31, 1962) free to judge, without pressure or influence from
external forces or factors according to the merits
The presence of evil intent on the part of the of the case. (Arreola v. Mendoza, A.C. No. 10135,
lawyer is not essential in order to bring his act or January 15, 2014)
omission within the terms of Rule 1.01 which
specifically prohibits lawyers from engaging in Nature of lawyer's transactions
unlawful conduct. (Re: Financial Audit of Atty. A lawyer is not barred from dealing with his client
Raquel G. Kho, A.M. No. P-06-2177, April 19, but the business transaction must be
2007) characterized with utmost honesty and good faith.
No presumption of innocence or improbability of
When Atty. X attempted to purchase illegal drugs, wrongdoing is considered in an attorney’s favor.
a question affecting his standing as an attorney of (Chua v. Mesina, Jr., A.C. No. 4904, August 12,
law arose. Atty. X argued that the act complained 2004)
of was not committed in the exercise of his
profession and therefore cannot constitute a Lawyer proposing remedies contrary to law
ground for disciplinary action. However, the Thus, a lawyer who proposes to his client a
Supreme Court ruled otherwise: As good recourse or remedy that is contrary to law, public
character is an essential qualification for policy, public order, and public morals, or that
admission of an attorney to practice, when the lessens the public confidence in the legal system
attorney’s character is bad in such respects as to is guilty of gross misconduct, and should be
show he is unsafe and unfit to be entrusted with suspended from the practice of law, or even
the powers of an attorney, the court retains the disbarred. (Coronel v. Cunanan, A.C. No. 6738,
power to discipline him. (Piatt v. Abordo, 58 Phil August 12, 2015)
350, September 1, 1933)
Atty. X prepared and notarized illegal lease
Moral character v. good reputation contracts in favor of aliens who sought to own
Moral character is the objective reality of what a private lands in the Philippines. Atty. X argued that
person really is while good reputation is the he cannot be held liable since he was only
opinion of the public generally entertained of a performing his clients wishes by preparing
person or the estimate in which he is held by the documents that reflected their true agreements. In
public where he is known. (Royong v. Oblrna, AC preparing and notarizing the illegal lease
No 376, April 30, 1963) contracts, Atty. X violated the Attorney’s Oath and
several canons of the Code of Professional
Duty not to counsel illegal activities Responsibility. One of the foremost sworn duties
Rule 1.02 - A lawyer shall not counsel or abet of an attorney-at-law is to “be the law of the
activities aimed at defiance of the law or at Philippines.” This duty is enshrined in the
lessening confidence in the legal system. Attorney’s Oath and in Canon 1. A plain reading of
these contracts clearly shows that they violate the
Nor should he subvert the law by counseling or law limiting the lease of private lands to aliens for
assisting in activities which are in defiance of the a period of 25 years. (Kupers v. Hontanosas, A.C.
law. (Comments of IBP Committee that drafted the No. 5704, May 8, 2009)
Code, p. 5) Hence, he should not promote nor
assist organizations which violate the law. Atty. X advised a foreign national that the latter
was eligible to own real property in the
Lawyer’s advice to clients to beg and cry Philippines. When the foreign national found out
violates the rules that a prohibition on ownership of real property
A lawyer who advised her clients and their existed, a complaint for disbarment was lodged
relatives to approach the judge and fiscal to “beg against Atty. X. The Supreme Court ordered Atty.
X’s disbarment, ruling in the wise: Lawyers, as
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members of a noble profession, have the duty to Ambulance chasing and barratry, compared
promote respect for the law and uphold the AMBULANCE
integrity of the bar. Thus, a lawyer who leads a CHASING
BARRATRY
foreign national to believe he may validly acquire
land in the Philippines has committed a serious Refers to personal Refers to any action
breach of his oath as a lawyer. He showed injury
disrespect for the Constitution and gross
Refers to cases Refers to suits before
ignorance of basic law. Worse, he prepared
brought before judicial judicial or non- judicial
spurious documents that he knew were void and
bodies bodies
illegal. A lawyer who resorts to nefarious schemes
to circumvent the law poses a clear and present
Prohibition on ambulance chasing
danger to the rule of law and the legal system.
R.A. No. 10706 - Seafarers Protection Act
(Stemmerik v. Mas, A.C. No. 8010, June 16, 2009)
(2015), Sec. 3 — It shall be unlawful for any
person to engage in ambulance chasing or the act
Duty to not encourage lawsuits of soliciting, personally or through an agent, from
Rule 1.03 - A lawyer shall not, for any corrupt seafarers, or their heirs, the pursuit of any claim
motive or interest, encourage any suit or against them employers for the purpose of
proceeding or delay any man’s cause. recovery of monetary claim or benefit, including
legal interest, arising from accident, illness or
This rule aims to prevent barratry and ambulance death, in exchange of an amount or fee which
shall be retained or deducted from the monetary
chasing.
claim or benefit granted to or awarded to the
seafarers or their heirs.
Barratry or ‘maintenance’
Defined as “an offense of frequently exciting and Duty to encourage amicable settlements
stirring up quarrels and suits, either at law or Rule 1.04 of the CPR states that a lawyer “shall
otherwise.” (4 Bla. Com. 134; Co. Litt. 368.) It is encourage his clients to avoid, end or settle a
the lawyer’s act of fomenting suits among controversy if it will admit of a fair settlement.” He
individuals and offering his legal services to one should serve as a mediator for compromises
of them for monetary motives of purposes. rather than an instigator of controversies or
The offense of inciting or stirring up quarrels, conflicts. (De Ysasi v. NLRC, G.R. No. 104599,
litigation or groundless lawsuits, either at law or March 11, 1994)
otherwise (Bouvier)
1. Volunteering advice to bring lawsuits, Rule 15.04 - A lawyer may, with the written
except where ties of blood, relationship or consent of all concerned, act as mediator,
trust make it a duty to do so conciliator, or arbitrator in settling disputes.
2. Hunting up defects in titles or other
causes of action in order to be employed b. Efficient and Convenient Legal
to bring suit or breed litigation Services
Ambulance chasing Canon 2 – A Lawyer shall make his legal services

The solicitation of almost any kind of legal available in an efficient and convenient manner
business by an attorney, personally or through an compatible with the independence, integrity and
agent, in order to gain employment. (Linsangan effectiveness of the profession.
vs. Tolentino, A.C. No. 6672, September 4, 2009)
Rule 2.01 – A lawyer shall not reject, except for
valid reasons, the cause of the defenseless or the
oppressed.
It is the prime duty of a lawyer to see to it that

justice be accorded to all without discrimination. If
the party is without means to employ an attorney
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and the services of a lawyer are necessary to to be done any act designed primarily to solicit
protect such parties’ right, the lawyer assigned legal business. (Rule 2.03, CPR)
has to render effective legal services until the
court excuses him. (Agpalo, Legal and Judicial Practice of soliciting cases
Ethics, 2009) Law is not a business but a profession. Unlike a
businessman, the lawyer has:
A lawyer shall not refuse to render legal advice 1. Relation to the administration of justice
involving sincerity, integrity and reliability
Rule: A lawyer shall not reject, except for valid as an officer of the court;
reasons, the cause of the defenseless or 2. Duty of public service;
oppressed. (Rule 2.01, CPR) Even if a lawyer 3. Relation to clients with the highest degree
does not accept because of a valid reason, he of fiduciary;
shall not refuse to render legal advice to the 4. Relation to colleagues at the bar
person concerned if only to the extent necessary characterized by candor, fairness and
to safeguard latter’s rights. (Rule 2.02, CPR) unwillingness to resort to business
methods of advertising and
Instances when lawyer can refuse encroachment on their practice, or
However, the lawyer can refuse to represent an dealing directly with their clients. (Agpalo,
indigent client: 2004)
1. If he is in no position to carry out the work
effectively or competently, or Thus, the practice of soliciting cases at law for the
2. If he labors under a conflict of interest purpose of gain, either personally or through paid
between him and a prospective, or agents or brokers, constitutes malpractice. (Sec.
between a present client and the 27, Rule 138, ROC)
prospective client. (Rule 14.03, CPR)
c. True, Honest, Fair, Dignified and
Rule 2.02 In such cases, even if the lawyer does Objective Information on Legal
not accept a case, he shall not refuse to render Services
legal advice to the person concerned if only to the
extent necessary to safeguard the latter’s rights. Canon 3 – A lawyer in making known his legal
services shall use only true, honest, fair, dignified,
and objective information or statement of facts.
Advice on preliminary steps to take
Advice may be on what preliminary steps to take
Rule 3.01 – A lawyer shall not use or permit the
until the client has secured the services of
counsel. But he shall refrain from giving legal use of any false, fraudulent, misleading,
deceptive, undignified, self-laudatory or unfair
advice if the reason for not accepting the case is
statement or claim regarding his qualifications or
that there involves a conflict of interest between
him and a prospective client or between a present legal services.
client and a prospective client. (Agpalo, 2004)
Prohibition on advertising
Advertisements are not allowed. The most worthy
A lawyer shall not solicit legal business
and effective advertisement possible is the
Rule 2.03 A lawyer shall not do or permit to be
establishment of a well-merited reputation for
done any act designed to primarily solicit legal
professional capacity and fidelity to trust. (Canon
business.
27, CPE; In re: Tagorda, G.R. No. 32329, March
23, 1929)
The law absolutely prohibits lawyers from
soliciting cases for the purpose of gain, either
A lawyer cannot advertise his talent as a
personally or through paid agents or brokers,
shopkeeper advertises his wares. (In Re Tagorda,
which constitutes malpractice. (Rule 138, Sec. 27,
supra) A lawyer is a member of an honorable
ROC) Also, a lawyer should shall not do or permit
profession whose primary purpose is to render
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public service and help secure justice and in from such publications to advise inquiries in
which remuneration is a mere incident. (Canon respect to the individual rights. (Canon 40, CPE)
12, CPE)
What should be guarded against are:
What acts are considered indirect 1. Improper advertising by a lawyer; (Canon
advertisements? 27, CPE)
Indirect advertisements for professional 2. Giving legal advice to one when no
employment, such as furnishing or inspiring attorney-client relationship exists; (Canon
newspaper comments, or procuring his 35, CPE) and
photograph to be published in connection with 3. Aiding a layman to engage in
causes in which the lawyer has been engaged or unauthorized practice of law. (Canon 47,
concerning the manner of their conduct, the CPE)
magnitude of the interest involved, the importance
of the lawyer's position, and all other self- Note: The Canons of Professional Ethics are cited
laudation. in an advisory capacity; they are not mandatory
except on members of the Philippine Bar
The rule on advertisements is not absolute. Association.
The following are considered permissible
advertisements: (Yellow Legal RACE) Entering into other businesses
1. Yellow pages/telephone directories To constitute as inconsistent with the lawyer’s
containing the firm name, addresses and profession, it is advisable that they be entirely
contact numbers separate and apart such that a layman could
2. Advertisements or announcement in any distinguish between the two functions. The lawyer
Legal publication, including books, must make it clear to his client whether he is
journals, and legal magazines. acting as a lawyer or in another capacity.
3. Reputable law lists, in a manner
consistent with the standards of conduct Prohibited advertisement (Canon 27, CPE)
imposed by the canons, of brief 1. Through touters of any kind whether allied
biographical and informative data, are real estate firms or trust companies
allowed. (Ulep v. Legal Clinic, Inc., supra) advertising to secure the drawing of
4. A simple Announcement of the opening deeds or wills;
of a law firm or of changes in the 2. Offering retainers in exchange for
partnership, associates, firm name or executorships or trusteeships to be
office address, being for the convenience influenced by the lawyer;
of the profession, is not objectionable (Id.) 3. Furnishing or inspiring newspaper
5. Ordinary simple professional Card. It may comments concerning the manner of their
contain only a statement of his name, the conduct, the magnitude of the interests
name of the law firm which he is involved, the importance of lawyer’s
connected with, address, telephone position, and all other like self-laudation.
number and the special branch of law
practiced (Id.) A lawyer may not properly publish his brief
6. Advertisements or simple announcement biographical and informative data in a daily paper,
of the Existence of a lawyer or his law magazine, trade journal or society program in
firm posted anywhere it is proper such as order to solicit legal business. (Khan v. Simbillo,
his place of business or residence except A.C. 5299, August 19, 2003)
courtrooms and government buildings.
In the last analysis, where to draw the line is a
Writing legal articles question of good faith and good taste.
A lawyer may, with propriety, write articles for
publications in which he gives information upon
the law; but he should not accept employment
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Duty to not use false or misleading firm name anticipation of, or in return for, publicity to attract
legal business.
Rule 3.02 - In the choice of a firm name, no false,
misleading or assumed name shall be used. The This rule prohibits from making indirect publicity
continued use of the name of a deceased partner gimmick, such as furnishing or inspiring
is permissible provided that the firm indicates in all newspaper comments, procuring his photograph
its communications that said partner is deceased. to be published in connection with cases which he
is handling, making a courtroom scene to attract
A law partnership is a mere association of lawyers the attention of newspapermen, or arranging for
for such purpose and is a non-legal entity. It is not the purpose an interview with him by media
a taxpayer, even if such law partnership is people. (Agpalo, 2004)
registered with the SEC. In the formation of such
partnership, no person should be admitted or held Media publicity, as a normal by-product of efficient
out as a member who is not a lawyer. (Canon 33, legal service, is not improper. What is improper is
CPE) Filipino lawyers cannot practice law under for a lawyer to resort to propaganda to secure
the name of a foreign law firm, as the latter cannot media publicity for the purpose of attracting legal
practice law in the Philippines. (Dacanay v. Baker business. (Id.)
& McKenzie, Adm. Case No. 2131, May 10, 1985)
d. Participation in the Improvement and
Rule on use of deceased person’s name Reforms in the Legal System
The use of a deceased person’s name as part of
the firm name is allowed as long as the public is Participating in legal development
not misled, e.g. there is an indication that the Canon 4 – A lawyer shall participate in the
person is deceased. (For example, by placing a development of the legal system by initiating or
cross beside the name of the deceased lawyer.) supporting efforts in law reform and in the
improvement of the administration of justice.
Partner who accepts public office should
withdraw from the firm It is not a strict duty of lawyers to contribute to the
Rule 3.03 - Where a partner accepts public office, improvement of the legal system. However, it is a
he shall withdraw from the firm and his name shall duty that stems from a lawyer’s sense of
be dropped from the firm name unless the law responsibility. He must recognize that the law is
allows him to practice law concurrently. part of an intricate social network, which
necessarily includes interaction with the society.
Purpose He must broaden out and continue to grow in
The purpose of the rule is to prevent the law firm knowledge and competence in order to be able to
from using the partner’s name to attract business make the law socially responsive. (Comments of
and to avoid suspicion or undue influence. the IBP Committee that drafted the Code, pp. 20-
(Comments of IBP committee that drafted the 21)
Code, p. 16)
e. Participation in Legal Education Program
Exception: A partner may opt not to withdraw
from the firm if the law allows him to practice law Lawyers shall keep abreast of legal
concurrently. developments
Canon 5 - That lawyers “shall keep abreast of
If the unauthorized practice on the part of a person legal developments, participate in continuing legal
who assumes to be an attorney causes damage education programs, support efforts to achieve
to a party, the former may be held liable for estafa. highest standards in law schools as well as in the
practical training of law students and assist in
Duty to not seek media publicity disseminating information regarding the law and
Rule 3.04 - A lawyer shall not pay or give anything jurisprudence.”
of value to representatives of the mass media in
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Requirement of Continuing Legal Education is a public trust and that a public servant owes
Under Bar Matter No. 850, continuing legal utmost fidelity to public service.
education is required of members of the IBP to
ensure that they keep abreast with law and Government lawyer is a keeper of public faith
jurisprudence, maintain the ethics of the A government lawyer is a keeper of public faith
profession and enhance the standards of the and is burdened with a high degree of social
practice of law. responsibility, higher than his brethren in private
practice. (Ramos v. Imbang, A. C. No. 6788,
Members of the IBP not exempt from Rule 7 of the 2007) Thus, violation of the Code or the lawyer’s
Rules on Mandatory Continuing Legal Education oath in the discharge of official duties may hold a
(MCLE) are required to complete at least thirty-six government counsel administratively liable.
(36) hours of continuing legal education activities (Comments of the IBP that drafted the Code, p.
every three (3) years. 30)
Consequence of Failure to Comply Norms of conduct of public officials

Failure to comply shall pay a non-compliance fee Under R.A. No. 6713, Sec. 4 (Code of Conduct
of P1,000 and be listed as a delinquent member and Ethical Standards for Public Officials and
of the IBP. Employees), the following norms of conduct is
expected from government counsels as public
Failure to disclose the required information would officials in the conduct and execution of their
case the dismissal of the case and the expunction duties:
of the pleadings from the records. (B.M. No. 1922) 1. Commitment to public interest
2. Professionalism
Failure to comply with the MCLE requirements 3. Justness and sincerity
and disregards of the directives of MCLE office 4. Political neutrality
warrants an attorney’s declaration as a delinquent 5. Responsiveness to the public
member. He will be suspended until he has 6. Nationalism and patriotism
complied with the requirement. (Samuel Arnado v. 7. Commitment to democracy
Atty. Homobono A. Adaza, A.C. No. 9834, August 8. Simple living
26, 2015)
Duty of public prosecutor
f. Lawyers in Government Service Rule 6.01 - The primary duty of a lawyer engaged
Discharging Their Tasks in public prosecution is not to convict but to see
that justice is done. The suppression of facts or
Canon 6 – These canons shall apply to lawyers in the concealment of witnesses capable of
government service in the discharge of their establishing the innocence of the accused is
official duties. highly reprehensible and is cause for disciplinary
action.
Rationale
A member of the bar who assumes public office Obligation of prosecutor
does not shed his professional obligation. As a representative of the State, the prosecutor
Lawyers in government are public servants who has an obligation to govern with impartiality and
owe the utmost fidelity to the public service. A must see to it that either guilt shall not escape or
lawyer in public service is a keeper of public faith innocence suffer; that while he may strike hard
and is burdened with a high degree of social blows, he is not at liberty to strike foul
responsibility, perhaps higher than her brethren in ones. (Suarez v. Platon, G.R. No. 46371,
private practice. (Vitriolo v. Dasig, A.C. 4984, April February 7, 1940) As a quasi-judicial officer, his
1, 2003) primary duty is not to convict but to see that justice
is done. (Agpalo, Legal and Judicial Ethics, p. 82,
As counsels of the State, it is their duty to promote 2009)
high ethical standards in public service in keeping
with the fundamental principle that a public office
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Thus, Rule 6.01, Canon 6 also adds that the R.A. No. 6713, Sec. 4 prohibits public officials
suppression of facts or the concealment of from directly or indirectly having any financial or
witnesses capable of establishing the innocence material interest in any transaction requiring the
of the accused is highly reprehensible and is approval of their office.
cause for disciplinary action. He therefore holds
the duty to present to the court the pertinent facts The same law also prohibits the following
with the aim of erasing from the court’s mind the activities outside of their employment:
innocence or guilt of the accused. 1. Owning, controlling, or accepting
(Dimatulac v. Villalon, G.R. No. 127107, October employment in any private enterprise
12, 1998) regulated, supervised or licensed by their
office unless expressly allowed by law;
In appellate courts however, it is the Solicitor 2. Engaging in the private practice of their
General who is the lawyer of the People of the profession unless authorized by the
Philippines. The exception is provided by R.A. Constitution or law, provided, that such
No. 8249, which provides that cases elevated to practice will not conflict or tend to conflict
the Sandiganbayan will be represented by the with their official functions; or
Office of the Ombudsman through its special 3. Recommending any person to any
prosecutor. position in a private enterprise which has
a regular or pending official transaction
Duty to not use public position for private with their office.
interests
Rule 6.02 - A lawyer in the government service Duty to refrain from conflict of interest after
shall not use his public position to promote or leaving government service
advance his private interests, nor allow the latter Rule 6.03 - A lawyer shall not, after leaving
to interfere with his public duties. government service, accept engagement or
employment in connection with any matter in
General Rule: The private practice of the which he had intervened while in said service
profession is prohibited while they remain in
government service. A lawyer who has left government service (e.g.,
through retirement or resignation) may not accept
Exception: When private practice is authorized engagement or employment in connection with
by the Constitution or law, provided that such any matter in which he had intervened while in
practice will not conflict with their official function. said service. The purpose of this prohibition is to
avoid a conflict of interest, whether adverse-
As a general rule, Rule 6.02, Canon 6 prohibits interest conflicts or congruent-interest conflicts,
a lawyer in government service from using his between the lawyer and his former clients. (Rule
public position neither for private gain, nor to allow 6.03, CPR)
the latter to interfere with his public
duties. Lawyers in government service cannot This is reiterated in R.A. No. 6713, Sec. 7(b) which
handle private cases for they are expected to states that the prohibition on private practice
devote themselves full-time to the work of their applies even to former lawyers in government
respective government offices. (Ramos v. Imbang service with regard to the practice of his
A.C. No. 6788, August 23, 2007) profession in connection with any matter that he
has handled before the government office he
Should they be allowed to practice law alongside used to work with.
their public office, they should do so while
refraining from any private legal business In PCCG vs. Sandiganbayan (G.R. Nos. 151809-
which would conflict with their official duties. 12, 2005), the SC clarified the contentious terms
(Comments of IBP Committee that drafted the within Rule 6.03 of Canon 6, specifically:
Code, pp. 31-32)
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1. “Matter” – As defined by Formal Opinion a. Integrated Bar of the Philippines

342 of the American Bar Association, is
the discrete, isolatable act as well as Integrated Bar of the Philippines (IBP) (Rule
identifiable transaction or conduct 139-A)
involving a particular situation and The IBP is the national organization of lawyers
specific party, and not merely an act of created on January 16, 1973 under Rule 139-A,
drafting, enforcing or interpreting Rules of Court, and constituted on May 4, 1973
government or agency procedures, into a body corporate by P.D. No. 181.
regulations or laws, or briefing abstract
principles of law. Integration of the Bar
2. “Intervene” – Must be a substantial (not Bar integration pertains to the official unification of
merely innocuous or insignificant) the entire lawyer population.
intervention that must affect the interests
of parties. It requires membership and financial support of
every attorney as conditions sine qua non to the
General Rule: Public officials and employees practice of law and retention of his name in the
during their incumbency shall not engage in the Roll of Attorneys of the Supreme Court.
private practice of their profession. (R.A. No.
6713, par.7(b)) All lawyers are subject to all the rules prescribed
for the governance of the Bar, including:
Exception: Unless authorized by the Constitution 1. The payment of a reasonable annual fee
or law, and provided that such practice will not for the effective discharge of the purposes
conflict or tend to conflict with their official of the Bar; and,
functions. 2. Adherence to a code of professional
ethics or professional responsibility.
Practice of law after government service (Letter of Atty. Cecilio Y. Arevalo, Jr.,
General rule: Lawyers are allowed to return to Requesting Exemption from Payment of
private practice of law immediately after leaving IBP Dues, B.M. No. 1370, May 9, 2005)
public service.
Power to integrate the Bar
Exceptions: The lawyer cannot practice in any The Constitution vests upon the Supreme Court
matter (as defined in PCGG vs. Sandiganbayan) the power to integrate the Philippine Bar. Such
before the office that he/she used to be connected power is an inherent part of the Court’s
with, subject to the following restrictions: constitutional authority over the bar. (PHIL. CONST.
1. If the lawyer did not intervene in said art. VIII, Sec. 5, par. 5)
matter, the prohibition is for one year.
(Republic Act No. 6713, Sec. 7(b); Prior to this, the Philippine Congress granted the
2. If the lawyer had intervened, the Supreme Court the power to adopt rules of court
prohibition is permanent. (Canon 6, Rule to effect the integration of the Philippine Bar by
6.03, CPR) enacting R.A. No. 6397 (An Act Providing for the
Integration of the Philippine Bar and Appropriating
II.DUTIES TO THE LEGAL PROFESSION Funds Therefor). Rule 139-A was passed by the
Supreme Court on January 16, 1973.
The maintenance by the bar of a high standard of
legal proficiency as well as honesty and fair
Constitutionality of integration
dealing is a prerequisite to making the bar an
The Court is fully convinced that the integration of
effective instrument in the proper administration of
the Philippine Bar is "perfectly constitutional and
justice. But the bar can only be as reputable as its
legally unobjectionable," within the context of
members. (Agpalo, Legal and Judicial Ethics, p.
contemporary conditions in the Philippines, has
100, 2009)
become an imperative means to raise the
standards of the legal profession, improve the
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administration of justice, and enable the Bar to 4. To cultivate among its members a spirit of
discharge its public responsibility fully and cordiality and brotherhood;
effectively. (In the Matter of the Integration of the 5. To provide a forum for the discussion of
Bar of the Philippines, 49 SCRA 22, January 9, law, jurisprudence, law reform, pleading,
1973) practice and procedure, and the relations
of the bar to the bench and to the public,
Mandatory membership and freedom of and publish information relating thereto;
association 6. To encourage and foster legal education;
Mandatory membership in the national IBP is not 7. To promote a continuing program of legal
violative of a lawyer’s freedom to associate. It research in substantive and adjective law
does not make a lawyer a member of any group and make reports and recommendations
which he is not already a member of. All that thereon.
integration actually does is to provide an official
national organization for the well-defined but b. Membership Dues
unorganized group of which every lawyer is
already a member. Assuming that it is a Mandatory membership
compulsion, it’s justified under the police power of Membership in the Integrated Bar is mandatory. A
the State. (In re: Edillon, A.M. No. 1928, August 3, lawyer does not automatically become a member
1978) of the IBP chapter where he resides or works after
becoming a full-fledged member of the Bar. He
Purposes and objectives of IBP has the discretion to choose the IBP chapter he
Generally: wants to join, but he must join. (Garcia v. de Vera,
1. To elevate the standards of the legal A.C. No. 6052, December 11, 2003)
profession;
2. To improve the administration of justice; No retirement in the IBP
3. To enable the Bar to discharge its public There is no retirement in the IBP. A lawyer,
responsibility more effectively. however, may terminate his bar membership after
filing the required verified notice of termination
Non-political Bar with the Secretary of the Integrated Bar who shall
The Integrated Bar shall be strictly non-political, bring the matter to the Supreme Court. (Rule 139-
and every activity tending to impair this basic A, Sec. 11)
feature is strictly prohibited and shall be penalized
accordingly. (IBP By-Laws, Art. I, Sec. 4) Voluntary delisting
Not eligible for election and appointment to Cebuano lawyer Dionisio Cañete filed a petition
any position in the IBP with the Supreme Court for voluntary delisting in
No lawyer holding an elective, judicial, quasi- the Roll of Attorneys to protest the alleged
judicial, or prosecutory office in the Government corruption in the profession, specifically those in
or any political subdivision or instrumentality the prosecution service and the judiciary. The
thereof shall be eligible for election or petition was granted in an En Banc resolution
appointment to any position in the Integrated Bar dated January 31, 2017.
or any Chapter thereof.
Membership dues
Every member of the Integrated Bar shall pay
Purpose of the IBP
such annual dues, as the Board of Governors
1. To assist in the administration of justice; shall determine with the approval of the Supreme
2. To foster and maintain on the part of its Court. A fixed sum equivalent to ten percent (10%)
members high ideals of integrity, learning, of the collection from each Chapter shall be set
professional competence, public service aside as a Welfare Fund for disabled members of
and conduct; the Chapter and the compulsory heirs of
3. To safeguard the professional interest of deceased members thereof. (Rule 139-A, Sec. 9)
its members;
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Effect of non-payment of dues The Integrated Bar shall have a Secretary, a

Without paying IBP dues, a lawyer cannot engage Treasurer, and such other officers and employees
in practice of law, no matter how limited his as may be required by the Board of Governors, to
practice is. (Santos, Jr. v. Llamas, Adm. Case No. be appointed by the President with the consent of
4749, January 20, 2000.) the Board, and to hold office at the pleasure of the
Board or for such terms as it may fix. Said officers
No discounts and employees need not be members of the
IBP dues are not subject to the senior citizen Integrated Bar. (Rule 139-A, Sec. 7)
discount and the student discount. (Santos, Jr. v.
Llamas, supra) Misconduct of lawyers during IBP elections
diminishes the dignity of the IBP as an association
Default in payment of annual dues of a noble and honorable profession. (In the
Default in the payment of annual dues for 6 Matter of the Brewing Controversies in the
months shall warrant suspension of membership Election of the Integrated Bar of the Philippines,
in the Integrated Bar, and default in such payment A.M. No. 09-5-2-SC, December 14, 2010)
for 1 year shall be a ground for the removal of the
name of the delinquent member from the Roll of Board of Governors
Attorneys. (Buehs v. Bacatan, A.C. No. 6674, A Board of Governors shall govern the Integrated
June 30, 2009) Bar. The House of Delegates shall elect nine
Payment of dues is a necessary consequence of Governors from the nine (9) Regions on the
membership in the IBP, of which no one is exempt. representation basis of one (1) Governor from
This means that the compulsory nature of each Region.
payment of dues subsists for as long as one’s
membership in the IBP remains regardless of the House of Delegates
lack of practice of, or the type of practice, the Deliberative body of the Integrated Bar
member is engaged in. (Letter of Atty. Cecilio The Integrated Bar shall have a House of
Arevalo, B.M. No. 1370, May 9, 2005) Delegates of not more than 120 members who
shall be apportioned among all the Chapters as
All lawyers shall indicate in all pleadings, motions nearly as may be according to the number of their
and papers signed and filed by them in any court respective members, but each Chapter shall have
in the Philippines, the number and date of their at least 1 Delegate. (Rule 139-A, Sec. 5)
official receipt indicating payment of their annual
membership dues to the Integrated Bar of the Chapter government
Philippines for the current year; provided, A Chapter of the Integrated Bar shall be organized
however, that such official receipt number and in every province. Every city shall be considered
date for any year may be availed of and indicated part of the province within which it is
in all such pleadings, motions and papers filed by geographically situated, except as otherwise
them in court up to the end of the month of provided. (Id., Sec. 4)
February of the next succeeding year. (OCA
Circular 10-85, dated July 24, 1985) c. Upholding the Dignity and Integrity of
the Profession
Officers of the Integrated Bar
The Integrated Bar shall have a President and an Canon 7 - A lawyer shall at all times uphold the
Executive Vice President who shall be chosen by integrity and dignity of the legal profession and
the Governors immediately after the latter's support the activities of the integrated bar
election, either from among themselves or from
other members of the Integrated Bar, by the vote
Significance of high standard of legal
of at least five (5) Governors. Each of the regional
proficiency
members of the Board shall be ex officio Vice
Maintenance of a high standard of legal
President for the Region which he represents.
proficiency as well as honesty and fair dealing is
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a pre-requisite to making the bar an effective failed therein can be ferreted out and those
instrument in the proper administration of justice. lawyers responsible therefor can be disbarred. (In
re Parazo, 82 Phil. 230, December 3, 1948)
Duty to not make any false statement in one’s
application for admission to the Bar A lawyer should not readily execute an affidavit of
Rule 7.01 - A lawyer shall be answerable for good moral character in favor of an applicant who
knowingly making false statement or suppressing has not lived up to the standard set by law.
a material fact in connection with his application (Agpalo, 2004)
for admission to the bar.
Duty to always conduct one’s self ethically
Failure to live up to the standards of conduct may and morally
prevent an aspiring lawyer from being admitted to Rule 7.03 - A lawyer shall not engage in any
practice. (Barba v. Pedro, A.M. No. 545-SBC, conduct or do any act that adversely reflects on
December 26, 1974) In a case where the lawyer his fitness to practice law, nor to behave, in his
did not disclose the fact that he obtained his A.A. public or private life, in a scandalous manner to
degree six months after he began his law studies, the discredit of the legal profession.
even if he was admitted without the Supreme
Court acquiring knowledge of his transgressions He should conduct himself at all time in such a
thereof, he may be disbarred for such misconduct. way as to give credit to the legal profession and to
(Diao v. Martinez, A.C. No. 244, March 29, 1963) inspire the confidence, respect and trust of his
clients and the community.
Penalties
May a lawyer be disbarred/ penalized for acts
1. Disqualification of the applicant from done not in a professional capacity?
taking the bar, if the concealment is Yes. A lawyer may be disciplined for misconduct
discovered before he takes the bar committed either in his professional or private
examinations; capacity. The test is whether his conduct shows
2. Prohibition from taking the lawyer’s oath, him to be wanting in moral character, honesty,
if the concealment is discovered after the probity, and good demeanor, or whether it renders
candidate has taken the bar him unworthy to continue as an officer of the court.
examinations; (Navarro v. Solidum Jr., A.C No. 9872, January
3. Revocation of license to practice, if the 28, 2014)
concealment was discovered after he has
taken his lawyer’s oath. (Diao v. Martinez,
Acts that justify suspension from practice or
A.C. No. 244, March 29, 1963)
disbarment:
1. Gross immorality;
Act of concealment that makes one morally
2. Conviction of a crime involving moral
unfit
turpitude (De Jesus-Paras v. Vailoces,
It is the fact of concealment and not the
A.C. No. 439, April 12, 1961);
commission of the crime itself that makes him
3. Fraudulent transactions.
morally unfit to become a lawyer. (In Re: Galang,
A.M. 1162, August 29, 1975)
Gross immorality reflective of lack of fitness to
practice
Duty to not support an unqualified applicant to
To justify suspension or disbarment, the act must
the Bar
not only be immoral; it must be grossly immoral as
Rule 7.02 - A lawyer shall not support the
well. (Figueroa v. Barranco, Jr., SBC Case No.
application for admission to the bar of any person
519, July 31, 1997)
known by him to be unqualified in respect to
character, education, or other relevant attribute.
Grossly immoral conduct
He should volunteer information or cooperate in
It is conduct which is willful, flagrant, or shameless
any investigation concerning alleged anomalies in
and which shows a moral indifference to the
the bar examination so that those candidates who
Page 29 of 223
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opinion of the good and respectable members of Moral turpitude

the community. (Arciga v. Maniwag, A.M. No. Anything which is done contrary to justice,
1608, August 14, 1981) honesty, modesty or good morals (Rule 138, Sec.
27, ROC), or to any act of vileness, baseness or
Grossly immoral act depravity in the private and social duties that a
One that is so corrupt and false as to constitute a man owes his fellowmen or to society, contrary to
criminal act or so unprincipled or disgraceful as to the accepted rule of right and duty between man
be reprehensible to a high degree. (Reyes v. and man (In re Gutierrez, A.M. No. L-363, July 31,
Wong, A.M. No. 547, January 29, 1975) 1962). It is difficult to state with precision and to fix
an inflexible standard as to what is grossly
The question of whether an act is grossly immoral immoral conduct. (Arciga v. Maniwang, A.M. No.
may depend, to some extent, upon the prejudice, 1608, August 14, 1981)
caprice & bias of the court, and the general
concept of morality prevailing at the time. The following acts have been declared by the
Supreme Court as involving moral turpitude:
Is cohabitation considered grossly immoral? 1. Those that involve fraud or deceit:
Cohabitation per se is not grossly immoral; it will a. Violation of BP 22;
depend on the surrounding circumstances. (In re: b. Falsification of public documents;
Regidor R. Toledo v. Atty. Jerry R. Toledo, A.M. c. Estafa;
No. P-07-2403, February 6, 2008) Mere intimacy d. Embezzlement;
between a man and woman, both of whom e. Swindling;
possess no impediment to marry, voluntarily f. Smuggling.
carried on and devoid of any deceit on the part of 2. Those that are inherently contrary to rules
the former, is neither so corrupt nor so of right conduct, honesty, or morality in a
unprincipled as to warrant the imposition of civilized community:
disciplinary sanction against him, even if as a a. Abduction with consent (In re
result of such relationship a child was born out of Basa, 41 Phil. 275, December 7,
wedlock. (Figueroa v. Barranco, Jr., SBC Case 1920);
No. 519, July 31, 1997) This rule does not apply b. Murder (In re Gutierrez, supra);
to married lawyers, however, for obvious reasons. c. Bigamy;
d. Participation in fatal hazing of a
The admission by lawyer of the paternity of a child fraternity neophyte. (In re Al
and agreeing to support the child renders his Argosino, supra)
immorality not so gross and scandalous.
(Marcayda v. Naz, A.M. No. 1856, October 28, Lawyers convicted of crimes involving moral
1983) turpitude are either suspended from the practice
of law or disbarred.
Capacity exercised during commission of
crime Commission of fraud or falsehood
There is no distinction as to whether the The commission of fraud or falsehood in the
transgression is committed in the lawyer’s lawyer’s private dealings may make him
professional capacity or in his private life or in his administratively liable therefor.
private transaction because a lawyer may not
divide his personality so as to be an attorney at Some examples of frauds and falsehoods include:
one time and a mere citizen at another. 1. Falsely stating in a deed of sale that the
(Cojuangco, Jr. v. Palma, 481 Phil. 646, property is free from liens or
September 15, 2004) encumbrances (In Re Quiambao, A.C.
No. 195, January 31, 1958);
Conviction of a crime involving moral 2. Misappropriating money belonging to his
turpitude employer (Investment and Management
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Services Corp. v. Roxas, A.C. No. 1417, 5. A lawyer should not avoid performance of
April 17, 1996); an agreement fairly made simply because
3. A Shari’a lawyer referring to himself as an it has not been reduced into writing.
attorney (Alawi v. Alauya, supra);
4. Advising a foreigner that he could legally Duty to not use intemperate language
and validly acquire real estate in the A lawyer shall not, in his professional dealings,
Philippines and assuring that the property use language which is abusive, offensive or
was alienable when it was not (Stemmerik otherwise improper. (Rule 8.01, CPR) No attorney
v. Mas, supra); ought to be criticized in the making of an honest
5. Tampering of election votes (Pimentel v. legal effort to protect the interest of his client. (Asia
Lorente, A.C. No. 4690, August 29, 2000); Banking v. Herridge, G.R. No. 20993, December
6. Misappropriating insurance proceeds of a 22, 1923) Disrespectful language serves no useful
client's deceased husband (Freeman v. purpose and constitutes direct contempt or
Reyes, A.C. No. 6246, November 15, contempt in facie curiae. (Surigao Mineral
2011) Reservation Board v. Cloribel, G.R. No. L-27072,
January 9, 1970) Lack or want of intention is no
d. Courtesy, Fairness and Candor excuse for the disrespectful language employed.
Towards Professional Colleagues (Rheem of the Philippines v. Ferrer, G.R. No.
22979, June 26, 1967) However, strong language
Canon 8 – A Lawyer shall conduct himself with is justified if impelled by the same language used
courtesy, fairness and candor toward his by the Judge. (Fernandez v. Hon. Bello, G.R. No.
professional colleagues, and shall avoid L-14277, April 30, 1960)
harassing tactics against opposing counsel
Rule 8.01 - A lawyer shall not, in his professional He should only use such temperate but forceful
dealings, use language which is abusive, language in his pleadings or arguments as
offensive or otherwise improper. befitting an advocate.
Candor, fairness, and truthfulness should No right to Insult opposing counsel

characterize relations A lawyer does not have the right to scold his
Candor, fairness, and truthfulness should opposing counsel and insult and berate those who
characterize the conduct of a lawyer with other tried to calm him down, even for the reason that
lawyers. he was moved by the plight of his client.
1. He should not ignore recognized customs (Alcantara v. Pefianco, A.C. No. 5398, December
and practices of the bar. (Canon 25, CPE) 3, 2002)
2. He should not yield to his client’s demand
that he should be illiberal, nor should he Lawyer’s act of raising voice
do anything repugnant to his sense of A lawyer's act of raising his voice and uttering
honor and propriety. (Canon 24, CPE) vulgar invectives to the clerk of court was not only
3. He should not take advantage of the ill-mannered but also unbecoming considering
excusable unpreparedness or absence of that he did these in front of the complainant's
counsel during the trial of a case. (Yulo v. subordinates. (Dallong-Galicinao v. Castro, A.C.
Yang Chiao Seng, G.R. No. L-12541, No. 6396, October 25, 2005)
March 30, 1960)
4. A lawyer who rudely interrupts his fellow Rule on privileged communication with
lawyer while the latter was making respect to judicial proceedings
representations in behalf of the other However, it must be noted that “utterances,
party is in violation of this Canon. petitions and motions made in the course of
(Bugaring v. Espanol, G.R. No. 133090, judicial proceedings have consistently been
January 19, 2001) considered as absolutely privileged, however
false or malicious they may be, but only for so long
as they are pertinent and relevant to the subject of
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inquiry.” In this regard, the Supreme Court has upon the professional employment of the
stated the test for relevancy as follows: original counsel (Laput v. Remotigue,
supra); or
As to the degree of relevancy or (b) In the absence of a notice of termination
pertinence necessary to make alleged from the client, provided he has obtained
defamatory matters privileged the courts the conformity of the counsel whom he
favor a liberal rule. The matter to which the would substitute; or
privilege does not extend must be so (c) In the absence of such conformity, a
palpably wanting in relation to the subject lawyer must at least give sufficient notice
matter of the controversy that no to original counsel so that original counsel
reasonable man can doubt its relevancy has the opportunity to protect his claim
and impropriety. In order that matter against the client.
alleged in a pleading may be privileged, it 2. Give advice or assistance to any person who
need not be in every case material to the seeks relief against an unfaithful or neglectful
issues presented by the pleadings. It must, lawyer;
however, be legitimately related thereto, or 3. Associate as a colleague in a case, provided
so pertinent to the subject of the he communicate with the original counsel
controversy that it may become the before making an appearance as co-counsel:
subject of inquiry in the course of the trial. (a) Should the original lawyer object, he
(Saberon v. Larong, A.C. No. 6567, April should decline association but if the
16, 2008) original lawyer is relieved, he may come
into the case;
Duty to not encroach upon the business of (b) Should it be impracticable for him, whose
another judgment has been overruled by his co-
Rule 8.02 - A lawyer shall not, directly or counsel to cooperate effectively, he should
indirectly, encroach upon the professional ask client to relieve him.
employment of another lawyer; however, it is the
right of any lawyer, without fear or favor, to give Negotiating with adverse party in the absence
proper advice and assistance to those seeking of his/her counsel
relief against unfaithful or neglectful counsel. Engaging in negotiations with the adverse party in
the absence of his/her counsel has been deemed
A lawyer should not steal the other lawyer’s client by the Supreme Court as encroachment of
nor induce the latter to retain him by a promise of professional employment that is violative of Rule
better service or reduced fees. (Linsangan v. 8.02.
Tolentino, A.C. No. 6672, September 4, 2009)
A lawyer should not in any way communicate
There is no encroachment when the previous upon the subject of controversy with a party
lawyer was already dismissed. (Laput v. represented by counsel, much less should he
Remotigue, A.M. No. 219, September 29, 1962) undertake to negotiate or compromise the matter
with him, but should deal only with his counsel. It
A lawyer retained to take over a case from a peer is incumbent upon the lawyer most particularly to
in the bar should do so only after he shall have avoid everything that may tend to mislead a party
obtained the conformity of the counsel whom he not represented by counsel, and he should not
would substitute. undertake to advise him as to the law. (Camacho
v. Pangulayan, A.C. No. 4807, March 22, 2000)
Lawyers may:
1. Accept employment to handle a matter The act of a lawyer, representing the defendants
previously handled by another lawyer: of the case, of preparing the affidavit of desistance
(a) Provided the other lawyer has been given encroached upon the legal functions of the
notice of termination of service lest it complainants' attorney. It was unscrupulous of the
amounts to an improper encroachment defendants' lawyer to compel some of the
complainants to execute the affidavit of
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desistance sans the knowledge and agreement of negligence he allowed an unauthorized person to
the latter's counsel. (Binay-an v. Addog, A.C. No. practice law, in violation of Canon 9 of the CPR.
10449, July 28, 2014)
Establishing law office with non-lawyers
Neither should the lawyer attempt to interview the A lawyer may not, without aiding the unauthorized
opposite party and question him as to the facts of practice of law by a layman, establish a law office
the case even if the adverse party is willing to do with one who has not been licensed to practice
so. (A. B. A. Op. 75, 1932) law by the Supreme Court. (U.S. v. Ney & Bosque,
G.R. No. 3593, March 23, 1907)
e. No Assistance in Unauthorized Practice
of Law Acts which may be delegated to non-lawyers
1. The examination of case law;
Duty to prevent unauthorized practice of law 2. Finding and interviewing witnesses;
Canon 9 – A lawyer shall not, directly or indirectly 3. Examining court records;
assist in the unauthorized practice of law. 4. Delivering papers and similar matters.
Rule 9.01 - A lawyer shall not delegate to any
unqualified person the performance of any task Appearing as counsel before signing Roll of
which by law may only be performed by a member Attorneys
of the Bar in good standing. There is unauthorized practice of law when a
successful bar examinee who has taken the oath
When unauthorized practice of law is appears as counsel before having signed the Roll
committed of Attorneys. In order to be a full-fledged lawyer,
Unauthorized practice is committed when a one must have passed the exam, taken the oath
person not a lawyer pretends to be one and and signed the Roll. (Aguirre v. Rana, B.M. No.
performs acts which are exclusive to the members 1036, June 10, 2003)
of the bar; it is punishable by fine or imprisonment
or both. (Tan v. Balajadia, G.R. No. 169517, The lawyer demonstrated good faith when he filed
Maarch 14, 2006) a Petition to Sign the Roll of Attorneys. It was not
a third party who called the Court's attention to his
Collaboration between lawyer and non-lawyer omission of mistakenly assuming the attendance
Collaborating with a person who is not a member record during the oath taking as the Roll of
of the bar can subject one to disciplinary Attorneys. However, the petitioner cannot be fully
proceedings. (Beltran v. Abad, Bar Matter No. exculpated from all liability for his years of
139, October 11, 1984) inaction. The unauthorized practice of law by the
lawyer himself is subsumed under Canon 9 of the
Allowing non-lawyers to sign pleadings CPR. (In re: Petition to Sign Roll of Attorneys by
Allowing a non-lawyer to affix his signature to a Michael A. Medado, B.M. No. 2540, September
pleading is an unauthorized practice of law. The 24, 2013)
preparation and signing of a pleading constitute
legal work involving the practice of law, which is Practice during period of suspension
reserved exclusively for members of the legal The unauthorized practice of law of a suspended
profession. Although he may delegate the signing attorney is a ground for disbarment or suspension.
of a pleading to another lawyer, he may not (Feliciano v. Bautista-Lozada, A.C. No. 7593,
delegate it to a non-lawyer. (Tapay v. Bancolo, March 11, 2015)
A.C. No. 9604, March 20, 2013)
Scope of suspension
In the case of Angeles v. Bagay (A.C. No. 8103, Suspension by the Court necessarily includes
December 3, 2014), the lawyer left the country suspension from any activity that would constitute
and left his office open and his secretary in charge practice of law, as defined in Cayetano v. Monsod.
during his absence. This enabled his secretary to A suspended lawyer cannot keep his government
sign as notary public on his behalf and to notarize position that requires the application of law as
documents without restraint. Through his such will constitute as unauthorized practice of
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law. (Lingan v. Calubaquib and Baliga, A.C. No. Impropriety arises where the effect of the
5377, June 30, 2014) arrangement is to:
1. Make the estate or heir a member of the
Intervention of intermediary not allowed partnership along w/ the surviving
The lawyer’s relation with his client is personal partners
and his responsibility is direct to the client. He 2. Make the estate or heir the recipient of a
should avoid all relations which direct the percentage of the fees that may be paid
performance of his duties by or in the interest of from the future business of the deceased
such intermediary. (Canon 35, CPE) lawyer’s clients.
A lawyer may accept employment from any Dividing fees between lawyer and non-lawyer
organization and render legal services in any A lawyer who agrees with a non-lawyer to divide
matter in which the organization as an entity is attorney’s fees paid by clients supplied or solicited
interested, or may give legal opinion on problems by the non-lawyer is guilty of malpractice. (Tan Tek
common to all members. But he should not render Beng v. David, Adm.Case No. 1261, December
legal services to members of such organization in 29, 1983)
respect to their individual affairs, unless his
services are individually retained by such Duty to not charge lower rates to attract
members. (Canon 35, CPE) business
A lawyer shall not charge rates lower than those
Employment of paralegals customarily prescribed unless the circumstances
Giving legal materials & answering questions so warrant. (Rule 2.04, CPR) However, the rule
relating to legal concepts is equivalent to the does not prohibit a lawyer from charging a
practice of law. (Ulep v. The Legal Clinic, Inc., reduced fee or none at all to an indigent or to a
supra) person who would have difficulty paying the fee
usually charged for such services. (Comments of
Duty to not divide fees with non-lawyers the IBP Committee that drafted the Code of
Rule 9.02 - A lawyer shall not divide or stipulate Professional Responsibility, p. 12)
to divide a fee for legal services with persons not
licensed to practice law, except: III. DUTIES TO THE COURTS
a. Where there is a pre-existing agreement
with a partner or associate that, upon the Lawyer as an officer of the court
latter’s death, money shall be paid over a A lawyer is an officer of the court. He is an officer
reasonable period of time to his estate or of the court because he is one with the court in
to persons specified in the agreement; or upholding justice. His first duty is not to his client
b. Where a lawyer undertakes to complete but to the administration of justice; to that end, his
unfinished legal business of a deceased client’s success is wholly subordinate; and his
lawyer; or conduct ought to and must always be
c. Where a lawyer or law firm includes non- scrupulously observant of the law and ethics of
lawyer employees in a retirement plan, the profession. (City Sheriff, Illigan City v.
even if the plan is based in whole or in Fortunato, G.R. No. 80390, March 27, 1998)
part, on a profitable sharing arrangement.
Rule when there exists a conflict between
Rationale court and client interest
Allowing non-lawyers to get attorney’s fees would Should there be a conflict of between the lawyer’s
confuse the public as to whom they should duty to the courts and to that of his client, he
consult. It would leave the bar in a chaotic should uphold his duty to the former. (Cobb-Perez
condition because non-lawyers are also not v. Lantin, 24 SCRA 291, July 29, 1968)
subject to disciplinary action.
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a. Candor, Fairness, and Good Faith be able to uphold justice if they rely on false
Towards the Courts submissions and representations of lawyers. It
has been said of a lawyer that as an officer of the
Lawyer should be candid and truthful to the court, it is his sworn and moral duty to help build
court. and not destroy unnecessarily that high esteem
Canon 10 - A lawyer owes candor, fairness, and and regard towards the courts so essential to the
good faith to the court. proper administration of justice. (Lacson, Jr. v. CA,
G.R. No. 113591, February 6, 1995)
Lawyer as an officer of the court
A lawyer is, first and foremost, an officer of the No client is entitled to receive from the lawyer any
court. Accordingly, should there be a conflict service involving dishonesty to the courts.
between his duty to his client and that to the court, (Comments of the IBP Committee that drafted the
he should resolve the conflict against the former Code, p. 53)
and in favor of the latter, his primary responsibility
being to uphold the cause of justice. (Cobb Perez Examples of falsehoods committed by
v. Lantin, supra) lawyers:
1. A lawyer who made false representations
A lawyer must conduct his duties and affairs with in the certificates against forum shopping
full respect to the judicial office. Courts are entitled is liable under Rule 10.01 of the CPR and
to expect only complete honesty from lawyers should be held administratively liable.
appearing and pleading before them. (Crisostomo, et al. v. Nazareno, A.C. No.
6677, June 10, 2014)
Candor in all dealings is the very essence of 2. A lawyer who used the IBP number of his
honorable membership in the legal profession. law office partner in signing a pleading for
Lawyer is obliged to observe the rules of his client was suspended from the
procedure and not to misuse them to defeat the practice of law for 6 months. (Bongalonta
ends of justice. (Cuaresma v Daquis, GR No. v. Castillo, CBD Case No. 176, January
35113, March 29, 1975) 20, 1995)
Duty to do no falsehood 3. A lawyer who conveniently left out a
Rule 10.01 - A lawyer shall not do any falsehood, material fact in his pleading that could
nor consent to the doing of any in court; nor shall have a bearing on the outcome of the
he mislead or allow the court to be misled by any case was strongly admonished by the
artifice. Supreme Court. (Santos v. Paguio, A.M.
No. MTJ-93-781, November 16, 1993)
Preparing and notarizing the affidavit of a perjured 4. A lawyer who falsifies a court decision
witness is a violation of Rule 10.01. (Samonte vs. must be disbarred. Such act reflects a
Jumamil, A.C. No. 11668, Resolution dated high degree of moral turpitude, which
August 17, 2017) mocks the administration of justice.
Duty to not conceal the truth from the court (Embido v. Pe, A.C. No. 6832, October
A lawyer should not conceal the truth from the 22, 2013)
court, nor mislead the court in any manner no
matter how demanding his duties to clients may Duty to not misquote or misrepresent
be. His duties to his client should yield to his duty Rule 10.02 - A lawyer shall not knowingly
to deal candidly with the court. For no client is misquote or misrepresent the contents of a paper,
entitled to receive from the lawyer any service the language of the argument of opposing
involving dishonesty to the courts. (Comments of counsel, or the text of a decision or authority, or
IBP Committee) knowingly cite as law a provision already rendered
inoperative by repeal or amendment, or assert as
A lawyer should seek to preserve the public’s faith a fact that which has not been proved.
in the courts. It is his duty not to conceal the truth
from the court nor mislead it. The courts will not
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Deliberate misquoting b. Respect for Courts and Judicial

Knowingly misquoting or misrepresenting is both Officers
unprofessional and contemptuous. (Deiparine, Jr.
V. CA, G.R. No. 96643, April 23, 1993) Canon 11 - A lawyer shall observe and maintain
the respect due to the courts and to judicial
Ever present is the danger that if not faithfully and officers and should insist on similar conduct by
exactly quoted, the decisions and rulings of the others.
Supreme Court may lose their proper and correct
meaning, to the detriment of other courts, lawyers Respect due to the courts
and the public who may be misled. (Insular Life A lawyer owes the court the duty to observe and
Assurance Co., Ltd. Employees Ass’n. v. Insular maintain a respectful attitude not for the sake of
Life, G.R. No. L-25291, January 30, 1971) the temporary incumbent of the judicial office but
for the maintenance of its supreme importance
Necessity of going over documents and (Department of Health v. Sy Chi Siong Co., Inc.,
records et al., G.R. No. 85289, February 20, 1989).
The legal profession demands that lawyers Respect of courts helps build the high esteem and
thoroughly go over pleadings, motions and other regard towards them which is essential to the
documents dictated or prepared by them, typed or proper administration of justice. (People v. Carillo,
transcribed by their secretaries or clerks, before G.R. No. L-283, October 30, 1946)
filing them with the court. If a client is bound by the
acts of his counsel, with more reason should Observing respect due to the courts means that a
counsel be bound by the acts of his secretary who lawyer should conduct himself toward judges:
merely follows his orders. (Adez Realty, Inc. v. CA, 1. With courtesy everyone is entitled to
G.R. 100643, August 14, 1992) expect (Paragas v Cruz, G.R. L-24438,
July 30, 1965);
Duty to not misuse the rules of procedure 2. With the propriety and dignity required by
Rule 10.03 - A lawyer shall observe the rules of the courts. (Salcedo v Hernandez, G.R. L-
procedure and shall not misuse them to defeat the 42992, August 8, 1935)
ends of justice.
Significance of procedure Publication intended to bully courts and

The rules of procedure are intended to facilitate judges
the delivery of justice to those whom it is due
While freedom of the press includes the right to
without unnecessary expense and waste of time.
comment on pending judicial cases and the right
to criticize the public and private life of all public
Lawyer should not abuse right of recourse
officers, without any exception, it does not
A lawyer should not abuse his right of recourse to
safeguard any publication intended to bully courts
the courts for the purpose of arguing a cause that
and judges in order to sway their judgments on
had been repeatedly rebuffed. (Garcia v.
pending cases. (In re Sotto, 82 Phil 595, January
Francisco, A.C. 3923, March 30, 1993)
21, 1949)
A lawyer must remember that he is an officer of
the court and any such lawyer who uses the Rules
Obeying court orders
of Procedure to defeat or frustrate the ends of
The highest sign of respect to the courts is the
justice deserves condemnation.
lawyer’s obedience to court orders and
processes. Court orders must be respected,
While a lawyer owes fidelity to his client, it should
however erroneous they may be. (De Leon v.
not be at the expense of truth and the
Torres, Adm. Case No. 180, June 30, 1956)
administration of justice. This includes a
deliberate misinterpretation or misreading of the
Filling a motion for extension of time to file
law.
comment and not doing so is a violation of this
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Canon. (Roque, Jr. v. Balbin, A.C. No. 7088, May be cited with contempt
December 4, 2018) A lawyer who dresses improperly may be cited
with contempt. (Agpalo, 2004)
Defending judges from unjust criticism
It is a lawyer’s duty as an officer of the court to During the preliminary conference in the case of
defend a judge from unfounded criticism or Falcis vs. Civil Registrar General (G.R. No.
groundless personal attack (People v. Carillo, 217910) filed with the Supreme Court, petitioner-
G.R. No. L-283, October 30, 1946). The lawyer counsel Atty. Jesus Falcis III appeared before the
himself should refrain from subjecting a judge to Court attired in a casual jacket, cropped jeans,
groundless accusations and discourage others and loafers without socks. He was directed to
from doing so. (Cabansag v. Fernandez, G.R. No. show cause why he should not be cited in direct
L-8974, October 18, 1957) contempt for failure to observe the required
decorum during a formal session of the Court. In
Respect to the courts and judicial officers its Resolution dated July 3, 2018, the Supreme
Upholding the dignity and authority of the courts Court found Falcis to be guilty of direct contempt
ensures the stability of the judicial institution. of court for having acted in a contumacious
Hence, a lawyer must not file frivolous manner.
administrative complaints against judges and
court personnel. While parties may seek the Duty to be punctual
inhibition or disqualification of partial judges, Rule 11.02 - A lawyer shall punctually appear at
averments must be substantiated by clear and court hearings.
convincing evidence. Otherwise, lawyers, by their
bare allegations, can overturn the presumption Punctuality as sign of respect
that judges discharge their duties according to the A lawyer should show respect due the court by
law and the facts, without fear nor favor. (Madrid appearing during trial punctually. A lawyer owes it
v. Dealca, A.C. No. 7474, September 9, 2014) to his client, court and public to be punctual in
attendance and to be concise, and direct in the
Lawyer Shall Appear in Proper Attire trial and disposition of cases. If the lawyer fails
Rule 11.01 - A lawyer shall appear in court attend punctually or has repeated tardiness, the
properly attired. lawyer might prejudice his client who may be
declared non-suited or in default. (Id.)
Both male and female lawyers must always be in
business attire (for male lawyers, “business attire” The Supreme Court requires that court sessions
means either Barong Tagalog or coat and tie). must start properly at 8:30 A.M. in the morning
Appearing in court properly attired helps in and 2:00 P.M. in the afternoon.
maintaining the dignity and esteem the courts and Punctuality includes prompt compliance with
the legal profession are entitled to. The court can court orders
hold the lawyer in contempt of court if he appears The duty to be punctual also includes prompt
in improper attire. (Agpalo, Legal and Judicial compliance with court orders.
Ethics, p.152-153, 2009)
Tardiness and absences
Proper attire Inexcusable absence from, or repeated tardiness
1. Male: Long-sleeved Barong Tagalog or in, attending a pre-trial or hearing may subject the
coat and tie lawyer to disciplinary action as his actions show
2. Female: Semi-formal or business attires disrespect to the court and are therefore
3. Judges: Same attire as above under their considered contemptuous behavior. (Agpalo,
robes 2004)
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Duty to abstain from offensive language and Judge should be courteous to lawyer to merit
behavior respect
Rule 11.03 - A lawyer shall abstain from Observing and maintaining respect is not a one-
scandalous, offensive or menacing language or way duty from a lawyer to a judge. A judge should
behavior before the courts. also be courteous to counsel for if a judge desires
not to be insulted he should start using temperate
Dignified language language himself. (Fernandez v. Bello, G.R. No.
A lawyer’s language should be forceful but L-14277, April 30, 1960)
dignified, in keeping with the dignity of the legal
profession. (In Re Climaco, A.C. No. 134-J, Upholding the court’s authority and dignity
January 21, 1974) A lawyer, as a member of the bar and as an officer
of the court, should uphold the dignity and
Lawyers may use strong but not abusive authority of the court. He should not promote
language distrust in the administration of justice. (Surigao
Lawyers may use strong language to drive home Mineral Reservation Board v. Cloribel, G.R. No. L-
a point; they have a right to be in pursuing a 27072, January 9, 1970)
client’s cause. (The British Co. v. De Los Angeles,
G.R. L-33720, March 10, 1975) Lawyer shall not attribute to a judge improper
motives
However, the use of abusive language by counsel Rule 11.04 - A lawyer shall not attribute to a judge
against the opposing counsel constitutes at the motives not supported by the record or have no
same time disrespect to the dignity of the court materiality to the case.
justice. Moreover, the use of impassioned
language in pleadings, more often than not, Making hasty accusations
creates more heat than light. (Buenaseda v. A lawyer should not make hasty accusations
Flavier, G.R. 106719, September 21, 1993) against a judge, before whom he pleads his case,
without any valid ground. (People v. Taneo, G.R.
Lawyers cannot resort to scurrilous remarks that No. L-37673, March 31, 1933)
have the tendency to degrade the courts and
destroy the public confidence in them. (In Re: Constructive criticism allowed
Almacen, G.R. L-27654, February 18, 1970) This rule however does not preclude a lawyer
from criticizing judicial conduct so long as it is
A lawyer pleads; he does not dictate. (Rodil v. supported by the record or is material to the case.
Garcia, G.R. No. L-49155, May 13, 1981) (In Re Almacen, supra)
It is a lawyer’s duty to abstain from all offensive The cardinal condition of all such criticism is that
personality and to advance no fact prejudicial to it shall be bona fide, and shall not spill over the
the honor or reputation of a party or witness, wall of decency and propriety. (Zaldivar v.
unless required by the justice of the cause with Gonzales, G.R. 79690-707, February 1, 1989)
which he is charged. However, he has the right to
be zealous, even tenacious, in the prosecution or Lawyer who seeks a judge’s inhibition must
defense of the client’s cause. (The British Co. v. establish his ground of bias
De los Angeles, supra) A lawyer who seeks the inhibition or
disqualification of a judge must establish by clear
A lawyer is not at liberty to resort to arrogance, and convincing evidence the ground of bias and
intimidation, and innuendo. The lawyer must prejudice of the judge. Bare allegations of
exhaust judicial remedies or await the result partiality and hostility do not suffice because the
thereof to hold a judge to have gravely erred presumption is that a judge would undertake his
before filing an administrative case; otherwise, he noble role to dispense justice according to law and
may be accountable. (Flores v. Abesamis, A.M. the evidence and without fear or favor. (Judge
No. SC-96-1, July 10, 1997) Madrid v. Dealca, A.C. No. 7474, September 9,
2014).
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A lawyer who falsifies a court decision must be c. Assistance in the Speedy and Efficient
disbarred. Such act reflects a high degree of Administration of Justice
moral turpitude, which mocks the administration of
justice. (Embido v. Pe, A.C. No. 6832, October 22, Canon 12 - A lawyer shall exert every effort and
2013) consider it his duty to assist in the speedy and
efficient administration of justice.
Duty to submit grievances to proper
authorities
All persons shall have the right to a speedy
Rule 11.05 - A lawyer shall submit grievances disposition of their cases before all judicial, quasi-
against a Judge to the proper authorities only.
judicial, or administrative bodies. (PHIL. CONST.
art. III, Sec. 16)
The duty to respect does not preclude a lawyer
from filing administrative complaints against erring It is the duty of an attorney not to encourage either
judges. the commencement or the continuance of an
action or proceeding, or delay any man’s cause,
Supreme Court supervision from any corrupt motive or interest. (Rule 138,
The Supreme Court shall have administrative Sec. 20 (g), ROC)
supervision over all courts and the personnel
thereof. (PHIL. CONST. art. VIII, Sec. 6)
Duty to assist in the administration of justice
A lawyer is an officer of the court. Hence, his
When lawyer may file before Supreme Court
primary duty is not to his client, but the
A lawyer may only file a complaint with the
administration of justice. A lawyer may be able to
Supreme Court, through the Office of the Court
help the court in the due and orderly
Administrator, if the case is administrative in
administration of justice by doing no act that
nature. If the complaint is criminal in nature, it
obstructs, perverts or impedes the administration
must be filed with the Office of the Ombudsman.
of justice and by faithfully complying with all his
duties to the court and to his clients. (City Sheriff
A lawyer may not file an administrative complaint case, supra)
against a judge, which arises from his judicial
acts, until the lawyer shall have exhausted judicial
Duty to come to court adequately prepared
remedies which result in a finding that the judge
Rule 12.01 - A lawyer shall not appear for trial
has gravely erred. (Flores v. Abesamis, supra)
unless he has adequately prepared himself on the
law and the facts of his case, the evidence he will
Jurisdiction of Ombudsman adduce and the order of its preference. He should
The Ombudsman has jurisdiction to investigate also be ready with the original documents for
criminal offenses committed by judges, regardless comparison with the copies.
if such offense relates to official duties or not. But
the Supreme Court has the sole administrative Effect of lack of adequate preparation
supervision over judges. Thus, for a criminal case Without adequate preparation, the lawyer may not
against a judge for falsification of its Certificate of be able to effectively assist the court in the speedy
Service, the Ombudsman must defer to the and efficient administration of justice nor can he
Supreme Court the factual determination of serve his client with competence and diligence. A
whether or not the judge falsified the said lawyer’s unpreparedness can also lead to
Certificate. Absent an administrative action from postponements and delays. The duty of a lawyer
the Supreme Court over the judge, the to appear on the dates of hearing adequately
Ombudsman cannot exercise its jurisdiction over prepared is an obligation which he owes to the
the judge because the same amounts to a court as well as the client. (Comments of the IBP
violation of the doctrine of separation of powers. Committee that drafted the Code, p. 65)
(Maceda v. Vasquez, G.R. No. 102781, April 22,
1993)
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Obligations of newly hired counsel justice can result in the disbarment of a lawyer. (In
A newly hired counsel who appears in a case in re SC Resolution dated 28 April 2003, A.C. 6332,
the midstream is presumed and obliged to April 17, 2012)
acquaint himself with all the antecedent
processes and proceedings that have transpired A certification against forum shopping is required
in the record prior to his takeover. (Villasis v. CA, to be filed with the initiatory pleading; failure to do
G.R. L-34369, September 30, 1974) so is a ground for dismissal. (Rule 7, Sec. 5, ROC)
Examples of acts amounting to obstruction of Test to determine forum shopping

justice: Whether the elements of litis pendentia are
present or whether a final judgment in one case
1. Inadequate preparation;
will amount to res judicata in another. (First Phil.
2. Instructing complaining witness in a
International Bank v. CA, G.R. No. 115849,
criminal action not to appear at the
January 24, 1996)
schedule hearing so that the case against
the client would be dismissed;
3. Asking a client to plead guilty to a crime Duty to disclose pending cases
which the lawyer knows his client did not A disclosure of any pending cases at the time the
commit; initiatory pleading is filed must be made, even if:
4. Advising a client who is detained for crime 1. He has withdrawn the pending case, or
to escape from prison; 2. It has otherwise been terminated; or
5. Employing dilatory tactics to frustrate 3. The initiatory pleading is not based on the
satisfaction of clearly valid claims; same cause of action as the pending
6. Prosecuting clearly frivolous cases or case. (Soller v. Comelec, 339 SCRA 378,
appeals to drain the resources of the 1998)
other party and compel him to submit out
of exhaustion; Who must sign certification against forum
7. Filing multiple petitions or complaints for shopping
a cause that has been previously rejected
in the false expectation of getting General Rule: The party himself must sign such
favorable action; certification as he has personal knowledge of the
8. Other acts of similar nature. facts stated therein. Only the party himself has
actual knowledge of whether or not he has
Duty to not resort to forum shopping initiated similar actions or proceedings in courts or
Rule 12.02 - A lawyer should not file multiple agencies. (Digital Microware Corp. v. CA, G.R.
actions arising from the same cause. No. 128550, September 5, 2000)
Exception: A certification executed by counsel of

Forum shopping
the party must certify that he has personal
The improper practice of going from one court to
knowledge of the facts stated therein and must
another in the hope of securing a favorable relief
give a justifiable reason or explanation why the
in one court which another court has denied or the
party himself cannot sign the certification. (Ortiz v.
filing of repetitious suits or proceedings in different
CA, G.R. No. 127393, December 4, 1998)
courts concerning substantially the same subject
matter.
When there are two or more plaintiffs or
petitioners, all of them must sign the certification,
There is also forum shopping when there is an
unless one is authorized to sign on behalf of the
adverse opinion in one forum, a party seeks a
others. If the party is a juridical person, it has to
favorable opinion in another forum, other than
be executed by a corporate officer or agent duly
through an appeal or certiorari. Continuously filing
authorized by its board.
motions for inhibition against Supreme Court
Justices based from flimsy to wild accusations of
partiality in order to delay the administration of
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Sanctions for non-filing of certificate against the same or offering an explanation for his failure
forum shopping and failure to comply with its to do so.
requirements Where a lawyer’s motion for extension of time to
1. Dismissal of the case: Failure to comply file a pleading, memorandum or brief has
shall not be curable by mere amendment remained un-acted upon by the court, the least
of the complaint or other initiatory that is expected of him is to file within the period
pleading but shall be cause for the asked for. (Roque, Jr. v. Balbin, A.C. No. 7088,
dismissal of the case without prejudice, December 4, 2018)
unless otherwise provided, upon motion
and after hearing. If for some reason, he fails to do so, he should
2. Indirect contempt of court: The nonetheless file it with a motion for leave to admit
submission of a false certification or non- the same, explaining the reasons for the delay, or
compliance with any of the undertakings file a manifestation informing the court that he can
therein shall constitute indirect contempt no longer file the same. (Roxas v. CA, G.R. No.
of court, without prejudice to the 76549, 1987)
corresponding administrative and
criminal actions. Duty of lawyer to inform court
It is the duty of a lawyer to inform the court, within
Sanctions for willful and deliberate forum 30 days, of the death of his client in a pending
shopping: case and if the claim is not extinguished by death,
1. Summary dismissal of all actions, with of the name of the deceased’s representatives, so
prejudice; that substitution can be made. If there is no notice
2. Criminal, civil and/or administrative made, the court will proceed as if the party is alive
liability; and its decision thereon is binding upon the heirs
3. Direct contempt of court. of the deceased. (Heirs of Elias Lorilla v. CA., G.R.
No. 118655, April 12, 2000)
Lawyer to temper client’s propensity to litigate
A lawyer should resist the whims and caprices of It is also the lawyer’s duty to inform the court of
his client and temper his client’s propensity to any change of his address. Such duty is part of a
litigate. (Cobb-Perez v. Lantin, supra) A lawyer lawyer’s obligation to assist in the early
has an affirmative duty to check useless termination of the case. Failure on the lawyer’s
litigations, willful violation of which may subject part will result in the binding effect of service done
him to appropriate disciplinary action. (Arambulo at the lawyer’s unchanged address of record. (City
v. Perez, G.R. No. L-185, April 30, 1947) or render Sheriff v. Fortunato, supra)
him liable for costs of litigation. (Pajares v. Abad
Santos, G.R. No. L-29543, November 29, 1969) Lawyer shall not abuse court processes
Rule 12.04 - A lawyer shall not unduly delay a
Res judicata requires that: cause, impede the execution of a judgment, or
1. There be a decision on the merits; misuse court processes.
2. It be decided by a court of competent
jurisdiction; It is essential to an effective and efficient
3. The decision is final; and administration of justice that once a judgment has
4. The two actions involved identical parties, become final, the winning party be not, through
subject matter, and causes of action. subterfuge and misuses of legal process, be
deprived of that verdict. (Likim Tho v. Sanchez,
Lawyer shall file his pleadings within the G.R. No. L-2676, January 31, 1949)
prescribed period
Rule 12.03 - A lawyer shall not, after obtaining Lawyer to discourage appellate review
extensions of time to file pleadings, memoranda If a lawyer is honestly convinced of the futility of
or briefs, let the period lapse without submitting an appeal in a civil suit, he should not hesitate to
inform his disappointed client that most likely the
Page 41 of 223
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verdict will not be altered. (Castaneda v. Ago, G.R. Lawyer shall not harass a witness
No. L-28546, July 30, 1975) Rule 12.07 - A lawyer shall not abuse, browbeat
or harass a witness nor needlessly inconvenience
A lawyer who interposes an appeal manifestly for him.
the purpose delay does so with full awareness of
his responsibility as an officer of the court and of Rights of witnesses
the risk of being disciplined therefore. (Samar 1. To be protected from irrelevant, improper
Mining Co. v. Arnado, G.R. No. L-22304, July 30, or insulting questions and from a harsh or
1968) insulting demeanor;
2. Not to be detained longer than the
Lawyer shall not talk to witness during recess interests of justice require;
Rule 12.05 - A lawyer shall refrain from talking to 3. Not to be examined except as to matter
his witness during the break or recess in the trial, pertinent to the issues before the court;
while the witness is still under examination. 4. Not to give an answer which will tend to
subject him to a penalty for an offense
Purpose: To avoid any suspicion that he is unless otherwise provided by law;
coaching the witness what to say during the 5. Not to give an answer which will tend to
resumption of the examination. (Agpalo, p. 173, degrade the witness’ reputation, but a
2009) witness must answer the fact of any
previous final conviction for a criminal
Lawyer shall not assist a witness to offense. (Rule 132, Sec. 3, ROC)
misrepresent
Rule 12.06 - A lawyer shall not knowingly assist a Lawyer shall avoid testifying for a client
witness to misrepresent himself or to impersonate Rule 12.08 - A lawyer shall avoid testifying in
another. behalf of his client, except:
(a) On formal matters, such as the mailing,
Art. 184, RPC. The lawyer who presented a authentication or custody of an instrument, and
witness knowing him to be a false witness is the like, or
criminally liable for offering false testimony in (b) On substantial matters, in cases where
evidence. The lawyer is both criminally and his testimony is essential to the ends of justice, in
administratively liable. which event he must, during his testimony, entrust
the trial of the case to another counsel.
While he may interview witnesses in advance or
attend to their needs if they are poor and have no Ratio
adequate means of defraying their own expenses, The underlying reason for the impropriety of a
the lawyer must avoid any action that may be lawyer acting in such dual capacity lies in the
misinterpreted as an attempt to influence the difference between the function of a witness and
testimony of a witness. (People v. Elizaga, G.R. that of an advocate. The function of a witness is to
No. L-2487, May 18, 1950) tell the facts as he recalls then in answer to
questions. The function of an advocate is that of a
Subornation of perjury partisan.
Subornation of perjury is committed by a person
who knowingly and willfully procures another to It is difficult to distinguish between the zeal of an
swear falsely and the witness suborned (or advocate and the fairness and impartiality of a
induced) does testify under circumstances disinterested witness. The lawyer will find it hard
rendering him guilty of perjury. (US v. Ballena, to disassociate his relation to his client as an
G.R. L-6294, February 10, 1911) attorney and his relation to the party as a witness.
(Agpalo, 2004)
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Lawyer should avoid testifying in court in 1987), several labor unions picketed in
behalf of his client front of the Supreme Court, obstructing
When a lawyer is a witness for his client, except the passageway, littering the area, raising
as to merely formal matters, such as the placards, and haranguing the court with
attestation or custody of an instrument and the use of loudspeakers all day long. The
like, he should leave the trial of the case to other Supreme Court dismissed the contempt
counsel. Except when essential to the ends of charges against those involved, noting
justice, a lawyer should avoid testifying in court in that the picket was an expression of a
behalf of his client. (PNB v. Uy Teng Piao, G.R. L- freedom that had long been repressed
35252, October 21, 1932) during Martial Law, those involved were
non-lawyers, and they had duly
Lawyers as partisans apologized for their actions. The Court
Lawyers are partisans, actively advocating the took the opportunity to instruct the legal
case. Witnesses, on the other hand, are expected profession of their duties to properly
to tell facts as they recall them. If lawyers become apprise their clients of proper decorum
witnesses, there is now doubt on their fairness before the courts, and to prohibit
and impartiality. Hence, this involves a question of demonstrations and pickets within the
propriety more than competency. (Santiago v. vicinity and premises of all courts.
Rafanan, A.C. 6252, October 5, 2004) 2. A lawyer who, in a newspaper article,
asked the Supreme Court to dispel
While the law does not disqualify a lawyer from rumors that it would rule on the Plunder
being a witness and an advocate at the same Law as unconstitutional was guilty of
time, the practice is frowned upon. It may be done indirect contempt. (In re: De Vera, A.M.
when absolutely necessary and the lawyer must No. 01-12-03-SC, July 29, 2002; In re: De
withdraw from active management of the case. Vera, A.C. No. 6052, December 11, 2003)
(Phil. National Bank v. Uy Teng Piao, supra) 3. The Supreme Court ruled that the
recording of the trial of then President
d. Reliance on Merits of Case, Not On Estrada in the Sandiganbayan should not
Impropriety Tending to Influence the be televised real-time; otherwise, public
Courts opinion may affect the regularity and
fairness of the trial. (Perez v. Estrada,
Reliance on merits of his/her cause and A.M. No. 01-4-03-SC, September 13,
avoidance of any impropriety which tends to 2001)
influence or gives the appearance of influence
upon the courts Lawyer shall not extend hospitality or
Canon 13 - A lawyer shall rely upon the merits of extraordinary attention to a judge
his cause and refrain from any impropriety which Rule 13.01 - A lawyer shall not extend
tends to influence or give the appearance of extraordinary attention or hospitality to, nor seek
influencing the court. opportunity for cultivating familiarity with judges.
Improper acts of lawyer which give the Such attitude may subject both the judge and the
appearance of influencing the court to decide lawyer to suspicion. It is not, however, incumbent
case in a particular way lessen the confidence of on a lawyer to refuse professional employment in
the public in the impartial administration of justice, a case because it may be heard by a judge who is
and should be avoided. (Comments of IBP his relative, compadre or former colleague. The
Committee that drafted the Code, p. 70) responsibility is on the judge not to sit in a case
unless he is both free from bias and from the
Acts deemed improper for being attempts to appearance thereof. (Bautista v. Rebueno, G.R.
influence the court No. L-46117, February 22, 1978)
1. In the case of Nestle Philippines v.
Sanchez (G.R. No. 75209, September 30,
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Lawyer shall not publicly discuss pending Limitations on the right to criticize
cases The right of a lawyer to comment on or criticize the
Rule 13.02 - A lawyer shall not make public decision of a judge or his actuation is not
statements in the media regarding a pending case unlimited.
tending to arouse public opinion for or against a
party. It “is the cardinal condition of such criticism that it
shall be bona fide and shall not spill over the walls
Publications may interfere with fair trial of decency and propriety.” (In re Almacen, supra)
Newspaper publications by a lawyer concerning a
pending litigation may interfere with a fair trial in Respect for the judiciary cannot be had if persons
court and otherwise prejudice the impartial are privileged to scorn the resolution of the court
administration of justice. (Cruz v. Salva, G.R. No. adopted for good purposes and if such persons
L-12871, July 25, 1959; Martelino v. Alejandro, are to be permitted by subterranean means to
G.R. No. L-30894, March 25, 1970) The restriction diffuse inaccurate accounts of confidential
does not prohibit issuance of statements by public proceedings to the embarrassment of the parties
officials charged with the duty of prosecuting or and the court. (In re Lozano, supra; In re Abistado,
defending actions in court. supra)
However, such statements should avoid any Right and duty of lawyer to criticize courts
statement of fact likely to create an adverse As a citizen and officer of the court, a lawyer is
attitude in the public mind respecting the alleged expected not only to exercise the right but also to
actions of the defendants to the pending consider it his duty to expose the shortcomings
proceedings. and indiscretions of courts and judges.
Criticism of pending and concluded litigation Courts and judges are not sacrosanct. They
The court, in a pending litigation, must be shielded should expect critical evaluation of their
from embarrassment or influence in its all- performance.
important duty of deciding the case. However,
once litigation is concluded, the judge who Lawyer shall not invite interference by another
decided it is subject to the same criticism as other branch of government
people (In re Gomez, 43 Phil. 376, May 16, 1922) Rule 13.03 - A lawyer shall not brook or invite
because then his ruling becomes public property interference by another branch or agency of
and is thrown open to public consumption. government in the normal course of judicial
(Strebel v. Figueras, G.R. No. L-4722, November proceedings.
29, 1954; In re Almacen, G.R. No. L-27654,
February 18, 1970) Ratio
The basis for this rule is the principle of separation
In a concluded litigation, a lawyer enjoys wide of powers.
latitude of comment on or criticism of the judge’s
decision or his actuation. A lawyer filed in the Office of the President a so-
called complaint against the justices of the
Sub judice rule Supreme Court for their alleged biases and
A newspaper publication tending to impede, ignorance of the law. But the lawyer forgets the
obstruct, embarrass or influence the courts in separation of powers. The Judicial Department is
administering justice in a pending case constitutes third branch of government, vested with judicial
criminal contempt, but the rule is otherwise after power. The Supreme Court is, indeed, supreme —
the litigation is ended. (In re Abistado, 557 Phil. the President nor any other department or agency
668, December 30, 1932; In re Lozano, 54 Phil. may not pass judgment on it. (Maglasang v.
801, July 24, 1930) People, G.R. No. 90083, October 4, 1990)
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IV. DUTIES TO THE CLIENTS Demands from the lawyer (Daroy v. Legaspi,
supra)
Nature of the client-relationship 1. Undivided allegiance, conspicuous and
A lawyer is more than an agent or servant since high degree of good faith, loyalty, fidelity;
he possesses special powers of trust and 2. Disinterestedness, Candor, Fairness;
confidence, independence and powers superior to 3. Absolute integrity in all his dealings with
those of an ordinary agent aside from being an clients;
officer of the court. (Regala v. Sandiganbayan, 4. Renunciation of any personal advantage,
G.R. No.105938, September 20, 1996) direct or indirect, that conflicts with client’s
interest.
Characteristics of the relationship: (PCF)
1. Strictly personal; Rules protective of relation
2. Highly confidential; and Public interest requires that the personal,
3. Fiduciary. confidential and fiduciary relationship between the
In sum, the relationship between a lawyer and his attorney and client be preserved and protected.
client of one of trust and confidence. (Agpalo, (Hernandez v. Villanueva, G.R. No. L-16223,
Legal and Judicial Ethics, p. 182, 2009) February 6, 1920; Go Beltran v. Fernandez, A.M.
No. 747, June 27, 1940)
Relationship as strictly personal
1. Involves mutual trust and confidence of Only faithful adherence to the rules can safeguard
the highest degree; the trust and confidence placed by a client on his
2. Court or administrative tribunal must take attorney, and the Supreme Court subjects
client’s word on the creation or existence violators of the rules to discipline and
of the relationship; administrative liability in order to protect the
3. Should not be established out of pressure public, the courts and the clients from dishonesty
or deception; and incompetence of unfaithful lawyers.
4. Prohibits delegation of the relationship in (Hernandez v. Villanueva, supra)
favor of another attorney without the
client’s consent; Attorney-Client Relationship
5. Can be terminated at any time at the will
of the client, with or without cause; When is an attorney-client relationship
6. Cannot be terminated at the will of the deemed to exist?
lawyer without consent of the client or the An attorney-client relationship is said to exist
court; when a lawyer voluntarily permits or acquiesces
7. The relationship terminates upon the with the consultation of a person, who in respect
death of either the client or the attorney. to a business or trouble of any kind, consults a
lawyer with a view of obtaining professional
advice or assistance. (Uy v. Gonzales, A.C. No.
However, a lawyer is not required to adapt a
5280, March 30, 2004)
client’s troubles as his own as a professional
detachment will better serve the interest of the
client and keep his professional conduct within Sufficiency of professional employment
ethical bounds. (Agpalo, Legal and Judicial 1. Formality is not an essential element, as
Ethics, p.184, 2009) the contract may be express or implied.
2. In the absence of a written contract,
Relation as fiduciary and confidential circumstantial evidence is sufficient to
The relation is a very delicate, exacting and establish a professional relationship.
confidential character (Daroy v. Legaspi, A.M. No. 3. What is necessary to establish is that the
936, July 25, 1975; In re de la Rosa, 27 Phil. 258, advice and assistance of an attorney is
March 21, 1914; Canon 15, CPR) entailing sought and received in any manner
responsibilities that must be reconciled with the pertinent to his profession.
lawyer’s duties to the court, the bar and the public. 4. It is not necessary that:
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(a) A fee was paid or promised to be paid; 2. Employment of the law firm is
(b) The lawyer was previously employed by employment of all the members thereof
the client; and employment of a member of the firm
(c) The attorney consulted undertook the is employment of the law firm. (Hilado v.
case; or that David, supra)
(d) Confidential information was confided to 3. A member of the firm acts in the name
or acquired by the attorney. and interest of the firm, thus information
disclosed to him as a member of the firm
Concept of retainer is deemed disclosed to the firm.
A retainer refers to: 4. Employment of the firm results in the
1. The act of the client by which he engages continuation of the professional
the services of an attorney to render legal relationship even after the death of the
advice, or to defend or prosecute his counsel.
cause in court; or 5. Notice to a law firm as counsel of record
2. The fee a client pays to an attorney when is deemed to be notice to all the members
he is retained, a “retaining fee”, paid to of the firm. (Trust International
insure and secure his future services and Corporation v. Pelaez, G.R. No. 164871,
to compensate counsel for being August 22, 2006)
forbidden from acting as counsel for the
other party. (Hilado v. David, supra) Who can employ (L-MAE-WB)
1. Any person with Legal capacity;
Note: The proper time for a lawyer to deal with the 2. Minors or incapacitated persons with the
issue of his attorney’s fees is at the assistance of guardian ad litem;
commencement of the lawyer-client relationship. 3. Agents with special power of attorney
(Fajardo v. Bugaring, A.C. No. 5113, October 7, with regard to principal’s property or
2004) interest;
4. Executors or administrators or trustee,
Kinds of Retainer Agreements on behalf of the estate or beneficiary;
5. Wife in instances where law allows her to
1. General retainer - The purpose is to
secure beforehand the services of an sue or be sued on her own; and
6. Board of directors of a corporation, a
attorney for any legal problem that may
corporate officer with delegated power to
afterward arise.
2. Special retainer - The purpose is to be hire an attorney or a stockholder in a
derivative suit on behalf of the
secure a lawyer's services for a particular
case or service. (Agpalo, Legal and corporation.
Judicial Ethics, p.186, 2009)
Availability of service without discrimination
Canon 14 – A lawyer shall not refuse his services
Necessity of retainer
1. An attorney has no power to represent or to the needy.
appear in court on behalf of a client
without being retained or employed. General Rule: While the primary task of the
2. There must be a contract of employment, lawyer as advocate is to represent a party litigant
express or implied, between the lawyer in court, he is not obliged to act as counsel for any
and the client or the client’s person who wishes to become his client.
representative. (Hilado v. David, supra)
Exception: Under Canon 14, when rendering free
legal services to the needy and oppressed who
Employment of the law firm
1. A professional relationship arises when a are unable to pay attorney’s fees (Canon 14,
CPR; Comments of IBP Committee that drafted
client seeks and is given advice by a
the Code, p. 75) in order to aid the plight of the
member of the law firm.
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needy and in fulfillment of the IBP’s goal to make race, sex, creed or status of life, or
legal services available to those who need them. because of his own opinion regarding the
1. Lawyer has powers superior to those of guilt of said person. (Rule 14.01, CPR)
an ordinary agent. 3. A lawyer may not refuse to accept
2. A lawyer’s first duty is not to his client but representation of an indigent client
to the administration of justice. unless:
3. The poor and the indigent should not be a. He is in no position to carry out
further disadvantaged by a lack of access the work effectively or
to the Philippine legal system. competently
4. Rule on Mandatory Legal Aid Service – 60 b. He labors under a conflict of
hours a year interest between him and the
prospective client or between a
a. Availability of Service Without present client and the
Discrimination prospective client. (Rule 14.02,
CPR)
i. Services regardless of a person's
status Lawyer shall not decline appointment by the
Rule 14.01 - A lawyer shall not decline to court or by the IBP
represent a person solely on account of the Rule 14.02 - A lawyer shall not decline, except for
latter’s race, sex, creed or status of life, or serious and sufficient cause, an appointment as
because of his own opinion regarding the guilt of counsel de oficio or as amicus curiae, or a request
the said person. from the Integrated Bar of the Philippines or any
of its chapters for rendition of free legal aid.
1. A lawyer may ethically defend a person
whom he believes to be guilty. Features:
2. A defense counsel who referred to his 1. A client-attorney relation is created not
clients as the culprits that “salvaged” the only by agreement but also by
victim was deemed to have exhibited appointment; and,
discrimination against his clients. 2. The lawyer owes the same duty to the
(Francisco v. Portugal, A.C. No. 6155, indigent litigant as to a paying client.
2006) (People v. Estebia, G.R. No. L-26868,
February 27, 1969; People v. Ingco, G.R.
A lawyer should not decline to represent an No. L-32994, October 29, 1971; Ledesma
unpopular client regardless of his personal v. Climaco, G.R. No. L-23815, June 28,
feelings (Rule 138, Sec. 20(h), ROC; Rule 14.01, 1974)
CPR) on the guilt or innocence of the accused.
This is distinct from a situation where a lawyer The lawyer is duty-bound to render the required
who knows that his client is guilty, in which case service unless he is excused by the court upon
he cannot put up an honest and whole-hearted sufficient cause shown. (Rule 138, Sec. 31, ROC)
defense.
A counsel de oficio is expected to do his utmost
General Rule: A lawyer is not obliged to act as as an opportunity to assist in the proper
legal counsel for any person who may wish to dispensation of justice. Mere presence in the court
become his client. He has the right to decline is not enough.
employment.
In instances of negligence of counsel de oficio that
Exceptions: is so gross as to be tantamount to lack of due
1. A lawyer shall not refuse his services to process, cases that go up on appeal or certiorari
the needy. (Canon 14) are remanded to the lower court for further
2. A lawyer shall not decline to represent a proceedings.
person solely on account of the latter’s
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ii. Services as Counsel de oficio b. Is without counsel de parte on

appeal; or,
What is counsel de oficio? c. Has signed the notice of appeal
A court may assign a lawyer to render himself, the clerk of court may
professional aid, free of charge, to any party in a designate a counsel de oficio;
case if upon investigation it appears that the party 3. An appellant not confined in prison may,
is destitute and unable to employ a lawyer and upon request, be assigned a counsel de
that the services of a counsel are necessary to oficio within 10 days from receipt of notice
secure the ends of justice. to file brief and establishment of right
thereto. (Rule 124, Sec. 2, ROC)
A counsel de oficio is expected to render effective 4. A court may assign an attorney to render
service wand to exert his best efforts on behalf of professional aid free of charge to any
an indigent accused. He has as high a duty to a party in a case, if upon investigation it
poor litigant as to a playing client. He should as a appears that the party is destitute and
vanguard in the bastion of justice have a bigger unable to employ an attorney, and the
dose of social conscience and a little less of self- services of counsel are necessary to
interest. He should ever be conscious of his duty secure the ends of justice and to protect
to the indigent whom he defends. (Lames v. the rights of the party. It shall be the duty
Lascieras, AM No. 1919, March 30, 1979) of the attorney so assigned to render the
required service, unless he is excused by
Who may be appointed counsel de oficio? the court for sufficient cause shown. (Rule
The court, considering the gravity of the offense 138, Sec. 31, ROC)
and the difficulty of the questions that may arise, 5. If a criminal case is pending in a location
shall appoint as counsel de oficio such members where there are no available practicing
of the bar in good standing who, by reason of their lawyers, the city or municipal judge
experience and ability, can competently defend concerned shall immediately recommend
the accused. But in localities where such to the nearest District Judge the
members of the bar are not available, the court appointment of a counsel de oficio, and
may appoint any person, resident of the province the District Judge shall appoint a
and of good repute for probity and ability, to municipal judge or a lawyer employed in
defend the accused. (Rule 116, Sec. 7, ROC) any branch, subdivision, or
instrumentality of the government within
Are all counsel de oficio lawyers? the province as counsel de oficio for the
No. In localities where members of the Bar are not indigent. The services shall be duly
available, the court may appoint any person, compensated by the Government in
resident of the province and good repute for accordance with Rule 138, Sec. 32. (P.D.
probity and ability, to defend the accused. (Rule 543, 1974)
116, Sec. 7, ROC)
When not assigned:
When assigned; In criminal actions
1. it is not enough for the Court to apprise an
In criminal actions, a counsel de oficio is assigned
accused of his right to have an attorney, it
before arraignment and accused has not named a
is not enough to ask him whether he
counsel of choice. (Rule 116, Sec. 6, ROC)
desires the aid of an attorney, but it is
essential that the court should assign one
1. Upon filing of the notice of appeal in the
de oficio for him if he so desires and he is
RTC, CA or SC and the clerk of court
poor or grant him a reasonable time to
inquires if appellant desires that a counsel
procure an attorney of his own. Failure to
de oficio to be appointed (Rule 122, Sec.
do so may be a ground to set aside the
13, ROC)
judgment and a new trial ordered. (People
2. If it appears from the record as
v. Malunsing, G.R. No. L-29015, April 29,
transmitted that the accused:
1975)
a. Is in prison;
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2. Right to counsel of choice is violated secondary consideration. (Agpalo, Legal and

when: Judicial Ethics, p. 12, 2009)
a. Accused informed trial court his
desire to acquire counsel of The attorney’s fees or the client’s ability to pay
choice; should not determine the devotion of a lawyer to
b. A counsel de oficio is appoint; his client’s cause. (Operel v. Abaria, A.C. No. 959,
c. Accused protests appointment July 30, 1971; People v. Estebia, G.R. No. L-
and actions of counsel de oficio. 26868, February 27, 1969)
(People v. Solis, G.R. No. L-
33957, March 15, 1984) The fact that he merely volunteered his services
or the circumstance that he was a counsel de
Frequent appointment of the same counsel oficio neither diminishes nor alters the degree of
discouraged professional responsibility owed to his client.
The accused may be denied affective assistance (People v. Rio, G.R. No. 90294, September 24,
when a lawyer is repeatedly appointed as counsel 1991) Failure to pay the agreed fees does not
de oficio by the court as: warrant abandonment of the client’s case. (In re
1. He may be overburdened by his regular Montague & Dominguez, G.R. No. 1107, April 2,
practice and have little time for his de 1904)
oficio cases; or,
2. He may treat de oficio cases as a regular Lawyers who devoted their professional practice
source of income and be inordinately in representing litigants who could ill afford legal
eager to finish his cases and collect fees. service deserve commendation. However, this
(People v. Daeng, G.R. No. L-34091, mantle of public service will not deliver the lawyer,
January 30, 1973) no matter how well meaning, from the
consequences of negligent acts. It is not enough
Who may be appointed as counsel de oficio to say that all pauper litigants should be assured
of legal representation. They deserve quality
1. A member of the bar in good standing
representation as well. (Canoy v. Ortiz, A.C. No.
who, by reason of their experience and
5485, March 16, 2005)
ability, can competently defend the
accused;
iii. Valid grounds for refusal to serve
2. In localities without lawyers:
a. Any person resident of the
Rule 14.03 – A Lawyer may not refuse to accept
province and of good repute for
representation of an indigent client unless:
probity and ability (Rule 116, Sec.
a) He is not in the position to carry out the
7, ROC);
work effectively or competently;
b. A municipal judge or a lawyer
b) He labors under a conflict of interest
employed in any branch,
between him and the prospective client or
subdivision or instrumentality of
between a present client and the
the government within the
prospective client.
province. (PD 543, Sec. 1)
Lawyer shall observe the same standards for General Rule: A lawyer is not obligated to
represent any person who wishes to be his client.
all clients.
Rule 14.04 – A Lawyer who accepts the cause of (Enriquez v. Gimenez, G.R. No. L-12817, April 29,
1960)
a person unable to pay his professional fees shall
observe the same standard of conduct governing
his relations with paying clients. Exceptions:
1. A lawyer may not refuse to represent
The purpose of the legal profession is public indigent client unless he is relieved by the
court for sufficient cause, such as when:
service and secure justice; livelihood is only a
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a. He is not in a position to carry out commitment and responsibility violates the Code
the work effectively or of Professional Responsibility. (Overgaard v.
competently; or Valdez, A.C. 7902, September 30, 2008)
b. There exists a conflict of interest
between him and the prospective c. Client’s Money and Properties
client.
2. A government lawyer called upon to Canon 16 - A lawyer shall hold in trust all moneys
represent the government, any of its and properties of his client that may come into his
agencies or any officer thereof unless he profession.
is disqualified to act as counsel.
(Enriquez, Sr. v. Gimenez, G.R. No. L- Rule 16.01 - A lawyer shall account for all money
12817, April 29, 1960; Reyes v. Cornista, or property collected or received for or from the
G.R. No. L-55555, March 25, 1953; client.
Municipality of Bocaue v. Manotok, G.R. Commingling of Funds
No. L-6528, May 25, 1953; Aquador v. Rules 16.02 - A lawyer shall keep the funds of
Enerio, G.R. No. L-20388, January 30, each client separate and apart from his own and
1971; Callejo v. Court of Appeals, G.R. those of others kept by him.
No. 156413, April 14, 2004)
Delivery and accounting of funds
The Solicitor General, in cases requiring him to Rule 16.03 - A lawyer shall deliver the funds and
act on behalf of the government, should not property of his client when due or upon demand.
decline to appear in court without a just and valid However, he shall have a lien over the funds and
reason (Gonzales v. Chavez, G.R. No. 97351, may apply so much thereof as may be necessary
February 4, 1992) even in cases where two to satisfy his lawful fees and disbursements,
government agencies are at odds against each giving notice promptly thereafter to his client. He
other. shall also have a lien to the same extent on all
judgments and executions he has secured for his
A lawyer must accept only as much cases as he client as provided for in the Rules of Court.
can efficiently handle, otherwise the interests of
his clients will suffer. (Parias v. Paguinto, A.C. Money entrusted to a lawyer for a specific
6297, July 13, 2004) purpose, such as for the processing or transfer of
land title, but not used for the purpose, should be
b. Candor, Fairness, and Loyalty to immediately returned. A lawyer’s failure to return
Clients upon demand the funds held by him on behalf of
his client gives rise to the presumption that he has
Canon 15 – A lawyer shall observe candor, appropriated the same for his own use in violation
fairness and loyalty in all his dealings and of the trust reposed to him by his client. (Isalos v.
transactions with his client. Cristal, A.C. No. 11822 (Resolution), November
1. In his dealings with his client, a lawyer 22, 2017)
must conduct himself with integrity in a
manner beyond approach. The lawyer’s admission of his use of a client’s
2. A lawyer should refrain from any action funds for his personal use constitutes substantial
whereby for his personal benefit or gain, evidence of malpractice. (Velez v De Vera, A.C.
he abuses or takes advantage of the No. 6697, July 25, 2006)
confidence reposed in him by the client.
When a lawyer receives money from his client for
To hide from the complainant, avoid his calls, a particular purpose, he is bound to render an
ignore his letters, and leave him helpless is accounting to the client showing that the money
unforgivable; and to commit all these acts and was spend for the intended purpose. (Olayta-
omissions after receiving the full amount of legal Camba v. Bongon, A.C. No. 8826 March 25,
fees and after assuring the client of his 2015)
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The lawyer’s continuing exercise of his retaining his compensation." (Agpalo, Legal and Judicial
lien presupposes that the client agrees with the Ethics, p. 249-250, 2009)
amount of attorney’s fees to be charged. In case
of disagreement or when the client contests that No borrowing or lending
amount for being unconscionable, however, the Rule 16.04 - A lawyer shall not borrow money
lawyer must not arbitrarily apply the funds in his from his client unless the client’s interests are fully
possession to the payment of his fees. He can file, protected by the nature of the case or by
if he still deems it desirable, the necessary action independent advice. Neither shall a lawyer lend
or proper motion with the proper court to fix the money to a client except, when in the interest of
amount of such fees. (Daniel Lemoine v. Amadeo justice, he has to advance necessary expenses in
Balon, Jr. A.C. No. 5829, October 28, 2003) a legal matter he is handling for the client.
When a lawyer is accused of delay in the delivery A lawyer asked financial help from his client for the
of the sum of money due to his client, he must construction of his house and purchase of a car to
explain the reason for such a delay. His failure to which his client willingly helped. However, for such
explain such delay gives rise to the presumption help, the said lawyer paid his client by issuing a
that he has appropriated the same for his own use check which was later dishonored. It was held that
in violation of the trust reposed in him by his client. the act of a lawyer in issuing a check without
(Dongga-as v. Cruz-Angeles A.C. No. 11113, sufficient funds constitutes such willful dishonesty
August 9, 2016) and immoral conduct as to undermine the public
confidence in the legal profession. He cannot
Application of attorney’s lien justify his act of issuing worthless checks by his
dire financial condition. If he suffered a reversal of
The delivery of funds to the client is subject to the
fortune, he should have explained with
lawyer’s lien, as follows:
particularity the circumstances which caused his
(1) The lawyer must render an accounting to failure to meet his obligations. His generalized
the client on how the funds were used. and unsubstantiated allegations as to why he
(2) The lawyer then deducts the applicable reneged in the payment of his debts promptly
attorney’s fees. despite repeated demands and sufficient time
(3) The lawyer then turns over the remaining afforded him cannot withstand scrutiny. (Jerry
balance to the client. (Tanhueco vs. De Wong v. Atty. Salvador N. Moya, A.C. No. 6972,
Dumo, A.M. No. 1437, April 25, 1989) October 17, 2008)
Duty not to acquire client's property

Rebates and commission
Art. 1491, Civil Code- The following persons
Rule 20.03 - A lawyer shall not, without the full
cannot acquire by purchase, even at a public or
knowledge and consent of the client, accept any
judicial auction, either in person or through the
fee, reward, costs, commission, interest, rebate or
mediation of another:
forwarding allowance or other compensation
whatsoever related to his professional
xxx
employment from anyone other than the client.
5. Justices, judges, prosecuting
"Whatever the client receives from the opposite
attorneys, clerks of superior and inferior
party in the service of his client belongs to the
courts, and other officers and employees
client, in the absence of his client’s consent, after
connected with the administration of
a full disclosure of facts."
justice, the property and rights in litigation
or levied upon an execution before the
Generally "a lawyer may not claim the attorney's
court within whose jurisdiction or territory
fees in the concept of damages awarded by the
they exercise their respective functions;
court in favor of his client, except when he and his
this prohibition includes the act of
client have agreed that whatever amount the court
acquiring by assignment and shall apply
may award as attorney's fees would form part of
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to lawyers, with respect to the property prospective client or between a present client and
and rights which may be the object of any the prospective client.
litigation in which they may take part by Rule 15.03 - A lawyer shall not represent
virtue of their profession. conflicting interests except by written consent of
all concerned given after full disclosure of the
Art. 1492, Civil Code - The prohibitions in the two facts.
preceding articles are applicable to sales in legal
redemption, compromises and renunciations. There is inconsistency of interests within the
meaning of the prohibition when, on behalf of one
In the case of In re Maquera, Atty. Maquera client, it is the attorney’s duty to contend for that
acquired his client’s property by exercising the which his duty to another client requires him to
right of redemption previously assigned to him by oppose (Buted vs. Hernando, A.C. No. 1359,
the client in payment of his legal services. Such October 17, 1991) or when the possibility of such
transaction falls squarely under Article 1492 in situation develops. (U.S. vs. Laranza, 21 Phil 500,
relation to Article 1491, paragraph 5 of the Civil January 12, 1918)
Code, which prohibits the lawyer’s acquisition by
assignment of the client’s property which is the What is the rationale for prohibiting conflict of
subject of the litigation handled by the lawyer. interest?
Under Article 1492, the prohibition extends to (1) The law seeks to assure clients that their
sales in legal redemption. The prohibition is lawyers will represent them with
founded on public policy because, by virtue of his undivided loyalty. A client is entitled to be
office, an attorney may easily take advantage of represented by a lawyer whom the client
the credulity and ignorance of his client and can trust. Instilling such confidence is an
unduly enrich himself at the expense of his client. objective important in itself.
(In re Maquera, B.M. No. 793, July 30, 2004) (2) The prohibition against conflicts of
interest seeks to enhance the
The prohibition against acquisition of a client's effectiveness of legal representation. To
property does not apply when the subject property the extent that a conflict of interest
is not involved in litigation and when the undermines the independence of the
relationship between the parties is not of a lawyer lawyer’s professional judgment or inhibits
and a client but one of business partners. a lawyer from working with appropriate
(Zalamea v. Atty. de Guzman, A.C. No. 7387, vigor in the client’s behalf, the client’s
November 7, 2016) expectation of effective representation
could be compromised.
d. Fidelity to Client’s Cause: Duty to (3) A client has a legal right to have the
prevent conflict of interest lawyer safeguard the client’s confidential
information. Preventing use of
Canon 17 - A lawyer owes fidelity to the cause of confidential client information against the
his client and he shall be mindful of the trust and interests of the client, either to benefit the
confidence reposed in him. lawyer’s personal interest, in aid of some
other client, or to foster an assumed
Rule 15.01 - A lawyer, in conferring with a public purpose is facilitated through
prospective client, shall ascertain as soon as conflicts rules that reduce the opportunity
practicable whether the matter would involve a for such abuse.
conflict with another client or his own interest, and (4) Conflicts rules help ensure that lawyers
if so, shall forthwith inform the prospective client. will not exploit clients, such as by inducing
a client to make a gift to the lawyer.
Rule 14.03 - A lawyer may refuse to accept (5) Finally, some conflict-of-interest rules
representation of a client if: (b) he labors under protect interests of the legal system in
conflict of interest between him and the obtaining adequate presentations to
tribunals. In the absence of such rules, for
example, a lawyer might appear on both
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sides of the litigation, complicating the 7. Retained counsel of a university

process of taking proof and compromise appearing for some of the plaintiffs in a
adversary argumentation. (Samson v. case against the university (Northwestern
Atty. Era, A.C. No. 6664, July 16, 2013) University v. Arquillo, A.C. No. 6632,
August 2, 2005);
Modes of conflict of interest 8. Counsel for a prevailing party in a case,
(1) When present clients are opposing parties appearing as counsel foru the sheriff in a
in the same or related suits; case filed by the lawyer’s former client
(2) When present clients are opposing parties against the sheriff for negligence in
in unrelated cases; enforcing the writ of execution in the
(3) New client against former client where the former case (Gonzales v. Cabucana, A.C.
present controversy is related, directly or No. 6836, January 23, 2006);
indirectly, to the subject matter of the 9. A lawyer who filed a case in behalf of one
previous litigation involving the former party to annul a deed of sale he previously
client; prepared for another party (Aniñon vs.
(4) Attorney's interest vs. client's interest Sabitsana, A.C. No. 5098, April 11, 2012);
10. Corporate counsel appearing as counsel
What are the tests to determine conflict of for the Board of Directors in a derivative
interest? suit filed against them (Hornilla v.
1. Is the lawyer duty-bound to fight for an Salunat, A.C. No. 5804, July 1, 2003);
issue or claim in behalf of one client and, 11. Handling the company's legal affairs and
at the same time, oppose that claim for being a member of the labor union of the
the other client? company's employees.
2. Would the acceptance of a new relation
prevent the full discharge of the lawyer's The prohibition on conflicting interests and
duty of undivided fidelity and loyalty to the duties prevents a lawyer from:
client? 1. Being a counsel in any matter upon the
3. Would the acceptance of a new relation merits of which he has previously
invite suspicion of unfaithfulness or intervened as a public officer (Rule 6.03,
double-dealing in the performance of the CPR);
lawyer’s duty? 2. Attacking the validity of an instrument
4. In accepting the new relation, will the which was prepared by him/her;
lawyer be called upon to use confidential 3. Enforcing an agreement against another
information acquired through the previous who was his/her client in the preparation
connection or employment against a thereof.
former client? (Lee vs. Simando, A.C. No.
9537, June 10, 2013) Rules on conflict of interest
General rule: A lawyer is prohibited from
Examples of conflicts of interest: representing conflicting interests.
1. Husband vs. wife in a matrimonial action;
2. Contending claimants to the same Exceptions:
property; (1) There is no true attorney-client
3. Creditor vs. debtor in a recovery suit; relationship.
4. Seller vs. purchaser of property; (2) All those concerned give their consent in
5. Insurer vs. insured; writing after a full disclosure of the facts.
6. Accused vs. offended party in a criminal
action. For example, in the case of Perez Where no true attorney-client relationship
vs. de la Torre (A.C. No. 6160, March 30 exists
2006), the lawyer offered his services to The prohibition against the representation of
the accused without disclosing that he conflicting interests does not apply when there is
was already retained by the family of the no true attorney-client relationship.
victim.
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The prohibition on conflict of interest, however, stakes in the subject matter of the suit brought on
still applies to an attorney's secretary, behalf of his client.
stenographer or clerk, who in such capacity has
acquired confidential information from, the A lawyer is not authorized to have financial stakes
attorney's client, who latter becomes an attorney, in the subject matter of the suit brought in behalf
even though there is no true-attorney client of his client. In this case, an attorney was the
relationship. Union President who was among those who were
illegally dismissed. In the illegal dismissal case,
Where clients knowingly consent he was the attorney representing the Union and at
A lawyer may represent conflicting interests as the same time an interested party, being one of
long as all parties give their express written those dismissed. A compromise was entered and
consent after a full disclosure of the facts. (Rule the employer was made to pay a sum to the
15.03, CPR) Union. But before giving the money to the Union,
he secretly took his share from the sum. It was
Disclosure alone is not enough for the clients must held that defendant failed to avoid conflict of
give their informed consent to such interests, first, when he negotiated for the
representation. The lawyer must explain to his compromise agreement wherein he played the
clients the nature and extent of the conflict and the diverse roles of union president, union attorney
possible adverse effect must be thoroughly and interested party being one of the dismissed
understood by his clients. (Nakpil v. Valdez, A.C. employees seeking his own restitution, and
No. 2040, March 4, 1998) thereafter, when he obtained the attorney’s fees
without full prior disclosure of the circumstances
This general rule only applies when one client is a justifying such claim to his client. (Gamilla v.
former client, not when both clients are current Marino Jr., A.C. No. 4763, March 20, 2003)
clients in the case.
Rules applicable to law firms
The attorney should also discontinue dual When a lawyer is disqualified from appearing as
representation when the conflict of interest has counsel in a case because of conflict of interests,
reached such point that the lawyer may be his law firm and all its members are also
suspected of disloyalty to one client, although he disqualified from said case. This is because the
may not be held administratively liable because of employment of the law firm is considered a
the consent. retainer of all its members.
Exception: Dual representation, even when there Information obtained from a client by a member or
is consent, is not allowed when: assistant of a law firm is information imparted to
1. The conflict is between the attorney's the firm. Hence, such an attorney is still
interest against his clients, in such case disqualified due to conflict of interest even if was
the client's interest is superior. his partner who received the client’s information
2. Conflict of interest between a private and replied to it. (Hilado v. David, supra)
client against the government and any of
its instrumentalities, in this case dual Effect of termination of relation
representation is absolutely prohibited. General Rule: The termination of the attorney-
(Rule 6.03, CPR) client relationship does not allow a lawyer to
represent an interest adverse to or in conflict with
Attorney's interest vs. client's interest that of the former client.
It is improper for an attorney, even with his client's
consent, to continue to be his client’s counsel Exception: Where the former client expressly
against a defendant, when the former brings consents. (Senior Marketing Corp. v. Bolinas,
another suit, in his own behalf, if it is uncertain A.C. No. 6740, February 26, 2014)
whether the latter will be able to satisfy both
claims. The lawyer may also not have financial The nature of the attorney-client relationship is
one of trust and confidence of the highest degree.
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The termination of attorney-client relation profession and which other similarly

provides no justification for a lawyer to represent situated possess;
an interest adverse to or in conflict with that of the 2. Will exert his best judgment in the
former client. Even after the severance of the prosecution or defense of the litigation
relation, a lawyer should not do anything which entrusted to him;
will injuriously affect his former client in any matter 3. Will exercise reasonable and ordinary
in which he previously represented him, nor care and diligence in the use of his skill
should he disclose or use any of the client’s and in the application of his knowledge to
confidences acquired in the previous relation. his client's cause;
Fidelity to a client is perpetual. (Heirs of Falame v. 4. Will take such step as will adequately
Baguio, A.C. No. 6876, March 7, 2008) safeguard his client's interest.
Concurrent practice of another profession Diligence in handling case

Rule 15.08 - A lawyer who is engaged in another The lawyer is expected to employ all reasonable
profession or occupation concurrently with the steps in the ordinary care of his client.
practice of law shall make clear to his client
whether he is acting as a lawyer or in another A lawyer must exercise that degree of vigilance
capacity. and attention expected of a good father of a family.
(Phil. Bank of Commerce v. Aruego, CA-G.R. No.
Lawyers are not precluded from engaging in 28274, June 18, 1965) He is not bound to exercise
business. Impropriety arises when the business is extraordinary diligence. (Pajarillo v. WCC, G.R.
of such a nature or is in such a manner as to be No. L-42927, January 28, 1980) What amounts to
inconsistent with the lawyer’s duties as a member carelessness or negligence in the lawyer’s
of the bar, i.e. if the business will readily lend itself discharge of his duty depends upon the
as a means of procuring professional employment circumstances of the case.
for him.
The attorney's duty to safeguard the client's
A lawyer-CPA can be held liable for misconduct interests commences from his retainer until his
committed in his capacity as accountant. In the effective release from the case or the final
case of Nakpil vs. Valdes (A.C. No. 2040, March disposition of the whole subject matter of the
4, 1998), Atty. Valdes served as the lawyer and litigation. (Agpalo, Legal and Judicial Ethics, p.
accountant of the spouses Nakpil. When Mr. 219, 2009)
Nakpil died, Atty. Valdes’s law firm handled the
estate proceedings of Mr. Nakpil’s estate while his i. Adequate Preparation
auditing firm acted as accountant of both Mr.
Nakpil's estate and 2 of its creditors. Atty. Valdes Rule 18.02 - A lawyer shall not handle any legal
was senior and controlling partner of both firms matter without adequate preparation.
which were housed in the same building. He was
found guilty of misconduct and suspended from The full protection of the client’s interests requires
the practice of law on account of conflict of no less than a mastery of the applicable law and
interest. the facts involved in a case, regardless of the
nature of the assignment. (Agpalo, Legal and
e. Competence and Diligence Judicial Ethics, p. 221, 2009)
Canon 18 - A lawyer shall serve his client with Inadequate preparations cause adverse effects. It
competence and diligence. may cast doubt upon the lawyer’s intellectual
honesty and capacity (Cuaresma v. Daquis, G.R.
By accepting a retainer, a lawyer implies that he: No. L-35113, March 25, 1975), which may lead to
1. Possesses the requisite degree of embarrassment, disciplinary action or contempt of
learning, skill and ability which is court. (Lim Se v. Argel, G.R. No. L-42800, April 6,
necessary to the practice of his 1976)
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Preparation of pleadings to appear for him. (Que v. CA, G.R. No. L-54169,
A lawyer’s pleading shows the extent of his study November 10, 1980)
and preparation, articulates his ideas as an officer
of the court, mirrors his personality, and reflects What is required when moving for time to file
his conduct and attitude towards the court, the pleading or to postpone pleading?
opposing party and his counsel. A lawyer must A lawyer may file a motion for extension of time to
exercise utmost care in the preparation of file pleadings when pressure of work or other
pleadings. (Agpalo, Legal and Judicial Ethics, p. unavoidable reasons require so.
222, 2009)
However, he should not assume that the
He must have thorough knowledge of the extension of time will be granted and must inquire
substantive and procedural laws applicable to the with the clerk of court as to its status. If the motion
facts of the case. He must thoroughly discuss the for extension of time to file a pleading, motion,
issues raised (GSIS v. CA, G.R. No. 128523, brief or memorandum has remained unacted by
September 28, 1998) and refrain from using the court, the lawyer must file it within the time
abrasive and offensive language. (Yangson v. asked for. (Agpalo, Legal and Judicial Ethics, p.
Salandanan, A.M. No. 1347, November 12, 1975) 231, 2009)
Interviewing of witnesses ii. Negligence

A lawyer may interview a witness in advance of
trial to guide him in the management of his Rule 18.03 - A lawyer shall not neglect a legal
litigation and to ascertain certain facts in matter entrusted to him, and his negligence in
controversy. (Canon 39, CPE) A lawyer may also connection therewith shall render him liable.
interview a prospective witness for the opposing
side in any civil or criminal action without the Effects of counsel's negligence
consent of opposing counsel or party. (Agpalo,
Legal and Judicial Ethics, p. 225, 2009) General rule: A client is bound by the negligence
of his/her lawyer.
What to do in case of conflict in trial dates
Exception: When the negligence of counsel is so
A lawyer who has two or more cases in different
gross that the client is deprived of due process.
courts set for trial on the same date without his
(Encarnacion vs. People, G.R. No. 189955, July
previous knowledge should lose no time in asking
23, 2014)
for postponement of the case or cases set later,
as he should not give undue preference for the
In a case, an attorney was disbarred due to
work in one as against the other, except in cases ‘palpable sloth' – for causing the dismissal of the
where there have been previous warnings by the client’s appeals in two cases, the first one due to
Court against further postponement. (Agpalo, his improper way of filing the appeal and the
Legal and Judicial Ethics, p. 226, 2009) second one due to his non-filing of the appellant’s
brief. Furthermore, he did not offer a plausible
In the event the court has served warning not to explanation for not doing his level best in
delay, in view of previous repeated representing his client’s cause on appeal; thus,
postponements of trial, he should submit motion making complainant suffer serious losses
for postponement at such time as is practicable. amounting to millions of pesos. As counsel, he
had the duty to present every remedy or defense
authorized by law to protect his client. He should
When his motion for postponement has been
undertake the task with dedication and care, and
denied or when the case has been set for trial for if he should do no less, then he is not true to his
the last time, the lawyer must take precautionary lawyer’s oath. (Panelco I v. Atty. Montemayor,
measures by notifying the court and his client, A.C. No. 5739, September 12, 2007)
asking the client concerned to secure the services
of another lawyer or requesting another attorney
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Adoption of system to insure receipt of mails or trial. (Bank of the Philippines vs. Spouses
Service of notice by registered mail is complete Roberto and Teresita Genuino, G.R. No. 208792,
upon actual receipt thereof by the addressee. July 22, 2015)
However, if he fails to claim his mail within 5 days
from the date of the first notice of the postmaster, Failure to do so may justify the dismissal of the
service shall take effect at the expiration of such action for failure to prosecute. (Montejo v. Urotia,
time. (Rule 13, Sec. 8, ROC) G.R. No. L-27187, July 22, 1971)
There must be a certification by the postmaster iii. Collaborating Counsel

that the addressee received the first notice.
Failure or refusal of a lawyer to claim registered Rule 18.01 - A lawyer shall not undertake a legal
mails addressed to him shows omission or service which he knows or should know that he is
negligence on his part. (Pielago v. Generosa, G.R. not qualified to render. However, he may render
No. L-47879, August 24, 1942) such service if, with the consent of his client, he
can obtain as collaborating counsel a lawyer who
Notice of change of address is competent on the matter.
A lawyer owes his client and the court the duty to
make of record his correct address and to inform When accepting professional employment, a
the court in writing of his change of address. lawyer must be knowledgeable, competent and
(Ortalis v. CA, G.R. No. L-36088, May 16, 1973) skillful to handle the case. The lawyer’s
acceptance is an implied representation that he
Without his address being recorded in the case, a possesses the academic learning, skill, and ability
lawyer will not be entitled to be served with judicial to handle the case.
notice. (Magpayo v. CA, G.R. No. L-35966,
November 19, 1974) A new counsel, who enters his appearance in
midstream, has the duty not only to thoroughly
Insofar as the court is concerned, the last address study the case, but also to inquire as to the status
on record is the place where all notices shall be of the case. (Arambulo v. CA, G.R. No. 10518,
served until the court is officially informed to the September 17, 1993)
contrary. (Thermochem, Inc. v. Naval, G.R. No.
131541, October 20, 2000) iv. Duty to Apprise Client
The failure or negligence of counsel in not giving Rule 18.04 - A lawyer shall keep the client
notice of his change of address is binding upon informed of the status of his case and shall
his client, and both the client and his counsel must respond within a reasonable time to client’s
suffer the consequences. (Villa Transport request for information.
Services, Inc. v. Court of Appeals, G.R. No.
76232, January 18, 1991) A lawyer must advise his client promptly whenever
he has any information to give which it is important
Notice of death of client that the client receive. (Adecer v. Akut, A.C. No.
A lawyer must inform the court, within 30 days, of 4809, May 3, 2006) He should notify his client of
the death of his client. If the claim survives such an adverse decision well within the period to
death, the lawyer has the duty to also inform the appeal to enable his client to decide whether to
court of the names of the legal representatives of seek an appellate review thereof. (Tan v. Dimante,
the deceased so that the latter can be substituted A.C. No. 7766, August 5, 2014)
as parties. (Rule 3, Sec. 16, ROC)
The client is entitled to the fullest disclosure of the
Requiring clerk of court to do his duty more or manner by which his interest is defended
If the clerk of court is negligent in setting the case or why certain steps are taken of omitted.
for pre-trial and hearing, it is the lawyer’s duty to (Villariasa-Reisenbeck v. Abarrientos. A.C. No.
call the attention of the court to the fact or to file 6238, November 4, 2004) However, it is also the
the necessary motion to set the case for pre-trial client’s duty to make proper inquiries from his
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counsel concerning his case. (Florendo v. 7. Not, in advocating his client's cause, state
Florendo, G.R. No. L-24982, March 28, 1969) his personal belief as to the soundness or
justice of his case.
f. Representation with Zeal Within Legal
Bounds An attorney’s act of filing a criminal complaint for
resistance and disobedience to a person in
Representation with zeal within legal bounds authority against the adverse party, for failure to
Canon 19 - A lawyer shall represent his client with comply with an order of the court, was held to be
zeal within the bounds of the law. a violation of Rule 19.01. Fair play demands that
counsel should have filed the proper motion with
While a lawyer owes absolute fidelity to the cause RTC to attain his goal and not subject complainant
of his client, full devotion to his genuine interest, to a premature criminal prosecution. (Atty. Briones
and warm zeal in the maintenance and defense of v. Atty. Jacinto, A.C. No. 6691, April 27, 2007)
his rights, as well as the exertion of his utmost
learning and ability, he must do so only within the A lawyer should not file or threaten to file any
bounds of the law. (Que v. Revilla, Jr., A.C. No. unfounded criminal case against the adversaries
7054, December 4, 2009) of his client designed to secure a leverage to
compel the adversaries to yield or withdraw their
Rule 15.05 - A lawyer when advising his client, own cases against the lawyer’s client. Thus, a
shall give a candid and honest opinion on the letter sent by counsel to the adverse party, which,
merits and probable results of the client's case, more than just a simple demand to pay, even
neither overstating nor understating the prospects contained a threat to file retaliatory charges
of the case. against the complainant which have nothing to do
with his client’s claim for separation pay,
Rule 15.06 - A lawyer shall not state or imply that amounted to blackmail and is definitely proscribed
he is able to influence any public official, tribunal by the Code of Professional Responsibility. (Pena
or legislative body. v. Aparicio, A.C. No. 7298, June 25, 2007)
i. Use of Fair and Honest Means Rule 19.01 is violated when the criminal complaint
Rule 19.01 - A lawyer shall employ only fair and filed or threatened to be filed is patently frivolous,
honest means to attain the lawful objectives of his meritless and clearly groundless and is aimed
client and shall not present, participate in solely at gaining the sole purpose of improper
presenting or threaten to present unfounded advantage.
criminal charges to obtain an improper advantage
in any case or proceeding. Two elements are indispensable before a lawyer
can be deemed to have violated this rule:
Based on this rule, the lawyer should, among 1. The filing or threat of filing a patently
other things: frivolous and meritless action or appeal;
1. Not offer in evidence any document which and
he knows is false; 2. The filing or threat of filing the action is
2. Not present any witness whom he know intended to gain improper advantage in
will perjure; any case or proceeding.
3. Only make such defenses which he
Unless the criminal complaint is patently frivolous
believes to be debatable under the law;
and obviously meant to secure an improper
4. Abstain from offensive personalities;
advantage, a lawyer who files such criminal
5. Not advance a fact prejudicial to the
complaint should not be automatically deemed to
honor or reputation of a party or witness
have violated Rule 19.01. Otherwise, lawyers who
unless required to serve justice;
have a valid cause for filing a criminal action may
6. Not state as fact what he merely expects
be compelled not to proceed because of fear of
to accomplish;
administrative sanctions. (Espina v. Chavez, A.C.
No. 7250, April 20, 2015)
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ii. Client’s fraud G.R. No. 128452, 1999). The instances

when these may be awarded are
Rule 15.07 - A lawyer shall impress upon his client enumerated in Article 2208 of the Civil
compliance with the laws and the principles of Code, and are payable not to the lawyer
fairness. but to the client, unless the client and his
lawyer have agreed that the award shall
Rule 19.02 - A lawyer who has received accrue to the lawyer as additional or part
information that his client has, in the course of the of compensation. (Tangga-an v.
representation, perpetrated a fraud upon a person Philippine Transmarine Carriers, Inc,
or tribunal, shall promptly call upon the client to G.R. No. 180636, March 13, 2013)
rectify the same, and failing which he shall
terminate the relationship with such client in Entitlement to attorney’s fees
accordance with the Rules of Court. The lawyer who has been engaged by a client is
the one entitled to have and recover no more than
iii. Duty not to abuse court processes a reasonable compensation for his services. (Rule
138, Sec. 24, ROC)
Rule 19.03 - A lawyer shall not allow his client to
dictate the procedure in handling the case. Requisites for right to accrue (RS):
1. Accrual of the lawyer’s right to attorney’s
Rule 12.03 - A lawyer shall not, after obtaining fees requires the existence of an
extensions of time to file pleadings, memoranda attorney-client Relationship (Phil. Ass’n of
or briefs, let the period lapse without submitting Free Labor Union v. Binalbagan Sugar
the same or offering an explanation for his failure Co., G.R. No. L-23959, November 29,
to do so. 1971)
2. The rendition by the lawyer of Services to
Rule 12.04 - A lawyer shall not unduly delay a the client (Fajardo vs. Court of Industrial
case, impede the execution of a judgment or Relations, G.R. No. L-19453-4, May 30,
misuse Court processes. 1967)
g. Attorney’s Fees Written agreements

General Rule: A written agreement is not
Right to attorney’s fees necessary to establish a client’s obligation to pay
A lawyer has the right to have and recover from attorney’s fees. (Dee v. CA, G.R. No. 77439,
his client a fair and reasonable compensation for August 24, 1989) The absence of an express
his services, except in cases where he has agreed undertaking on the client’s part to pay attorney’s
to render service gratuitously or has been fees will not defeat the recovery if the lawyer
appointed counsel de oficio. (Canon 20, Rule honestly and in good faith served and represented
2.04, CPR; Rule 138, Secs. 24 and 32, ROC) the interest of his client. (De Guzman v. Visayan
Rapid Transit Co., G.R. No. 46396, September 30,
Two concepts of attorney’s fees 1939)
Attorney’s Fees refer to: (OE)
1. In its ordinary concept, the reasonable The client’s obligation to pay attorney’s fees arises
compensation paid to a lawyer by his from the innominate contract of facias ut des (I do
client for the legal services the former and you give) which is based on the principle that
renders; compensation is paid for the cost no one shall unjustly enrich himself at the expense
and/or results of legal services per of another. (Corpus v. CA, G.R. No. L-40424, June
agreement or as may be assessed. 30, 1980)
2. In its extraordinary concept, attorney's
fees are deemed indemnity for damages Exception: A contingency fee arrangement
ordered by the court to be paid by the should always be in writing; otherwise, it is
losing party to the winning party, as a unenforceable.
penalty (Compania Maritima, Inc. v. CA,
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Who is liable for attorney’s fees? Contract for attorney’s fees; generally
General Rule: only the client who engaged the A contract of professional services may either be
services of counsel personally or through an oral or in writing. The fee stipulated may be
authorized agent is liable for the attorney’s fees. absolute or contingent; it may be a fixed
percentage of the amount recovered in the action.
Exception: in the event a person who accepts the The contract may call for a down payment of a fee
benefits of the legal representation impliedly per appearance, per piece of work, or on an hourly
agrees to pay the lawyer’s services for may not basis. It may also be a combination of the
unjustly enrich himself at the expense of the agreements.
lawyer.
Kinds of Retainer Arrangements
Liability of persons benefited by counsel’s (1) General Retainer or Retaining Fee
services The fee paid to a lawyer to secure his future
General Rule: A person who has no knowledge services as general counsel for any ordinary legal
of, or objected to, the lawyer’s representation may problems that may arise in the routine business of
not be held liable for attorney’s fees even though the client and referred to him for legal action. The
such representation redounded to his benefit. fee paid to remunerate him for being deprived, by
(Orosco v. Heirs of Hernandez, 1 Phil. 77, being retained by one party, of the opportunity of
rendering service to the other party.
December 2, 1901) The objection to the lawyer’s
appearance should, however, be raised before (2) Special Retainer
and not after beneficial services shall have been A fee for a specific case handled or special service
rendered by the lawyer, otherwise, the party who rendered by the lawyer for a client. When for every
benefited from the lawyer’s representation may be case there is a separate and independent contract
required to pay counsel fees. (Martinez v. Union for attorney’s fees, each fee is considered a
Maquinistas, Fogoneros y Motormen, G.R. No. L- special retainer. (Traders Royal Bank Employees
19455-56, January 30, 1967) Union-Independent v. NLRC, G.R. No. 120592,
March 14, 1997)
If the legal representation redounded to the
benefit of the party, the retention or acceptance of
the benefit cures the defect of lack of authority on
the part of the agent to retain the lawyer.
Exception: When a private lawyer is employed to

represent a government entity by an official who
has no authority in law to do so.
CONTINGENT FEE CHAMPERTOUS

ABSOLUTE FEE
CONTRACT CONTRACT
Lawyer’s Fixed fee for his efforts Usually a fixed percentage of Usually a fixed percentage of
fee regardless of the what may be recovered in the what may be recovered in the
outcome of the litigations action depends upon the action which depends upon
success of the litigation the success of the litigation
Who bears Client Client Lawyer

the
expenses
Legality Legal Legal Illegal
Requisites ______ Must be in writing ______

of Validity
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Absolute fee arrangement litigation. (Francisco v. Matias, G.R. No. 16349,

An absolute fee arrangement entitles a lawyer to January 31, 1964)
get paid for his efforts regardless of the outcome
of the litigations; he does not assume any risk or Even if the compensation of a counsel is
uncertainty that his compensation will not be paid. dependent only upon winning a case he himself
secured for his client, the subsequent withdrawal
Contingency fee arrangement of the case on the client’s own volition should
On the other hand, a lawyer whose fee is never completely deprive counsel of any
contingent assumes the risk of not getting paid for legitimate compensation for his professional
his services; he may not even get reimbursement services. (Gubat v. National Power Corporation,
for advances of litigation expenses if the client is G.R. No. 167415, February 26, 2010)
poor; a contract for a contingent fee is a contract
between a lawyer and his client in which the A lawyer may properly charge a higher fee for his
lawyer’s professional fee, usually a fixed services when the fee is contingent than when it
percentage of what may be recovered in the is absolute. (Francisco v. Matias, supra)
action, is made to depend upon the success of the
litigation. Champertous contracts
A champertous agreement is an agreement by a
In such contract, the lawyer gets paid for his lawyer to conduct the litigation on his own
services only if he wins the case for the client. If account, to pay the expenses thereof or to save
the client prevents the successful prosecution of his client therefrom and to receive, as his fee, a
the case or acts in bad faith, the lawyer will be portion of the proceeds of a judgment – it is
entitled to recover on a quantum meruit basis or obnoxious to the law. (Canillo v. Angeles, A.C.
the full amount stipulated in the valid written Nos. 9899, 9900, 9903-9905, 9901 & 9902,
agreement, respectively. (Aro v. Naňawa, G.R. September 4, 2018)
No. L-24163, April 28, 1969)
Canon 42 of the Canons of Professional Ethics
This type of contract is under the close forbids a lawyer from agreeing to pay or bear any
supervision and scrutiny of the court to protect of the expenses of litigation. This is to prevent a
clients from unjust charges. The court will reduce lawyer from acquiring an interest in the litigation
the amount of an unconscionable contingent fee and to avoid conflict of interest between him and
to a reasonable sum, even where the client his client.
manifests conformity thereto, because a lawyer
subjects his professional fees to judicial control To permit these arrangements is to enable the
when he takes his oath. (Sesbreno v. Court of lawyer to "acquire additional stake in the outcome
Appeals, G.R. No. 89252, May 24, 1993) of the action which might lead him to consider his
own recovery rather than that of his client or to
In the absence of any stipulation to the contrary, a accept a settlement which might take care of his
lawyer cannot charge his client a contingent fee or interest in the verdict to the sacrifice of that of his
a percentage of the amount recovered as his fees. client in violation of his duty of undivided fidelity to
Contingent fees depend upon an express his client's cause."
contract, without which the lawyer can only
recover on the basis of quantum meruit. (Corpus Thus, an agreement between a lawyer and his
v. Court of Appeals, G.R. No. L-40424, June 30, client that does not provide for reimbursement of
1980) litigation expenses paid by him is against public
policy, especially if the lawyer has agreed to carry
The fraud or suppression of facts may be on the on the action at his expense in consideration of
part of the lawyer, who takes advantage of his some bargain to have a part of the thing in dispute.
client’s ignorance (Jayme v. Bualan, G.R. No. Such agreement violates the fiduciary relationship
37386, September 19, 1933), or on the part of the between the lawyer and his client and renders the
client, who avoids paying his lawyer a legitimate lawyer liable for administrative sanction. (Bautista
fee by undervaluing the amount of his interests in v. Gonzales, A.M. No. 1625, February 12, 1990)
Page 61 of 223
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He may, however, in good faith, advance the any additional compensation, it would neither be
expenses as a matter of convenience but subject fair nor just to hold that he agreed to conduct such
to reimbursement. other cases gratuitously. (De los Santos v.
Palanca, G.R. No. 17815, August 31, 1963)
CHAMPERTOUS CONTINGENT FEE
CONTRACT CONTRACT Amount fixed in a valid contract
Generally speaking, the amount of attorney’s fees
Lawyer undertakes to Lawyer agrees to be due is that stipulated in the written retainer
bear all expenses for paid depending on the agreement which is conclusive as to the amount
the recovery of the success of his efforts, of the lawyer’s compensation. (Compania
things claimed by the not necessarily for the Matima, Inc. v. CA, G.R. No. 128452, November
client, when the client same money or 16, 1999)
agrees to pay a portion payment subject of the Once the lawyer has performed the task assigned
of the thing/s recovered case. to him in a valid written agreement, his
as compensation. compensation shall be determined on the basis of
what he and his client have agreed and not on
Validity of contract quantum meruit basis. (Francisco v. Matias,
The general rules governing the validity of an supra)
ordinary contract apply to an agreement for
professional services. It becomes the law Unless both the attorney and the client expressly
between the parties provided the stipulations are or impliedly set aside the contract and submit the
not contrary to law, good morals, good customs, question of reasonableness of the amount for the
and public policy or public order. (Reparations court to resolve on a quantum meruit basis,
Commission v, Visayan Packing Corp., G.R. No. neither may disregard the amount fixed in the
L-30712, February 6, 1991) contract. (Martinez v. Banogan, supra)
As with any other contract, a retainer whose This applies whether the fee contracted for is
cause, object or purpose is contrary to law, public absolute or contingent upon the outcome of the
policy, morals and good customs is null and void. litigation. (Quitoriano v. Centeno, G.R. No. L-
(Civil Code, art. 1409; Omico Mining & Industrial 40309, March 10, 1939)
Corp. v. Vallejos, G.R. No. L-38974, March 25,
1975) Validity of contingent fee must be in writing
A contingent fee must be in writing, and if not, it is
Construction of professional contract unenforceable. In this jurisdiction, a contingent fee
General Rule: Adopt such construction as would is not prohibited by law and is impliedly
be more favorable to the client even if it would sanctioned. It is generally valid and binding,
work prejudice to the lawyer. (De los Santos v. unless it is obtained by fraud, imposition or
Palanca, G.R. No. 17815, August 31, 1963) suppression of facts, or the fee is so clearly
excessive as to amount to an extortion. (Tanhueco
If the ambiguity in the contract was caused by the v. De Dumo, A.M. No. 1437, April 25, 1989)
lawyer, the obscurity will be resolved against him.
(Martinez v. Banogan, G.R. No L-15698, April 30, Absence of written contract
1963) Quantum meruit means “as much as the lawyer
deserves” or “such amount which his services
Thus, a lawyer who prepares a contract of merit.” It is used as basis for determining an
professional services is presumed to have sized attorney’s professional fees in the absence of an
up the entire situation before entering into the express agreement. The recovery of attorney’s
agreement. (Martinez v. Banogan, supra) fees on the basis of quantum meruit is a device
that prevents an unscrupulous client from running
Exception: Unless there is evidence that a away with the fruits of the legal services of counsel
lawyer, in entering into contract for a fixed fee, has without paying for it and also avoids unjust
agreed to handle other cases for the client without enrichment on the part of the attorney himself.
Page 62 of 223
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(Vinson B. Pineda v. Atty. Clodualdo de Jesus, Reasonableness of fees

G.R. No. 155244, August 23, 2006) Canon 20 - A lawyer shall charge only fair and
reasonable fees.
An attorney must show that he is entitled to The compensation of a lawyer should be a mere
reasonable compensation for the effort in incident of the practice of law as the practice of
pursuing the client’s cause, taking into account law is a profession and not a business. (Canon 12,
certain factors in fixing the amount of legal fees. CPE)
(The Law Firm of Laguesma Magsalin Consulta &
Gastardo vs. CA, G.R. No. 185544, January 13, R.A. No. 10706 - Seafarers Protection Act
2015) (2015), Prohibition on ambulance chasing
Section 3 - It shall be unlawful for any person to
Recovery of attorney’s fees in the basis of engage in ambulance chasing or the act of
quantum meruit is authorized: soliciting, personally or through an agent, from
seafarers, or their heirs, the pursuit of any claim
1. When there is no express Contract for
against them employers for the purpose of
payment of attorney’s fees; recovery of monetary claim or benefit, including
2. When although there is a formal contact legal interest, arising from accident, illness or
for attorney’s fee, the fees stipulated are death, in exchange of an amount or fee which
found Unconscionable or unreasonable shall be retained or deducted from the monetary
by the court; claim or benefit granted to or awarded to the
3. When the lawyer and the client disregard seafarers or their heirs.
the contract for attorney’s fees (Rilloraza,
Africa, De Ocampo and Africa v. Eastern Rule 20.01 - A lawyer shall be guided by the
Telecommunications Phil. Inc., G.R. No. following factors in determining his fees:
104600, July 2, 1999); 1. The time spent and the extent of the
4. When the client dismissed his counsel services rendered or required;
before the termination of the case; 2. The novelty and difficulty of the questions
5. When the counsel withdrew therefrom for involved;
valid reasons, as when the lawyer, for 3. The importance of the subject matter;
justifiable cause, was not able to finish the 4. The skill demanded;
case to its conclusion; or, 5. The probability of losing other
6. When the contract for attorney’s fees is employment as a result of acceptance of
void due to purely formal defects of the proffered case;
execution. 6. The customary charges for similar
services and the schedule of fees of the
Quantum meruit not available when IBP chapter to which he belongs;
contracting without authority to do so 7. The amount involved in the controversy
In the case of The Law Firm of Laguesma and the benefits resulting to the client
Magsalin Consulta & Gastardo: the Board of form the service;
Directors, acting on behalf of Clark Development 8. The contingency or certainty of
Corporation, contracted the services of (the law compensation;
firm), without the necessary prior approvals 9. The character of the employment,
required by the rules and regulations for the hiring whether occasional or established; and
of private counsel. Their actions were clearly 10. The professional standing of the lawyer.
unauthorized. It was, thus, erroneous for
Government Corporate Counsel Devanadera to The foregoing factors, not one of which is
bind Clark Development Corporation, a controlling, are mere guides in ascertaining the
government entity, to pay petitioner on a quantum real value of the lawyer’s services. The
meruit basis for legal services, which were neither determination of the attorney’s fees involves
approved nor authorized by the government. (The questions of fact. This requires that there be
Law Firm of Laguesma Magsalin Consulta & evidence to prove the amount of fees, taking into
Gastardo vs. CA, supra) account the facts determinative thereof.
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(Rillaroza, Africa, De Ocampo and Africa v. Difficulty of issues involved

Eastern Telecommunications Phil., Inc., supra) In fixing the lawyer’s fees, the court takes into
account the novelty or difficulty of the questions
Nature of services involved in the action as well as the demands on
The value of the lawyer’s services is in large his part on those questions. (Sison v. Suntay, G.R.
measure determined by the nature, quality and No. L-10000, December 28, 1957)
quantity of such services. (Zulueta v. Pan
American World Airways, G.R. No. L-28589,
January 8, 1973) The lawyer’s service should not “Test case”
be fragmented and each fragment separately Where several actions or possible disputes, as in
valued. Rather the importance and value of his cases concerning insurance, tax, levy or labor
services should be measured and considered as involve an identical question and one case is
a whole. litigated as a test case, the value in controversy in
all the actions should bear its appropriate
proportion to the amount due as fees to the lawyer
Skill and standing of the attorney
who prosecuted the test case. (Martinez v. Union
The lawyer’s competence and ability must be de Maquinistas, Fogoneros y Motormen, G.R. No.
judged by the character and quality of his work L-19455-56, January 30, 1967)
and services not only in the field of law but in other
fields of public and private endeavors as well. Results secured
(Ingersoll v. Malabon Sugar Co., G.R. No. 27770, What the lawyer secures for his client represents
December 31, 1927) The skill and standing of the a real benefit to the client. In fixing what a lawyer
lawyer must be duly proved. is reasonably entitled as his compensation, the
result secured by the lawyer is given much weight.
Value of the interest involved (Francisco v. Matias, supra)
Generally speaking, the bigger the size or value of
the interest or property involved in litigation the The fact that a lawyer, in spite of his efforts, failed
higher the attorney’s fee is. This is because the to secure for his client what he desires does not,
higher the stakes, the more the case is hotly however, deprive him of the right to recover
litigated and the greater the efforts the lawyer compensation for his services except when the
exerts. (Francisco v. Matias, supra) fee agreed upon is contingent.
The value of the interest in litigation as a measure Capacity of clients to pay

of the lawyer’s compensation depends, in the last The financial capability of a client to pay may also
analysis, upon the extent of the special and be considered in determining the amount of fees
additional services and efforts demanded of the not to enhance the same above what is
case. Even if the interest involved is of reasonable but to ascertain whether or not the
considerable value but calls for no extra efforts, client is able to pay a fair and just compensation
for the services rendered.
there will be no justification for awarding a high
compensation for the lawyer’s services. Statutory limitation as to fees
(Mambulao Lumber Co. v. PNB, G.R. No. L- The legislature, in the exercise of its police power,
22973, January 30, 1968) may by law prescribe the limit of attorney’s fees
that a lawyer may charge his client. (R.A. No. 65,
Loss of opportunity for other employment Sec. 15; Rule 141, ROC)
While such work may not call for extraordinary
skill, it is the loss of opportunity for other gainful Such law should be interpreted strictly and may
services for his attendance to those small details not be extended beyond what it expressly
that warrant payment of higher compensation comprehends. (Phil. National Bank v. De
than may ordinarily be granted. (Bernardino Borromeo, G.R. No. L-9979, March 28, 1958)
Guerrero & Associates v. Tan, G.R. Nos. L-20824
A lawyer who collects more than what the law
& L-22218, June 24, 1965) permits may be criminally held liable. (Narido v.
Linsangan, A.M. No. 944, July 25, 1974)
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Right to attorney’s fees court may reasonably fix, which shall not be less
Non-lawyer not entitled to fees than P30.00 in any case nor more than P50.00 in
A non-lawyer cannot recover attorney’s fees even light felonies; P100.00 in less grave felonies;
if there is a law authorizing him to represent a P200.00 in grave felonies other than capital
litigant in court. (Phil. Ass’n. of Free Labor Union offenses; and P500.00 in capital offenses. (Rule
v. Binalbagan Isabela Sugar Co., supra) An 138, Sec. 32, ROC) The compensation for
attorney-client relationship is a precondition to the counsel de oficio is not, however, intended as a
recovery of attorney’s fees. source of regular income. (People v. Daeng, G.R.
No. L-34091, January 30, 1973)
Fees in cases of referral
Rule 20.02 - A lawyer shall, in cases of referral, Attorney’s conduct affecting right to fees
with the consent of the client, be entitled to a A lawyer’s right to recover reasonable
division of fees in proportion to work performed compensation may be affected by misconduct on
and responsibility assumed. his part, such as carelessness or negligence in
the discharge of his duties (Wolfson v. Anderson,
It is improper for a lawyer to receive compensation G.R. No. L-24510, 1926), misrepresentation, or
for merely recommending another lawyer to his abuse of client’s confidence or unfaithfulness in
client for if such practice is permitted, it would tend representing his client’s cause. (Medina v.
to germinate the evils of commercialism and to Bautista, A.C. No. 190, September 26, 1964)
destroy the proper appreciation of professional
responsibility. (A.B.A. Op. 97, 1933) Adverse result of the litigation does not in itself
It is only when, in addition to the referral, he deprive a lawyer of the right to claim a reasonable
performs legal services or assumes responsibility compensation for his services, unless such result
in the case that he will be entitled to a fee. is (MC):
(Comments of IBP Committee that drafted the 1. Due to the lawyer’s Misconduct
Code, p. 111) 2. The fee stipulated is Contingent upon
the favorable outcome of the action
Restrictions on some lawyers to charge fees
A lawyer who is absolutely disqualified from
Withdrawal of counsel from the case
engaging in the private practice of law by reason
A lawyer’s unceremonious withdrawal from or
of his government position may neither practice
abandonment of the action, which prejudices the
law nor, should he do so illegally, charge
client constitutes a breach of his implied
attorney’s fees for such services. The prohibition
undertaking to prosecute or defend the client’s
does not apply to the collection of attorney’s fees
cause until the termination of the litigation. His
for services already performed before the lawyer
right to compensation for services is negated.
qualified for the public office even though payment
for such service is made after the lawyer has The withdrawal of counsel who has so far done
qualified for the public office. (Omico Mining & his work faithfully in accordance with the
Industrial Corp. v. Vallejos, supra) prescribed procedure does not affect his right to
fees for services rendered in the case. If the
An executor or administrator is prohibited from withdrawal is with the client’s written conformity,
charging the estate under his administration of his and in the absence of evidence to the contrary, it
professional fees for services rendered by him as is presumed that he and his client have mutually
a lawyer. (Rule 85, Sec. 7, ROC) agreed to terminate his services and to
compensate him for such services up to the date
Right of counsel de oficio to fees their relationship is terminated. The lawyer should
In the absence of a law allowing compensation, refund to his client such part of the retainer as has
not been clearly earned. If the withdrawal is
the lawyer designated as counsel de oficio cannot
without the client’s written consent but for a
charge the government nor the indigent litigant for justifiable cause made after due notice to the
his professional services. The court may, in its client, the lawyer may recover the reasonable
discretion, order an attorney employed as counsel worth of his services up to the date of his
de oficio to be compensated in such sum as the withdrawal, unless the agreed fee is contingent
Page 65 of 223
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and the contingency has not arisen. (Palanca v. Client dismissal of actions
Pecson, G.R. No. L-6334, February 25, 1954) A client may dismiss his action even without or
against the consent of his counsel. If the dismissal
Representation of adverse interests of the action is in good faith, and is based on an
In the absence of the client’s consent to the dual honest belief that the client has no valid cause, the
representation made after full disclosure of the lawyer may recover only the reasonable worth of
facts (Canons 6 and 37, Canons of Professional his services, except when the fee is contingent in
Ethics), a lawyer may not receive compensation which case, there will be no recovery.
from both parties to a controversy. (Medina v.
Bautista, supra) If the dismissal is in bad faith and is intended to
defraud the lawyer of his compensation, the
The lawyer’s acceptance of employment from a lawyer will be entitled to the full amount stipulated
new client against a former client in a matter, in a valid written contract, or in the absence of
which is related to the former controversy, such contract, a reasonable value of his services
precludes recovery of fees from the former client based on quantum meruit.
only if the latter objected to the representation.
(Deupree v. Garnett, 1954 OK 110 (Okla. 1954); Client’s compromise of action
NOTE: There is no equivalent Philippine A client cannot, by entering into a compromise
jurisprudence on the matter). The new client may agreement, deprive his lawyer of his fees in the
not defeat the lawyer’s right to fees in the absence absence of waiver on the part of the lawyer.
of concealment and prejudice by reason of the (National Power Corporation v. NPC Employees
lawyer’s previous relationship with the adverse and Workers’ Union, G.R. No. L-26169, March 1,
party. 1979)
Lawyer’s right unaffected by client’s conduct If the compromise is with the consent of the
A client cannot, in the absence of the lawyer’s lawyer, he will be entitled to only a reasonable
fault, consent or waiver, deprive the lawyer of his value of his services fixed on the basis of quantum
just fees already earned. meruit. (Lutero v. Esler, G.R. No. L-29268,
October 20, 1928)
Attorney’s discharge by client
The discharge of a lawyer by his client without a If there is bad faith, the lawyer will be entitled to
valid cause before the conclusion of the litigation recover the full amount of fees stipulated in a valid
does not negate the lawyer’s right to recover written contract or, in the absence of such
payment for his services. If the contract between contract, the reasonable worth of his services.
a client and his lawyer is in writing and the fee (Recto v. Harden, G.R. No. L-6897, November 29,
stipulated is absolute and reasonable, a lawyer 1956)
who is discharged without justifiable cause will be
entitled to the full amount thereof. (Palanca v. Nullity of contract: can a lawyer recover his
Pecson, G.R. No. L-6334, February 25, 1954) fees if the professional contract is null and
void?
The lawyer should question his discharge to It depends.
entitle him to recover under the contract, 1. If the nullity results from the illegality of
otherwise he will be allowed recovery only on a the object sought to be achieved by the
quantum meruit basis. (Flores v. Phil. National performance of the professional services,
Bank, G.R. No. L-18537, June 30, 1966) no. It precludes a lawyer from recovering
his fees for such services. (Baca v.
If there’s no express written agreement as to fees, Padilla, 1920)
the lawyer may only be entitled to recover the 2. If the nullity of the contract is due to want
reasonable value of his services up to the date of of authority on the part of one of the
his dismissal. contracting parties or to some irregularity
in its formal execution or to the
reasonable amount of fees fixed therein,
Page 66 of 223
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yes. The lawyer will be entitled to recover forwarding allowance or other compensation
what is justly due to him for his services whatsoever related to his professional
on the basis of quantum meruit. employment from anyone other than the client.
The services, in that case, are legitimate, and A lawyer should receive compensation for his
while the contract will not be enforced because of services in a case only from his client and not from
its formal defects, the rule against unjust any other person. This is to prevent a situation in
enrichment will entitle the lawyer to recover the which the receipt by him of a rebate or
reasonable worth of his services. (Magsumbol v. commission from another in connection with the
Pagbilao, G.R. No. L-6915, September 23, 1957) client’s cause may interfere with the full discharge
of his duty to his client. (A.B.A. Op. 78, August 27,
Effect of unconscionability of amount 1932)
Rule 138, Sec. 24 of the Rules of Court provides
that an “attorney shall be entitled to have and A corollary of the foregoing rule is the principle that
recover from his client no more than a reasonable whatever a lawyer receives from the opposite
compensation for his services” and that a “written party in the service of his client belongs to his
contract for services shall control the amount to be client.
paid therefore unless found by the court to be
unconscionable or unreasonable.” Payment and recovery of attorney’s fees from
client
Court may modify or disregard a contract
when fee is unconscionable or unreasonable Right to protection of counsel fee
The court may properly modify or disregard a A lawyer is as much entitled to judicial protection
contract of professional services whenever the fee against injustice, imposition or fraud on the part of
therein fixed is unconscionable or unreasonable. his client as the client against abuse on the part of
(Mambulao Lumber Co. v. Phil. National Bank, his counsel. The court must see to it that a lawyer
supra) is paid his just fees. (Albano v. Coloma, A.C. No.
528, October 11, 1967)
When the amount of fees stipulated in the
professional contract is unconscionable, the The proper time for a lawyer to deal with the issue
contract is rendered invalid. The fact that the client of his attorney’s fees is at the commencement of
knowingly entered into such a contract does not the lawyer-client relationship. (Fajardo v.
estop him from questioning the validity of the Bugaring, A.C. No. 5113, October 7, 2004)
contract, because estoppel does not validate a
contract that is prohibited by law or is against A lawyer shall avoid controversies with clients
public policy. (Gorospe v. Gochangco, G.R. No. L- concerning his fees
12735, October 30, 1959)
Rule 20.04 - A lawyer shall avoid controversies
Public policy demands that the court disregard the with clients concerning his compensation and
contract and protect the client from unreasonable shall resort to judicial action only to prevent
exaction. (Felices v. Madrilejos, G.R. No. 27124, imposition, injustice of fraud.
October 10, 1927; Jayme v. Bualan, G.R. No.
37386, supra) However, the unconscionability of Suits to collect fees should be avoided, and only
the amount will not preclude recovery; it will only where the circumstances imperatively require
justify the court to fix the reasonable worth of the should a lawyer resort to lawsuit to enforce
lawyer’s services based on quantum meruit. payment of his fees. (Comments of the IBP
Committee that drafted the Code, P. 112)
A lawyer shall not receive fees from another
without client’s consent. Lawsuits with clients should be resorted to only to
Rule 20.03 - A lawyer shall not, without the full prevent injustice, imposition, or fraud. When the
knowledge and consent of the client, accept any client has already paid more than one half of the
fee, reward, costs, commission, interest, rebate or lawyer’s fees, there is no injustice, imposition, or
Page 67 of 223
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fraud to warrant resort to judicial action for Independent civil action

collection of the remainder. Although every lawyer A lawyer may take judicial action to protect his
must be paid what is due to him, he must never right to fees either in the main action whether his
resort to judicial action to recover his fees, in a services were rendered or in an independent civil
manner that detracts from the dignity of the suit against his client. (Palanca v. Pecson, supra)
profession. (Cueto v. Jimenez, A.C. No. 5798,
January 20, 2005) A lawyer can enforce his right to a reasonable
compensation for services rendered in an
Conflict of interests between a client and his independent civil action in cases where:
lawyer as to the matter of fees 1. The court trying the main action in which
There is an irreconcilable conflict of interests the lawyer’s services were rendered
between a client and his lawyer as to the matter of dismissed the client’s action or awarded
fees. (Diaz v. Kapunan, 45 Phil. 848, December 8, nothing to the client;
1923). That conflict should not interfere with the 2. The court that decided the main litigation
discharge by the lawyer of his duty of undivided had no jurisdiction over the action or had
fidelity to his client’s cause (Politrade Corp. v. already lost it;
Blanco, G.R. No. L-27033, October 31, 1969), nor 3. The person liable for attorney’s fees is not
should it diminish his zeal in the prosecution or a party in the main action;
defense of the client’s interests. (Jesus v. Tan, 4. The court reserved to the lawyer the right
G.R. No. L-9473, November 28, 1959) But when to file a separate civil suit for the recovery
that conflict has reached a point that it not only of his fees;
becomes the lawyer’s duty to withdraw from the 5. The services for which the lawyer seeks
action but to assert his right to compensation payment were rendered in connection
because of the intolerable attitude assumed by his with a matter not in litigation; (Otto Gmur,
client, he may in order to prevent injustice, fraud, Inc. v. Revilla, G.R. No. 34782, February
or imposition rightfully resort to lawsuit to recover 13, 1931) and,
his fees. (Canon 14, CPE) He may take judicial 6. The court rendered judgment in the
action to protect his right to fees either in the main without requiring payment for attorney’s
action where his services were rendered or in an fees and the judgment has become final.
independent civil suit against his client. (Palanca (Lizardo Sr. v. Montano, G.R. No. 138882
v. Pecson, G.R. No. L-6334 and L-6346, February May 12, 2000)
25, 1954)
Court jurisdiction
Lawyer’s application to pay his fees The court having jurisdiction to try the main action
A lawyer may apply so much of the client’s funds in which the lawyer rendered services also has
that comes into his possession as may be jurisdiction to pass upon the question of fees even
necessary to satisfy his fees and disbursements, though the total sum thereof is less than the
giving notice promptly thereafter to his client. jurisdictional amount cognizable by the court
(Canon 16, Rule 16.03, CPR) He should not (Palanca v. Pecson, supra; Tolentino v. Escalona,
arbitrarily apply the funds in his possession to the G.R. No. L-26556, January 24, 1969), and
payment of his fees for it would violate of the trust continues to have that jurisdiction until the
relationship between the attorney and his client, proceeds of the judgment shall have been
and would open the door to possible abuse by delivered to the client. (Abedin v. Natividad, G.R.
those who are less than mindful of this fiduciary No. 48491, October 28, 1942)
duty. The lawyer should, instead, file the
necessary action in court to fix and recover the An independent civil action for recovery of
amount of his fees. (J.K. Mercado and Sons attorney’s fees is subject to the same jurisdictional
Agricultural Enterprises, Inc. v. De Vera, A.C. No. requirement as any other ordinary civil suit. But if
3066, October 26, 1999) a client not only fails to object to the exercises of
the court of the jurisdiction to entertain an action
for recovery of attorney’s fees but also asks some
affirmative reliefs he may be estopped, on appeal,
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to assail the propriety if the action taken by the trial liens – retaining and charging – an effective hold
court in fixing and allowing counsel fees. on his client to assure payment of his fees. (Ampil
(Tolentino v. Escalona, supra) v. Agrava, G.R. No. L-27394, July 30, 1970)
Necessity of hearing The law creates in favor of the lawyer a lien not
The persons who are entitled to or must pay only upon the funds, documents and papers of his
attorney’s fees have the right to be heard upon the client which have lawfully come into his
question of their propriety or amount. The persons possession until what is due him has been paid,
entitled to be heard are: the lawyer himself, the but also a lien upon all judgments for the payment
client, the client’s assignees of the interest in of money and executions issued in pursuance of
litigation (Metropolitan Bank v. Court of Appeals, such judgments rendered in the case wherein his
G.R. No. 86100-03, January 23, 1990), and the services have been retained by the client. (Rule
stockholders in a derivative suit concerning 138, Secs. 26 and 37, ROC; Rule 16.03, CPR)
attorney’s fees sought to be charged against
corporate funds. (Occeňa v. Marquez, G.R. No. L- Retaining lien
27396, September 30, 1974) A retaining lien is a general lien for the balance of
the account due to the attorney from his client for
Until there shall have been a hearing at which all services rendered in all matters which he may
parties concerned are given the opportunity to be have handled for the client, regardless of their
heard, the trial court may not without abusing its outcome.
discretion, authorize the payment of counsel fees, Nature and essence – passive right to retain
especially where the fees claimed are of A retaining lien is a passive right and cannot be
considerable amount. (Meralco Workers’ Union v. actively enforced. It amounts to a mere right to
Gaerlan, supra) retain the funds, documents and papers as
against the client until the attorney is fully paid his
Defenses fees.
An action for recovery of attorney’s fees is subject The inconvenience that may be caused to the
to the usual defenses applicable to an ordinary client as a result of the retaining lien exercised by
civil suit, such as want of jurisdiction, res judicata, the attorney is the reason and essence of the lien.
prescription of action, nullity of the contract for (Rustia v. Abeto, G.R. No. L-47914, April 30,
professional services, negligence in the discharge 1941)
of the lawyer’s duties, lack of attorney-client
relationship, the amount claimed is Such inconvenience or disadvantage may induce
unconscionable. the client to pay the lawyer his fees and
disbursements. (Ampil v. Agrava, supra)
Execution
A final award of the attorney’s fees may be
enforced by execution. The award may be
enforced against any property of the client,
including the proceeds of the judgment secured
for the client in the main action. (Albano v. Ramos,
supra; Harden v. Harden, G.R. No. L-22174, July
21, 1967)
Attorney’s Liens
In General
Lawyers are required at all times to exert utmost
zeal and untainted fidelity in upholding his client’s
cause and subject to appropriate disciplinary
action should he fail to live up to such exacting
standard, the lawyer in return is given through his
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RETAINING LIEN CHARGING LIEN
Definition A general lien for the balance of the An equitable right to have the fees and lawful
account due to the attorney’s form his disbursement due a lawyer for his services in a
client to for services rendered in all suit secured to him out of the judgement for the
matters which he may have handled for payment of money and executions issued in
the client, regardless of their outcome pursuance thereof in the particular suit.
Subject The right of the attorney to retain the The right which the attorney has upon all
funds, documents and papers of his judgments for the payment of money, and
client which have lawfully come into his executions issued in pursuance of said judgments
possession which he has secured in litigation of his clients.
Purpose To apply such funds to the satisfaction To make of record his claim in order that it may
thereof until his lawful fees and be considered in the execution of the judgment
disbursements have been paid that may be rendered in the case.
Requisites 1. An attorney-client relationship 1. There must be an attorney client

for Validity 2. Lawful possession by the relationship
lawyer of the client’s funds, 2. The attorney has rendered service
documents, and papers in his 3. A money judgement favorable to the
professional capacity; if the accused has been secured in the action
engaged has ceased, if the 4. The attorney has a claim for attorney’s
lawyer was terminated, the fees or advances
lawyer is duty bound to account 5. A statement of his claim has been duly
for all the money and properties recorded in the case with notice thereof
of the client in his possession served upon the client and the adverse
3. Unsatisfied claims for attorney’s party.
fees or disbursement. (Matute
v. Matute G.R. L-27832, May
28, 2012)
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Property to which lien attaches require the surrender thereof upon the client’s
The general, possessory or retaining lien of an posting of an adequate bond or security to
attorney attaches to all property, papers, books, guarantee payment of the lawyer’s fees. (Rustia v.
documents or securities of the client that lawfully Abeto, supra)
come to the lawyer professionally or in the course
of his professional employment, not necessarily in Extinguishment of retaining lien
connection with a particular case but any case or It expires when possession lawfully ends, as when
matter handled for the client. It also attaches to the lawyer voluntarily parts with the funds,
the client’s money which comes into his documents and papers of his client or offers them
possession by way of a writ of execution ordered in evidence in court. (Villanueva v. Querubin, G.R.
by the court. It extends to funds collected by the No. L-26137, September 23, 1968)
attorney for his client in the course of his
employment, whether or not upon a judgment or If the papers or documents have been improperly
award. (De Jesus-Alano v. Tan, G.R. No. L-9473, or illegally taken from the custody of the attorney,
November 28, 1959) his lien is not lost thereby, unless by his act or
omission he waives his right thereto. Mandamus
However, the retaining lien does not attach to will lie to restore possession of the documents
funds, documents and papers which come into the unlawfully taken from him. (Rustia v. Abeto, supra)
lawyer’s possession in some other capacity, such Satisfaction of lien
as an agent of the client’s spouse (Sarmiento v. Since the attorney’s general or retaining lien is
Montagne, G.R. No. 1110, April 22, 1904), or as a only a mere passive right to enforce collection of
mortgagee or trustee. It also does not attach to his fees and disbursements, he still has to file the
documents introduced as exhibits in court, they necessary action to recover what is due him from
being subject to the court’s custody over which it his client. If what the lawyer retains in the exercise
exercises control. (Villanueva v. Querubin, G.R. of his lien refers to funds or money of the client
No. L-26137, September 23, 1968) that lawfully comes into his possession and the
client does not dispute his claim for attorney’s fees
An attorney may lawfully enforce his retaining lien and the amount thereof, he may lawfully apply the
only against the funds, documents and papers of client’s funds in satisfaction of his claim for
his client and not against those belonging to third attorney’s fees and disbursements. (De Jesus-
persons or to the client’s adversary. (Ampil v. Alano v. Tan, G.R. No. L-9473, November 28,
Agrava, supra) 1959)
When lien attaches All that is required is that the lawyer provide his
The retaining lien attaches from the moment the client with an accounting, showing the amount
attorney lawfully obtains and retains possession deducted in payment of his claim and remitting the
of the funds, documents and papers of the client balance, if any, to the client. (Cf. Teodoro v. Javier,
until the client pays him his fees and A.C. No. 778, August 14, 1936)
disbursements. (Rustia v. Abeto, supra) The
lawyer’s position is similar to that of a creditor who However, if he makes the application without his
holds an attachment lien over the property and the right to or the amount of his fees first determined
client-debtor must discharge the lien before he by the court or without the client’s consent, he may
can dispose of the property to third persons. be liable for misappropriation of the client’s funds.
(Ampil v. Agrava, supra) (In re Booram, 39 Phil. 247, December 13, 1918)
Bond for return of documents Charging lien

The attorney’s retaining lien, once it has attached, It is a special lien imposed upon all judgments for
is incontestable and the court may not compel him the payment of money, and executions issued
to surrender them without prior proof that his fees which he (the attorney) has secured in a litigation
and disbursements have been duly satisfied.
(Matute v. Matute, supra); However, the court may
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of his client." (Bacolod Murcia Milling Co. v.

Henares, G.R. No. L-13505, March 30, 1960) Further, registration and enforcement of a lien are
different. Registration merely determines birth of
It is based on the natural equity that a client should a lien. The lawyer does not need to pay docket
not be allowed to appropriate the whole of a fees. However, a motion for enforcement is in the
judgment in his favor without paying the services nature of an action to collect fees against the
of his counsel in obtaining or helping obtain such clients. As in every action for a sum of money, the
judgment. (Bacolod Murcia Milling Co. v. Henares, attorney-movant must first pay prescribed docket
supra) fees before the court can acquire jurisdiction to
order enforcement of the lien. (Navarez v. Atty.
It is a device that prevents clients from receiving Abrogar III, G.R. No. 191641, September 2, 2015)
the fruits of recoveries without paying for the
valuable services by which the recoveries were An attorney's lien can only be enforced after a final
obtained. (Bacolod Murcia Milling Co. v. Henares, money judgment has been rendered in favor of
supra) the client. The lien only attaches on the money
judgment due to the client and is contingent on
This presupposes that the attorney has received final determination of the main case. Until the
a favorable money judgment for his client. It is judgment is final and executory, enforcement of
limited to only money judgments and not to any an attorney's lien is premature. (Navarez v. Atty.
other kinds of judgment, such as judgment for Abrogar III, supra)
annulment of contract or for delivery of real
property. (Metropolitan Bank & Trust Co. v Court Record and notice of lien
of Appeals, G.R. No. 86100-03, January 23, 1990) The attorney’s charging lien takes effect from and
Where the services of counsel were terminated after the time the attorney has caused a notice of
and the case was thereafter amicably settled, it his lien to be duly entered in the record of the
cannot be said that he secured a favorable case. (Macondray & Co. v. Jose, G.R. No. L-
judgment for his client and was therefore entitled 44671, November 26, 1938) The record, to be
to a charging lien. valid, should be effected while the court has
jurisdiction over the case and before the full
It is enough that the lawyer had rendered some satisfaction of the judgment. (G.A. Machineries,
service at any stage of the proceeding, not Inc. v. Court of Appeals, G.R. No.L-42768,
necessarily the one who concluded the action, to September 30, 1977) Compliance of the
be entitled to a charging lien recorded in the case requirement of notice is necessary to make the
to secure payment of a reasonable value of his lien effective (Caina v. Victoriano, G.R. No. L-
services. 12905, February 26, 1959) and to confer
jurisdiction upon the court to determine the lien.
Requirements for an enforceable attorney's (Bacolod Murcia Milling Co. v. Henares, supra)
lien
1. Statement of claim made on record of the A copy of the attorney’s claim is also served upon
court rendering such judgment or issuing the adverse party or judgment debtor before the
such execution; and latter has satisfied the judgment in order that that
2. Written notice of the same to be delivered charging lien, once duly recorded, will bind him.
to his client and to the adverse party. (Calalang v. De Borja, G.R. No. L-27771, August
29, 1975)
Mere filing of statement does not legally
determine the amount of the claim. Both the In the absence of such notice of the lien, the
attorney and the client must have the right to be judgment debtor is not bound to preserve the
heard and to present evidence in support of their attorney’s fees of the lawyer for the judgment
claims. A full trial is necessary before a lien is creditor nor is he required to take cognizance of
registered. (Navarez v. Atty. Abrogar III, G.R. No. the fact that the lawyer will claim the benefit of the
191641, September 2, 2015)
Page 72 of 223
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lien. (Menzi & Co. v. Bastida, G.R. No. L-42278, Motion for Recording of Attorney’s Charging Lien,
March 25, 1936) the Supreme Court held that it was proper for the
attorney to intervene in a case to protect his rights
In the absence of valid written contract fixing the concerning the payment of his compensation.
amount of professional fees, the filing of a According to the discretion of the court, the
charging lien for a reasonable value of legal attorney shall have a lien upon all judgments for
services does not by itself legally ascertain and the payment of money rendered in a case in which
determine the amount of the lien, especially when his services have been retained by the client. An
the amount is contested. In all events, the exact attorney is entitled to be paid reasonable
amount of attorney’s fees should be determined compensation for his services. (Baltazar v. Bañez,
before the lien can be enforced. (Bacolod Murcia A.C. No. 9091, December 11, 2013)
Milling Co. v. Henares, supra)
Extinguishment
To what charging lien attaches A charging lien is extinguished when the client
Once duly recorded, the charging lien attaches to loses the action as the lien may only be enforced
the judgment for the payment of money and the against a judgment awarded in favor of the client,
executions issued in pursuance of such judgment. the proceeds thereof or the execution thereon.
The charging lien does not attach to property or (Morente v. Firmalino. G.R. No. L-47262,
land in litigation. (Metropolitan Bank & Trust Co. v December 9, 1940)
Court of Appeals, supra) The lien is only restricted
to amounts awarded to the client by final judgment Assignment of charging lien
and does not comprise sums of money which, The generally accepted rule is that an attorney’s
according to the same judgment, must be applied charging lien may be assigned or transferred
to satisfy a legitimate debt of the client. (De la without the preference being extinguished except
Peňa v. Hidalgo, G.R. No. L-6626, October 6, when the assignment carries with it a breach of
1911) the attorney’s duty to preserve his client’s
confidence inviolate. The assignee steps into the
Effects of charging lien shoes of the lawyer and enjoys all the rights which
The lien gives the lawyer the right to collect, in the latter has in the charging lien. (Menzi & Co. v.
payment of his professional fees and Bastida, G.R. No. L-42278, March 25, 1936)
disbursements, a certain amount out of the
judgment or award rendered in favor of his client. Satisfaction of judgment
(Morente v. Formalino, G.R. No. L-47262, The satisfaction of a judgment in favor of the client
December 9, 1940) The client who receives the does not by itself extinguish the attorney’s
proceeds of the judgment hold such proceeds in charging lien. The satisfaction of judgment may
trust for the lawyer who is, to the extent of his lien, extinguish the lien only when there has been a
regarded as an equitable assignee thereof. A waiver of the right thereto either by the attorney’s
lawyer’s duly recorded charging lien enjoys active conduct of by his passive omission.
preference of credit over that of a creditor who
subsequently recorded it. (Bucoy v. Mcfie, G.R. Enforcement
No. 43850, April 3, 1939) The charging lien may be enforced in the court,
upon proper motion filed before judgment in favor
Likewise, the lien survives the death of the client of the client is by execution. (Dahlke v. Viňa, G.R.
and need not therefore be enforced in the No. L-28252, March 14, 1928) It may be enforced
proceeding for the settlement of the client’s against the client, who holds it in trust for the
estate. (Harden v. Harden, supra) lawyer (Calalang v. De Borja, G.R. No. L-27771,
August 29, 1975), or against the judgment debtor,
In a case wherein a client decided to accept the who disregards the charging lien properly served
settlement offer and to withdraw the case he filed on him.
with the help of his attorney, and whereby his
attorney opposed such withdrawal by filing a
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Extraordinary concept of attorney’s fees 10. In a separate civil action arising from a
In its extraordinary concept, attorney's fees are Crime;
deemed indemnity for damages ordered by the 11. When at least double Costs are awarded;
court to be paid by the losing party to the winning 12. When the court deems it just and
party, as a penalty. (Compania Maritima, Inc. v. Equitable;
CA, supra) The instances when these may be 13. When a Special law so authorizes.
awarded are enumerated in Article 2208 of the
Civil Code, and are payable not to the lawyer but Award of attorney’s fees discretionary
to the client, unless the client and his lawyer have The award of attorney’s fees is essentially
agreed that the award shall accrue to the lawyer discretionary with the trial court/ (Arabay, Inc. v.
as additional or part of compensation. (Tangga-an Aquino, G.R. No. L-29033, July 31, 1970) The
v. Philippine Transmarine Carriers, Inc, G.R. No. decision should state the reason why the award is
180636, March 13, 2013) made, unless the text thereof plainly shows the
case comes within one of the exceptions. A
Fees as damages not recoverable statement by the trial court that it considered it
General Rule: Attorney’s fees in the concept of “just and equitable” to require the payment of
damages are not recoverable (Jimenez v. Bucoy, attorney’s fees because the claim set up or the
G.R. No. L-10221, February 28, 1958; Castillo v. defense raised is untenable or insufficient to
Samonte, G.R. No. L-13146, January 30, 1960). It justify the award.
is not the fact of winning alone but the attendance
of any of the special circumstances (Art. 2208, Attorney’s fees are not awarded as a matter of
Civil Code) and, in case of a public litigant, the course every time a party wins. The Supreme
existence of the right to private counsel that justify Court does not put a premium on the right to
the award of attorney’s fees as damages in favor litigate. The award of attorney’s fees is an
of the prevailing party. (Rizal Surety & Ins. Co. v. exception rather than the general rule; thus, there
Court of Appeals, G.R. No. L-23729, May 16, must be compelling legal reason to bring the case
1967) within the exceptions provided under Article 2208
of the Civil Code to justify the award. (Philippine
Exceptions: The new Civil Code provides 11 National Construction Corporation v. APAC
additional exceptions to the rule and recognizes Marketing Corporation, G.R. No. 190957, June 5,
the right of a winning litigant to recover attorney’s 2013)
fees in any of those exceptions. (Art. 2208, Civil
Code) In the absence of such allegation, neither the trial
court nor the appellate court may grant attorney’s
Attorney’s fees in the concept of damages may be fees. (Enecilla v. Magsaysay, supra)
awarded in any of the following circumstances:
(MALA-SUN-RIC2ES) With the claim for attorney’s fees having been set
1. In criminal cases of Malicious up, the appellate court may grant such fees even
prosecution; if the party so granted did not appeal from the
2. When there is Agreement; lower court’s judgment denying the award. (Fores
3. When defendant’s action or omission v. Mirando, G.R. No. 12163, March 4, 1959;
compelled plaintiff to Litigate; Enecilla v. Magsaysay, G.R. No. L-21568, May 19,
4. When exemplary damages are Awarded; 1966)
5. In actions for Support;
6. When the action is clearly Unfounded; The fact that the grant of attorney’s fees is
7. When defendant acted in gross discretionary does not dispense with the necessity
Negligence and bad faith; of proof even if the party against whom it is
8. In cases of Recovery of wages; asserted has not denied the claim, except when
9. In actions for Indemnity under what is sought is in the nature of liquidated
workmen’s compensation and damages fixed in a valid written agreement.
employee’s liability laws;
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(Santiago v. Dimayuga, G.R. No. L-17883, When is communication confidential?

December 30, 1961) It is when information is transmitted by voluntary
act of disclosure between attorney and client in
Right of private counsel, precondition confidence and by a means of which, so far as the
He must have employed and, in the cases of a client is aware, discloses the information to no
public litigant, must show his right to employ a third person other than one reasonably necessary
private counsel as well. A successful litigant who for the transmission of the information or the
prosecuted his action without the assistance of accomplishment of the purpose it was given.
counsel is not entitled to the award of attorney’s (Agpalo, citing Brown v. Saint Paul City R.Co., 62
fees. (Andreas v. Green, G.R. No. 24322, NW2d 688, 44 ALR 535, January 15, 1954;
December 16, 1925) Mercado v. Vitriolo, A.C. No. 5108, May 26, 2005)
h. Preservation of Client’s Confidences Requisites for confidentiality: (AC-ConProf)

1. There exists an Attorney-Client
Duty to preserve the client’s confidence
relationship, or a prospective attorney-
Canon 17 – A lawyer owes fidelity to the cause of
client relationship, and it is by reason of
his client and he shall be mindful of the trust and
this relationship that the client made the
confidence reposed in him.
communication;
2. The client made the communication in
Canon 21 – A lawyer shall preserve the
Confidence, in the course of, or with a
confidence of his client even after the attorney-
view to professional employment;
client relationship is terminated.
3. The legal advice must be sought from the
attorney in his Professional capacity.
It is the duty of an attorney to maintain inviolate (Jimenez v. Atty. Francisco, A.C. No.
the confidence, and at every peril to himself to 10548, December 10, 2014)
preserve, the secrets of his client and to accept no
compensation in connection with his client’s When a person goes to an attorney to bare his
business except from him or with his knowledge personal secrets and sensitive documents for the
and approval. (Sec. 20(e), Rule 138, ROC) purpose of obtaining legal advice and assistance,
a lawyer-client relationship arises. The burdens of
Purpose and rationale for confidentiality such relationship is that which enjoins the lawyer
1. Unless the client knows that his attorney to keep inviolate confidential information acquired
cannot be compelled to reveal what is told or revealed during legal consultations. If a person,
to him, he will suppress what he thinks to in respect to business affairs or troubles of any
be unfavorable and the advice which kind, consults a lawyer with a view of obtaining
follows will be useless if not misleading professional advice or assistance, and the
2. To encourage a client to make full attorney voluntarily permits or acquiesces with the
disclosure to his attorney and to place consultation, then the professional employment is
unrestricted confidence in him in matters established. (Hadjula v. Madianda, A.C. No. 6711,
affecting his rights or obligations (Agpalo, July 3, 2007)
2009)
Not only must there be an attorney-client
Confidentiality is needed to promote a full relationship, the client must intend the
disclosure of the client's most confidential communication be confidential, intended only for
information to his/her lawyer for an unhampered seeking legal advice from the attorney and not for
exchange of information between them. (Legaspi the information of third persons. (Uy Chico v.
v. Fajardo, A.C. No. 9422, November 19, 2018) Union Life Assurance Society, G.R. No. L-9231,
January 6, 1915)
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When lawyer can reveal client confidences Sec. 24. Disqualification by reason of privileged
Rule 21.01 – A lawyer shall not reveal the communication(s). - The following persons
confidence or secrets of his clients except: cannot testify as to matters learned in confidence
a. When authorized by the client in the following cases:
after acquainting him of the
consequences of the disclosure; (b) An attorney or person reasonably believed by
b. When required by law; the client to be licensed to engage in the practice
c. When necessary to collect his of law cannot, without the consent of the client, be
fees or to defend himself, his examined as to any communication made by the
employees or associates or by client to him or her, or his or her advice given
judicial action. thereon in the course of, or with a view to,
professional employment, nor can an attorney’s
A lawyer has the duty to preserve the secrets of secretary, stenographer, or clerk, or other persons
his clients, including prospective clients, even at assisting the attorney be examined without the
his own peril. Safeguarding these secrets requires consent of the client and his or her employer,
the application of both ethical and evidentiary concerning any fact the knowledge of which has
considerations. been acquired in such capacity, except in the
following cases:
It is important to distinguish between information (i) Furtherance of crime or fraud. If the services
disclosed “in confidence” or as a “secret”, versus or advice of the lawyer were sought or
information that may be secured elsewhere. The obtained to enable or aid anyone to commit or
privilege covers only the first type of information. plan to commit what the client knew or
reasonably should have known to be a crime
CONFIDENCE OF SECRETS OF or fraud;
CLIENTS CLIENTS (ii) Claimants through same deceased client. As
Refer to information Refer to information to a communication relevant to an issue
protected by attorney- gained in the between parties who claim through the same
client privilege under profession deceased client, regardless of whether the
the Rules of Court relationship that the
claims are by testate or intestate or by inter
(i.e., information client has requested
pertinent to the case to be held inviolate or vivos transaction;
being handled) the disclosure of (iii) Breach of duty by lawyer or client. As to a
which would be communication relevant to an issue of breach
embarrassing or of duty by the lawyer to his or her client, or by
would likely be the client to his or her lawyer;
detrimental to the (iv) Document attested by the lawyer. As to a
client (i.e., information communication relevant to an issue
not exactly pertinent concerning an attested document to which the
to the case). lawyer is an attesting witness; or
(v) Joint clients. As to a communication relevant
Rule 130, Sec 24(b) of the Rules of Court lays
to a matter of common interest between two or
down the scope of communication that is deemed
more clients if the communication was made
confidential on account of the attorney-client
by any of them to a lawyer retained or
relationship. The 2019 amendments to the
consulted in common, when offered in an
Revised Rules on Evidence expand the list of
action between any of the clients, unless they
persons covered by the rule on confidentiality, as
have expressly agreed otherwise.
well as the exceptions to the attorney-client
privilege. The revised rules are reproduced below
in full, with the amendments underscored for
emphasis.
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Relation of attorney and client Duty to not use client’s secret without consent
The privilege is only extended to communication Rule 21.02 - A lawyer shall not, to the
given by a client to his lawyer, and the advice disadvantage of his client, use information
given by the lawyer thereon. it does not extend to acquired in the course of his employment, nor
a person who is not a lawyer. However, one who shall he use the same to his own advantage or
poses as a lawyer with ulterior motives and to that of a third person, unless the client with full
whom the client confides to is protected by the knowledge of the circumstances consents thereto.
privilege. (Agpalo, Legal and Judicial Ethics,
p.273, 2009) Use of client’s secrets by the lawyer to the client’s
disadvantage or to the lawyer’s or a third person’s
Duration of duty advantage deals a blow to the attorney-client
The duty to keep secret is a perpetual duty that relationship. (Nombrado v. Hernandez, A.C. No.
continues even after the attorney-client 555, November 25, 1968)
relationship has been terminated (Canon 21,
CPE; Canon 37, CPR) or the death of the client. Duty to not give information from one’s files
Once professional confidence is reposed, it Rule 21.03 - A lawyer shall not, without the written
cannot be divested by either event. consent of his client, give information from his file
An attorney is forbidden: to an outside agency seeking such information for
1. To do anything which will injuriously affect auditing, statistical bookkeeping, accounting,
his former client; and processing or any other similar purpose.
2. To disclose or use against the client
information gained by virtue of the The work products of a lawyer, contained in his
professional relationship, whether in or files, are privileged matters that neither the lawyer
out of court. nor his heir or legal representative may give out
without his client’s consent.
General Rule: The protection of the attorney-
client privilege is perpetual. The file cabinet of a lawyer containing his client’s
records and documents may not be ordered
Exceptions: opened because that would be tantamount to
1. When removed by the client himself compelling him to divulge the client’s confidence
(Agpalo, Legal and Judicial Ethics, p.266, in violation of the law imposing upon him the duty
2009); to strictly preserve the client’s secrets. (People v
2. When removed after the death of the Sy Juco, G.R. No. L-41957, August 28, 1937)
client by his heir or legal representative
(Id.); Lawyer may disclose affairs of client to
3. When a supervening act done pursuant to partners
the purpose of the communication causes Rule 21.04 - A lawyer may disclose the affairs of
such communication to lose its privileged a client of the firm to partners or associates
character such as: thereof unless prohibited by the client.
a. Communication sent by client
through his attorney once it has Partners and practitioners who held supervisory
reached third party recipient (Uy capacities are legally responsible to exert ordinary
Chico v. Union Life Assurance diligence in apprising themselves of the comings
Society, G.R. No. L-9231, and goings of the cases handled by the persons
January 6, 1915); or, over which they are exercising supervisory
b. The contents of a pleading before authority and in exerting necessary efforts to
it is filed. (Agpalo, Legal and foreclose he occurrence of violations of the Code
Judicial Ethics, p.266, 2009) of Professional Responsibility by persons under
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their charge. (Solatan v Inocentes, A.C. No. 6504, No. 258, December 21,
August 9, 2005) 1963)
Duty to adopt measures against disclosures of

client’s secrets and avoid indiscreet
conversation
Rule 21.05 - A lawyer shall adopt such measures Criminal liability (Article
as may be required to prevent those whose 209, RPC)
services are utilized by him, from disclosing or
using confidences or secrets of the client. Imposition of criminal liability
Rule 21.06 - A lawyer shall avoid indiscreet 1. Upon any lawyer who, by any malicious
conversation about a client’s affairs even with breach of professional duty or of
members of his family. inexcusable negligence or ignorance,
reveals any of the secrets of the latter
Indiscreet conversations about client’s affairs are learned by him in his professional
prohibited in order to better preserve the client’s capacity.
confidences and to avoid prejudice to the client 2. Upon a lawyer who, having undertaken
and loss of respect to the legal profession. the defense of a client or having received
(Comments of the IBP Committee that drafted the confidential information from said client in
Code, p. 120) a case, undertakes the defense of the
opposing party in the same case, without
Lawyer shall not reveal having been consulted the consent of his first client. (Art. 209,
Rule 21.07 - A lawyer shall not reveal that he has RPC)
been consulted about a particular case except to
avoid possible conflict of interest. The protection given to the client is perpetual and
does not cease with the termination of the
General Rule: litigation, nor is it affected by the party’s ceasing
1. Revealing that a lawyer has been to employ the attorney and retaining another, or
consulted is tantamount to revealing the by any other change of relation between them. It
confidences and secrets of the client; even survives the death of the client. (Genato v.
2. The rule on privileged communications Silapan, A.C. No. 4078, July 14, 2003)
extends to matters disclosed by a
prospective client; Exceptions to attorney-client privilege:
3. This applies even when the lawyer does Client’s waiver of privilege
not accept the employment, as the General Rule: Only the client’s consent is
disclosure and the lawyer’s opinion on the necessary to waive the attorney-client privilege.
matter already create an attorney-client
relationship. Exception: When the person to be examined is
the attorney’s secretary, stenographer or clerk, in
Exception: When the lawyer will be placed in a such case the consent of the attorney is required.
situation of representing conflicting interests. (ROC Rule 130, Sec. 24(b))
Effect of breach Who may waive the privilege?

IF PRIVILEGED IF NOT PRIVILEGED 1. The client may waive the privilege
personally;
Disciplinary sanction Civil liability (Pfleider v.
2. An attorney retained in a case has an
(Canon 37, CPE; Rule Palanca, A.C. No. 927,
implied authority to waive the privilege
138, Sec. 20(e), ROC; September 28, 1970)
concerning procedural matters in the
Bautista v. Barrios, A.M.
case. BUT only the client may waive the
privilege in cases involving the attorney’s
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relation with his client, e.g. breach of 3. Where the government’s lawyers have no
client’s confidence on the part of the case against an attorney’s client unless,
attorney. by revealing the client’s name, the said
name would furnish the only link that
How is the privilege waived? would form the chain of testimony
Only entirely, not partially; a partial waiver is a necessary to convict an individual of a
waiver of the whole. A client may not waive part of crime. (Regala v. Sandiganbayan, supra)
a privileged document as to the parts that could
help his case and not waive those parts that will Information relating to the identity of the client may
adversely affect him. (Orient Ins. Co. v. Revilla, fall within the ambit of the privilege when the
G.R. No. 34098, September 17, 1930) client’s name itself has an independent
significance, such that disclosure would then
Disclosure to protect attorney's rights reveal client confidences. (Regala v.
The attorney may disclose the confidential Sandiganbayan, supra)
communications of his client when:
1. He is charged by either his client or a third i. Withdrawal of Services
person, involving the performance of his
duty to said client; Termination of attorney’s authority and
2. He is suing his client for attorney’s fees. withdrawal of counsel
BUT such disclosure must only be to the extent Canon 22 – A Lawyer shall withdraw his services
necessary to secure his rights. (Agpalo, Legal and only for good cause and upon notice appropriate
Judicial Ethics, pp.286-287, 2009) in the circumstances.
Communications as to crime
General Rule: Communications about a crime Rule 22.01 – A lawyer may withdraw his
already committed are covered under privileged services in any of the following cases:
communications. a. When the client pursues an illegal or
immoral course of conduct with the matter
Exceptions: Future criminal acts or plans in aid he is handling;
of such acts are not privileged communication. b. When the client insists that the lawyer
pursue conduct violative of the canons
Naming One’s Client and rules of professional ethics;
General Rule: A lawyer should name his client. c. When his inability to work with co-counsel
This is grounded on the following principles: will not promote the best interest of the
1. Court has right to know; client;
2. Attorney-client relationship does not exist d. When the mental or physical condition of
if there is no client; the lawyer renders it difficult for him to
3. Privilege pertains to the subject matter of carry out the employment effectively;
the relationship; e. When the client deliberately fails to pay
4. Due process for the adversary, in relation the fees for services or fails to comply with
to the right to know. (Regala v. the retainer agreement;
Sandiganbayan, supra) f. When the lawyer is elected or appointed
to a public office; and
Exception: However, client’s identity is privileged: g. Other similar cases.
1. Where a strong probability exists that
revealing the client’s name would In all the above cases, the lawyer must file a
implicate that client in the very activity for written motion with an express consent of his
which he sought the lawyer’s advice; client and must wait for the approval of the court.
2. Where the disclosure would open the
client to civil liability; and A client has the absolute right to discharge his
attorney at any time with or without cause. But this
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right of the client is not unlimited because good termination of the attorney-client relationship. The
faith is required in terminating the relationship. object of the civil suit resulted in a conflict of
The limitation is based on Article 19 of the Civil interest. (Pfelider v. Palanca, A.C. No. 927,
Code, which mandates that "every person must, September 28, 1970)
in the exercise of his rights and in the performance
of his duties, act with justice, give everyone his Necessity of a notice of discharge
due, and observe honesty and good faith." The As between a client and his attorney – No
right is also subject to the right of the attorney to formal notice of discharge by the client to his/her
be compensated. (Malvar v. Kraft Food Phils., attorney is necessary. Any act of the client
G.R. No. 183952, September 9, 2013) indicating an unmistakable purpose to terminate
the relation is sufficient.
A client may at any time dismiss his attorney or
substitute another in his place, but if the contract As between the court and the adverse party –
between client and attorney has been reduced to A notice of discharge or a manifestation clearly
writing and the dismissal of the attorney was indicating that purpose must be filed by the client
without justifiable cause, he shall be entitled to with the court and a copy thereof served upon the
recover from the client the full compensation adverse party. Until such is fulfilled, the lawyer
stipulated in the contract. (Rule 138, Sec. 26, continues to be the counsel in the case. (Canoy v.
ROC) In the absence of a written retainer, the Ortiz, A.C. No. 5485, March 16, 2005)
attorney shall be entitled to a reasonable amount
based on quantum meruit. Death or incapacity of client
General rule: Death or incapacity of the client
Causes of termination of attorney-client TERMINATES the attorney-client relationship
relationship:
1. Withdrawal of the lawyer; Exception: If retained by the administrator,
2. Death of the lawyer or the client; executor, or legal representative of the deceased
3. Disbarment or suspension of the lawyer client.
from the practice of law;
4. Declaration of presumptive death of the Note: Duty of the lawyer in case his client dies
lawyer; (Rule 3, Sec. 16, ROC):
5. Conviction of a crime and imprisonment (a) Inform the court of the fact of death
of the lawyer; (b) Give the names and addresses of legal
6. Dismissal of the lawyer by the client; representative
7. Appointment or election of a lawyer to a
government position which prohibits Procedure for withdrawal of services
private practice of law; 1. File a petition for withdrawal in court;
8. Intervening incapacity or incompetency of 2. Serve a copy of his petition upon his client
the client during the pendency of the and the adverse party at least 3 days
case; before the date set for hearing;
9. Client’s death 3. Present his petition well in advance of the
10. Full termination of the case. trial of the action to enable the client to
secure the services of another lawyer;
Suing one’s attorney may result in the termination and,
of the attorney-client relationship. It is 4. If the application is filed under
incompatible with the mutual confidence and trust circumstances that do not afford a
essential to every attorney-client relationship. substitute counsel sufficient time to
Hence, it was held in this case that the attorney- prepare for trial or that work prejudice to
client relationship was implicitly terminated by the the client’s cause, the court may deny his
client upon the filing of a civil suit against his application and require him to conduct the
lawyer. The civil suit for rescission resulted in the trial.
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Requirements for valid substitution of counsel be substituted within a period of thirty (30) days
1. Filing of a written application for from notice.
substitution;
2. Written consent of the client; and, If no legal representative is named by the counsel
3. Written consent of the attorney to be for the deceased party, or if the one so named
substituted. shall fail to appear within the specified period, the
4. In case such written consent cannot be court may order the opposing party, within a
secured, there must be filed with the specified time to procure the appointment of an
application proof of service of the notice executor or administrator for the estate of the
of application upon the attorney to be deceased and the latter shall immediately appear
substituted. for and on behalf of the deceased. The court
charges in procuring such appointment, if
Defective substitution and effects thereof defrayed by the opposing party, may be recovered
A substitution which does not comply with all of its as costs. (Rule 3, Sec. 16, ROC)
requirements is defective. Hence, the appearance
of new counsel and his taking over the active
conduct of the litigation neither operates to effect
a change of counsel nor to terminate the latter’s
authority. (Agpalo, Legal and Judicial Ethics, p.
383, 2009)
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 cooperate
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
Whenever a party to a pending action dies, and

the claim is not thereby extinguished, it shall be
the duty of his counsel to inform the court within
thirty (30) days after such death of the fact thereof,
and to give the name and address of his legal
representative or representatives. Failure of
counsel to comply with his duty shall be a ground
for disciplinary action.
The heirs of the deceased may be allowed to be

substituted for the deceased, without requiring the
appointment of an executor or administrator and
the court may appoint a guardian ad litem for the
minor heirs.
The court shall forthwith order said legal

representative or representatives to appear and
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V. COMPARISON OF THE IBA INTERNATIONAL PRINCIPLES, CODE OF PROFESSIONAL

RESPONSIBILITY, LAWYER’S OATH, AND RULES OF COURT
Prepared by Atty. Ma. Tanya Karina A. Lat
(1) Independence - To maintain independence and be afforded the protection such independence offers in giving
clients unbiased advice and representation. A lawyer shall exercise independent, unbiased professional judgment in
advising a client, including as to the likelihood of success of the client’s case.
CODE OF
DUTIES PROFESSIONAL LAWYER’S OATH RULE 138, SEC. 20
RESPONSIBILITY
Protection of the rule of law and Canon 1 - Uphold the I will maintain allegiance (a) To maintain allegiance
human rights Constitution, obey the laws to the Republic of the to the Republic of the
of the land, promote Philippines, I will support Philippines and to support
respect for law and legal the Constitution and the Constitution and obey
processes obey the laws as well as the laws of the Philippines
• Rule 1.01 - To not the legal orders of the
engage in duly constituted
unlawful conduct authorities therein.
• Rule 1.02 - To not
counsel or abet
activities aimed at
defiance of the law
Administration To promote Canon 1 - To promote I will ... obey the laws as (b) To observe and
of Justice (A) respect for respect for law and legal well as the legal orders maintain the respect due
the legal processes of the duly constituted to the courts of justice and
system, • Rule 1.02 - To not authorities therein. judicial officers;
courts, counsel or abet
judicial activities aimed at I will conduct myself as a
officers, and lessening lawyer ... with all good
legal confidence in the fidelity to the courts as to
profession legal system my clients.
Canon 11 - To observe
and maintain the respect
due to the courts and
judicial officers and to
insist on similar conduct by
others
• Rules 11.03,
11.04, 11.05
Canon 13 - To rely upon

the merits of one’s cause
and refrain from any impro-
priety which tends to
influence or gives the
appearance of influencing
the court
• Rules 13.01,
13.02, 13.03
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Rule 15.06 - To not state or

imply one’s ability to
influence any public
official, tribunal, or
legislative body
Canon 7 - To uphold the

integrity and dignity of the
legal profession at all times
To Rule 1.03 - To not, for any I will not wittingly or (c) To counsel or maintain
discourage corrupt motive or interest, willingly promote or sue such actions or
unnecessary encourage any suit or any groundless, false or proceedings only as
litigation proceeding or delay any unlawful suit, or give aid appear to him to be just,
man’s cause nor consent to the same. and such defenses only as
he believes to be honestly
Rule 15.05 - To give one’s debatable under the law;
client a candid and honest
opinion on the merits and (d) To employ, for the
probable results of the purpose of maintaining the
case, neither overstating causes confided to him,
nor understating the such means only as are
prospects of the case consistent with truth and
honor, and never seek to
Rule 12.02 - To not file mislead the judge or any
multiple actions arising judicial officer by an
from the same cause artifice or false statement
of fact or law;
Rule 1.04 - To encourage
Administration clients to avoid, end, or
of Justice (B) settle a controversy if it will
admit of a fair settlement
Rule 15.04 - May, with the

written consent of all
concerned, act as
mediator, conciliator, or
arbitrator in settling
disputes
To assist in Canon 12 - To assist in the I will delay no man for (g) Not to encourage
the speedy speedy and efficient money or malice either commencement or
and efficient administration of justice the continuance of an
administration action or proceeding, or
of justice Rule 10.03 - To observe delay any man’s cause,
the rules of procedure and from any corrupt motive or
not misuse them to defeat interest
the ends of justice
Rule 12.04 - To not unduly

delay a case, impede the
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execution of a judgment, or
misuse Court processes.
Rule 6.01 - Duty of public

prosecutor not to convict
but to see that justice is
done.
Representation of client within Canon 19 - To represent
the bounds of the law one’s client with zeal within
the bounds of the law
• Rule 19.01 - To
not participate in
presenting
unfounded
criminal charges
to obtain an
improper
advantage in any
case or
proceeding
• Rule 19.02 - To
call upon the client
to rectify any fraud
perpetrated upon
a person or a
tribunal
• Rule 19.03 - To
not allow one’s
client to dictate the
procedure in
handling the case
Rule 15.07 - To impress

upon one’s client
compliance with the laws
and the principles of
fairness
Defense of the defenseless or Canon 2 - To make one’s (h) Never to reject, for any
oppressed legal services available in consideration personal to
an efficient and convenient himself, the cause of the
manner, compatible with defenseless or oppressed
the independence,
integrity, and effectiveness (i) In the defense of a
of the legal profession person accused of crime,
• Rule 2.01 - To not by all fair and honorable
reject, except for means, regardless of his
valid reasons, the personal opinion as to the
cause of the guilt of the accused, to
defenseless or present every defense that
oppressed the law permits, to the end
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• Rule 2.02 - To not that no person may be

refuse to render deprived of life or liberty,
legal advice if only but by due process of law.
to the extent
necessary to
safeguard one’s
rights
Canon 14 - To not refuse

one’s services to the
needy
• Rules 14.01,
14.02, 14.03,
14.04
(2) Honesty, Integrity, Fairness - To maintain, at all times, the highest standards of honesty, integrity and fairness
towards one’s clients, the court, colleagues, and all those with whom the lawyer comes into professional contact.
CODE OF PROFESSIONAL
DUTIES LAWYER’S OATH RULE 138, SEC. 20
RESPONSIBILITY
• Rule 1.01 - To not engage in
dishonest or deceitful conduct
• Canon 10 - A lawyer owes candor,
fairness and good faith to the court.
o Rule 10.01 - To not do any I will do no falsehood, d) To employ, for the
falsehood, nor consent to nor consent to the doing purpose of maintaining the
the doing of any in Court; of any in court. causes confided to him,
Honesty nor to mislead or allow the such means only as are
Court to be misled by any I will not wittingly or consistent with truth and
artifice unwillingly promote or honor, and never seek to
o Rule 10.02 - To not sue any groundless, mislead the judge or any
knowingly misquote or false or unlawful suit, or judicial officer by an
misrepresent give aid nor consent to artifice or false statement
• Canon 3 - A lawyer in making known the same. of fact or law.
his legal services shall use only true,
honest, fair, dignified and objective
information or statement of facts.
o Rules 3.01, 3.02
• Rule 7.01 - Shall be answerable for
knowingly making a false statement
or suppressing a material fact in
connection with one’s admission to
the bar.
• Rule 12.05 - To refrain from talking
to one’s witness during a break or
recess in the trial, while the witness
is still under examination
• Rule 12.06 - To not knowingly assist
a witness to misrepresent himself or
to impersonate another
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• Rule 12.08 - To avoid testifying on

behalf of a client (with exceptions)
• Canon 8 - A lawyer shall conduct
himself with courtesy, fairness and
candor towards his professional
colleagues, and shall avoid
harassing tactics against opposing
Fairness counsel. I will delay no man for (d) To employ, for the
o Rule 8.01 - To not use money or malice purpose of maintaining
abusive, offensive, or the causes confided to
otherwise improper him, such means only as
o language in one’s are consistent with truth
professional dealings and honor…
o Rule 8.02 - To not encroach
upon the professional
employment of another
lawyer
• Rule 12.07 - To not abuse,
browbeat, or harass a witness nor
needlessly inconvenience him
• Canon 15 - A lawyer shall observe
candor, fairness and loyalty in all his
dealings and transactions with his
clients
• Rule 1.01 - To not engage in
immoral conduct
• Canon 7 - A lawyer shall at all times
uphold the integrity and dignity of
the legal profession
• Rule 7.03 - To not engage in (I) will conduct myself as
Integrity conduct that adversely reflects on a lawyer according to the
one’s fitness to practice law, nor to best of my knowledge
behave in a scandalous manner in and discretion
public or private life, to the discredit
of the legal profession.
(3) Clients’ Interest and (4) Competence

RESPONSIBILITY
• Canon 17 - A lawyer owes
To treat client fidelity to the cause of his e) To maintain inviolate
interests as client and he shall be the confidence, and at
paramount, subject mindful of the trust and every peril to himself, to
always to there confidence reposed in him. preserve the secrets of
being no conflict • Rule 15.08 - If engaged in his client, and to accept
with the lawyer’s another profession or no compensation in
duties to the court occupation concurrently connection with his
and the interests of with the practice of law, to client’s business except
justice, to observe make clear to one’s client from him or with his
the law, and to whether one is acting as a knowledge and approval.
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maintain ethical lawyer or in another

standards. capacity I will conduct myself as
To carry out one’s • Canon 18 - A lawyer shall a lawyer… with all good
work in a competent serve his client with fidelity to the courts as
and timely manner, competence and diligence. to my clients.
and to not take on o Rules 18.01,
work that one does 18.02, 18.03,
not reasonably 18.04
believe can be • Rule 14.04 - To observe
carried out in that the same standard of
manner conduct for both paying
and non-paying clients
• Canon 9 - A lawyer shall
not, directly or indirectly,
assist in the unauthorized
practice of law
o Rule 9.01 - To 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.
divide or stipulate
to divide a fee for
legal services with
persons not
licensed to practice
law (with
exceptions)
• Rule 11.01 - To appear in
court properly attired
• Rule 11.02 - To punctually
appear at court hearings
• Rule 12.01 - To not appear
for trial unless one has
adequately prepared
• Rule 12.03 - To not let
extensions of time to file
pleadings lapse without
any submission or
explanation for failure to do
so
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(5) Lawyer’s Undertaking and (6) Clients’ Freedom

RESPONSIBILITY
To honor any withdraw his services only I will conduct myself as
undertaking given in for good cause and upon a lawyer… with all good
the course of the notice appropriate in the fidelity to the courts as
lawyer’s practice in circumstances. to my clients.
a timely manner, o Rule 22.01 - Valid
until the grounds for
undertaking is withdrawal of one’s
performed, released services.
or excused o Rule 22.02 - Duties
upon withdrawal/
To respect the discharge of
freedom of clients services.
to be represented • Rule 19.02 - Termination of
by the lawyer of attorney-client relationship
their choice on grounds of fraud.
• Rule 2.02 - In cases where
one validly rejects the cause
of the defenseless or
oppressed, to not refuse to
render legal advice to the
person concerned if only to
the extent necessary to
safeguard the latter’s rights.
(7) Conflicts of Interest

RESPONSIBILITY
To not assume a observe candor, fairness and I will conduct myself (e) To maintain inviolate the
position in which a loyalty in all his dealings and as a lawyer … with all confidence, and at every peril
client’s interests transactions with his clients good fidelity to the to himself, to preserve the
conflict with those of • Rule 15.01 - When conferring courts as to my secrets of his client, and to
the lawyer, another with a prospective client, to clients. accept no compensation in
lawyer in the same ascertain any possible conflicts connection with his client’s
firm, or another of interest as soon as business except from him or
client, unless practicable, and to inform the with his knowledge and
otherwise permitted prospective client accordingly approval
by law, applicable • Rule 21.07 - To not reveal that
rules of professional one has been consulted about a
conduct, or, if particular case except to avoid
permitted, by client’s possible conflict of interest.
authorization. • Rule 14.03 - Conflict of interest
as a ground for declining
prospective representation of an
indigent client
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• Rule 15.03 - To not represent

conflict interests except by
written consent of all concerned
given after a full disclosure of the
facts
• Rule 15.04 - May, with the
written consent of all concerned,
act as mediator, conciliator or
arbitrator in settling disputes
• Rule 15.08 - If engaged in
another profession or
occupation concurrently with the
practice of law, to make clear to
one’s client whether one is
acting as a lawyer or in another
capacity
• 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.
(8) Confidentiality/Professional Secrecy

RESPONSIBILITY
• Canon 17 - A lawyer owes
To maintain at all fidelity to the cause of his I will conduct myself as (e) To maintain inviolate the
times and be afforded client and he shall be a lawyer with all good confidence, and at every
protection of mindful of the trust and fidelity to my clients. peril to himself, to preserve
confidentiality confidence reposed in him. the secrets of his client…
regarding the • Rule 15.02 - To be bound
affairs of present or by the rule on privileged
former clients, unless communication in respect
otherwise allowed or of matters disclosed by a
required by law and/or prospective client
applicable rules of • Canon 21 - A lawyer shall
professional conduct preserve the confidence
and secrets of his client
even after the attorney-
client relation is terminated.
o Rules 21.01, 21.02,
21.03 21.04, 21.05,
21.06, 21.07
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(9) Property of Clients and Third Parties

RESPONSIBILITY
To account promptly and hold in trust all moneys and I will conduct myself as a (e) To maintain inviolate the
faithfully for and prudently properties of his client that lawyer with all good fidelity confidence, and at every peril
hold any property of may come into his to my clients. to himself … to accept no
clients or third parties that possession. compensation in connection
comes into the lawyer’s o Rule 16.01 - To with his client’s business
trust, and to keep it account for all money except from him or with his
separate from the or property collected knowledge and approval.
lawyer’s own property or received for or
from the client
o Rule 16.02 - To keep
the funds of each
client separate and
apart from his own
and those of others
kept by him
o Rule 16.03 - To
deliver the client’s
funds and property
when due or upon
demand
borrow money from
the client, nor lend
money to the client
(with qualifications)
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(10) Fees
RESPONSIBILITY
To be entitled to a charge only fair and I will conduct myself as a
reasonable fee for reasonable fees. lawyer with all good
one’s work, to not • Rule 20.01 - To be guided fidelity to my clients.
charge an by specific factors in
unreasonable fee, and determining one’s fees
to not generate • Rule 20.02 - To be entitled
unnecessary work. to a proportionate division
of fees in cases of referral
and with the consent of
the client
• Rule 20.03 - To not
accept, without the full
knowledge and consent of
the client, any fee, reward,
or other compensation
whatsoever related to
one’s professional
employment from anyone
other than the client
• Rule 20.04 - To avoid
controversies with clients
concerning one’s
compensation, and to
resort to judicial action
only to prevent imposition,
injustice, or fraud
• Rule 2.04 - To not charge
rates lower than those
customarily prescribed
unless so warranted by
the circumstances
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C. SUSPENSION, DISBARMENT, AND The 2006 En Banc case of Frias (supra) expressly
DISCIPLINE OF LAWYERS struck down Sec. 1, Rule 8 of the Rules of
Procedure of the Commission on Bar Discipline
I. NATURE AND CHARACTERISTICS OF (CBD) which provides that a complaint for
DISCIPLINARY ACTIONS AGAINST disbarment, suspension or discipline of attorneys
LAWYERS prescribes in two (2) years from the date of
discovery of professional misconduct. The
a. Sui generis provision runs afoul of the settled rulings of the
Supreme Court and should therefore be struck
Administrative cases are distinct from and down as void for being ultra vires. Consequently,
proceed independently from civil and criminal the case of Isenhardt v. Real (A.C. 8254, February
cases. 15, 2012), decided by a Division, cannot revive
the aforementioned provision.
In an administrative case for disbarment or
suspension, clear preponderance of evidence is II. GROUNDS
all that is required. Hence, criminal prosecution
will not constitute as a prejudicial question even if Overview
the same facts and circumstances are attendant 1. In General (M.U.)
in the administrative proceedings. (Gatchalian a. Misconduct or malpractice
Promotions Talent Pool, Inc. v. Naldoza, A.C. No. b. Unprofessional conduct
4017, September 29, 1999) 2. Breach of Duties to the Court
a. Obstructing justice and abuse of
A proceeding for suspension or disbarment is not legal process
a civil action (as it involves no private interest) nor b. Misleading the court
a criminal prosecution. A disciplinary action is in c. Forum Shopping
reality an investigation by the court into the d. Proffering false charges
misconduct of its officer or an examination into his e. Introducing false evidence
character (In re Almacen, supra). It is merely a test f. Blackmail
of fitness. g. Willfully disobeying the court
orders and disrespect to the court
Self-imposed suspension
h. Using vicious or disrespectful
Only the Supreme Court has the power to impose
language
penalties for unethical conduct against erring
i. Continuing to practice after
lawyers. The wordings of the Resolution show that
suspension
the Court merely noted IBP’s findings and
3. Breach of Duties to the Client
recommended penalty. The IBP findings and the
a. Negligence in the performance of
stated penalty thereon are merely
duties
recommendatory, and such cannot attain finality
b. Employment of lawful means
until adopted by the Supreme Court as its own.
c. Deceit or misrepresentation
Thus, self-imposed compliance with IBP's
d. Representing adverse interests
recommended penalty is premature. (Dagohoy v.
and revealing client’s secrets
San Juan, A.C. No. 7944, June 3, 2013)
e. Purchasing client’s property in
litigation
b. Imprescriptible
f. Failing to account for or
misappropriating client’s property
The filing of a disciplinary action does not
g. Collecting unreasonable fees
prescribe despite the number of years lapsed.
h. Acting without authority
(Frias v. Bautista-Lozada, A.C. No. 6656, May 4,
i. Willfully appearing without being
2006)
retained
4. Breaches of Duties to the Bar
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a. Unethical conduct the law does not specify the acts as a ground for
b. Defaming fellow lawyer disciplinary action. (Mortel v. Aspiras, supra)
c. Communicating with adverse
party Misconduct before or incident to admission
d. Soliciting business Broadly speaking, the grounds for disbarment or
e. Cooperating in illegal practice of suspension of a lawyer consist of those acts of
law misconduct committed before and after his
5. Other Grounds for Discipline admission to practice. The acts of misconduct
a. Nonprofessional misconduct prior to admission include those which indicate
b. Gross immorality that at the time the lawyer took his oath, he did not
c. Conviction of crime involving possess the required qualifications for
moral turpitude membership in the bar.
d. Misconduct in the discharge of
duties as a public officer Two requisites must concur before he may be
e. Misconduct as notary public suspended or disbarred for misconduct
f. Nonpayment of IBP dues committed before his admission:
1. The act imputed to him must be so corrupt
Grounds for discipline; in general (M.U.) and false as to constitute a criminal act or
As a rule, a lawyer may be disciplined for (Rule so unprincipled as to be reprehensible to
138, Sec. 27, ROC): a high degree (Soberano v. Villanueva,
1. Gross misconduct or malpractice - A.C. No. 215, December 29, 1962;
Refers to any malfeasance or dereliction Villasanta v. Peralta, G.R. AC-UNAV, April
of duty committed by a lawyer. The 30, 1957); and;
practice of soliciting cases at law for the 2. The act charged must be established by
purpose of gain, either personally or clearly preponderant evidence. (Lim v.
through paid agents or brokers, Antonio, 41 SCRA 44, September 30,
constitutes malpractice. (Id.) 1971)
2. Unprofessional conduct - That which is
unbecoming a member of that profession. Misconduct after admission to the bar
On the other hand, grounds for suspension or
Gross misconduct, malpractice, or unprofessional disbarment based on acts committed after the
conduct, constitute grounds for disciplinary action. lawyer’s admission to the bar are those which
(Uy Chung Seng and Ching Uy Seng v. Atty. cause loss of moral character on his part.
Magat, Adm. Case No. L-2018, December 10, (Advincula v. Atty. Macabata, A.C. No. 7204,
1982) March 7, 2007) or involve violation of his duties to
the court, to his client, to the legal profession, and
Enumerated grounds not exclusive to the public.
The enumeration is not exclusive. (Rayong v.
Oblena, A.C. No. 376, April 30, 1963) A lawyer Misconduct committed outside Philippine
may be removed from office or suspended from jurisdiction
the practice of law on the grounds other than If he commits misconduct outside Philippine
those specifically provided in the law. (Bolivar v. jurisdiction, which is also a ground for disciplinary
De Leon, 50 O.G. 583, January 28, 1954; Mortel action under Philippine law, he may be suspended
v. Aspiras, G.R. No. L-9152, December 28, 1956; or disbarred in this country.
Rayong v. Oblena, A.C. No. 376, April 30, 1963)
Rule 138, Sec. 27 of the Rules of Court, as
Any misconduct on the part of a lawyer in his amended by Supreme Court Resolution dated
professional or private capacity which shows him February 13, 1992, states:
to be wanting in moral character may justify his
suspension or removal from office even though
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“The disbarment or suspension of a member of qualifications as a lawyer for the practice of his
the Philippine Bar by a competent court or other profession. In such a case, he may be disciplined
disciplinary agency in a foreign jurisdiction where as an attorney for such misconduct. (In Re
he has also been admitted as an attorney is a Almacen, supra)
ground for his disbarment or suspension if the
basis of such action includes any of the acts (c) Misleading the court
hereinabove enumerated. The judgment or order
of the foreign court or disciplinary agency shall be • Canon 10 - A lawyer owes candor,
prima facie evidence of the ground for disbarment fairness and good faith to the court
or suspension.” (In Re Maquera, B.M. No. 793, o Rule 10.01 A lawyer shall do no
July 30, 2004, and Velez v. De Vera, A.C. No. falsehood.
6697, July 25, 2006) o Rule 10.02 - A lawyer should not
misquote nor misrepresent.
Breach of duties to the court (see Sec. II) • Canon 12 – A lawyer shall exert every
(a) Generally effort and consider it his duty to assist in
He may be admonished, censured, fined, the speedy and efficient administration of
suspended or disbarred for breach of his duties to justice
the court that affects his professional integrity, his
obligations as a lawyer or his fitness as an officer A lawyer must be a disciple of truth. He owes
of the court. (In re Almacen, supra) candor, fairness and good faith to the courts. He
shall neither do any falsehood, nor consent to the
(b) Obstructing justice and abuse of legal doing of any. He also has a duty not to mislead or
process allow the courts to be misled by any artifice.
(Benguet Electric Cooperative, Inc. v. Flores, A.C.
• Rule 1.03 - Duty to not encourage No. 4058, March 12, 1998)
lawsuits
• Rule 6.01 - A prosecutor shall see to it (d) Forum shopping
that justice is done
• Rule 10.03 - A lawyer shall not misuse • Rule 12.02 – A lawyer shall not file
rules of procedure multiple actions.
• Rule 12.02 - A lawyer shall not file
multiple actions A willful violation of the non-forum shopping rule
• Rule 12.04 - A lawyer shall not delay nor constitutes direct contempt of court and makes
impede execution of judgment. the lawyer liable administratively, such as
• Rule 19.01 - A lawyer shall employ fair suspension from practice of law for one year.
and honest means to attain the objectives (Benguet Electric Cooperative, Inc. v. Flores,
of his client supra)
Any act on the part of a lawyer that obstructs, (e) Proffering false charges
perverts or impedes the administration of justice
constitutes misconduct and justifies disciplinary • Rule 10.01 – A lawyer shall do no
action against him. (Cantorne v. Ducasin, 577 falsehood.
Phil. 23, August 9, 1932; De Los Santos v.
Sagalongos, A.C. No. L-745, January 22, 1940) A lawyer, including a public prosecutor, may be
Ordinarily, obstruction in the administration of disciplined for filing or prosecuting false charges
justice constitutes contempt of court, and citing against another, for his action is a violation of his
the offender for contempt and punishing him for sword duty to do no falsehood nor consent to the
such misbehavior may be sufficient to accomplish doing of any in court, nor wittingly or willingly
the end desired. However, misbehavior may be of promote or sue any false, groundless or unlawful
such character as to affect the offender’s suit. (Retuya v. Gorduiz, A.M. No. 1388, march 28,
Page 94 of 223
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1980; Mabutas v. Nable, A.C. No. 1827, April 25, • Canon 10 – A lawyer owes candor,
1978; Natam v. Capule, A.C. No. 76, July 23, fairness and good faith to the court
1952) • Rule 10.01 –A lawyer shall do no
falsehood.
To warrant disciplinary action against a lawyer for • Rule 10.03 –A lawyer shall not misuse
preferring or prosecuting false charges or rules of procedure.
complaints, it must be shown that the charges are • Canon 11 – A lawyer shall observe and
false and the lawyer knows them to be so, in spite maintain the respect due to the courts and
of which he nevertheless filed them. In short, the to judicial officers and should insist on
lawyer must have been moved by malice or bad similar conduct by others
faith. However, if the charges are not entirely false • Rule 11.03 – A lawyer shall abstain from
and have been filed to protect the lawyer’s interest offensive language or behavior.
and that of his client, such action, on the part of • Rule 11.04 – A lawyer shall not attribute
the lawyer does not warrant disciplinary sanction. to a judge improper motives
• Rule 11.05 – A lawyer shall not criticize
(f) Introducing false evidence the personal or official conduct of the
judge
• Rule 10.01 – A lawyer shall do no
falsehood. The term “willful” conveys the idea of flagrant
misconduct such as would indicate a disposition
A lawyer may be suspended or disbarred for on the part of a lawyer so refractory in its character
knowingly presenting or introducing false as to affect his qualifications and standing for the
evidence in any proceeding as his act is a violation further exercise of his office as attorney. (In Re:
of his oath to do no falsehood nor consent to the MacDougall, G.R. No. L-1167, December 16,
doing of any in court. (Agpalo, Legal and Judicial 1903)
Ethics, p. 505, 2009) His action constitutes a
willful disregard of his solemn duty to act at all (i) Using vicious or disrespectful language
times in a manner consistent with the truth.
(Bautista v. Gonzales, A.M. No. 1625, February • Rule 8.01 – A lawyer shall use temperate
12, 1990) language
• Rule 11.03 – A lawyer shall abstain from
(g) Blackmail offensive language or behavior.
• Rule 19.01 – A lawyer shall employ fair The use by a lawyer of vicious, intemperate,
and honest means to attain the objectives abrasive, threatening or disrespectful language
of his client against the judge constitutes direct contempt as
• Rule 19.02 – A lawyer shall not allow his well as a violation of the lawyer’s oath and a
client perpetuate fraud transgression of the Code of Professional
Blackmail is the extortion of money from a person Responsibility. (In re Almacen, supra)
by threats of accusation of exposure or opposition (j) Continuing to practice after suspension
in the public prints, obtaining of value from a
person as a condition of refraining from making an A lawyer may be disbarred for continuing to
accusation against him, or disclosing some secret practice after his suspension from the practice of
which is calculated to operate to his prejudice. law. (In re David, supra)
(Pena v. Aparicio, A.C. No. 7298, June 25, 2007)
Reason: His continuing to practice his profession
(h) Willfully disobeying the court orders and during his suspension constitutes a gross
disrespect to the court misconduct and a willful disregard of the
suspension order, which should be obeyed though
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how erroneous it may be until set aside. (De Leon A lawyer may be suspended or disbarred for
v. Torres, A.C. No. 180, June 30, 1956) deceit or misrepresentation to the prejudice of or
as a means to defraud his client. (In re Paraiso,
Breach of Duties to the Client 41 Phil. 24, August 3, 1920; Daroy v. Legaspi, A.C.
No. 936, July 25, 1975; Merritt v. Cacanindin, 125
(a) Generally SCRA 386, October 27, 1983) Implicit in these
fraudulent acts are bad faith on the part of the
A lawyer owes his client the duty of entire devotion lawyer and material damage to the client, which
to his genuine interest, undivided allegiance, are the requisites that should concur to justify the
loyalty, fidelity and absolute integrity. Gross suspension or disbarment of the lawyer on the
violation of such duty subjects the lawyer to ground deceit or misrepresentation.
disciplinary action. (In re Oliva, A.C. No. 228, April
16, 1958; Republic v. Court of Appeals, G.R. No. (e) Representing adverse interests and
108763, February 13, 1997) revealing client’s secrets
(b) Negligence in the performance of duties • Rule 15.01 – A lawyer shall ascertain
possible conflict of interests
• Rule 18.03 – A lawyer shall not neglect a • Rule 15.02 – A lawyer shall preserve the
legal matter entrusted to him. secrets of a prospective client
• Rule 15.03 – A lawyer shall not represent
The failure to exercise due diligence or the conflicting interests except by written
abandonment of the client’s cause makes the consent of all concerned given after a full
lawyer unworthy of the trust which the client has disclosure of the facts
reposed in him. There is no hard and fast rule as
to what is gross misconduct in the performance of In the absence of written consent on the part of
the lawyer’s duty to his client. That question the clients concerned, a lawyer may not represent
depends upon the circumstances if the case, the conflicting interests without being disciplined for
nature of the act done and the motive which such misconduct. (In re Hamilton, supra; Natan v.
induced him to do the act charged. (Agpalo, Legal Capule, supra; Sumangil v. Sta. Romana, G.R.
and Judicial Ethics, p. 520, 2009; Seares Jr. v. No. 25, October 25, 1949). The reason is that the
Gonzales-Alzate, Adm. Case No. 9058, representation of conflicting interests not only
November 14, 2012) constitutes malpractice (Cantorne v. Ducasin,
supra) but is also a violation of the attorney-client
(c) Employment of lawful means relationship as well a lawyer’s duty to a court. (In
re Hamilton, supra; Natam v. Capule, supra)
• Rule 19.01 of the CPR ordain that a
lawyer shall employ only fair and honest (f) Purchasing client’s property in litigation
means to attain the lawful objective of his
client • Article 1491 (5) – The following persons
cannot acquire by purchase, even at a
(d) Deceit or misrepresentation public or judicial auction, either in person
or through the mediation of another:
• Rule 1.01 –Duty not to engage in unlawful xxx
conduct
• Rule 10.02 - A lawyer should not misquote (5) Justices, judges, prosecuting
nor misrepresent. attorneys, clerks of superior and inferior
• Rule 12.06 – A lawyer shall not assist a courts, and other officers and employees
witness to misrepresent connected with the administration of
justice, the property and rights in litigation
or levied upon an execution before the
Page 96 of 223
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court within whose jurisdiction or territory which he never rendered. (Espere v. Santos, Adm.
they exercise their respective functions; Case 151, April 30, 1955)
this prohibition includes the act of
acquiring by assignment and shall apply (i) Acting without authority
to lawyers, with respect to the property
and rights which may be the object of any • Rule 20.01 – A lawyer shall be guided by
litigation in which they may take part by the following factors in determining his
virtue of their profession. fees:
a. The time spent and the extent of
The law expressly prohibits a lawyer from the service rendered or required;
purchasing his client’s property in litigation (Art. b. The novelty and difficulty of the
1491, Civil Code). It is sufficient to hold the lawyer questions involved;
liable on that ground, that he is counsel for a client c. The importance of the subject
at the time he acquires, by himself or through matter;
another, during the pendency of the litigation, the d. The skill demanded;
client’s property or interest involved therein. Good e. The probability of losing other
faith on the part of the lawyer is not even a employment as a result of
defense, although it mitigates his liability. (Beltran acceptance of the proffered case;
v. Fernandez, supra; In re Adriatico, G.R. L-7532, f. The customary charges for
November 17, 1910) similar services and the schedule
of fees of the IBP chapter to
(g) Failing to account for or misappropriating which he belongs;
client’s property g. The amount involved in the
controversy and the benefits
• Rule 16.01 – A lawyer shall account for resulting to the client from the
client’s funds service;
• Rule 16.02 – A lawyer shall not h. The contingency or certainty of
commingle client’s funds compensation;
• Rule 16.03 – A lawyer shall deliver funds i. The character of the
to client, subject to his lien employment, whether occasional
or established; and
While a lawyer has a right to be paid for the legal j. The professional standing of the
services he has rendered to his client, he should lawyer.
not exercise such right whimsically by • Rule 15.01 - A lawyer shall ascertain
appropriating to himself the client’s money to pay possible conflict of interests
his fees without the client’s consent. His doing so • Rule 15.04 - A lawyer may act as
makes him administratively liable for deceit in mediator, conciliator, or arbitrator
dealing with his client. (Rivera v. Angeles, A.C. • Rule 15.08 - A lawyer who is engaged in
2519, August 29, 2000) another profession or occupation must
make clear on which capacity he is acting
(h) Collecting unreasonable fees • Rule 16.01 - A lawyer shall account for
client’s funds
A lawyer may be disciplined for collecting • Rule 16.02 - A lawyer shall not commingle
exorbitant fees for his services, applying the client’s funds
client’s money to pay his unreasonable claim for • Rule 16.04 - A lawyer shall not borrow
work done without the client’s consent or refusing from, nor lend money to, client.
to return to his client what he collected as payment
or for refusing to return to his client what he A lawyer can bind his client without special power
collected as payment for professional services from the latter only in matters of procedure. The
lawyer, may, therefore, be disciplined for
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compromising, settling, dismissing, waiving or Doctrine of absolute privilege: Must be relevant

disposing of his client’s cause, property, interest to the issue being tried.
without prior authority from the client because any
of such steps does not involve matters of General Rule: It is unethical for a lawyer to use
procedure. (Gonzales v. Parenas, A.C. No. 1797, improper and objectionable language against
November 7, 1979; Aldana v. Abad, A.C. No. 90, another lawyer or to cause him wantonly and
April 28, 1956) maliciously of a serious misconduct in the
absence of a reasonable cause. (Asturias Sugar
(j) Willfully appearing without being retained Central v. Pure Cane Molasses Co., G.R. No. L-
40709, August 1, 1934)
• Rule 8.02 – A lawyer shall not encroach
upon the business of another lawyer. Exception: A strongly worded statement by a
lawyer against opposing counsel, if justified by the
A lawyer may not represent a litigant without records, may not justify disciplinary action against
authority from the latter or from the latter’s him. (Phil. Surety & Ins. Co. v. Royal Oil Product,
representative or, in the absence thereof, without G.R. No. L-11936, April 30, 1959)
leave of court. (Rule 138, Sec. 21, ROC) The
lawyer’s appearance for a party without the (c) Communicating with adverse party
latter’s authority must be willful, corrupt or
contumacious in order that he may be held liable • Rule 8.02 – A lawyer shall not encroach
held therefor. If he acts in good faith, then the upon the business of another lawyer.
complaint for suspension or disbarment must fail. • Canon 9 of the Code of Professional
(Garrido v. Quisumbing, A.M. No. L-840, June 30, Ethics provides that a “lawyer should not
1969) in any way communicate upon the subject
of controversy with a party represented by
Breach of Duties to the Bar counsel, much less should he undertake to
negotiate or compromise with matter with
(a) Unethical conduct, generally him, but should only deal with his counsel.”
Unprofessional conduct is that which violates the
rules of ethical code of the legal profession or Violation of this canon entails disciplinary
which is unbecoming of a member of the bar. (Tan sanction, such as suspension from the practice of
Bek Keng v. David, A.M. No. 1261, December 29, law for 3 months. (Camacho v. Pangulayan, A.C.
1983) No. 4807, March 22, 2000)
(b) Defaming fellow lawyers (d) Soliciting business

The solicitation by a lawyer of cases at law for the
• Canon 7 - A lawyer shall at all times purpose of gain, either personally or through paid
uphold the integrity and dignity of the agents or brokers, constitutes malpractice
legal profession and support the activities sufficient to warrant the lawyer’s reprimand,
of the integrated bar. suspension from the practice of law or removal
• Canon 8 – A lawyer shall conduct himself from office. (Rule 138, Sec. 27, ROC)
with courtesy, fairness and candor (e) Cooperating in illegal practice of law
towards his professional colleagues, and
shall avoid harassing tactics against • Canon 9 – A lawyer shall not, directly or
opposing counsel. indirectly, assist in the unauthorized
o Rule 8.02 –A lawyer shall not practice of law.
encroach upon the business of o Rule 9.01 - A lawyer shall not
another lawyer. delegate legal work to non-
lawyers
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A layman or a disbarred or suspended lawyer may (d) Misconduct in the discharge of duties as a
not practice law without being held liable for public officer
contempt of court. (Rule 71, Sec. 3, ROC) The
Canons of Professional Ethics warn that “no Canon 6 of the CPR states that the Code applies
lawyer shall permit his professional services, or to lawyers in government service in the discharge
his name, to be used in aid of, or to make possible, of their official tasks and makes their negligence
the unauthorized practice of law by any law in the performance of their duties as government
agency, personal or corporate.” (Canon 47, CPE) lawyers a ground for disciplinary action.
Other Grounds for Discipline In case of government lawyers, administrative

discipline may be imposed by both the Civil
(a) Nonprofessional misconduct Service Commission (which has jurisdiction over
General Rule: A lawyer may not be suspended or civil servants) and by the Supreme Court (which
disbarred for any act in his private capacity. (In re has jurisdiction over lawyers).
Edillon, G.R. No. A.C.-1928, August 3, 1978)
(e) Misconduct as notary public
Exception: When however the misconduct is so Two-fold penalty:
grave that would make him morally unfit for the 1. For the act and omission as a notary
office and unworthy of the privilege, the court may public; and,
suspend or disbar him. (Melendez v. Decena, 2. For act or omission as a lawyer.
A.M. No. 2104, August 24, 1989)
By applying for and having himself commissioned
(b) Gross Immorality as notary public, a lawyer assumes these duties
A “grossly immoral act” is one that is so corrupt in a dual capacity, in the non-performance of
and false as to constitute a criminal act or so which duties he may be disciplined as a member
unprincipled or disgraceful as to be reprehensible of the bar. He may be held to account as a lawyer
to the highest degree. (Narag v. Narag, A.C. No. for an act as a notary public of a disgraceful or
3405, June 29, 1998) immoral character even to the extent of the
disbarment. (Benguet Electric Cooperative v.
Even if a lawyer is not judged as grossly immoral, Flores, supra)
he may nonetheless be reprimanded where such
evidence shows failure on his part to comply with (f) Nonpayment of IBP dues
the rigorous standards of conduct appropriately The lawyer’s failure or refusal to pay such dues or
required from members of the bar and court. special assessments for six months shall warrant
(Tolosa v. Cargo, A.M. No. 2385, March 8, 1989) 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
(c) Conviction of crime involving moral
delinquent member from the Roll of Attorneys. (In
turpitude
re: Edillon, A.M. No. 1928, August 3, 1978)
An attorney may be suspended or disbarred by
reason of his conviction of a crime involving moral
The ruling in In re: Edillon, was reiterated in a
turpitude. (De Jesus-Paras v. Vailoces, G.R. No.
more recent case, where the Supreme Court held:
439, April 12, 1961)
Respondent can only engage in the practice of
law by paying his dues. It does not matter that his
NOTE: Please see previous discussion on moral
practice is "limited'. Rule 139-A requires that every
turpitude.
member of the Integrated Bar shall pay annual
dues and default thereof for six months shall
warrant suspension of membership. (Santos v.
Llamas, A.C. No 4749, January 20, 2000)
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III. HOW INSTITUTED a. Board of Governors decides

within 30 days
Who may institute disbarment proceedings b. Investigation by the Solicitor-
The right to institute disbarment proceedings is General
not confined to clients nor is it necessary that the i. Six copies of the verified
person complaining suffered injury from the complaint shall be filed
alleged wrongdoing. The procedural requirement with the Secretary of the
observed in ordinary civil proceedings that only IBP or Secretary of any
the real party-in- interest must initiate the suit of its chapter and shall
does not apply in disbarment cases. Disbarment be forwarded to the IBP
proceedings are matters of public interest and the Board of Governors.
only basis for the judgment is the proof or failure ii. SC renders final decision
of proof of the charges. (Figeuros v. Jimenez, A.C. for
No. 9116, March 12, 2014) disbarment/suspension/
dismissal.
Procedure for disbarment (Rule 139-B, ROC; as
amended by B.M. 1645, October 15, 2015) IV. PROCEEDINGS
Generally: Nature of Proceedings

1. Institution either by: (a) Desistance or withdrawal by the
a. The Supreme Court, motu complainant does not exonerate the lawyer
proprio; Rule 139-B, Sec. 5, as amended by B.M. No. 1645
b. The IBP, motu proprio; OR (dated October 13, 2015) expressly provides:
c. Upon verified complaint by any
person filed with the Supreme “No investigation shall be interrupted or
Court or the IBP. terminated by reason of the desistance,
2. If instituted by the Supreme Court motu settlement, compromise, restitution, withdrawal of
proprio or via verified complaint directly the charges, or failure of the complainant to
filed with it, it may assign the investigation prosecute the same, unless the Supreme Court
to the Office of the Bar Confidant, any motu propio or upon recommendation of the IBP
officer of the Supreme Court, or a judge Board of Governors, determines that there is no
of a lower court. The review of the report compelling reason to continue with the disbarment
of investigation shall be conducted or suspension proceedings against the
directly by the Supreme Court. The respondent.”
Supreme Court may also refer the
investigation to the IBP. Desistance or withdrawal of the disbarment case
3. If filed against incumbent Justices of the does not exonerate the lawyer. (Ylaya v. Atty.
CA, Sandiganbayan, CTA, and judges of Gacott, Adm. Case No. 6475, January 30, 2013)
lower courts or against lawyers in A proceeding for suspension or disbarment is not
government service, whether charged a civil action where the complainant is a plaintiff
singly or jointly with others, the complaint and the respondent is a lawyer-defendant.
must be directly forwarded to the Disciplinary proceedings involve no private
Supreme Court. interest and afford no redress for private
4. If instituted upon verified complaint with grievance. The real question for determination in
the IBP or the investigation has been such proceedings is whether or not the attorney is
referred to the IBP, the records shall be still a fit person to be allowed the privileges of a
referred to the Commission on Bar member of the bar. (Isalos v. Cristal, A.C. No.
Discipline (previously known as National 11822 (Resolution), November 22, 2017) Hence,
Grievance) investigators. if the evidence on record warrants, the respondent
may be suspended or disbarred despite the
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desistance of complainant or his withdrawal of the determination. (Murillo v. Superable, Jr., A.C. No.
charges. (Rayos-Ombac v. Rayos, A.C. No. 2884, 341, March 23, 1960)
January 28, 1998)
Exception: When confidentiality is waived.
Neither will acquittal in or a dismissal of a criminal
case automatically result in the dismissal of the In the case of Fortun vs. Quinsayas (G.R. No.
administrative case. (Saludo, Jr. v. CA, G.R. No. 194578, February 13, 2013), Atty. Quinsayas was
121404, May 3, 2006) found guilty of indirect contempt of court for
distributing copies of her disbarment complaint
(b) Administrative cases against court officials against Atty. Sigfrid Fortun (in relation to the case
who are lawyers are automatically considered on the Ampatuan massacre) to members of the
disciplinary proceedings media.
According to A.M. No. 02-9-02-SC, if an
administrative case against Justices of the Court (a) Initiation of disciplinary proceedings by the
of Appeals and the Sandiganbayan, judges of Supreme Court
regular and special courts, and court officials who The Supreme Court may itself initiate disciplinary
are lawyers are based on grounds which are proceedings against a lawyer who has so
likewise grounds for disciplinary action of conducted himself in a case pending before it as
members of the Bar, the same shall be considered to show blatant disrespect to the Court, want of
a disciplinary action against the respondent. Prior good moral character or violation of his oath, by
to the issuance of this resolution, disciplinary and issuing a show cause order. (Zaldivar v. Gonzales,
administrative cases were treated separately. G.R. No. 79690-707, February 1, 1989)
It is not necessary that the respondent be asked (b) Where complaint initiated by the Supreme
to comment separately as a lawyer for disciplinary Court is found to be prima facie meritorious
action and as a member of the bench for Where a complaint initiated motu proprio by the
administrative liability. (Samson v. Caballero, A.M. Supreme Court is found to be prima facie
No. RTJ-08-2138, August 5, 2009) meritorious, the latter may then refer the same to
the IBP Board of Governors for appropriate action.
However, in a more recent case, the Supreme However, reference to the IBP is not mandatory.
Court En Banc required Judge Yu to comment The Supreme Court may refer the complaint for
separately on the disbarment charges. Justice investigation, report and recommendation to the
Brion dissented, stating that outright disbarment is Solicitor General, any officer of the court or judge
warranted under the circumstances and Judge Yu of a lower court, on the basis of which the Court
had more than ample opportunity to defend will have its final action. (Bautista v. Gonzales,
herself in the administrative proceedings. (OCA v. A.M. No. 1625, February 12, 1990)
Judge Eliza Yu, A.M. No. MTJ-12-1813,
November 22, 2016) This deviated from the (c) Action on, and investigation of, complaint
Samson case, which was also an En Banc case. A complaint for disciplinary action must allege
specific facts which constitute particular breaches
(c) Complainant need not suffer injury or violations of law or The Code of Professional
The right to institute a disbarment proceeding is Responsibility or legal ethics. The investigation
not confined to clients nor is it necessary that the shall be terminated within 3 months from the date
person complaining suffered injury from the of the commencement, unless extended for good
alleged wrong. (Atty. Navarro v. Atty. Nemeses III, cause by the Board of Governors upon prior
CBD A.C. No. 313, January 30, 1998) application.
(d) Proceedings are confidential The Commission on Bar Discipline investigator or,
General Rule: A disciplinary proceeding against if so required by the IBP Board of Governors, a
an attorney is confidential in nature until its final panel of 3 investigators, to whom the complaint is
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assigned, will ascertain whether said complaint is 2, 3 and 5, ROC as amended by B.M. No. 1645,
meritorious. October 15, 2015)
1. If meritorious, the investigator shall
direct that a copy be served to the Once a petition for review is filed, the Supreme
respondent, requiring him to answer Court shall decide the case in accordance with the
within 15 days from the date of service. following rules:
The answer must be verified. The original PENALTY SC DIVISION SC EN BANC
and 5 legible copies shall be filed with the IMPOSED
investigator, with proof of service of a
copy thereof on the complainant or his SUSPENSIO Period of 1 year Period
counsel. (Rule 139-B, Sec. 8, ROC) N or less exceeds 1
2. If unmeritorious, the investigator shall year
recommend dismissal of the complaint to
the IBP Board of Governors. (Rule 139-B, FINE P10,000 or less Exceeds
Secs. 2, 3 and 5, ROC as amended by P10,000
B.M. 1645, October 15, 2015)
SUSPENSIO Suspension is 1 Suspension
N AND FINE year or less exceeds 1
(d) Report of the investigator and decision of
AND the fine is year or the
the Board of Governors
P10,000 or less fine exceeds
Not later than 30 days from the termination of the
10,000
investigation, the investigator shall submit a report
containing his findings of fact and
recommendations to the IBP Board of Governors, In case of 2 or more suspensions of the lawyer,
together with the stenographic notes and the service of the same shall be successive, not
transcript of the investigation thereof, and all simultaneous. (Investment and Management
evidence presented during the investigation. He Service Corp. v. Roxas, A.C. No. 1417, April 17,
may recommend that the respondent be 1996)
exonerated of the charges, or admonished,
reprimanded, fined, suspended from practice, or Referral of cases by the Supreme Court to the
disbarred, as the evidence may warrant. (Rule Solicitor General or to any officer of the
139-B, Sec. 10, ROC) Supreme Court or Judge of the lower court.
The IBP Board of Governors shall review every In proceedings initiated motu proprio by the
case heard by an investigator upon the record and Supreme Court or in other proceedings when the
evidence transmitted to it. The recommendation of interest of justice so requires, the Supreme Court
the Board shall be in writing and shall clearly and may refer the case for investigation, report or
distinctly state the facts and the reasons on which recommendation to the Solicitor General or to any
it is based. (Rule 139-B, Sec. 12, ROC) IBP Board officer of the Supreme Court or judge of the lower
shall promulgate its recommendation within a court. (Rule 139-B, Sec. 13, ROC)
period not exceeding 30 days from the next
meeting of the Board following the submission of Pending final resolution of the complaint
the investigation report. investigated by the IBP investigator or of the
proceeding initiated motu proprio by the Supreme
The resolution, together with the entire records Court, the Supreme Court upon proper
and all the evidence presented and submitted recommendation may suspend the respondent
shall be transmitted to the Supreme Court for final from the practice of law until the suspension is
action within 10 days from issuance of the lifted by the Supreme Court. (Rule 139-B, Sec. 15,
resolution. Notice shall be given to all parties ROC) The CA or RTC may suspend an attorney
through their counsel, if any. (Rule 139-B, Secs. after due notice and opportunity to be heard, until
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further action of the Supreme Court. (Rule 139-B, guilt, so that in the eye of the law the offender is
Sec. 16, ROC) as innocent as if he had never committed the
offense." "If granted after conviction, it removes
Res ipsa loquitur the penalties and disabilities, and restores him to
Where the facts of record sufficiently provide the all his civil rights; it makes him, as it were, a new
basis for the determination of a lawyer’s man, and gives him a new credit and capacity.” (In
administrative liability, he may be disciplined or re Lontok, 43 Phil. 293, April 7, 1922, as cited in
disbarred by the Supreme Court without further In re Parcasio, A.M. No. 1000, August 31, 1966)
inquiry or investigation. A trial type hearing is not
necessary, as the lawyer has been fully heard in An absolute pardon operates to wipe out the
his pleadings. (Prudential Bank v. Castro, A.M. conviction as well as the offense itself, and the
No. 2756, June 5, 1986) grant thereof in favor of a lawyer is a bar to a
proceeding for disbarment against him based
Defenses, generally solely on the commission of such offense. (In re
When the integrity of a member of the bar is Parcasio, supra)
challenged, it is not enough that he denies the
charges against him; he must meet the issue and However, an absolute pardon subsequently
overcome the evidence against him. He must granted to a lawyer who had previously been
show proof that he still maintains that degree of disbarred for conviction of a crime does not
morality and integrity which at all times is automatically entitle him to reinstatement to the
expected of him. (Radjaie v. Alovera, A.C. No. bar, because only the Supreme Court can
4748, August 4, 2000) reinstate a disbarred lawyer. (In re Rovero, A.C.
No. 126, October 24, 1952)
Defenses not available: (Double Pari – Good
Conditional pardon not a bar
PAREE)
A conditional pardon or the remission of the
1. Double jeopardy – There can be no
unexpired portion of the sentence does not
double jeopardy as he is not being tried
operate as a bar to the disbarment proceeding. (In
for same offense but for his failure to
re Lontok, supra)
abide by his lawyer’s oath;
2. When both parties are in pari delicto
(Mortel v. Aspiras, supra); Effects of pardon
3. Good faith, except when bad faith or Sesbreño cited In re: Atty. Parcasio to bolster his
willfulness is an indispensable element of argument. In that case, Atty. Parcasio was
the charge against the lawyer (Rheem of granted “an absolute and unconditional partdon”
the Philippines v. Ferrer, G.R. No. L- which restored his “full civil and political rights,” a
22979, June 26, 1967); circumstance not present in these cases. Here,
4. Pardon by the offended party; the Order of Commutation did not state that the
5. Acquittal of a lawyer of a crime upon pardon was absolute and unconditional. The
which the disbarment proceeding is accessory penalties were not mentioned when the
based (In re Del Rosario, 52 Phil. 399, original sentence was recited in the Order of
December 7, 1928); Commutation and they were also not mentioned
6. Restitution to the injured person; in stating the commuted sentence.
7. Estoppel; and,
8. Executive pardon. There are four acts of executive clemency that the
President can extend: the President can grant
An absolute and unconditional pardon by the reprieves, commutations, and remit fines and
President "reaches both the punishment forfeitures, after conviction by final judgment.
prescribed for the offense and the guilt of the Commutation is a mere reduction of penalty.
offender; and when the pardon is full, it releases Commutation only partially extinguished criminal
the punishment and blots out of existence the liability. The penalty for Sesbreño’s crime was
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never wiped out. (Garcia v. Sesbreno, A.C. No. circumstances, it should neither be arbitrary or
7973 and A.C. No. 10457, February 3, 2015) despotic nor motivated by personal animosity or
prejudice but should ever be controlled by the
Presumption; burden of proof independence of the bar and to exact from the
In the absence of contrary proof, the presumption lawyer strict compliance with his duties to the
is that the lawyer is innocent of the charges and court, to his client, to his brethren in the profession
has performed his duty as an officer of the court in and to the public. (In re Almacen, supra)
accordance with his oath. (Acosta v. Serrano, A.C.
No. 1246, February 28, 1977) The burden of proof Effects of suspension or disbarment
rests upon the complainant to overcome the A judgment of suspension or disbarment is self-
presumption. (Baldoman v. Luspo, A.C. No. 1081, executory. A lawyer who has been disbarred or
May 19, 1975) one who has been suspended from practice
cannot practice law without being held liable for
In disciplinary proceedings against members of contempt of court. A judgment of suspension or
the bar, only “clear preponderance of evidence” is disbarment is always subject to change or
required to establish liability. As long as the modification by the court, regardless of the period
evidence presented by complainant or that taken that has lapsed. The court may, at any time when
judicial notice of by the Court is more convincing justice so warrants, modify the penalty of
and worthy of belief than that which is offered in disbarment to one of suspension.
opposition thereto, the imposition of disciplinary
sanction is justified. (Pimentel, Jr. v. Llorente, Even if the suspension is for a fixed period, a
supra) lawyer must still seek leave from the Supreme
Court to resume law practice. (Maniago v. De
In the absence of convincing or clearly Dios, A.C. No. 7472, March 30, 2010)
preponderant evidence, the disbarment case
against the respondent should be dismissed. V. DISCIPLINE OF FILIPINO LAWYERS
(Argona v. Cruz, A.C. No. 4934, July 31, 1975) WHO PRACTICE IN FOREIGN
JURISDICTIONS
Judgment
The Supreme Court decides the disciplinary Supreme Court Resolution dated February 13,
action on the basis of the evidence adduced 1992 amended Rule 138, Sec. 27 of the Rules of
during the investigation conducted for the Court by adding the following paragraphs:
purpose. The Court may also take into account the
report and recommendation of the investigator. "Sec. 27. Disbarment or suspension of attorneys
by Supreme Court; grounds therefore. — x x x
But, with respect to decisions raised to the SC
from the CA or the RTC for review, the Court may “The disbarment or suspension of a member of
require that the whole of the record of the case be the Philippine Bar by a competent court or other
forwarded to it. (In re Brilliantes, supra) disciplinatory agency in a foreign jurisdiction
where he has also been admitted as an attorney
Fulfillment of certain conditions is a ground for his disbarment or suspension if the
In dismissing a case against a lawyer, the court basis of such action includes any of the acts
may impose certain conditions if the facts so hereinabove enumerated.
warrant.
“The judgment, resolution or order of the foreign
Disciplinary sanctions, basic considerations court or disciplinary agency shall be prima facie
While it is discretionary upon the court to impose evidence of the ground for disbarment or
a particular sanction that it may deem proper suspension.”
against an erring lawyer, taking into account the
attendant aggravating or mitigating
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In the case of In re Maquera (B.M. 793, July 30, Criteria for reinstatement (C-SPG; “see
2004), the Supreme Court said that the judgment spaghetti”):
ordering Maquera’s suspension from the practice 1. Character and standing prior to the
of law in Guam did not automatically result in his disbarment, the nature and character of the
suspension or disbarment in the Philippines. It charge for which he was disbarred, his
only constituted prima facie evidence of conduct subsequent to the disbarment, and
Maquera's unethical acts as a lawyer. Due the time that has elapsed between the
process demands that he be given the opportunity disbarment and the application for
to defend himself and to present testimonial and reinstatement.
documentary evidence on the matter in an 2. Whether or not the applicant shall be
investigation to be conducted in accordance with reinstated rests to a great extent in the Sound
Rule 139-B of the Revised Rules of Court. discretion of the court.
3. Public interest in the orderly and impartial
————- end of topic ————- administration of justice will be conserved by
the applicant's participation therein in the
D. READMISSION TO THE BAR capacity of an attorney and counselor at law.
4. Satisfy the court that he is a person of Good
I. LAWYERS WHO HAVE BEEN moral character, and a fit and proper person
SUSPENDED to practice law. (In Re: Petition for
Reinstatement in the Roll of Attorneys, Juan T,
The Supreme Court has the exclusive authority to 22081, February 20, 1981; Prudential Bank v.
reinstate a disbarred or indefinitely suspended Grecia, A.M. No. 2756, December 18, 1990)
lawyer to the office of attorney-at-law. It may
reinstate him for reasons and upon assurances Clemency, as an act of mercy removing any
satisfactory to the court. (In re Adriatico, G.R. No. disqualification, should be balanced with the
L-2532, 1910) preservation of public confidence in the courts.
The Court will grant it only if there is a showing
II. LAWYERS WHO HAVE BEEN that it is merited. Proof of reformation and a
DISBARRED showing of potential and promise are
indispensable. (In re: Letter of Judge Augustus C.
Reinstatement, in disbarment proceedings, is the Diaz, appealing for judicial clemency, A.M. No. 07-
restoration of the privilege to practice law to a 7-17-SC, September 19, 2007)
disbarred lawyer.
Guidelines for resolving requests for Judicial
The power of the Supreme Court to reinstate is Clemency (PART – Relevant):
based on its constitutional prerogative to 1. There must be a showing of Promise
promulgate rules on the admission of applicants (such as intellectual aptitude, learning or
to the practice of law. (PHIL. CONST. art. VIII, Sec. legal acumen or contribution to legal
5(5)) scholarship and the development of the
legal system or administrative and other
The Supreme Court, in addition to the required relevant skills), as well as potential for
rehabilitation of the applicant for reinstatement, public service.
may require special conditions to be fulfilled by the 2. The Age of the person asking for
applicant. clemency must show that he still has
productive years ahead of him that can be
To be reinstated, there is still a need for the filing put to good use by giving him a chance to
of an appropriate petition with the Supreme Court. redeem himself.
(In Re: Rovero, A.C. No. 126, December 29, 3. There must be proof of Remorse and
1980) reformation. These shall include but
should not be limited to certifications or
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testimonials of the officer/s or chapter/s of II. REQUIREMENTS

the Integrated Bar of the Philippines,
judges or judges associations and Who are required to comply?
prominent members of the community All members of the Integrated Bar of the
with proven integrity and probity. A Philippines, from 3rd year of membership onwards.
subsequent finding of guilt in an
administrative case for the same or Requirements of completion of MCLE:
similar misconduct will give rise to a Shall complete every 3 years at least 36 hours of
strong presumption of non-reformation. continuing legal education activities. The 36 hours
4. Sufficient Time must have lapsed from shall be divided as follows:
the imposition of the penalty to ensure a 1. 2 hours – International law and international
period of reform. conventions
5. There must be other relevant factors and 2. 4 hours – Legal writing and oral advocacy
circumstances that may justify clemency. 3. 4 hours – Trial and pretrial skills
(In re: Letter of Judge Augustus C. Diaz, 4. 5 hours – Alternative dispute resolution
appealing for judicial clemency, supra; 5. 6 hours – Legal ethics
Talens-Dabon v. Arceo, A.M. No. RTJ-96- 6. 9 hours – Updates on substantive and
1336, November 20, 2012; Macarubbo v. procedural laws and jurisprudence
Macarubbo, A.C. No. 6148, January 22, 7. Remaining 6 hours – Such other subjects as
2013) may be prescribed by the Committee on
MCLE. (B.M. 850, Rule 1, Sec. 2)
III. LAWYERS WHO HAVE BEEN
REPATRIATED III. COMPLIANCE
A person who has re-acquired Philippine Compliance period: The initial compliance
citizenship may be able to practice his/her period shall begin not later than 3 months from the
profession in the Philippines, provided that he/she adoption of the IBP of the Rules.
applies with the Professional Regulation
Commission, the Supreme Court for lawyers, and B.M. 850 was adopted on August 22, 2000 and
other applicable Philippine agencies or bodies for
took effect on September 15, 2000.
a license or permit to engage in such professional
practice. Those appointed to a public office shall
NOTE: Members may participate in any legal
make a sworn renunciation of the oath of
education activity wherever it may be available to
allegiance to the country where they took their
earn credit units.
oath. (R.A. No. 9225, Sec. 5(4))
————- end of topic ————- Credit units: For every class of credit, a
corresponding number of credit units shall be
E. MANDATORY CONTINUING LEGAL assigned.
EDUCATION Classes of credits:
1. Participatory credit units:
I. PURPOSE a. Attending approved education
activities like seminars,
To ensure that throughout their career, lawyers conventions, symposia, and the
will keep abreast of the law and jurisprudence, like;
maintain the ethics of the profession and enhance b. Speaking or lecturing, or
the standards of the practice of law. (B.M. 850, assigned as panelist, reactor, or
Rule 1, Sec. 1) commentator, etc. in approved
education activities; and,
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c. Teaching in law school or and Professorial Lecturers of the

lecturing in bar review classes. Philippine Judicial Academy; and
(B.M. 850, Rule 5, Sec. 2) 12. Governors and Mayors. (B.M. 850, Rule
2. Non-participatory credit units: 7, Sec. 1)
3. Preparing, as author or co-author, written
materials (e.g. article, book or book Other parties exempted:
review) which contribute to the legal 1. Those who are not in law practice, private or
education of the author member, which public; and,
were not prepared in the ordinary course 2. Those who have retired from law practice with
of his practice or employment; and, the approval of the IBP Board of Governors.
4. Editing a law book, law journal or legal (B.M. 850, Rule 7, Sec. 2)
newsletter. (B.M. 850, Rule 5, Sec. 3)
Good cause for exemption from or
IV. EXEMPTIONS modification of requirement
A member may file a verified request setting forth
Parties EXEMPTED from the MCLE: good cause for exemption (such as physical
1. The President, Vice-President and the disability, illness, post-graduate study abroad,
Secretaries and Undersecretaries of proven expertise in law, etc.) from compliance
Executive Departments; with or modification of any of the requirements,
2. Senators and Members of the House of including an extension of time for compliance, in
Representatives; accordance with procedure to be established by
3. The Chief Justice and Associate Justices the Committee on MCLE. (B.M. 850, Rule 7, Sec.
of the Supreme Court, incumbent and 3)
retired Justices and Judges, incumbent
members of the Judicial and Bar Council Proof of exemption
and incumbent court lawyers covered by Applications for exemption from or modification
the Philippine Judicial Academy program of the MCLE requirement shall be:
of continuing judicial education; 1. Under oath; and
4. The Chief State Counsel, Chief State 2. Supported by documents. (B.M. 850, Rule 7,
Prosecutor and Assistant Secretaries of Sec. 5)
the Dept. of Justice;
5. The Solicitor General and the Assistant V. SANCTIONS
Solicitor General;
6. The Government Corporate Counsel, What constitutes non-compliance:
Deputy and Assistant Government 1. Failure to complete education requirement
Corporate Counsel; within the compliance period;
7. The Chairman and Members of the 2. Failure to provide attestation of compliance or
Constitutional Commissions; exemption;
8. The Ombudsman, the Overall Deputy 3. Failure to satisfy the education requirement
Ombudsman, the Deputy Ombudsmen and furnish evidence of such compliance
and the Special Prosecutor of the Office within 60 days from receipt of non-compliance
of the Ombudsman; notice;
9. Heads of government agencies 4. Failure to provide satisfactory evidence of
exercising quasi-judicial functions; compliance (including evidence of exempt
10. Incumbent deans, bar reviewers and status) within the prescribed period;
professors of law who have teaching 5. Failure to pay non-compliance fee within the
experience for at least 10 years in prescribed period; OR
accredited law schools; 6. Any other act or omission analogous to any of
11. The Chancellor, Vice-Chancellor and the foregoing or intended to circumvent or
members of the Corps of Professional
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evade compliance with the MCLE 3. Compensation as may be determined by

requirements. (B.M. 850, Rule 12, Sec. 1) the SC.
4. The initial terms of each of the 3 members
Members failing to comply will: shall be 5, 4 and 3 years respectively.
1. Receive a Non-Compliance Notice stating the (B.M. 850, Rule 15)
specific deficiency; AND
2. Be given 60 days from date of notification to ————- end of topic ————-
file a Response. (B.M. 850, Rule 12, Sec. 2)
F. NOTARIAL PRACTICE (A.M. NO. 02-8-
Consequences of non-compliance: 13-SC, AS AMENDED)
1. Listed as delinquent member by the IBP Board
of Governors upon recommendation of the The importance and effects of notarization
Committee on MCLE; Notarization is not an empty, meaningless,
2. The listing as a delinquent member is routinary act. It is invested with substantive public
administrative in nature but shall be made with interest, such that only those who are qualified or
notice and hearing by the Committee on authorized may act as notaries public.
MCLE; Notarization converts a private document into a
3. The lawyer will be subject to penalties and public document; thus, making that document
disciplinary sanctions; admissible in evidence without further proof of its
4. The lawyer will be fined P2,000.00 for the first authenticity. A notarial document is by law entitled
offense, P3,000.00 for the second offense and to full faith and credit upon its face. Courts,
P4,000.00 for the third offense; administrative agencies and the public at large
5. The lawyer may be listed as a delinquent must be able to rely upon the acknowledgment
member of the Bar; executed by a notary public and appended to a
6. The non-compliant lawyer shall be discharged private instrument. (Linco v. Lacebal, A.C. No.
from the case and the client/s shall be allowed 7241, 2011)
to secure the services of a new counsel with
the concomitant right to demand the return of I. QUALIFICATIONS
fees already paid to the non-compliant lawyer;
7. Note that the failure to indicate the MCLE 1. Filipino citizen
Certificate of Compliance or Certificate of 2. Over twenty-one (21) years of age
Exemption in pleadings will no longer cause 3. A member of the Philippine Bar in Good
the dismissal of the case or the expunction of standing with clearances from the Office of the
pleadings from the records. (OCA CIRCULAR Bar Confidant of the Supreme Court and the
NO. 79-14, May 26, 2014) Integrated Bar of the Philippines
4. Must not have been convicted in the first
Committee on Mandatory Continuing Legal instance of any crime involving moral turpitude
Education: 5. A resident in the Philippines for at least one (1)
1. Composition: year and maintains a regular place of work or
a. Retired Justice of the SC – business in the city or province where the
Chairman, nominated by the commission is to be issued. (Rule III, Sec. 1,
Supreme Court 2004 Rules on Notarial Practice (hereinafter
b. IBP National President – Vice- 2004 Notarial Rules))
Chair
c. 3 other members – Nominated by II. TERM OF OFFICE OF NOTARY PUBLIC
the Philippine Judicial Academy,
UP Law Center and Association Term of office: A notary public may perform
of Law Professors, respectively. notarial acts for a period of 2 years commencing
2. Members are of proven probity and the first day of January of the year in which the
integrity. commissioning is made, unless earlier revoked or
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the notary public has resigned under these Rules 1. Appears in person before the notary
and the Rules of Court. (Rule III, Sec. 11, 2004 public and presents an instrument or
Notarial Rules) document;
2. Is personally known to the notary public
Q: Mr. X was commissioned as a notary public or identified by the notary public through
on December 15, 2018. When will Mr. X’s term
competent evidence of identity as defined
of office as a notary public expire?
A: Mr. X’s term of office will expire on December by (the 2004 Notarial Rules); and,
31, 2019. This is because the effectivity of the 3. Signs the instrument or document in the
notarial commission issued on December 31, presence of the notary public. (Rule II,
2018 retroacted to January 1, 2018. Therefore, Sec. 14, 2004 Notarial Rules)
the first year of the notary public’s commission
expired on December 31, 2018 (first year: A copy certification refers to a notarial act in which
January 1, 2018 to December 31, 2018) and the a notary public:
second year of the notary public’s commission will 1. Is presented with an instrument or document
expire on December 31, 2019 (second year: that is neither a vital record, a public record,
January 1, 2019 to December 31, 2019).
nor publicly recordable;
Notarizing documents with an expired notarial 2. Copies or supervises the copying of the
commission is a violation of the rules on notarial instrument or document;
practice. (Re: Violation of Rules of Notarial 3. Compares the instrument or document with
Practice, A.M. No. 09-6-1-SC, January 21, 2015; the copy; and
In re: Order of Judge Madamba, A.C. No. 10119, 4. Determines that the copy is accurate and
November 11, 2014) complete. (Rule II, Sec. 4, 2004 Notarial Rules)
III. POWERS AND LIMITATIONS A notary public may certify the affixing of a thumb
or other mark on an instrument or document
Powers presented for notarization, provided:
A notary public has the power to perform the 1. The thumb or other mark is affixed in the
following notarial acts: (A-JOSCO) presence of the notary public and of two
1. Acknowledgments; disinterested and unaffected witnesses to
2. Jurats; the instrument or document;
3. Oaths and affirmations; 2. Both witnesses sign their own names in
4. Signature witnessings addition to the thumb or other mark;
5. Copy certifications; and 3. The notary public writes below the thumb
6. Any Other act authorized by the 2004 Notarial or other mark: "Thumb or Other Mark
Rules. (Rule IV, Sec. 1, 2004 Notarial Rules) affixed by (name of signatory by mark) in
the presence of (names and addresses of
The phrase “any other act authorized by the 2004 witnesses) and undersigned notary
Notarial Rules” refers to the authority of notaries public"; and
public to perform the following acts: 4. The notary public notarizes the signature
1. To certify the affixing of a thumb or other mark by thumb or other mark through an
on an instrument or document presented for acknowledgment, jurat, or signature
notarization; and witnessing. (Rule IV, Sec. 1(b), 2004
2. To sign on behalf of a person who is physically Notarial Rules)
unable to sign or make a mark on an
instrument or document. (Rule IV, Secs. 1(b) Q: May a notary public notarize documents by
and (c), 2004 Notarial Rules) affixing his thumb or other mark on the
notarial certificate?
A signature witnessing refers to a notarial act in A: It appears that he may not. This is because
which an individual on a single occasion: Rule VIII, Sec. 1 of the 2004 Notarial Rules
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provides that in notarizing a paper instrument or Prohibitions

document, a notary public shall: A notary public shall not perform a notarial act if
1. Sign by hand on the notarial certificate only the the person involved as signatory to the instrument
name indicated and as appearing on the or document is:
notary's commission; 1. Not in the notary’s presence personally at the
2. Not sign using a facsimile stamp or printing time of the notarization; and
device; and, 2. Not personally known to the notary public or
3. Affix his official signature only at the time the otherwise identified by the notary public
notarial act is performed. through competent evidence of identity as
defined by the Rules. (Rule IV, Sec. 2(b), 2004
A notary public may sign on behalf of a person Notarial Rules)
who is physically unable to sign or make a mark
on an instrument or document provided: Disqualifications
1. The notary public is directed by the person A notary public is disqualified from performing a
unable to sign or make a mark to sign on his notarial act if he:
behalf; 1. Is a party to the instrument or document that is
2. The signature of the notary public is affixed in to be notarized;
the presence of two disinterested and 2. Will receive, as a direct or indirect result, any
unaffected witnesses to the instrument or commission, fee, advantage, right, title,
document; interest, cash, property, or other
3. Both witnesses sign their own names; consideration, except as provided by the 2004
4. The notary public writes below his signature: Notarial Rules and by law; or
"Signature affixed by notary in presence of 3. Is a spouse, common-law partner, ancestor,
(names and addresses of person and two (2) descendant, or relative by affinity or
witnesses)"; and, consanguinity of the principal within the fourth
5. The notary public notarizes his signature by civil degree. (Rule IV, Sec. 3, 2004 Notarial
acknowledgment or jurat. (Rule IV, Sec. 1(c), Rules)
2004 Notarial Rules)
The Supreme Court has held that it was improper
Q: A notary public signed a contract of lease for a notary public to notarize a complaint-affidavit
on behalf of another without complying with executed by his two sisters-in-law based on Rule
the aforementioned requisites above. He then IV, Sec. 3 of the 2004 Notarial Rules. (Jandoquile
notarized the lease contract. Is this allowable? v. Revilla, A.C. No. 9514, April 10, 2013)
A: No. None of the requirements contained in
Rule IV, Sec. 1(c), that would justify a notary
Refusal to notarize
signing in behalf of a contracting party, was A notary public shall not perform a notarial act
complied with in this case. Moreover, (the notary
when:
public’s) act of affixing his signature above the 1. The notary knows or has good reason to
printed name "Edwin T. Nevada," without any
believe that the notarial act or transaction is
qualification, “veritably made him a party to the
unlawful or immoral;
contract of lease in question.” Thus, his act of 2. The signatory shows a demeanor which
notarizing a deed to which he is a party is a plain
engenders in the mind of the notary public
violation of the aforequoted Rule IV, Sec. 3(a) of reasonable doubt as to the former's
the Notarial Rules, for which he can be
knowledge of the consequences of the
disciplinarily sanctioned provided under Rule XI,
transaction requiring a notarial act; and
Sec. 1(b)(10) of the Notarial Rules. (Nevada v. 3. In the notary's judgment, the signatory is not
Casuga, A.C. No. 7591, March 20, 2012)
acting of his or her own free will. (Rule IV, Sec
4, 2004 Notarial Rules)
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Q: A notary public notarized a deed of sale of the facts attested to by the notary public in a
real property where the stated price was P1 particular notarization as provided for by these
million. He then notarized a second deed for Rules. (Rule II Sec. 8, 2004 Notarial Rules)
the same transaction which reflected a price of
only P250,000.00, after the parties to the sale The notarial certificate must contain the
expressed their desire to reduce the amount of following:
taxes payable in connection with the sale. 1. Name of the notary public as exactly indicated
in the commission;
According to the notary, he was "moved by his 2. Serial number of the commission of the notary
humane and compassionate disposition" public;
when he acceded to the parties' plea that he 3. Words "Notary Public" and the province or city
prepare and notarize the second deed with a where the notary public is commissioned, the
lower consideration in order to reduce the expiration date of the commission, the office
corresponding tax liability. Was this a address of the notary public; and
violation of the notarial rules? 4. Roll of attorney’s number, the professional tax
receipt number and the place and date of
A: Yes, by knowingly notarizing a document with issuance thereof, and the IBP membership
an illegal purpose. While respondent's duty as a number. (Rule VIII, Sec. 2, 2004 Notarial
notary public is principally to ascertain the identity Rules)
of the affiant and the voluntariness of the (a) The “Roll of Attorney’s number” is a
declaration, it is nevertheless incumbent upon him permanently-assigned number to each
to guard against any illegal or immoral lawyer.
arrangement or at least refrain from being a party (b) The “Professional Tax Receipt (“PTR”)
to its consummation. In this case, respondent Number” is subject to renewal every year.
proceeded to notarize the second deed despite A PTR Number issued in a year is valid
knowledge of its illegal purpose. Respondent until January 31 of the succeeding year.
should have been more prudent and remained (Local Government Code of 1991, Sec.
steadfast in his solemn oath not to commit 139(d))
falsehood nor consent to the doing of any. As a (c) If the notary public is an IBP Lifetime
lawyer, respondent is expected at all times to Member, simply indicate his or her IBP
uphold the integrity and dignity of the legal Lifetime Membership number. If the notary
profession and refrain from any act or omission public is not an IBP Lifetime Member,
which might lessen the trust and confidence he/she must indicate the “number and
reposed by the public in the integrity of the legal date of the official receipt indicating
profession. (Caalim-Verzonilla v. Pascua, A.C. payment of his/her annual membership
No. 6655, October 11, 2011) dues to the IBP.” An IBP official receipt
issued in one year may be availed of and
False or incomplete certificates indicated in all pleadings, motions, and
A notary public shall not: papers “until the end of February of the
1. Execute a certificate containing succeeding year.” (OCA Circular No. 10-
information known or believed by the 85, July 24, 1985)
notary to be false.
2. Affix an official signature or seal on a Improper instruments or documents
notarial certificate that is incomplete (Rule A notary public shall not notarize:
IV, Sec. 5, 2004 Notarial Rules) 1. A blank or incomplete instrument or document;
or,
A notarial certificate refers to the part of, or 2. An instrument or document without
attachment to, a notarized instrument or appropriate notarial certification. (Rule IV,
document that is completed by the notary public, Sec. 6, 2004 Notarial Rules)
bears the notary's signature and seal, and states
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IV. NOTARIAL REGISTER Entries in the Notarial Register

1. If a notary public is unable to complete a
notarial act, he or she must also record in
NOTARIAL REGISTER OF
the notarial register the reasons and
REGISTER NOTARIES PUBLIC
circumstances for not completing a
The permanently Kept by the executive notarial act. (Rule VI, Sec. 2(b), 2004
bound book with judge, and contains Notarial Rules)
numbered pages among other things, 2. When the instrument or document is a
containing a the dates of issuance contract, the notary public shall keep an
chronological record of or revocation or original copy thereof as part of his records
notarial acts performed suspension of notarial and enter in said records a brief
by a notary public. commissions, and the description of the substance thereof and
(Rule II, Sec. 5, 2004 resignation or death of shall give to each entry a consecutive
Notarial Rules) notaries public. (Rule number, beginning with number one in
III, Sec. 12, 2004 each calendar year. He shall also retain a
Notarial Rules) duplicate original copy for the Clerk of
Court. (Rule VI, Sec. 2 (d), 2004 Notarial
Kept by the notary Rules)
public; only one 3. The notary public shall give to each
remains active at any instrument or document executed, sworn
given time to, or acknowledged before him a number
corresponding to the one in his register,
and shall also state on the instrument or
Required entries in a Notarial Register:
document the page/s of his register on
1. Entry number and page number; which the same is recorded. No blank line
2. Date and time of day of the notarial act; shall be left between entries. (Rule VI,
3. Type of notarial act; Sec. 2 (e), 2004 Notarial Rules)
4. Title or description of the instrument, 4. In case of a protest of any draft, bill of
document or proceeding; exchange or promissory note, the notary
5. Name and address of each principal; public shall make a full and true record of
6. Competent evidence of identity as defined by all proceedings in relation thereto and
these Rules if the signatory is not personally shall note therein whether the demand for
known to the notary; the sum of money was made, by whom,
7. Name and address of each credible witness when, and where; whether he presented
swearing to or affirming the person's identity; such draft, bill or note; whether notices
8. Fee charged for the notarial act; were given, to whom and in what manner;
9. Address where the notarization was where the same was made, when and to
performed if not in the notary's regular place of whom and where directed; and of every
work or business; and other fact touching the same. (Rule VI,
10. Any other circumstance the notary public may Sec. 2 (f), 2004 Notarial Rules)
deem of significance or of relevance. (Rule VI, 5. At the end of each week, the notary public
Sec. 2(a), 2004 Notarial Rules) shall certify in his notarial register the
number of instruments or documents
A notarial register is prima facie evidence of the executed, sworn to, acknowledged, or
facts there stated. It has the presumption of protested before him; or if none, this
regularity and to contradict the veracity of the certificate shall show this fact. (Rule VI,
entry, evidence must be clear, convincing, and Sec. 2 (g), 2004 Notarial Rules)
more than merely preponderant. (Bote vs. Judge 6. A certified copy of each month's entries
Eduardo, MTJ-04-1524, February 11, 2005) and a duplicate original copy of any
instrument acknowledged before the
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notary public shall, within the first ten (10) under detention. (Nasayao v. Unay, A.C.
days of the month following, be forwarded No. 9504, June 5, 2013)
to the Clerk of Court and shall be under
the responsibility of such officer. If there The act of notarizing documents outside one's
is no entry to certify for the month, the area of commission is not to be taken lightly. Aside
notary shall forward a statement to this from being a violation of Sec. 11 of the 2004 Rules
effect in lieu of certified copies herein on Notarial Practice, it also partakes of
required. (Rule VI, Sec. 2 (g), 2004 malpractice of law and falsification. (Laquindanum
Notarial Rules v. Quintana, A.C. No. 7036, June 29, 2009;
7. At the time of notarization, the notary's Almazan, Sr. v. Suerte-Felipe, A.C. No. 7184,
notarial register shall be signed or a September 17, 2014)
thumb or other mark affixed by each:
a. Principal; Under the rule, only persons who are
b. Credible witness swearing or commissioned as notary public may perform
affirming to the identity of a notarial acts within the territorial jurisdiction of the
principal; and, court which granted the commission. Clearly, Atty.
c. Witness to a signature by thumb Siapno could not perform notarial functions in
or other mark, or to a signing by Lingayen, Natividad and Dagupan City of the
the notary public on behalf of a Province of Pangasinan since he was not
person physically unable to sign. commissioned in the said places to perform such
(Rule VI, Sec. 3, 2004 Notarial act. By performing notarial acts without the
Rules) necessary commission from the court, Atty.
Siapno violated not only his oath to obey the laws
V. JURISDICTION OF NOTARY PUBLIC particularly the Rules on Notarial Practice but also
AND PLACE OF NOTARIZATION Canons 1 and 7 of the Code of Professional
Responsibility which proscribes all lawyers from
A person commissioned as notary public may engaging in unlawful, dishonest, immoral or
perform notarial acts in any place within the deceitful conduct and directs them to uphold the
territorial jurisdiction of the commissioning court. integrity and dignity of the legal profession, at all
(Rule III, Sec. 11, 2004 Notarial Rules) times. (Re: Violation of Rules on Notarial Practice,
A.M. No. 09-6-1-SC, January 21, 2015)
Generally, a notary public may perform notarial
acts in his regular place of work or business, VI. REVOCATION OF COMMISSION
which must be within the territorial jurisdiction of
the commissioning court. However, a notary Grounds for revocation of commission or
public may perform a notarial act outside his place administrative sanctions
of work or business in any of the following sites 1. Any ground on which an application for a
located within his territorial jurisdiction: commission may be denied.
1. Public offices, convention halls and 2. When the notary public:
similar places where oaths of office may (a) Fails to keep a notarial register;
be administered; (b) Fails to make the proper entry or entries in
2. Public function areas in hotels and similar his notarial register concerning his notarial
places for the signing of instruments or acts;
documents requiring notarization; (c) Fails to send the copy of the entries to the
3. Hospitals and other medical institutions Executive Judge within the first ten (10)
where a party to an instrument or days of the month following;
document is confined for treatment; and, (d) Fails to affix to acknowledgments the date
4. Any place where a party to an instrument of expiration of his commission;
or document requiring notarization is (e) Fails to submit his notarial register, when
filled, to the Executive Judge;
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(f) Fails to make his report, within a Publication of revocations and administrative
reasonable time, to the Executive Judge sanctions
concerning the performance of his duties, The Executive Judge shall immediately order the
as may be required by the judge; Clerk of Court to post in a conspicuous place in
(g) Fails to require the presence of a principal the offices of the Executive Judge and of the Clerk
at the time of the notarial act; of Court the names of notaries public who have
(h) Fails to identify a principal on the basis of been administratively sanctioned or whose
personal knowledge or competent notarial commissions have been revoked. (Rule
evidence; XI, Sec. 3, 2004 Notarial Rules)
(i) Executes a false or incomplete certificate
under Sec. 5, Rule IV; Examples of violations of the Notarial Rules:
(j) Knowingly performs or fails to perform any • Notarizing a document 2 months after the
other act prohibited or mandated by these party’s death (Sicat v. Arriola, A.C. No. 5864,
Rules; and April 15, 2005)
(k) Commits any other dereliction or act which • Notarizing a spurious last will and testament
in the judgment of the Executive Judge where the signatures of witnesses were
constitutes good cause for revocation of forged (Lee vs. Tambago, A.C. No. 5281,
commission or imposition of February 12, 2008)
administrative sanction. (Rule XI, Sec. 1, • Notarizing an antedated document to evade
2004 Notarial Rules) an Anti-Dummy charge (Mondejar v. Rubia,
July 21, 2006)
Procedure for revocation of commission or • Notarizing a deed of transfer of a free patent
administrative sanctions based on the lot that was still under the 5-year restriction
grounds above (Relampagos. vs. Lagunay, A.C. No. 10703,
1. Upon verified complaint by an interested, February 9, 2015)
affected or aggrieved person, the notary public • Notarizing absolute deeds of sale using false
shall be required to file a verified answer to the cedulas (Heirs of Alilano vs. Examen, A.C.
complaint. If the answer of the notary public is No. 10132, March 24, 2015)
not satisfactory, the Executive Judge shall • A lawyer notarizing a document where his
conduct a summary hearing. If the allegations brother was the vendee (Heirs of Alilano vs.
of the complaint are not proven, the complaint Examen, supra)
shall be dismissed. If the charges are duly • Maintaining different notarial registers in
established, the Executive Judge shall impose several offices, which resulted in the notarized
the appropriate administrative sanctions. In documents being irregularly numbered and
either case, the aggrieved party may appeal entered (Gimeno vs. Zaide, A.C. No. 10303,
the decision to the Supreme Court for review. April 22, 2015)
Pending the appeal, an order imposing • Notarizing documents that were either
disciplinary sanctions shall be immediately unsigned or lacked the necessary signatures
executory, unless otherwise ordered by the (De Jesus vs. Sanchez-Malit, A.C. No. 6470,
Supreme Court. July 8, 2014)
2. The Executive Judge may motu proprio initiate • Allowing one’s secretary to sign and/or
administrative proceedings against a notary notarize documents on the lawyer’s behalf
public, subject to the procedures prescribed (Angeles vs. Bagay, A.C. No. 8103,
above and impose the appropriate December 3, 2014)
administrative sanctions on the grounds • Assigning only 1 notarial document number
mentioned. (Rule XI, Sec. 1, 2004 Notarial for 6 complaints for rescission and ejectment
Rules) (Crisostomo vs. Nazareno, A.C. No. 6677,
June 10, 2014)
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• Notarizing a document which contained false NOTE: For the requirement of personal
entries in the certification against forum- knowledge of the parties to be satisfied, the notary
shopping (Crisostomo vs. Nazareno, supra) public must at least be acquainted with them.
VII. COMPETENT EVIDENCE OF IDENTITY The Supreme Court has declared that a
Community Tax Certificate is not competent
A Principal is the person appearing before a evidence of identity. However, note that Sec.
notary public whose act is the subject of 163(a) of Republic Act No. 7160, otherwise known
notarization. (Rule II, Sec. 10, 2004 Notarial as the Local Government Code of 1991 requires
Rules) persons subject to the payment of community tax
to present their community tax certificates
If the Principal is “personally known to the notary whenever they acknowledge documents before
public,” there is no need to require the notaries public. (Baylon v. Almo, A.C. No. 6962,
presentation of competent evidence of identity. June 25, 2008)
If the Principal is “not personally known to the
notary public,” the notary must identify the VIII. SANCTIONS
Principal through competent evidence of identity.
Violations of the 2004 Notarial Rules may also
Competent evidence of identity refers to the constitute violations of the Code of Professional
identification of an individual based on: Responsibility and the Lawyer’s Oath.
1. At least one current identification document
issued by an official agency bearing the Punishable acts
photograph and signature of the individual, The Executive Judge shall cause the prosecution
such as but not limited to, passport, driver's of any person who:
license, Professional Regulations 1. Knowingly acts or otherwise impersonates a
Commission ID, National Bureau of notary public;
Investigation clearance, police clearance, 2. Knowingly obtains, conceals, defaces, or
postal ID, voter's ID, Barangay certification, destroys the seal, notarial register, or official
Government Service and Insurance System records of a notary public; and
(GSIS) e-card, Social Security System (SSS) 3. Knowingly solicits, coerces, or in any way
card, Philhealth card, senior citizen card, influences a notary public to commit official
Overseas Workers Welfare Administration misconduct. (Rule XII, Sec. 1, 2004 Notarial
(OWWA) ID, OFW ID, seaman's book, alien Rules)
certificate of registration/immigrant certificate
of registration, government office ID, The Executive Judge concerned shall submit
certification from the National Council for the semestral reports to the Supreme Court on
Welfare of Disable Persons (NCWDP), discipline and prosecution of notaries public.
Department of Social Welfare and (Rule XII, Sec. 2, 2004 Notarial Rules)
Development; or
2. The oath or affirmation of one credible witness Liability of notary public
not privy to the instrument, document or Even defectively notarized documents which are
transaction who is personally known to the improperly obtained from the notarial register of a
notary public and who personally knows the notary public are admissible as evidence against
individual; or, the notary public in an administrative case against
3. The oath or affirmation of two credible the latter. The 2004 Notarial Rules contain no
witnesses neither of whom is privy to the provision declaring the inadmissibility of
instrument, document or transaction who each documents obtained in violation thereof. (De
personally knows the individual and shows to Jesus v. Sanchez-Malit, A.C. No. 6470, July 8,
the notary public documentary identification. 2014)
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If a Notary Public does not comply with the public (i.e., notarized) document in order to be
requirements for signing a document on behalf of valid.
another, he becomes a party to the instrument
and becomes disqualified from notarizing it. The The Supreme Court has declared void a deed of
act of notarizing a deed to which a notary public is donation of land that had been defectively
a party is a violation of the Notarial Rules and is a notarized. (Unchuan v. Lozada, G.R. No. 172671,
ground for the imposition of disciplinary sanctions. April 16, 2009)
(Nevada v. Casuga, supra)
ii. Notarial Wills
A notary public is personally responsible for the Article 806 of the Civil Code provides that wills
correctness and completeness of the entries in must be acknowledged before a notary public by
his/her notarial register. A notary public cannot the testator and his witnesses.
escape liability for blaming the incorrectness or
incompleteness of the entries in his/her notarial In Guerrero v. Bihis (G.R. No. 174144, April 17,
register on his/her secretary. (Agadan v. Kilaan, 2007), a notary public commissioned for and in
A.C. No. 9385, November 11, 2013) Caloocan City notarized a will in Quezon City. The
Supreme Court held that the notary public had no
A notary public should not facilitate the authority to notarize documents in Quezon City,
disintegration of a marriage and the family by and therefore the will in this case was void for
encouraging the separation of the spouses and being defectively notarized.
extra-judicially dissolving the conjugal
partnership. Further, a notary public is personally Likewise, in Azuela v. Court of Appeals (G.R. No.
responsible for the entries in his notarial register 122880, April 12, 2006), the Supreme Court
and he could not relieve himself of this declared a will void for, among other things, not
responsibility by passing the blame on his being “acknowledged” before a notary public,
secretaries or any member of his staff. (Espinosa even if it was “subscribed and sworn to” before a
v. Omana, A.C. No. 9081, October 12, 2011) notary public:
In lieu of an acknowledgment, the notary

IX. CONSEQUENCES OF DEFECTIVE
public, wrote "Nilagdaan ko at ninotario ko
NOTARIZATION
ngayong 10 ng Hunyo 10 (sic), 1981 dito
sa Lungsod ng Maynila." By no manner of
Defective notarization generally does not affect contemplation can those words be
the validity of a contract. However, from an construed as an acknowledgment. “An
evidentiary perspective, the defective notarization acknowledgment is the act of one who has
of a document prevents it from being considered executed a deed in going before some
and admitted in evidence as a public document. It competent officer or court and declaring it
remains a private document that must be to be his act or deed. It involves an extra
authenticated as such in accordance with the step undertaken whereby the signor
Rules of Evidence. (The Heirs of Sarili v. Lagrosa, actually declares to the notary that the
G.R. No. 193517, January 15, 2014) executor of a document has attested to the
notary that the same is his/her own free act
Exception: In cases where the law requires
and deed.”
notarization as a requisite for validity, the
defective notarization will render the contract or “It might be possible to construe the
transaction void. (Azuela v. Court of Appeals, averment as a jurat, even though it does
G.R. No. 122880, April 12, 2006) not hew to the usual language thereof. A
jurat is that part of an affidavit where the
i. Donation of immovable property notary certifies that before him/her, the
Article 749 of the Civil Code provides that the document was subscribed and sworn to by
donation of immovable property must be in a the executor.” Ordinarily, the language of
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the jurat should avow that the document G. DUTIES OF LAWYERS UNDER
was subscribed and sworn before the SPECIFIC PROVISIONS IN THE
notary public, while in this case, the notary RULES OF COURT
public averred that he himself "signed and
notarized" the document. Possibly though, I. JUDGMENTS, FINAL ORDERS AND
the word "ninotario" or "notarized" ENTRY OF JUDGMENTS
encompasses the signing of and swearing
in of the executors of the document, which Rendition of judgments and final orders
in this case would involve the decedent A judgment or final order determining the merits of
and the instrumental witnesses. the case shall be in writing personally and directly
prepared by the judge, stating clearly and
“Yet even if we consider what was affixed
distinctly the facts and the law on which it is
by the notary public as a jurat, the will
based, signed by him, and filed with the clerk of
would nonetheless remain invalid, as the
the court. (Rule 36, Sec. 1, ROC)
express requirement of Article 806 is that
the will be "acknowledged", and not merely
Entry of judgments and final orders
subscribed and sworn to.” The will does
If no appeal or motion for new trial or
not present any textual proof, much less
reconsideration is filed within the time provided in
one under oath, that the decedent and the
these Rules, the judgment or final order shall
instrumental witnesses executed or signed
forthwith be entered by the clerk in the book of
the will as their own free act or deed. The
entries of judgments. The date of finality of the
acknowledgment made in a will provides
judgment or final order shall be deemed to be the
for another all-important legal safeguard
date of its entry. The record shall contain the
against spurious wills or those made
dispositive part of the judgment or final order and
beyond the free consent of the testator.
shall be signed by the clerk, with a certificate that
“An acknowledgement is not an empty such judgment or final order has become final and
meaningless act. The acknowledgment executory. (Rule 36, Sec. 2, ROC)
coerces the testator and the instrumental
witnesses to declare before an officer of II. CONTEMPT
the law that they had executed and
subscribed to the will as their own free act Direct contempt
or deed. Such declaration is under oath A person guilty of misbehavior in the presence of
and under pain of perjury, thus allowing for or so near a court as to obstruct or interrupt the
the criminal prosecution of persons who proceedings before the same, including
participate in the execution of spurious disrespect toward the court, offensive
wills, or those executed without the free personalities toward others, or refusal to be sworn
consent of the testator. It also provides a or to answer as a witness, or to subscribe an
further degree of assurance that the affidavit or deposition when lawfully required to do
testator is of certain mindset in making the so.
testamentary dispositions to those persons
he/she had designated in the will. Penalty: Punished by a fine not exceeding two
“It may not have been said before, but we thousand pesos or imprisonment not exceeding
can assert the rule, self-evident as it is ten (10) days, or both, if it be a Regional Trial
under Article 806. A notarial will that is not Court or a court of equivalent or higher rank, or by
acknowledged before a notary public by a fine not exceeding two hundred pesos or
the testator and the witnesses is fatally imprisonment not exceeding one (1) day, or both,
defective, even if it is subscribed and if it be a lower court. (Rule 71, Sec.1, ROC)
sworn to before a notary public.
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Indirect contempt Penalty: If the respondent is adjudged guilty of

A person guilty of any of the following acts may be indirect contempt committed against a RTC or a
punished for indirect contempt: (DRAMA-FID) court of equivalent or higher rank, he may be
1. Disobedience of or resistance to a lawful punished by a fine not exceeding thirty thousand
writ, process, order, or judgment of a pesos or imprisonment not exceeding six (6)
court, including the act of a person who, months, or both. If he is adjudged guilty of
after being dispossessed or ejected from contempt committed against a lower court, he
any real property by the judgment or may be punished by a fine not exceeding five
process of any court of competent thousand pesos or imprisonment not exceeding
jurisdiction, enters or attempts or induces one (1) month, or both. If the contempt consists in
another to enter into or upon such real the violation of a writ of injunction, temporary
property, for the purpose of executing restraining order or status quo order, he may also
acts of ownership or possession, or in any be ordered to make complete restitution to the
manner disturbs the possession given to party injured by such violation of the property
the person adjudged to be entitled involved or such amount as may be alleged and
thereto; proved. (Rule 71, Sec. 7, ROC)
2. The Rescue, or attempted rescue, of a
person or property in the custody of an Contempt for affidavits in bad faith
officer by virtue of an order or process of Should it appear to its satisfaction at any time that
a court held by him. any of the affidavits presented pursuant to this
3. Any Abuse of or any unlawful Rule are presented in bad faith, or solely for the
interference with the processes or purpose of delay, the court shall forthwith order
proceedings of a court not constituting the offending party or counsel to pay to the other
direct contempt under section 1 of this party the amount of the reasonable expenses
Rule; which the filing of the affidavits caused him or her
4. Misbehavior of an officer of a court in the to incur, including attorney's fees, it may, after
performance of his official duties or in his hearing further adjudge the offending party or
official transactions; counsel guilty of contempt. (Rule 35, Sec. 6,
5. Assuming to be an attorney or an officer ROC)
of a court, and acting as such without
authority; III. ARRAIGNMENT AND PLEA
6. Failure to obey a subpoena duly served;
7. Any Improper conduct tending, directly or Duty of court to inform accused of his right to
indirectly, to impede, obstruct, or degrade counsel
the administration of justice; Unless the accused is allowed to defend himself
8. Disobedience of or resistance to a lawful in person or has employed a counsel of his choice,
writ, process, order, or judgment of a the court must assign a counsel de oficio to
court, including the act of a person who, defend him. (Rule 116, Sec. 6, ROC)
after being dispossessed or ejected from
any real property by the judgment or Appointment of counsel de oficio
process of any court of competent The court, considering the gravity of the offense
jurisdiction, enters or attempts or induces and the difficulty of the questions that may arise,
another to enter into or upon such real shall appoint as counsel de oficio only such
property, for the purpose of executing members of the bar in good standing who, by
acts of ownership or possession, or in any reason of their experience and ability, can
manner disturbs the possession given to competently defend the accused. (Rule 116, Sec.
the person adjudged to be entitled 7, ROC)
thereto;
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Time for counsel de oficio to prepare for claims are by testate or intestate or by inter
arraignment vivos transaction;
Whenever a counsel de oficio is appointed by the (iii) Breach of duty by lawyer or client. As to a
court to defend the accused at the arraignment, communication relevant to an issue of breach
he shall be given a reasonable time to consult with of duty by the lawyer to his or her client, or by
the accused as to his plea before proceeding with the client to his or her lawyer;
the arraignment. (Rule 116, Sec. 8, ROC) (iv) Document attested by the lawyer. As to a
communication relevant to an issue
IV. ATTORNEY-CLIENT PRIVILEGE concerning an attested document to which the
lawyer is an attesting witness; or
Rule 130, Sec 24(b) of the Rules of Court lays (v) Joint clients. As to a communication relevant
down the scope of communication that is deemed to a matter of common interest between two or
confidential on account of the attorney-client more clients if the communication was made
relationship. The 2019 amendments to the by any of them to a lawyer retained or
Revised Rules on Evidence expand the list of consulted in common, when offered in an
persons covered by the rule on confidentiality, as action between any of the clients, unless they
well as the exceptions to the attorney-client have expressly agreed otherwise.
privilege. The revised rules are reproduced below
in full, with the amendments underscored for V. POWERS AND DUTIES OF COURT AND
emphasis. JUDICIAL OFFICERS
Disqualification by reason of privileged Public attorney’s duties where accused is

communications imprisoned
The following persons cannot testify as to matters If the public attorney assigned to defend a person
learned in confidence in the following cases: charged with a crime knows that the latter is
preventively detained, either because he is
(b) An attorney or person reasonably believed by charged with a bailable crime but has no means
the client to be licensed to engage in the practice to post bail, or, is charged with a non-bailable
of law cannot, without the consent of the client, be crime, or, is serving a term of imprisonment in any
examined as to any communication made by the penal institution, it shall be his duty to do the
client to him or her, or his or her advice given following:
thereon in the course of, or with a view to, A. Shall promptly undertake to obtain the
professional employment, nor can an attorney’s presence of the prisoner for trial or cause
secretary, stenographer, or clerk, or other persons a notice to be served on the person
assisting the attorney be examined without the having custody of the prisoner requiring
consent of the client and his or her employer, such person to so advise the prisoner of
concerning any fact the knowledge of which has his right to demand trial.
been acquired in such capacity, except in the B. Upon receipt of that notice, the custodian
following cases: of the prisoner shall promptly advise the
(i) Furtherance of crime or fraud. If the services prisoner of the charge and of his right to
or advice of the lawyer were sought or demand trial. If at anytime thereafter the
obtained to enable or aid anyone to commit or prisoner informs his custodian that he
plan to commit what the client knew or demands such trial, the latter shall cause
reasonably should have known to be a crime notice to that effect to sent promptly to the
or fraud; public attorney.
(ii) Claimants through same deceased client. As C. Upon receipt of such notice, the public
to a communication relevant to an issue attorney shall promptly seek to obtain the
between parties who claim through the same presence of the prisoner for trial.
deceased client, regardless of whether the D. When the custodian of the prisoner
receives from the public attorney a
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properly supported request for the 2. When an attachment of real or personal

availability of the prisoner for purposes of property lying outside the province is to
trial, the prisoner shall be made available be made;
accordingly. (Sec. 12, Cir. 38-98) (Rule 3. When the action is against two or more
119, Sec. 7, ROC) defendants residing in different provinces;
and
Courts always open; justice to be promptly 4. When the place where the case has been
and impartially administered brought is that specified in a contract in
Courts of justice shall always be open, except on writing between the parties, or is the place
legal holidays, for the filing of any pleading, of the execution of such contract as
motion or other papers, for the trial of cases, appears therefrom.
hearing of motions, and for the issuance of orders
or rendition of judgments. Justice shall be Writs of execution issued by inferior courts may be
impartially administered without unnecessary enforced in any part of the part of the Philippines
delay. (Rule 135, Sec. 1, ROC) without any previous approval of the judge of first
instance.
Publicity of proceedings and records
The sitting of every court of justice shall be public, Criminal process may be issued by a justice of the
but any court may, in its discretion, exclude the peace or other inferior court, to be served outside
public when the evidence to be adduced is of such his province, when the district judge, or in his
nature as to require their exclusion in the interest absence the provincial fiscal, shall certify that in
of morality or decency. The records of every court his opinion the interest of justice require such
of justice shall be public records and shall be service. (Rule 135, Sec. 4, ROC)
available for the inspection of any interested
person, at all proper business hours, under the Search warrants in special criminal cases by
supervision of the clerk having custody of such executive judges of Regional Trial Courts
records, unless the court shall, in any special Executive Judges and Vice-Executive Judges
case, have forbidden their publicity, in the interest (only when the Executive Judges are on official
of morality or decency. (Rule 135, Sec. 2, ROC) leave of absence or are not physically present in
the station) have authority to act on applications
Process of superior courts enforced filed by the NBI, PNP, Anti-Crim Task Force,
throughout the Philippines PDEA, and Bureau of Customs for search
Process issued from a superior court in which a warrants in special criminal cases (i.e., heinous
case is pending to bring in a defendant, or for the crimes, illegal gambling, illegal possession of
arrest of any accused person, or to execute any firearms and ammunitions, violations of the
order or judgment of the court, may be enforced Dangerous Drugs Act, Anti-Money Laundering
in any part of the Philippines. (Rule 135, Sec. 3, Act, and Customs Modernization and Tariff Act).
ROC) Such warrants may be served in places outside
the territorial jurisdiction but within the judicial
Process of inferior courts regions of these courts. (Rule 3, Sec. 2, A.M. No.
The process of inferior courts shall be enforceable 21-06-08-SC, Rules on the Use of Body-Worn
within the province where the municipality or city Cameras in the Execution of Warrants, June 29,
lies. It shall not be served outside the boundaries 2021)
of the province in which they are compromised
except with the approval of the judge of first Repeal of special powers of Regional Trial
instance of said province, and only in the following Courts of Manila and Quezon City
cases: A.M. No. 21-06-08-SC (Rules on the Use of Body-
1. When an order for the delivery of personal Worn Cameras in the Execution of Warrants)
property lying outside the province is to issued by the Supreme Court on June 29, 2021
be complied with; expressly repealed the authority of Executive
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Judges and Vice-Executive Judges of the RTCs Trials and hearings; orders in chambers
of Manila and Quezon City to issue search All trials upon the merits shall be conducted in
warrants which could be served in places outside open court and so far as convenient in a regular
the territorial jurisdiction of the said courts. (Rule court room. All other acts or proceeding may be
5, Sec. 2, A.M. No. 21-06-08-SC) done or conducted by a judge in chambers,
without the attendance of the clerk or other court
Inherent powers of the court officials. (Rule 135, Sec. 7, ROC)
1. To preserve and enforce order in its
immediate presence; Interlocutory orders out of province
2. To enforce order in proceedings before it, A judge of first instance shall have power to hear
or before a person or persons and determine, when within the district though
empowered to conduct a judicial without his province, any interlocutory motion or
investigation under its authority; issue after due and reasonable notice to the
3. To compel obedience to its judgments, parties. On the filing of a petition for the writ
orders and processes, and to the lawful of habeas corpus or for release upon bail or
orders of a judge out of court, in a case reduction of bail in any Court of First Instance, the
pending therein; hearings may be had at any place in the judicial
4. To control, in furtherance of justice, the district which the judge shall deem convenient.
conduct of its ministerial officers, and of (Rule 135, Sec. 8, ROC)
all other persons in any manner
connected with a case before it, in every Signing judgments out of province
manner appertaining thereto; Whenever a judge appointed or assigned in any
5. To compel the attendance of persons to province or branch of a Court of First Instance in
testify in a case pending therein; a province shall leave the province by transfer or
6. To administer or cause to be assignment to another court of equal jurisdiction,
administered oaths in a case pending or by expiration of his temporary assignment,
therein, and in all other cases where it without having decided a case totally heard by him
may be necessary in the exercise of its and which was argued or an opportunity given for
powers; argument to the parties or their counsel, it shall be
7. To amend and control its process and lawful for him to prepare and sign his decision in
orders so as to make them conformable said case anywhere within the Philippines. He
to law and justice; shall send the same by registered mail to the clerk
8. To authorize a copy of a lost or destroyed of the court where the case was heard or argued
pleading or other paper to be filed and to be filed therein as of the date when the same
used instead of the original, and to was received by the clerk, in the same manner as
restore, and supply deficiencies in its if he had been present in court to direct the filing
records and proceedings. (Rule 135, Sec. of the judgment. If a case has been heard only in
5, ROC) part, the Supreme Court, upon petition of any of
the parties to the case and the recommendation
Means to carry jurisdiction into effect of the respective district judge, may also authorize
When by law jurisdiction is conferred on a court or the judge who has partly heard the case, if no
judicial officer, all auxiliary writs, processes and other judge had heard the case in part, to continue
other means necessary to carry it into effect may hearing and to decide said case notwithstanding
be employed by such court or officer; and if the his transfer or appointment to another court of
procedure to be followed in the exercise of such equal jurisdiction. (Rule 135, Sec. 9, ROC)
jurisdiction is not specifically pointed out by law or
by these rules, any suitable process or mode of
proceeding may be adopted which appears
comfortable to the spirit of the said law or rules.
(Rule 135, Sec. 6, ROC)
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VI. DISQUALIFICATION OF JUDICIAL X. AMICUS CURIAE

OFFICERS/INHIBITION
Experienced and impartial attorneys may be
No judge or other official or employee of the invited by the Court to appear as amici curiae to
superior courts or of the Office of the Solicitor help in the disposition of issues submitted to it.
General, shall engage in private practice as a (Rule 138, Sec. 36, ROC)
member of the bar or give professional advice to
clients. (Rule 138, Sec. 35, ROC)
VII. WITHDRAWAL FROM A CASE
An attorney who appears de parte in a case

before a lower court shall be presumed to
continue representing his client on appeal, unless
he files a formal petition withdrawing his
appearance in the appellate court. (Rule 138, Sec.
22, ROC)
VIII. STANDING IN COURT OF PERSONS

AUTHORIZED TO APPEAR FOR THE
GOVERNMENT
Any official or other person appointed or

designated in accordance with law to appear for
the Government of the Philippines shall have all
the rights of a duly authorized member of the bar
to appear in any case in which said government
has an interest direct or indirect. (Rule 138, Sec.
33, ROC)
IX. GOVERNMENT LAWYERS AND

PRIVATE PRACTICE
No judge or other official or employee of the

superior courts or of the Office of the Solicitor
General, shall engage in private practice as a
member of the bar or give professional advice to
clients. (Rule 138, Sec. 35, ROC)
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H. SUMMARY: COUNTERPART DUTIES OF LAWYERS AND JUDGES UNDER LEGAL AND JUDICIAL
ETHICS
Counterpart Duties of Lawyers and Judges Under Legal and Judicial Ethics
(CPR, New Code of Judicial Conduct, and Code of Judicial Conduct)
Prepared by Atty. Ma. Tanya Karina A. Lat
MATTER LAWYERS JUDGES
• Shall uphold the Constitution, obey Shall uphold and exemplify judicial independence in both its
the laws of the land, and promote individual and institutional aspects (Canon 1, NCJC)
respect for law and for legal
processes (Canon 1, CPR)
Respect for
• Shall not engage in unlawful or
law and legal
deceitful conduct (Rule 1.01, CPR)
processes
• Shall not counsel or abet activities
aimed at defiance of the law or at
lessening confidence in the legal
system (Rule 1.02, CPR)
Shall observe and maintain the respect due • Shall exhibit and promote high standards of judicial
to the courts and to judicial officers, and conduct in order to reinforce public confidence in the
should insist on similar conduct by others Judiciary, which is fundamental to the maintenance of
Respect for (Canon 11, CPR) judicial independence (Canon 1, Sec. 8, NCJC)
the courts • Judges' behavior and conduct 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. (Canon 2, Sec. 2, NCJC)
Shall abstain from scandalous, offensive, or • Shall maintain order and decorum in all proceedings
menacing language or behavior before the before the court (Canon 6, Sec. 6, NCJC)
courts (Rule 11.03, CPR) • Shall be patient, dignified, and courteous in relation to
litigants, witnesses, lawyers, and others with whom
the judge deals in an official capacity (Canon 6, Sec.
Proper 6, NCJC)
conduct and • Shall require similar conduct of legal representatives,
decorum court staff, and others subject to their influence,
direction, or control (Canon 6, Sec. 6, NCJC)
• Should take or initiate appropriate disciplinary
measures against lawyers or court personnel for
unprofessional conduct of which the judge may have
become aware (Rule 3.10, CJC)
Shall not make public statements in the • Shall not knowingly make any comment that might
media regarding a pending case tending to reasonably be expected to affect the outcome of a
arouse public opinion for or against a party proceeding that is before or could come before them,
(Rule 13.02, CPR) or could impair the manifest fairness of the process
(Canon 3, Sec. 4, NCJC)
Publicity
• Shall not make comments in public or otherwise that
might affect the fair trail of any person or issue (Canon
4, Sec. 4, NCJC)
• Should require similar restraint on the part of court
personnel (Rule 3.07, CJC)
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• Should not seek publicity for personal vainglory (Rule

2.02, CJC)
• Shall not state or imply that he is Shall not convey or permit others to convey the impression
able to influence any public official that anyone is in a special position improperly to influence
Undue
or tribunal (Rule 15.06, CPR) them in the performance of judicial duties (Canon 4, Sec. 8,
influence
• Shall not cultivate familiarity with NCJC)
judges (Rule 13.01, CPR)
Shall refrain from impropriety that • Shall avoid impropriety and the appearance of
influences or appears to influence the court impropriety in all their activities (Canon 4, Sec. 1,
(Canon 13, CPR) NCJC)
Impro-priety
• Shall avoid situations which might reasonably give rise
to the suspicion or appearance of favoritism or
partiality (Canon 4, Sec. 3, NCJC)
• Shall not invite interference by • Shall be free and appear to be free from inappropriate
another branch or agency of the connections with, and influence by, the executive and
government in the normal course of legislative branches of government (Canon 1, Sec. 5,
Govern-ment judicial proceedings (Rule 13.03, NCJC)
Interfe-rence CPR) • Shall refrain from influencing the outcome of litigation
• Shall submit grievances against a or dispute pending before another court or
judge to the proper authorities only administrative agency (Canon 1, Sec. 3, NCJC)
(Rule 11.05, CPR)
Shall not represent conflicting interests • Shall disqualify themselves from participating in
(Rule 15.03, CPR) proceedings where they are unable, or appear to be
unable, to decide the matter impartially (Canon 3, Sec.
5, NCJC)
• Shall not participate in the determination of a case in
Conflict of
which any member of their family represents a litigant
interest
or is associated in any manner with the case (Canon
4, Sec. 4, NCJC)
• 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 anyone else (Canon 4, Sec. 8, NCJC)
Unautho-rized Shall not directly or indirectly assist in the Shall not practice law whilst the holder of judicial office
practice of unauthorized practice of law (Canon 9, (Canon 4, Sec. 11, NCJC)
law CPR)
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JUDICIAL ETHICS
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II. JUDICIAL ETHICS DEFINITIONS
TOPIC OUTLINE UNDER THE SYLLABUS: Judicial Ethics

A branch of moral science which treats of the right
JUDICIAL ETHICS and proper conduct and behavior to be observed
A. SOURCES by all judges and magistrates in trying and
1. New Code of Judicial Conduct of the deciding controversies brought before them for
Philippine Judiciary (NCJC) adjudication which conduct and behavior must be
2. Code of Judicial Conduct (CJC) demonstrative of independence, integrity,
3. Canons of Judicial Ethics (CJE) impartiality, equality, propriety, competence and
diligence. (Agpalo, Legal and Judicial Ethics,
B. QUALITIES 2002)
1. Independence
2. Integrity Court
3. Impartiality A board or other tribunal which decides a litigation
4. Propriety or contest. (Hidalgo v. Manglapus, 64 O.G. 3189)
5. Equality
6. Competence and diligence Judge
Any person exercising judicial power, however
C. ADMINISTRATIVE JURISDICTION designated. (New Code of Judicial Conduct
OVER JUDGES AND JUSTICES (hereinafter referred to as “NCJC”))
D. DISQUALIFICATION OF JUDICIAL A public officer who, by virtue of his office, is

OFFICERS clothed with judicial authority. A public officer
1. Compulsory lawfully appointed to decide litigated questions in
2. Voluntary accordance with the law. (People v. Manantan,
G.R. No. 14129, 1962)
E. DISCIPLINE OF MEMBERS OF THE
JUDICIARY De Jure judge
1. Members of the Supreme Court An officer of the law fully vested with all of the
2. Lower court judges and justices powers and functions conceded under the law to
3. Grounds a judge, which relate to the administration of
4. Sanctions imposed by the Supreme justice within the jurisdiction over which he
Court on erring members of the presides. (Lino Luna v. Rodriguez, G.R. No. L-
judiciary 12647, 1917)
A judge who is in all respects legally appointed

and qualified as such and whose term of office has
not expired. (Tayko v. Capistrano, 53 Phil. 872,
1998)
De Facto judge
A judge who in good faith continues and is
recognized by common error after the abolition of
his court by statute is deemed judge de facto of
the new court which succeeds to the jurisdiction of
that presided over by him. (US v. Abalos, 1 Phil.
76, 1901) An officer who is not fully vested with all
of the powers and duties conceded to judges, but
is exercising the office under some color or right.
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(Lino Luna v. Rodriguez, G.R. No. L-12647, 1917) importance in a modern democratic
The acts of a de facto judge are just as valid for all society;
purposes as those of a de jure judge in so far as 3. It is essential that judges, individually and
the public or 3rd persons who are interested collectively, respect and honor judicial office as a
therein are concerned. The decision of a de facto public trust and strive to enhance and maintain
judge cannot be collaterally attacked. confidence in the judicial system.
(Nacionalista Party v. De Vera, G.R. No. L-3474,
December 7, 1949) II. CODE OF JUDICIAL CONDUCT (CJC)
A. SOURCES OF JUDICIAL ETHICS Promulgation and effectivity

The Code of Judicial Conduct was promulgated
If the administration of justice is liberated from by the Supreme Court on September 5, 1989 and
ethical and moral rules, and is left free-wheeling, took effect on October 20, 1989.
judges and magistrates cannot be expected to be
free, independent, honest, diligent and impartial.
The people will lose trust in the Judiciary. When III. CANONS OF JUDICIAL ETHICS (CJE)
the people no longer trust the Judiciary, the
tendency is that they would take the law into their Promulgation and effectivity
own hands. Hence, there is a need for specific The Canons of Judicial Ethics were enacted by
codes on judicial ethics. the Department of Justice in 1946 by way of
Administrative Order No. 162 dated August 1,
I. NEW CODE OF JUDICIAL CONDUCT FOR 1946.
THE PHILIPPINE JUDICIARY (NCJC)
IV. RELATIONSHIP BETWEEN THE NCJC,
Promulgation and effectivity CJC, & CJE
The New Code of Judicial Conduct of the
Philippine Judiciary was promulgated by the The 2004 New Code of Judicial Conduct
Supreme Court on April 27, 2004 and became supersedes the 1946 Canons of Judicial Ethics
effective on June 1, 2004. and the 1989 Code of Judicial Conduct to the
extent that the provisions or concepts therein are
Significance embodied in the New Code. In case of deficiency
The New Code correlates the Code of Judicial or absence of specific provisions in the New
Conduct and the Canons of Judicial Ethics and Code, the Canons of Judicial Ethics and the Code
stresses the Philippines’ solidarity with the of Judicial Conduct apply in a suppletory
universal clamor for a universal code of judicial character.
ethics.
Bangalore Draft as Universal Declaration of
Judicial Standards
The “Bangalore Draft,” as amended, is intended to
be a Universal Declaration of Judicial Standards
applicable in all judiciaries. It is founded on the
following principles:
1. A competent, independent and impartial
judiciary is essential if the courts are to
fulfill their role in upholding
constitutionalism and the rule of law;
2. Public confidence in both the judicial
system and in the moral authority and
integrity of the judiciary is of utmost
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B. QUALITIES thereof can dictate upon the judiciary in

the performance of its judicial duties.
Characteristics of a good judge
A member of the judiciary must be a person of
Summary of judicial duties under Canon 1,
proven competence, integrity, probity, and
Independence
independence. (PHIL. CONST. art. VIII, Sec. 7(3))
1. Judges shall exercise judicial function
independently
Our conception of good judges has been, and is,
2. In performing judicial duties, judges shall be
of men who have a mastery of the principles of
independent from judicial colleagues
law, who discharge their duties in accordance with
3. Judges shall refrain from influencing the
law, who are permitted to perform the duties of the
outcome of litigations and administrative
office undeterred by outside influence, and who
cases
are independent and self-respecting human units
4. Judges shall not allow family, social or other
in a judicial system equal and coordinate to the
relationships to influence judicial conduct.
other departments of the government. (Borromeo
5. Judges shall be free from inappropriate
v. Mariano, G.R. No. L-16808, January 3, 1921)
connections and influence from the executive
and legislative branches.
The rationale behind the high standard of
6. Judges shall be independent in relation to
judicial conduct
society.
A high standard of judicial conduct, not required of
7. Judges shall encourage and uphold
other members of the bar of other professions, is
safeguards for the discharge of judicial duties.
mandated of a judge because he is the
8. Judges shall exhibit and promote high
embodiment of competence, integrity, and
standards of judicial conduct.
independence (Rule 1.01, CJC). He is the visible
representation of the law and justice. (Arban v.
Judge must have enough strength to be
Borja, A.M. No. R-281-RTJ, August 26, 1986)
independent
A Judge should be courageous in his mission to
I. INDEPENDENCE
administer justice. He must be above public
clamor and the lures of personal popularity. He
Canon 1
must be brave enough to displease any man or
INDEPENDENCE is a pre-requisite to the rule of
interest or power, and should render justice
law, and a fundamental guarantee of a fair trial. A
without regard for his personal advantages or
judge shall therefore uphold and exemplify judicial
safety. A judge should be mindful that his duty is
independence in both its individual and
the application of general law to particular
institutional aspects.
instances, that ours is a government of laws and
not of men, and that he violates his duty as a
Independence
minister of justice under such a system if he seeks
Means freedom from the influence, guidance or
to do what he personally considers substantial
control from others. Applied to judicial ethics, it is
justice in a particular case and disregards the
referred to as “JUDICIAL INDEPENDENCE,” and
general law as he knows it to be binding on him.
the freedom of courts from extraneous influences
or control.
Types of independence
Two Prongs of Judicial Independence Judges must avoid inappropriate connections as
1. Individual independence: The judge well as any situation that would give rise to the
must be free from the influences of other impression of the existence of such inappropriate
persons like members of the family and connections.
friends. 1. Independence from public officials —
2. Institutional independence: No other Judges must resist pressure from other
branch of the government or agencies government officials.
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2. Independence from government as a consideration of popularity, remembering instead

whole — Judges must resist pressure that its only guide was the mandate of the law.
from other branches of government (Concurring opinion of Justice Isagani Cruz, Go v.
3. Independence from family, social, or CA, G.R. No. 101837, February 11, 1992)
other relationships — Judges must not
sit in litigation where a near relative is a Judge who gives in to pressure loses her
party or counsel. independence
4. Independence from public opinion — The respondent judge’s confessed act of
The judge’s sole guide must be the succumbing to pressure was a patent betrayal of
mandate of the law. the public trust reposed on her as an arbiter of the
law and a revelation of her weak moral character.
SECTION 1: By her appointment, the public has laid
INDEPENDENT JUDICIAL FUNCTION respondent fit to pass upon the merits of their
varied contentions. They expect her to be unafraid
Sec. 1. Judges shall exercise the judicial function to displease any person, interest or power and to
independently on the basis of their assessment of be equipped with a moral fiber strong enough to
the facts and in accordance with a conscientious resist the temptations lurking in the office.
understanding of the law, free of any extraneous Respondent judge has dismally failed to exhibit
influence, inducement, pressure, threat or the qualities required of those holding such office
interference, direct or indirect, from any quarter or and must therefore be dismissed. (Ramirez v.
for any reason. Corpuz-Macandog, A.M. No. R-351-RTJ,
September 26, 1986)
Relevant provisions of the Code of Judicial
Conduct SECTION 2
Rule 3.02 - In every case, a judge shall endeavor OUTSIDE PRESSURE
diligently to ascertain the facts and the applicable
law unswayed by partisan interests, public opinion Sec. 2. In performing judicial duties, Judges shall
or fear of criticism. be independent from judicial colleagues in respect
Rule 1.03 - The judge should be vigilant against of decisions which the judge is obliged to make
any attempt to subvert the independence of the independently.
judiciary and resist any pressure from whatever
source. Relevant provisions of the Code of Judicial
Conduct
Independent judiciary Canon 1. A judge should uphold the integrity and
An independent judiciary has been described as independence of the Judiciary.
“one free of inappropriate outside influences.” Rule 1.03. A judge should be vigilant against any
Judges frequently experience pressures in the attempt to subvert the independence of the
exercise of their judicial functions. However, it is judiciary and resist any pressure from whatever
only when a judge gives in to pressures from source.
whatever source, that he is deemed to have lost
his independence and is considered unworthy of Resisting of inducements
the position. In the performance of their duties, judges must be
liberated from the influences of their own
Duty not to cater to public opinion colleagues with the decisions they are rendering.
It appears that the trial court has been moved by They must resist the inducements of their own
a desire to cater to public opinion to the detriment colleagues in the judiciary. However, this will not
of the impartial administration of justice. The apply in collegiate courts where there is group
petitioner is portrayed by the media as not exactly deliberation. In group deliberations, the Chairman
a popular person. Nevertheless, the trial court and members have to state their individual
should not have been influenced by the irrelevant
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positions on the issues, with the intention to sway Sec. 2 and 3 intend to prevent situations where a
the other members of the collegiate body. judge influences the decision in cases that are not
pending before him. It also aims to prevent
A judge must not be affected by political situations where a judge allows himself to be
interests influenced by another judge.
In every case, the judge should endeavor to
ascertain the facts and the applicable laws However, if the consultation with a colleague is
unswayed by partisan or personal interests, public purely on an academic or hypothetical basis, and
opinion or fear or criticism. The judge should not the judge does not surrender his or her
have allowed himself to be swayed in issuing an independent decision making, there can be no
order fixing bail for the temporary release of the breach of Sec. 2 and 3 of the Code.
accused charged with murder, without a hearing.
The fact that one of the counsels staged a rally Following these, judges must not influence the
demanding the issuance of warrants of arrest is outcome of a litigation pending in another court or
not an excuse for the unjustified haste of the judge administrative agency.
to fix bail without a hearing. (Libarios v. Dabalos,
A.M. No. RTJ -89-286, July 11, 1991) Relevant provision of the Code of Judicial
Conduct
Similarly, when the litigant is a family member of Rule 2.04 - A Judge shall refrain from influencing
a national official, the judge should not be in any manner the outcome of litigation or dispute
frightened into deciding a certain way. By her pending before another court or administrative
appointment to the office, the public has laid on agency.
respondent their confidence that she is mentally
and morally fit to pass upon the merits of their Sub judice rule
varied contentions. For this reason, they expect Sub judice is a Latin term which refers to matters
her to be fearless in her pursuit to render justice, under or before a judge or court; or matters under
to be unafraid to displease any person, interest or judicial consideration. In essence, the sub
power and to be equipped with a moral fiber judice rule restricts comments and disclosures
strong enough to resist the temptations lurking in pertaining to pending judicial proceedings. The
her office. (Ramirez v. Corpus-Macandog, A.M. restriction applies to litigants and witnesses, the
No. R-351-RTJ, September 26, 1986) public in general, and most especially to members
of the Bar and the Bench. (Re: Republic v.
Bribes Sereno, A.M. No. 18-06-01-SC, July 17, 2018)
In the case of Tan v. Rosete, the judge did not
merely accept a bribe; rather, the judge had Rationale behind the sub judice rule
demanded money from the litigant in order of the What is, thus, sought to be protected is the all-
case to be dismissed against the same. There, the important duty of the court to administer justice in
Supreme Court had suspended the judge as the decision of a pending case. The specific
penalty for her partiality. (Tan v. Rosete, A.M. No. rationale for the sub judice rule is that courts, in
MTJ-04-1563, September 8, 2004) the decision of issues of fact and law should be
immune from every extraneous influence; that
SECTION 3 facts should be decided upon evidence produced
INFLUENCING THE OUTCOME OF in court; and that the determination of such facts
LITIGATION should be uninfluenced by bias, prejudice or
sympathies. (Marantan v. Diokno, G.R. No.
Sec. 3. Judges shall refrain from influencing in 205956, February 12, 2014)
any manner the outcome of litigation or dispute
pending before another court or administrative What constitutes sub judice
agency. For a comment to be considered as contempt of
court "it must really appear" that such does
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impede, interfere with and embarrass the 1996) The rule of non-interference is also not
administration of justice. What is, thus, sought to applicable where the judge of a branch of the court
be protected is the all-important duty of the court issues a writ of preliminary injunction to enjoin the
to administer justice in the decision of a pending sheriff from carrying out an order of execution
case. The specific rationale for the sub judice rule issued in another case by the judge of another
is that courts, in the decision of issues of fact and branch of the same court. (Luciano v. Provincial
law should be immune from every extraneous Governor of Rizal, G.R. No. L-30306, June 20,
influence; that facts should be decided upon 1969)
evidence produced in court; and that the
determination of such facts should be Judge shall not demean other judges
uninfluenced by bias, prejudice or sympathies. A Judge should not boast that he is personally
(Romero v. Estrada, G.R. No. 174105, April 2, writing, editing and finalizing his decisions for
2009) promulgation, implying that others do not do so
personally. (Guintu v. Lucero, A.M. No. MTJ-93-
Sub judice in the case of Sereno 794, August 23, 1996)
Sereno unquestionably directed her statements to
the merits of the quo warranto case, to influence Judge shall respect orders, resolutions and
the public and the Members of the Court, and to decisions of higher courts
attack the dignity and authority of the institution. It would seem hardly necessary to add that judges
Perhaps, to an unwilling mind, it may be argued should respect the orders and decisions of an
that the public statements expressed by appellate court. Refusal to honor an injunctive
respondent were without the intention of order of the Supreme Court constitutes contempt.
prejudging the matters or issues that are before (Barrera v. Barrera, G.R. No. L-31589, July 31,
the Court. However, a scrutiny thereof clearly 1970) Judges should respect resolutions of the
demonstrates that her statements went beyond Supreme Court. (Hernandez v. Colayco, G.R. No.
the supposed arguments and contentions L-39800, June 27, 1975)
contained in her pleadings. (Re: Republic v.
Sereno, A.M. No. 18-06-01-SC, 2018) Undue interference by judges during
presentation of evidence
Judge shall not interfere with orders of other A judge may properly intervene to expedite and
courts of co-equal jurisdiction prevent unnecessary waste of time. (Domanico v.
As a general rule, judges are not allowed to CA, G.R. No. L-38139, May 16, 1983) He may
interfere with the orders or decisions of courts of intervene to propound clarificatory questions
co-equal jurisdiction. (PDCP Development Bank (People v. Muit, G.R. No. L-48875, October 21,
v. Vestil, A.M. No. RTJ-96-1354, November 21, 1982), and not to ask searching questions after
1996) A becoming modesty of inferior courts the witness has given direct testimony. The
demands realization of the position that they judge’s questions should only be for clarification
occupy in the interrelation and operation of the and not to build the case for one of the parties.
integrated judicial system of the nation. (People v. (Valdez v. Aquilizan, G.R. No. L-67411-24,
Vera, G.R. No. L-45685, November 16, 1937) In October 31, 1984)
effect, a judge cannot issue a TRO, writ of
injunction (PDCP Development Bank v. Judge What constitutes undue interference by a
Augustine Vestil, A.M. No. RTJ-96-1354, judge in the presentation of evidence?
November 21, 1996), nor certiorari, prohibition or As a general rule, clarificatory questions are
mandamus against a co-equal court. allowed for a full and clear understanding of the
facts.
As exception, however, a judge may revoke the
orders of another judge in a litigation Under our system of legal procedure where he is
subsequently assigned to him. (Washington judge of both the law and the facts, it is often
Distillers, Inc. v. CA, G.R. No. 118151, August 22, expedient or even necessary in the due and
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faithful administration of justice for the presiding SECTION 4

judge, in the exercise of sound discretion, to INFLUENCE ON JUDICIAL CONDUCT
question a witness in order that his judgment may
rest upon a full and clear understanding of the Sec. 4. Judges shall not allow family, social, or
clarificatory facts. (People v. Adora, G.R. Nos. other relationships to influence judicial conduct or
116528-31, July 14, 1997) judgment. The prestige of judicial office shall not
be used or lent to advance the private interests of
As exception, there will be undue interference if others, nor convey or permit others to convey the
the judge will extensively propound questions to impression that they are in a special position to
the witnesses, which will have the effect of or will influence the judge.
tend to build or bolster the case for one of the
parties. Such intervention will betray the personal Relevant provisions of the Code of Judicial
interest and partiality of the judge. There is also Conduct and Canons of Judicial Ethics
undue interference when the judge propounds Rule 2.03 - A judge shall not allow family, social,
questions which are searching questions after the or other relationships to influence judicial conduct
witness had given direct testimony. When a judge or judgment. The prestige of judicial office shall
assumes the dual role of magistrate and not be used or lent to advance the private interests
advocate, the cold neutrality of an impartial judge of others nor convey or permit others to convey
requirement of due process was denied. the impression that they are in a special position
(Tabuena v. Sandiganbayan, G.R. Nos. 103501- to influence the judge. (CJC)
03, February 17, 1997)
CJE Canon 12. Kinship or influence of parties
Reasons for the rule against undue and counsel - A judge should not, unless it is
Interference unavoidable, sit in litigation where a near relative
A judge must not only be impartial but must also is a party or of counsel; and he should not suffer
appear impartial. If he propounds questions to his conduct to create the impression that any
witnesses for some purposes (other than person can unduly influence him or enjoy his
clarification of some obscure points, or to promote favor, or that he is affected by rank, position, or
justice or to prevent waste of time) he will come influence of any party.
out biased against or partial in favor of a party.
Actuations of judges must always be beyond Judge’s family
suspicion and reproach. (Dela Cruz v. Bersamira, 1. Judge’s spouse, son, daughter, son-in-
A.M. No. RTJ-00-1567, January 19, 2001) law, daughter-in-law, and
2. Any other relative by consanguinity or
Judge should not interrupt counsel in their affinity within the 6th civil degree, or
arguments 3. Person who is a companion or employee
A judge should avoid interruptions of counsel in of the judge and who lives in the judge’s
their arguments except to clarify his mind as to household. (Definitions, NCJC)
their positions, and he should not be tempted to
an unnecessary display of learning or a premature "Family” extends to the sixth civil degree
judgment. (Canon 14, CJE) Under the New Code of Judicial Conduct, the term
“family” is extended beyond the nuclear members
Judge should not compel accused to of the family, to include those related by blood
personally cross-examine witnesses against (consanguinity) or marriage (affinity) up to the
him. sixth civil degree, as well as those who belong to
It is improper for a judge to compel an accused the judge’s employ and are living in his household.
whose lawyer is absent and who admits he is not These familial ties may not influence a judge in his
skilled to handle his own trial to cross-examine the or her discharge of judicial duties.
prosecution witnesses. (Olaivar v. Singco, A.M.
45-MJ, March 29, 1974)
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It should be noted that when a judge is related to

one of the parties within the sixth degree of Judge shall not permit any person to convey
consanguinity or affinity, his disqualification is the impression that the latter has special
mandatory. This provision is intended to ensure influence over him
that judges are spared from potential influence of A Judge should have inhibited himself in a case
family members by disqualifying them even before where the counsel appearing before him is a
any opportunity for impropriety presents itself. counsel of the judge’s family. For not inhibiting
himself immediately, the judge created the
This gives instruction to judges not to allow their impression upon the complainant and the public
family members, friends and associates to that the counsel’s client was in a position to
influence them in their judicial conduct or influence him. (Socorro Yulo-Tuvilla v. Judge
judgment. Also importantly, a judge should ensure Balgos, A.M. No. MTJ-98-1149, March 31, 1998)
that his family members, friends and associates
refrain from creating the impression that they are SECTION 5
in a position to influence the judge. (Annotated INDEPENDENCE FROM EXECUTIVE AND
New Code of Judicial Conduct for the Philippine LEGISLATIVE
Judiciary, ABA-ROLI, 2007)
Sec. 5. Judges shall not only be free from
Otherwise, the judge risks undermining public appropriate connection with, and influence by, the
confidence not just in him or herself, but in the executive and legislative branches of government,
entire judicial institution. (ABA-ROLI, 2007) but must also appear to be free therefrom to a
reasonable observer.
Judge must insulate himself from extraneous
influences in the performance of his duties Freedom from institutional influences
A judge, like any other human being, lives in Judges must be vigilant in guarding their
continuous interpersonal relationships in the independence against corroding influences
family. Whatever is the binding thread of all his emanating from the other branches of the
relationships, a judge should not allow it to government. They must not succumb to the undue
influence his judicial conduct and performance of pressures of high government officials. The only
duties. He should insulate himself from these pressure they must respect is pressure or dictate
influences so that he can dispose cases solely on of the law. (Garcia v. Bueser, A.M. No. RTJ-03-
the basis of the evidence and the law. 1792, March 10, 2004)
Judge shall not use his chambers as family It is absolutely essential to the proper
residence administration of justice that courts have full
A judge shall not use his chambers as his family’s control over the official actions of those through
residence, even with the Governor’s permission. whom the administration of the affairs of the court
(Presado v. Genova, A.M. No. RTJ-91-657, June precedes. For judicial independence to be a
21, 1993) reality, the least interference by or influence from
other governmental departments is of the
Judge shall not lend the prestige of his office essence. Only this Court has the authority to order
to others a personnel accounting of locally-funded
When a judge allowed himself to be dragged into employees assigned in the lower courts to
what was purely private matter between feuding determine the necessity of their detail. (Alfonso v.
families, he is guilty of misconduct. By attending Alonzo-Legasto, A.M. No. MTJ 94- 995,
barangay conciliation proceedings and September 5, 2002)
introducing himself as the Executive Judge, the It is desirable that the judge should, as far as
judge lent the prestige of his office to the party. reasonably possible, refrain from all relations
(Marces, Sr. v. Arcangel, A.M. No. RTJ-91-712, which would normally tend to invoke suspicion
July 9, 1996) that such relations warp or bias his judgment, and
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prevent an impartial attitude of mind in the SECTION 7

administration of judicial duties. (ABA-ROLI, SAFEGUARDS FOR JUDICIAL
2007) INDEPENDENCE
“A judge shall not accept appointment or Sec. 7. Judges shall encourage and uphold
designation to any agency performing quasi- safeguards for the discharge of judicial duties in
judicial or administrative functions.” (Rule 5.09, order to maintain and enhance the institutional
CJC) and operational independence of the judiciary.
SECTION 6 Judicial safeguards

INDEPENDENCE FROM SOCIETY AND Judges, in the performance of their duties, must
PARTICULAR PARTIES always ensure that outside forces shall not be
permitted to derail or undermine the
Sec. 6. Judges shall be independent in relation to independence of the judiciary. They are expected
society in general and in relation to the particular to defend the integrity of the courts whenever
parties to a dispute which he or she has to unjustified attacks are hurled at it.
adjudicate.
SECTION 8
Relevant provision of the Canons of Judicial PROMOTE PUBLIC CONFIDENCE
Ethics
Canon 30. Social Relations. It is not necessary Sec. 8. Judges shall exhibit and promote high
to the proper performance of judicial duty that standards of judicial conduct in order to reinforce
judges should live in retirement or seclusion; it is public confidence in the judiciary which is
desirable that, so far as the reasonable attention fundamental to the maintenance of judicial
to the completion of their work will permit, they independence.
continue to mingle in social intercourse, and that
they should not discontinue their interests in or Secs. 7 and 8 tell judges what to do in order to
appearance at meetings of members of the bar. A maintain and enhance judicial independence:
judge should, however, in pending or prospective Sec. 7 requires judges to encourage and uphold
litigation before him be scrupulously careful to safeguards for the discharge of judicial duties to
avoid such action as may be reasonable tend to maintain and enhance judicial independence,
weaken the suspicion that his social or business while Sec. 8 focuses on inspiring public
relations or friendships constitute an element in confidence. They are intended to serve as catch-
determining his judicial course. all provisions for all other acts that would
guarantee the independence of the judiciary, but
Individual or personal independence which may not have been covered in the specific
Judges must exhibit reasonable disinterest from instances mentioned in the earlier provisions
the members of the community, particularly (ABA-ROLI, 2007)
persons with pending or impending controversies
in their courts. Deliberate disinterest or aloofness, Relevant provision of the Code of Judicial
which is a self-imposed exclusion, is one of the Conduct
high prices they must pay when they were Rule 2.01 - A judge should so behave at all times
recommended and successfully appointed by the as to promote public confidence in the integrity
President of the Philippines, along with the right to and impartiality of the Judiciary.
hold it in decent pride until retirement.
Judges shall not blindly obey the orders of
even the highest offices of the land
Judges should emulate the great common-law
jurist who made clear that he would not just blindly
obey the King’s order but will do what becomes of
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him as a judge. (Dela Llana v. Alba, G.R. No. L- Summary of the duties of a judge under Canon
57883, March 12, 1982) 2, Integrity:
1. Judges shall ensure that not only is their
What may be considered as improper acts, conduct above reproach but that it is
according to jurisprudence perceived to be so in the view of a
1. When an RTC judge wrote a letter to an reasonable observer.
MTC judge over which he exercised 2. The behavior and conduct of judges must
supervision, telling the latter to promptly reaffirm the people’s faith in the integrity
hear and decide a case, or acquit, the of the judiciary. Justice must not merely
Supreme Court held such RTC judge be done, but must also be seen to be
guilty of serious misconduct for undue done.
interest, in violation of the Code of 3. Judges should take or initiate disciplinary
Judicial Conduct (Sabistana v. Villamor, measures against lawyers or court
A.M. No. 90-474, October 4, 1991) personnel for any unprofessional conduct
2. Where an executive judge was request by of which the judge may have become
a part to go to a barangay conciliation aware.
proceeding, and he introduced himself as
the executive judge in the area, the Judges must be exemplars in the community
Supreme Court deemed his behavior All trial judges should endeavor to conduct
improper. A judge must refrain from themselves strictly in accordance with the
interfering in any matter in the outcome of mandate of the existing laws and Code of Judicial
a litigation before any court or another Ethics. This means that they be exemplars in their
administrative agency. (Marces v. communities and the living personifications of
Arcangel, A.M. No. RTJ-91-712, July 9, justice and Rule of Law. (SC Circular No. 13, July
1996) 1, 1987)
II. INTEGRITY Judges must be “models of uprightness, fairness

and honesty.” (Rural Bank of Barotac Nuevo, Inc.
Canon 2 vs. Cartagena, A.M. No. 707-MJ, July 21, 1978)
Integrity is essential not only to the proper
discharge of the judicial office, but also to the Judge must have integrity even beyond the
personal demeanor of judges. bench, in their personal lives
A judge who violates marriage obligations under
Relevant provision of the Code of Judicial our laws is liable administratively, as this Court
Conduct protects the credibility of the judiciary in
Rule 1.01 - A judge should be the embodiment of administering justice. It cannot be expected to
competence, integrity and independence. condone misconduct done knowingly on account
of personal reasons, including religious
Integrity expression. (Perfecto v. Esidera, A.M. No. RTJ-
Refers to a steadfast adherence to a strict moral 15-2417, July 22, 2015)
or ethical code. It is the fusion of honesty and
honorableness. When a judge has integrity, it is Behavior of judges
presumed that he has the virtues of impartiality, A judge should, at all times, behave in such a way
propriety, equality, and independence. Moral that promotes public confidence in the integrity
integrity is more than a cardinal virtue. It is a and impartiality of the judiciary. (Vito v. Buslon Jr.,
necessity. (Catbagan v. Barte, A.M. No. MTJ-02- A.M. No. RTJ-94-1160, April 10, 1995)
1452, April 6, 2005)
Standards of Integrity; how measured
The ability to escape the penalties of criminal law
does not amount or satisfy the standards required
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of members of the bench. (Centrum Agri-Business Relevant provision of the Canons of Judicial
Realty Corporation v. Katalbas-Moscardon, A.M. Ethics
No. RTJ-92-880, August 11, 1995) Both in his
public and private life, the judge must live honestly Canon 31. A summary of judicial obligations.
and uprightly, being the visible representation of A judge’s conduct should be above reproach and
the law. He must be an ideal example in the in the discharge of his judicial duties he should be
community. Judges are presumed to be honest conscientious, studious, thorough, courteous,
men of integrity unless proven otherwise. (People patient, punctual, just, impartial, fearless of public
v. Bocar, 97 Phil. 398, July 30, 1955) clamor, and regardless of private influence should
administer justice according to law and should
Rationale for the Canon deal with the patronage of the position as a public
Time and again, this Court has emphasized the trust; and he should not allow outside matters or
high sense of morality, honesty, and fair dealing his private interests to interfere with the prompt
expected and required of members of the Bar. and proper performance of his duties.
Lawyers must conduct themselves with great
propriety, and their behavior must be beyond Conduct of judges must be above reproach
reproach anywhere and at all times, whether they A judge’s official conduct and behavior in the
are dealing with their clients or the public at large. performance of judicial duties should be free from
There can be no distinction as to whether the the appearance of impropriety and must be
transgression is committed in lawyers' private beyond reproach. (Alazas v. Reyes, G.R. No. L-
lives or in their professional capacity, for a lawyer 55808, August 28, 1984) Judges are viewed as
may not divide his personality as an attorney at the visible representations of law and justice, from
one time and a mere citizen at another. (Re: whom the people draw the will and inclination to
Republic v. Sereno, A.M. No. 18-06-01-SC, July obey the law. Their personal behavior, not only on
17, 2018) the bench and in the performance of judicial duties
but also in their everyday lives, should be beyond
SECTION 1 reproach. (Jacinto v. Vallarta, A.M. No. MTJ-04-
CONDUCT ABOVE REPROACH 1541, March 10, 2005)
Sec. 1. Judges shall ensure that not only is their Supreme Court leaks
conduct above reproach, but that is perceived to A certain Justice of the Supreme Court leaked a
be so in the view of a reasonable observer. Supreme Court decision that has not yet been
officially released. In an undated letter, a
Rationale complaint was filed on the ground of misconduct.
To promote public confidence in the integrity and The Supreme Court ruled that the Justice violated
impartiality of the judiciary because the people’s his lawyer’s oath and the CPR. (In re Undated
confidence in the judicial system is founded not Later of Louis Biraogo, A.M. No. 09-2-19-SC,
only on the magnitude of legal knowledge and the February 24, 2009)
diligence of the members of the bench, but also
on the highest standard of integrity and moral Family obligations
uprightness they are expected to possess. It is In a case, the wife of the judge filed an
therefore paramount that a judge’s personal administrative complaint against her own
behavior both in the performance of his duties and husband, named “Ferdinand Marcos,” claiming
his daily life, be free from any appearance of that ever since he was appointed as RTC judge,
impropriety as to be beyond reproach. (Tan v. she no longer received enough support for their
Rosete, A.M. No. MTJ-04-1563, September 8, sustenance and for the children’s education.
2004) Because of this, the Court ruled that the judge
must behave with propriety at all times in order to
promote public confidence in the integrity and
impartiality of the judiciary. A judge’s official life
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cannot simply be detached or separated from his 3. Frequenting casinos and cockfights. (City
personal existence. (In re Complaint of Mrs Rotilla of Tagbilaran v Hontanosas, A.M. No.
Marcos against Judge Ferdinand Marcos, A.M. MTJ-98-1169, January 29, 2002)
No. 97-2-53-RTC, July 6, 2001)
SECTION 2
Above reproach and must appear to be so REAFFIRM PEOPLE’S FAITH
A judge in a case was seen socializing in Mario’s
Restaurant and EDSA Shang with then- Sec. 2. The behavior and conduct of judges must
Congresswoman Venice Agana, the mother of an reaffirm the people’s faith in the integrity of the
accused in a case in his sala. Administrative Judiciary. Justice must not merely be done but
cases were filed against him on the ground of must also be seen to be done.
grave abuse of discretion, when he had decided
in favor of the same accused with whom he is To be free from any suspicion
chummy with. The Court ruled that a judge should A judge has the duty to not only render a just and
avoid impropriety and the appearance of impartial decision, but also render it in such a
impropriety in all his activities. A judge is not only manner as to be free from any suspicion as to its
required to be impartial but he must also appear fairness and impartiality, and also as to the
to be impartial. (Dela Cruz v. Bersamira, A.M. No. judge’s integrity. It is obvious, therefore, that while
RTJ-00-1567, January 19, 2001) judges should possess proficiency in law in order
that they can competently construe and enforce
With regard to professional integrity, judges the law, it is more important that they should act
have been penalized for: and behave in such a manner that the parties
1. Demanding and/or accepting bribes (Tan before them should have confidence in their
v. Rosete, A.M. Np. MTJ-04-1563, impartiality. (Sibayan-Joaquin v. Javellana, A.M.
September 8, 2004); No. RTJ-00-1601, November 13, 2001)
2. Fraternizing with litigants and/or lawyers
(Dela Cruz v. Bersamin, rtj-00-1567, July Judge pays a high price for the honor
24, 2000); bestowed upon him
3. Altering orders (Rallos v. Gako, A.M. No. One who occupies an exalted position in the
RTJ-99-1484, October 24, 2000); administration of justice must pay a high price for
4. Delay in rendering decisions (Fernandez the honor bestowed upon him, that is, his official
v. Hamoy, A.M. No. RTJ-04-1821, conduct must at all times be free from the
August 12, 2004); appearance of impropriety. (Luque v. Kayanan,
5. Sexual harassment of employees (Dawa G.R. No. L-26826, August 29, 1969)
v. De Asa, MTJ-98-1144, July 22, 1998);
and Moral integrity is an indispensable virtue for
6. Ignorance of the law. (Macalintal v. Te, all judges
G.R. No. RTJ-97-1375, October 16, People who run the judiciary, particularly judges
1997) and justices, must not only be experts of
substantive and procedural law, but more
With respect to personal integrity, judges have importantly, they must possess the highest
been penalized for transgressions in their integrity, probity and unquestionable moral
private lives such as: uprightness, both in their public and private lives.
1. Keeping and/or flaunting a mistress (In (Talens-Dabon v. Arceo, A.M. No. RTJ-96-13336,
Re: Judge Marcos A.M. No. 97-2- 53- July 25, 1996)
RTC, July 6, 2001);
2. Inebriated/drunk behavior (Lachica v. Four “IN”s for judges
Flordeliza, A.M. No. MTJ-94-921, March Judges must personify four “IN”s:
5, 1996); and 1. Integrity
2. Independence
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3. Industry SECTION 3
4. Intelligence DISCIPLINARY ACTION
(Community Rural Bank of Guimba, Inc. v.
Talavera, A.M. No. RTJ-05-1909, April 6, 2005) Sec. 3. Judges should take or initiate appropriate
disciplinary measures against lawyers of court
Judge’s behavior should inspire confidence in personnel for unprofessional conduct of which the
the judge’s impartiality judge may have become aware.
While judges should possess proficiency in law in
order that they can competently construe and Judges should not be lenient
enforce the law, it is more important that they Judges should not be lenient in in the
should act and behave in such a manner that the administrative supervision of their employees. A
parties before them should have confidence in judge must ensure that all court personnel
their impartiality. (Tan v. Gallardo, GR No. L- perform efficiently and promptly in the
41213-14, October 5, 1976) administration of justice.
Where a judge is not legally disqualified from The inclination to leniency in the administrative
sitting in a litigation, but suggestion is made of supervision of court employees is an undesirable
record that he might be induced to act in favor of trait. Oftentimes, such leniency provides the court
one party or with bias or prejudice against a employees the opportunity to commit minor
litigant arising out of circumstances reasonable transgressions of the laws and slight breaches of
capable of inciting such a state of mind, he should official duty ultimately leading to vicious
exercise his discretion in a way that the people’s delinquencies. A judge should constantly keep a
faith in the courts of justice should not be watchful eye on the conduct of his employees. He
impaired. (Pimentel v. Salanga, G.R. No. L- should realize that big start small. His constant
27934, September 8, 1967) scrutiny of the behavior of his employees would
deter any abuse on the part of the latter in the
The suspicion of appearance of bias or prejudice exercise of their duties. Then, his subordinates
on the part of the part of the judge can be as would know that any misdemeanor will not remain
damaging as actual bias or prejudice, to the public unchecked. The slightest semblance of
convenience and administration of justice. impropriety on the part of the employees of the
(Montemayor v. Bermejo, Jr., AM No. MTJ-04- court, in the performance of their official duties
1535, March 12, 2004) stirs ripples of public suspicion and public distrust
of the judicial administrators. The slightest breach
During the reorganization of the Court of Appeals, of duty by and the slightest irregularity in the
justices had manipulated who would be assigned conduct of court officers and employees detract
to divisions in order to get cases where they have from the dignity of the courts and erode the faith
a certain amount of influence. The Supreme Court of the people in the judiciary. (Buenaventura v.
declared that the Judiciary is acclaimed as the Benedicto, A.C. No. 137-J, March 27, 1971)
firmest of the democratic institution. For judicial
decisions to be credible instruments in the III. IMPARTIALITY
peaceful and democratic resolution of conflicts,
the courts must be perceived to be impartial, Canon 3 - Impartiality is essential to the proper
independent, competent, and just. (Re: Letter of discharge of the judicial office. It applies not only
Presiding Judge Conrado M. Vasquez Jr, A.M. to the decision itself but also to the process by
No. 08-8-11-CA, September 9, 2008) which the decision is made.
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SECTION 1 homicide. However the judge refused to impose

JUDICIAL DUTIES FREE FROM BIAS the mandatory death penalty under Republic Act
No. 7659. The Supreme Court ruled that the judge
Sec. 1. Judges shall perform their judicial duties acted with grave abuse of discretion in imposing
without favor, bias or prejudice. reclusion perpetua where the law clearly imposes
the penalty of death. (People v. Veneracion, G.R.
Cold neutrality of a judge Nos. 119987-88, October 12, 1995)
A litigant is entitled to nothing less than the cold
neutrality of a judge. Due process requires it. SECTION 2
(Parayno v. Meneses, April 26, 1994) PROMOTE CONFIDENCE, IMPARTIALITY
Judge must be free from inclinations or Sec. 2. Judges shall ensure that his or her
prejudices conduct, both in and out of court, maintains and
The underlying reason for the rules on enhances the confidence of the public, the legal
disqualification is to ensure that a judge, sitting in profession and litigants in the impartiality of the
a case, will at all times be free from inclinations or judge and of the judiciary.
prejudices and be well capable to render a just
and independent judgment. Undue interference
There is undue interference where the judge's
Bare allegations of partiality are not enough participation in the conduct of the trial tends to
Bare allegations of partiality and prejudgment will build or to bolster a case of one of the parties,
not suffice (Dimo Realty & Dev. Inc. v. such as when he orders the presentation of
Dimaculangan, March 11, 2004). A judge's specific documentary evidence without motion
conduct must be clearly indicative of arbitrariness from any party or without participation of the
and prejudice before it can be stigmatized as parties as in the case of Ty v. Banco Filipino
biased and partial. (Cruz v. Iturralde, April 30, Savings and Mortgage Bank (G.R. 149797-98,
2003) February 13, 2004). However, it is within the
sound discretion of the trial judge to ask questions
Extrajudicial source rule from witnesses, if only to clarify what may appear
Bias and prejudice must be shown to have to be vague points in the narration. Questions
resulted in an opinion on the merits on the basis designed to avoid obscurity in the testimony and
of an extrajudicial source, not on what the judge to elicit additional relevant evidence are not
learned from participating in the case. As long as improper. (Paco et al. v. Quilala, A.M. No. RTJ-
opinions formed in the course of judicial 02-1699, October 15, 2003)
proceedings are based on the evidence presented
and the conduct observed by the magistrate, such A judge should behave at all times in a way that
opinion – even if later found to be erroneous – will promotes public confidence in the integrity and
not prove personal bias or prejudice on the part of impartiality of the judiciary. The appearance of
the judge. While palpable error may be inferred bias or prejudice can be as damaging to public
from the decision or the order itself, extrinsic confidence and the administration of justice as
evidence is required to establish bias, bad faith, actual bias or prejudice. (Montemayor v. Bemejo,
malice or corrupt purpose. (Gochan v. Gochan, A.M. No. MTJ-04-1535, March 12, 2004)
G.R. No. 143089, February 27, 2003)
SECTION 3
Personal opinion on penalties MINIMIZE INSTANCES OF
A 7-year old girl was found raped and killed under DISQUALIFICATIONS
circumstances “so bizarre and devoid of humanity
as to horrify and numb the senses of all civilized Sec. 3. Judges shall, so far as reasonable, so
men.” The perpetrators were found guilty beyond conduct themselves as to minimize the occasions
reasonable doubt of the crime of rape with
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on which it will be necessary for them to be Jurisprudence on judges making public

disqualified from hearing or deciding cases. comments on pending cases:
In Martinez v. Gironella (G.R. No. L-37635, July
Judges should avoid activities or occasions 22, 1975), a judge was disqualified from trying a
which will increase possibility of being murder case against the accused (as principal),
disqualified in a hearing because, in a decision in a prior case involving an
Fraternization with practicing lawyers and litigants alleged accessory, he stated that the accused in
is replete with detriments and drawbacks in the the present case committed the crime.
administration of justice. (Agpalo, Legal and
Judicial Ethics, 636-638, 2009) In Palang v. Zosa (G.R. No. L-38229, August 30,
1974), the judge, in deciding a previous estafa
Necessity case, stated that the charge was a “clear
The rule of disqualification of judges must yield to concocted story” which caused great damage to
demands of necessity. Simply stated, the rule of the accused. When a case for damages was filed
necessity means that a judge is not disqualified to by the accused against the complainant in the
sit in a case if there is no other judge available to estafa case, the judge voluntary inhibited himself.
hear and decide the case. (46 Am. Jur. 2d Judges The Supreme Court stated that the judge’s
§ 89, 1969) inhibition reinforced public faith in the impartial
administration of justice.
SECTION 4
PUBLIC COMMENTS ON PENDING AND In Gutierrez vs. Santos (G.R. No. L-15824, May
IMPENDING CASES 30, 1961), a judge’s act of recusing himself from
presiding over a case was upheld by the Supreme
Sec. 4. Judges shall not knowingly, while a Court on the ground that while he was still in
proceeding is before or could come before them, private practice, the judge had expressed an
make any comment that might reasonably be opinion concerning an issue that would unduly
expected to affect the outcome of such benefit one of the parties. However, more
proceeding or impair the manifest fairness of the recently, the Supreme Court has held that judges
process. Nor shall judges make any comment in and justices are not disqualified from participating
public or otherwise that might affect the fair trial of in a case simply because they have written legal
any person or issue. articles on the law involved in the case. (Chavez
v. Public Estates Authority, G.R. No. 133250, May
This section warns judges against making any 6, 2003)
comment that might reasonably be expected to
affect the outcome of the proceedings before Judge informing parties of weakness of one’s
them or "impair the manifest fairness of the case evidences partiality
process.” (ABA-ROLI, 2007) When a judge, in the secrecy of his chambers,
informs the parties of the weakness of one’s case,
Relevant provisions of the Code of Judicial such party could no longer be expected to have
Conduct faith in his partiality. They could very well
Rule 2.02 - A judge should not seek publicity for conclude that there was prejudgment. (Castillo v.
personal vainglory. Juan, GR. No. L-39516-17, January 28, 1975)
Rule 3.07 - A judge should abstain from making
public comments on any pending or impending SECTION 5
case and should require similar restraint on the MANDATORY AND COMPULSORY
part of court personnel. DISQUALIFICATIONS
Sec. 5. Judges shall disqualify themselves from

participating in any proceedings in which they are
unable to decide the matter impartially or in which
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it may appear to a reasonable observer that they parties in interest, signed by them and entered
are unable to decide the matter impartially. Such upon the record.
proceedings include, but are not limited to,
instances where: (PL-EE-RR-F) A judge may, in the exercise of his sound
1. The judge has actual bias or prejudice discretion, disqualify himself from sitting in a case,
concerning a party or Personal for just or valid reasons other than those
knowledge of disputed evidentiary facts mentioned above.
concerning the proceedings;
2. The judge previously served as a Lawyer Note: Disqualifications of justices and judges
or was a material witness in the matter in under Rule 137 shall be discussed in a
controversy; subsequent section of this reviewer.
3. The judge, or a member of his or her
family, has an Economic interest in the Relevant provision of the Code of Judicial
outcome of the matter in controversy; Conduct
4. The judge served as Executor, Rule 3.12 - A judge should take no part in a
administrator, guardian, trustee or lawyer proceeding where the judge's impartiality might
in the case or matter in controversy, or a reasonably be questioned.
former associate of the judge served as
counsel during their association, or the SECTION 6
judge or lawyer was a material witness PERMITTAL OF DISQUALIFICATION
therein;
5. The judge’s Ruling in a lower court is the Sec. 6. A judge disqualified as stated above may,
subject of review; instead of withdrawing from the proceeding,
6. The judge is Related by consanguinity or disclose on the records the basis of
affinity to a party litigant within the sixth disqualification. If, based on such disclosure, the
civil degree or to counsel within the fourth parties and lawyers, independently of the judge’s
civil degree; or participation, all agree in writing that the reason
7. The judge knows that his or her spouse or for the inhibition is immaterial or unsubstantial, the
child has a Financial interest, as heir, judge may then participate in the proceeding. The
legatee, creditor, fiduciary, or otherwise, agreement, signed by all parties and lawyers,
in the subject matter in controversy or in shall be incorporated in the record of the
a party to the proceeding, or any other proceedings.
interest that could be substantially
affected by the outcome of the Relevant provision of the Code of Judicial
proceedings. Conduct
Rule 3.13 - A judge disqualified by the terms of
In relation to Rule 137, Sec. 1, on Rule 3.12 may, instead of withdrawing from the
disqualification of judges. proceeding, disclose on the record the basis of
No judge or judicial officer shall sit in any case in disqualification. If, based on such disclosure, the
which he, or his wife or child, is pecuniarily parties and lawyers independently of judge's
interested as heir, legatee, creditor or otherwise, participation, all agree in writing that the reason
or in which he is related to either party within the for the inhibition is immaterial or insubstantial, the
sixth degree of consanguinity or affinity, or to judge may then participate in the proceeding. The
counsel within the fourth degree, computed agreement, signed by all parties and lawyers,
according to the rules of the civil law, or in which shall be incorporated in the record of the
he has been executor, administrator, guardian, proceeding.
trustee or counsel, or in which he has presided in
any inferior court when his ruling or decision is the
subject of review, without the written consent of all
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Requisites for decision to continue hearing Canon 3. Avoidance of appearance of

cases impropriety. A judge's official conduct should be
The decision to continue hearing the case, despite free from the appearance of impropriety, and his
the existence of reasons for disqualification personal behavior, not only upon the bench and in
should be: (1) coupled with a bona fide disclosure the performance of judicial ethics, but also in his
to the parties-in- litigation, and (2) subject to everyday life, should be beyond reproach.
express acceptance by all the parties of the cited The Supreme Court held that it was improper for
reason as not material or substantial; absent a judge to visit jails and to confer with inmates who
these two, the judge may not be permitted to have pending cases before her. The Court has
continue hearing the case. The basis of the consistently enjoined judges to avoid not just
disqualification should be disclosed, not mere impropriety in their conduct but even the mere
“personal reasons.” (ABA, 2007) appearance of impropriety. The appearance of
bias or prejudice can be damaging as actual bias
Notice of inhibition or prejudice to the public’s confidence on the
The Court held that there is nothing in Rule V or Judiciary’s role in the administration of justice.
in any other part of the Internal Rules of the Court (Prosecutors Casar, et al. v. Soluren, A.M. No.
of Appeals that specifically requires that the party- RTJ-12-2333, October 22, 2012)
litigants be informed of the mandatory or voluntary
inhibition of a Justice. However, the Court held Acts that are not per se improper
that henceforth all the parties in any action or In prohibiting impropriety and the appearance of
proceedings should be immediately notified of any impropriety, the Code recognizes that even acts
mandatory disqualification or voluntary inhibition that are not per se improper can nevertheless be
of the Justice who has participated in any action perceived by the larger community as precisely
of the court, stating the reason for the mandatory that. (ABA-ROLI, 2007) This is so because the
disqualification or voluntary inhibition. The community holds judges to higher standards of
requirement of notice is a measure to ensure that integrity and ethical conduct than attorneys and
the disqualification or inhibition has not been other persons not invested with public trust. (Oca
resorted to in order to cause injustice to or to v. Estacion Jr., A.M. No. RTJ-87-104, August 23,
prejudice any party or cause. (Re: Letters of 1995)
Judge Eduardo, September 17, 2014)
Judge should be free from any appearance of
IV. PROPRIETY impropriety both in his public and private life
A judge’s official conduct should be free from any
Canon 4 - Propriety and the appearance of appearance of impropriety; and his personal
propriety are essential to the performance of all behavior, not only in the bench and in the
the activities of a judge. performance of his duties, but also in his everyday
life, should be beyond reproach. (Office of the
Propriety Court Administrator v. Duque, A.M. P-05-1958,
Propriety is the conformity to prevailing customs February 7, 2005)
and usage.
A conflict between a woman and her domestic
SECTION 1 helper had ensued, leading the helper to turn to
AVOIDANCE OF IMPROPRIETY Mrs Marces for assistance. Mrs Marces
confronted the amo, leading to a colorful
Sec. 1. Judges shall avoid impropriety and the exchange of expletives and invectives. They even
appearance of impropriety in all of their activities. threw turkeys at each other. After a long-winded
dramatic saga, the case reached the court. The
Relevant provision of the Canons of Judicial judge in that case had issued warrants. When
Ethics asked why he did so, it turns out that he had only
done so at the bequest of Judge Arcangel. Before
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the Court, Judge Arcangel was found to guilty for might be viewed as burdensome by the ordinary
causing the issuance of the warrants of another citizen and should do so freely and willingly. In
judge, and for being improper in his conduct. The particular, judges shall conduct themselves in a
Court had reasoned that as a judge, he is the way that is consistent with the dignity of the
visual representation of the law, and the judicial office.
intermediary between conflicting interests.
(Marces Sr. v. Arcangel, A.M. RTJ-91-712, July 9, Acts of judges must conform with the dignity
1996) of the judicial office
As judges are occupying exalted positions, they
Instances of impropriety must exercise some restraint freely and willingly
The judge’s personal perception of impropriety is to prevent unnecessary criticisms of
irrelevant. (Vidal v. Dojilo, A.M. No. MTJ-05-1591, condemnations (Padilla v. Zantua, A.M. No. MTJ-
July 14, 2005) Thus, acts of judges which are not 93-88, October 24, 1994). Avoidance of
illegal may still violate the Code. Examples improprieties, which require some personal
include: sacrifices, is essential for judges because in the
1. Hearing cases on the day when the judge end, if their dispensation of justice is perceived fair
was supposed to be on official leave (Re: and acceptable, they contribute a lot to the
Anonymous Complaint Against Acuña, maintenance of peace and order in the
A.M. No. RTJ-04-1891, July 28, 2005); community.
2. Hearing a motion while on vacation in the
judge’s room dressed in a polo jacket As subjects of constant public scrutiny,
(Ignacio v. Valenzuela, A.C. No. 2252- personal restrictions should be accepted
CFI, January 18, 1982); As subjects of constant public scrutiny, personal
3. Coming out of a hotel together with a restrictions that might be viewed as burdensome
subordinate, even when there is no clear by the ordinary citizen should be freely and
evidence of sexual congress (Liwanag v. willingly accepted by a judge. In particular, he or
Lustre, A.M. No. MTJ-98-1168, April 21, she must exhibit conduct that is consistent with
1999); the dignity of the judicial office. Dignified conduct
4. Making a joking remark to a litigant is best described as conduct befitting men and
suggesting for the latter to prove that he women possessed of temperance and respect for
harbored no ill feelings toward the judge the law and for others.
(Co v. Plata, A.M. No. MTJ-03-1501,
March 14, 2005); Indeed, a judge’s personal behavior, not only
5. Admonishing the bride and the groom, while in the performance of official duties, must be
after conducting a marriage ceremony, to beyond reproach, being the visible personification
sexually satisfy each other so that they of law and of justice. (Re: Anonymous Complaint
will not go astray (Hadap v. Lee, A.M. No. Against Acuña, July 28, 2005)
1665-MJ, June 19, 1982);
6. Issuing a bouncing check, even if not In the case of Lorenzana v. Austria (A.M. No. RTJ-
within the scope of his function or office 09-2200, April 2, 2014), a judge who publicly
as judge (Mendoza v. Diasen, Jr., A.M. posted her personal details along with suggestive
No. MTJ-17-1900 (Resolution), August 9, pictures of her wearing off-shoulder attire on
2017) Friendster, a social networking website, was
admonished for acts of impropriety and conduct
unbecoming of a judge.
SECTION 2
ACCEPTANCE OF PERSONAL
SECTION 3
RESTRICTIONS
AVOIDANCE OF CONTROVERSY
Sec.. 2. As a subject of constant public scrutiny,
Sec. 3. Judges shall, in their personal relations
judges must accept personal restrictions that
with individual members of the legal profession
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who practice regularly in their court, avoid integrity. The purpose is to preserve the people’s
situations which might reasonably give rise to the faith and confidence in the courts of justice. (ABA
suspicion or appearance of favoritism or partiality. -ROLI, 2007)
Judges must be mindful to avoid controversy When a member of the judge’s family represents
A judge is commanded at all times to be mindful a litigant, he must disqualify himself.
of the demand of a dispassionate and impartial
arbiter expected at all times to be a “cerebral man Relevant provision of the Code of Judicial
who deliberately holds in check the tug and pull of Conduct
purely personal preferences which he shares with Rule 3.12 - A judge should take no part in a
his fellow mortals.” (Oca v. Paderanga, supra) proceeding where the judge's impartiality might
Judges should refrain from inviting counsel for reasonably be questioned. These cases include
one side into their chambers after or prior to among others, proceedings where: (PERRF)
sessions in court without disclosing to the other 1. The judge has Personal knowledge of
counsel the reason for such meetings, (Martinez disputed evidentiary facts concerning the
v. Gironella, 1975); being aggressive in demeanor proceeding;
towards a lawyer appearing before them, (Royeca 2. The judge served as Executor,
v. Aminas, G.R. No. L-39584, May 3, 1976); and administrator, guardian, trustee or lawyer
making public comments, or allowing court staff to in the case or matter in controversy, or a
make comments, on pending cases. (Geotina v. former associate of the judge served as
Gonzales, G.R. No. L-26310, September 30, counsel during their association, or the
1971) judge or lawyer was a material witness
therein;
Fraternizing with lawyers 3. The judge's Ruling in a lower court is the
Constant company (or fraternizing) with a lawyer subject of review;
tends to breeds a dangerous intimacy, that might 4. The judge is Related by consanguinity or
lead in the future to the judge’s inability to refuse affinity to a party litigant within the sixth
to the lawyer’s favors. Moreover, the actuation of degree or to counsel within the fourth
a judge of eating and drinking in public places with degree;
a lawyer who has pending cases in his sala may 5. The judge knows the judge's spouse or
well arouse suspicion in the public mind, thus child has a Financial interest, as heir,
tending to erode the trust of the litigants in the legatee, creditor, fiduciary, or otherwise,
impartiality of the judge. (Padilla v. Zantua, A.M. in the subject matter in controversy or in
No. MTJ-93-888, October 24, 1994) a party to the proceeding, or any other
interest that could be substantially
SECTION 4 affected by the outcome of the
NOT PARTICIPATE IN CASES proceeding.
WHERE HE MAY BE PARTIAL
In every instance, the judge shall indicate the legal
Sec. 4. Judges shall not participate in the reason for inhibition.
determination of a case in which any member of
their family represents a litigant or is associated in Judge’s family
any manner with the case. A member of the Judge’s family include: (SC2-RC)
1. Spouse
This rule rests on the principle that no judge 2. Children
should preside in a case where he is not wholly 3. Children-in-law
free, disinterested, impartial and independent. A 4. Any Relative within the 6th civil degree,
judge has both the duty of rendering a just whether by affinity or consanguinity
decision, and the duty of doing it in a manner 5. Companion or employee of the judge
completely free from suspicion as to fairness and who lives in his household
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Relatives deemed covered: (A-ICU) and while not required to surrender his rights or
1. Adopted Child opinions as a citizen, it is inevitable that suspicion
2. Recognized Illegitimate child of being warped by political bias will attach to a
3. First and second Cousins by blood, and judge who becomes the active promoter of the
first and second cousins-in-law interests of one political party against another.
4. Uncles, aunts, nephews and nieces;
grandnephews and grandnieces “A judge is entitled to entertain personal views on
political questions. But to avoid suspicion of
When any one of the relatives of the judge will political partisanship, a judge shall not make
represent a litigant in the case pending before political speeches, contribute to party funds,
him, the judge must consider inhibiting himself, so publicly endorse candidates for political office or
that the confidence of the people in the judiciary participate in other partisan political activities.”
may not erode. (Garcia v. Burgos, G.R. No. (Rule 5.10, CJC)
124130, June 29, 1998) Even if the relative is not
a representative of a litigant, the judge must still Judges do not lose their rights as citizens
disqualify himself if a relative is associated in any when they perform judicial roles
manner with the case. (Austria v. Masaguel, G.R. When lawyers are appointed as judges, they do
No. L-22536, August 31, 1967) not lose any of their fundamental rights and
freedoms guaranteed under the Constitution.
SECTION 5 However, in the exercise thereof, there are
NOT ALLOW THE USE OF HIS RESIDENCE restrictions which they must uphold and respect.
BY OTHER LAWYERS This includes maintaining the propriety and
appearance of propriety expected of the judicial
Sec.. 5. Judges shall not allow the use of their office.
residence by a member of the legal profession to
receive clients of the latter or of other members of Judges do not ‘disrobe’ themselves of their
the legal profession. judicial office
While judges are not expected to live a hermit-like
Judge receiving litigants in his home is existence or cease functioning as citizens of the
improper Republic, they should remember that they must
By entertaining a litigant in his home and receiving not disrobe themselves of their judicial office upon
benefits given by said litigant, respondent judge leaving their salas.
miserably failed to live up to the standards of
judicial conduct. (J. King and Sons v. Hontanosas, In the exercise of their civil liberties, judges should
Jr., A.M. No. RTJ-03-1802, September 21, 2004) be circumspect and mindful of their continuing
commitment to uphold the judiciary. Judges must
not forget that the values of the judiciary places
SECTION 6
upon them implied restraints to their freedom. In a
FREEDOM OF EXPRESSION
case, a judge was admonished for the
appearance of engaging in partisan politics when
Sec. 6. Judges, like any other citizen, are entitled
he participated in a political rally sponsored by
to freedom of expression, belief, association and
one party, even though he merely explained the
assembly, but in exercising such rights, they shall
mechanics of block voting to the audience. (ABA-
always conduct themselves in such a manner as
ROLI, 2007)
to preserve the dignity of the judicial office and the
impartiality and independence of the judiciary.
SECTION 7
Relevant provision of the Canons of Judicial BE INFORMED OF HIS FINANCIAL INTEREST
Ethics
Canon 27. Partisan politics. While entitled to Sec. 7. Judges shall inform themselves about
entertain his personal view on political questions, their personal, fiduciary, and financial interests
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and shall make reasonable efforts to be informed Relevant provision of the Code of Judicial
about the financial interests of members of their Conduct
family. Rule 2.03 - A judge shall not allow family, social,
Prohibition imposed on public officials or other relationships to influence judicial conduct
Under Sec. 7(a), RA 6713, public officials and or judgment. The prestige of judicial office shall
employees are prohibited from directly or not be used or lent to advance the private interests
indirectly having any financial or material interest of others, nor convey or permit others to convey
in any transaction requiring the approval of their the impression that they are in a special position
office. to influence the judge.
The Code of Judicial Conduct mandates that “a Two parts of the rule
judge shall refrain from financial and business 1. A judge may not use judicial office to advance
dealings that tend to reflect adversely on the private interests.
court’s impartiality, interfere with the proper 2. A judge may not give the impression that he or
performance of judicial activities, or increase she can be influenced to use the judicial office
involvement with lawyers or persons likely to to advance the private interests of others.
come before the court. A judge should so manage
investments and other financial interests as to Use of letterhead
minimize the number of cases giving grounds for The Court ruled that using the said letterhead and
disqualification.” (Catbagan v. Barte, A.M. No. requiring payment at his office are clearly
MTJ-02-1452, April 6, 2005) intended to use the prestige of his judicial office to
advance private interests. (Oktubre v. Velasco,
When may a judge serve as an executor? A.M. No. MTJ-02-1444, July 22, 2004)
A judge may only serve as the executor,
administrator, trustee, guardian, or other fiduciary, Filing case in venue where he was one of the
for the estate, trust, or person of a member of the judges
immediate family (spouse and relatives within the Another judge who, as creditor, filed a collection
2nd degree of consanguinity), and then only if case in a venue where he was one of the trial
such service will not interfere with the proper judges, was severely censured by the Supreme
performance of judicial duties. (Rule 5.06, CJC). Court, stating that a sense of propriety should
He is not allowed to serve as the executor, have impelled him to desist from filing in said
administrator, trustee, guardian, or other fiduciary venue, even when, under the law, he had the
of estates other than the above. (Bar 2005, 2000, choice of venue. In the eyes of the public, it
1999, 1995) arouses suspicion, rightly or wrongly, that
advantage is being taken of one’s position. (Javier
SECTION 8 v. De Guzman, Jr., A.M. No. RTJ-89-380,
INFLUENCE OF JUDICIAL CONDUCT December 19, 1990)
Sec. 8. Judges shall not Power to exact personal vengeance

1. Use or lend the prestige of the judicial Another common violation of this rule is using
office to advance their private interests, or judicial power to exact personal vengeance. For
those of a member of their family or of example, it was improper when, after a
anyone else, confrontation between a judge’s son and the son’s
2. Nor shall they convey or permit others to teacher, the judge had the teacher arrested and
convey the impression that anyone is in a arraigned before him. (AmJur; Matter of Edwards,
special position improperly to influence 1995)
them in the performance of judicial duties.
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SECTION 9 wife, who is not a court employee, much less the

CONFIDENTIAL INFORMATION employee specifically in charge of the custody of
said records, to have access thereto. (Gordon v.
Sec. 9. Confidential information acquired by Lilagan, A.M. No. RTJ-00-1564, July 26, 2001)
judges in their judicial capacity shall not be used
or disclosed for any other purpose related to their SECTION 10
judicial duties. EXTRA-JUDICIAL ACTIVITIES OF A JUDGE
Relevant provision of the Code of Judicial Sec. 10. Subject to the proper performance of
Conduct judicial duties, judges may:
Rule 5.05 - No information acquired in a judicial 1. Write, lecture, teach and participate in
capacity shall be sued or disclosed by a judge in activities concerning the law, the legal
any financial dealing or for any other purpose not system, the administration of justice or
related to judicial activities. related matters;
2. Appear at a public hearing before an
Confidential information official body concerned with matters
The prohibition to use or disclose confidential relating to the law, the legal system, the
information acquired by the judge in his judicial administration of justice or related
capacity is not absolute. There is a violation If the matters;
purpose of the use or disclosure is related to their 3. Engage in other activities if such activities
judicial duties. There is no violation if the purpose do not detract from the dignity of the
is not related to their judicial duties. (Notice In Re: judicial office or otherwise interfere with
Production of Court Records and Documents and the performance of judicial duties.
the Attendance of Court Officials and Employees,
February 14, 2012) Participation in legal academia
This section allows the judge to participate in legal
Releasing draft decisions academia and public discourse on legal matters
Releasing a draft decision to a party was with the proviso that there shall be no interference
considered as a scheme to extort money from the in the performance of the judge’s primary
party, and not a simple breach of confidentiality of functions with respect to his or her jurisdiction.
the decision-making process. (Centrum Agri-
Business Realty Corp. v. Katalbas-Moscardon, Article VIII, Sec. 12 of 1987 Constitution
supra) This section should also be read in conjunction
with Sec. 12, Article VIII, Constitution, which
Judge personally furnishing a party copies of prohibits members of the judiciary from being
orders issued designated to any agency performing quasi-
A judge’s act of personally furnishing a party judicial or administrative functions.
copies of orders issued, without the same passing
through the court docket, is highly irregular, thus When can judges render assistance?
giving rise to the suspicion that the judge favors Membership of a judge in a Provincial Committee
one of the parties in the pending case. (Co v. on Justice, which discharges administrative
Calimag, A.M. No. RTJ-99-1493, June 20, 2000) functions, will be in violation of the Constitution.
However, the Supreme Court stated that this does
Records of cases not mean that judges should adopt monastic
Records of cases are necessarily confidential. To insensibility or unbecoming indifference to such
preserve their integrity and confidentiality, access institutions and that even as non-members, they
to such records ought to be limited only to the should render assistance to help promote the
judge, the parties, or their counsel and the laudable purposes for which they exist when such
appropriate court personnel in charge of the assistance may be reasonably incidental to the
custody thereof. It is improper to allow a judge’s fulfillment of their judicial duties. (In Re:
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Designation of Judge Manzano, A.M. No. 88-7- Notarial work

1861-RTC, October 5, 1988) General rule: Municipal judges may not engage
in notarial work.
SECTION 11
PRACTICE OF PROFESSION Exception: They may do so as notaries public ex-
officio, in which case, they may only notarize
Sec. 11. Judges shall not practice law whilst the documents connected with the exercise of their
holder of judicial office. official functions. As such, they may not undertake
the preparation and acknowledgement of private
Relevant provision of the Code of Judicial documents, contracts and other acts of
Conduct: conveyance, which bear no relation to the
Rule 5.07 - A judge shall not engage in the private performance of their functions as judges. (Tupal
practice of law. Unless prohibited by the v. Rojo, A.M. No. MTJ-14-1842 (Resolution),
Constitution or law, a judge may engage in the February 24, 2014)
practice of any other profession provided that
such practice will not conflict or tend to conflict Exception to the exception: In far-flung
with judicial functions. municipalities which have neither lawyers nor
notaries public, municipal judges assigned to
Judges cannot practice law those municipalities or circuits may, in their
The position of a judge is a lifetime duty and capacity as notaries public ex-officio, perform any
responsibility. It requires preserving dedication to act within the competence of a regular notary
the task. The court dockets of judges are public, provided:
generally clogged with so many pending cases. 1. All notarial fees charged be for the account of
There is no time for judges to pursue another the Government and turned over to the
profession, occupation or calling which equally municipal treasurer; and
requires attention, mindfulness, and vigilance. It 2. A certification be made in the notarized
covers any activity, in or out of court, which documents attesting to the lack of any lawyer
requires the application of the law, legal or notary public in such municipality or circuit.
principles, practice or procedure and calls for legal (Tabao v. Asis, A.M. No. RTJ-95-1330,
knowledge, training and experience. (Mercado v. January 30, 1996)
De Vera, A.C. No. 3066, December 3, 2001)
SECTION 12
Generally, to engage in the practice of law is to do FORMATION OF ASSOCIATIONS
any of those acts which are characteristic of the
legal profession. (In Re: David, supra) Sec. 12. Judges may form or join associations of
judges, or participate in other organizations
Sec. 35 of Rule 138 of the Rules of Court representing the interests of judges.
expressly prohibits sitting judges from engaging in
the private practice of law or giving professional This rule recognizes a difference between
advice to clients. Thus, a judge cannot sit as co- membership in associations of judges and
counsel in an administrative case even if his co- membership in associations of other legal
counsel is his daughter who recently passed the professionals. While attendance at lavish events
bar. Sec. 11, Canon 4 (Propriety), of the New hosted by lawyers might create an appearance of
Code of Judicial Conduct and Rule 5.07 of the impropriety, participation in judges-only
Code of Judicial Conduct reiterate the prohibition organizations does not. (ABA-ROLI, 2007)
from engaging in the private practice of law or
giving professional advice to clients. (Decena v.
Malanyaon A.M. No. RTJ-10-2217, April 8, 2013)
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SECTION 13 Gifts need not be monetary

GIFTS, REQUESTS AND LOANS In the case of Justice Gregory Ong, he had
acceded to the invitation of Janet Lim Napoles, a
Sec. 13. Judges and members of their families litigant in his court in the Sandiganbayan, to have
shall neither ask for, nor accept, any gift, bequest, an audience with the Black Nazarene.
loan or favor in relation to anything done or to be Considering that Justice Ong was ill at the time
done or omitted to be done by him or her in and needed divine intercession, accepting these
connection with the performance of judicial duties. favors from Napoles was highly questionable, and
Relevant provision of the Code of Judicial would indicate impropriety if not bribery. (In Re
Conduct: Ong, A.M. No. SB-14-21-J, September 23, 2014,
Rule 5.04 - A judge or any immediate member of concurring opinions of Justice Leonen, Jardeleza)
the family shall not accept a gift, bequest, factor
or loan from anyone except as may be allowed by SECTION 14
law. GIFTS, REQUESTS, LOANS BY STAFF
Gift Sec. 14. Judges shall not knowingly permit court

Refers to a thing or a right of gratuity, or any act staff or others subject to their influence, direction
of liberality, in favor of another who accepts it. (RA or authority, to ask for, or accept, any gift,
6713, Sec. 3(c)) bequest, loan or favor in relation to anything done
or to be done or omitted to be done in connection
Loan with their duties or functions.
Covers simple loan and commodatum, as well as
guarantees, financing arrangements or This section complements the previous section
accommodations intended to ensure its approval. and assures that what the judge cannot do directly
(RA 6713, Sec. 3(e)) may not be done indirectly through the use of
employees or staff members. (ABA-ROLI, 2007)
As correlated with R.A. 3019 (Anti-Graft and
Corrupt Practices Act) Relevant provision of the Code of Judicial
Under Sec. 7(d), RA 6713, prohibits solicitation or Conduct:
acceptance by public officials and employees, Rule 5.04 - A judge or any immediate member of
directly or indirectly, of any gift, gratuity, favor, the family shall not accept a gift, bequest, factor
entertainment, loan or anything of monetary value or loan from anyone except as may be allowed by
from any person in the course of their official law.
duties or in connection with any operation being
regulated by, or any transaction which may be Judge may not accept gifts, bequests, loans or
affected by the functions of their office. favors
The judge may not directly solicit or accept gifts,
The act of a judge in demanding and receiving bequests, or loans or favors in consideration of:
money from a party-litigant before his court 1. Something done
constitute serious misconduct in office. It is this 2. To be done
kind of gross and flaunting misconduct on the part 3. Omitted to be done
of those who are charged with the responsibility of In such a case, the judge is liable for bribery.
administering the law and rendering justice that so
quickly and surely corrodes the respect for law SECTION 15
and the courts without which government cannot PERMISSIBLE TOKENS AND REWARDS
continue and that tears apart the very bonds of our
polity. (Haw Tay v. Singayao, A.M. No. R-592- Sec. 15. Subject to law and to any legal
RTJ, September 17, 1987) requirements of public disclosure, judges may
receive a token gift, award or benefit as
appropriate to the occasion on which it is made,
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provided that such gift, award or benefit might not

reasonably be perceived as intended to influence This is a new canon absent in the previous codes
the judge in the performance of judicial duties or of judicial conduct. It expands the measures to
otherwise give rise to an appearance of partiality. promote equality in conformity with international
human rights agreements. (ABA-ROLI, 2007)
Relevant provision of the Code of Judicial
Conduct: As the guardians of justice, courts must adhere to
Rule 5.04 - A judge or any immediate member of the principle of equality. People expect the courts
the family shall not accept a gift, bequest, factor to be unaffected by differences in social status,
or loan from anyone except as may be allowed by degree of education, and even physical abilities
law.
Relevant provision of the Code of Judicial
Token gift Conduct
To avoid any misinterpretation, the section Canon 3. A judge should perform official duties
described the gift as a token gift to indicate that it honestly, and with impartiality and diligence.
is just a symbolic gesture. (Aspiras vs. Ganay
A.M. No. RTJ-07-2055, December 17, 2009) SECTION 1
UNDERSTANDING DIVERSITY IN SOCIETY
General rule: Judges and members of their
families are prohibited from accepting any token, Sec. 1. Judges shall be aware of, and understand,
gift, award or benefit. diversity in society and differences arising from
various sources, including but not limited to race,
Exception: Subject to legal requirements like color, sex, religion, national origin, caste,
public disclosure, they may accept gifts provided disability, age, marital status, sexual orientation,
that it might not reasonably be perceived as social and economic status, and other like causes.
intended to influence judge.
To render substantial justice and maintain public
Gifts or Grants from Foreign Governments confidence in the judicial system, judges are
As to gifts or grants from foreign governments, expected to be aware of the diversity in society
Sec. 7(d), RA 6713 allows: that results from an increased worldwide
1. A gift of nominal value tendered and exchange of people and ideas. Judges must be
received as a souvenir or mark of able to avoid the infiltration of preconceptions into
courtesy; their decisions. They should be mindful of the
2. A gift in the nature of a scholarship or various international instruments and treaties
fellowship grant or medical treatment; or ratified by the Philippines, which affirm the
3. Travel grants or expenses for travel equality of all human beings and establish a norm
taking place entirely outside the of non-discrimination without distinction as to
Philippine of more than nominal value if race, sex, language or religion. (ABA-ROLI, 2007)
such acceptance is:
a. Appropriate or consistent with the When the judge himself is a sexual predator
interests of the Philippines; and Two women filed sexual harassment complaints
b. Permitted by the head of office, against a judge. One complainant said that the
branch or agency to which he judge tried to lure her into a motel. The other said
belongs. that the judge kept texting her to the point of
harassment, leading her to say yes to his
V. EQUALITY advances out of fear – only to meet with the judge
and be lured into a motel as well. The Court, in the
Canon 5 - Ensuring equality of treatment to all end, convicted him of rape and sexual
before the courts is essential to the due harassment. It went on to elucidate: Judges are
performance of the judicial office. mandated to maintain good moral character and
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are at all times expected to observe SECTION 3

irreproachable behavior so as not to outrage NOT TO DIFFERENTIATE
public decency. A magistrate is judged not only by
his official acts but also by his private morals, to Sec. 3. Judges shall carry out judicial duties with
the extent that such private morals are appropriate consideration for all persons, such as
externalized. (Tan v. Pacuribot, RTJ-06-1982, the parties, witnesses, lawyers, court staff and
December 14, 2007) judicial colleagues, without differentiation on any
irrelevant ground, immaterial to the proper
SECTION 2 performance of such duties.
NOT TO MANIFEST BIAS OR PREJUDICE
Name-calling is inappropriate behavior
Sec. 2. Judges shall not, in the performance of The judge, in calling the complainant a greedy and
judicial duties, by words or conduct, manifest bias usurer Chinese woman, and tagging
or prejudice towards any person or group on complainant’s lawyer as lazy and negligent while
irrelevant grounds. branding her own clerk of court as equally lazy
and incompetent, employed language
Relevant provisions of the Code of Judicial unbecoming of her own esteemed position. (Cua
Conduct and Canons of Judicial Ethics Shuk Yin v. Perello, AM No. RTJ-05-1961,
Rule 3.07. A judge should abstain from making November 11, 2005)
public comments on any pending or impending
case and should require similar restraint on the Unequal and disparate treatment in the
part of court personnel. courthouse, whether intentional or perceived, is
unacceptable and can negatively impact the
CJE Canon 3. Avoidance of appearance of professional lives of attorneys and employees, the
impropriety. A judge's official conduct should be assessment of claims of litigants, and the respect
free from the appearance of impropriety, and his and credibility of the justice system. (ABA-ROLI,
personal behavior, not only upon the bench and in 2007)
the performance of judicial duties, but also in his
everyday life, should be beyond reproach. SECTION 4
NOT TO INFLUENCE STAFF
Manner and attitude of judges
In every litigation, perhaps much more so in Sec. 4. Judges shall not knowingly permit court
criminal cases, the manner and attitude of a trial staff or others subject to his or her influence,
judge are crucial to everyone concerned, the direction or control to differentiate between
offended party, no less than the accused. It is not persons concerned, in a matter before the judge,
for him to indulge or even to give the appearance on any irrelevant ground.
of catering to the at times human failing of yielding
to first impressions. He is to refrain from reaching Court staff defined
hasty conclusions or prejudging matters. It would The term "court staff" includes the personal staff
be deplorable if he lays himself open to the of the judge including law clerks.
suspicion of reacting to feelings rather than to
facts, of being imprisoned in the net of his own Ensure prompt and convenient dispatch of
sympathies and predilections. business
Judges should organize their courts to ensure the
A judge shall show no signs of bias or prejudice prompt and convenient dispatch of business, and
toward any person or persons on irrelevant must not tolerate the misconduct by clerks,
grounds while in the performance of his duties. sheriffs, and other assistants who are prone to
Any display of bias or prejudice will adversely expect favors or special treatment due to their
affect his image of being an impartial judge. professional relationship with the judge.
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Non-discrimination, no special favors at fiscal sa harap ng publiko. Nawawala din po

Judges must see to it that their court personnel do ang respeto ng publiko sa justice system.
not discriminate against anyone in respect to the
personnel’s performance of their duties, by Because of this behavior, the Court had occasion
dispensing special favors or disclosing to any to rule: It is reprehensible for a judge to humiliate
unauthorized person any confidential information. a lawyer, litigant or witness. The act betrays lack
(Code of Conduct for Court Personnel, Canon 1, of patience, prudence and restraint. Thus, a judge
Sec. 3, A.M. No. 03-06-13-SC, 2004) must at all times be temperate in his language.
(Juan dela Cruz v. Judge Carretas, RTJ-07-2043,
SECTION 5 September 5, 2007)
ATTITUDE TO PARTIES APPEARING IN
COURT VI. COMPETENCE AND DILIGENCE
Sec. 5. Judges shall require lawyers in Canon 6 - Competence and diligence are
proceedings before the court to refrain from prerequisites to the due performance of judicial
manifesting, by words or conduct, bias or office.
prejudice based on irrelevant grounds, except
such as are legally relevant to an issue in Intelligence
proceedings and may be the subject of legitimate Possession of sufficient learning, ability and skill
advocacy. in a particular discipline enhanced by actual and
sufficient experience in the field.
Judges’ conduct in court
Judges should conduct proceedings in court with A judge must be the embodiment of competence,
dignity and in a manner that reflects the integrity and independence, and be studiously
importance and seriousness of proceedings. They careful to avoid the slightest infraction of the law,
should maintain order and proper decorum in the lest it be a demoralizing example to others. (OCA
court. (Rule 3.03, Canon 3, CJC) v. Gines, A.M. No. RTJ-92-802, July 5, 1993)
Thus, judges have the duty to prevent lawyers Relevant provisions of the Code of Judicial
from violating the rights of witnesses. This Conduct
complements Rule 12.07, Canon 12, which Rule 3.01 - A judge shall be faithful to the law and
directs that a lawyer shall not abuse, browbeat or maintain professional competence.
harass a witness nor needlessly inconvenience Rule 3.08 - A judge should diligently discharge
him. administrative responsibilities, maintain
professional competence in court management,
Since judges set the tone and environment of the and facilitate the performance of the
court proceedings, they should censure lawyers administrative functions or other judges and court
who use sexist language or inappropriate personnel.
behavior in court. (ABA-ROLI, 2007 (citing AmJur;
In Re Romano, 1999)) SECTION 1
DUTIES TAKE PRECEDENCE
Affording litigants with respect
By anonymous complaint, a judge was accused Sec. 1. The judicial duties of a judge take
this way: Siya po ay isang mayabang na Judge at precedence over all activities.
mahilig mang insulto sa pamamagitan ng side
comments sa mga testigo, abogado at fiscal, Relevant provisions of the Code of Judicial
parang siya na lang ang may alam sa batas. Conduct:
Bilang Judge siya na po ang nagdirect, at cross- Canon 5. A judge should regulate extra-judicial
examine sa mga testigo. Dahil sa kanyang activities to minimize the risk of conflict of social
ginagawa napapahiya ang mga testigo, abogado duties.
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Rule 5.02 - A judge shall refrain from financial and inefficiency. (Surigao Citizens Movement for
business dealing that tend to reflect adversely on Good Government v. Coro, A.M. MTJ-96-1099,
the court's impartiality, interfere with the proper September 23, 1996)
performance of judicial activities or increase
involvement with lawyers or persons likely to Failure to decide promptly is not “gross
come before the court. A judge should so manage inefficiency” per se
investments and other financial interests as to Magistrates must be given discretion to defer the
minimize the number of cases giving grounds for disposition of certain cases to make way for other
disqualifications. equally important matters in the Supreme Court's
agenda. However, the Courts must strike an
Primary duty of judges: hearing and deciding objective and reasonable balance in disposing
cases cases promptly, while maintaining judicious
The primary duty of judges is to hear and decide tenacity in interpreting and applying the law. (Re:
cases brought to them for trial and adjudication. Enalbes, A.M. No. 18-11-09-SC, January 22,
As to Judges’ other administrative assignments, 2019)
including organizing special events, the
respondent judge should only be reminded that SECTION 3
decision making is the primordial and most MAINTAIN PROFESSIONAL COMPETENCE
important duty of a member of the judiciary. (Re:
Complaint Against Justice Asuncion of the Court Sec. 3. Judges shall take reasonable steps to
of Appeals, A.M. No. 06-6-8-CA, 518 SCRA 512, maintain and enhance their knowledge, skills, and
March 20, 2007) personal qualities necessary for the proper
performance of judicial duties, taking advantage
SECTION 2 for this purpose of the training and other facilities
PERFORM ADMINISTRATIVE DUTIES which should be made available, under judicial
control, to judges.
Sec. 2. Judges shall devote their professional
activity to judicial duties, which include not only Relevant provisions of the Code of Judicial
the performance of judicial functions and Conduct and Canons of Judicial Ethics:
responsibilities in court and the making of Canon 4. Essential Conduct - He should be
decisions, but also other tasks relevant to the temperate, patient, attentive, impartial, and since
judicial office or the court’s operations. he is to administer the law and apply it to the facts,
he should be studious of the principles of law,
Gross misconduct and inexcusable diligent in endeavoring to ascertain the facts.
negligence (CJE)
The loss of not one but eight records is indicative
of gross misconduct and inexcusable negligence Canon 4. - A judge may, with due regard to official
unbecoming of a judge. For true professionalism duties, engage in activities to improve the law, the
in the bench to exist, judges whose acts legal system and the administration of justice.
demoralize the ethical standards of a judicial (CJC)
office and whose acts demonstrate unfitness and
unworthiness of the prestige and prerequisites Judges are expected to be updated with the
attached to the said office must be weeded out. developments of the law and jurisprudence
(Longboan v. Polig, A.M. No. 704-RTJ, June 14, The maxim “ignorance of the law excuses no one”
1990) has special application to judges. (Espiritu v.
Javellanos, A.M. No. MTJ-97-1139, October 16,
A judge should conduct a periodic review of the 1997) As advocates of justice and visible
archived cases in his sala. (Administrative Order representation of the law, the public expects
No. 7-a-92) If the archived cases have remained judges to be conversant with the developments of
untouched for several years, there is gross law and jurisprudence and proficient in their
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application or interpretation of it. (Almonte v. Bien, a patent disregard of well-known rules. When an
A.M. No. MTJ-04-1532, June 27, 2005) error is so gross and patent, such error produces
an inference of bad faith, making the judge liable
Having accepted the exalted position of a judge, for gross ignorance of the law. (Jorda v. Bitas,
whereby he judges his own fellowmen, the judge March 5, 2014)
owes it to the public who depends on him and to
the dignity of the court he sits in, to be proficient Judges are not, however, expected to be infallible;
in the law. It has been said that a judge is a man not every error or irregularity committed by judges
of learning, who spends tirelessly the weary hours in the performance of official duties is subject to
after midnight acquainting himself with the great administrative sanction. In the absence of bad
body of traditions and learning the law. Although faith, fraud, dishonesty, or deliberate intent to do
a judge is nearing retirement he should not relax injustice, incorrect rulings do not constitute
in his study of the law and court decisions. (Ajeno misconduct and may not give rise to a charge of
v. Inserto, AM No. 1098-CFI, May 31, 1976) gross ignorance of the law. (Cruz v. Iturralde, April
Those who wield that judicial gravel have the duty 30, 2003)
to study our laws and their latest wrinkles- they
owe it to the public to be legally knowledgeable for SECTION 5
ignorance of the law is the mainspring of injustice. PROMPT DECISION MAKING
(Bio v. Valera, AM No. MTJ-96-1074, June 20,
1996) Sec. 5. Judges shall perform all judicial duties,
including the delivery of reserved decisions,
SECTION 4 efficiently, fairly and with reasonable promptness.
BE INFORMED ABOUT THE LAW
Relevant provisions of the Code of Judicial
Sec. 4. Judges shall keep themselves informed Conduct:
about relevant developments of international law, Canon 6. Promptness - He should be prompt in
including international conventions and other disposing of all matters to him, remembering that
instruments establishing human rights norms. justice delayed is often justice denied. (CJE)
Rule 1.02 - A judge should administer justice
When a judge accepts his position, he owes it to impartially and without delay. (CJC)
the dignity of the court, to the legal profession, and Rule 3.05 - A judge shall dispose of the court’s
to the public, to know the very law he is supposed business promptly and decide cases within the
to apply to a given controversy. Even in the required periods. (CJC)
remaining years of his stay in the judiciary, he
should keep abreast with the changes in the law Promptness in administration of justice
and with the latest decisions and precedents. Sec. 1, Rule 124 requires that justice be
Although a judge is nearing retirement he should impartially administered without unnecessary
not relax in his study of the law and court delay. This principle permeates the whole system
decisions. Service in the judiciary means a of judicature, and supports the legitimacy of the
continuous study and research on the law from decrees of judicial tribunals. (ABA-ROLI, 2007)
beginning to end. (Ajeno v. Inserto, May 31, 1976)
Ignorance of the law A judge should decide cases with dispatch.

The Supreme Court held that not only did Judge (Castro v. Malazo, A.M. No. 1237-CAR, August
Bitas deviate from the requirement of a hearing 21, 1980) He should decide motions of parties
where there is an application for bail, he also without delay (Pernea v. Montecillo, A.M. No. 631-
granted bail to Miralles without neither conducting CFI, November 26, 1981), and should be more
a hearing nor a motion for application for bail. careful, punctual and observant in the
Judge Bitas’ acts are not mere deficiency in performance of his functions. (Secretary of Justice
prudence, discretion and judgment on his part, but v. Bidin, A.M. No. 194-J, October 22, 1971)
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The failure of a judge to decide a case within the inexperienced, to litigants, witnesses, and others
period as specified by the Constitution is appearing before the court. A judge should avoid
inexcusable and constitutes gross inefficiency. unconsciously falling into the attitude of mind that
(Re: Judge Tenerife, A.M. No. 94-5-42 MTC, the litigants are made for the courts, instead of the
March 20, 1996) courts for the litigants. (CJC)
Rule 3.08 - A judge should diligently discharge
Lack of transcript of stenographic notes shall not administrative responsibilities, maintain
be a valid reason to interrupt or suspend the professional competence in court management,
period for deciding the case, unless the case was and facilitate the performance of the
previously heard by another judge, in which case, administrative functions or other judges and court
the deciding judge shall have the full period of 90 personnel. (CJC)
days for the completion of the transcripts within Rule 3.09 - A judge should organize and
which to decide the same. (Olaguer v. Judge supervise the court personnel to ensure the
Ampuan, A.M. No. MTJ-10-1769, October 6, prompt and efficient dispatch of business, and
2010) require at all times the observance of high
standards of public service and fidelity. (CJC)
Justice delayed is justice denied
Tibay filed a case in the Court of Agrarian Reform Order in the court
(CAR) against Castro, praying that the latter be Illustrative is the case of Judge Florentino Floro.
restrained from dispossessing him of his tenancy. Judge Floro, when first applying for judgeship,
Castro files s well, this time against Tibay, to be was given a psychological evaluation that reveals
reinstated as tenants. The CAR judge, however, evidence of ego disintegration and developing
did not render judgement within 30 days in psychotic process. This led Judge Floro to
accordance with law. This led Castro to write to withdraw his application. Years later, he applied
the SC, complaining about the delay. The Court anew, and his evaluation exposed this time self-
there said that the CAR judge’s actions violated esteem problems, mood swings, confusion, social
his sworn duty to administer justice without undue deficits, paranoia. In essence, he was simply unfit
delay. His act of not filing the decision is a clear to be a judge. However, because of his impressive
violation of the Agrarian Land Reform Code. intellect, the JBC allowed Judge Floro to seek a
(Castro v. Malazo, A.M. No. 1237-CAR, August second opinion. In the end, he was appointed to
21, 1980) the RTC.
SECTION 6 As judge, he did several questionable things, such

MAINTAIN ORDER IN PROCEEDINGS as: circulating calling cards with self-laudatory
statements on his qualifications – a graduate of
Sec. 6. Judges shall maintain order and decorum the Ateneo Law School, no less; allowing his
in all proceedings before the court and be patient, chambers to be used as sleeping quarters for his
dignified, and courteous in relation to litigants, employees; declaring in open court that he is pro-
witnesses, lawyers, and others with whom the accused; appearing and signing pleadings while
judge deals in an official capacity. Judges shall acting as a sitting judge without proper authority;
require similar conduct of legal representatives, proceeding with trials without trial prosecutors
court staff, and others subject to their influence, present, among many others.
direction or control.
On deciding on the matter, the Supreme Court
Relevant provisions of the Code of Judicial had relieved Judge Floro of his duties, and
Conduct and Canons of Judicial Ethics: considered him separated from service due to his
Rule 3.03 - A judge shall maintain order and medically disabling condition of the mind.
proper decorum in the court. (CJC) Tangentially, the Court said that the behavior of
Rule 3.04- A judge should be patient, attentive, Judge Floro is unbecoming of a judge, in how he
and courteous to lawyers, especially the is imprudent in sharing his personal views, that he
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is biased for the accused, and that he refused to C. ADMINISTRATIVE JURISDICTION

follow the prescribed rules on procedure. (OCA v. OVER JUDGES AND JUSTICES
Judge Floro, RTJ-99-1460, March 31, 2006)
Supreme Court has administrative
SECTION 7 supervision
NOT TO ENGAGE IN CONDUCT CONTRARY The Supreme Court shall have administrative
TO DUTIES supervision over all courts and the personnel
thereof. (PHIL. CONST. art. VIII, Sec. 6)
Sec. 7. Judges shall not engage in conduct
incompatible with the diligent discharge of judicial SC as the disciplining body
duties. The Supreme Court en banc shall have the power
to discipline judges of lower courts, or order their
Disciplinary proceedings and criminal actions dismissal by a vote of majority of the Members
against judges are not complementary or who actually took part in the deliberations on the
suppletory of, nor a substitute for, these judicial issues in the case and voted thereon. (PHIL.
remedies, whether ordinary or extraordinary. CONST. art. VIII, Sec. 16)
Resort to and exhaustion of these judicial
remedies are prerequisites for the taking of other Liability of a judge or justice
measures against the persons of the judges A judge cannot be subjected to liability – civil,
concerned, whether of civil, administrative, or criminal, or administrative – for any his official
criminal nature. It is only after the available judicial acts, not matter how erroneous, as long as he acts
remedies have been exhausted and the appellate in good faith. (Valdez v. Valera, A.M. No. 1628-
tribunals have spoken with finality that the door to CAR, January 31, 1978)
an inquiry into his criminal, civil, or administrative
liability may be said to have opened, or closed. Rationale behind the liability of a judge
(Maquiran v. Grageda, A.M. No. RTJ-04-1888, A judicial officer, in exercising the authority vested
February 11, 2005) in him, shall be free to act upon his own
convictions, without apprehension of personal
————- end of topic ————- consequences to himself.
This concept of judicial immunity rests upon

consideration of public policy, its purpose being to
preserve the integrity and independence of the
judiciary. (Pabalan v. Guevarra, G.R. No. 333-CJ,
November 24, 1976)
Even though the judge violated his duty under

Article VIII, Sec. 15 (1) of the Constitution, and the
NCJC on promptness of disposition of cases, the
administrative case against him was docketed
only after his compulsory retirement.
Incumbency of the judge necessary for

jurisdiction over administrative actions
In order for the Court to acquire jurisdiction over
an administrative case, the complaint must be
filed during the incumbency of the judge. Once
jurisdiction is acquired, it is not lost by reason of
the judge's cessation from office.
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Administrative supervision of the court D. DISQUALIFICATION OF JUDICIAL

ceases after compulsory retirement of the OFFICERS
judge
The Court can no longer acquire administrative Basis
jurisdiction over a judge by filing an administrative The basis is found in the Canon 3, Sec. 5 of the
case against him after his compulsory retirement, NCJC, previously discussed in this reviewer, and
once he has ceased to be a public official. (OCA Rule 137 of the Rules of Court.
v. Andaya, A.M. No. RTJ-09-2181 (Resolution),
June 25, 2013) (Note: In this section, there is more focus on the
Rules of Court. A side-by-side comparison table is
On automatic conversion of proceedings provided at the end of the chapter.)
against judges and justices both as officials
and as members of the Philippine Bar (A.M. Rule 137, Sec. 1
No. 02-9-02-SC) Sec. 1. Disqualification of judges. — No judge or
Pursuant to A.M. No. 02-9-02-SC, administrative judicial officer shall sit in any case in which he, or
cases against justices of the Court of Appeals and his wife or child, is pecuniarily interested as heir,
the Sandiganbayan, judges of regular and special legatee, creditor or otherwise, or in which he is
courts, and court officials who are lawyers, shall related to either party within the sixth degree of
also be considered a disciplinary action against consanguinity or affinity, or to counsel within the
them, if they are based on grounds which are fourth degree, computed according to the rules of
likewise grounds for the disciplinary action of the civil law, or in which he has been executor,
members of the bar for: administrator, guardian, trustee or counsel, or in
1. Violation of the Lawyer's Oath; which he has been presided in any inferior court
2. Violation of the Code of Professional when his ruling or decision is the subject of review,
Responsibility; without the written consent of all parties in
3. Violation of the Canons of Professional interest, signed by them and entered upon the
Ethics; or record.
4. Such other forms of breaches of conduct
that have been traditionally recognized as A judge may, in the exercise of his sound
grounds for the discipline of lawyers. discretion, disqualify himself from sitting in a case,
for just or valid reasons other than those
The respondent is required to comment on the mentioned above.
complaint and show cause why he should not also
be suspended, disbarred or otherwise Compulsory inhibition
disciplinarily sanctioned as a member of the bar. The first paragraph is the rule on mandatory
Judgment in both respects may be incorporated in disqualification, and enumerates the grounds
one decision or resolution. under which the judge is disqualified. The doctrine
now is that the legal grounds are exclusive.
Voluntary inhibition
The second paragraph is the rule on voluntary
inhibition. It does not enumerate the grounds but
merely provides a policy-oriented ground for
disqualification.
Rationale behind inhibition

No judge should preside in a case which he is not
wholly free, disinterested, impartial and
independent. Courts should scrupulously protect
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the rights of litigants in this regard. (Urbanes v. Regional Trial Court – Judges Masadao and
CA, G.R. 117964, March 28, 2001) Elizaga RE: Criminal Case No. 4954-M, October
26, 1987)
Actual bias or prejudice
Regarding actual bias, there must be convincing I. COMPULSORY
proof to show that he or she is biased and partial.
(Solidbank v. Del Monte Motor Works, G.R. No. Instances
143338, July 29, 2005; Wong Jan Realty v. Under the Rules of Court, Rule 137, Sec. 1, no
Espanol, A.M. No. RTJ-01-1647, October 13, judge or judicial officer shall sit in any case,
2005) For bias and prejudice to be a ground for without the written consent of all parties in interest
disqualification, it must be shown to have and entered upon the record, in which: (P6CEP)
stemmed from an extrajudicial source, and result 1. The judge, judicial officer or his wife or
in an opinion on the merits on some basis other child is Pecuniarily interested in as heir,
than what the judge learned from his participation creditor or otherwise.
in the case. (Aleria, Jr. v. Velez, G.R. No. 127400, 2. The judge or judicial officer is related to
November 16, 1998) either party within the sixth (6th) degree
of consanguinity or affinity.
Regarding personal knowledge, a judge is 3. The judge or judicial officer is related to
supposed to exercise his duties with objectivity. Counsel within the fourth degree of
(Castillo v. Juan, G.R. Nos. L-39516-17, 1975) If consanguinity or affinity.
he has personal knowledge, he loses objectivity. 4. The judge or judicial officer has previously
When the judge however, inhibits himself, he may participated as the Executor,
be presented as a witness. administrator, guardian, trustee or
counsel to ruling or decision subject of
The petition to disqualify a judge must be filed review.
before rendition of judgment, and cannot be 5. The judge or judicial officer Previously
raised on appeal. (Government v. Heirs of Abella, participated by presiding over the case
G.R. No. 25009, September 8, 1926) in any inferior court over the ruling or
decision subject of review.
Fraternizing with litigants
Fraternizing with litigants belies impartiality. It is Nature of compulsory disqualifications
improper for a judge to meet privately with the Compulsory disqualifications are mandatory, and
accused without the presence of the complainant. the judge has no option but to inhibit
(De Guzman, Jr. v. Sison, A.M. No. RTJ-01-1629, himself/herself from the case. (Alexander Ortiz v.
March 26, 2001) Judge Ibarra Jaculbe, Jr., A.M. No. RTJ-04-1833,
June 28, 2005; Rule 137, ROC)
Rule on inhibition for judge’s classmate or
fraternity brother A judge has the duty to render a just decision, and
A judge should not be disqualified because he must do so in a manner that leaves his reputation
was a classmate (or a co-member in a fraternity) for fairness and integrity completely free from
of one of the counsels absent proof that such suspicion. (Sergio Del Castillo v. Manuel
relationship results in actual bias or prejudice. To Javelona, et al., G.R. No. L-16742, September 29,
allow disqualification would unnecessarily burden 1962)
other trial judges to whom the case will be
assigned. Confusion would result, because a Rationale
judge would then be barred from sitting in a case The rule on compulsory disqualification of a judge
whenever one of his former classmates (and he to hear a case rests on the salutary principle that
could have many) appeared. (Query of Executive no judge should preside in a case in which he is
Judge Estrella T. Estrada, Regional Trial Court of not wholly free, disinterested, impartial and
Malolos, Bulacan, on the conflicting views of independent. A judge has both the duty of
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rendering a just decision and the duty of doing it II. VOLUNTARY

in a manner completely free from suspicion as to
its fairness and as to his integrity. Second paragraph of Rule 137
A judge may, in the exercise of his sound
The law conclusively presumes that a judge discretion, disqualify himself from sitting in a case,
cannot objectively or impartially sit in such a case for just or valid reasons other than those
and, for that reason, prohibits him and strikes at mentioned above.
his authority to hear and decide it, in the absence
of written consent of all parties concerned. The No express grounds for when a judge may
purpose is to preserve the people's faith and disqualify him/herself
confidence in the courts' justice. (Garcia v. De La There are no expressly enumerated grounds for
Peña, A.M. No. MTJ-92-687, February 9, 1994) voluntary inhibition and such is left to the sound
discretion of the judge. (Rodolfo E. Parayno, et.
May be waived al. v. Hon. Iluminado Meneses, et al, G.R. No.
This disqualification may be waived by the 112684, April 26, 1994)
parties-in-interest, by signing a written waiver and
entering the same upon the record of the court. “Just and valid reasons” as grounds for
(Rule 137, Sec. 1, ROC) inhibition
The basis for voluntary inhibition should be based
Failure of judge to inhibit on just and valid reasons (Rodolfo E. Parayno, et.
If a judge or judicial officer fails to inhibit himself, al. v. Hon. Iluminado Meneses, et.al., supra)
the party objecting to his competency may file his ascertained by the judge after a “rational and
objection in writing with the official, stating the logical assessment of the circumstances
grounds therefor. (Rule 137, Sec. 2, ROC) prevailing in the case.” (Antonia Gutang, et al., v.
Court of Appeals, et al., G.R. No. 124760, July 8,
The official, after determining the question of his 1998)
disqualification, shall act either to withdraw from
the case or proceed with trial. The decision of the
Determination, a case to case basis
official shall be in writing and filed with the other
There is no hard and fast rule in determining when
papers of the case. No appeal or stay of the
a judge should voluntarily inhibit himself, such
official’s decision may be taken until final
must be taken on a case to case basis. Voluntary
judgment in the main case.
inhibition is based on the sound discretion and
conscience of the judge, a subjective test that
Instances not covered by compulsory reviewing tribunals will not disturb absent any
disqualification showing of manifest arbitrariness or whimsicality
The following are NOT disqualified under Rule as such judges are in the better position to
137, Sec. 1: determine the issue on inhibition as they deal
1. That the counsel and judge were directly with the parties in their courts. (Antonia
classmates (Vda. de Bonifacio v. B.L.T. Gutang, et al., v. Court of Appeals, supra)
Bus Co., Inc., G.R. No. L-26810, August
31, 1970) A judicial officer may voluntarily inhibit himself on
2. That the counsel and judge were the ground of delicadeza when a suggestion is
associates when the judge was practicing made on record that he might be induced to favor
law (Domingo Austria v. Hon. Antonio one party over the other or with bias or prejudice
Masaquel, G.R. No. L-22536, August 31, against a litigant. (Antonia Gutang, et al., v. Court
1967) of Appeals, et al., supra)
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People’s faith in the courts must not be

impaired
In such cases, the judge must conduct self-
examination and exercise his discretion in such a
way that the people’s faith in the courts are not
impaired. (Pimentel v. Salonga, G. R. No. 27934,
September 18, 1967)
The judge must keep in mind a “salutary norm”,

that his actions should not cause a losing party to
nurture at the back of his mind that the judge tilted
the scales of justice against him. (Pimentel v.
Salonga, supra)
Cases when bias or prejudice is unavoidable

While inhibition is not allowed at every instance
that a friend, classmate, associate or patron of a
judge appears before him as a counsel of record,
a judge may inhibit himself on the ground of fear
that he is suspected of surrendering to or
succumbing to “utang na loob” to counsel who
recommended him to his post. (Query of
Executive Judge Estrella T. Estrada, Regional
Trial Court of Malolos, Bulacan, on the conflicting
views of Regional Trial Court – Judges Masadao
and Elizaga RE: Criminal Case No. 4954-M,
supra) – in extraordinary cases when bias or
prejudice is unavoidable. (Basilio Palang v. Hon.
Mariano Zosa, G.R. No. L-38229, August 30,
1974) “Utang na loob”, per se, should not be a
hindrance to the administration of justice or serve
to prevent a judge from doing his duties. (Query of
Executive Judge Estrella T. Estrada, Regional
Trial Court of Malolos, Bulacan, on the conflicting
views of Regional Trial Court – Judges Masadao
and Elizaga RE: Criminal Case No. 4954-M,
supra)
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III. GROUNDS FOR MANDATORY AND VOLUNTARY DISQUALIFICATION (RULE 137 & NCJC
COMPARED)
NCJC (CANON 3, SECTION 5) RULES OF COURT (RULE 137)

GROUND Judges shall disqualify themselves from No judge or judicial officer shall sit in any
participating in any proceedings in which case 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:
INSTANCES: c) The judge has actual bias or prejudice
MANDATORY concerning a party or personal
INHIBITION knowledge of disputed evidentiary facts
concerning the proceedings.
d) The judge previously served as a
lawyer or was a material witness in the
matter in controversy;
e) The judge, or a member of his or her
family, has an economic interest in the
outcome of the matter in controversy.
f) The judge served as executor, he has been executor, administrator,
administrator, guardian, trustee or guardian, trustee or counsel
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;
g) The judge's ruling in a lower court is the he has presided in any inferior court
subject of review; when his ruling or decision is the subject
of review, without the written consent of
all parties in interest, signed by them and
entered upon the record.
h) The judge is related by consanguinity or he is related to either party within the
affinity to a party litigant within the sixth sixth degree of consanguinity or affinity,
civil degree or to counsel within the or to counsel within the fourth degree,
fourth civil degree; or computed according to the rules of the
civil law;
i) The judge knows that his or her spouse he, or his wife or child is pecuniarily
or child has a financial interest, as heir, interested as heir, legatee, creditor or
legatee, creditor, fiduciary, or otherwise;
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;
WAIVER Instead of withdrawing from the proceeding, Objections to the disqualification can be
a judge who is subject to mandatory waived by written consent of all parties in
disqualification can disclose on the records
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the basis of disqualification. If, based on interest, signed by them and entered
such disclosure, the parties and lawyers all upon the record.
agree in writing, independently of the
judge's participation, that the reason for the
inhibition is immaterial or unsubstantial, the
judge may then participate in the
proceeding. The agreement must be signed
by all parties and lawyers and incorporated
in the record of the proceedings. (Sec. 6)
INSTANCES: A judge may, in the exercise of his sound
VOLUNTARY discretion, disqualify himself from sitting
INHIBITION in a case, for just or valid reasons other
than those mentioned above
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E. DISCIPLINE OF MEMBERS OF THE Governing rules

JUDICIARY The discipline of members of the judiciary is
governed by the following laws and rules:
Administrative jurisdiction of the Supreme • Article XI, Sec. 3, 1987 Philippine
Court Constitution (impeachment);
The Supreme Court has the mandate to oversee • Article VIII, Sec. 6, 1987 Philippine
that all judges and justices of the judiciary comply Constitution (administrative supervision of
with the law and the Rules of Court. (PHIL. CONST. the Supreme Court over all courts and court
art. VIII, Sec. 6) All complaints against such personnel)
judges or justices are lodged with the Supreme • Rule 140 of the Rules of Court, as amended
Court. (Maceda v. Vasquez, G.R. No. 102781, by A.M. No. 02-8-10-SC, and A.M. No. 18-
1993) 01-05-SC.
Doctrine of separation of powers I. MEMBERS OF THE SUPREME COURT

Article VIII, Sec. 6 of the 1987 Constitution
exclusively vests in the Supreme Court How can members of the Supreme Court be
administrative supervision over all courts and disciplined?
court personnel, from the Presiding Justice of the By impeachment (PHIL. CONST. art. XI, Sec. 2),
Court of Appeals down to the lowest municipal and by quo warranto (Republic v. Sereno, supra)
trial court clerk. By virtue of this power, it is only
the Supreme Court that can oversee the judges' Members of the Supreme Court may be removed
and court personnel's compliance with all laws, from office through the process of impeachment.
and take the proper administrative action against (PHIL. CONST. art. XI, Sec. 3)
them if they commit any violation thereof. No other
branch of government may intrude into this power, Grounds for impeachment
without running afoul of the doctrine of separation 1. Culpable violation of Constitution
of powers. 2. Treason
3. Bribery
The Ombudsman cannot justify its investigation of 4. Graft and corruption
petitioner on the powers granted to it by the 5. Other high crimes
Constitution, for such a justification not only runs 6. Betrayal of public trust
counter to the specific mandate of the Constitution
granting supervisory powers to the Supreme The power to initiate impeachment cases rests
Court over all courts and their personnel, but with the House while the power to try the same
likewise undermines the independence of the rests with the Senate.
judiciary.
Impeachment procedure
Thus, the Ombudsman should first refer the Based on Sec. 3, Article VI, Constitution, the steps
matter of petitioner's certificates of service to this leading to impeachment are as follows:
Court for determination of whether said 1. A verified complaint for impeachment
certificates reflected the true status of his pending is filed by a member of the House or
case load, as the Court has the necessary records endorsed by him;
to make such a determination. The Ombudsman 2. The complaint is included in the order
cannot compel this Court, as one of the three of business of the House;
branches of government, to submit its records, or 3. The House refers the complaint to the
to allow its personnel to testify on this matter, as proper committee;
suggested by public respondent Abiera in his 4. The committee holds a hearing,
affidavit-complaint. (Maceda v. Vasquez, supra) approves the resolution calling for
impeachment, and submits the same
to the House;
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5. The House considers the resolution the Parameters of Judicial Independence and
and votes to approve it by at least Accountability in Light of Chief Justice Corona's
one-third of all its members, which Impeachment: An Examination of the Violation of
resolution becomes the article of the New Code of Judicial Conduct as a Ground for
impeachment to be filed with the Betrayal of Public Trust, 56 Ateneo Law Journal
Senate when approved; and 772, 2012)
6. The Senate tries the public official
under the article. (Abad, J., Separate On December 12, 2011, the House of
Concurring Opinion, Gutierrez v. Representatives voted to impeach Chief Justice
HOR Committee on Justice, G.R. No. Corona. They charged him with eight articles of
193459, February 15, 2011) impeachment alleging:
1. Betrayal of public trust;
Quantum of evidence 2. Graft and corruption; and
An impeachment proceeding is sui generis; it is 3. Culpable violation of the Constitution.
neither purely political nor criminal. Thus, it does
not require proof beyond reasonable doubt. In the Articles of impeachment during the Corona
course of the impeachment trial, the senator- impeachment trial
judges expressed differing views. Some argued Article I: Partiality and subservience in cases
that it requires “clear and convincing proof,” while involving the Arroyo administration;
some argued that it needs “preponderance of 1. Article II: Failure to disclose to the public
evidence.” his statement of assets and liabilities;
2. Article III: Flip-flopping decisions in final
The Senate has traditionally left the choice of the and executory cases, creating excessive
applicable standard of proof to each individual entanglement with Former President
Senator. (Black, Impeachment: A Handbook, Arroyo, and discussing with litigants
1974) regarding the cases pending before the
Supreme Court;
Disbarment during incumbency 3. Article IV: Irregularities in issuing a quo-
A public officer who under the Constitution is ante order against the House of
required to be a Member of the Philippine Bar as Representatives in the impeachment of
a qualification for the office held by him and who then Ombudsman Merceditas Gutierrez;
may be removed from office only by 4. Article V: Gerrymandering in the case of
impeachment, cannot be charged with disbarment the 16-newly created cities and promotion
during the incumbency of such public officer. of Dinagat into a province;
5. Article VI: Improper investigation in the
Justices’ dishonesty as grounds for plagiarism case of Associate Justice
impeachment Mariano del Castillo;
Justices of the Supreme Court must make their 6. Article VII: Granting a temporary
interests transparent, whether it be in a public or restraining order to Former President
private character. Dishonesty is a malevolent act Arroyo and husband Mike Arroyo after the
that has no place in the Judiciary. (Faelnar v. Department of Justice prevented them to
Palabrica, A.M. No. P-06-2251, January 20, 2009) go out of the country;
7. Article VIII: Graft and corruption when he
Impeachment of Chief Justice Corona failed and refused to account for the
The Supreme Court has consistently reiterated: judiciary development fund and special
“public confidence in the judicial system is crucial allowance for the judiciary collections.
in its discharge of function. It makes all the
members of the Judiciary responsible for On January 16, 2012, the Senate, sitting as an
upholding this confidence.” (Sarah Lou Ysmael impeachment court, began the trial. The
Arriola and Dan Kevin C. Mandocdoc, Defining prosecution dropped Articles I, IV, V, VI, VII, VIII,
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leaving only Articles II and III as their grounds for 2. Lack of integrity in holding the highest
impeachment. position in the Judiciary
3. Sub judice
On May 29, 2012, the Senate found Chief Justice
Corona guilty under Article II of the articles of In response, CJ Sereno filed Motions for Inhibition
impeachment for his failure to declare his true for the compulsory inhibition of six Associate
statements of assets, liabilities and net worth. Justices: Tijam, De Castro, Bersamin, Peralta,
After 20 senators voted in favor of impeachment Martires, and Jardaleza, alleging they have
under this ground, the Senate no longer voted manifest bias against her, as they testified against
under Article III. Three senators voted to acquit her in the House of Representatives for the
Corona on that ground. impeachment complaint.
Ethical Aspects of the Corona Impeachment The Supreme Court granted the petition for quo
Former Chief Justice Corona was the first justice warranto, and stated that it is the proper remedy
of the Supreme Court to be impeached and to remove a sitting Chief Justice. It also denied all
convicted. motions for inhibition filed against the 6 Associate
Justices. Justice Perlas-Bernabe submitted a
He was found guilty for culpable violation of the Separate Opinion, voting to dismiss the petition
Constitution and/or betrayal of public trust for not for quo warranto.
correctly declaring his statements of assets,
liabilities and net worth. Ethical aspects of CJ Sereno’s quo warranto,
on inhibition in the Rules of Court
The prosecution alleged that he inaccurately Under the Rules of Court, Rule 137, Sec. 1, there
declared his peso and dollar deports, and real are two kinds of inhibition. First is compulsory
estate properties. The defense argued that he did inhibition, where the judge has no choice provided
not declare his dollar deposits and peso deposits the presence of a circumstance in the Rule. The
because of the banking secrecy and foreign only exception to compulsory inhibition is where
currency deposit laws. It was also said that some there is written consent of all the parties-in-
undeclared assets are also co-mingled funds that interest, signed by them, and entered upon
he does not own solely. record. The second is voluntary inhibition, which
is left to the sound discretion of the judge whether
Quo Warranto Proceeding Against Chief to sit in a case.
Justice Maria Lourdes Sereno
Inhibition in the CJC
In August 2017, Atty. Larry Gadon filed an Rule 3.12 provides that a judge should not take
impeachment complaint against Supreme Court part in proceedings where the judge’s impartiality
Chief Justice Lourdes Sereno for culpable might reasonably be questioned.
violation of the Constitution, high crimes, and
betrayal of public trust. The complaint also alleged Blatant disregard and open defiance of the
that CJ Sereno failed to make truthful declarations sub judice rule
in her SALN. The sub judice rule restricts comments and
disclosures pertaining to the judicial proceedings
Later, in February 2018, quo warranto in order to avoid prejudging the issue, influencing
proceedings were filed by the Office of the the court, or obstructing administration of justice.
Solicitor General against Supreme Court Chief This is for the court to be immune from every
Justice Lourdes Sereno on the ground of culpable extraneous influence. The Court decided that
violation of the Constitution alleging: Sereno had violated the sub judice rule as she had
1. Non-submission of various SALN in the openly spoke out against the Supreme Court, and
previous years for judicial independence on various occasions to
different audiences (i.e., UP Diliman, IBP, Ateneo
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Law School, University of San Agustin, Philippine

Bar Association, and to the media). The Chair and the Vice Chair must be retired
Justices of the Supreme Court, and are entitled to
Failure to file SALN as a violation of the Code compensation equivalent to the compensation of
of Judicial Conduct an incumbent Justice of the Supreme Court.
The majority opinion of Justice Tijam cites the
Code of Judicial Conduct and 1987 Constitution in The three (3) regular members must be either a
placing the weight of a public official’s duty to file retired Justice of the CA, Sandiganbayan, or CTA,
SALN. The former provides that a judge shall and are entitled to a compensation equivalent to a
make a full financial disclosure as required by law. salary of the Justice of the CA, Sandiganbayan or
Following all of this, the Court found that Sereno’s CTA from which they retired.
failure to comply with the filing of her SALN
indicates her lack of integrity required to be a The JIB has the power and authority to receive
member of the Judiciary. administrative complaints or disciplinary actions
against any of the following:
NOTE: In the subsequent case of Re: Letter of 1. Presiding or Associate Justices of the
Mrs. Ma. Cristina Roco Corona requesting the Court of Appeals;
grant of retirement and other benefits to the late 2. Presiding or Associate Justices of the
former Chief Justice Renato C. Corona and her Sandiganbayan;
claim for survivorship pension as his wife under 3. Presiding or Associate Justices of the
Republic Act No. 9946, the Supreme Court, voting Court of Tax Appeals;
unanimously to grant survivorship benefits to Mrs. 4. Presiding or Associate Justices of the
Corona, stated that: Shari’ah High Court;
5. Officials and employees of the Office of
“For the future’s worth, it is herein stressed that the Jurisconsult;
the SALN is a tool for public transparency, never 6. First and second level court judges;
a weapon for political vendetta. The Filipino 7. Shari’ah District Court or Shari’ah Circuit
people live, toil, and thrive in a democracy, but the Court judges;
rule of law should not stand parallel to the rule of 8. Officers and employees of the judiciary;
the mob. Toe this line, and the nation may 9. Court Administrator, Deputy Court
eventually behold the laws that the Courts have Administrators, Assistant Court
forever sworn to uphold battered and bent.” (A.M. Administrators or personnel of the Office
No. 20-07-10-SC, Jaanuary 12, 2021) of the Court Administrator.
II. LOWER COURT JUDGES AND JUSTICES Exclusive jurisdiction of JIB

Administrative complaints against the following
Creation of the Judicial Integrity Board and the fall within the exclusive jurisdiction of the JIB:
Corruption Prevention and Investigation 1. Court officials with Salary Grades 30 and
Office 31, excluding those that are not within the
In 2018, the Supreme Court issued A.M. No. 18- jurisdiction of the JIB, regardless of the
01-05-SC establishing the Judicial Integrity Board gravity of the administrative offense;
(JIB) and the Corruption Prevention and 2. First and second level court judges,
Investigation Office (CPIO), amending Rule 140 of including Shari’ah District and Circuit
the Rules of Court. Court Judges, charged with serious
charges under Rule 140 of the Rules of
Judicial Integrity Board Court; and
The JIB is composed of a chairperson, vice- 3. Court officials or employees with Salary
chairperson, and 3 regular members, to be Grades 27 to 29, regardless of the gravity
appointed by the Supreme Court en banc for a of the violation of the Code of Conduct for
term of 3 years, without reappointment.
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Court Personnel and of the Civil Service any of the acts constituting the administrative
Laws and Rules. offense/s. (Rule 140, Sec. 2, ROC, as amended)
Delegation of JIB to other offices Institution by the Judicial Integrity Board,

In instances of administrative complaints against when warranted (Sec. 6)
judges involving less serious and light charges Disciplinary actions shall be instituted, motu
under Rule 140 of the Rules of Court, the JIB may proprio, by the JIB in the Supreme Court against
refer and delegate the investigation of such any of those mentioned in Sec. 1:
complains to the Office of the Court Administrator. 1. On account of conviction by the
Sandiganbayan or by the regular or special
For administrative or disciplinary actions against courts, or
court officials or employees with salary grades 26 2. On account of any charge in the
and below, regardless of the gravity of the Sandiganbayan or in a regular or special court
violation, the JIB may refer and delegate the for a felony or a crime defined by special law
investigation to the appropriate ethics or
disciplinary committees of the Court of Appeals, The JIB shall submit a report of such conviction or
Sandiganbayan, Court of Tax Appeals, and the criminal action to the Supreme Court within 10
Supreme Court (i.e., Office of the Court days from knowledge thereof, with a
Administrator or Office of Administrative recommendation that a report be deemed as an
Services). administrative complaint against said court
official.
Corruption Prevention and Investigation
Office (CPIO) Action on the complaint, under Rule 140, as
The CPIO has the authority to conduct amended (Sec. 3)
investigation and/or intelligence, surveillance, or If the JIB finds that the complaint is sufficient in
entrapment operations or lifestyle checks on form and substance, the respondent shall be
Justices, judges, and court personnel falling within served with a copy thereof.
the jurisdiction of the JIB. (See enumeration in
previous section.) The respondent is then required to file with the JIB
a verified answer or to comment thereon within 10
How disciplinary proceedings are instituted days from service thereof, or within any extension
Disciplinary proceedings may be instituted in the of such period as the JIB may grant. Otherwise,
JIB as follows: the JIB shall recommend to the SC the dismissal
1. Motu propio by the Supreme Court; of the complaint.
2. Upon the verified complaint, supported
by: (a) affidavits of persons who have Prohibited pleadings
personal knowledge of the facts alleged 1. Motion for bill of particulars
therein, or (b) by authentic documents 2. Motion for clarification
which may substantiate said allegations; 3. Motion for dismissal
or (c) upon an anonymous complaint, 4. Motion to quash
supported by public records of indubitable
integrity; or (d) where their material Hearing and termination
averments may easily be verified, and The investigating justice of judge shall set a day
may be substantiated and established by for the hearing and send notice to the parties. If
other competent evidence. the respondent fails to appear, the investigation
shall proceed ex parte.
Requisites of a valid complaint
A verified complaint or anonymous complaint shall The investigating justice or judge shall terminate
be in writing and shall state, clearly and concisely, the proceedings:
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(a) Within 90 days from the date of its the Lawyer’s Oath, the Code of Professional
commencement; or Responsibility, the Canons of Professional
(b) Within such extension as the Supreme Court Responsibility, or such other forms of breaches of
may grant. (Sec. 4, Rule 140, ROC) conduct that have been traditionally recognized as
grounds for the discipline of lawyers, shall be
When docketed as regular administrative considered as a disciplinary action against the
matter (Sec. 4) respondent as a member of the Philippine Bar.
Disciplinary actions or proceedings filed with or (Rule 140, Sec. 9, ROC as amended)
submitted to the SC or, on the basis of newspaper
or media reports, shall be docketed as a regular Disciplinary actions filed before compulsory
administrative matter, for appropriate final action retirement
of the Supreme Court in the absence of If the disciplinary action against any of those in
substantial factual issues. Sec. 1 is filed with the JIB 6 months before the
compulsory retirement of the official, for a cause
In such an instance, the respondent must be of action that occurred at least a year from filing,
served by the clerk of court of the SC with a copy and shown prima facie that it is intended to harass
of the complaint, records or documents filed, or and embarrass the respondent, the JIB shall
the newspaper and media reports. recommend the dismissal of the complaint with
the SC, and that complainant be cited for indirect
Respondent shall file a verified answer or contempt.
comment thereon, supported by affidavits of
person who have personal knowledge of the facts If the complainant is a lawyer, he shall be further
alleged therein, and/or by documents which may required to show-cause why he should not be
substantiate his allegations. The respondent has administratively sanctioned as a member of the
10 days from service, with extension if so granted. Philippine Bar and as an officer of the Court.
(Rule 140, Sec. 5, ROC) (Rule 140, Sec. 11, ROC as amended)
Preventive suspension of the respondent: Procedure for resolution of disciplinary

This can be initiated by: actions
1. The Supreme Court motu proprio; Any disciplinary action against any of those
2. The Supreme Court upon recommendation mentioned in Sec. 1, which may be resolved on
of the JIB; or the basis of pleadings of the parties,
3. At the request of the complainant. documents/papers of public or court records
and/or documents or papers filed with or
The preventive suspension shall subsist: submitted by them to the JIB shall be deemed
1. For a period of 60 days, or submitted for the preparation and submission by
2. Until final decision is reached by the Supreme the JIB of its Report and Recommendation to the
Court in the disciplinary action against the SC within 60 days from the receipt of said
respondent, or pleadings and/or court documents.
3. Until modified or lifted by the Supreme Court
(Rule 140, Sec. 8, ROC as amended) However, if based on the pleadings, there is a
prima facie case against the respondent, but the
Disciplinary actions considered as substantial factual issues are raised, the JIB shall
disciplinary actions against members of the recommend to the SC that the case be considered
Philippine Bar and docketed as a regular administrative matter,
Administrative cases filed against those within the and that the JIB be directed to conduct a formal
jurisdiction of the JIB, based on grounds which are investigation of the substantial factual issues
likewise grounds for disciplinary actions for the raised, and to submit a report and
members of the Philippine Bar under Sec. 27, recommendation to the SC within 60 days from
Rule 138 of the Rules of Court, or for violation of
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termination of such investigation. (Rule 140, Sec. Direct evidence of wrongdoing is not required
12, ROC as amended) in an administrative case for gross
misconduct
Effect of withdrawal or desistance In administrative proceedings, only substantial
The actuations of a judge seriously affect the evidence is required. Justice Ong’s actions during
public interest inasmuch as they involve the and after the pendency of the trial constitutes
administration of justice. It is for this reason that a gross misconduct, notwithstanding absence of
motion to withdraw a complaint will not justify the direct evidence of corruption and bribery.
dismissal of the administrative case against the
judge. Suspicion of partiality is sufficient for an
administrative charge
To condition administrative actions upon the will Justice Ong raised the defense that he was not
of every complainant, who may, for one reason or the ponente of the decision acquitting Ms.
another, condone a detestable act, is to strip the Napoles. The Court did not find this meritorious,
Supreme Court of its supervisory power to because the mere act of going to Ms. Napoles’
discipline erring members of the judiciary. office, Justice Ong exposed himself to the
(Anguluan v. Taguba, A.M. No. 1402-MJ, suspicion of partiality. The suspicion of partiality
September 14, 1979) was not abolished, notwithstanding the fact that
the decision was promulgated as part of a
Complainant's desistance is not an obstacle to the collegial body.
taking of disciplinary action against a judge if the
record reveals that he had not performed his Rule of propriety is not confined to a pending
duties properly. (Espayos v. Lee, A.M. No. 1574, or prospective litigation
April 30, 1979) It covers all times, because judges must be
beyond reproach and should avoid the mere
The case of Associate Justice suggestion of partiality and impropriety. Because
Gregory S. Ong magistrates are under constant public scrutiny,
the termination of a case will not deter public
Janet Lim Napoles was charged before the criticisms for acts which may cast suspicion on its
Sandiganbayan concerning a controversy disposition or resolution.
involving Kevlar helmets. Justice Ong was
accused of gross misconduct, partiality, corruption Failure to disclose meeting with the client
and bribery after the acquittal. It was alleged that prior to the initiation of administrative
during the pendency of the Kevlar case, Justice proceedings warrants liability
Ong was the “contact” of Ms. Napoles in the These are: being untruthful on crucial matters
Sandiganbayan. A news website also showed a amounts to dishonesty, a violation of Canon 3
photo of Justice Ong together with Ms. Napoles, (Integrity) of the New Code of Judicial Ethics.
and other people involved in the Pork Barrel Dishonesty, being a grave offense, carries the
controversy. Justice Ong also failed to disclose in extreme penalty of dismissal from the service with
his letter to the Chief Justice (sent prior the forfeiture of retirement benefits except accrued
administrative proceedings) that he actually leave credits, and with perpetual disqualification
visited Ms. Napoles, despite his denial that he from re- employment in government service. (Re:
socialized with her. ((Re: Allegations made under Allegations made under oath at the Senate Blue
oath at the Senate Blue Ribbon Committee Ribbon Committee hearing held on September
hearing held on September 26, 2013 Against 26, 2013 Against Associate Justice Gregory S.
Associate Justice Gregory S. Ong, Ong, Sandiganbayan, supra)
Sandiganbayan, A.M. No. SB-14-21-J,
September 23, 2014)
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III. FLOWCHART FOR THE PROCEDURE IN FILING ADMINISTRATIVE COMPLAINTS
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IV. GROUNDS FOR DISCIPLINARY ACTION 3. Unauthorized practice of law;

4. Violation of Supreme Court rules,
General grounds for administrative charges directives, and circulars;
1. Malfeasance – Performance of some act 5. Receiving additional or double
which ought not to be done compensation unless specifically
2. Misfeasance – Improper performance of authorized by law;
some act which might lawfully be done 6. Untruthful statements in the certificate of
service;
3. Nonfeasance – Omission of an act which
7. Simple Misconduct.
ought to be performed. (Government
Auditing Rules and Regulations, COA
Light Charges. – Light charges include:
Circular No. 91-368, December 19, 1991)
a. Vulgar and unbecoming conduct;
Malfeasance under the RPC: b. Gambling in public;
1. Knowingly Rendering Unjust Judgment c. Fraternizing with lawyers and litigants
(RPC, art. 204); with pending case/cases in his court; and
2. Judgment Rendered Through Negligence d. Undue delay in the submission of monthly
(RPC, art. 205) reports.
Classification of charges V. SANCTIONS IMPOSED BY THE

Administrative charges are classified as serious, SUPREME COURT ON ERRING
less serious, or light. (Rule 140, Sec. 21, ROC as MEMBERS OF THE JUDICIARY
amended)
Rule 140, Sec. 11, as amended, lays down the
Serious charges. – Serious charges include: sanctions that can be imposed on erring members
1. Bribery, direct or indirect; of the judiciary:
2. Dishonesty and violations of the Anti-Graft
and Corrupt Practices Law (R.A. No. Sec. 11. Sanctions. –
3019); A. If the respondent is guilty of a serious charge,
3. Gross misconduct constituting violations any of the following sanctions may be imposed:
of the Code of Judicial Conduct; 1. Dismissal from the service, forfeiture of all
4. Knowingly rendering an unjust judgment or part of the benefits as the Court may
or order as determined by a competent determine, and disqualification from
court in an appropriate proceeding; reinstatement or appointment to any public
5. Conviction of a crime involving moral office, including government-owned or
turpitude;
controlled corporations. Provided, however,
6. Willful failure to pay a just debt;
that the forfeiture of benefits shall in no case
7. Borrowing money or property from
include accrued leave credits;
lawyers and litigants in a case pending
before the court; 2. Suspension from office without salary and
8. Immorality; other benefits for more than three (3) but not
9. Gross ignorance of the law or procedure; exceeding six (6) months; or
10. Partisan political activities; and 3. A fine of more than P20,000.00 but not
11. Alcoholism and/or vicious habits. exceeding P40,000.00.
Less Serious Charges. – Less serious charges

include:
1. Undue delay in rendering a decision or
order, or in transmitting the records of a
case;
2. Frequently and unjustified absences
without leave or habitual tardiness;
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B. If the respondent is guilty of a less serious 5. There must be other relevant factors and
charge, any of the following sanctions shall be circumstances that may justify clemency.
imposed:
1. Suspension from office without salary and ————- end of topic ————
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.
C. If the respondent is 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 Censure;
2. Reprimand;
3. Censure
4. Admonition with warning.
Guidelines on judicial clemency in

administrative cases (Sultan Ali v. Judge
Pacalna, A.M. No. MTJ-03 1505, November 27,
2013)
1. There must be proof of remorse and
reformation. These shall include but
should not be limited to certifications or
testimonials of the officer(s) or chapter(s)
of the Integrated Bar of the Philippines,
judges or judges associations and
prominent members of the community
with proven integrity and probity. A
subsequent finding of guilt in an
administrative case for the same or
similar misconduct will give rise to a
strong presumption of non-reformation;
2. Sufficient time must have lapsed from the
imposition of the penalty to ensure a
period of reformation;
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 legal
scholarship and the development of the
legal system or administrative and other
relevant skills), as well as potential for
public service;
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LEGAL FORMS
ATENEO CENTRAL
III. PRACTICAL EXERCISES

A. DEMAND AND AUTHORIZATION LETTERS
TOPIC OUTLINE UNDER THE SYLLABUS
1. Relevant Provisions
A. Demand and Authorization Letters Those obliged to deliver or to do something incur in delay
B. Contracts of Sale of Realty or Personal Property from the time the oblige judicially or extrajudicially
C. Contract of Lease demands from them the fulfillment of their obligation.
D. Special Power of Attorney However, the demand by the creditor shall not be
E. Verification and Certificate of Non-Forum necessary in order that delay may exist:
Shopping a. When the obligation or the law expressly so
F. Notice of Hearing and Explanation in Motions declares
G. Judicial Affidavits
b. When from the nature and the circumstances
H. Notarial Certificates: Jurat and Acknowledgement
of the obligation it appears that the designation
I. Motions for Extension of Time, to Dismiss, and to of the time when the thing is to be rendered was
Declare in Default a controlling motive for the establishment of the
J. Quit Claims in Labor Cases contract; or
K. Promissory Note
c. When demand would be useless, as when the
L. Information in Criminal Cases
obligor has rendered it beyond his power to
M. Retainer Agreement perform.
In reciprocal obligations, neither party incurs in delay if the
other does not comply or is not ready to comply in a proper
manner with what is incumbent upon him. From the
moment one of the parties fulfills his obligation, delay by
the other begins. (New Civil Code, Art. 1169)
Unless otherwise stipulated, such action by the lessor shall
be commenced only after demand to pay or comply with
the conditions of the lease and to vacate is made upon the
lessee, or by serving written notice of such demand upon
the person found on the premises if no person be found
thereon, and the lessee fails to comply therewith after
fifteen (15) days in the case of land or five (5) days in the
case of buildings. (Rules of Court, Rule 70, Sec. 2)
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2. Form: Demand Letter
[Letterhead]
April 21, 2021

Mr. Cardio Dalisay
101 CityScape Tower, Mandaluyong City
Re: [SUBJECT]
Dear Mr. Dalisay,
We are writing on behalf of our client, Mrs. Alicia Florrick (“Mrs. Florrick”), in the matter of [SUBJECT].
Mrs. Florrick has informed us that: [insert summary of basic facts supporting your client’s demand/cause of action].
We wish to inform you that your acts constitute clear violations of [insert applicable laws or regulations violated by
the addressee which give rise to a cause of action in your client’s favor].
Accordingly, if Mrs. Florrick does not receive full payment of the sum of P15,000,000.00 within 15 days from your
receipt of this letter, we will be constrained to file all the appropriate civil and criminal actions against you in connection with
the foregoing facts.
We trust that you will give this demand your most urgent attention.
Yours,
Atty. Mike Ross
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3. Authorization Letter contract, take a specific action, spend a specified sum, or
An authorization letter is a written confirmation of a to delegate his or her duties and powers. (Business
person’s rank, authority or ability to enter a legally binding Dictionary)
4. Form: Authorization Letter
April 21, 2021
THE BRANCH CLERK OF COURT

Regional Trial Court
Branch 143, City of Makati
Re: [SUBJECT]
To the Branch Clerk of Court:
I am Corona V. Irus, plaintiff in Civil Case No. 182-887 pending before this Honorable Court.
This letter serves to introduce my counsel, XXX Law Firm and to authorize its lawyers and apprentices, including
but not limited to Atty. Mike Ross, Atty. Harvey Specter, and Atty. Rachel Zane to obtain copies of records pertaining to the
aforementioned case on my behalf.
For clarifications, you may reach me at 09176281727.
Thank you for your kind consideration.
Best regards,
[insert signature]
Corona V. Irus
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B. CONTACT OF SALE
C. CONTRACT OF LEASE
1. General Template
[NAME OF CONTRACT]
KNOW ALL MEN BY THESE PRESENTS:
This [Name of Contract] (“Agreement”) is entered into this [day] day of [Month] [Year] at [Place], between:
[FIRST PARTY]
and
[SECOND PARTY]
(The First Party and the Second Party are hereinafter collectively referred to as the “Parties”)
WITNESSETH: That –
WHEREAS:
A.
B.
C.
NOW, WHEREFORE, premises considered, the Parties hereby agree as follows:
[BODY OF CONTRACT]
IN WITNESS WHEREOF, the Parties have entered into this Agreement on the day and the year first above written.
By: By:
___________________________ ___________________________
FIRST PARTY SECOND PARTY
Witnessed by:
_____________________________ _____________________________
[INSERT ACKNOWLEDGMENT]
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2. Special Rules for Transactions Involving Real same before a notary public or other authorized
Property public officer
4. Where the instrument consists of two or more
For transactions involving real rights to be enforceable, pages, including the page whereon
they must be in writing and subscribed by the parties acknowledgment is written, each page of the copy
charged. As a general rule, evidence of the agreement
which is to be registered, except the page where
cannot be received without the writing. (Civil Code, Art.
1403 (2) (e)) the signatures already appear at the foot of the
instrument, shall be signed on the left margin by
A contract involving real rights which is in writing and the person/s executing the instrument and their
subscribed by the parties, but is not found in a public witnesses, and all the pages sealed with the
instrument, is valid. Thus, as a general rule, a defective notarial seal, and this fact as well as the number
notarization does not affect the validity of a contract. of pages shall be stated in the acknowledgment.
However, the instrument becomes a private instrument 5. Where the instrument acknowledged relates to a
which must be proved following the rules in Sections 20-22 sale, transfer, mortgage or encumbrance of two or
of Rule 132 of the Rules of Court. (Teoco v. Metrobank, more parcels of land, the number thereof shall
G.R. No. 162333, 2008)
likewise be set forth in said acknowledgment.
For deeds, conveyances, encumbrances, discharges, (P.D. 1529, Sec. 112)
powers of attorney and other voluntary instruments
involving real property to be registrable with the Register Note: If the instrument conveys 2 or more parcels of land,
of Deeds, the Property Registration Decree requires the pursuant to the Property Registration Decree, include the
following: following after the first paragraph in the acknowledgment:
1. The transaction must be contained in a public
instrument This instrument relates to the sale (or mortgage) of 2
parcels of land, and consists of 2 pages including the page
2. The instrument must be signed by the person/s
on which this acknowledgment is written, each and every
executing the same in the presence of at least two page of which, on the left margin, having been signed by
witnesses, who shall likewise sign it [SELLER] and her witnesses, and sealed with my Notarial
3. The instrument must be acknowledged to be the seal.
free act and deed of the person/s executing the
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3. Form: Deed of Sale of Registered Real Property
REPUBLIC OF THE PHILIPPINES )
City of _________ ) S.S.
DEED OF ABSOLUTE SALE
This Deed of Absolute Sale (“Deed”) is entered into this [day] of [Month] [Year] at [Place], between:
(NAME OF SELLER), of legal age, single/married to (Name of spouse if any), Filipino, and with residence and postal
address at (Address of Seller), hereinafter referred to as the “SELLER”
and
(NAME OF CORPORATION), a corporation organized and existing under the laws of the Republic of the Philippines,
with business address at (Address of Buyer), duly represented herein by its Position of Authorized Representative),
(Name of Authorized Representative), and hereinafter referred to as the “BUYER”
(the Seller and the Buyer are hereinafter collectively referred to as the “Parties”)
WHEREAS:
A. SEELLER is the registered owner in fee simple of a parcel of land with improvements covered by [Transfer or
Original Certificate] Title No. [XX], issued by the Register of Deeds of [City/Municipality] (the “Property”);
and
B. BUYER intends to buy the Property.
1. SELLER shall SELL, TRANSFER, and CONVEY absolutely and unconditionally to BUYER the Property or
certain parcel(s) of land, together with the buildings and improvements thereon situated in the City of Makati,
and more particularly described as follows:
[Technical Description of property; specify metes and bounds of the property with approximate area thereof, as
indicated on the face of the title]
2. BUYER shall pay for the Property the amount of [AMOUNT IN WORDS] PESOS (PhP XXX.00).
IN WITNESS WHEREOF, the parties have signed this contract on this __th day of [Month] [Year] at [Place of Signing]
By: By:
[NAME OF SELLER] [NAME OF BUYER]

SELLER Represented by: [Insert name
of authorized representative]
BUYER
Note: If the Buyer and/or Seller is married, marital consent must be
secured; thus, the Deed must also indicate this. Hence, add the
following:
With my consent:
NAME OF SPOUSE OF BUYER/SELLER

Seller(Buyer)’s Wife/Husband
SIGNED IN THE PRSENCE OF
[WITNESS 1 NAME] [WITNESS 2 NAME]
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4. Form: Deed of Sale of Personal Property (Motor Vehicle)

DEED OF ABSOLUTE SALE
OF A MOTOR VEHICLE
This Deed Of Absolute Sale (the “AGREEMENT”) is made and executed into this [day] of [Month] [Year] at [Place], by
and between:
ELON MUSKETEER Filipino, of legal age, married, and with address at [Address (“SELLER”)
And
BANG HYUNGA, Filipino, of legal age, married, and with address at [Address], (“BUYER”)
WHEREAS:
A. SELLER is the registered owner of a motor vehicle in fee simple as shown by Certificate of Registration No.
[xxx], a copy of which is hereto attached as Annex “A” and specifically described as follows:
MAKE: ENGINE NO:
SERIES: SERIAL/CHASIS
NO.:
TYPE OF BODY: PLATE NO.:
YEAR MODEL: FILE NO.:
B. BUYER intends to buy the Motor Vehicle.

1. The SELLER hereby sells, assigns, conveys, and transfers absolutely and unconditionally unto the BUYER the
Motor Vehicle, and the BUYER accepts the same, on an as-is-where-is basis;
2. The BUYER shall pay for the Motor Vehicle the amount of [INSERT AMOUNT IN WORDS] PESOS (PhP
XXX.00);
3. The BUYER shall bear all expenses for the execution and registration of this deed of sale.
IN WITNESS WHEREOF, the parties have signed this contract on this __th day of [Month] [Year] at [Place of Signing]
By: By:
ELON MUSTKEETEER BANG HYUNGA

SELLER BUYER
Note: If the Buyer and/or Seller is married, marital consent must be
secured; thus, the Deed must also indicate this. Hence, add the
following:
With my consent:
NAME OF SPOUSE OF BUYER/SELLER

Seller(Buyer)’s Wife/Husband
SIGNED IN THE PRSENCE OF
[WITNESS 1 NAME] [WITNESS 2 NAME]
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5. Special Rules for Sale of Personal Property in action or pay at the time some part of the purchase
General Rule: An agreement for the sale of goods, money, the contract becomes enforceable.
chattels, or things in action, at a price not less than P500, When a sale is made by auction and entry is made by the
must be in writing, or else it is unenforceable. (Civil Code, auctioneer in his sales book, at the time of the sale, of the
Art. 1403 (2) (d)) amount and kind of property sold, terms of sale, price,
names of the purchasers and person on whose account
Exceptions: the sale is made, then the sale is also enforceable. (Civil
If the buyer accepts and receives part of such goods and Code, Art. 1403 (2) (d))
chattels, or the evidences, or some of them, of such things
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6. Form: Contract of Lease
CITY OF MAKATI ) S.S.
CONTRACT OF LEASE
This Agreement is made and entered into at the City of Makati, this __th day of [MONTH], [YEAR], by and between:
GANDARA PARK, of legal age, married to CARDIO DALISAY (LESSOR), and resident of Makati City,
and
CHAROT SANTOS, of legal age, single and resident of Quezon City (LESSEE)
WITNESSETH that:
1. In consideration of a monthly rental of [AMOUNT IN WORDS] PESOS (PhP XXX.00) and the covenants made
below,
the LESSOR hereby LEASES to the LESSEE an apartment located at [ADDRESS] covered by Tax
Declaration No. [XXX] for a period of TWELVE (12) MONTHS from signing of this contract.
2. The LESSEE covenants, as follows:
2.1. To pay the rentals on or before the fifth day of each month, without need of demand at the residence of
LESSOR;
2.2. To keep the premises in good and habitable condition, making the necessary repairs inside and outside the
house;
2.3. Not to make major alterations and improvements without the written consent of the LESSOR and in the event
of such
unauthorized major alterations and improvements, surrendering ownership over such improvements and
alterations to the
LESSOR upon expiration of this lease;
IN WITNESS WHEREOF, the parties have signed this contract on the __th day of [MONTH] [YEAR] in [PLACE OF
SIGNING].
(sgd.) (sgd.)
GANDARA PARK CHAROT SANTOS
Lessor Lessee
With my consent:
(sgd.)
CARDIO DALISAY
SIGNED IN THE PRESENCE OF:
_____________________________ _____________________________
WITNESS 1 WITNESS 2
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7. Special Rules for Contract of Lease: enforceable: (1) when the contract lasts for a period of
There are two instances when a contract of lease must be more than one year and (2) when the transaction involves
in writing and subscribed by the parties charged to be real rights. (Civil Code, Art. 1403 (2) (e))
8. Form: Subscription Agreement
SUBSCRIPTION AGREEMENT
That the undersigned, CORONA V. IRUS, Filipino, and with address at [ADDRESS] (the “SUBSCRIBER”) hereby
subscribes to Five Thousand (5,000) shares of the common capital stock of ABC Corporation (the “CORPORATION”), a
corporation duly organized and existing under the laws of the Philippines, and with address at [OFFICE ADDRESS], at a
subscription price of PhP 100.00 per share, or a total subscription price of PhP 500,000.00, payable as follows:
1. 300,000 upon execution of this Agreement;

2. 100,000 on 6th of May 2018;
3. 100,000 on 6th of May, 2019.
Except as otherwise indicated above, subscriptions shall be payable at any time upon call by the Board of Directors of the
CORPORATION. Subscriptions not paid on due date shall be subject to interest at 6% per annum from due date until fully
paid, without prejudice to the right of the CORPORATION to declare the same delinquent in accordance with the Corporation
Code of the Philippines and to all other rights available to the CORPORATION under the law.
IN WITNESS WHEREOF, the parties have caused these presents to be signed on the __th day of [MONTH] [YEAR] at
[PLACE OF SIGNING].
CORPORATION: SUBSCRIBER:
________________________ _______________________
ABC Corporation CORONA V. IRUS
TIN 12345 TIN 12345
_____________________________ _____________________________
WITNESS 1 WITNESS 2
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D. SPECIAL POWER OF ATTORNEY
Special powers of attorney are necessary in the following
1. Overview cases:
As a general rule, a contract of agency may be oral. 1. To make such payments as are not usually
However, it must be written when the law requires a considered as acts of administration;
specific form. Specifically, Article 1874 of the Civil Code 2. To effect novation which put an end to obligations
provides that the contract of agency must be written for the already in existence at the time the agency was
validity of the sale of a piece of land or any interest therein. constituted;
Otherwise, the sale shall be void. A related provision,
3. To compromise, to submit questions to arbitration,
Article 1878 of the Civil Code, states that special powers
of attorney are necessary to convey real rights over to renounce the right to appeal from a judgment,
immovable properties. (Yoshizaki v. Joy Training Center of to waive objections to the venue of an action or to
Aurora, G.R. No. 174978, 2013) abandon a prescription already acquired;
4. To waive any obligation gratuitously;
2. Relevant Provisions 5. To enter into any contract by which the ownership
When a sale of a piece of land or any interest therein is of an immovable is transmitted or acquired either
through an agent, the authority of the latter shall be in gratuitously or for a valuable consideration;
writing; otherwise, the sale shall be void. (Civil Code, Art. 6. To make gifts, except customary ones for charity
1874) or those made to employees in the business
managed by the agent;
An agency couched in general terms comprises only acts
of administration, even if the principal should state that he 7. To loan or borrow money, unless the latter act be
withholds no power or that the agent may execute such urgent and indispensable for the preservation of
acts as he may consider appropriate, or even though the the things which are under administration;
agency should authorize a general and unlimited 8. To lease any real property to another person for
management. (Civil Code, Art. 1877) more than one year;
9. To bind the principal to render some service
without compensation;
10. To bind the principal in a contract of partnership;
11. To obligate the principal as a guarantor or surety;
12. To create or convey real rights over immovable
property;
13. To accept or repudiate an inheritance;
14. To ratify or recognize obligations contracted
before the agency;
15. Any other act of strict dominion. (Civil Code, Art.
1878)
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3A. Form: Special Power of Attorney for Representation in Actions
SPECIAL POWER OF ATTORNEY
KNOWN ALL MEN BY THESE PRESENTS:
I, GANDARA PARK, of legal age, Corporate Secretary of AAA Manufacturing Corporation (“AAA”), a corporation
duly organized and existing under Philippine laws, by virtue of this authority given to me pursuant to a Board Resolution
duly issued by AAA’s Board of Directors in its meeting on 19 November 2019, as evidenced by the secretary’s certificate
attached hereto, do hereby name, constitute and, appoint:
JANE DOE to be AAA’s true and lawful attorney-in-fact in Civil Case No. 87612 entitled AAA MANUFACTURING
CORPORATION v. DE LOS SANTOS (“Case”), for and on its behalf to:
(A) Appear for and represent AAA whether at the original or appellate stage, and whether as appellant or appellee,
petitioner or respondent;
(B) Sign, under oath or otherwise, all necessary and appropriate pleadings, motions, verifications,
certifications, papers and documents;
(C) Act as agent and appear on behalf of AAA in the mandatory conciliation, mediation conference, judicial
dispute resolution, and pre-trial proceedings and all other hearings in the Case, with full power and authority to consider:
(i) The possibility of an amicable settlement or of submission to alternative modes of dispute resolution;
(ii) The simplification of the issues;
(iii) The necessity or desirability of amending the pleadings;
(iv) The possibility of obtaining stipulations or admissions of fact and of documents to avoid proof;
(v) The limitation of the number of witnesses;
(vi) The advisability of a preliminary reference of issues to a commissioner;
(vii) The propriety of rendering judgment on the pleadings, or summary judgment, or of dismissing the Case
should a valid ground therefor be found to exist;
(viii) The advisability or necessity of suspending proceedings; and,
(ix) Such other matters as may aid in the prompt disposition of this Case.
(D) Negotiate, conclude, enter into, and execute a compromise or amicable settlement of the Case, if appropriate.
HEREBY GIVING AND GRANTING unto said attorney-in-fact full power and authority whatsoever which may be
necessary or proper to be done in or about the premises, as fully to all intents and purposes as AAA might or could do if
personally present, with power of substitution and revocation, and hereby ratifying and confirming all that said attorney-in-
fact shall do or cause to be done and by virtue of these presents.
IN WITNESS WHEREOF, I have hereunto affixed my signature on this __th day of [MONTH] [YEAR] at [PLACE
OF SIGNING].
GANDARA PARK JANE DOE

Principal Attorney-in-fact
[INSERT ACKNOWLEDGEMENT]
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3B. Form: Special Power of Attorney for Purchase of Real Property

I, LISSA SOBERANO, of legal age, Filipino Citizen, with residence and postal address at [ADDRESS], do hereby
NAME, CONSTITUTE AND APPOINT JINKY SOBERANO, of legal age, Filipino citizen with residence and postal address
[ADDRESS], as my true and lawful attorney-in-fact, to act for and in my name, place, and stead to perform all or any of the
following:
(A) To purchase real property or properties anywhere in the Philippines, in an amount acceptable to her;
(B) To sign and/or execute any deed of conveyance to effect the sale of the property in my/our name/s; and
(C) To receive all the documents pertinent to the purchase of any property.
HEREBY GIVING AND GRANTING unto said attorney-in-fact full power and authority whatsoever which may be
necessary or proper to be done in or about the premises, as fully to all intents and purposes as I might or could do if
personally present, with power of substitution and revocation, and hereby ratifying and confirming all that said attorney-in-
fact shall do or cause to be done and by virtue of these presents.
IN WITNESS WHEREOF, I have hereunto affixed my signature on this __th day of [MONTH] [YEAR] in [PLACE
OF SIGNING].
LISSA SOBERANO JINKY SOBERANO

_____________________________ _____________________________
WITNESS 1 WITNESS 2
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3C. Form: Special Power of Attorney for Sale of Real Property

I, CARDO DALISAY, of legal age, Filipino Citizen, with residence and postal address at [ADDRESS], do hereby
NAME, CONSTITUTE AND APPOINT RAFY TULFO, of legal age, Filipino citizen, with residence and postal address
[ADDRESS], as my true and lawful attorney-in-fact, to act for and in my name, place, and stead to perform all or any of the
following:
(A) To sell, offer for sale, and come to an agreement as to the purchase price;
(B) To sign for me and in my name; and
(C) To receive payment from the sale of my property more particularly described as follows:
HEREBY GIVING unto said attorney-in-fact full power and authority to execute and perform every act necessary to
render effective the power to sell the foregoing properties, as though I, myself have performed it, and HEREBY APPROVING
ALL that he/she may do by virtue hereof with full right of substitute of his/her person and revocation of this instrument.
IN WITNESS WHEREOF, I have hereunto affixed my signature on this __th day of [MONTH, YEAR] in [PLACE OF
EXECUTION OF INSTRUMENT].
CARDO DALISAY RAFY TULFO

_____________________________ _____________________________
WITNESS 1 WITNESS 2
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3D. Form: Special Power of Attorney for Lease of Real Property

I, KRIZ AKINO, of legal age, Filipino Citizen, with residence and postal address at [ADDRESS], do hereby NAME,
CONSTITUTE AND APPOINT BIMBI AKINO, of legal age, Filipino citizen, with residence and postal address [ADDRESS],
as my true and lawful attorney-in-fact, to act for and in my name, place, and stead to perform all or any of the following:
(A) To lease, offer for lease, and come to an agreement as to the lease price;
(B) To sign for me and in my name; and
(C) To receive payment from the lease of my property more particularly described as follows:
render effective the power to lease the foregoing properties, as though I, myself have performed it, and HEREBY
APPROVING ALL that he/she may do by virtue hereof with full right of substitute of his/her person and revocation of this
instrument.
KRIZ AKINO BIMBI AKINO

_____________________________ _____________________________
WITNESS 1 WITNESS 2
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3E. Form: Special Power of Attorney to Mortgage

I, NESTLE KREME, of legal age, Filipino Citizen, with residence and postal address at [ADDRESS], do hereby
NAME, CONSTITUTE AND APPOINT ALASKA EVAPORATED, of legal age, Filipino citizen, with residence and postal
address [ADDRESS], as my true and lawful attorney-in-fact, to act for and in my name, place, and stead to perform all or
any of the following:
(A) To loan in her discretion, deem to be in my best interest;

(B) To mortgage, offer for mortgage, my property/properties as described below, as security for the prompt
payment of the said loan, including its renewals, extensions, rescheduling, restructuring, reavailments or
amendments thereof; (C) To sign for me and in my name as may be necessary or proper in connection
with the foregoing upon the terms and conditions as my said Attorney-in-fact may, in his / her
discretion, deem to be in my best interest;
(D) To receive the proceeds of the loan as well as legal notices or processes directed to me in the event of
foreclosure or other satisfaction of the suit premised on the Deed of Real Estate Mortgage and mortgage my
property/properties more particularly described as follows: [INSERT DESCRIPTION]; and
(E) To do and perform any and all acts necessary for the faithful execution of the foregoing acts and deeds.
render effective the power to loan and mortgage the foregoing properties, as though I, myself have performed it, and
HEREBY APPROVING ALL that he/she may do by virtue hereof with full right of substitute of his/her person and revocation
of this instrument.
NESTLE CREAM ALASKA EVAPORATED

_____________________________ _____________________________
WITNESS 1 WITNESS 2
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E. VERIFICATION AND CERTIFICATE OF NON-
FORUM SHOPPING
whether in the form of a secretary’s certificate or a special
1. Verification power of attorney, should be attached to the pleading, and
General Rule: Pleadings need not be verified. (Rules of shall allege the following attestations:
Court, Rule 7, Sec. 4)
Exception: When explicitly required by law or the Rules of a) The allegations in the pleading are true and correct
Court. (Rules of Court, Rule 7, Sec. 4) based on his or her personal knowledge, or based
on authentic documents;
Some Examples of Verified Pleadings: b) The pleading is not filed to harass, cause
1. All pleadings under the Rules of Summary unnecessary delay, or needlessly increase the
Procedure (Rules of Summary Procedure, Rule II, cost of litigation; and
Sec. 3 (B)) c) The factual allegations therein have evidentiary
2. Petition for a notarial commission (2004 Rules on support or, if specifically so identified, will likewise
Notarial Practice, Rule III, Sec. 2) have evidentiary support after a reasonable
3. Petition for Adoption (Rule on Adoption, Domestic opportunity for discovery.
Adoption, Sec. 7)
4. As a general rule, pleadings where there is a The signature of the affiant shall further serve as a
specific denial under oath of an actionable certification of the truthfulness of the allegations in the
document (Rules of Court, Rule 8, Sec. 8) pleading. (Rules of Court, Rule 7, Sec. 4, as amended)
5. Petition for relief from judgment, order, or other
proceedings (Rules of Court, Rule 38, Sec. 1) How Not Done: A pleading required to be verified shall be
6. Petition for relief from denial of appeal (Rules of treated as an unsigned pleading when:
Court, Rule 38, Sec. 1) 1. It contains a verification based on "information and
belief," or upon "knowledge, information and
How Done: A pleading is verified by an affidavit of an belief," or
affiant duly authorized to sign said verification. The 2. It lacks a proper verification. (Rules of Court, Rule
authorization of the affiant to act on behalf of a party, 7, Sec. 4)
2. Form: Verification (In General)

VERIFICATION
I, JINIT JACKSON, of legal age, with residence at [ADDRESS], after having been duly sworn in accordance with law,
do hereby depose and state that:
1. I am the Plaintiff in the pleading entitled “Petition for Relief from Judgment”;
2. I have cause its preparation;
3. I have read it and the allegations therein are true and correct based on my personal knowledge or based on
authentic records;
4. The pleading is not filed to harass, cause unnecessary delay, or increase the cost of litigation;
5. The factual allegations therein have evidentiary support or, if specifically so identified, will likewise have
evidentiary support after a reasonable opportunity for discovery.
IN WITNESS WHEREOF, I have signed this verification on __th [MONTH] [YEAR].
(sgd.)
JINIT JACKSON
Affiiant
[INSERT JURAT]
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3. Form: Verification (Specific Denial Under Oath of An Actionable Document Under Rule 8, Sec. 8)
VERIFICATION
I, ELVIS SUPRESLY, of legal age, with residence at [ADDRESS], do hereby depose and state that:
1. I am the defendant in the case filed by JINIT JACKSON for ejectment;

2. In response, I have caused the preparation of this Answer with Counterclaim;
3. I have read its contents and affirm that they are true and correct to the best of my own personal knowledge and
authentic documents in our possession;
4. I specifically deny the genuineness and due execution as well as the binding effect of the actionable documents
pleaded by
plaintiff;
IN WITNESS WHEREOF, I have signed this verification on __th [MONTH] [YEAR].
(Sgd.)
ELVIS SURPRESLY
Affiant
[INSERT JURAT]
4. Certification Against Forum Shopping

the court wherein his aforesaid complaint or
In the certification against forum shopping, the plaintiff or initiatory pleading has been filed. (Rules of Court,
principal party shall certify under oath (1) in the complaint Rule 7, Sec. 5)
or other initiatory pleading asserting a claim for relief, or
(2) in a sworn certification annexed thereto and
simultaneously filed therewith: The authorization of the affiant to act on behalf of a party,
whether in the form of a secretary’s certificate or a special
1. That he has not theretofore commenced any
power of attorney, should be attached to the pleading
action or filed any claim involving the same issues (Rules of Court, Rule 7, Sec. 5).
in any court, tribunal or quasi-judicial agency and,
to the best of his knowledge, no such other action Failure to comply with the foregoing requirements shall
or claim is pending therein; 1. NOT be curable by mere amendment of the
2. If there is such other pending action or claim, a complaint or other initiatory pleading
complete statement of the present status thereof; 2. Shall be cause for the dismissal of the case
and without prejudice, unless otherwise provided,
3. If he should thereafter learn that the same or upon motion and after hearing. (Rules of Court,
similar action or claim has been filed or is pending, Rule 7, Sec. 5)
he shall report that fact within 5 days therefrom to
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VERIFICATION CERTIFICATION AGAINST FORUM SHOPPING
If signed by the wrong party, this is a formal defect If signed by the wrong party, this is a substantive defect
Does not necessarily render the pleading fatally General Rule:

defective. Not curable despite subsequent submission or correction
thereof
The court may order its submission or correction or act
on the pleading if the attending circumstances are such Exception:
that strict compliance with the Rule may be dispensed When there is a need to relax the Rule on the ground of
with in order that the ends of justice may be served "substantial compliance" or presence of "special
thereby. circumstances or compelling reasons
Executed by the party-pleader General Rule:

Must be executed by the party-pleader, not by his counsel.
Exception:
If there are reasonable or justifiable reasons, & the party-
pleader is unable to sign, he must execute a Special Power
of Attorney designating his counsel of record to sign on his
behalf.
(Vda. de Formosa v. Philippine National Bank, G.R. No. 154704, 2011 & Fuji Television Network v. Espiritu, G.R. No.
204944-45, 2014)
General Rule: The certification against forum shopping common interest and invoke a common cause of action or
must be signed by all the plaintiffs or petitioners in a case; defense, the signature of only one of them in the
otherwise, those who did not sign will be dropped as certification is substantial compliance with the Rules. One
parties to the case. example of such a situation would be co-ownership by
family members of a specific property. (Vda. de Formosa
Exception: Under reasonable and justifiable v. Philippine National Bank, G.R. No. 154704, 2011)
circumstances, when all the plaintiffs or petitioners share a
5. Form: Certification Against Forum Shopping
CERTIFICATION AGAINST FORUM SHOPPING
I, GARY VEE, of legal age, and resident of [ADDRESS], after having been duly sworn in accordance with law, do hereby
depose and state that: I am the plaintiff in the case entitled VEE v. VENDETTA;
1. I hereby certify that I have not earlier commenced any action or filed any claim involving the same issues before
any other
court, tribunal or quasi-judicial agency;
2. To the best of my knowledge, there is no such pending action or claim;
3. If I should learn that a similar action or claim has been filed or is pending before any other court, tribunal, or quasi-
judicial
agency, I shall report such fact to this Honorable Court within five (5) days from the discovery.
IN WITNESS WHEREOF, I have signed this certification on __th [MONTH] [YEAR].
(Sgd.)
GARY VEE
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Affiant
[INSERT JURAT]
6. Special Rules Governing Verifications and Exception: Jurisprudence has held that the following
Certifications Against Forum Shopping of officials or employees of the company can sign the
Corporations verification and certification without need of a board
resolution:
General Rule: To validly sign the verification and 1. The Chairperson of the Board of Directors
certificate against forum shopping of a corporation, 2. The President of a corporation
corporate officers must attach either the board resolution
3. The General Manager or Acting General Manager
authorizing them, or the Corporate Secretary’s Certificate.
(Mid-Pasig Land Development Co. v. Tablante, G.R. No. 4. Personnel Officer
162924, 2010) 5. An Employment Specialist, if what is involved is a
labor case. (Fuji Television Network v. Espiritu,
G.R. No. 204944-45, 2014)
7. Form: Verification and Certification Against Forum Shopping of a Corporation

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING
I, RUFFA GO, of legal age, do hereby state that:
1. I am the President of GO GO GO! Corporation and in such capacity, caused this Complaint to be prepared;
2. I was authorized by the Board of Directors of GO GO GO! Corporation to file this suit, as evidenced by the attached
board resolution;
3. I have read its contents and affirm that they are true and correct to the best of my own personal knowledge;
4. I hereby certify that there is no other case commenced or pending before any court involving the same parties and
the same issue and that, should I learn of such a case, I shall notify the court within 5 days from my notice.
IN WITNESS WHEREOF, I have signed this instrument on 19 July 2020.
(Sgd.)
RUFFA GO
Affiant
[INSERT JURAT]
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F. NOTICE OF HEARING AND EXPLANATION IN
MOTIONS
all parties concerned, and shall specify the time and date
1. Definition and General Rules for Notice of Hearing of the hearing (Rules of Court, Rule 15, Sec. 6).
A notice of hearing is a notice to opposing counsel of the
hearing date. (Te, Pleadings, Petitions, Motions and Other 2. Special Rules Governing Notice of Hearing Before
Judicial and Legal Forms, 2007). the Court Of Appeals and Supreme Court
General Rule: Motions before the Court of Appeals and
General Rule: For litigous motions, upon filing of the
the Supreme Court are not set for hearing; hence, a notice
oppositing party’s opposition the motion shall be resolved
by the court within fifteen (15) calendar days from its of hearing is generally not filed before these courts. (Rules
receipt of the opposition thereto, or upon expiration of the of Court, Rule 49, Sec. 3 & Rule 56, Sec. 2)
period to file such opposition. No hearing shall be required
(Rules of Court, Rule 15, Sec. 5). Exception: Before the Court of Appeals and the Supreme
Court, oral arguments on motions are only set for hearing
Exception: The court may, in the exercise of its discretion, when the court so directs. (Rules of Court, Rule 49, Sec. 3
and if deemed necessary for its resolution, call a hearing & Rule 56, Sec. 2)
on the motion. The notice of hearing shall be addressed to
3. Form: Notice of Hearing

NOTICE OF HEARING
THE BRANCH CLERK OF COURT

Regional Trial Court
Makati City, Branch 1
Please submit the foregoing Motion to the Court for its consideration and approval immediately upon receipt hereof and
kindly include the same in the court’s calendar for hearing on Friday, 17th of March, 2020, at 8:30 in the morning.
ATTY. MIKE ROSS

Counsel for the Plaintiff
1 Rockwell Drive
Makati City
Please take notice that counsel has requested to be heard on Friday, 17th of March, 2020, at 8:30 in the morning.
(sgd.)
Atty. Harvey Specter
Counsel for Defendant
A&A Firm
Hidalgo Drive, Makati City
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4. Explanations in Motions Whenever practicable, the service and filing of pleadings
and other papers shall be done personally. Except with
An explanation is required only when a pleading or motion respect to papers emanating from the court, a resort to
is served and/or filed other than by personal service or other modes must be accompanied by a written
filing. explanation why the service or filing was not done
personally. A violation of this Rule may be cause to
An affidavit of service or filing is required only when a consider the paper as not filed. (Solar Team Entertainment
pleading or motion is served and/or filed other than by v. Ricafort, GR No. 132007, August 5, 1998)
personal service or filing. (Rules of Court, Rule 13, Sec.
16&17)
5. Form: Explanations in Motions
EXPLANATION
(Pursuant to Section 17, Rule 13 of the A.M. No. 19-10-20-SC)
In compliance with the rule above, counsel respectfully manifests that copies of this Motion to Dismiss were
filed and served upon the foregoing parties by private courier in lieu of personal service, due to [insert reason/s such
as: temporary lack of manpower, distance, traffic, and lack of material time due to COVID-19 pandemic].
G. JUDICIAL AFFIDAVIT
1. Definition of Affidavit
It is a sworn statement in writing sworn before a notary or other officers entitled to administer oaths. (Suare, Legal Forms)
2. Form: Basic Template for All Affidavits

[Note: This provided template is the standard for all forms of affidavits.]
CITY OF ______________________) S.S.
AFFIDAVIT
I, ARIANA VENTI of legal age with address at [address], after being sworn in accordance with law, do hereby depose
and state that:
1. [INSERT RECITAL OF FACTS ATTESTED TO OR AFFIRMED IN THE AFFIDAVIT. NOTE THAT THESE
“FACTS” SHOULD BE BASED ON THE AFFIANT’S PERSONAL KNOWLEDGE.]
2. [ x x x ]
3. [ x x x ]
I have nothing further to say at this time.
IN WITNESS WHEREOF, I have affixed my signature on this [date] in the [place].
(sgd.)
ARIANA VENTI
Affiant
[INSERT JURAT]
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Memory Aid: (PaTi-VenO-ReSiJu) (+ Notarial referred to here as the "court."

Certificate)
Section 3. Contents of judicial Affidavit. - A judicial affidavit
1. Party/ies shall be prepared in the language known to the witness
2. Title and, if not in English or Filipino, accompanied by a
3. Venue translation in English or Filipino, and shall contain the
4. Oath following:
5. Recitals (which must be based on personal
knowledge) (a) The name, age, residence or business address, and
6. Signature occupation of the witness;
7. Jurat
(b) The name and address of the lawyer who conducts or
3. Judicial Affidavit supervises the examination of the witness and the place
General Rule: Every pleading stating a party’s claims or where the examination is being held;
defenses shall, in addition to those mandated by Section
2, Rule 7, state the following: (c) A statement that the witness is answering the questions
(a) Names of witnesses who will be presented to prove asked of him, fully conscious that he does so under oath,
and that he may face criminal liability for false testimony or
a party’s claim or defense;
perjury;
(b) Summary of the witnesses’ intended testimonies,
provided that the judicial affidavits of said witnesses (d) Questions asked of the witness and his corresponding
shall be attached to the pleading and form an answers, consecutively numbered, that:
integral part thereof. Only witnesses whose judicial (1) Show the circumstances under which the witness
affidavits are attached to the pleading shall be acquired the facts upon which he testifies;
presented by the parties during trial. (2) Elicit from him those facts which are relevant to the
Exception: If a party presents meritorious reasons as issues that the case presents; and
basis for the admission of additional witnesses, no other (3) Identify the attached documentary and object
witness or affidavit shall be heard or admitted by the court evidence and establish their authenticity in
(Rules of Court, Rule 7, Sec. 6). accordance with the Rules of Court;
4. Judicial Affidavit Rule (A.M. No. 12-8-8-SC)
(e) The signature of the witness over his printed name; and
Section 1. Scope. - (a) This Rule shall apply to all actions,
proceedings, and incidents requiring the reception of (f) A jurat with the signature of the notary public who
evidence before: administers the oath or an officer who is authorized by law
to administer the same.
(1) The Metropolitan Trial Courts, the Municipal Trial
Courts in Cities, the Municipal Trial Courts, the Municipal Section 4. Sworn attestation of the lawyer. –
Circuit Trial Courts, and the Shari' a Circuit Courts but shall (a) The judicial affidavit shall contain a sworn attestation at
not apply to small claims cases under A.M. 08-8-7-SC; the end, executed by the lawyer who conducted or
supervised the examination of the witness, to the effect
(2) The Regional Trial Courts and the Shari'a District that:
Courts; (1) He faithfully recorded or caused to be recorded the
questions he asked and the corresponding answers
(3) The Sandiganbayan, the Court of Tax Appeals, the that the witness gave; and
Court of Appeals, and the Shari'a Appellate Courts; (2) Neither he nor any other person then present or
assisting him coached the witness regarding the latter's
(4) The investigating officers and bodies authorized by the answers.
Supreme Court to receive evidence, including the
Integrated Bar of the Philippine (IBP); and (b) A false attestation shall subject the lawyer mentioned
to disciplinary action, including disbarment.
(5) The special courts and quasi-judicial bodies, whose
rules of procedure are subject to disapproval of the Section 9. Application of rule to criminal actions. –
Supreme Court, insofar as their existing rules of procedure (a) This rule shall apply to all criminal actions:
contravene the provisions of this Rule.1 (1) Where the maximum of the imposable penalty does
not exceed six years;
(b) For the purpose of brevity, the above courts, quasi-
(2) Where the accused agrees to the use of judicial
judicial bodies, or investigating officers shall be uniformly
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affidavits, irrespective of the penalty involved; or and object evidence previously marked as Exhibits 1, 2, 3,
(3) With respect to the civil aspect of the actions, and so on. These affidavits shall serve as direct
whatever the penalties involved are. testimonies of the accused and his witnesses when they
appear before the court to testify.
(b) The prosecution shall submit the judicial affidavits of its
witnesses not later than five days before the pre-trial, 4. How questions should be couched
serving copies if the same upon the accused. The The Judicial Affidavit stands as the witness’ direct
complainant or public prosecutor shall attach to the testimony, and as such must conform to the Rule on
affidavits such documentary or object evidence as he may Evidence particularly that questions propounded to a
have, marking them as Exhibits A, B, C, and so on. No witness must not be leading questions. Generally,
further judicial affidavit, documentary, or object evidence questions answerable by “yes” or “no” are leading
shall be admitted at the trial. questions which should not be included in a Judicial
Affidavit. To avoid leading questions, the questions must
(c) If the accused desires to be heard on his defense after be confined to “who”, “what”, “when”, “where”, “why”, and
receipt of the judicial affidavits of the prosecution, he shall “how”.
have the option to submit his judicial affidavit as well as
those of his witnesses to the court within ten days from Note: Parties may execute join judicial affidavits, so long
receipt of such affidavits and serve a copy of each on the as it is discernable from such whom among the witnesses
public and private prosecutor, including his documentary are giving which answers.
5. Form: Judicial Affidavit

REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH #, [Venue]
Mavie Taehyung,
Plaintiff,
- versus – Civil Case No. 16-228
For: Damages
Kalinda Sharma,
Defendant.
x------------------------------------------------ x
JUDICIAL AFFIDAVIT
OF MAVIE PERIPERI
I, Mavie Taehyung, Filipino, of legal age, single, residing at 888 Katipunan Avenue, Quezon City, after having
been duly sworn to in accordance with law, and consciously knowing that I am under oath, and with understanding
that I may face criminal liability for false testimony or perjury, I hereby answer the following questions from Atty. Jin
Demaisip with office address at 123 Fairview, Quezon City, who conducted this examination in her office.
OFFER OF TESTIMONY
The following testimony of affiant, Ms. Mavie Taehyung is being offered to identify the Contract of Sale entered
into between Ms. Mavie Taehyung and Ms. Kalinda Sharma; and other matters in relation thereto.
TESTIMONY PROPER
1. Q: Please state your name and personal circumstances.
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A: I am Mavie Taehyung, Filipino, single, 23 years of age and with residence at 888 Katipunan Avenue,
Quezon
City.
2. Q: What is your present occupation?
A: I am an associate at Stern, Lockhart and Gardner.
3. Q: How did you meet Ms. Kalinda Sharma?
A: We went to law school together.
4. Q: What took place between you and Ms. Kalinda Sharma?
A: We entered into a Contract of Sale on June 19, 2020 over 18 units of iPhone Xs.
5. Q: What was the consideration?
A: I was to pay P20,000 for each unit.
6. Q: I am showing you a document consisting of one page which has been marked as Exhibit “A”.
How is this document related to the Contract of Sale dated June 19, 2020 you mentioned?
A: They are the same.
(Manifestation: Your Honor, the witness submitted and identified the Contract of Sale dated June 19, 2020.
Let the same be
marked as Exhibit “A”)
7. Q: When were these iPhone units to be delivered?
A: These were to be delivered after Ms. Kalinda Sharma encashes my cheque.
8. Q: What happened after the encashment of the cheque?
A: Ms. Kalinda Sharma delivered 18 units of iPhone Xs to me, but they were not in working condition.
9. Q: What did you do upon realizing these iPhone X units were not working?
A: I demanded that these units be replaced.
10. Q: After demanding for replacement, what did Ms. Kalinda Sharma do?
A: She refused to replace them.
11. Q: After her refusal to replace them, what did you do?
A: I asked that my money be returned instead.
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12. Q: After asking for the return of your money, what did Ms. Kalinda Sharma do?
A: She refused to return my money.
13. Q: What happened after Ms. Kalinda Sharma’s refusal to return your money?
A: I filed this civil case for damages.
IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of November, 2020 at Makati City.
Mavie Taehyung
Affiant
[INSERT JURAT + NOTARIAL CERTIFICATE]

SWORN ATTESTATION
I, [NAME OF LAWYER], with office address at [INSERT ADDRESS] attest under oath that:
1. I faithfully recorded the questions asked and the corresponding answers given by the witness, KATY
TAEHYUNG;
2. I faithfully recorded the questions I asked KATY PERIPERI and the corresponding answers she gave us;
and
3. Neither I nor any other person present, coached KATY PERIPERI regarding her answers.
[NAME OF LAWYER]
———————————-
Affiant
[INSERT JURAT + NOTARIAL CERTIFICATE]
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H. NOTARIAL CERTIFICATES: JURAT AND
ACKNOWLEDGEMENT
The notarial certificate shall include the following:
1. Notarial Certificate; Defined 4. The name of the notary public as exactly indicated
"Notarial Certificate" refers to the part of, or attachment in the commission;
to, a notarized instrument or document that is: 5. The serial number of the commission of the notary
1. Completed by the notary public; public;
2. Bears the notary's signature and seal; and 6. The words "Notary Public" and the province or city
3. States the facts attested to by the notary public in a where the notary public is commissioned, the
particular notarization as provided for by these expiration date of the commission, the office
Rules. (Rule II, Sec. 8 of 2004 Rules on Notarial address of the notary public; and
Practice) 7. The roll of attorney's number, the professional tax
receipt (PTR) number and the place and date of
issuance thereof, and the IBP membership number.
(Rule VIII, Sec. 2 of 2004 Rules on Notarial Practice)
2. Form: Notarial Certificate

[Signature of Notary Public]
CORONA V. IRUS
Notary Public for Makati City
Appointment No. 234 until Dec. 31, 2019

874 Swallow St., Makati City
Roll No. 12345
IBP No. 225; issued Jan. 2, 2017; IBP Makati Chapter
PTR No. 24; issued Jan. 3, 2017; Makati City
Memory Aid: (PINo-DARNA or PIANo-NARD) 3. Jurat; Defined

1. Name “Jurat” refers to an act in which an individual on a single
2. Notary Public for Venue occasion:
3. Appointment No. 1. appears in person before the notary public and
4. Date of expiry presents an instrument or document;
5. Address/Regular Place of Work or Business 2. is personally known to the notary public or identified
6. Roll No. by the notary public through competent evidence of
7. IBP No. identity as defined by these Rules;
8. PTR No. 3. signs the instrument or document in the presence of
the notary; and
Notarial acts executed by a notary public always feature 4. takes an oath or affirmation before the notary public
the above notarial certificate. (Rule II, Sec. 8 of 2004 as to such instrument or document. (Rule II, Section
Rules on Notarial Practice) 6 of 2004 Rules on Notarial Practice)
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4. Form: Jurat
JURAT
Subscribed and sworn to before me, a Notary Public in and for Makati City, affiant exhibiting to me her Passport
issued at DFA Manila and expiring on November 20, 2020, who was identified by me through competent evidence
of identity to be the same person who presented the foregoing instrument, signed the instrument in my presence,
and who took an oath before me as to such instrument.
Witness my hand and seal this 14th day of December 2020.
[INSERT NOTARIAL CERTIFICATE]
Doc. No. ;
Page No. ;
Book No. ;
Series of 2019.
5. Oath or Affirmation; Defined

2. is personally known to the notary public or identified
The term “Affirmation” or “Oath” refers to an act in which by the notary public through competent evidence of
an individual on a single occasion: identity as defined by these Rules; and
1. appears in person before the notary public;
3. avows under penalty of law to the whole truth of the
contents of the instrument or document. (Rule II,
Sec. 2 of 2004 Rules on Notarial Practice)
6. Form: Oath or Affirmation

OATH
Sworn to before me this 27th day of June, 2020, in Makati City, Philippines, Corona V. Irus exhibiting to me his
Passport issued at DFA Manila and expiring on November 20, 2020, who was identified by me through competent
evidence of identity to be the same person who presented the foregoing instrument and avowed, under penalty of
law, to the whole truth of its contents.
Doc. No. ;
Page No. ;
Book No. ;
Series of 2019.
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7. Copy Certification; Defined 2. copies or supervises the copying of the instrument
or document;
“Copy Certification” refers to a notarial act in which a 3. compares the instrument or document with the
notary public: copy; and
1. is presented with an instrument or document that is
4. determines that the copy is accurate and complete.
neither a vital record, a public record, nor publicly
(Rule II, Section 4 of 2004 Rules on Notarial
recordable;
Practice)
8. Form: Copy Certification

COPY CERTIFICATION
This is to certify that I was presented with an instrument entitled “Deed of Sale” which is neither a vital record, a
public record, nor publicly recordable; that I copied the instrument; and that I compared the copied instrument with
the original copy and I hereby certify that the copy is accurate and complete.
Doc. No. ;
Page No. ;
Book No. ;
Series of 2019.
9. Acknowledgment; Defined authority to sign in that capacity. (Rule II, Sec. 1 of

"Acknowledgment" refers to an act in which an individual 2004 Rules on Notarial Practice)
on a single occasion:
1. appears in person before the notary public and An individual must present his or her community tax
presents an integrally complete instrument or certificate (CTC) when he or she acknowledges a
document; document before a notary public. Thus, the CTC number,
among other details retailed to such CTC, must be stated
2. is attested to be personally known to the notary
in the acknowledgment. (Local Government Code, Sec.
public or identified by the notary public through 163)
competent evidence of identity as defined by these
Rules; and Documents acknowledged before notary publics (except
3. represents to the notary public that the signature last wills and testaments) are considered public documents
on the instrument or document was voluntarily under the Rules of Evidence, and may be presented in
affixed by him for the purposes stated in the evidence without further proof, the certificate of
instrument or document, declares that he has acknowledgment being prima facie evidence of the
executed the instrument or document as his free execution of the instrument or document involved. (Rules
of Court, Rule 132, Sec. 30)
and voluntary act and deed, and, if he acts in a
particular representative capacity, that he has the
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10. Form: Acknowledgment
ACKNOWLEDGMENT
Before me, a Notary Public in and for Makati City, personally appeared John Doe, with CTC No. 213, issued by the
City of Makati on January 10, 2020, exhibiting to me his Passport issued at DFA Manila and expiring on November
20, 2020, who was identified by me through competent evidence of identity to be the same person who presented
the foregoing instrument, and who acknowledged to me that his signature on the instrument was voluntarily affixed
by him for the purposes stated therein, and affirmed that such instrument is his free and voluntary act and deed.
This instrument consists of ___ pages, including the page whereon this acknowledgment is written, and has been
signed by the parties and their instrumental witnesses on each and every page thereof.
Doc. No. ;
Page No. ;
Book No. ;
Series of 2019.
11. Competent Evidence of Identity; Defined (j) Social Security System (SSS) card
The phrase “competent evidence of identity” refers to the (k) Philhealth card
identification of an individual based on: (l) Senior citizen card
1. at least one current identification document (m) Overseas Workers Welfare Administration
issued by an official agency bearing the (OWWA) ID
photograph and the signature of the individual; or (n) OFW ID
2. the oath or affirmation of one credible witness not (o) Seaman’s book
privy to the instrument, document or transaction (p) Alien certificate of registration/immigrant
who is personally known to the notary public and certificate of registration
who personally knows the individual, or of two (q) Government office ID
credible witnesses neither of whom is privy to the (r) Certification from the National Council for the
instrument, document, or transaction who each Welfare of Disabled Persons (NCWDP),
personally knows the individual and shows to the Department of Social Welfare and Development
notary public documentary identification. (Rule II, (DSWD) certification. (A.M. No. 02-8-13-SC,
Section 12 of 2004 Rules on Notarial Practice) 2008)
Examples of Competent Evidence of Identity include, but Note that competent evidence of identity is needed only
are not limited to, the following: when the principal requesting that the notary public
(a) Passport perform the notarial act is not personally known to the
(b) Driver’s license notary public; if the notary public personally knows the
principal, the notary must say so in the notarized
(c) Professional Regulations Commission ID
document, instead of providing for the details of the
(d) National Bureau of Investigation clearance
principal’s competent evidence of identity. (Rule II, Secs.
(e) Police clearance 1, 2, 4, 6, 14, 2004 Rules on Notarial Practice)
(f) Postal ID
(g) Voter’s ID Note that a Community Tax Certificate has been deleted
(h) Barangay certification as among the accepted proof of identity because of its
(i) Government Service and Insurance System inherent unreliability. (Advance Paper Corporation v. Arma
(GSIS) e-card Traders Corporation, G.R. No. 176897 (2013))
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2. identity and signature of the principal, comparing
12. Remote Notarization under 2020 Interim Rules on the principal’s signatures, verifying that he actually
Remote Notarization signed the instrument or document as
represented, and
Notarization of documents through videoconferencing in a. requiring him/her to declare that he has
areas under community quarantine is allowed.
executed the instrument or document as his
Application of the Interim Rules free and voluntary act and deed (for
This Rules shall apply if one or both the notary public and documents or instruments requiring
the person seeking notarial service (“principal”) are acknowledgment) or to confirm that he has
residing, holding office, or located in an area under read the instrument or document in its entirety
community quarantine (whether enhanced, modified and has understood all its contents; and
enhanced, general, or modified general community b. to avow to the whole truth of the contents
quarantine). thereof under penalty of law (for documents
or instruments requiring oath, affirmation, or
Application of the Interim Rules is limited to the notarization jurat).
of the following through videoconferencing:
a. paper documents
Note:
b. instruments with handwritten signatures or marks The notary public may also ask searching questions to
assess the voluntariness of the principal in executing the
Note: It does not apply to the execution of notarial wills. document or instrument.
Additional requirement for instruments or documents
Validity and effect: subject of acknowledgment, oath, affirmation, or jurat bear
Notarial acts performed via videoconferencing facilities in the signatures of parties who acted as witnesses to its
accordance with this Rule shall have the same validity, execution:
force and effect and may be relied upon to the same extent 1. Submit at least two (2) copies of any competent
as any other conventional notarial act. The principal may evidence of identity for each witness, if the witness
send the instrument or document requiring notarial act to
is not personally known by the notary public; and
the notary public by either personal or courier service
instead of personal appearance. 2. Witnesses must be present during the
videoconference scheduled by the notary public
To be integrally complete the document must: for the conduct of the notarial act
1. bear the handwritten signature of the principal;
2. be placed in an envelope sealed with the initials of Principal who affixes a thumbmark or other mark other than
the principal; his signature:
3. principal must enclose therein two (2) copies of 1. Mark shall be affixed in the physical presence of
any competent evidence of identity if he is not two unaffected and disinterested witnesses who
personally known to the notary public. must also sign the document or instrument
2. The notary public shall confirm the location,
Note: identity and signature of the witnesses
The principal must also submit a video clip of him/her a. In a videoconference to be scheduled by the
signing the document which may be sent through any of notary public upon receipt of the
the following: document/instrument from the principal
1. CD 3. determine whether the witnesses are in fact
2. USB unaffected and disinterested to the parties to the
3. E-mail document/instrument by asking searching
4. Any other means of digital communication questions
4. confirm if each of them personally witnessed the
principal affixing his/her thumbmark or other mark
Duty of the notary public upon receipt of the thereon freely and voluntarily
document/instrument requiring acknowledgment, oath,
affirmation, or jurat: Note:
1. schedule a videoconferencing session where he The notary public is also obliged to take a photograph or a
will perform the notarial act in accordance with the screenshot of the videoconference clearly showing all
Interim Rules with the objective of confirming the parties who participated in the notarial act, in a manner
location prescribed by the Interim Rules.
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• Title
Duty of the notarial register: • Body
In addition to the entries required by the 2004 Notarial • Relief
Rules, include an entry indicating that the notarial act was
• Attorney’s details (i.e. name, address, contact
performed through videoconference as well as the
particular videoconferencing facility used by the parties information, Roll No., IBP Receipt No., PTR No., and
therein. MCLE Compliance or Exemption Certificate No.)
• Plus which, depending on the pleading or motion
————- end of topic ————- involved, may include one or more of the following:
o A Verification and/or Certification of Non-Forum
I. MOTIONS FOR EXTENSION OF TIME, TO Shopping;
DISMISS AND TO DECLARE IN DEFAULT o Notice of Hearing (for litigous motions, in the
discretion of the court)
1. Motions in General o Proof of Service
A motion is an application for relief other than by a ▪ Copy/ies Furnished
pleading. (Rules of Court, Rule 15, Sec. 1) ▪ Affidavit of Service/Filing – required only when
General Rule: All motions shall be in writing a pleading/motion is served and/or filed
other than by personal service or filing (Rule
Exception: Those made in open court or in the course of 13, Secs. 12 and 13)
a hearing or trial (Rules of Court, Rule 15, Sec. 2)
3. Requirements of a Motion
2. Contents of a Motion A motion must:
A motion shall state the relief sought to be obtained and
1. Be in writing, except those made in open court or
the grounds upon which it is based, and if required by these
in the course of a hearing or trial.
Rules or necessary to prove facts alleged therein, shall be
accompanied by supporting affidavits and other papers. 2. State the relief sought and the grounds for it.
(Rules of Court, Rule 15, Sec. 3) 3. (For Litigious motions) Served in such a manner
as to ensure receipt by the other party. There must
be proof of service.
Memory aid for motions and pleadings: CapTiBRA- 4. Contain a notice of hearing specifying the time and
Plus(FoHeaSe), which stands for: date of hearing, if the court deems necessary.
• Caption (Rules of Court, Rule 15, Secs. 2 to 6)
4. Litigious and Non-Litigious Motions

Rules of Court, Rule 15, Sec. 4 & 5
LITIGIOUS MOTIONS NON-LITIGIOUS MOTIONS
Non litigious motions are those that the court may act on As for litigious motions as provided under the new Section
without prejudicing the rights of the adverse party, and in 5, there must be service on the other party of the motion by
which case, the motion shall not be set for hearing and shall any of the modes of service recognized under the rules.
just be resolved by the court within 5 calendar days from Note that electronic means of service requires the consent
receipt thereof. of the other party or upon direction of the court. (Rule 13,
Section 9). There must also be proof of notice of the written
motion on the other party. Without that proof of service, the
court will not act on such motion.
Motion for Bill of Particulars Motion for Issuance of an Alias Summons
Motion to Dismiss Motion for Extension to File Answer
Motion for New Trial Motion for Postponement
Motion for Reconsideration Motion for the Issuance of an Alias Writ of Execution
Motion for Execution Pending Appeal Motion for the Issuance of a Writ of Possession
Motion to Amend after a Responsive Pleading has been Motion for the Issuance of an Order Directing the Sheriff
Filed to Execute the Final Certificate of Sale
Motion to Cancel Statutory Lien Other Similar Motions
Motion for an Order to Break in for a Writ of Demolition
Motion for Intervention
Motion for Judgment on the Pleadings
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Demurrer to Evidence
Motion to Declare Defendant in Default
Other Similar Motions
5. Form: Motion for Extension of Time

SUPREME COURT
MANILA
JOLLY B. SANTOS,
Plaintiff,
- versus – G.R. No. 222222
(CA-G.R. No. 87000; Civil Case No. 18-143)
RONALD M. ROSALES,
Defendant.
x------------------------------------------------ x
MOTION FOR EXTENSION OF TIME

Defendant RONALD M. ROSALES (“Defendant”), by his undersigned counsel, respectfully states:
1. On 5 April 2019, Defendant received a copy of the Court of Appeals’ Resolution dated 27 March 2020
denying Defendant’s
Motion for Reconsideration dated 28 November 2019 of the CA’s Judgment dated 20 September, 2019 in
CA-G.R. No. 87000
entitled Jolly B. Santos v. Ronald Rosales, which found Defendant liable for damages in the amount of
P143,000,000.00.
2. Defendant, therefore, has until 20 April 2020 within which to file a Petition for Review on Certiorari of the
CA’s Decision.
3. However, undersigned counsel is presently saddled with heavy volume of equally-urgent work and
assignments on other
similarly important cases. In addition, there are intervening holidays, from April 18 to 21.
4. Undersigned counsel, therefore, needs additional time to prepare a petition for review on certiorari.
5. Defendant is constrained and respectfully moves that he be granted an additional period of thirty (30)
days from 20 April 2020,
or until 20 May 2020, within which to file a petition for review on certiorari.
6. Defendant hereby pays all the required docket and other fees.
7. This motion is not intended for delay but is solely caused by the foregoing considerations.
PRAYER
WHEREFORE, it is respectfully prayed that Defendant be given an additional period of thirty (30) days from 20 April
2020, or until 20 May 2020, within which to file a petition for review on certiorari.
Other just and equitable reliefs are likewise prayed for.

[Venue], [Date],
[NAME of COUNSEL]
Attorney for Defendant
[OFFICE ADDRESS]
Roll No. XXXX
PTR No. XXXX/ [Place]/ [Date]
NOTICE OF HEARING
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The undersigned will submit the foregoing Motion for Extension of Time for the consideration and approval of
the Honorable Court on [DATE] at [TIME].
Copies furnished:
Court of Appeals [BY HAND]

Former Special Seventeenth Division
Ma. Orosa St., Ermita
1000 Manila City
Atty. Mike Ross [BY HAND]

Counsel for Plaintiff
123 New York, Cubao
Quezon City
[Note: The second paragraph in the Prayer must be excluded when questioning the court’s jurisdiction.]
6. Motion to Dismiss
Motion to Dismiss is only allowed on the following non- same parties for the same cause;
waivable grounds: 3. That the cause of action is barred by a prior
1. That the court has no jurisdiction over the subject judgment
matter of the claim; 4. That the cause of action is barred by the statute of
2. That there is another action pending between the limitations (Rules of Court, Rule 9, Sec. 1)
7. Form: Motion to Dismiss

MAKATI CITY
BRANCH 143
JOLLY B. SANTOS,
Plaintiff,
For: Damages
RONALD M. ROSALES,
Defendant.
x------------------------------------------------ x
MOTION TO DISMISS
RONALD ROSALES (“Defendant”), by his undersigned counsel, respectfully moves for the dismissal of this
case on the following grounds:
I. [Insert Ground/s] The cause of action is barred by prior judgment.
Discussion
I. [Insert Arguments]
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PRAYER
WHEREFORE, premises considered, it is respectfully prayed that the Honorable Court DISMISS the
Complaint in its entirety.
Other just and equitable reliefs are likewise prayed for.
[Venue], [Date],
[NAME of COUNSEL]
[OFFICE ADDRESS]
Roll No. XXXX
NOTICE OF HEARING
The undersigned will submit the foregoing Motion to Dismiss for the consideration and approval of the
Honorable Court on [DATE] at [TIME].
Copies furnished:
Atty. ABC [BY HAND]

Counsel for the Plaintiff
[Insert address]
Branch Clerk of Court [BY HAND]

Regional Trial Court of Makati City,
Branch 143
EXPLANATION
[Note: Disregard the “Explanation” if personally served]
8. Motion to Declare in Default granting the claimant such relief as his pleading may
If the defending party fails to answer within the time warrant, unless the court in its discretion requires the
allowed therefor, the court shall, upon motion of the claimant to submit evidence. Such reception of evidence
claiming party with notice to the defending party, and proof may be delegated to the clerk of court. (Rules of Court,
of such failure, declare the defending party in default. Rule 9, Sec. 3)
Thereupon, the court shall proceed to render judgment
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9. Form: Motion to Declare in Default
MAKATI CITY
BRANCH 143
Jolly B. Santos,
Plaintiff,
For: Damages
Ronald M. Rosales,
Defendant.
x------------------------------------------------ x
MOTION TO DECLARE DEFENDANT IN DEFAULT
Jolly B. Santos ("Plaintiff“), by counsel and unto this Honorable Court, respectfully moves for Ronald M.
Rosales (“Defendant”) to be declared in default. Plaintiff respectfully states:
1. The records of the Honorable Court show that Defendant was served with copy of the summons and of the
complaint on 20 March 2020.
2. Upon verification, however, the records show that Defendant has failed to file his Answer within the
reglementary period specified by the Rules of Court despite the service of the summons and the complaint;
PRAYER
WHEREFORE, it is respectfully prayed that the Defendant, [NAME], be DECLARED IN DEFAULT pursuant
to the Rules of Court and that the Honorable Court proceed to render judgment as the complaint may warrant.
Defendant also respectfully prays for other just and equitable reliefs.
[Venue], [Date],
[NAME of COUNSEL]
[OFFICE ADDRESS]
Roll No. XXXX
NOTICE OF HEARING
The undersigned will submit the foregoing Motion to Dismiss for the consideration and approval of the
Honorable Court on [DATE] at [TIME].
Notice of Hearing and

Copies furnished:
Atty. XYZ [BY HAND]

Page 213 of 223
ATENEO CENTRAL
Counsel for the Defendant
[Insert address]
Branch Clerk of Court [BY HAND]

Regional Trial Court of Makati City,
Branch 143
EXPLANATION
[Note: Disregard the “Explanation” if personally served]
J. QUITCLAIMS IN LABOR CASES
1. Quitclaim 1. A fixed amount as full and final compromise

A waiver of laborer’s claims or quitclaim is a valid and settlement;
binding agreement between the parties, if it constitutes a 2. The benefits of the employees if possible, with the
credible and reasonable settlement and the one corresponding amounts, which the employees are
accomplishing it has done so voluntarily and with a full giving up in consideration of the fixed compromise
understanding of its import (Pepsi Cola Products v. Molon, amount;
G.R. No. 175002, 2013). 3. A statement that the employer has clearly
explained to the employee in English, Filipino, or
in the dialect known to the employees—that by
Although generally looked upon with disfavor, it cannot be signing the waiver or quitclaim, they are forfeiting
gainsaid that legitimate waivers that represent a voluntary or relinquishing their right to receive the benefits
and reasonable settlement of laborers' claims should be so which are due them under the law; and
respected by the Court as the law between the parties 4. A statement that the employees signed and
(General Milling Corp. Independent Labor Union v. executed the document voluntarily, and had fully
General Milling, G.R. No. 183122, 2011). understood the contents of the document and that
their consent was freely given without any threat,
2. Requisites of a Valid Quitclaim violence, duress, intimidation, or undue influence
In order to prevent disputes on the validity and exerted on their person (Flight Attendants and
enforceability of quitclaims and waivers of employees Stewards Association of the Philippines vs.
under the Philippine laws, said agreements should contain Philippine Airlines Inc., G.R. 178083, 2018).
the following:
Page 214 of 223

ATENEO CENTRAL
3. Form: Quitclaim
Republic of the Philippines
DEPARTMENT OF LABOR AND EMPLOYMENT
Regional Office No. ____
City/Municipality of __________, Province of ________
Name
Complainant CASE NO. 2017-
- Versus -
Name
Respondent
WAIVER, RELEASE, AND RELEASE
COMES NOW the undersigned complainant in the above-entitled case before this Office, respectfully manifest:
That for in consideration of the sum of One Million Pesos (P 1,000,000.00) in settlement of my claim, receipt of
which is hereby acknowledged to my complete and full satisfaction. I hereby release and discharge the [NAME OF
EMPLOYER] and / or its officers, from any and all claims, demands, cause of action of whatever nature arising out of my
employment with the latter, such as but not limited to unpaid wages, separation pay, overtime pay, differential pay or
otherwise as may be due me incident to my past employment with said establishment. I hereby state further that I have
no more claim or cause of action of whatever nature whether past, present, or contingent against the said [NAME OF
EMPLOYER] and/or its officer.
In view hereof, I hereby move for dismissal of the above entitled case and further request that the same be
dropped from the business calendar of this office.
IN WITNESS WHEREOF, I hereunto set my hand this [day] day of [month] [year] at [place]
Name of Complainant
Complainant
PAID IN THE PRESENCE OF:
Witness 1 Witness 2
[INSERT ACKNOWLEDGEMENT]
Page 215 of 223

ATENEO CENTRAL
3. Form ver. 2: Quitclaim
Republic of the Philippines )
City/Municipality of ______ ) S.S.
WAIVER, RELEASE, AND QUITCLAIM

I, RM Santos, of legal age, single, Filipino, residing at 888 Katipunan Avenue, Quezon City, after being sworn to in
accordance with law, depose and state:
1. That by these presents, I hereby state that I have voluntarily resigned as [POSITION] of [EMPLOYER];
2. The I hereby acknowledge to have received from my employer the sum of [AMOUNT IN WORDS] (Php XXX.00)
which is in full and final satisfaction of my salary and other benefits that may be due me for the service which I
have rendered for the latter employer;
3. That I hereby declare that I have no further claims whatsoever against my employer, its President, members of
the Board, officers, or any of its staff. And that I hereby release and forever discharge all of them from any and
all claims, demands, cause of action of whatever nature arising out of my employment with the latter;
4. I further agree that this WAIVER, RELEASE AND QUITCLAIM may be pleaded in bar to any suit or proceeding
(Civil, SSS, PhilHealth, Medicare, Labor, etc.) to which either I, or my heirs and assigns, may have against my
employer in connection with my employment with the latter and that the payment which I have received as
provided herein should not in any way be construed as an admission of liability on the part of my employer and
is voluntarily accepted by me and will, if need be, serve as full and final settlement of any amount(s) due me or
any claims or cause of action, either past, present, future, which I may have in connection with my
employment with my employer;
5. As such, I finally make manifest that I have no further claim(s) or cause of action against my employer nor against
any person(s) connected with the administration and operation of the latter and forever release the latter from
any and all liability.
IN WITNESS WHEREOF, I hereunto affix my signature this __ day of [MONTH] [YEAR] at [PLACE OF SIGNING].
(Sgd.)
RM SANTOS
Affiant
[INSERT JURAT]
Page 216 of 223

ATENEO CENTRAL
K. PROMISSORY NOTE
1. Relevant Provisions: A promissory note, to be negotiable must conform to the

following requirements:
A negotiable promissory note within the meaning of this Act a) It must be in writing and signed by the maker;
is an unconditional promise in writing made by one person b) Must contain an unconditional promise to pay a
to another, signed by the maker, engaging to pay on sum certain in money;
demand, or at a fixed or determinable future time, a sum c) Must be payable on demand, or at a fixed or
certain in money to order or to bearer. Where a note is determinable future time;
drawn to the maker's own order, it is not complete until d) Must be payable to bearer. (Negotiable
indorsed by him (Negotiable Instruments Law, Sec. 184). Instruments Law, Sec. 1)
2. Form: Promissory Note
Makati City, Philippines

Php XXX.00
[DATE]
PROMISSORY NOTE
FOR VALUE RECEIVED, I promise to pay to the order of JIN CURTIS [PAYEE], the principal sum of [AMOUNT IN
WORDS] (Php XXX.00), Philippine currency, on or before January 25, 2022. Should I fail to pay on the due date, a late
penalty fee of [AMOUNT] per month shall be added on each unpaid installment from due date thereof until fully paid. In
addition to the foregoing, I promise to pay interest at the rate of [RATE IN WORDS] PERCENT (X%), without need of
demand, starting from the month of August until this note is fully paid.
Done this 1st day of July, 2021.
Sgd.
EWAN HEUSAFF
Maker
[Note: If it is to be paid in installments the phrase, “in [NO. OF INSTALLMENTS] equal monthly installments of [AMOUNT
IN WORDS] (Php XXX.00) starting [DATE] and every _th of the month thereafter until fully paid.” Shall be added after
“Philippine currency” in lieu of “on or before January 25, 2021”.]
Page 217 of 223

ATENEO CENTRAL
L. INFORMATION. IN CRIMINAL CASES a. It must also aver the acts or omissions
constituting the offense and specify its
1. Definition qualifying and aggravating circumstances.
b. If there is no designation of the offense,
An information is an accusation in writing charging a reference shall be made to the section or
person with an offense, subscribed by the prosecutor and subsection of the statute punishing it (Rules
filed with the court (Rules of Court, Rule 110, Sec. 4). of Court, Rule 110, Sec. 8).
3. the acts or omissions complained of as
2. How Done: The information shall be: constituting the offense;
1. in writing, a. These must be stated in ordinary and concise
2. in the name of the People of the Philippines and language, not necessarily in the language
3. against all persons who appear to be responsible used in the statute but in terms sufficient to
for the offense involved (Rules of Court, Rule 110, Sec. 2). enable a person of common understanding to
know what offense is being charged (Rules of
Complaint Information Court, Rule 110, Sec. 9).
May be signed by the Always signed by the 4. the name of the offended party;
offended party, any peace prosecuting officer a. This includes he name and surname of the
officer, or other public person against whom or against whose
officer in charge with the property the offense was committed, or any
enforcement of the law appellation or nickname by which such
violated person has been or is known.
Sworn to by the person Need not be under oath, b. If there is no better way of identifying him, he
signing it since the prosecutor filing must be described under a fictitious name.
it is already acting under c. In offenses against property, if the name of
the oath of his office the offended party is unknown, the property
May be filed either with the Always filed in the court must be described with such particularity
office of the prosecutor or d. If the offended party is a juridical person, it is
with the court sufficient to state its name, or any name or
designation by which it is known or by which
An information must charge but one offense, except when it may be identified, without need of averring
the law prescribes a single punishment for various that it is a juridical person or that it is
offenses (Rules of Court, Rule 110, Sec. 13). organized in accordance with law.
5. the approximate date of the commission of the
The information is sufficient if it states: offense;
1. the name of the accused; a. State the precise date only when it is a
a. This includes the name and surname of the material ingredient of the offense.
accused or any appellation or nickname by b. Otherwise, the offense may be alleged to
which he has been or is known. have been committed on a date as near as
b. If his name cannot be ascertained, he must possible to the actual date of its commission
be described under a fictitious name with a (Rules of Court, Rule 110, Sec. 11).
statement that his true name is unknown 6. the place where the offense was committed
(Rules of Court, Rule 110, Sec. 7). a. It is sufficient if the offense was committed or
c. When an offense is committed by more than some of the essential ingredients occurred at
one person, all of them shall be included in some place within the jurisdiction of the court,
the complaint or information. unless the particular place where it was
2. the designation of the offense given by the statute; committed constitutes an essential element of
the offense or is necessary for its
identification (Rules of Court, Rule 110, Sec.
10).
Page 218 of 223

ATENEO CENTRAL
BAR OPERATIONS 2021 LEGAL AND JUDICIAL ETHICS & PRACTICAL EXERCISES
3. Form: Information
Republic of the Philippines
National Capital Judicial Region
BRANCH [#], [Venue]
PEOPLE OF THE PHILIPPINES, Crim. Case No.

___XXX______
Plaintiff,
-versus- For: Qualified Theft
JK CRUZ
Accused.
x-----------------------------------------------------------------------x
INFORMATION
The Undersigned Assistant City Prosecutor accuses [name of accused] of the crime of Qualified Theft
[designation of the offense], committed as follows:
That on or about the [approximate date of commission], in the [place of commission], and within the jurisdiction
of this Honorable Court, the above-named accused, [acts or omissions complained of as constituting the offense]
against [name of offended party].
CONTRARY TO LAW.
Makati City, Philippines, June 29, 2020.
MERYLLIN STREEP
Assistant City Prosecutor
MCLE Compliance No. XXXXX
Roll No. XXXX
O.R. No. XXXX
Approved:
AMOR POWERLESS
City Prosecutor
WITNESSES:
1. Brad Pito - c/o Mission Impossible Hauling Services Cooperative, 1 Rockwell Drive, Makati City
2. And others.
CERTIFICATE OF PRELIMINARY INVESTIGATION
I hereby certify that a preliminary investigation in this case was conducted by me in accordance with law; that I
examined the Complainant and her witnesses; that there is reasonable ground to believe that the offense charged had been
committed and that the accused is probably guilty thereof; that the accused was informed of the Complaint and of that the
accused is probably guilty thereof; that the accused was informed of the Complaint and of the evidence submitted against
him and was given the opportunity to submit controverting evidence; and that the filing of this information is with the prior
authority and approval of the City Prosecutor.
MERYLLIN STREEP
Assistant City Prosecutor
SUBSCRIBED AND SOWRN TO BEFORE ME this _th day of ____ 200_ in ____ City.
BAIL RECOMMENDED: P 24,000.00

Page 219 of 223
ATENEO CENTRAL
Address of the Accused:1 GUMAMELA ST., BRGY. BAGONG BUHAY, MAKATI CITY
[Note: if Information is filed after inquest (and not preliminary investigation), add:
1. Place where accused is actually detained
2. Full name and address of evidence custodian
3. Detailed description of recovered items, if any]
M. RETAINER AGREEMENT B. Special Retainer

A fee for a specific case handled or special service
1. Definition and Kinds rendered by the lawyer for a client. When for every case
there is a separate and independent contract for attorney’s
A. General Retainer or Retaining Fee fees, each fee is considered a special retainer. (Traders
The fee paid to a lawyer to secure his future services as Royal Bank Employees Union- Independent v. NLRC,
general counsel for any ordinary legal problems that may 1997)
arise in the routine business of the client and referred to
him for legal action. The fee paid to remunerate him for The general rules governing the validity of an ordinary
being deprived, by being retained by one party, of the contract apply to an agreement for professional services.
opportunity of rendering service to the other party. It becomes the law between the parties provided the
stipulations are not contrary to law, good morals, good
customs, and public policy or public order. (Reparations
Commission v, Visayan Packing Corp., G.R. No. L- 30712,
1991)
2. Form: Retainer Agreement
RETAINER AGREEMENT
KNOW ALL MEN BY THESE PRESENTS
This contract is made and executed between:

JESSICA SUKO, 36 years ofr age, residing at Unit 8756 Xavier Towers, E.Rodriguez Avenue, Quezon City,
referred to as “Client”
-and-
ABS and ASSOCIATES LAW OFFICE, a law firm organized under and by virtue of the laws of the Republic of the
Philippines as a general professional partnership, with principal office at 2 Rockwell Drive, Makati City, and
represented in this act by its Managing Partner, CHAROT SANTOS; and hereinafter referred to as “LAW FIRM”
WHEREAS, the LAW FIRM has offered its professional legal services to the CLIENT and CLIENT likewise agrees to
retain the professional legal services of the LAW FIRM under a retainership basis, subject to the following terms and
conditions herein stipulated:
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein agreed upon, the
CLIENT and the LAW FIRM, by these presents, have entered, as they hereby enter, into a contract of services
whereby the LAW FIRM shall render. Legal services to the CLIENT, under the following terms and conditions:
[stipulations]
Page 220 of 223

ATENEO CENTRAL
I hereby acknowledge that I have read this Retainer Agreement and have discussed any questions or concerns I
have regarding this Retainer Agreement and have received a copy of the same. I agree to retain Attorney in accordance
with the terms and conditions of this Retainer Agreement.
Dated:__________ ________
Client
In consideration of the foregoing, I hereby agree to provide representation in the above matter.
Dated:__________ ________
Lawyer
3. Sample Stipulations
1. The term or duration of this contract shall be for one 9. Routinary expenses for mailing of demand letters,
(1) year effective upon signing of this agreement and pleadings to court and copies thereof to adverse
shall automatically renewed on a year to year basis parties, costs of photocopy of evidentiary documents,
unless either party pre-terminates the same upon payment of stenographic notes, costs of publications
serving a thirty (30) day-prior written notice to the of notices, as well as filing fees and other legal
other party, without need of cause; expenses in court and other appropriate government
2. The LAW FIRM, while in the performance of its duties, offices shall be for the account of the CLIENT;
shall be entitled to a fixed monthly retainer fee of 10. The LAW FIRM shall, whenever requested by the
PESOS: [AMOUNT IN WORDS] (Php XXX.00); CLIENT take immediate measures to investigate the
3. The LAW FIRM shall make itself available for ready facts and ascertain the legal position of the CLIENT
consultation by the CLIENT or its duly authorized concerning any accidents, claim or liability, and shall
officers in all matters or business requiring legal on such cases do what may be required for the
advice and opinion affecting the said corporation in protection of the CLIENT. The LAW FIRM may
general. Written opinions rendered by the LAW FIRM represent the CLIENT in all suits and proceedings
on matters affecting the business and operations of pending or which may be pending in [CITY] or its
the corporation shall be subject to confirmations; environs wherein the CLIENT is a party, or its rights
or interest are involve, at the direction of the CLIENT;
4. The LAW FIRM shall render documentation and
notarial services to the CLIENT as part of this 11. The LAW FIRM shall keep in its office a docket of
retainership. Client documents shall be notarized free record in which it shall cause to be recorded all
of charge while documents requiring the participation proceedings connected with any action which the
and signature of a party other than the Client shall be CLIENT is interested and shall keep such other
subject to fees or charge at the following rates: records necessary to preserve a complete history of
the business of the CLIENT entrusted to its charge.
5. NOTARIAL RATES. In case of extra-judicial
Said docket and records shall be subject to the
foreclosure of mortgage endorsed to the LAW FIRM
inspection and control of the CLIENT or his
by the CLIENT, the attorney's fees shall be at the
representative;
rates provided as follows:
12. The LAW FIRM shall submit to the CLIENT at least
6. RATES OF LEGAL FEES ON FORECLOSURE. In
once every quarter or as often as required, written
collection cases other than extra-judicial foreclosure
reports on all pending matters handled by the LAW
of mortgage, the attorney's fees shall be at the rates
FIRM for the CLIENT;
provided as follows:
13. The LAW FIRM, in addition to the herein enumerated
7. RATES OF LEGAL FEES FOR COLLECTION
services, shall well and faithfully serve the CLIENT
CASES. The LAW FIRM shall handle other cases as
and shall at all times devote its whole time and
referred to it by the CLIENT for a fee that shall be
attention to the assignments and tasks given and/or
determined by mutual agreement of the law firm and
entrusted to it by the CLIENT and shall do and
the CLIENT, on a case to case basis, such as, but not
perform all such services, acts and things connected
limited to, all suits or cases for or against the CLIENT,
therewith as the CLIENT shall from time to time direct;
including officers and employees of the CLIENT sued
nor shall the LAW FIRM at any time get itself in a
in their official capacity;
situation where a conflict of interest may arise
8. The LAW FIRM shall not compromise or settle between those of the CLIENT and the LAW FIRM
judicially or extra-judicially any account, foreclosure and/or its CLIENTS;
proceeding or suit wherein the CLIENT is a party,
14. The LAW FIRM shall not, either during the term of this
without the written consent and conformity of the
contract or any time thereafter, use or disclose to any
CLIENT or his duly authorized officer;
person, office, corporation or entity any confidential
Page 130 of 223
ATENEO CENTRAL
information concerning the affairs of the CLIENT option to rescind or cancel immediately the contract
which he may have acquired in the course of or as without necessity of judicial proceedings;
incident to this contract for its own benefit, or to the 17. The CLIENT reserves the right to terminate this
detriment or probable detriment of the CLIENT; Agreement without need of cause or reason upon
15. It is understood and agreed that nothing in this thirty-day written notice to the LAW FIRM.
contract shall be construed as establishing the
relationship of employer-employee between the ————- end of topic ————-
CLIENT and the LAW FIRM, including its personnel;
16. Any violation of the terms and conditions of this
contract by the LAW FIRM shall give the CLIENT the
Page 130 of 223

ATENEO CENTRAL
PASSION FOR JUSTICE
By: Justice Pompeyo Diaz
We are not here to celebrate the successful ending of your course in the law. We are here to send you on
your way because from here, you will commence your profession in the law. We hold these commencement
exercises, therefore, to say good-bye to you and to wish you well on your journey.
The closer a man approaches the sunset of his years, the more often his mind returns to the remembrance
of things past. For to every man, if he lives long enough, there comes a point in life when he realizes, not
without sadness, that there may no longer be time to climb new mountains. And that is when dreams begin
to yield to memories as if reliving the past can somehow fill the void left by the flight of dreams.
It is more than fifty years since I sat where you sit now, an acolyte at the altar of the law. But the lengthening
shadows of life only make the recollection of it as fresh and clear as if it were only yesterday.
I was given the privilege of addressing you one last time. I will do so, no longer as your teacher, but as a
friend. But let me take a vantage point from which I can speak with some candor. As your own sun is rising
in the east, mine has long since passed the point of high noon, and in the gathering dusk, I see you within
the perspective of time. There are landmarks which I have beheld but which are still hidden from your view.
Some forty years ago, I took my oath of office as judge of the Court of First Instance for the Province of
Rizal in the chambers of a Justice of the Supreme Court. This was my first appointment to the bench. You
know I had several. It was an occasion for deep pride in my family especially when the appointee was
hardly thirty-five years of age and the Justice administering the oath to him happened to be his own father.
After the oath-taking, my father took me in his own car and drove me to the courthouse in Pasig. He led me
into the building, up the stairs, to the second floor, and walked with me to the door of the sala which would
now be mine. He stood by the door and let me enter alone. I did, and I went straight to my desk. There I
saw a piece of paper upon which were written in Latin, in my father’s own handwriting, those awesome
words which must have shaken the walls of the Senate of ancient Rome: Let Justice be done, though the
heavens fall!
In a lifetime devoted to the study of the law, these words still do not fail to stir up in me emotions which
should have long since been spent, memories which should have long since been put to sleep, questions
which should have long since been laid aside. What is the law? What is the truth? What is justice?
What is justice? It is to render to each man what is his due. What is the truth? It is that which you seek, and
keep on seeking, so that you may render to each man what is his due. What is the law? It is the instrument
by which you discover that which you have been seeking so that you may render to each man what is his
due.
The answers seem such simple directives for everyone to follow. The reality, however, is different. For the
law may be twisted to hide the truth in the same way that the truth may be distorted to ridicule justice. There
are men in any society who are so self-serving that they try to make the law serve their selfish ends. In this
group of men, the most dangerous is the man of the law who has no conscience. He has, in the arsenal of
his knowledge, the very tools with which he can poison and disrupt society and bring it to an ignoble end.
Against such a man, you must be fearless and indomitable, since to grant him victory is to deny yourselves
the sanctity your oath and the grandeur of your vision.
Such men I have met in my lifetime, both in the courtroom and outside it. Society’s declared protection
against such predators is the court of law before which all men are presumed to stand equal, whether
mighty or weak. The integrity of the court is the foundation upon which a just society to established. Without
this integrity, the vicissitudes of history will blow society towards the treacherous reefs of destruction and
suck it into the whirlpool of oblivion.
Page 222 of 223

ATENEO CENTRAL
A man of the law with a conscience on the other hand, is the means by which a nation fashions for itself a
just, orderly and civilized society, where the least of its citizens can stand in his human dignity and where
justice is the yardstick by which the citizen measures himself in his relationship with others and with his
God.
Yet, a man of the law should have more than just a conscience. Conscience, too, can be dulled by
exigencies in one’s life. He may just seek a livelihood from the law. Then no matter how financially
successful he becomes, and no matter how much expertise he acquires in the law and its practice, he
remains no more than a craftsman. He rises no higher than the humble or mechanic from whom we expect
nothing beyond an honest day’s work and an honest charge for work performed, and to whom we would
not dream of looking for leadership, guidance, and inspiration. He reduces law to a trade and himself to a
mere huckster of legal skills.
What a man of the law should possess is a passion for for the truth, a passion for justice. This passion
should be of such a magnitude as to give him the power to stand firm when those around him seem to be
going mad. It should be of such solidity as to grant him the strength to stand alone when all else is turning
into dust. It should be of such perseverance as to infuse him with a loneliness that only those who have a
vision can endure. It is a passion to keep alive that eternal challenge that justice must be done whatever
be the cost.
You are not only men of the law. You are men of vision. Underlying all that you have learned here at the
Ateneo the never ending theme of passion for the truth, of passion for justice. Your vision is forged here,
and that vision is what makes you unique among your peers. You do not know yet what life has in store for
you, but never sacrifice your vision on the altar of expediency. For without this vision, you shall become
hollow inside, you shall become men without souls preying on the innocence and helplessness of your
fellowmen. You shall become the unscrupulous auctioneers of history whose honor is on the block, ready
to go the highest bidder.
On the other hand, if truly you remain faithful to your vision, then you are a boon to society. You will give
without favor upon your fellowmen, sifting through facts to arrive at the truth, seeking truth to render justice.
The mighty and the weak shall stand naked before you, for they shall draw strength from your knowledge
of the law and from your commitment to the truth. Then and only then, shall justice truly prevail and upon
this earth will shine a place of heaven. For what is justice but an attribute of God Himself?
Walk firm, therefore, and walk with courage, upon this path you have chosen. Let your vision guide you.
The law is a noble profession, and it is professed by noble men. See to it that you earn that nobility by
acting as your fellowmen’s shield and protector against injustice and oppression.
As future lawyers, you have your tasks cut out of you. You need have no fear that they will prove too much
for you if, in taking them up, you bear always in mind that doubt is the beginning of wisdom, that humility is
the grace of the wise, that compassion is the virtue of the strong and above all that reason is the life of the
law, and that the service of justice, which is nothing more than the search for the truth, is one of man’s
noblest achievements.
Farewell! May you always in your quest for a better world, walk in the shadow of Him who gave you life and
honor.
Page 223 of 223

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PHILIPPINE COPYRIGHT

THE ATENEO CENTRAL BAR OPERATIONS 2020-2021

All Rights Reserved

This material is an intellectual creation of the Ateneo Central Bar Operations

Ad maiorem Dei gloriam.

KATHLEEN KAE Z. ENDOZO MEG V. BUENSALIDO

CARLOS ROSAURO N. MANALO

ATTY. TANYA K. LAT

ANNE HILLARY PAULINE VILLENA

JOSEPH BILL P. QUINTOS STEFI MONIKA S. SUERO

AINA RAE L. CORTEZ CHRISTIAN GIO R. SENARLO

DONN MARIE ISABELLE BALINA MELISSA GABRIELLE P. REMULLA

YVES PETER CARLO D. MEDINA THERESE ANNE C. ESPINOSA

EUNICE A. MALAYO MEG V. BUENSALIDO

ATTY. TANYA K. LAT

MARK LAWRENCE GAMBOA

PATRICIA COURTNEY BATAC

B. DUTIES AND RESPONSIBILITIES OF A LAWYER ............................................................................................... 18

J. DUTIES OF LAWYERS IN CASE OF DEATH OF PARTIES REPRESENTED ............................................. 81

C. SUSPENSION, DISBARMENT, AND DISCIPLINE OF LAWYERS ........................................................................ 92

D. READMISSION TO THE BAR ............................................................................................................................... 105

E. MANDATORY CONTINUING LEGAL EDUCATION ............................................................................................. 106

F. NOTARIAL PRACTICE (A.M. NO. 02-8-13-SC, AS AMENDED) .......................................................................... 108

II. JUDICIAL ETHICS ..................................................................................................................................................... 126

B. QUALITIES ............................................................................................................................................................ 128

C. ADMINISTRATIVE JURISDICTION OVER JUDGES AND JUSTICES ................................................................ 156

D. DISQUALIFICATION OF JUDICIAL OFFICERS................................................................................................... 157

E. DISCIPLINE OF MEMBERS OF THE JUDICIARY ................................................................................................ 163

Dear Bar Candidate,

We hope your review is going well!

All the best and God bless you!

Your ALS Legal & Judicial Ethics Bar Ops Team

I. LEGAL ETHICS a. Candor, fairness, and good faith

h. Preservation of client’s 4. Attorney-client privilege

D. READMISSION TO THE BAR

E. MANDATORY CONTINUING LEGAL

G. DUTIES OF LAWYERS UNDER SPECIFIC

PRELIMINARY MATTERS 9. Counsel de parte — an attorney retained

Regulation of the practice of law in the

General coverage of practice of law 8. Other qualifications as may be prescribed by

Effect of representing oneself as lawyer while a. Good Moral Character

Haron S. Meling in the 2002 Bar Examinations, b. Citizenship; Reacquisition of the

c. Non-Lawyers in Administrative V.SANCTIONS FOR PRACTICE OR

Administrative Tribunals What constitutes unauthorized practice of

Disqualification ✓ General Rule: Public officials and employees are

Declaratory ✓ Exception: If authorized by the Constitution or

The Canons shall apply to lawyers in government

A lawyer shall not, after leaving government

Deputies or Assistants shall not hold any other office or

CONST. art. IX-A, Sec. 2)

8 personally appear as counsel before any court of justice as

b. Appear as counsel in any criminal case wherein an

in the private practice

Solicitors and trial lawyers

private law practice except in cases involving immediate

Rellosa, AC No. 5738, February 19, 2008)

Civil officers or employees need to secure a written permit

Practice of law by a corporation Code defining the duties and

Requisites Must be in writing