LEGAL AND

JUDICIAL ETHICS
MARIA YSABELLA B. PALAMOS
Subject Chair

KATRIN ANN A. ARUTA

Assistant Subject Chair

ARALIND LOUISE A. BILTZ

Subject Electronic Data Processing

MA. VENICE KATE M. HERMOGINO Legal Ethics

FROILAN NIKKO R. CANDELARIA judicial Ethics
JOHANNA KIRA JORGIO Legal Forms

.11.0Magialtft.
YVEZZA KAMELE M. GUMAPAC
ELLAIN G. PEPITO
ANGELINE V. WILSON

Justice MARIA THERESA V. MENDOZA-ARCEGA

Atty. JONAS FLORENTINO DL. CABOCHAN
 BEDAN RkDopopic
KW> BEDAN RED BOOK
volume II I Sertos of 2020,21

Q: What is the nature of the practice of law?

ANS: The practice of law is a profession, not a business, in which duty to public
LEGAL AND service, not money, is the primary consideration_ Lawyering is not primarily meant to be
a money-making venture, and law advocacy is not a capital that necessarily yields
profits_ The gaining of a livelihood should be a secondary consideration. The duty to
JUDICIAL ETHICS public service and to the administration of justice should be the primary consideration of
lawyers, who must subordinate their personal interests or what they owe to themselves
(Brunet v_ Guaren. A.C, No. 10164 (Resolution), March 10, 2014).

Q: What distinguishes the practice of law, a profession, from a business? (DOCC)

I. LEGAL ETHICS ANS: The primary characteristics, which distinguish the legal profession from business.
are the following;
1. A Duty of public service, of which the emolument is a by-product, and which
A. PRACTICE OF LAW
one may attain the hignest eminence without making much money;
CONCEPT 2. A relation as an "Officer of the court" to the administration of justice involving
thorough sincerity, integrity, ang reliability;
Q: What is Practice of Law?
3. A relation to the Clients in„the6hIghest degree of fiduciary, and
Practice of Law meant any activity, in or Out,of court. Which requires the
4. A relation to Colleag , haracterized by candor, fairness, and
application of law..leual proceclure, knowledge, training iancl,experience. "To engage in
unwillingness to resort t ' t business methods of advertising and
the practice of law is to perform those a-CfS'Which.dre Characteristics of the profession.
encroachment on their 131;4 r dealing directly with their clients (/n Re:
Generally to practice law is to-give notice or render any kind of Service, which device or
Sycip, G.R. No. X92-1 (R zl 30. 19
service requires the use in any degree of legal kn37W1edge.Or.skill'qcayetand v. Monsod,
G.R. No, 100113, September 3, 1991).
QUALIFICATIONS
Q: What particular acts may fall within tbe.rneaning.Of praqtic °flaw? Q: Who may practice law?
ANS: The following are the general coverage of practice of law. - ANS: Any person heretofore duly bdrni as a mem rof the bar, or hereafter
1. Giving of legal advice and instructions to clients to ibforrTtliem of their rights admitted as such.i5, actordanCe with the visions of thiiruli. anid who is in good and
and obligations. • regular standingAs-entitied to PractrceJaw ULES OF couar, Rule 138, Sec. 1). Only
2. Preparation of documents • -requiring—knowlegigei of I dal principles not members of tbbar are-allowed to praai. eta v. Ma bac, MNo P-220 December
•
possessed by ordinary layman: _. 20, 1978) " .
3, Appearance for clients before publicitribinals (pep v. egal Clinic„ B.M ii
No 553 June 17, 1993), CI: What are the requIrem 1..s for adm n to the bar? (C-21-GRENAPOS)
The practice of law not limited/arthe- oonduct,dicasespr litigation in court; it ANS: Every applicant for adrnission as a mber of the bar must be
embraces the preparation of,Pleadings_Aod*her persitOdept to actions and special 1. Citizen of the - pines,
proceedings, the managpmeeit orSuch-actions- aqd,:proCee,dings on behalf of clients 2. At least 21 Apr§ of ag.e;
before judges and courts;and additioncpnveyingFlillip)iine Lawyer's Association v. 3. Of Good mdial character;
Agrava, G.R. No. L-12426, February 16, 195:91. • 4. Resident of the•phifippines;
5. Produced beiCifatrie Supreme Court satisfactory Evidence of good moral
Q: How is practice of law a privilege and not a right? character;
ANS: The right to practice law is not a natural or constitutional right but is a privilege. It 6. No charges, against him, involving moral turpitude, have been filed or are
is limited to persons of good moral character with special qualifications duly ascertained pending in any court in the Philippines (RULES OF COURT, Rule 138, Sec.2),
7 Must have complied with the Academic requirements under the law'
and certified. The exercise of this privilege presupposes possession of integrity, legal
knowledge, educational attainment, and even public trust since a lawyer is an officer of a. Pre-law Education:
the court. A bar candidate does not acquire the right to practice law simply by passing I. Must have pursued and satisfactorily completed in an authorized
the bar examinations. The practice of law is a privilege that can be withheld even from and recognized university or college the course of study
one who has passed the bar examinations, if the person seeking admission had prescribed therein for a bachelor's degree in arts or sciences;
practiced law without a license (Aguirre v. Rana. B.M. No. 1035, June 10, 2003). Such authorized and recognized university or college requires for
admission thereto the completion of a four-year high school
Q: When is practice of law both a privilege and a right? course and
ANS: A lawyer has the privilege and right to practice law only during good behavior, A Filipino citizen who completed and obtained his or her Bachelor
and can be deprived of it for misconduct ascertained and declared by judgment of the of Laws degree or its equivalent in a foreign law school must
court after opportunity to be heard has been afforded him (Alcantara v. De Vera, A.C. present proof of having completed a separate bachelor's degree

fi
No. 5859 (Resolution), November 23, 2010). course (RULES OF COURT, Rule 138, as amended by B.M No
1153, Sec_ 6).
 LEGAL ANDSanJUDICIAL ETHICS I
Seca La.,-RGCT ear Operatons Cenier
b Law Education.
Successfully completed all the prescribed courses for the degree
of bachelor of laws or its equivalent degree. in a law school or
university officially recognized by the Philippine Government or by
the proper authority in the foreign jurisdiction where degree was
granted.
ii Must have satisfactorily completed the following courses in a law
school or university duly recognized by the government: civil law,
commercial law, remedial law, criminal law, public and private
international law, political law, labor and social legislation, medical
jurisprudence taxation, legal ethics and clinical legal education
program (RULES OF COURT, Rule 138, as amended by A.M. No.
19-03-24. Sec 5. Par. 2); and
iii. A Filipino citizen who graduated from a foreign law school shall be
admitted to the bar examination only upon submission to the
Supreme Court of c.ortifications showing!
1) A completion of all courses-leading to the degree of Bachelor
of LawS or its equivalent degik,
2,) Recognition or'acece4atiOn Of..the.law school by the proper
°""
auth:gpity; and • •-•,
3> CoMpletion orarthelount at, subtects of the Bachelor of
Laws academic program in ia law schpol duly recognized by
the Philippine Government (RULES OF CURT, Rule 138, as
amended by B.M. Sec. 5);
. No._1153, ,
8. Pass the'Bar examinations (RULES OF COURT. Rule 134 Secs_ 7-14):
9. Take the' Lawyer's Oath (RULES OF COURT, Rule438. Sec. 17); and
10. Sign the.Roll of Attorneys (RULES OF CO(JRT, Ruip`118; /9).
CONTINUING REQUIREMENTS FOR MEMBERSHIP IN Tilt BAR ' ANS: As a general rule. the toss Of Filipirio'citizenship4Oso
Q: What are the-continuing requirements forthe practice of law? (TIP-SM-GC)
ANS: The following are the continuing requirements for the practice of law
1. Payment of Professional Tax'(R.!4. No. 71.60, ,Sec. 139).
2. Membership in the [BP (RULES OF COURT, 'Rule' 138. Sec, 1; BY-LAWS
OF THE IBP Art. II);
3 Payment of IBP dues (RULES OF cp.oRT,Rule 139-A, Sec. 10; BY-LAWS
OF THE IBP, Sec. 24; Santos,v,.)lamaS,'A.C. No. 4749, January 20, 2000):
4. Good and regular Standing (RULES OF COURT, Rule 138. Sec. 1):
5. Compliance with the Mandatory Continuing Legal Education (MCLE)
Requirements (BJvl No. 850, October 2, 2001).
8.. Possession of Good moral character (In re' of the Admission to the Bar and
Oath-raking of Successful Bar Applicant Argosino, B.M. No. 712
(Resolution). July 13, 1995), and
7 Compliance will' the Citizenship Requirement (Petition for Leave to Resume
Practice of Law. RM. No 1678, December 17, 2007).
Q: What is good moral character?
ANS: Good moral character is not just the absence of bad character but the character
that expresses the will to do the unpleasant thing because it is right, and the resolve not
to do the pleasant thing because it is wrong (in re: the Admission to the Bar and Oath-
Taking of Successful Bar Applicant Argosmo, B.M. No. 7.12 (Resolution), July 13, 1995).
Good moral character is what a person really is, as distinguished from good reputation
or from the opinion generally entertained of him, the estimate in which he is held by the
public In the place where he is known Moral character is not a subjective term but one
I BEDAN RED BOOK
1/aurie i i Senes a' 2020/21
which corresponds to objective reality. Good moral character includes at least common
honesty (In Re Heron S Meting. B M. No. 1154 (Resolution), June 8, 2004),
Q: What is the nature of good moral character as a requirement to practice law?
ANS: Good moral character is a requirement possession of which must be
demonstrated not only at the time of application for permission to take the bar
examinations but also. and more importantly, at the time of application for admission to
the bar and to take the attorney's oath of office (In re: the Admission to the Bar and Oath.
Taking of Successful Bar Applicant Argosino, B.M. No. 712 (Resolution). July 13, 1995).
Q: What are the four purposes of Good Moral Character as a requirement to
practice law? (PICE)
ANS: The requirement of good moral character has four ostensible purposes namely:
1, To protect the Public;
2. To protect the public Image of lawyers;
3. To protect prospective Clients. ad
4. To protect Errant lawyerefidn themselves (Dantes v. Dantes, A.C. No
6486, September 22, 2.qpi
Q: What is the scope of inquiry L41.2 ood moral character of a lawyer in the
. -
admission to the Bar?
.kit-g.:4
ANS: Ali aspects of moral charactei . i. guyed into in respect of
those seeking admission,q4fie Bar. Thepcope of sue ry is, indeed, said to be
properly broader than inqUtry into th 4 'al character of fWyer in proceedings for
disbarment (In re • thelAdmission Jo'7h, Bar and 0,91 -"qatarig of Successful Bar
Applicant Argosino, B.M.,No.-7.12 (Resolu(tiv1). July 13 1995)I
,
Q: What are the rules with respect fo practice of lavOn the Philippines if a lawyer
lost his Filipino citi?enship?
,Aninates the privilege
to practice law in,the Philippines The practice of law is a pn1fege denied to. foreigners
(Petition for Leave to Resume. Practice of;Iaw, Benjamin M Dacanay, B.M No 1678,
December 17, 2007).
(a. When may a lawyer Who lost his Filipintedtize shiticontinue to practice law in
the Philippines?
ANS: A lawyer who has tost4A Filipino citizenship may continue to practice law in the
Philippines when Filipino citiZeriship is lost by reason of naturalization as a citizen of
another country but subsequently reacquired pursuant to R.A. No. 9225. This is
because "all Philippine citizens who become citizens of another country shall be
deemed not to have lost their Philippine citizenship under the conditions of [R.A. No.
9225]." Therefore, a Filipino lawyer who becomes a citizen of another country is
deemed never to have lost his Philippine citizenship if he reacquires it in accordance
with RA 9225 Although he is also deemed never to have terminated his membership in
the Philippine bar, no automatic right to resume law practice accrues (Petition for Leave
to Resume Practice of Law. Benjamin M. Dacanay B M No. 1678, December 17, 2007).
(See full discussion under Lawyers who have been Repatriated. page 926).
APPEARANCE OF NON-LAWYERS
Q: Who may appear before the court?
ANS: Generally, only members of the bar are allowed to appear in court (Zeta v
Molina°. A.M No. P-220, December 20. 1978)
 LEGAL AND JUDICIAL ETHICS I
San Boda law-RGCT Bar Operations Center
Q: What are the exceptions to the rule that only those who are members of the bar
can appear in court?
ANS: As exceptions to Rule 138. Sec 1, the following are instances wherein those
who are not members of the bar can appear in court:
1. Appearance of law students pursuant to the Clinical Legal Education
Program (RULES OF COURT, RULE 138-A as amended by A.M. No. 19-
03-24-SC):
2. Appearance of non-lawyers may appear in court when expressly allowed by
the Rules of Court (RULES OF COURT, RULE 138, Sec. 34; RULE 116,
Sec. 7);
3. Appearance of non-lawyers in administrative tribunals when expressly
allowed by law;
4. Appearance by a person authorized to appear for the Government (RULES
OF COURT, Section 138, Sec. 33);
5. Appearance of non-lawyers before the Labor Arbiter and/or the National
Labor Relations Commission.(2a21. Att_RC RULES OF PROCEDURE. RULE
Sec 6); and
S. Appearance or tioni•ltawyerk befqreth9'' CAtia‘stral Court (Act. No. 225,
otherwise known as 'Til.e.Cadestoil Apri, Sob. 9)\.
Q: What is the Clinical Legal Program?,
ANS: The Clinical Legal Education Program is an experietitikt active and reflective
credit-earning teaching rcourge with the objectives of j a6ng aw students with
practical knowledge. skills and values necessary for the app ' tifq If the law, delivery
of legal services and promotion of social -justice- and public interestespecially to the
marginalized, while.inculcating in the students the values of ettlieeria/ering and public
service. The Clinical Legal Education Program consistS of leaMing.aLtivities covered by
this Rule undertaken in either.41) law clinic--or an 2) ektemshiii, whioril shall incorporate
the teaching of legal , theory .and dodfrTde -praTtieaf ,skills,fasewejl as legal ethics
(RULES OF CO(JRT; RULE 1382A as amended, Sec.f2,- Par (a)).
Q; What are the requisites before a law student-is perrnitted tO engage in any of
the activities under the Clinical Legal.Edtication Program?
ANS: No law student shall be permuted to engake.in any of ;the activities under the
Clinical Legal Education Prpgrarn:of, a tap, gjjool dnlks the Jpi;./ student has applied for
and secured the following certifications:
1, Level 1 certification,,for law siudeets wh, s e successfully completed their
first-year law courses; end/or-
2. Level 2 certification, for law students currently enrolled for the second
semester of their third-year law courses; Provided however, where a student
fails to complete all their third-year law courses, the Level 2 certification
shall be deemed automatically revoked.
The certification issued shall be valid until the student has completed the
required number of courses in the clinical legal education program to complete the law
degree, unless sooner revoked for grounds stated herein (RULES OF COURT, RULE
138-A as amended, Sec. 3).
Q: What are the practice areas of law student practitioners with Level 1
Certification? (IleNeD-RePA)
ANS: Subject to the supervision and approval of a supervising lawyer, a Level 1
Certified law student practitioner may:
1. Interview prospective clients;
2 Give Legal advice to the client;
3. Negotiate for and on behalf of the client;
4 Draft legal documents such as affidavits, compromise agreements,
contracts, demand letter, position papers, and the like,
• BEDAN RED BOOK
Volume ii i Series of 2020121
5_
<CI
Represent eligible parties before quasi-judicial or administrative bodies,
6. Provide public legal orientation; and
7. Assisi in public interest advocacies for policy formulation and
implementation (RULES OF COURT, RULE 138-A as amended, Sec. 4).
Q: What are the practice areas of law student practitioners with Level 2
Certification? (PAQ-GP)
ANS: Subject to the supervision and approval of a supervising lawyer, a Level 2
Certified law student practitioner may:
1. Perform all activities under Level 1 Certification;
2. Assist in the taking of depositions and/or preparing judicial affidavits of
witnesses;
3. Appear on behalf of the client at any stage of the proceedings or trial, before
any court, Quasi-judicial or administrative body;
4. In cnminal cases, subject to the provisions of Section 5. Rule 110 of the
Rules of Court, to appear on behalf of a Government agency in the
prosecution of criminal actions;%nd
5. In appealed cases, to :145par*.he pleadings required in the case (RULES
OF COURT. Rule 138-14as4 ded, Sec. 4)
Q: What are the duties of a law stu oners?
ANS: It is the duty of the law studen
1 Observe the proelons o SIc t 24 (b) 4,of the Rules of Court;
2. Be prohibited from using infognation acquired irr one's capacity as a law
student practitioner for per:portal or commercial g"ein.
3. Perform the duties and responSibilities to the best of one's abilities as a law
student oractitioVer; and
4 Strictly' observe the Canons .Of the Code of Profes ional Responsibility
(RULES OF COURT, Rule 138,A as amended Sec 6)
Q: Who is a supervising.lawyer?
ANS A supervisingdawyePrefers to a member of the Philippine Bar in good standing
who is authorized by the law School to supervise the law student practitioner under this
Rule (RULES OF COURT. Rule 138-A as dAfigk. Sec. 2, Par (e)).
Q: What are the duties -of a superviiingliwle;iii4P'"A4P)
ANS: The following are the duties of a supervising lawyer:
1. Supervise sucINUmber of certified law student practitioners as far as
practicable:
2. Personally appear with the law student practitioner in all cases pending
before the second-level courts and in all other cases the supervising lawyer
determines that his or her presence is required:
3. Assume personal professional responsibility for any work performed by the
certified law student practitioner while under his or her supervision;
4. Assist and advise the certified law student practitioner in the activities
authorized by these rules and review such activities with the certified law
student practitioner, all to the extent required for the proper practical training
of the certified law student practitioner and the protection of the client;
5. Read, approve, and personally sign any pleadings, briefs or other similar
documents prepared by the certified law student practitioner prior to the
filing thereof, and read and approve any documents which shall be prepared
by the certified law student practitioner for execution by the eligible party;
and
6. Provide the level of supervision to the certified law student practitioner
required by these rules (RULES OF COURT, Rule 138-A as amended Sec.
11).
1:1> LEGAL ANISanJUI
Beds

Q: When may non-lawyers appear before the courts?

ETHICS
ICIAl.Operations Center
I BEDAN RED BOOK
Volume ill Series of 2020/2'

Q: When may a non-lawyer appear before the National Labor Relations

ANS: A non-lawyer may appear before the courts in the following cases: Commission? (POM-LOP)
ANS: A non-lawyer may appear before the NLRC under any of the following
Non-Lawyers Chid- CASES CRIMINAL CASES circumstances.
Appearance in 1 He/she represents himself/herself as Party to the case;
2. He/she represents a legitimate labor Organization which is a party to the case:
Municipal Trial A party may conduct his As a general rule, in criminal cases, the 3. He/she represents a Member or members of a legitimate labor organization
Courts1 case or litigation in right of an accused person to be that is existing within the employer's establishment, who are parties to the
Metropolitan person with the aid of an assisted by a member of the bar is
case;
Trial Courts! agent or friend immutable. Otherwise, there would be a 4 He/she is a duly accredited member of any Legal aid office recognized by
IVICTCs appointed by him grave denial of due process (Hilario v. the Department of Justice or IBP; or
(RULES OF COURT, People, G.R. No. 161070, April 14, S. He/she is the Owner or President of a corporation or establishment which is
RULE 138, Sec. 34). 2008). a party to the case (2011 NLRC RULES OF PROCEDURE. Rule as
amended by En Banc Resolution No. 11-12. Series of 2012. Sec. 6, Par, (b)).
Regional Trial In any court other than The following are the exceptions:
Courts the MTC, a party in a 1. The accused may defend himself in
0: What are the proceedings wherein lawyers are prohibited to appear? (KIS)
civil suit may conduct-his-. -person when it sufficiently appears ANS: Lawyers are prohibited to appitit'irkhe following proceedings.
litigation...personally!: But toi.The„eourt that he can properly 1. In all Eatarungang Pap qay proceedings, where the parties must
if he gets someone-to '. pxrlel ,',his rights without the
. appear in person withoqi tance of counsel or representative, except
aid him, that sornOrre' si4ance;of counsel (RULES OF for minors and incomgt may be assisted by their next-of-kin who
must Oe, a md ..„. C T/ROLE,115, Sec. 1(c));
authenzed.. member of 2.- "Thet co\‘. are not lawyers (R a ise k 'Local Govement
Government
rt, cpnOdering the gravity of
the bar : (RULES OF ' Code of 1991; Sec, 415)t
the Offe gelid the difficulty of the 2. Under the The Indigenous' People's Rights ct
COURT, : RULE 138, que ions‘thatTirry arise, shall 1997", as general rule,
_qe.C. 34). _ lawyers are Prohibited to for any party a nsel except when such
nt as Cotinsal de oficio only
lawyer is appearing in hi i er 1pacity as a merfribpiNpf the council of elders
such members-15f he bar in good or due tp'41his/her dbligatiotpas member d"if hie'Ondigenous People's
' standing whoo_gy treason of their
community or fo404-4he purposelof defending or lorokcuting his/her case
experience i and t ability, can
-cn, etntly Apjo the accused
(Administrative Circular NO.14..S. 2003, Sec 10,̀ pur-auant to R.A. 8371.
SeAtiOn 44 (o))*,' and
(JU?FR Of CO RT, RULE 116,
3. Under the RplOpf Prpgeodur4r • no attorney shall
, Sd6,7;r7); aeti
appear in behalk& or represent party at the he g, unless the attorney is
-.Itv .. rimi al cas s before the MTC, the plaietiff Of'defOadant, If thei;ourt determines that a party cannot properly
fl irt a I ality where a duly licensed
present his/her clein or defensitaaa eds assistance, the court may, in its
. -"Itieelber of the Bar is NOT available,
discretion, allow adother indivitg V oap attorney to assist that party
-tifeied'Omay appoint a non-lawyer
')Itta Isr` ROA)
upon the latters con (r 4o -- ;SC,' Sec. 17)_
esident of that province; and
SANCTIONS FOR PRACTIWR APPEARANCE WITHOUT AUTHORITY
Of good repute for Probity and
Ability (RULES OF COURT. Q: What are the sanctions or consequences for practicing or appearing in court
RULE 116, Sec. 7). without authority? (SA-ICED)
ANS: The following are the sanctions or consequences for appearing in court without
Any official or other person appointed or des'ignated in accordance with law to appear authority'
for the Government of the Philippines shall have all the rights of a duly authorized 1. Suspension (Tapay v. Bancolo, A.C. No. 9604, March 20, 2013; In Re:
member of the bar to appear in any case in which said government has an interest Petition to Sign in the Roll of Attorneys. S.M. No. 2540, September 24,
direct or indirect (RULES OF COURT, Rule /38, Sec. 33). 2013);
2. Administrative complaint against the erring lawyer or government official
(CODE OF PROFESSIONAL RESPONSIBILITY, Canon 9) thereinafter
Q: What are the limitations on the appearance of non-lawyers before the courts?
CPR];
ANS: The following are the limitations on appearances of non-lawyers before the
3. Petition for Injunction;
courts: 4. Contempt of Court (RULES OF COURT, RULE 138, Sec. 21; Rule 71, Sec
1. He should confine his work to non-adversarial contentions;
3(e));
2 His services should not be habitually rendered: and
5. Criminal complaint for Estafa against a person who falsely represented
3. He should not collect attorney's fees (Philippine Association of Free Labor
himself to be an attorney to the damage of a party (REVISED PENAL
Unions (PAFLU) v. Binalbagan Isabela Sugar Co., G.R. No. 23959.
CODE, Art. 315); and
November 29. 1971).
6. Disqualification and complaints for disbarment (RULES OF COURT. Rule
139).
 LEGAL AND JUDICIAL ETHICS I
San Beca Law -RGCT Bar Operatons Ceoter
Q: What is the sanction against non-lawyers acting as lawyers?
ANS: A person may be punished for indirect contempt for assuming to be an attorney
or an officer of a court and acting as such without authonty (RULES OF COURT, Rule
71. Sec 3, Par, (e))
Q: Why are Sharra Bar Passers not allowed to use the title "attorney"?
ANS. The title of "attorney" is reserved to those who, having obtained the necessary
degree in the study of law and successfully take the Bar Examinations, have been
admitted to the Integrated Bar of the Philippines and remain members thereof in good
standing; and it is they only who are authorized to practice law in this jurisdiction (A/awl
v. Alauya. A.M. SDC-97-2-P. February 24, 1997).
PUBLIC OFFICIALS AND PRACTICE OF LAW
Q: Who are the public officials that are PROHIBITED from engaging in the practice
of law? (J2CLOGS-P2C)
ANS: The following public officials are-SPfeifitaily.q.ot allowed to practice law:
1 Judges and other'Officials dr empleyees7Of-4he superior court (RULES OF
COURT, Rule438, r t "Nt,
2 Members of the JudiCial-BarCOVIZI11C.ON4,71.-AjPR(-A, Sec, 2);
3. Chairman and niernbers of-the-ConstihitiNal„Cornixtssions (CONST Art.
IX. Sep. 2) ' \I- ' •
4. Those special Law, aie prehibitedcromN ,e egi g in the practice of
theiplegal pecifession, but if so authorized b the'depart ent head, he may,
in an-isolated case, act as -counsel-for—a relative-or close family friend
(Neriega v. Slson;.A.C. No. 2266, October 27, 198)r-''
5. Orebudsrian and his deputies CONST. Sect qE4ri 2):
6. Governors, cityrand municiPal rttayoFs (R. rrNo. 710, Sea 90, Par (a));
7 Official and employees of the-Office-of-Ahe''Sblicitor Getieral (RULES OF
COURT. Rule 138,-Sec. 35);
8 Government,Prose_cutors (People v. Villanueva, "G.R. Nof L-19450, May 27,
1965);
9, President, Vice-President, Merliberi of thetabiney their deputies and
assistants (CONST. Art. VII, Sec, 13).;•arj,g,
10. Civil service officers of empfOyeekwhotetautie qUire them to devote their
entire time at .the disposal of itie,goyernrhetito(tatu v Re/loss, A.C. No.
5738 (Resolution). February 19,'2008)-
Q: Who are those public officials not prohibited to practice law?
ANS: The punong barangay and the members of the sangguniang barangay are not
prohibited to practice law by expressio unius est exclusio alter/us. Since they are
excluded from any prohibition, the presumption is that they are allowed to practice their
profession. And this stands to reason because they are not mandated to serve full time.
Nevertheless, they must procure. prior permission or authorization from the head of his
Department, as required by civil service regulations (Catu v Re/loss, A C. No. 5738
(Resolution), February 19, 2008)
Q: Who are the public officials who have RESTRICTED right to practice law?
(SM-RC)
ANS: The following are public officials who are allowed to practice law with restrictions7
1_ Senators and Members of the House of Representatives (CONST., Art. VI,
Sec 14);
2. Members of the Sanggunian (R.A. No. 7160, Sec. 90, Par. (b));
3. Retired Justices or Judges (R.A, No 910, as amended by R.A. No. 9946,
Sec 1): and
BEDAN RED BOOK
Volume Hi Senes of 2020(21
4.
<41111
Civil Service officers or employees whose duty does not require his entire
time to be at the disposal of the government with written permit from their
respective department heads (Rule XVIII of the Revised Civil Service Rules.
Sec 12)
Q: What are the restrictions in the practice of law of lawyers who are also public
officials?
ANS; Public officials and employees during their incumbency shall not engage in the
private practice of their profession unless authorized by the Constitution or law, provided
that, such practice will not conflict or tend to conflict with their official functions (R.A. No.
6713, otherwise known as the Code of Conduct and Ethical Standards for Public
Officials and Employees. Sec. 7(b)(2)).
Q: What are the restrictions in the practice of law of Senators and Members of the
House of Representatives?
ANS: A lawyer-member of the legislat e, is prohibited from appearing as counsel
before any courts of justice. electo, l tbunals or quasi-judicial and administrative
bodies. The word "appearance" include' only arguing a case before any such body
but also filing a pleading on behalf. s "by simply filing a formal motion, plea or
answer' (Ramos v_ Manalac. G_R. June 16, 1951)_ Neither can he allow his
name to appear in such pleading, by of a fir ame, under the signature
of another qualified lawyer because mounts to a signing of a
non-qualified senator or corigressmart,, rt office o an a . orney being originally of
agency, and because he all by sti,of?e tg;t, be appearing 1n1c0urt or quasi-judicial or
administrative body in violation of the co itutional restriction_ 'He cannot do indirectly
what the Constitution prohibitsgiirectly" (In Felix Davicli .A.C. No 98, July 13, 1953).
Q: What are the restrictions in the pr of law of 'members of the Sanggunian
under the Local Government Code? (S
ANS: The following are reshichons in the: practice dae qfSs'nggunian members
under the Local Government,Cooe .
1. Practice law during, Session hc.r.i:irs:
2. Appear as counsel before aril, in any Civil case wherein a local
government unit any office,', entality of the government
is the adverse party;
3. Appear as Cdunsel.in any Criminal case wherein an officer or employee of
the national br4ocal government is accused of an offense committed in
relation to his offiCe:
4. Collect any fee for their appearance in Administrative proceedings involving
the local government unit of which he is an official; and
5. Use Property and personnel of the government except when the
Sanggunian member concerned is defending the interest of the government
(R.A. No, 71.60, Sec. 90. Par, (b)).
Q: What are the restrictions in the practico of law of members of the Provincial
Board or City or Municipal Council, provincial governors and city and municipal
mayors under the Decentralization Act of 1967? (CCC)
ANS: A member of the Provincial Board or City or Municipal Council, provincial
governors and city and municipal mayors shall not:
1. Appear as counsel before any court in any Civil case wherein the province.
city or municipality, as the case may be, is the adverse party, provided that
the member of the Provincial Board shall appear only in behalf of his
province in any civil case wherein any city in the province is the adverse
party whose voters are enfranchised to vote for provincial officials:
El> 2.
ByRci oicAl; ETbic-ljp
LEGAL ANcoan1

Appear as counsel for the accused in any Criminal case wherein an officer
1113EDAN RED BOOK
Volume I I Senes of 2020/21

4. State Prosecutors or special counsel in the Department of Justice;

or employee of said province, city or municipality is accused of an offense
committed in relation to the latters office; and
3. Collect any fee for Ms appearance in any administrative proceedings before
provincial, city or municipal agencies of the province, city or municipality, as
the case may be, of which he is an elected official (R.A. No. 5185, otherwise
known as the -Decentralization Act of 1967", Sec. 6).
Q. What are the restrictions in the practice of law of retired judges/justices?
ANS: A retiring Justice or Judge of the courts mentioned in this act, or his/her surviving
spouse receiving the benefits of this Act during the time that he/she is receiving said
pension, shall not appear as counsel before any court in:
1. Any civil case wherein the Government or any subdivision or instrumentality
thereof is the adverse party:
2. Any criminal case wherein an incumbent or former officer or employee of the
Government is accused ,gLarLoffense committed in relation to his/her office;
Or
3. Collect any fee -for hisiher appearartce in any administrative proceedings to
maintain an interest to the-GovenimenVnational.-provincial or municipal, or
TO any of its legally constituted officers)RA:, No 910,as amended Sec. 1).
_ discretion with all good fidelity as vi/Ora
Q: What are the prohibitions or disqualifications imposed' On former government
attorneys?
ANS: A lawyer shall not, after leaving government service, aCcept engagement or
employment in. connection with any matter iii -WhittT he had intervened while in said
service (CPR. Rule 6.03)
Q: What is the coverage of the restriction under the , Code !of Professional
Responsibility,regarding lawyers lei-CAR-6 government r
ANS: The restriction covers matters in which the former governmentlawyer represents
a client in private practice, which is, substantially related tO a matter that the lawyer
interfered with while employed by the government (PCGG.v. Sandiganbayan, G.R. Nos.
151809-12. April 12; 2005). - •
Q: What is the difference between "Adverge-Interest Ccinflict" and "Congruent-
Interest Conflict"?
ANS: Adverse-interest conflict exists where'. theitatter in which the former government
lawyer represents a client in private Pite-cticriciubstantially related to a matter that the
lawyer dealt with while employee by the government and the interests of the current and
former are adverse. On the other hand. congruent-interest representation conflict is
unique to government lawyers and apply primarily to former government lawyers (PCGG
v. Sandiganbayan, air?, Nos 151809-12, Apr1112, 2005).
In congruent-interest representation conflict, the disqualification does not really
involve a conflict at all, because it prohibits the lawyer from representing a private
practice client even if the interests of the former government client and the new client
are entirely parallel (Dissenting Opinion of Justice Calleio Sr., PCGG v. Sandiganbayan,
G.R Nos 151809-12, April 12, 2005).
LAWYERS AUTHORIZED TO REPRESENT THE GOVERNMENT
Q: Who are authorized to represent the government? (GASD-PC-A)
ANS: The following are authorized to represent the government:
1. Solicitor General;
2. Asst. Solicitor General;
3 Solicitor and Trial Attorney.
5. Provincial and City prosecutors and their assistants and other attorneys in
other legal offices of the government (R.A. No. 10071); and
6. Any official or other person appointed or designated in accordance with law
to appear for the Government of the Philippines who 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 (RULES OF COURT, RULE
138, Sec, 33).
LAWYER'S OATH
Q: Without stating your name and other circumstances that might identify you,
write down the Lawyer's Oath that a person who has passed the bar examinations
is required to take and subscribe to before the Supreme Court.
ANS: 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 therein4 3(411 do no falsehood nor consent to the doing of
any in court; I will not wittingly or WJjliny promote or sue any groundless, false or
unlawful suit, or give aid nor co* .toito- same; I will delay no man for money or
malice and will conduct myself as4"3 4
/ 3 ,, ording to the best of my knowledge and
1.1 s as to my, tents; and I impose upon
myself this voluntary obligation wicholl,M or purpose of evasion.
So help me God.
t
DUTIES AND RESPONSIBILITIES OF A LAWYER
0: What are the duties and responsibilities of a lawyer tnidekthe Rules of Court?
(MOC-EMA-ERP) , -
ANS: The duties and reSponsibilities Of a lawyer under,tfie Rules oi'Court are-
1, To-Ala-intateallegiance..to the I, public ofWf? 130-ff s':and to support the
Constitution.and.obey theiJawsi the PhilipWine
2 To Observe and rnaintain'the repect due to the courts of Justice and judicial
officers,
3. To Counsel qr maIntain such ings only as appear to him
to be just, 0,1:1-sfich d entle,s s to be honestly debatable
under the laK
4. To Employ, fqr, thegurpose of maintaining the causes confided to him, such
means only asNrai« consistent with truth and honor, and never seek to
mislead the judge or any judicial officer by an artifice or false statement of
fact or law;
5. To Maintain inviolate the confidence, and at every peril to himself, to
preserve the secrets of his client, and to accept no compensation in
connection with his client's business except from him or with his knowledge
and approval:
6. To Abstain from all offensive personality and to advance no fact prejudicial
to the honor or reputation of a party or witness, unless required by the
justice of the cause with which he is charged:
7. Not to Encourage either the commencement or the continuance of an action
or proceeding, or delay any man's cause, from any corrupt motive or interest:
8. Never to Reject, for any consideration personal to himself, the cause of the
defenseless or oppressed;
9. In the -defense of a person accused of crime, by all fair and honorable
means, regardless of his personal opinion as to the guilt of the accused, to
Present every defense that the law permits, to the end that no person may
be deprived of life or liberty, but by due process of law (RULES OF COURT.
Rule 138, Sec. 20).
 I BEDAN RED BOOK
120. LEGAL AND JUDICIAL ETHICS I
San Beds Law-ROOT Bar Operations Center

Q: What is the four-fold duties of a lawyer?

!oi,Jrne ii i Series of 2020/21

ANS: Under the Code of Professional Responsibility, the four-fold duties of a lawyer
are the following
1, Duties to the society in general - to uphold the Constitution. obey the laws
of the land and promote respect for the law and legal processes (CPR,
Canons 1-6)
2 Duties to the legal profession - to uphold the dignity, and integrity of the
legal profession and not asssist, directly or indirectly in the unauthorized
practice of law (CPR. Canons 7-9):
3 Duties to the courts - to be candid with and promote respect for the courts
and judicial officers, and assist the courts in rendering speedy and efficient
administration of justic:e (CPRf. Canons 10-13): and
4 Duties to the client - to observe candor, fairness and loyalty to the client;
hold the client's money and property in trust: serve the client with
competence and diligence: and, to preserve the confidence of the client
(CPR Canons 14-22).
THE LAWYER AND SOCIETY
4. A lawyer inveigling a woman into believing that they had been married civilly
to satisfy his carnal desires (Cabrera V. Agustin, G.R No. L-225, September
30, 1959):
5. Contracting a marriage during the subsistence of a previous one (Perez v
Catindig, A.C. No. 5816, March 10, 2015); or
6. Selling real property which is part of the public domain (Po Chem v. Pizarro,
A.C. No. 5499. August 16, 2005).
Q7 What are some acts which do not constitute gross immorality?
ANSI The following acts do not constitute gross immorality:
1 Live-in relationship involving two unmarried persons (Arciga v. Maniwang_
AC. No. 1608. August 14, 1981);
2. Getting married with a man who represented himself to be single, and later
on cutting off ties with him after becoming aware of his true civil status (LI, v.
Bonifacio. A C. No .3319, June 8, 2000); or
3. Failure to pay a loan, except when there is a deliberate failure to pay just
debts and the issuance of worthless checks (Lao V. tvledel, A.C. No 7494
June 7, 2008).

CANON 1: A lawyer shall uphold the Constitution, obeiahe laws of the land Rule 1.02: A lawyer shall not counset,or, t activities aimgy at defiance of the law or
and promote respect forldWand-legal'processeS. at lessening confidence i0het,041.47Stesp„,, '
Rule 1.01 A lawyer shall not engage in unlawful 'dishonest, immoral or deceitful Rule 1.03: A lawyer shall not, for any CorVipt motive,Orlifterest, encourage any suit or
conduct. proceeding,er,delay any man's cause

Q: What is "urilawfaconduct"? Q: What is "Barratry",?,

;
ANS: Unlawful conduct is, by definition, any act or omission contrani to law. It does not ANS: Barratry is the offeriSe of frequent _exciting and stirring up quarrels and suits,
necessarily imply the element of criminality although•riOS•broiad erkiigh to include it. either at law or otherwise (Blacks Law Di' nary. Fifth ,ed , citing Stale v. Batson NC.
Thus, the presence of evil intent oW th-Cp-drt- 51"theAaWYer isinot,espential in order to 4121).
bring his act on orriiSion withie the terms of:R*1.1'41 which ''specifically prohibits
lawyers from engaging in uplawful conductx (Re:-'hep7i on tpe Financial Audit 0: What is "Maintenancp','?
Conducted on the Books of Accoi'Ints of -Attk- Ra'quel Kho, Af.M. No. P-06-2177 ANS: Maintenancels tfie ihtermeddlin an uninterested party to encourage a
(Resolution), April 13, 2007): lawsuit. It is a taking in hand, a bearing holding of quarrels or sides, to the
- • / disturbance of the cornmon right (F algand Judicial Ethics.' With Bar
Q: What is the difference,between an:irnrnoralptidOckand a "grossly immoral Examination Questions (2009), p. 45).'`
conduct"?
ANS: Immoral conduct involves acts that'are Witituirflagrant, or shameless, and that Q: What is "Ambulance ,h.asing"?
show a moral indifference to the ot3inion-of-the1Vight and respectable members of the ANS: Ambulance Chasing-Is:the solicitation of almost any kind of legal business by an
community. On the other hand, immoral conduct is gross when it is so corrupt as to attorney, personally or through an agent in order to gain employment (Linsangan v.
constitute a criminal act, or so unprincipled as to be reprehensible to a high degree, or Tolentino (Resolution), A.G. No. 6672, September 4, 2009), Ambulance chasing is any
when committed under such scandalous or revolting circumstances as to shock the act by a lawyer or his agent of improper solicitation usually in disaster or accident sites,
community's sense of decency. The Court makes these distinctions, as the supreme instigating victims to file lawsuits (CABOCHAN, Ethically Yours (Your Legal and Judicial
penalty of disbarment arising from conduct requires grossly immoral, not simply Ethics Reviewer) (2018), p.5),
immoral, conduct (Perez v. Catindig, AC. No. 5816, March 10, 2015).
Rule 1.04: A lawyer shall encourage his clients to avoid, end or settle a controversy if
Q: What are some instances considered as grossly immoral conduct? it will admit of a fair settlement.
ANS; The following are examples of grossly immoral conduct:
1 Abandonment of family and cohabiting with another woman (Narag v.
Narag. A.C. No. 3405, June 29, 1998); CANON 2: A lawyer shall make his legal services available in an efficient and
2. A lawyer who had carnal knowledge with a woman through a promise of convenient manner compatible with the independence, integrity and
marriage which he did not fulfill (Qu(ngwa v. Puno, A.C. No. 389, February effectiveness of the profession.
28 1967),
Rule 2.01: A lawyer shall not reject, except for valid reasons, the cause of the
3 Lawyer arranging the marriage of his son to a woman with whom the lawyer
defenseless or the oppressed
has illicit relations. After marriage of the woman to the lawyer's son, he
continued his adulterous relations with her (Model V. Aspires, G.R No. L.-
9152, December 28. 1956);
El> LEGAL ANI?JBey.DICI,A81...ET,HIC. I

Q: When should a lawyer decline an employment? (VNA2CW)

BEDAN RED BOOK
Volume Hi Sertes of 2020/21

9 Activity of an Association for the purpose of legal representation (AGPALO.

ANS: A lawyer should decline professional employment regardless of how attractive
the offer may be if his acceptance wit involve:
1. A Violation of any of the rules of the legal profession,
2 Nullification of a contract which he prepared (Bautista v. Barrios, A.C. No.
258. December 21, 1963);
3 Advocacy in any matter in which he had intervened while in the government
service (PCGG v. Sandiganbayan, GR. Nos. 151809-12, April 12, 2005):
4, Employment, the nature of which might easily be used as a means of
Advertising his professional services or his skill (Ulep v. Legal Clinic, Inc.,
B M No. 553, June 17. 1993);
5. Employment with a Collection agency, which solicits business to collect
claims; or
6. Any matter in which he knows or has reason to believe that he or his partner
will be an essential Witness for the prospective client (Santiago v. Rafanan,
A.C, No. 6252, October 5.,.200.441AGPALO, Legal and Judicial Ethics,
(2009), p. /94-195)ffieteinafter AGP,Ai al and Judicial Ethics].
supra at 119-123).
Q: Why is a lawyer prohibited to promote his services through commercial
advertisements?
ANS: A lawyer is prohibited to promote his services through commercial
advertisements because lawyering is not primarily meant to be a money-making
venture, and law advocacy is not a capital that necessarily yields profits. The gaining of
a livelihood is not a professional but a secondary consideration Duty to public service
and to the administration of justice should be the primary consideration of lawyers, who
must subordinate their personal interests or what they owe to themselves. The practice
of law is a noble calling in which emolument is a by-product, and the highest eminence
may be attained without making much money (Burbe V. Magufta, A.0 No 99-634, June
10, 2002).
Rule 2.04: A lawyer shall not charge zotes lower than those customarily prescribed
unless the circumstan Warrant

Rule 2.02: In such casek even if thiwVrd4s pt c pt a case, he shall not

c900-rt‘d if only to the extent CANON 3. A lawyer in makin
r. is legal services shall use only true,
refuse ,to render legal advice„to_the
necessary .fo'sdeguard the latter's ri 1lts., honest fair, dign inf tion or statement of
Rule 2..03: A laityer_ Shall not do or :permit titrbe doqe a a'pedetsigned primarily to facts.
solicit legal-business. .-'
\irk Rule 3.01: A lawyer , WI not us'4• ..• - rmit the use •e .ny false, fraudulent,
misle,ading4 epeptive, fled, self-lauda r unfair statement or
Q: What is the rule on the advertisement of a levityeri of his erviceks? claim rega.Wing10,.qUa rficati s or legal sery
li
ANS: The solicitation of legal business is: .not altogether prescribed. However, for Rule 3.02: In the choice ofeAfism name, false, misleldin or assumed name shall
solicitation to be 'proper, it must be compatible with rtignity Pf the'14gal profession. If beotted. ..R.e continuedNu of the na of a d ased partner is
it is made in a -modest,,antt'decorous m-afilifer:If rip injurypo the lawyer and isibieoppided that the 0 indi utunications that
to the bar. Thus, the Use of simple signs stating.thiriarne oronamespf the lawyers, the sail paAerls ceaseK‘
office and residence address and fields of pra,ctice, rti wey as advertisement in legal Rule 3.03: Where aJ:l'aIkiNacceTiftipu 1 toffice, he sh w from the firm and
periodicals bearing the seme brief data,are,perniissble. Evbn the vie of calling cards is his narne4 all , dropped from the firm name unless the law allows him
now acceptable. Publication in reputable, law lists. ince manner consistent with the to practice law concurrently.
standards of conduct:imposed by tne cadenof brief„.brOgraphicarand informative data is Rule 3.04: A lawyer shalt not pay or giv value to representatives of the
likewise allowable (Khan, Jr. v. simbilio...A.C,Aide.R09 & 1$.7053 (Resolution), August mass me 'in anticiPatifirt-o r3r, publicity to attract legal
19, 2003) . business.

Q: What are other permissible forms of advertising or solicitation? (BLO-NI-PAPA)

ANS: The following are considered as permissible advertising or solicitation:
1 Engaging in Business or other occupations except when such could be
deemed improper. be seen as indirect solicitation or would be the equivalent
of law practice:
2 Law Lists, but only brief biographical and informative data;
Ordinary professional cards;
3
4. Notice to other local lawyers and publishing in a legal journal of one's
availability to act as an associate for them;
5. The offer of free legal services to the indigent, even when broadcasted over
the radio or tendered through circulation of printed matter to the general
public:
6. Seeking a Public office, which can only be held by a lawyer or, in a dignified
manner, a position as a full-time corporate counsel:
7 Simple Announcement of the opening of a law firm or of changes in the
partnership, associates. firm name or office address, being for the
convenience of the profession:
8. Listing in a Phone directory, but not under a designation of a special branch
of law; and
CANON 4: A lawyer shall participate in the development of the legal system by
initiating or supporting efforts in law reform and in the improvement
of the administration of justice.
CANON 5: A lawyer shall keep abreast of legal developments; participate in
continuing legal education programs, support efforts to achieve
high standards in law schools as well as in the practical training of
law students and assist in disseminating the law and jurisprudence
Q: What is the significance of the duty of a lawyer to keep abreast with lege
developments?
ANS: It is imperative that lawyers be conversant with basic legal principles. Unless
they faithfully comply with such duty, they may not be able to discharge competently and
diligently their obligations as members of the bar_ Worse, they may become susceptible
to committing mistakes (Santiago v. Rafanan, A.C. No. 6252, October 5, 2004).
 LEGAL ANDSanJUDICIAL ETHICS I
Beda Law-RGCT Bar Operations Center
BEDAN RED BOOK
Volume Genes of ?020/21

THE LAWYER AND THE LEGAL PROFESSION

<CI
CANON 6: These canons shall apply to lawyers in government service in the
discharge of their official tasks. CANON 7: A lawyer shall at all times uphold the integrity and dignity of the legal
profession and support the activities of the integrated bar.
Q: What are the disciplinary rules with respect to the misconduct of duties of
lawyer as a government official? Integrated Bar of the Philipp:nes (1E3P)
ANS: As a general rule, a lawyer who holds a government office may not be disciplined
as a member of the bar for misconduct in the discharge of his duties as a government Q: What is the IBP?
official. However, if that misconduct as a government official is of such a character as to ANS: The IBP is an organized official national body composed of all persons whose
affect his qualification as a lawyer or to show moral delinquency, then he may be names now appear or may hereafter be included in the Roll of Attorneys of the Supreme
disciplined as a member of the bar on such ground (Dinsay v. Cioco, A.C. No. 2995, Court with the fundamental purposes of elevating the standards of the legal profession.
November 27. 1996) improving the administration of justice, and enabling the Bar to discharge its public
responsibility more effectively (RULES OF COURT, Rule 139-A. Secs. 1 & 2).
Q: What is the rule when the Court suspends a lawyer who holds a government
Q: What is the nature of IBP?
position which is required by law to be filled by a member of the bar?
ANS: The Integrated Bar is strictly non-political and every activity tending to impair this
ANS: When the Court orders a lavaer_auspe,nded from the practice of law, the lawyer
basic feature is strictly prohibited and slifilke penalized accordingly (In the matter of the
must desist from performing all-fUnctions requiri 44. application of legal knowledge
Inquiry into the 1989 Elections of the ( , .M No 491, October 6, 1989; BY-LAWS OF
within the period of suspension.. This includes desisting_ from holding a position in
v..Calubaquib, A.C. No. 5377, THE BP Art. I. Sec. 4).
• to practicejo (Lingan
government requiring the authority
June 30. 2014). .\ Q: What are the purposes of the4n Bar? (APSCFEPE)
. , ANS: The purposes of the IntegretWar
Rule 6.01: The pnrnaryrduty of a lawyer ehgaged in ubhaiprssecution Is not to 1 Assist in the administration of jEhce, . 7( . • fe!
convict but to see that justice is done. The Seppre,ssfon of facts or the 2. Foster and maintain on the part of its mernbert% high ideals of integrity,
concealment of witnesses_capable of e.Stablishing _the Innocence of the learning, pr ssional correetdbce, public service 4ricl conduct;
accused is highly reprehensible and is cause for discipliniry action. 3. Safeguard professional int' ests of its member's; ,
4. Cultivate atrieng its members pirit of cordiality and brotherhood;
5. Provide a Forum fbr the di ssion of I4, ju'llspikidence, law reform,
Q: What is the duty of a lawyer engaged in public p,rosecutkon? 1 1
pleading. practice and probed and the relations of the bar thereto;
ANS: The prosecutor's finest hour is nbt when he-Wths a casefwithethp conviction of the
6. Encourage and foster le0 ed tion;
accused. His finest hour is still when, overcoming .the advocate's natural obsession for 7 Promote a,,,,continuing •.progr m for legal
victory he stand's up before the Court and pleadS not for the conviloon of the accused ANT' In substantive and
adjecttvs.OVand ,
but for his acquittal For indeed, his noble task_ is to prosecute opy the guilty and to
8, Enable the—Bar to:discharge i public responsibility effectively (In Re- IBP.
protect the innocent (People-v Madera,-,GSR. NO.. L-35138; May 31.1 1974).
1 January 9 173, citing the Re mmission on Bar Integration).
-
Rule 6.02: A lawyer in4e gbve8Riiirrit'seVC:d. stia'11 not,dse his public position to Q: Who are the memb., : of IBP?.
promote or advance his private interests, her allow the latter to interfere ANS: The following perses are,:autornatically and without exception, members of the
with his public dutiat IBP-
Rule 6.03: A lawyer shall not, after leaving government service, accept engagement 1. All lawyers whose names were in the Roll of Attorneys of the SC on January
or employment in connection with any matter in which he had intervened 16, 1973; and
while in said service. 2. All lawyers whose names were included or are entered therein after the said
date (BY-LAWS OF THE IBP, Sec. 18).
Q: How is "matter" defined in relation to Rule 6.03? 0: Why is membership in the IBA not a violation of the lawyer's freedom of
ANS: Matter refers to any discrete, isolatable act as well as identifiable transaction or association?
conduct involving a particular situation and specific party. and not merely an act of ANS: Integration does not make a lawyer a member of any group of which he is
drafting, enforcing or interpreting government or agency procedures, regulations or already a member. He became a member of the bar when he passed the Bar
laws, or briefing abstract principles of law (PCGG v. Sandiganbayan, G.R. Nos. 151809- Examinations. All that integration actually does is to provide an official national
12, April 12. 2005). organization for the well-defined but unorganized and in cohesive group of which every
lawyer is already a member (in Re: Edillon, A.M. No. 1928, August 3, 1978).
Q: How is "intervene" defined in relation to Rule 6.03?
ANS: The word intervene includes an act of a person who has the power to influence 0: What is the rule on payment of IBP dues?
the subject proceedings (PCGG v, Sandiganbayan, G.R. Nos. 151809-12, April 12, ANS: Every member of the IBP shall pay the annual dues in such amount as fixed by
2005). the Board of Governors and approved by the Supreme Court on or before the last day
(June 30) of the immediately preceding fiscal year (RULES OF COURT Rule 139-A
Sec. 9).
 LEGAL ANIan.1,9pandifil ETI:licqs
Q: Are there instances when one may be exempted from paying !BP dues?
ANS: No. There is nothing in the law or rules which allows exemption from payment of
membership dues. Additionally, a lawyer is not exempted from paying IBP dues by
reason of the following:
1. Inactive practice of law by reason of employment abroad (Letter of Atty.
Arevalo, Jr. Requesting Exemption from Payment of IBP Dues, B.M. No,
1370, May 9, 2005);
2. Limited practice; or
3 Senior citizenship (Santos, Jr. v. Llamas, AC, No. 4749, January 20, 2000).
Q: Why is the IBP fee not a tax?
ANS: The IBP fee is not a tax because the compulsion to which a lawyer is subjected
is the payment of annual dues. For the court to prescribe dues to be paid does not mean
that the Court levies a tax. A membership fee in the IBP is an exaction for regulation,
while the purpose of a tax is revenue (Letter of Atty. Are valo. Jr. Requesting Exemption
from Payment of IBP Dues, B.M. No. 1370,,May. 9, 2005).
- -
Q: What are the effects of failure to pay. annual.member0ip dues to the IBP?
ANS: The effects of failiirdt8 pay annual--mernbership dues'are as follows'
1. Any member who failS'fo pay his dues brisorbefiore the last day (June 30) of
the immediately-preceding-MT year-shalkhe.donsidered dues delinquent
and if: the deliequericy continues until the follOWingfikepber 31, the Board
of GOverndri shill by resointion- forthwith alspend all his membership
privileges other than the practice of law (BY-LAW'S OE THE IBP, Art. II, Sec.
24); •
2 The failure of any attorney to Pay-his annual membership, dues for 6 months
shall Warrant suspension of his membership in the IBP. arid default of such
payment for ocre year shall tie_a:_grbund forl ,the7temoval of his name from the
Roll_ of Attorneys'.(ROLE-S- 67COUR-T,
-
Rule 7.01: A lawyer shall be answerable for knoWingly Making al false statement or
suppressing a maferlaTh connection with his application for
admission to the bar.- _ Canon 9:
-
Q: Who has the burden of prodf to show qualifications in admission to the bar?
ANS: The applicant has the baden•of -proof.• BY asking admission to the practice of
law, an applicant puts in issue all his qualifications and assumes the burden of proof to
establish all those qualifications to the satisfaction of the court (Rosencranz v.
Tidrington, 193 Ind, 472, 141 N.E. 58),
Rule 7.02 A lawyer shall not support the application for admission to the bar of any
person known by him to be unqualified in respect to character, education,
or other relevant attribute.
Rule 7.03: A lawyer shall not engage in conduct that adversely reflects on his fitness
to practice law, nor shall he, whether in public or private life, behave in a
scandalous manner to the discredit of the legal profession.
Q: Why is there no distinction between the conduct of a lawyer in his professional
and private capacity?
ANS: There is no distinction because any gross misconduct committed by a lawyer
whelher in his professional or in his private capacity is a ground for the imposition of the
penalty of suspension or disbarment since good moral character is an essential
BEDAN RED BOOK
Volume ii) Series of 2020/21
qualification for the admission to and continued practice of law. Any wrongdoing,
whether professional or non-professional, Indicating unfitness for the profession justifies
disciplinary action (Sosa v. Mendoza, AC. No. 8776, March 23, 2015).
CANON 8: A lawyer shall conduct himself with courtesy, fairness and candor
towards his professional colleagues, and shall avoid harassing
tactics against opposing counsel.
Rule 8.01: A lawyer shall not, in his professional dealings, use language which is
abusive, offensive or otherwise improper.
Rule 8.02: A lawyer shall not, directly or indirectly, encroach upon the professional
employment of another lawyer, however, it is the right of any lawyer,
without fear or favor, to give proper advice and assistance to those
seeking relief against unfaithful or neglectful counsel.
Q: Why is a lawyer proscribed from ,negotiating with the opposing party without
the knowledge of said party's counsel?
ANS: Negotiating with the opposing party without the knowledge of said party's
counsel is an inexcusable violation , Of .the canons of professional ethics and in utter
disregard of a duty owing to a colleague ,(Carnacho v. Pangulayan, A.C. No. 4807,
March 22, 2000). Such acts constituting irstalpraCticerd_graye misconduct cannot be
left unpunished for not only.,dçt they erodeconfiden-de•and Artist in the legal profession,
they likewise prevent justice from being attained (Likong v Jim, A.C. No. 3149, August
17, 1994).
Q: How should _a - lawyer..conduct himself while interviewleg any witness or
prospective witness?
ANS; A lawyer:should sorupulously av0lt1 any suggestion ;calculated to induce the
witness to suppress or deviate frbitl,,the iruih, or in"a4.190gree to affect his free and
untrammeled conduct wherpappearing at the trial or on theWitnesS stand (CPE. Canon
39).
A lawyer shali'not, direcO*41:104yrassist in the unauthorized
practice 41aw. -
Q: What is unauthorized practice of law?
ANS! The act of a person, who is not a lawyer, of holding himself out as a lawyer
shown by acts indicative of that purpose like identifying oneself as attorney, appearing in
court in representation of a client, or associating oneself as a partner of a law office for
the general practice of law. Such acts constitute unauthorized practice of law
(Cambaliza v. Cristal-Tenorio, A.C. No. 6290 (Resolution), July 14, 2004).
Rule 9.01: A lawyer shall not delegate to any unqualified person the performance of
any task which by law may only be performed by a member of the bar in
good standing
Q: When can a lawyer employ the services of another to assist him in is work?
ANS: Lawyers can employ lay secretaries, lay investigators, lay detectives, lay
researchers, accountants or non-lawyer draftsmen, to undertake any task not involving
practice of law (AGPALO, supra at 116).
 LEGAL AND JUDICIAL ETHICS I
San Bede Law RGCT Bar Operations Center
BEDAN RED BOOK
Volume i l Series of 202C4'21

2. Appropriate footwear shall mean closed formal shoes:

Rule 9.02: A lawyer shall not divide or stipulate to divide a fee for legal services with 3. The sporting of long and unkempt hair, as well as wearing of earrings and
persons not licensed to practice law, except:
other body ornaments by male judges and court personnel, is not allowed
1. Where there is a pre-existing agreement with a partner or associate
and
that, upon the latter's death, money shall be paid over a reasonable
4. The identification card (ID) forms part of the official uniformiappropriate
period of time to his estate or to persons specified in the agreement;
office attire. Thus, it must be worn at all times while on official duty (OCA-
or
Circular No. 150-2018, Secs. A-1, A-2, 8-2 and 4).
2_ Where a lawyer undertakes to complete unfinished legal business of
a deceased lawyer; or
Q: What is the penalty for a lawyer who comes into court not in proper attire?
3. Where a lawyer or law firm includes non-lawyer employees in a ANS: A lawyer who comes into court in improper attire may be found guilty of direct
retirement plan even if the plan is based in whole or in part, on a
contempt and be liable under Rule 71, Section 1 of the Rules of Court which punishes
profit sharing agreement,
misbehavior in the presence of or so near a court or judge as to obstruct or interrupt the
proceedings before the same, including disrespect towards the court or judge. By
Q: Why are non-lawyers not entitled to attorney's fees? attending a conference or proceeding in the Court wearing improper attire, the lawyer
ANS; The statutory rule that an attorney shall be entitled to have and recover from his also jeopardized the cause of his client (Falcis Ill v. Civil Registrar General, G.R. No.
client a reasonable compensation fore llis..sezMs necessarily imports the existence of 217910. September 3, 2019).
an attorney-client relationship as condition for The...tecovery of attorney's fees, and
such relationship cannot ,xiSt uritess the client'S,reprenntative is a lawyer (Five J Taxi I
v National Labor RelatipnsCbrn`MiSsfon„ ,:..:41. 1.41474,: ust 22, 1994). Rule 11.02: A lawyer shall punc r at court hearings.
[Rule 11.03: A lawyer shall abs ndalous, offensive or menacing language
THE LAWYER AND-THE,cppRi-§„----- or behavior before the
tioal
Rule 11.04: A lawyer shall NO not supported by the
CANON 10: A lawyeroWes;Candor, fairness and good fartth to the court. record or have,,..qo materta the case:
•
, • r ,
Rule 10.01: A lawyer shall pDIAQ_any fataejloozi, poi conse.itt_to tie doing of any in 't
Court nor shall he mislead, or allow the Cotirt4o.be misled by any Q: When can lawye'rs be held,Alabt for their post digation utterances or
entice publications? _3*
ANS: Post-litigation utteranbes or publi 'Ilbns, made bila4iers;,kcritical of the courts
and their judicial actuations, whether .6 ing to a crime cile; not, which transcend the
Q: To whom di? lawyers 0W:0461r-first duty? permissible bounds akar, comment . itimate'crttipiMsY400ippseby tend to bring
ANS: A lawyer i first ',duty is to'the court's, not to their clients LawYers are above all them into disrepute or to sibvert p ic
. .4,.1%.-,...,,,,,,,
-fidence in'twntegpty i and in the orderly
officers of court sworn to assist the courts in renderingiusticeito all arid sundry, and only administration of juslic,e:, constitute grave fessional miscOridUct which may be visited
secondarily are they advocates of the exciustveintereSts of clidnts. For this reason.
with disbarment or otdr lesser appr6priatidsciplinary sanctions by the Supreme Court
he is required to swear to'idg no fal§ehOiid; nbr consent to theAoing of any in court in the exercise of the prerogatives inherent rgrs, the duly constituted guardian of the
(Chavez v Viofa. A,a No. 2152.„Apri17.19 1991). morals and ethics of the legaffraternity (.1n;reAlrOgi2,-G.R No. L-27654, February 18,
1970).
Rule 10.02: A lawyer shall not knowingly misquote or misrepresent the contents of a
paper, the language or„,the argument of opposing counsel, or the text of a Rule 11.05: A lawyer shall submit grievances against a judge to the proper authorities
decision or authority, or knowingly cite as law a provision already only.
rendered inoperative by repeal or amendment, or assert as a fact that
which has not been proved.
Rule 10.03: A lawyer shall observe the rules of Procedure and shall not misuse them Q: Who is considered as the proper authority to which a lawyer shall submit his
to defeat the ends of justice. grievances against a judge?
ANS: The Supreme Court shall have administrative supervision over all courts and
personnel thereof (CONST., Art. VIII, Sec. 6)_
CANON 11: A lawyer shall observe and maintain the respect due to the courts
and to judicial officers and should insist on similar conduct by
CANON 12: A lawyer shall exert every effort and consider it his duty to assist in
others.
the speedy and efficient administration of justice.
Rule 11.01: A lawyer shall appear in court properly attired.
Rule 12.01: A lawyer shall not appear for trial unless he has adequately prepared
himself on the law and the facts of his case, the evidence he will adduce
and the order of its preference. He should also be ready with the original
Q: What is the proper attire in courts? documents for comparison with the copies.
ANS: In lieu of uniforms, employees are required to wear the appropriate office attire: Rule 12.02: A lawyer shall not file multiple actions arising from the same cause
1 Skirts of office uniforms or casual office attire should be knee-length (one
inch above the knee):
 LEGAL ANIaJBUI
ena
?19,11,k1.,, ,eTtil-j!CCenter
Q: When does forum-shopping exist? (PR.')
ANS: Forum-shopping exists where the elements of Os pendentia are present, or
where a final judgment in one case will amount to res judicata in the other. Thus, there
is forum-shopping when, between an action pending before this Court and another one,
there exist:
1. Identity of Parties, or at least such parties as represent the same interests in
both actions;
2 Identity of Rights asserted and relief prayed for, the relief being founded on
the same facts; and
3. The identity of the two preceding particulars is such that any judgment
rendered in the other action, will, regardless of which party is successful
amount to res Judicata in the action under consideration; said requisites
also constitutive of the requisites for "auter action pendant or lispendens"
(Collantes v_ Court of Appeals, G,R, No. 169604, March 6, 2007).
Q: What are the sanctions providgd.by.the_Rules of Court in case of violation of
the requirement on certificatiorrigainst forum gitopping?
ANS: The sanctions for the' violation of the reOreitleat• on certification against forum
i
shopping are:
1. The submission of a- false certification, oc cion-compliance with any of the
undertakings therein, shall bolittitate-ingiNt dontenFt of court, without
prejudice to the corresponding administrative and,erfminal actions; and
2 If the acts 'of -the party or his counsel clearly constitute willful and deliberate
forum shopping, the same shall be a ground for surnrriary dismissal without
prejudice and shall constitut eW7oritempt, `as-"_well, as a cause for
administrative actions (RULES OF COURT., RULE 7:Sec, 5).
Rule 12.03: A lawyer shall not, after Obtaining extensions of ,Ijrne .6 file pleadings,
memorabda or bri-efs, let the period laPsel‘ivitholit submitting the same or
offering an explanation for hiSiaildref,18;d7 so.
Rule 12.04: A lawyer 'shall not uilduly dalaV, a -case, impede he execution of a
judgment or misuse' Curt profesSes „
Rule 12.05: A lawyer shall 'refrain frorn:taigingfribis„Witness daring a break or recess
in the trial, while the•witne'Ss ib éWlun8,er exantigation.
Rule 12.06: A lawyer Shall not knowin—grY—assist WitheSslto misrepresent himself or
to impersone'fffanOtlier
-
Q: What is "subornation of perjury"?
ANS: 'Subornation of perjury" is an act which is committed by a person who knowingly
and willfully procures another to swear falsely and the witness suborned does testify
under circumstances rendering him guilty of perjury (U.S. v. Ballena, G. R. No. L-6294,
February 10, 1911).
Rule 12.07: A lawyer shall not abuse, browbeat or harass a witness nor needlessly
inconvenience him.
Rule 12.08: A lawyer shall avoid testifying in behalf of his client, except.
1. On formal matters, such as the mailing, authentication or custody of
an instrument, and the like; or
2. On substantial matters, in cases where his testimony is essential to
the ends of justice, in which event he must, during his testimony,
entrust the trial of the case to another counsel.
BEDAN RED BOOK
Volume if Sews o' 2020121
CANON 13: A lawyer shall rely upon the merits of his cause and refrain from
any impropriety which tends to influence, or gives the appearance
of influencing the court.
Rule 13.01: A lawyer shall not extend extraordinary attention or hospitality to. nor
seek opportunity for cultivating familiarity with Judges.
Rule 13.02: A lawyer shall not make public statements in the media regarding a
pending case tending to arouse public opinion for or against a party.
Q: What is the "Sub Judice Rule"?
ANS' The Sub Judice Rule restricts comments and disclosures pertaining to judicial
proceedings to avoid prejudging the issue, influencing the court, or obstructing the
administration of justice (Romero ll, etal. v. Estrada, GR. No. 174105, April 2, 2009),
Q: What kinds of newspaper publication are considered contemptuous?
ANS: There are two kinds of publicationsrelating to court and court proceeding which
can warrant the exercise of the powepto pOnish for contempt:
1_ That which tends to impede„otiptruct, embarrass, or influence the courts in
administering justice in'a pendirig suit proceeding: and
2. That which tends to degrade pfr,courts and to destroy public confidence in
them or that which tends icvijnqb tqfn,ift,any wy into disrepute (People v.
Godoy, G. R. No. P15908-09, March 29'105).-'
Q: What is the Principle of Open Justice'?
ANS: The Princ,ple of Open Justice refers to the public right to scrutinize and criticize
court proceedings It is justifieP on the ground that if the detecmination of justice cannot
be hidden from :he PUblic, this Will proide.,t
1. A safeguard against judicial arbitrariness or iciiosyncrasy, and
2, The maintenapc% of the public:a confidence in the administration of justice
(In Re The -All ations Contaiged in the Columns of Macasaet_ A.M. No
07-09-1-3-SC,,4ubpst 8, 2b08).tt•
Q: When does a trial by publicity becorne.pfarkdicial?
ANS: To warrant a finding Of oreju,dicial fiutiticitypiere must be allegation and proof
that the judges have been unduly influenced, not simply that they might be, by the
barrage of publicity (People v Teehankee, Jr.. G.R. No. 111206-08, October 6, 1995)
Q: Why do lawyers have the right to criticize concluded litigations?
1
ANS: The right to criticize is recognized in concluded litigations because then the
court's actuations are thrown open to public consumption Its decisions and all its official
actions are public property, and the press and the people have the undoubted right to
comment on them, criticize and censure them as they see fit, Judicial officers, like other
public servants, must answer for their official actions before the chancery of public
opinion (In Re: Almacen, G.R. No. L-27654 (Resolution), February 18, 1970).
Rule 13.03: A lawyer shall not brook or invite interference by another branch or
agency of the government in the normal course of judicial proceedings.
THE LAWYER AND THE CLIENTS
Q: What is the nature of attorney-client relationship?
ANS: The relation between an attorney and his client is highly fiduciary in its nature
and of a very delicate, exacting and confidential character, requiring a high degree of
fidelity and good faith (7 Am. Jur 2d 105).
 LEGAL AND JUDICIAL ETHICS I
San Beds Law-RGCT Bar Operations Center
I BEDAN
02
RED BOOK
Volume II I Series 020/21

Note: In view of that special relationship, lawyers are bound to promptly account for determined by the fiscal, judge, commissioner or tribunal hearing the case, a free
money or property received by them on behalf of their clients and failure to do so certified transcript of notes taken by him on the case (RA. No. 6035, Sec. 1).
constitutes professional misconduct (Daroy v. Legaspi, A.C. No. 936, July 25, 1975).
CI: What are the penalties for stenographer's violation or unreasonable delay to
give the free transcript?
Q: How is attorney-client relationship created? (0E1)
ANS: Any stenographer who, after due hearing in accordance with the pertinent
ANS: The attorney-client relationship is created through any of the following:
provisions of Republic Act Na. 2260, as amended, has been found Co have violated the
1. Oral contract- when the counsel is employed without a written agreement.
provisions of Section one of this Act or has unreasonable delayed the giving of a free
but the conditions and amount of attorney's fees are agreed upon (Urban
Bank, Inc. v. Pea. A.C. No. 4863. September 7, 2001): certified transcript of notes to an indigent or low income litigant shall be subject to the
following disciplinary actions:
2. Express contract - when the terms and conditions including the amount of
t Suspension from office for a period not exceeding thirty (30) days (Joon
fees. are explicitly stipulated in a written document which may be a private
finding of guilt for the first time;
or public document. Written contract of attorneys fees is the law between
2. Suspension from office for not less than thirty (30) days and not more than
the lawyer and the client; and
3 Implied contract - when there is no agreement, whether oral or written, but sixty (60) days upon finding of guilt for the second time; and
3. Removal from office upon finding of guilt for the third time (R.A_ No. 6035,
the client allowed the lawyer to render legal services not intended to be
gratuitous without objection_and„,the client is benefited by reason thereof Sec. 3).
(Hilado v. David, G.R.'No L-961, Sepiambar. 21, 1949). 4
Rule 14.02: A lawyer shall not decline cept for serious and sufficient cause. an
appointment as coutl .o or as amicus curiae or a request from
CANON 14: A lawyerr:s°h'all notrefurilifi- Serviees to the.needy. the IBP or any of itsr
• ,e' rendition of free legal aid.
Rule 14.01: A lawyeNhaliflot_geolinelo-represent a peraion sely on account of the
latter 's race set, creed, or status of lite orNetcabektof his own opinion 0: Who is a counsel de ern 271,E.1-
regardingpe Wilt of said person. "; k' , r ANS: A counsel de o an atto ppointed by the urt to represent a party,
usually an indigent de at, in a critrin case (People v It?an, G.R. No. L- 31429,
indigent pdrties? January 31, 1972).
, give preference to
CI: When shall'a court
ANS: All courts shallove preference to the hearing a4d/or dispositiorlof criminal cases
(R A No 6033, Q: What are the considerations for the ointment of cotinseisde officio?
where an indigent is involved 'either as the_offended Party or accused
,
Sec.1)
ANS: The cgttil t constVg the a v
- .
d of the offense Lnd
The difficulty of the
questions thaelhay arise, ap 'rit as nsel de rnbers of the bar in
Q: What are the exceptions f4:•fhe rule regarding the prefereneeigiven to indigent good standing who, bytemp of e, e ence an competently defend
parties? \ ,,, '- i the accused (RUL4E,q OF,,COLIRT, R Sec. 7).
0' )
ANS: The rule of prefere e to .indigentsparties
' does
" noeapply to habeas corpus and
Q: Who is an amicus curiaet
election cases and cases Ni vOlvirig .rWantion pris9i rs, and, persons covered by
ANS: Literally, amicust nae means He is an experienced and
Republic Act 4908 (RA,, No ,.60 eC.1)',----- 00 ".",- "
impartial attorney who tAy be itae'cl in the disposition of issues
Q: How is this preference to indi ent es,,eiledtited‘court? submitted to it (RULES Of CO(iRT, Rule 138, Sec. 36).
ANS: The trial in these cates.„atzll ,crfi meicce"trithin three days from date of
CI: What does "amicus curraeloar excellence" mean?
arraignment and no postponement of"ffife"re-a.rings shall be granted except on the
ANS: "Amicus curiae par excellence" refers to bar associations who appear in court as
ground of illness of the accused or other similar justifiable grounds. City and provincial
amict cunae or friends of court (PINEDA, Legal Ethics Annotated (2009), p.10)
fiscals and courts shall forthwith conduct the preliminary investigation of a criminal case
[hereinafter PINEDA, Legal Ethics)
involving an indigent within three days after its filing and shall terminate the same within
two weeks (RA. No. 6033. Sec.1).
Rule 14.03: A lawyer may not refuse to accept representation of an indigent client
0: What forms of assistance may the courts give to indigent litigants? unless:
ANS: Any indigent litigant may, upon motion, ask the Court for adequate travel 1. He is not in a position to carry out the work effectively or
allowance to enable him and his indigent witnesses to attendant the hearing of a competently; or
criminal case commenced by his complaint or filed against him. The allowance shall 2 He labors under a conflict of interest between him and the
cover actual transportation expenses by the cheapest means from his place of prospective client, or between a present client and the prospective
residence to the court and back. When the hearing of the case requires the presence of client.
the indigent litigant and/or his indigent witnesses in court the whole day -or for two or
more consecutive days, allowances may, in the discretion of the Court, also cover
0: Who is an indigent client?
reasonable expenses for meal and lodging (R A. No. 6034, Sec.1) ANS: An indigent litigant is one whose gross income and that of his immediate family
do not exceed an amount double the monthly minimum wage of an employee and who
Q: When may a stenographer give free transcript of the notes of the case?
ANS: Upon written request of an indigent or low income litigant, his counsel or duly do not own real property with a fair market value as stated in the current tax oeclaration
authorized representative in the case concerned, give within a reasonable period to be of more than P300.000 (RULES OF COURT, RULE 141 Sec_ 19).
 SanJUDICIAL
LEGAL AND ETHICS I
Sec%Law-RGCTBarOperationsCenter I BEDAN RED BOOK
Volume II I Sertes o' 2020/21

ID: What is the meaning of "free legal aid service"? Q: What are the requisites for the Rule on Privileged Communication between an
ANS: Free legal aid service refers to appearance in court or quasi-judicial body for and attorney and his client to apply? (AC-Pc)
in behalf of an indigent or pauper litigant and the preparation of pleadings or motions, It ANS: The requisites for the Rule on Privileged Communication to apply are:
shall also cover assistance by a practicing lawyer to indigent or poor litigants in court- 1. There exists an Attorney-client relationship, or a prospective attorney-client
annexed mediation and in other modes of alternative dispute resolution (ADR). Services relationship, and it is by reason of this relationship that the client made the
rendered when a practicing lawyer is appointed counsel de officio shall also be communication;
considered as free legal aid services and credited as compliance IBM. No. 2012, Sec. 2. The client made the communication in Confidence; and
4, Par. (d)). 3. The legal advice must be sought from the attorney in his Professional
capacity (Mercado v. Vitriol°. A.G. No. 5108, May 26, 2005).
Q: What are the instances to validly decline an appointment as counsel de officio
or amicus curiae? Q: When is communication considered "confidential"?
ANS: Any of the following may constitute a sufficient cause under Rule 14.02: ANS: A communication is considered confidential if it refers to information transmitted
1. In case the lawyer cannot handle the matter competently; or by voluntary act of disclosure between attorney and client in confidence and by means
2. In case of conflict of interest (CPR, Canon 14, Rule 14.03). which, so far as the client is aware, discloses the information to no third person other
than one reasonably necessary for the transmission of the information or the
accomplishment of the purpose for wh it was given (Mercado v. Vitriolo, A.G. No
Rule 14.04: A lawyer who a pts-111t7ba of a person unable to pay his 5108. May 26, 2005).
professional fees' s1,all observe tandard of conduct governing
his relatioa,Witb pa g cirents.1 Q: What are the exceptions to the rivileged Communication? (CD-BAJ)
ANS: The rule on privilege commgnr not applicable to the following:
1. Furtherance of Crime or
CANON 15: A lawyerS4011 6.4.serVe rTd.or. faimess.; 5Yh all his dealings and
2. Claimants through sarne D
transaction/with his clients.:: 3. Breach of duty ,10b:wyer or
1 t,
•
CI: What is the rule onf confidentiality-between a-I
'
i'
er ana h s clLt?
ANS: The confidenti6lity rule mandates that an, attorpey is 4cirlArTitted to disclose
4. Document A sted by the
5. Joint cIient iJ. No. 19
; and
SC, Rule 130,
X
communications made to him:in his.,professional-character by a %clienunless the latter Q: Who are the pe#Ons cp*,#d by Att ey-Client vileberl(LC-LW)
consents. This- obligation to preserve the:confidences' enct se4rets ofda client arises at ANS: The following: persons are covered the Attome -Clier Privilege.
the inception of their ilationShip:TGenatolCSItaban AC. No. 4=01 ly 14, 2003). 1
. .
f 2_ Client;
•
Q: How long is the -client prétectedi by /he privilege against disclosure of 3. Person reae6 ly believed bithe client to sed to engage in the
confidential communications or inforthatiora., e practiceUaW; a
ANS: The protection give'n to the Client-is _perpe/ual,and does not cease with the 4. Third pAons wh y reason Work have acquired information about
termination of the litigation, nor is it affected ove party's .e.easing to employ the the case being led such4,
attorney and retaining arkother, or brany.other el"rangeof relation between them. It even a. Attorneis secretarVstenog
survives the death of the client (Genet° v..Silapah,-A VIclo.#4078, July 14, 2003). b. lnterpr r,. messengers and agents transmitting communication; and
c An accourjpt, scientist, physician, engineer who has been hired for
- --- effective siltation (AM. No. 19-08-15-SC. Rule 130. Sec. 24(b)).
Rule 15.01: A lawyer, in conferring with a prospective client, shall ascertain as soon
as practicable whether the matter would involve a conflict with another
Q: What is the extent of the Attorney-Client Privilege?
client or his own interest, and if so. shall forthwith inform the prospective ANS: The Attorney-Client Privilege continues to exist even after the termination of the
client.
attorney-client relationship. It outlasts the lawyer's engagement_ The privileged
Rule 15.02: A lawyer shall be bound by the rule on privilege communication in character of the communication ceases only when waived by the client himself or after
respect of matters disclosed to him by a prospective client.
his death, by the heir or legal representative (Mercado v. Vitriol°, A.C. No. 5108, May
26. 2005).
Q: What is the Privileged Communication Rule under the Rules of Court?
ANS: An attorney or person reasonably believed by the olient to be licensed to engage Q: What is the effect of the termination of attorney-client relationship to the
in the practice of law cannot, without the consent of the client, be examined as to any Privileged Communication Rule?
communication made by the client to him or her, or his or her advice given thereon in ANS: The termination of attorney-client relationship provides no justification for a
the course of, or with a view to, professional employment, nor can an attorney's lawyer to represent an interest adverse to or in conflict with that of the former client on
secretary, stenographer, or clerk, or other persons assisting the attorney be examined matter involving confidential information which the lawyer acquired when he was
without the consent of the client and his or her employer, concerning any fact the counsel (Spouses. Sabitsana v. Muertegui, G.R. No. 181359, August 5, 2013).
knowledge of which has been acquired in such capacity (A.M. No. 19-08-15-SC, Rule
130, Sec. 24(b)).
 LEGAL ANDSanJUDICIAL ETHICS I
Soda Law-RGCT Bar Operauons Canto'
BEDAN RED BOOK
Volume II l Ser,en of 2020/71
<4:1
Note: The advice of the lawyer, who is an officer of the court, not to obey the order of
Rule 15.03: A lawyer shall not represent conflicting interests except by written the court was a defiance to a lawful order and wilt lessen the confidence in the legal
consent of all concerned given after a full disclosure of the facts. system (CPR Rule 1_02).

Q: What are the tests to determine whether conflicting interests exist? Rule 15.08: A lawyer who is engaged in another profession or occupation
ANS: The tests to determine whether conflicting interest exists are as follows: concurrently with the practice of law shall make clear to his client
1 Conflicting Duties - whether a lawyer is duty-bound to fight for an issue or whether he is acting as a lawyer or in another capacity.
claim in behalf of one client and, at the same time, to oppose that claim for
the other client7
Q: What is the reason behind Rule 15.08?
2. Invitation of Suspicion - whether the acceptance of a new relation would
ANS: The reason is because "certain ethical considerations governing the client-lawyer
prevePt the full discharge of the lawyer's duty of undivided fidelity and
relationship may be operative in one case and not in the other" (Report of the IBP
loyalty to the client or invite suspicion of unfaithfulness or double-dealing in
Committee, p. 84).
the performance of that duty: and
3 Use of prior knowledge obtained - whether the lawyer would be called
upon in the new relation to use against a former client any confidential Canon 16: A lawyer shall hold in trust all moneys and properties of his client
information acquired through their connection or previous employment that may come into his poRession.
(Anirion V. Sabitsana,.AC:- S098, April144012).
' Q: What is the rule on the prope of litigation with respect to lawyers?
Rule 15.04: A lawyer May, with th'ia„ written i Qsen(of ll erned. act as mediator, ANS: Lawyers are not allowed even at a public or judicial auction the
conciliator or arbitrator in settling diSOutes. property which may be the object tion which they may take part by virtue of
Rule 15.05: A lawyer. , when advisirichlt--clients sitalt give candid and honest their profession (CIVIL CODE. ArL
opinion on the Merits and probable regplts\of ..th ient's case, neither
overstating nor understating the -prospects of ftteicas,:,. Q. What are the elements tor'the ap bon of Art. 1'491[6) of the New Civil Code
iniluence any public which forbids an attorney from p sing his client'slp,roperty or interest in
Rule 15.06: A lawyer,shail not state nor imply that he is al&e1c5• ; z
officiaL tribunal,dr • litigation? (RPCP) , )
ANS: The rule forbid*g antattorne'y frorOurchasing hiskliqnrkproperty or interest in
k,
• litigation involves four elements: 4' •, '.,
Q: What is "influence-peddling"? 1 There must be an attorne}mcl*o RelationshiP; i x
ANS: The term "Inflilence7peddling7 refers to any,4reetrent, entered into because of
2. Thp.PropectioNnterest of the c‘ )f' nt must:141044 n ,
the actual or supposed influence to administrative or executive effieks' in the discharge 3 ThFattomey takes part as Coi el in the `6a-S,fp'
of their duties, which contemplates the use of personetinfluenCe and Personal solicitation 4 The attom l5 himself or t ugh another Pfifeases such property or
rather than any appeal to, the judgment of the offiCer on the.merits Of the object sought interesi'dciring th&pendency o e litigation
(International Harvester Macleod, CA, GA No:1-44346, May:81, 1979). ,-,
Note: This prohibition is absOute and pe is extends to schemes intended to
Q: What is the prohibition ortirivate individuals When dealind with public officials? circumvent the law. Thl.protilbition mbracing to include not only
ANS: It shall be unlawful br any Orson •having fqmily or)105e personal relation with sales to private individuais but u lc or ju cia sales (In re: Suspension from the
any public official to capitalize or exploit Or te14, ad\Laritage of such family or close Practice of Law in the 'Temtoii f Guam of Atty. Leon G. Maquerra, B.M. No. 793
personal relation by directly dr -indirectly requestingmor receiving any present, gift or (Resolution). July 30, 2004,1.
material or pecuniary advantage fro other person having some business.
transaction, application, request or contract with the government, in which such public Rule 16.01: A lawyer shall account for all money or property collected or received for
official has to intervene (R.A. 3019, Sec. 4(a)). or from the client.
Rule 16.02: A lawyer shall keep the funds of each client separate and apart from his
Q: What are included in the term "close personal relation"? own and those of others kept by him.
ANS: The word "close personal relation" shall include close personal friendship, social Rule 16.03: A lawyer shall deliver the funds and property of his client when due or
and fraternal connections, and professional employment all giving nse to intimacy which upon demand. However, he shall have a lien on the funds and may apply
assures free access to such public officer (R.A. 3019, Sec. 4(a)) So much thereof as may be necessary to satisfy his lawful fees and
disbursements, giving notice promptly thereafter to his client. He shall
Rule 15.07: A 'awyer shall impress upon his client compliance with the laws and the also have a lien to the same extent on all judgments and the execution
principles of fairness. he has secured for his client as provided for in the Rules of Court_
Rule 16.04: A lawyer shall not borrow money from his client unless the client's
Q: What is the sanction in case of violation of Rule 15.07? interests are fully protected by the nature of the case or by independent
ANS: A lawyer who advises his client not to obey the order of the courts is guilty of advice. Neither shall a lawyer lend money to a client except, when in the
contempt and misconduct_ Contempt of court is defined as some act or conduct which interest of justice; he has to advance necessary expenses in a legal
tends to interfere with the business of the court, by a refusal to obey some lawful order matter he is handling for the client.
of the court (Laurel v. Francisco. AM. No. RTJ-06-1992, July 6, 2010).
 LEGAL AND JUDICIAL ETHICS I
San Soda Law-RGCT Bar Operations Cents,
Q: How must a lawyer transact business with his client?
ANS: A lawyer may transact with his client a business characterized with utmost
honesty and good faith. The measure of good faith which an attorney is required to
exercise in his dealings with his client is a much higher standard than is required in
business dealings where the parties trade at arm's length (Nakpil V. Valdez, A.C. Na
11483, October 3. 2017).
BEDAN
volume RED BOOK
II I Senor, of 2020/21
<CI
Q: Is the presumption of negligence applicable in a lawyer's performance of his
duty?
ANS: No. In the absence of contrary evidence, a lawyer is presumed to be prompt and
diligent in the performance of his duties and to have employed his best efforts, learning
and ability in the protection of his client's interests and in the discharge of his duties as
an officer of the court (People it. Mantawar, G R. Na L-1248, April 30. 1948).

Q: Why are business transactions between an attorney and his client disfavored?
ANS: Business transactions between an attorney and his client are disfavored and
discouraged by the policy of law because it is founded on public policy for, by virtue of
his office, an attorney is In an easy position to take advantage of the credulity and
ignorance of his client (Nakpil v Valdez, A.C. No. 11483, October 3, 2017).
Q. What is the effect of a lawyer's negligence to his client's cause?
ANS: Generally, the negligence and mistakes of counsel are binding on the client
except when the reckless or gross negligence of counsel deprives the client of due
process of law, or when the application of the general- rule results in the outright
deprivation of one's property or liberty through a technicality (Dimarucot v. People. G.R.
No. 183975 (Resolution), September 20, 2010),

'CANON 17: A lawyer owes fidelity to the cause of his client and he shall be
mindful of the trust and confidence reposed in him. Rule 18.04: A lawyer shall keep the client informed of the status of his case and shall I
respond within a reasonabl 'me to the client's request for information.

CANON 18: A lawyer.shallserv'e his ClieneWith orrpetence and diligence. Q: What is the Doctrine of InjOipnowledge as applied to attorney-client
relation? • a,
Q: How can a lawyer proviOefulpr.otection-of„hjs alien s interests? ANS: The Doctrine of Imputed;:*). applie attorney-client relation
ANS: A counsel for any party In a judicial,controver`0, is ' 6).ind to prepare for trial provides that any fact a lawyer'acqtike u w. of the attorney-client
with diligence and delibefete Speed, to give preferentiO att ben' to\he case (Javellana relation and while acting withth the scope f his author , ted to the client (Heirs
v. Lutero. G.R. No. L-23956, July 21, 1967) and keeping con y reast of the latest of Falame it. Baguio, Aqiro 6876 (3' lion), March 7, 2
jurisprudence and developments- in- all branches- of law Rox v. CA, G.R. No,
• tt
80718. January 29, 1988) tl: What are the excel na40Attle Doctri of Imputed nowredge?
ANS: The following`are th ceptions to Doctrine of mated*nowledge:
- -
Q: What is thd standard of care required of a lawyer? , •
-I 1. If strict appkcation might.fo c dangerous- collusion tlo the detriment of
•
ANS: The standared,d1 care requiretrqrallawyer irprAnary cligece or diligence of a Justice:
good father of a' familjtkor that degree of vigitencVeiRected f a bleis pater families 2. Service of noti_,Ce.upon'etOy in r ad of upo is ordered by court;
(Edquibal it. Feri•er, Jr., 4.C. NO, ,,5687, February 6075). 3 Notice of pre*Xes required e served upOrt artig and their respective
• lawyersk.1*nd'" --
4. In appeal from the lower court IC, upon docketing of appeal. Failure
Rule 18.01: A lawyer shall ngt unEiertake a fecal seprice, whic he knows, or should
•

to appeal to ,CA despite irrsr, client to do so constitutes

know, that he is not,gUalified tol-eoder. Hower, he may render such
service if.'iwith e- con-ienrOftirclie he n obtain as collaborating
counsel a laWyer'w4o is cornOte'ntp atter.
CI: Who is a collaborating counsel?
ANS: A collaborating counsel is one who is subsequently engaged to assist a lawyer
already handling a particular case for a client (P1NEDA, supra at 291). The same
diligence required of the first counsel is required of the collaborating counsel (Subfay v.
National Labor Relations Commission, G.R. Na 130104, January 31, 2000).
Rule 18.02: A lawyer shall not handle any legal matter without adequate preparation.
Rule 18.03: A lawyer shall not neglect a legal matter entrusted to him, and his
negligence in connection therewith shall render him liable.
0: When is there gross negligence? (JON)
ANS; In order for gross negligence to exist, he following requisites must be present.
The counse! has been grossly negligent to Justify a new trial;
2. The client has a good and meritorious Defense: and
3 The client is not himself guilty of gross Negligence (Amil v CA, G.R. No
125272, October 7, 1999)
inexcusablqegI ene?,,on- rt e I. Canon 18, Rule 18.04 of
the CPR requires alaWyer to keep his client informed of the status of the
case and res,kncrwithin a reasonable time to the client's request for
information (Abielgi). Juanino, A.C. No 5302, February 18, 2005)
CANON 19: A lawyer shall represent his client with zeal within the bounds of the
law.
Rule 19.01: A lawyer shall employ only fair and honest means to attain toe lawful
objectives of his client and shall not present, participate in presenting or
threaten to present unfounded criminal charges to obtain an improper
advantage in any case or proceeding.
Rule 19.02: A lawyer who has received information that his client has, in the course
of the representation, perpetrated a fraud upon a person or tribunal, shall
promptly call upon the client to rectify the same, and failing which he
shall terminate the relationship with such client in accordance with the
Rules of Court
Rule 19.03: A lawyer shall not allow his client to dictate the procedure in handling the
case.
 LEGAL AND JUDICIAL ETHICS I
San Soda Law-PGCT Bar Operations Center
I BEDAN RED BOOK
Vo,ume fl i Senes •Df 2020/21

Q: What is quantum meruit?

CANON 20: A lawyer shall charge only fair and reasonable fees.
Rule 20.01, A lawyer shall be guided by the following factors in determining his fees.
1. The time spent and the extent of the services rendered or required;
2. The novelty and difficulty of the questions involved:
3. The importance of the subject matter:
4 The skill demanded*,
5 The probability of losing other employment as a result of acceptance
of the proffered case:
6. The customary charges for similar services and the schedule of fees
of the IBP chapter to which he belongs;
7. The amount involved in the controversy and the benefits resulting to
the client from the service;
8. The contingency or certainty of compensation;
9 The character of the employment, whether occasional or
established;
10. The profes staryling
. Q: What is champerty?
f ANS: Champerty is characterized?
Q: How should a lawyer be CPmpensatellIt -cording Ao•thekRules of Court?
ANS: An attorney shall be eptitied totieveeend recove'r froM tiNclient no more than a
reasonable comperisatiOnler hisilervices, with a-View fbItle impNtance of the subject
matter of the controvesi, the extent of the services rer'idtefed end the professional
standing of the attorney: No court shall be bound by the optoiOn of attorneys as expert
witnesses as to the proper compensation butmay.disregard Aclarleatitnony and base its
conclusion on its dvvii professional knowledge. A: written *tract for services shall
control the amour t to be paid therefor unless found by the court to be unconscionable or
unreasonable (RULES OF COURT, RULE 138, Sec. 24).
Q: What are the different kiPds of retainer agreement?
ANS: The following are the different kinds Of relairie(,agreerVent:
1 General retainer — the fee paid to a iawyer to secure hit future services as
'general counsel for any ordinary legal prdblem ttAt may arise in the
routinary business of the client and .referred to him for legal action. The
client pays _fixed' retainee fees. Which•could tie m6nth1y or otherwise. The
fees are paid whether or not there are cases referred to the lawyer or
2 Special retainer, fee for a specific c,e'S'e or service rendered by the lawyer
for the client (Traders .RoyL Bank Employees Union-Independent v.
National Labor Relations Commission, G.R No. 120592. March 14. 1997).
0: What are the requisites to be entitled to attorney's fees?
ANS: The following are the requisites for a lawyer to be entitled to attorney's fees.
1 Existence of attorney-client relationship; and
2 Rendition by the lawyer of services to the client (Befteza v. Macasa, A. C.
No. 7815. July 23. 2009),
ANS: Quantum meruit literally means as much as he deserved." Ills how to determine
the lawyers professional in the absence of a contract, or when the counsel, for
justifiable cause, was not able to finish the case to its conclusion, or where the
circumstances of the engagement indicate that it will be contrary to the parties'
expectation to deprive the attorney of all compensation (Sanchez v. Agullos, A. C. No.
10543, March 16. 2016)
Rule 20.02: A lawyer shall, in cases of referral, with the consent of the client, be
entitled to a division of fees in proportion to the work performed and
responsibility assumed.
Rule 20.03: A lawyer shall not, without the full knowledge and consent of the client.
accept any fee, reward, costs, commission, interest, rebate or forwarding
allowance or other compensation whatsoever related to his professional
employment from anyone other than the client.
ceipt of a share of the proceeds of the
litigation by the intermeddler. Sonit' n law court decisions add that the lawyer
must also, at his own expense 'Mal ke all, p risks of, the litigation
(Cadavedo v. Lacaya, G.R. No
0: Why is a champertous contract 4dered unethical
ANS: Champertous contracts are atrA riqt public policy estietially where, as in this
t
case, the attorney has agreed, tocarry on Itre action at his ewq expense in consideration
of some bargain to he'Ve part o,L.the thing dispute. The executibn of these contracts
violates the fiduciary relationship between lawyer and his Oent.'itor which the former
must incur adMinistrative sanctions (Bauti v Gonzales, A.M.No. 1625. February 12.
1990).
CI: What is a charging
ANS: The charging lien is the right whic mey has upon all juagments fcr the
payment of money, and exebbtions iSSUE of said judgments, which he
has secured in litigation of his client- °flan°, G.R. No. 1,12905,
February 26, 159).
CI: What is a retaining lien? -
ANS: A retaining lien is the right of a lawyer to retain the funds, documents and papers
of his client which have lawfully come into his possession until his lawful fees and
disbursements have been paid, and may apply such funds to the satisfaction thereof.
(RULES OF COURT, RULE 138, Sec. 37).
Q: What are the differences between a retaining lien and a charging lien?
ANS: The following are the differences between the two:

Q: How is the compensation of a lawyer determined? Retaining Lien Charging Lien

ANS: Once the attorney has performed the task assigned to him in a valid agreement,
his compensation is determined on the basis of what he and the client agreed. In the As to nature Passive Lien. It cannot be Active Lien. It can be enforced by
absence of the written agreement, the lawyers compensation shall be basec on actively enforced. It is a execution It is a special lien.
quantum meruit Nevertheless, the court shall determine in every case what is general lien.
reasonable compensation based on the obtaining circumstances, provided that the
attorney does not receive more than what is reasonable, in keeping with Section 24 of As to basis Lawful possession of papers, Securing of a favorable money
Rule 138 of the Rules of Court (Sanchez v. Aguilos, A.C. No. 10543, March 16. 2016). documents. property judgment for the client
belonging to the client
CI> LEGAL AND

Retaining Lien
JUDICIAL ETHICS I
San Reda Law-ROOT Bar OperaboneCenter

Charging Lien
BEDAN RED BOOK
Volume il Senes of 2020/21

AS to Coverage Covers papers, documents
and properties in the lawful
possession of the attorney
by reason of his professional
employment.
Covers all judgments for the
payment of money and execution
issued in pursuance of such
judgments; proceeds of judgment in
favor of client; proceeds of
compromise settlement
2.
<CI
Extra-ordinary concept (Rosana Jr. v. De Guzman, G R No. 191247. July
10, 2013).
Q: What is the ordinary concept of attorney's fees?
ANS: The ordinary concept of attorney's fees is it is the reasonable compensation paid
to the lawyer for the legal services he had rendered in favor of his client. The basis of
this compensation is the fact of employment by the client (Rosario, Jr. v, De Guzman,
G R. No. 191247, July 10, 2013).

AS to effectivity As soon as the attorney gets As soon as the claim for attorney's Q: What is the extra-ordinary concept of attorney's fees?
possession of the papers, fees had been entered into the ANS: The extra-ordinary concept of attorney's fees is it is an indemnity for damages
documents or property. records of the case; partakes the ordered by the court to be paid by the losing party to the prevailing party in
nature of collateral security. litigation, The basis of this is any of the cases authorized by law and is payable not to
the lawyer but to the client unless there is an agreement that the award shall pertain to
As to notice to The Client need not be Notice must be served upon the
the lawyer as an additional compensation or as part thereof (Rosario. Jr. v. De Guzman,
client notified to make 112tes1jye client and the adverse party.
G.R. No. 191247. July 10, 2013)
As to May be - 'exercised, befole G nerally, exercisable only when 4
applicability judgment- , or"execiition attorhey had already secured a CANON 21: A lawyer shall prisprve confidence and secrets of his client
regardless Iheret5r , votatIre ment for his client. even after the aftorlpk,, relation is terminated.
_ —...
As to When Posses n — lawfully 'Wheri,,the jienl oses the action as _ •••”
extinguishment ends, as .when the tawW the i lien may only be enforced Q: What are the differences between'ca orit21-dit 9.015 of the CPR'?
vofuntarily parts witii" the against a judg
,rtient awarded in ANS: The following are_ttledifferences'bitween the two
funds i.documents_.:and_,..favor of the„,blieilt. the proceeds
Pipers but NOT when the, thereof or e\ eoutib6 thereon CANON 21 CANON 15
c3Ocumenfs
, have . been 1.-rp

As to the main 0(11711 Observang qf andor. fairness, and

intproperlA or illegally., taken
subject comm iafion loyalty in ,his tr`ensAtions with his client
torn lawyers n JCt ---
(AGPALO, supra'at 450 and 459 As to the extent -Eorte9s'` eveo,.a ' . .fter I g I Bind the rule on
of the protection at • 4.7.;..,' tient,* . privileg lation in respect of
Q: What are the 'requisites for enforbeatiility614`thargi g lien3AARE-CS) of the privileged a<t.iP 113 matters disclosed by prospective
• communication 6lThinat i ' clients
ANS: The following requisites must:be-present in ogler for da charging lien to be ._
enforceable: (CPR, Canon 21 and C
1: Existence of,anAtt,Orl-clieotzelat
2. The attorney.hasIgnd red sery
3. Favorable moneYlucigenent e yt,betbunsel for his client; Rule 21.01: A lawyer sall noneal the confidences or secrets of his client, except'
4. The attorney has a Cla"Wforettorneri fees or advances; and (ARC)
5. A Statement of the claim has been duly recorded in the case with notice 1. When kithorized by the client after acquainting him of the
thereof served upon the client and the adverse party (AGPALO, supra at consequences of the disclosure;
452). 2. When Required by law; and
3. When necessary to Collect his fees or to defend himself, his
employees or associates or by judicial action.
Rule 20.04: A lawyer shall avoid controversies with clients concerning his Rule 21.02: A lawyer shall not, to the disadvantage of his client, use information
compensation and shall resort to judicial action only to prevent acquired in the course of employment, nor shall he use the same to his
imposition, injustice, or fraud own advantage or that of a third person, unless the client with full
knowledge of the circumstances consents thereto.
Q: How may a lawyer protect his right to fees?
ANS: A lawyer may take judicial action to protect his right to fees either in the main Q: What does "confidence" mean?
action where his services were rendered or in an independent civil suit against his client ANS: Confidence refers to information protected by the attorney-client privilege (Report
(Tolentino v. Escalona, G.R. No. 26556, January 24, 1969). of 18P Committee, all17).

Q: What are the two concepts of attorney's fees? Q: What does "secret" mean?
ANS: The two concepts of attorney's fees are: ANS: Secret refers to other information gained in the professional relationship that the
1. Ordinary concept; and client has requested to be held inviolate or the disclosure of which would be
embarrassing or detrimental to the client (Report of 1BP Committee, at 117),
 LEGAL AND JUDICIAL ETHICS I
San Bede law-RGCT Bar ()melons Centel
BEDAN RED BOOK
Volume II j Series of 2020/21

Rule 21.03; A lawyer shall not, without the written consent of his client, give 5.
When the client deliberately fails to pay the fees for the services or
information from his files to an outside agency seeking such information fails to comply with the retainer agreement;
for auditing, statistical, bookkeeping. accounting, data processing, or any 6. When the lawyer is elected or appointed to public office: and
similar purpose. 7_ Other similar case.
Rule 21.04: A lawyer may disclose the affairs of a client of the firm to partners or Rule 2202:
. A lawyer who withdraws or is discharged shall, subject to a retainer lien,
associates thereof unless prohibited by the client 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
Q: What is the rule if the lawyer refuses to disclose the name of his client? the matter.
ANS: As a general rule, the lawyer may not invoke the privilege and refuse to divulge
the name or identity of his client/s, However, a lawyer may refuse to disclose the name
of his client in the following instances: 0: How can a lawyer retire from his services?
1. Client identity is privileged where a strong probability exists that revealing ANS: The lawyer must file a written motion and a copy thereof served upon the
the client's name would implicate that client in the very activity for which he adverse party with an express consent of his client. The court shall then determine that
sought the lawyer's advice; he ought to be allowed to retire. He may also retire at any time from an action or special
2. Where disclosure would open,, the client to civil liability, his identity is proceeding, without the consent of his die , should the court, on notice to the client and
privileged; and ••' the attorney, and on hearing, determineth he ougnt to be allowed to retire (RULES OF
a Where the goyernmehts lawyers have ao Case against an attorney's client COURT, RULE 138, Sec. 26).
unless by reV'ealitig Ifie-cfienta-narrid,_ tbe said,tia,rne would furnish the only
link that would form„theChain of testimony naCe5sety to convict an individual Q: When may a client terminate the y-client relationship?
of a crimelhe clidnt . namairprivileged Ifiegale ii.%Sandiganbayan, G.R. ANS: The client has the absolute rih te the ney-client relationship at
No. 105938, September 20, 1996).
any time with or without causeprOing 0,416e421 September 24. 1997).
Note: if the contract bph,Orclient ttorney has been J uced to writing and the
. . It to prevent those
ire dismissal of the attorney was withou u§ 'able cause, he, at! be entitled to recover
Rule 21.05: A lawyershall idea sitch Measures as may
from the client the stipulated in the cant (RULES OF COURT,
whoed services are utilized by him, from Oisclosingtoo ing confidences
RULE 138, Sec. 26).
Or searets of the clients.
4
Rule 21 06: A lawyer shall void indiscreet conversation abotirrai nrs affairs even
Q: What are of the dea of party?
with meinbers-ofhis .
ANS: When se di eke is not thereby
Rule 21.07: A latiyel" shalljlet,reveal that he has been cohtilittrdc about a particular
extinguished it 41.311 be the I to infortR iFin thirty (30) days
case except. td*Old,possible
, conflict ofinteresf
of such death. an to residence o executor, administrator,
guardian or other le at re'prese S OF COURT, RULE 3, Sec. 16)
Q: What is the reason behind Rule 21.07? ••., „
ANS: The reason behind theissle :that a, lawyer,stfall•vt rekleal that he has been 4:01414,1
consulted about a oarticularcOe because.the'Pbtige,tili rypreserve the confidences
and secrets of a client arise.S. at,tlie inception ,df,tbe'ir.. ,lationship (Genato V. &apart NATURE AND CHARA*RISTI OF DISCIPLINARY ACTIONS AGAINST LAWYERS
A.G. No. 4078. July 14. 2003)1-Ik4,wyer-cltent rilatiopship was established from the very 04.
Q: What are the characterLsitst and the nature of disbarment proceedings?
first moment a person asks a liWyer—for leg'ar advice. To constitute professional

employment. ;t is not essential that the client employed the attorney professionally on
any previous occasion neither is it material that the attorney consulted did not afterward
handle the case for which his service had been sought (Burbe v Magulta, AC No. 99-
634, June 10 2002).
CANON 22' A lawyer shall withdraw his services only for good cause and upon
notice appropriate in the circumstances.
Rule 22.01: A lawyer may withdraw his services in any of the following case:
1. When the client pursues an illegal or immoral course of conduct in
connection with the matter he is handling;
When the client insists that the lawyer pursue conduct violative of
these canons and rules;
3 When his inability to work with co-counsel will not promote the best
interest of the client:
4 When the mental or physical condition of the lawyer renders it
difficult for him to carry out the employment effectively:
1
(SC-OMPD-S123-RM)
ANS: The nature and characteristics of disbarment proceedings are as follows:
1. DisbaTrmheey against lawyers are Sui genetis, or a class of its
own. are;
a. Neither purely civil nor purely criminal because they do not involve a
trial of an action or a suit, but are rather investigations by the Court into
the conduct of one of its officers:
b_ NOT a criminal prosecution because they are not intended to inflict
punishment, The real question for determination is. whether or not the
attorney is still a fit person to be allowed the privileges as such; and
c, NOT a civil action because there is neither plaintiff nor respondent.
Public interest is their primary objective and involves no private interest
Hence, a real party-in-interest is not required and there is no redress
for private grievance (Gonzales v, Alcaraz, A.C. No. 5321 September
27, 2006):
Z. Disbarment proceedings are Confidential until its final determination
(RULES OF COURT. RULE 139, Sec. 10);
 LEGAL ANII1sU
eca
plcl.A1EllinsIC I BEDAN RED BOOK
Volume II Sere 3r 2020/21

3, Double jeopardy is inapplicable in a disbarment proceeding against an GROUNDS

attorney for the reason that a disbarment case does not partake of a
0: What are the instances for disbarment or suspension? (DMG-CV-WCD-AH)
criminal proceeding:
ANS: A member of the bar may be disbarred or suspended from his office as attorney
4. Can be initiated Motu propno by the Supreme Court or by the IBP:
by the Supreme Court for any:
5, Can Proceed regardless of interest or lack of interest of the complainants, if
1. Deceit;
the facts proven so warrant;
2. Malpractice or other gross misconduct in such office;
6. It is itself a Due process of law;
3. Grossly immoral conduct;
7. Whatever has been decided in a disbarment case cannot be a Source of
4. Conviction of a crime involving moral turpitude:
right that may be enforced in another action;
5. Violation of oath of office,
8. Penalty in disbarment case cannot be in the alternative.
6. Willful disobedience of a lawful order of a superior court,
9 No Prejudicial question in disbarment proceedings;
7. Corruptly or willfully appearing as an attorney for a party to a case without
10. In Pari delicto rule NOT applicable;
authority so to do,
11. No Res judicata in disbarment cases; and
8. Disbarment in foreign jurisdiction (RULES OF COURT RULE 138, Sec 27),
12_ Monetary claims cannot be granted, except restitution and return of monies
9. Acts contrary to honesty or good morals, and
and properties of the client given in the course of the lawyer-client
10. Acts that do not approximate the Highest degree of morality and integrity
relationship (FUNA, Legatend-JudiOal Ethics, supra at 409-418),
expected of the members ofetie bar (Ste Maria v. Tuazon, A.C. No. 396,
Q: Does prescription applyin disbarnient proceedinOs?„. July 31, 1964.)
4 7,
ANS: No. Laws dealingiwWdo;i6lejeojigrolior%vith pnbcedtitre such as the verification
Q: What are the other statutory gro disbarment?
of pleadings and prejtidicial„questions or in this'itakei, p'reKbotion of offenses or the
filing of affidavits of idesistance by_thecomplainant„do'wksaptily)o the determination of ANS: Other statutory grounds foli include:
1. Acquisition of an interest er ohe litigation, either through
a lawyer's qualifications
. . fitness for membership ikth'64.13* 0T/do v_ Garrido, A.C.
gad
purchase or assignMent (c.4vig
No. 6593, February 4,..2010) ,
2 Breach of professional duty, in . xcusable neglige*, or ignorance, or for the
Q; What are the reesdns ben' ind-the imprescriptibility of disbarment proceedings? revelation of the client's s", (REVISED PEN,44eopE, Art. 208); and
ANS: The reasong behind imprescriptibility of disbarment pro edirtiare as follows: 3. Reoresentinconflicting.inlereits (REVISED PENAOCODE. Art 209).
1 Admission to the ipractice of law is a coMponent of_thetadministration of
justice .and is a matter of public.kterest because jt involVps service to the Q: What does "deceit" mean?,:,
ANS: Deceit Means ,.;tving the proclivity for; fraudulent and deceptive
public, The admiAlon-quahficitibris-are-also quali ous.for the continued
o misrepresentation; artifice* device that isiiitised u 0 *Ara ignorant of the
enjOYment'of the privilege to practice law and -
true facts, to the prejudice and ONtagepol the pa -"tagit00.4On In order to be
2 Lack of qualific.ationsior-,the vici,f5tiOrt,of the s' tandards for/he practice of law,
like Criminal cases,' is a.Matter of,,plibliticoncern that the State may inquire deceitful, the peraw.,Mustelther have knoAedge of the falsity or acted in reckless and
conscious ignorance thereof especially if .,the parties are not on equal terms, and was
into through this Court (d-arridoVGamdo A.CZNo_ 654, February 4, 2010)
done with the intent that the aggrieved p4ty. ereon, and the latter indeed acted in
Q: What are the disciplinarysapctionS-thatiparbe4imposed on a lawyer in case of reliance of the false statement or deed „in- contemplated to his injury
professional miscondUct? (DS(R-AP67-11T (Saladaga v. Astorga, At.C. No 4697, IlTervember 2
ANS: The following disci-pill-14i sanctions, aee'lriipoSable against a lawyer for
Q: What constitutes legal malpractice?
professional misconduct:
1 ANS: Legal malpractice cOnSitts of failure of an attorney to use such skill, prudence,
Disbarment;
and diligence as lawyers of ordinary skill and capacity commonly possess and exercise
2. Suspension;
in the performance of tasks which they undertake, and when such failure proximately
3. Interim Suspension:
causes damage, it gives rise to an action in tort (Tan Tek Bang v. David, AC. No.1261,
4. Reprimand;
December 29, 1983), The practice of soliciting cases at law for the purpose of gain,
5 Admonition:
either personally or through paid agents or brokers constitutes malpractice (RULES OF
6. Probation;
COURT, RULE 138, Sec. 27).
7 Other sanctions and remedies:
a. Restitution; Q: What does "moral turpitude" mean?
b Assessment of costs: ANS: Moral turpitude is defined as everything which is done contrary to justice,
c Limitation upon practice; modesty, or good morals: an act of baseness, vileness or depravity in the private and
d. Appointment of a receiver; social duties which a man owes his fellowmen, or the society in general, contrary to
e Requirement that the lawyer take the bar examination or professional justice, honesty, modesty or good morals (in Re: Base, December 7, 1920)
responsibility examination
f. Requirement that the lawyer attend continuing education courses; Q: What is the effect of a lawyer's misconduct in his private capacity?
9. Other requirements that the State's highest court or disciplinary board ANS: A lawyer may be disbarred or suspended for any misconduct, whether in his
deems consistent with the purposes of lawyer sanctions: and professional or private capacity, which shows him to be wanting in moral character, in
8 Reciprocal Discipline (1BP Commission on Bar Discipline Guidelines for honesty, probity and good demeanor, or unworthy to continue as an officer of the court
Imposing Lawyer Sanctions). (Maligsa v Cabanting, A.C. No, 4539, May 14, 1997).
1:1,)
HOW INSTITUTED/ PROCEEDINGS
LEGAL ANP, 31.1,21CIABL.70,E.THIpent BEDAN RED BOOK
Volume II lSenes of 2020121
<43
causes under RULE 138, Sec_ 27, during the pendency of the
Q: How are disbarment proceedings instituted? investigation until such suspension is lifted by the Supreme Court
ANS: Proceedings for the disbarment, suspension, or discipline of attorneys may be (RULES OF COURT, RULE 139-B, Sec. 15).
6. Findings and Recommendations of the investigator
taken by the Supreme Court motu prop/c. or by the Integrated Bar of the Philippines
(IBP) upon the verified complaint of any person. The complaint shall state clearly and a. Not later than thirty (30) days from the termination of the investigation
concisely the facts complained of and shall be supported by affidavits of persons having the Investigator shall submit a report containing his findings of fact and
personal knowledge of the facts therein alleged and/or by such documents as may recommendations to the IBP Board of Governors, together with the
substantiate said facts (RULES OF COURT, RULE 139-B, Sec 1, Par 1) stenographic notes and the transcript thereof, and all the evidence
presented during the investigation (RULES OF COURT, RULE 139-B,
Q: What are the procedural steps for disbarment in the Integrated Bar of the Sec. 10).
Philippines? (IAM-A-HR-Rev) 7. Review and decision by Board of Governors
ANS: The procedural steps in disbarment proceedings are. a. Every case heard by an investigator shall be reviewed by the 'BP
1 Institution of the action Board of Governors upon the record and evidence transmitted to it by
a Proceedings for the disbarment, suspension and discipline of attorneys the Investigator with his report;
may be taken by the SC mom proprio, or upon the filing of a verified b. If the Board, by the vote of a majority of its total membership,
complaint of any person before the .SC or the IBP; and determines that the respAdent should be suspended from the practice
b. If the complaint; is filed before the TE3P,.. six (6) copies of the verified of law or disbarred, it.slifl issue a resolution setting forth its findings
petition .stiall.,be2filed with .the Secretary otthe IBP or the Secretary of and recommenda i;' - together with the whole record of the case.
any orits c,ha'pters who- ghall -forthwithetran'Smit the same to the IBP shall forthwith be c the Supreme Court for final action;
Board of Governors for the assignrilee, to an investigator (RULES OF c. If the responder ated by the Board or tne disciplinary
COURT, RULE 439 B Sec 1. is amended by Bar Matter No. 1645). sanction imposed b i ..t ' _fsuspeeston or disbarment (such as
2 Assignment of complaint to an •IBP national grievance''investigator admonition, repil & e1ts,ajfeseue a decision exonerating
a. The Board of•Governors shall appoint from among the IBP members an respondent or imposing uch sanction. 11-te... case shall be deemed
Inyestioator or when special circumsta?ces so warrafit, a panel of three terminated unless uivgaiefition of the comPlaipant or other interested
inveStigatorseo investigate the complaint (RULES-OF COURT, RULE party filed with the StIpreie Court within fifteen (15) days from notice
13g-B, Sec. 2). of the Board'e.tesolution, Supreme Ciiirt orders otherwise; and
3. DeterrniMtion ofMerit d Notice of thdiesolution ecision of the Riper&-shall be given to all
a. Where the complaint appears to be 'meritorious, the, investigator shall parties through their bou el A copy of the samekshall be transmitted
diO-dt that a copy thereof be served•uPorythe ie'STYP.ndent requiring him to the Supreme Court (R S OF cpc .r.pg,t e..1, -4,?. Sec 12).
, yr
to ansWer wittiirefifteen (15) days.fro(M•service of noti6e; and
b, Where itie complaint,en its face does not Merit acti6n, or if the answer 4: What is the procedurMor . disbarinen
.,, n the SC? ''''' ' '1't
shows to tO Investigator that -the action does not merit action, the ANS: In proceedings initIathJ.,by the Suprgime Court or in other proceedings where the
in stigator 'shall recommend its dismissal to the IBP Board of interests of justice so require. 4
Governors arld"sha,11 be disposed in 'accerciance with Section 12 1. The Supreme Court may ref r investigation to the Solicitor
General, orOly officer;of1h4 r judge of a lower court, in
(RULES,CF:OOL/R 'Plcit.E .i39,-B; s . ec.,5)/
4 Where the reSiiond.ent is directed to .filb n'Answer, the answer shall be which case -the inv 'Vation shall proceed in the same manner provided in
verified. The originarand,„five (5) legibietopies of the answer shall be filed sections 6 tO.,1),..41 eof, save that the review of the report of investigation
with the Investigator, with proof of service of a copy thereof on the shall be conducted' irectly by the Supreme Court
complainant or his counsel (RULES OF COURT, RULE 139-B, Sec. 6). 2. If referred, the Solicitor General or other Investigator designated by the
5, Investigation Hearing Supreme Court shall submit to the Supreme Court a report containing his
a Upon joinder of the issues or failure to answer, Investigator shall, with findings of fact and recommendations for the final action of the Supreme
deliberate speed, proceed with the investigation of the case. He shall Court (RULES OF COURT, Rule 13943).
have the power to issue subpoenas and administer oaths ,(RULES OF
Q: What is the quantum of proof required in administrative cases for disbarment
COURT, RULE 139-B, Sec. 8):
or suspension against lawyers?
h The respondent shall be given full opportunity to defend himself, to ANS: In administrative cases for disbarment or suspension against lawyers, the
present witnesses on his behalf, and be heard by himself and counsel.
quantum of proof required is clearly preponderant evidence and the burden of proof
However, if upon reasonable notice, the respondent fails to appear the rests upon the complainant (De Zuzuarregui Jr., v. Soguilon. A.G. No. 4495, October -8,
investigator may proceed ex parte (RULES OF COURT, RULE 139-8,
2008).
Sec. 8):
c. The investigation shall be terminated within 3 months from its 0: What are the consequences of a motion for reconsideration in disbarment
commencement which period may be extended (RULES OF COURT, proceedings?
RULE 139-B, Sec, 8): and ANS.
d. After receipt of the answer or lapse of the period to do so, the SC. may, 1 If a motion for reconsideration has been timely filed by an aggrieved
motu propio or at the recommendation of the IBP Board of Governors, party. the IBP must first resolve the same prior to elevating to this Court the
suspend an attorney from practice of his profession, for any of the subject resolution together with the whole record of the case:
 LEGAL AND JUDICIAL ETHICS I
San Bede law-ROCT Bar Operatons Center
BEDAN RED BOOK
Volume S J Soros of 2020/21

2 If no motion for reconsideration has been filed within the period provided Ct: Who may reinstate a lawyer?
for, the IBP is directed to forthwith transmit to this Court for final action, the ANS: The Supreme Court has the power to promulgate rules concerning the protection
subject resolution together with the whole record of the case: and and enforcement of constitutional rights, pleading, practice, and procedure in all courts,
3. A party desiring to appeal from the resolution of the IBP may file a petition the admission to the practice of law, the integrated bar, and legal assistance to the
for review before this Court within 15 days from notice of said resolution underprivileged (CONST. Art. V111. Sec 5, Par. 5)
sought to be reviewed (Ramientas v. Reya/a, A. C. No. 7055 (Resolution),
July 31. 2006.) LAWYERS WHO HAVE BEEN SUSPENDED
CI: What are the guidelines to be observed in lifting an order of suspension of a
DISCIPLINE OF FILIPINO LAWYERS WHO PRACTICE IN FOREIGN JURISDICTIONS lawyer from the practice of law?
Q: When a Filipino lawyer is disbarred in a foreign jurisdiction, is he automatically ANS: The following should be observed in lifting an order of suspension o: a lawyer
disbarred in the Philippines? from the practice of law:
ANS: No Under Section 27. Rule 138 of the Rules of Court, the acts which led to his 1. After a finding that respondent lawyer must be suspended from the oractice
suspension are mere grounds for disbarment or suspension in this jurisdiction, at that of law, the Court shall render a decision imposing me penaity:
only if Pie basis of the foreign courts action includes any of the grounds for disbarment 2 Unless the Court explicitly states that the decision is immediately executory
or suspension in this jurisdiction. The judgment of the foreign court only constitutes upon receipt thereof, respondent has 15 days within which to file a motion
prima facie evidence of the lawywi:smnettliCal-acts,, More fundamentally, due process for reconsideration. The de.gialfof
,. said motion shall render the decision final
demands that he be given theakportunfty defencrtiimself and to present testimonial and executory;
and documentary evidence. on,file matter .)n\án/nv,e igation to be conducted in 3 Upon the expiration oflie*tiod of suspension, respondent shall file a
accordance with Rule 139-13 of; th .RevitarReles, Criurt'(/4e: Suspension from the Sworn Statement wit , Jf., through the Office of the Bar Confidant.
practice of law in the'ten-iton uam ofAgy. Leon 'Ma em\B.M. No. 793, July 30, stating therein that he r desisted from e practice of law and has
2004). not appeared in any e•.! r her suspension:
4. Copies of the S Staterftep shall to the Local Chapter of
SANCTIONS the IBP an • e Executivepudge of the a. where respondent has
Q: What is the rule, art the imposition of penalties-against g I wyers? pending ° gandied byWrifOr her, and/or where 'he or she has appeared
ANS: The following,are the guidelines on the imposition of p41attlsagainst an erring as counsel; . ,
lawyer, by the SC division, or by en 15anc. 5 The Sworn 5t4trent shal9iDe considerep proof of respondent's
co '-grice wittitheOrderkof stipension; and'
DIVISION EN BANC 6 Anyjding"*.eport _contrary pi the state nts ade ky the lawyer under
rti 411e,
oafil1ho1rte a grountbfor thOt,tzspositio ert punishment, or
Penalty of distiarment,iias may be Warranted (Maniago ' os A C No. 7472
Suspension ! March 30,2010).
:;'---- 7
,1
Penalty of Fine P10,000 or 10 P10,000f o more Q: When is indefinite epsion termiif
, ''.... '.' '‘,.: ANS: The duration of ensionyi,jould r himself, depending on his
Penalty of lif, th .,„sus sioni—deee'not ,If tneoSuspension exceeds one
own repentance. At an (lime aaq the suspension becomes effective, the lawyer may
Suspension and exceed one yearA of, th,e,fioe',1`yreaf or the fine exceeds
prove to the Court thatt*E!, isJ3rice again fit to resume the practice of law an Re.
Fine does 'fibtXceed Pf0,0-00 ,e-11 )10,000
Almacen, G R. No. L-27654r ehruary 19, 1970)
Penalty of Two or Service will be successive, not simultaneous.
more Suspensions LAWYERS WHO HAVE BEEN DISBARRED
0: When may a disbarred lawyer be reinstated?
(investment and Management Services Corp v Roxas. A.C. No. 1417, Apri117, 1996).
ANS: The sole object of the Court upon an application for reinstatement to practice. by
one previously disbarred, is to determine whether or not the applicant has satisfied and
D..READMISS1ON TO THE BAR convinced the Court by positive evidence that the effort he has made toward the
Q: When the privilege to practice law has been lost, may it once again be rehabilitation of his character has been successful, and, therefore, he is entitled to be re-
restored'? admitted to a profession which is intrinsically an office of trust (In Re.. Ruslana, A.G. No
ANS; Yes There is no irretrievable finality as far as admission to the bar is concerned. 270 (Resolution). March 29, 1974).
So, it is likewise as to loss of membership What must ever be borne in mind is that
membership in the bar, is a privilege burdened with conditions. Failure to abide by any 0: What are the criteria to be considered in reinstating a lawyer?
of theta entails the loss of such privilege if the gravity thereof warrants such drastic ANS: Below are the criteria to be considered in reinstating a lawyer:
move. Thereafter a sufficient time having elapsed and after actuations evidencing that 1. Appreciation of the significance of his dereliction,
there was due contrition on the part of the transgressor, he may once again be 2. Assurance to the court that he now possesses the requisite probity and
Integrity necessary to guarantee his worthiness to be restored to the
considered for the restoration of such a privilege (In Re: Edition, A.C. No.1928,
December 19, 1980), practice of law:
 LEGAL AND JUDICIAL ETHICS I
San Bede Law-RGC1 Bar Operators Center
I BEDAN RED BOOK
Volume II , Se-es of 2020 21

3 Time elapsed between disbarment and application for reinstatement; E. MANDATORk CONTINUING LEGAMENCAtiONe,
4 Good conduct and honorable dealing subsequent to his disbarment;
5 Active involvement in civil, educational, and religious organizations; Q: What is the purpose of MCLE?
6 Favorable indorsement of IBP as well as local government officials and ANS: Continuing legal education is required of members of the Integrated Bar of the
citizens of his community; and Philippines to ensure that throughout their career, they keep abreast with law and
7 Pleas of his mother and wife for the sake and fortune of his family (Tan v. jurisprudence, maintain the ethics of the profession and enhance the standards of the
Sabandal, B.M. No, 44, February 10, 1989), practice of law (B.M. 850, RULE 1, Sec. 1).
Q: What are the requirements of MCLE?
Q: What is the effect of an absolute pardon to the lawyer's disbarment?
ANS: Members of the iBP not exempt Under Rule 7 shall complete every three (3)
ANS: An absolute pardon reaches both the punishment prescribed for the offense and
years at least thirty-six (36) hours of continuing legal education activities approved by
the guilt of the offender; and when the pardon is full, it releases the punishment and
the MCLE Committee Of the 36 hours:
blots out of existence the guilt, so that in the eye of the law the offender is as innocent
1. At least six (6) hours shall be devoted to legal ethics;
as if he had never committed the offense. If granted after conviction, it removes the
2. At least four (4) hours shall be devoted to trial and pretrial skills;
penalties and disabilities, and restores him to all his civil rights; it makes him, as it were,
3. At least five (5) hours shall be devoted to alternative dispute resolution;
a new man. and gives him a new credit and capacity (In re: Lontok, April 7, 1922).
4. At least nine (9) hours shall be devoted to updates on substantive and
,. • - - • .
procedural laws, and jurispet. ce;
Q: What is the effect of a conditional pardon to the.tawyer's disbarment?
5 At least four (4) hours shOlte voted to legal writing and oral advocacy;
ANS: If the pardon granted:wakonditienal, revonde ust be judged upon the fact
6. At least two (2) hours sãl e. voted to international law and international
of his conviction, without ¶garcitklbe.par,dOn" ,4! Any es' defense. The degree of
the profession (In Re: conventions; and
moral turpitude involyed is s'ucladlo justify his bet
7. The remaining six (6) hoj,Q be devoted to such subjects as may be
Disbarment Proceedings,agaln_,a,LAtty. C.;utierrez, A. 9. .L-36 July 31, 1962). But
where proceedings to disbar in attorney ere-founded, or4hp !(!ftofessional misconduct
prescribed by the MCLE C,Ogg w, Rule Z Sec. 2)
involved in a transactiorl,which has culminated in a convictio'nk cif felony, it has been held Q: What are the general compliance pr edures of MCLE2(CR)
that while the effect of the pardon is to relieve him of the penal, consequences of his act, ANS: The Rules on Mandatory Contineind Legal Educationtiebvides that each member
it does not ooerate es a bar foltre—di§ba-riilerif prika-Oings. inismuch as the criminal must
acts may nevertheless constitute proof that the attorney does not possess a good moral 1. Secure fronitheeCLE Commee a Compile* Card before the end of his
character and is not a fit or Proper person to retain his licenSe, te-p ctice law (In re. compliance pelibd.-RHe shall c ,plete the ceid by attesting under oath that
Lontok. April 7. 1922). he has complied with th'e e tion requirement or that he is exempt,
specifying the 'nature of the mptionSeela,e0empliance Card must be
LAWYERS WHO HAVE BEEN REPATRIATED returned to the address indiaa therein 6614:41:4011e day after the end
Q: What are the conditions to be complied with, by the lawyerlor resumption of of the member's compliaribe p d (B.m. No. 850, Rule 11, Sec. 1): and
practice of law after reacquisition Of citizenship? (UP,46-0) 2 Maintain sufficient Record of mpliance or exemption, copy furnished the
ANS: The felIcwinTare the ^J,òeditions
- for him to resettle the practice of law: MCLE Committee The recor to be provided to the members by
I The Updating apdparnentin kill of the annual Membership dues in the IBP: the provider pursuant to Sect,. R „should be sufficient record of
2. The payment etPrOfeSsional tax; attendance at a participatory ac recoril of non-participatory activity
3 The completion `of..est, least 36 credit huup-Cif Mandatory Continuing Legal shall also be 'maintained by the member, as referred to in Section 3 of Rule
Education (MCLE) whicteAs espetially significant to refresh the 5 (B.M. No. 8519ipide 11, Sec. 2).
applicant/petitioners knowledge of Philippine laws and update him of legal Q: What constitutes non-compliance with MCLE? (CA-SEA)
developments and ANS: The following constitutes non-compliance with MOLE:
4. The retaking of the lawyer's Oath which will not only remind him of his duties 1 Failure to Complete the education requirement within the compliance period:
and responsibilities as a lawyer and as an officer of the Court. but also 2 Failure to provide Attestation of compliance or exemption;
renew his pledge to maintain allegiance to the Republic of the Philippines 3. Failure to provide Satisfactory evidence of compliance (including evidence
(Petition for Leave to Resume Practice of Law, Benjamin M. Dacanay. B.M. of exempt status) within the prescribed period;
No. 1678, December 17, 2007). 4. Failure to satisfy the Education requirement and furnish evidence of such
compliance within sixty (60) days from receipt of a non-compliance notice,
Q: When may a lawyer who lost Philippine citizenship be allowed to practice law and
in the Philippines? 5. Any other act or omission Analogous to any of the foregoing or intended to
ANS: Those intending to practice their profession in the Philippines shall apply with the circumvent or evade compliance with the MCLE requirements (B.M. No.
proper authority for a license or permit to engage in such practice (R.A. No. 9225, 850, Rule 12. Sec. 1).
otherwise known as "CITIZENSHIP RETENTION AND RE-ACQUISITION ACT OF
2003; Sec 5(4)) Q: Who are the persons exempt from the MOLE requirement?
(PSJ-CSG-000-0ChaM-NR)
ANS: The following are exempt from the MCL-E requirement:
1. The President and the Vice President of the Philippines, and the Secretanes
and Undersecretaries of Executive Departments:
 2
LEGAL AN2r,J89,p19,12 ,L.Opera
ET.HIC
Senators and Members of the House of Representatives,
Center
I BEDAN RED BOOK
F. NOTARIAL PRA-01164%
3 The Chief Justice and Associate Justices of the Supreme Court. incumbent
and retired members of the judiciary, incumbent members of the Judicial
and Bar Council and incumbent court lawyers covered by the Philippine
Judicial Academy program of continuing judicial education;
4, The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries
of the Department of Justice;
5, The Solicitor General and the Assistant Solicitors General;
6 The Government Corporate Counsel, Deputy and Assistant Government
Corporate Counsel:
7. The Chairmen and Members of the Constitutional Commissions:
8. The Ombudsman, the Overall Deputy Ombudsman, the Deputy
Ombudsmen and the Special Prosecutor of the Office of the Ombudsman:.
9. Heads of government agencies exercising Quasi-judicial functions:
10 Incumbent Deans, bar reviewers and professors of law who have teaching
experience for at least 10,,years.insaccredited law schools.
1i The Chancellor. yice=Chancellor and7rnembers of the Corps of Professors
and Professoriat Lecturers of the Philippine judicial Academy;
12 Governors and Mayors (B.A./L:No:,..85,q, Rule 7, Sac.. 1):
13 Those who are Not.in•lw practice, pnvate,or publicand
14 Those who have'Retired -froni-Zw-practide, With the, approval of the iBP
Board'olGovemor;-(a.m. No. 850, RULE 7, Sec..2).
Q: What are the consequences of non-compliance with the MCLE,'? (FD)
ANS: The followiLigAre the donsequences ofTic5n-compliance‘dvith tbei MCLE:
1 A member who, for whateVer reason, is in rion-corn,Pliancq at the end of the
compj.ipride period shall pay a nod-compliance Fee'-fafvf, No. 850, RULE
13.. Sec. .f). „:.
2_ Any member (iithci, fails to satisfactorily comply %A9ilisSection 2 of Rule 12
shall be listed aS:a.Detipquent member by the lBla'y Board of Governors upon
the recommendation of;the MCLE Committee, in'which,dase Rule 139-A of
the Rules of Court ShafrAPply,AM.No ,850, Rale 13, Sec_ 2).
Q: What would happen if 4,0Fackcing laviyerfailsio indicate in his pleadings, the
--
number and date of iSsue'othis,MCI,E=Gertiffeatevf,Compliance or Exemption?
ANS: B.M. No. 1922, as -amended, reqUirep kiCtiging;Members of the bar to indicate
in ail pleadings filed before the'c.ourts or, quasi joiarbodies, the number and date of
issue of their MCLE Certificate of COMplfaff67or Certificate of Exemption, as may be
applicable, for the immediately preceding compliance period_ Failure to disclose the
required information would subject the counsel to appropriate penalty and disciplinary
action (OCA CIRCULAR No. 79-2014).
Q: What are the prescribed penalties for non-disclosure of current MCLE
compliance or exemption? (F02)
ANS: The following are the penalties prescribed for non-disclosure of MOLE
compliance or exemption:
1. The lawyer shall be imposed a Fine of P2,000,00 for the first offense,
P3.000.00 for the second offense and P4,000.00 for the third offense;
2. in addition to the fine, counsel may be listed as a Delinquent member of the
Bar pursuant to Section 2, Rule 13 of Bar Matter No. 850 and its
implementing rules and regulations; and
3. The non-compliant lawyer shall be Discharged from the case and the
client's shall be allowed to secure the services of a new counsel with the
concomitant right to demand the return of fees already paid to the non-
compliant lawyer (OCA CIRCULAR No 79-2014).
Volume iii Ser.es or 2020/21
<CI
Q: What are the qualifications of a notary public? (CARGO)
ANS: The following are the qualifications of a notary public.
1. Must be a Citizen of the Philippines;
2. Must be over 21 years of Age.
3. Must be a Resident in the Philippines for at least 1 year and maintains a
regular place of work or business in the city or province where the
commission is to be issued;
4. Must be a member of the Philippine Bar in Good standing with clearances
from the Office of the Bar Confidant of the Supreme Court and the IBP: and
5. Must not have•been Convicted in the first instance of any crime involving
moral turpitude (A.M. No. 02-8-13-SC. Rule ill, Sec. 1),
CI: When may a Municipal Trial Court Judge perform notarial acts?
ANS: MTC and MCTC judges assigned to municipalities or circuits with no lawyers or
notaries public may, in the capacity as. notaries public ex officio, perform any act within
the competency of a regular notary public, provided that:
1. All notarial fees charged be for;the account of the Government and turned
over to the municipal treasureroand
2 Certification be made in the,notarized,documents Attesting to the lack of any
lawyer or notary public in such municipality or circuit
MTC and MCTC judges may act as notaries public ex officio in the notarization of
documents connected Only with the exercise of their offidial functions and duties
(SUPREME COURT CIRCULAR 1-90)'
0: What are the limitations whenever MTC and MCTC judges act as notaries
public ex officio?
ANS: T'^ey may not as notaries public;bx officio.. undertake the preparation and
acknowledgment of priva!e docurrie contracts an other Of Conveyances which
bear no direct relation to the perfofrna rice of their functions as judges (SUPREME
COURT CIRCULAR 4-90)
Ct: What is the term of office,of a notary:PVC?\,
ANS: A person commtiskined akinotaniabliEirtaizperYorm notarial acts in any place
within the territorial jurddjction of the commissioning court for a period of two (2) years
commencing the first daYsif January of the year in which the commissioning is made.
unless earlier revoked or tfiZ'Wotary public has resigned under these Rules and the
Rules of Court (A M No. 02-8-13-SC, RULE III, Sec. 11).
Q: What are the powers of a notary public? (NoCeS)
ANS: A notary public is empowered to perform the following:
1. Notarial acts, such as (JACOSA)
a. Jurat;
b. Acknowledgment:
c. Copy certification:
d. Oaths and affirmation;
e. Signature witnessing; and
A Any other act authorized by these Rules,
2. A notary public is authorized to Certify the affixing of a signature by thumb
or other mark on an instrument or document presented for notarization if.
a. the thumb or other mark is affixed in the presence of the notary public
and of two (2) disinterested and unaffected witnesses to the instrument
or document,
b. both witnesses sign their own names in addition to the thumb or other
mark:
 LEGAL AND JUDICIAL ETHICS
San BePa Law RGCT Bar Operations Center I
BEDAN RED BOOK
Volume II Series of 2020/21

c the notary public writes below the thumb or other mark; "Thumb or Other notary public in a province shall be co-extensive with the province. The jurisdiction of a
Mark affixed by (name of signatory by mark) in the presence of (names notary public in the City of Manila shall be co-extensive with said city. No notary shall
and addresses of witnesses) and undersigned notary public"; and possess authority to do any notarial act beyond the limits of his jurisdiction (REV. ADM.
d the notary public notarizes the signature by thumb or other mark through CODE. Section 240).
an acknowledgment, jurat. or signature witnessing.
3 A notary public is authorized to Sign on behalf of a person who is physically Q: When can a notary public perform notarial acts outside his regular place of
unable to sign or make a mark on an instrument or document if: business? (OAHA)
a. the notary public is directed by the person unable to sign or make a ANS: On certain exceptional occasions or situations, notarial act may be performed at
mark to sign on his behalf: the request of the parties in the following sites located within his territorial jurisdiction:
b the signature of the notary public is affixed in the presence of two 1. Public Offices. convention halls and similar places where oaths of office may
disinterested and unaffected witnesses to the instrument or document; be administered;
o both witnesses sign their own names; 2 Public function Areas in hotels and similar places for the signing of
d. the notary public writes below his signature: "Signature affixed by notary instruments or documents requiring notarization;
in presence of (names and addresses of person and two [21 witnesses)"; 3. Hospitals and medical institutions where a party to the instrument or
and document is confined for treatment; and
e the notary public notarizes his signature by acknowledgment or jurat 4. Any place where a party the instrument or document requiring
(A.M. No. 02-87.18ta RULE IV, S'eCt4) notarization is under dete A M. No. 02-8-13-SC, RULE IV, Sec. 2, Par.
(a)).
Q: When is a notary pulittc-prohibitell,to perform a notaital act? (OS)
ANS: Notaries publiceannet p"#orrii notarial acts' I. Q: Who can revoke a notary's n mission?
1 Outside'hiS,reguiar place„orbusiness. Otherwfie:' lie, is bereft of power to ANS: A notarial commission may followi
perforbmarOOtariaract (Guerrero _v. Bitu'SttG. .'No.-174144, April 17,2007); 1 The Executive Jud 9 of the, o issued the commission
or / I (AM. No. 02-84 C, RULE V, Sec. 1, Par )
2. If the person invoqied as Signatory to the i trum triardipument: (Prefq 2. The Supre ua may yoke such Comrgi n in the exercise of its
a ls- nqf in the—notarys- Presence rsonaltyl at ithe time of the general Su ry powe r lawyers (A.M/Ii 02-8-13-SC, RULE XI,
•-•
notarization: and , Sec 1, Pa
b. Is nof personally Known to the notary/public trottireise identified by
tt notarrptiklio through competent Ol,idencelof idelity (A.M. No. 02- Q: How is the iarial. d?
843-SC, RULE1V,- Sec72 ANS: The ropno jjj ratIve proceedings
against a notary public propnate sanctions on the
Q: When is a notary pirblic disqualified to perform -a notarial acq(PReS)
grounds mentione i R ce (A M No 0S -13-SC, RULE XI, Sec.
ANS: A notary public islisqualifie,d from performing, a notfial act ifitie: 1, Par. (d)). 5.
1. Is a Pacty to the,knstrument or ournent
2. Will Receive, as a, direct or indirect ,reatilj" .commiSsion, fee, advantage, Q: What are grounds for the revo, ogvogo i osition of administrative
right, title),„interest., cashLproperty,- consideration, except as
sanctions upon a not*public SIVIR-PPAD)
provided by Itie.sefiJles and:fry-Ow; or '
ANS: The executive leige Val revoke a commission of, or impose appropnate
3 Is a apouse, dortron-law P' artner, ariCa,K, descendant, or relative by administrative sanctions "ny notary public who:
affinity or consanguihity-of„the principarWithin the fourth civil degree (A.M.
1. Fails to Keep a tanal register;
No 02-8-13-SC, Rule IV. Sec. 3)
2. Fails to make proper Entry or entries in his notarial register concerning his
Q: What is a notarial register? notarial acts;
ANS: A notarial register refers to a permanently bound book with numbered pages 3. Fails to send the copy of the entries to the Executive Judge within the first
containing a chronological record of notarial acts performed by a notary public (A.M. No ten C_1(1) days of the month following:
02-8-13-SC, RULE If, Sec 5), 4. Falls to Affix to acknowledgments the date of expiration of his commission
5. Fails to qubmit his notarial register, when filled, to the Executive Judge,
Q: Who are required to sign or affix a thumbmark on the notarial register? (PCW) 6 Fails to Make his report, within a reasonable time, to the Executive Judge
ANS: At the time of notarization, the notary's notarial register shall be signed or a concerning the performance of his duties, as may be required by the judge
thumb or other mark affixed by each- 7. Fails to Require the presence of a principal at the time of the notarial act.
1 Principal; 8_ Fails to identify a Principal on the basis of personal knowledge or competent
2. Credible witness swearing or affirming to the identity of a pnncipal; and evidence;
3 Witness to a signature by thumb or other mark, or to a signing by the notary 9. Executes a Ealse or incomplete certificate under Section 5, Rule IV;
public on behalf of a person physically unable to sign (A.M No. 02-8-13-SC, 10. Knowingly performs or fails to perform Any other act prohibited or mandated
RULE VI, Sec. 3). by these Rules; or
11. Commits any other Dereliction or act which in the judgment of the Executive
0: What is the extent of the jurisdiction of a notary public? Judge constitutes good cause for revocation of commission or imposition of
ANS: The jurisdiction of a notary public is any place within the territorial jurisdiction of administrative sanction (A.M. No. 02-8-13-SC, Rule XI. Sec 1).
the commissioning court. (A M. No. 02-8-13-SC, RULE 3. Sec 11). The jurisdiction of a
 LEGAL AND JUDICIAL ETHICS I
San Beda Law RGCT Bar Operations Center

Q: What constitutes competent evidence of identity?

BEDAN RED BOOK
Volume ll 1 Senes of 2020/21

POWERS AND DUTIES OF COURT AND JUDICIAL OFFICERS

KCI
ANS: The phrase "competent evidence of identity" refers to the identification of an Q: What are the inherent powers of courts? (PEC3-A3)
individual based on: ANS: Every court shall have power:
1 At least one current identification document issued by an official agency 1 To Preserve and enforce order in its immediate presence,
bearing the photograph and signature of the individual; or 2 To Enforce order in proceedings before a person or persons empowered to
2. The oath or affirmation of one credible witness not privy to the instrument. conduct a judicial investigation under its authority,
document or transaction who is personally known to the notary public and 3. To Compel obedience to its judgments, orders and processes, and to the
who personally knows the individual, or of two credible witnesses neither of lawful order of judge out of court, in a case pending therein:
whom is privy to the instrument, document or transaction who each 4 To Control, in furtherance of justice, the conduct of its ministerial officers,
personally knows the individual and shows to the notary public documentary
and of all other persons in any manner connected with a case before it in
identification (A.M. No. 02-8-13-SC, Rule II, Sec. 12).
every manner appertaining thereto;
5. To Compel the attendance of persons to testify in a case pending therein;
Q: What are the punishable acts under Rules on Notarial Practice? 6 To Administer or cause to be administered oaths in a case pending therein,
ANS: The Executive Judge shall cause the prosecution of any person who: and in all other cases where it may be necessary in the exercise of its
'; Knowingly acts or otherwise impersonates a notary public; powers;
2. Knowingly obtains, conceals,defacea, or destroys the seal, notarial register. 7 To Amend and control ts iroceSs and orders so as to make them
or official records of.a"hotary.publicNor7' conformable to law and.' and
3. Knowingly solicits, di rces, or in' any yvaY'influences a notary public to 8. To Authorize copy of i tor stroyed pleading or other paper to be filed
commit official Miscondoct (A-MAVO, b2-84-S , ule XII, Sec. 1). and used instead of tirollgi nand to restore, and supply deficiencies in
its records and proceen R1ifES OF COURT Rule 135, Sec. 5)
G. DUTIES OF LAWYERS UNDER PROVISIONS Si.OF ,.,,t
COURT , DISQUALIFICATION OF JUDNIAtr OFFICE /INN
JUDGMENTS, FINAL ORDERS AND ENTRY, OF JUDGMENTS , r ‘. Q: What are the differe, ces betweej4i ivalificatlon and inhibition'
1, ANS: The following ar ifferenç 1 ween disqualificartionand inhibition
0: What is the duty of the Courkin the rendition.of jUdgme t-anti final orders?
ANS: A judgment or final order determining the -merits of theq§0) ihall be in writing DISQUALIFICATION INHIBITION
personally and directly orepared by the judge, stating Clearly and distinctly the facts and
the law on which it is based, signed by hirrtrand filed With'the
..,,, ae,rk,ofthe court (RULES As to the ules enumerat d the spedi T re are no enumerated ,
OF COURT, Rule 36, Sec 1) grounds xoltisivp gVnds
ny judge oliklicial off
Q: What is the duty of a-lawyer in.entry of judgments and final orders? Ualified from eing as such
ANS: A lawyer has the duty.to file an appeal or 'Motion for'new tripi or recommendation
within the time provided in 'these Rules, othe_rwise,_.ttie..judgment or final order shall As to the The judicial offi no The judge may exercise his
application of didretion to try,or
forthwith be entered by the cleft( in the ,lOpokoof'entries'of,
., 'judgments (RULES OF ..i. si t 'eund discretion whether to I
judicial discretion ry the case or not
COURT. Rule 36. Sec. 2)
(RULES OF COURT, RULE.13
CONTEMPT
WITHDRAWAL FROM CASE
Q: What is the penalty for unauthorized practice of law?
ANS: The act of pretending or assuming to be an attorney or an officer of the court and 0: When may a lawyer withdraw from a case?
acting as such without authority is punishable with indirect contempt of court (RULES ANS: An attorney may retire at any time from any action or special proceeding, by the
OF COURT, Rule 71, Sec. 3, Par. (e)). written consent of his client filed in court. He may also retire at any time from an action
or special proceeding, without the consent of his client, should the court, on notice to the
ARRAIGNMENT AND PLEA client and attorney, and on hearing, determine that he ought to be allowed to retire. In
case of substitution, the name of the attorney newly employed shall be entered on the
Q: What is the duty of the court to inform accused of his right to counsel? docket of the court in place of the former one, and written notice of the change shall be
ANS: Before arraignment, the court shall inform the accused of his right to counsel and given to the adverse party (RULES OF COURT, RULE 138, Sec. 26, Par 1)
ask him if he desires to have one. Unless the accused is allowed to defend himself in
person or has employed counsel of his choice, the court must assign a counsel de STANDING IN COURT OF PERSONS AUTHORIZED TO APPEAR FOR THE
officio to defend him (RULES OF COURT, Rule /16, Sec. 6), GOVERNMENT

ATTORNEY-CLIENT PRIVILEGE Q: What are the rights of persons authorized to appear for-the government?
ANS: Any official or other person appointed or designated in accordance with law to
(See full rirscussion under Canon 15, page 908). appear for the Government of the Philippines shall have all the rights of a duly
an
authorized member of the bar to appear in any case in which said government has
interest direct or indirect (RULES OF COURT, Rule 138, Sec. 33).
 LEGAL AND
San
JUDICIAL ETHICS
LETHIp tec
p5pAtI20! ED BOOK
Judicial Conducr, was promulgated under A.M. No. 89-9-009-SC. Once the SC
<CI
GOVERNMENT LAWYERS AND PRIVATE PRACTICE
resolved to unanimously accept and approve said Code, all judges were required to
Q: What is the prohibition of the private practice of law of government lawyers? strictly comply with the Code of Judicial Conduct. The Code took effect on October 20,
ANS: No judge or other official or employee of the superior courts or of the Office of the 1989 (CODE OF JUDICIAL CONDUCT). It was superseded by the New Code of Judicial
Solicitor General, shall engage in private practice as a member of the bar or give Conduct. However. the Code of Judicial Conduct shall be applicable in a suppletory
professional advice to clients (RULES OF COURT, Rule 138, Sec. 35) character (A.M. No 03-05-01-SC).
AM1CUS CURIAE
B. QUALITIES
Q: What is the duty of a lawyer as amicus curiae?
ANS: The duty of an experienced and impartial lawyer invited by the Court to appear as Q: What qualities should the judge possess under the New Code of Judicial
amicus curiae is to help in the disposition of issues submitted to it (RULES OF COURT, Conduct for the Philippine Judiciary? (I3PECD)
Rule 138, Sec. 36). ANS: The qualities which an ideal judge must possess are the following:
1. Canon 1. Independence;
2. Canon 2 Integrity;
II. JUDICIAL ETHICS 3. Canon 3. Impartiality,
4. Canon 4. Propriety;
5. Canon 5 Equality; and
A. SOURCES 6. Canon 6. Competence 15 ence (A.M. No. 03-05-01-SC).
Q: What are the souroes'of judialal ethics?,(NC`RJ'S)
ANS: The sources of judicial ethicslre: Q: What are the aspects of judicla dence?
1 New Code of Juditial Conduct for lhe Philippine Judiciary (AM No 03-05- ANS: The aspects of judicial indep are individual udicial independence and
01-SC), < institutional judicial independence. nd dence focuses on each
1 particular judge and seeks1,41isure h de cases with autonomy
2 Code of Judicial conduct (1989), „
Canons of Judicial Ethics (Administrative OrdeNo 762 dated August 1, Within the constraints oWielaw. On t er hand, instituf I judicial independence
1946 ofttre Department of:Justice). — focuses on the indepe n9e of the- ry as a branch p vemment and protects
4. Code of Professional Responsibility; judges as a class (in The Allege ion ontained In thh . olumns of Mr. Amado P.
5. Article VA of the Constitution; Macasaet Published "Sala Jated Sep ber 18, 19, 2b and 1, 2007, AM No. 07-
t
6 RulesiSi qourt; 09-13-SC. Augpt.48. 2008).:T
• •
7 Articles,2* 205, 29§-and 207 of the Revised Penal,Code‘
•-- f Q: Under the code udiokal Con Orelthose considered
8. Judicial and Bar Cbuhcil Rules;
as the Judge'efamilylrk,4
9. Jurisprudence: and-
10. Supreme CotittAdrhipistr'ative issuances.
7 •
ANS: The JudgIts,plaVyticludes? a ge's spouse, son, daughter, son-in-law,
daughter-in-law, anOiiy other relative b nsanguinity or affinity within the sixth civil
degree, or person whojs a mpanion o e of the judge and who lives in the
NEW CODE OF JUDICIAL C0f4DUCT.fOR THE PHILIP.4 JUDICIARY
judge's household (A.M'' 0 -05-01-S
Q: What is the purpost thtria5loption ,of.the-Bangalore "raft?
ANS: The Bangalore DrAft,,Was intended to e-lhe‘,4/ ersal Declaration of Judicial Q: What are the concektssof ifhtTartiality?
Standards applicable in all Atiereries. The -ado'plio of the universal declaration of ANS: The concepts of i ,gj jty are impartiality with respect to the decision itself and
standards for ethical conduct of judgel-ehttbaTed in the Bangalore Draft as revised at impartiality with process by which the decision is made (Edatio v Asdala. A M. No RTJ-
the Round Table Conference of Chief Justices at The Hague is imperative not only to 06-1974, July 26, 2007),
update and correlate the Code of Judicial Conduct and the Canons of Judicial Ethics
adopted for the Philippines, but also to stress the Philippines' solidarity with the CI: How would you characterize the relationship between a judge and a lawyer?
universal clamor for a universal code of judicial ethics (A.M. No. 03-05-01-SC). ANS: A judge should be patient, attentive and courteous to lawyers, especially the
inexperienced (CODE OF JUDICIAL CONDUCT, Rule 3.04) while lawyers shall observe
CI What is the legal implication of the adoption of the New Code of Judicial and maintain the respect due to the courts and judicial officers and should insist on
Conduct with respect to the other sources of judicial ethics? similar conduct by others (CPR, Canon 11).
ANS: The New Code of Judicial Conduct supersedes the Canons of Judicial Ethics and
the Code of Judicial Conduct to the extent that the provisions or concepts therein are Q: What activities may the judges perform? (WAO)
embodied in the Code. In case of deficiency or absence of specific .provisions in the ANS: Subject to the proper performance of judicial duties, judges may.
Code, the Canons of Judicial Ethics and the Code of Judicial Conduct should be 1. Write, lecture, teach and participate in activities concerning the law, the
applicable in a suppletory character (A.M. No. 03-05-01-SC, Definitions). legal system, the administration of justice or related matters:
2. appear at a public hearing before an official body concerned with matters
CODE OF JUDICIAL CONDUCT relating to the law, the legal system, the administration of justice or related
matters; and
Q: What is the Code of Judicial Conduct? 3. Engage in 2ther activities if such activities do not detract from the dignity of
ANS: This Code was drafted by the Committee on the Code of Judicial Conduct under the judicial office or otherwise interfere with the performance of judicial
The chairmanship of Justice Irene Cortes on August 25. 1989 titled 'Proposed Code of duties (A.M. No, 03-05-01-SC, Canon 4, Sec, 10),
 B ,cB: ETFit
SariJUDICIAL
LEGAL AND , Center
Q. Under the New Code of Judicial Conduct, what are the rules relating to the
BEDAN RED BOOK
Volurre ii i series of 2020/21

C. ADMINISTRATNEJURISDICTION OF THE SUPREME COURT

111
receipt of judges of gifts, bequests, or loans?
ANS; Judges and members of their families shall neither ask for, nor accept, any gift, 0: What is the basis of the Supreme Court's authority to discipline judges and
bequest, loan or favor in relation to anything done or to be done or omitted to be done justices?
f..)y him or her in connection with the performance of judicial duties (A.M. No. 03-05-01- ANS: The 1987 Constitution provides that the Supreme Court shall have administrative
SC Canon 4 Sec. 13) Judges shall not knowingly permit court staff or others subject to supervision over all courts and the personnel thereof (CONST Art VIII, Sec 6)
their influence direction or authority, to ask for, or accept,. any gift, bequest, loan or
favor in relation to anything done or to be done or omitted to be done in connection with Q: How may the Supreme Court, in the exercise of its administrative jurisdiction,
their duties or functions (A.M. No. 03-05-01-SC. Canon 4, Sec 14) impose disciplinary sanctions against judges and court personnel?
ANS: The Supreme Court en banc shall have the power to discipline judges of lower
Q: Under the New Code of Judicial Conduct, when may judges receive gifts, courts, or order their dismissal by a vote of a majority of the Members who actually took
bequests, or loans? Dart in the deliberations on the issues in the case and voted thereon (CONS 7,. Art. VIII.
ANS: As an exception, subject to law and to any legal requirements of public Sec. 11) This grant empowers the SC to oversee the judges' and court personnel's
disclosure, judges may receive a token gift, award or benefit as appropriate to the administrative compliance with all laws, rules, and regulations, and to take
occasion on which it is made, provided that such gift, award or benefit might not administrative actions against them if they violate these legal norms (Office of the Court
reasonably be perceived as intended„,to—influence the judge in the performance of Administrator v. Ruiz, A.M. No. RTJ-13-2 1, February 2, 2016).
judicial duties or otherwise give,rige to an appparance,of partiality (A M. No. 03-05-01-
SC Canon 4, Sec. 15) ' ' 0: Who shall investigate the co
, ANS! Upon the filing of the respe mment, or upon the expiration of the time
07 Under the Anti-Graft andCern-upt Practicea'Ac,t, hat :are the rules relating to for filing the same and unless o gs or documents are required, the Court
the receipt of judges eitgittS ocattier tifateriatben,ihts,?,' shall refer the matter to the Office, f 'nistrat or evaluation, report, and
ANS: The following:aotsec6nOtute corruPt'practices i3pder R.A No\ 3019: recommendation or assign the se
1 Directly or indirectly requeStihg or rec ving a y _sift, present, share, 1. A retired mern,Wr.CO'f the Supr e Court, rndent is a Justice of the
percentage; or benefit, for himself or for an otherberion, 'n connection with Court of Appyars and the,,,,Seq anbayan,
any contract or trianS-a—dtien-beiWeen- tfie Gvernnie , 4 any other party, 2. A Justice okttle„Court of „/XPlie s, if the respon rit la Judge of a Regional
wherein ,ffie public Aber' in his officiarCap city h4s to i rvene under the Trial CourW of*spebiai cou equivalent k;
law: and 3 A Judge'ef theRagional Tri ourt, if the esppnclent is a Judge of an
2 Directly or indirectly requesting or receiving any gift, resent or other inferior courqRULES OF CO r, RULE 14, See: 3)
pecuniary or matenal benefit, for himselkor-for an ttettfr m any person for ?fl
, , in anylnienperAr'.C, ;apaci has Inured or obtained,
whom the Publidbfftcar„
, Q: What are the guidelines,' in re;s0vin quests'IctOW0em' ency to lift the
or wilt secure or Obtain,,'ay Gpvenmeit9ermitibr licerpe, in consideration disqualification from 'a4ritmeht 'to a ublic office4ai4C14d to the dismissal of
for the help given oi-le-te giv eWithititif'prejudice to Section thirteen of this a judge? (PTAP0) .''
Act constitute cetrru,pt.ppcifoes,q1;enyRublipOfficer and are hereby declared ANS: The following are the g:tiidelines in equests for judicial clemency:
to be unlawful (/3.As :301.92othennse.known ais'(Anti-Graft And Corrupt 1. There must be „Proof of re Non. These shall include but
Practices Abt, SeC.)t.
_ should not limitqdc" mats of the officer(s) or
chapter(s) of, the Integrated Bar of the Philippines, judges or judges
0: Under the Anti-Graft and'Cotrupt Practices Act, may a judge accept gifts associations a0pOrninent members of the community with proven integrity
- . and probity. A SbbSequent finding of guilt in an administrative case for the
or other material benefits?
ANS: As an exception, unsolicited gifts or presents of small or insignificant value same or similar misconduct will give rise to a strong presumption of non-
offered or given as a mere ordinary token of gratitude or friendship according to local reformation,
customs or usage, shall be excepted from the provisions of this Act (PA. No. 3019. Sec. 2. Sufficient :Time must have lapsed from the imposition of the penalty to
14). ensure a period of reformation;
3. The Age of the person asking for clemency must Show that he still has
Q: What are the prerequisites to the due performance of judicial office? productive years ahead of him that can be put to good use by giving him a
ANS: Competence and diligence are prerequisites to the due performance of Judicial chance to redeem himself;
office (A M. No 03-05-01-SC, Canon 6) 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
Q: When is there "gross ignorance of the law"? the legal system or administrative and other relevant skills), as well as
ANS: When a law or a rule is basic, judges owe it to their office to simply apply the law. potential for public service: and
Anything less is gross ignorance of the law. There is gross ignorance of the law when an 5. There must be 2ther relevant factors and circumstances that may justify
error committed by the judge was gross or patent, deliberate or malicious. It may also be clemency (Re: Diaz, A.M. No. 07-7-17-SC (Resolution). September 19
committed when a judge ignores, contradicts or fails to apply settled law and 2007).
jurisprudence because of bad faith, fraud, dishonesty or corruption. Gross ignorance of
the law or incompetence cannot be excused by a claim of good faith (Chua Keng Sin v.
Mangente. A.M. No. MTJ-15-1851, February 11. 2015).
El> LEGAL AND

0. DISQUALIFICATION.OF JUDICIAL. 00FICER

JUDICIAL ETHICS I
San Bede Law-RGCT Bar Operations Center

•,6A
BEDAN RED BOOK
Volume il l series of 2020/21

Q: How can an objection on the competency of a judicial officer be made?

ANS: If it be claimed that an official is disqualified from sitting as provided in Section 1
Q: What are the kinds of inhibition? of Rule 137, the party objecting to his competency may, in writing, file with the official his
ANS: The Rules of Court contemplate two kinds of inhibition: compulsory and objection, stating the grounds therefor. and the official shall thereupon proceed with the
voluntary Under the first paragraph of Section 1 of Rule 137 of the Rules of Court. trial, or withdraw therefrom, in accordance with his determination of the question of his
compulsory disqualification conclusively presumes that judges cannot actively and disqualification. His decision shall be forthwith made in writing and filed with the other
impartially sit in the instances mentioned. The second paragraph, which governs papers in the case, but no appeal or stay shall be allowed from, or by reason of, his
voluntary inhibition, gives judges the exclusive prerogative to recuse themselves from decision in favor of his own competency, until after final judgment in the case (RULES
nearing cases for reasons other than those pertaining to their pecuniary interest, OF COURT, Rule 137, Sec. 2).
relation, previous connection, or previous rulings or decisions (Re: Venusto D. Hainoy,
Jr.. IPI No. 17-249-CA-J (Notice), September 5, 2017), Q: What are the grounds for compulsory disqualification under the New Code of
Judicial Conduct? (APEAR-RF)
Q: What are the differences between compulsory inhibition and voluntary ANS: Judges shall disqualify themselves from participating in any proceedings in which
inhibition? they are unable to decide the matter impartially or in which it may appear to a
ANS: They are distinguished as follows: reasonable observer that they are unable to decide the matter impartially Such
COMPULSOR VQI_UNTARY proceedings include, but are not limited to stances where:
1. The judge has Actual ,b.- prejudice concerning a party or personal
1 Compulsory Voluntary knowledge of disputed facts concerning the proceedings.
2. The judge Previously lawyer or was a material witness in the
As to It is ,cbnclusiVejy-pretume 41ijitclggs,thp exclusive prerogative matter in controversy;
Concept that Itidges 'Aennot „Actively Jo _reowet.ptfieriiselves from hearing
3. The judge, or a mem • ly, h Economic interest in the
and inip•Srfiafiy- sit in the cas JOIVeapn.§, other than those
outcome of the ma in
instances mentioned (Re: pertaining to„-- eir 'pecuniary interest,
4. The judge seDiadis execu Administra ii ian, trustee or lawyer in
Venusto D (-lamoy, Jr.; IR relation, previous .. connection. or
the case o atter in con y, or a former a ate of the judge served
No 17-249-CA.J (Notice), .previous rulii\ s or s decisions (Re.
Venusto D. Hag,oy; Jr., /PI No. 17-249- as counsel •tiring their tion, or the jud _lawyer was a material
September 2017).
witness therein ,...',4„,o'
CA-J (Notice) September 5, 2017)
5. The judges ruling-ip.a lower is the Subj t of1ev1pw;
As to the E>clusive to .._ the Just and valid reasonsiother than those 6. Thejudge is Related by atins•fr;!uinity or a l ity to a party litigant within the
Grounds entimeration provided provided in the; figtlaMgraph of Sec 1, soWcivil degree or tolcounsel hin the
7 Th&judge ITRWSI.that *or hstipouse o S tflifiancial interest as
under Sec. '1 'Rule 137 Rule 137
f Velez v. Cote of Appeals, heir, legatee4Creditor, fiduci or ot erwise, n - the subject matter in
aR No -L-24703, July 31 controverSrer ir party to th roceeding, or any other interest that could
1970) be substantially a*- ,ted by t e of the proceedings (A.M. No. 03-
05-01-SC, Canon Sec. 5
As to the Judicial- Officer has no- Judge, \ may exercise his sound
application discretion to try or sit in a dikretioh whether to try the case or not VOLUNTARY
of judicial case. V31..JLE'S' OF COURT, Rule 137, Sec 1.
0: Under Canon 3 of tife'Wew Code of Judicial Conduct, when should judges
discretion - 1'Par. (2)).
disqualify themselves from participating in any proceedings?
ANS: Judges shall disqualify themselves from participating in any proceedings in which
COMPULSORY 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 (A.M. No. 03-
Q: What are the grounds for the compulsory disqualification of judges under the 05-01-SC, Canon 3, Sec. 5).
Rules of Court? (PREP)
ANS. A judge or judicial officer shall be mandatorily disqualified to sit in any case in
Q: How can a judge disqualified under Canon 3, Section 5 of the New Code of
wh ch.
Judicial Conduct participate in the proceeding?
1 He, or his wife or child, is Pecuniarily interested as heir, legatee, creditor or
ANS: A judge disqualified under Canon 3, Section 5 of the New Code of Judicial
otherwise;
Conduct may, instead of withdrawing from the proceeding, disclose on the records the
2. He is Related to either party within the sixth degree of consanguinity or
basis of disqualification, If, based on such disclosure, the parties and lawyers,
affinity, or to counsel within the fourth degree, computed according to the
independently of the judge's participation, all agree in writing that the reason for the
rules of the civil law; inhibition is immaterial or unsubstantial, the judge may then participate in the
3 He has been Executor, administrator, guard-on, trustee or counsel; or proceeding. The agreement, signed by all parties and lawyers, shall be incorporated in
4 He has Presided in any inferior court when his ruling or decision is the
the record of the proceedings (A.M. No. 03-05-01-SC, Canon 3, Sec 6).
subject of review, without the written consent of all parties in interest, signed
by them and entered upon the record (RULES OF COURT, Rule 137, Sec 1)
 SanJUDICIAL
LEGAL AND ETHICS I
BodeLaw-RGCT(BarOperationsCenter INI • BEDAN RED BOOK
of 2020/21
Volume li i Serlee

0: When should the judge exercise his discretion to voluntarily inhibit himself? pertinent jurisprudence (In Re °flyer), A M. OCA /P/ No 11-184-CA-J. January 31,
ANS: A judge may not be legally prohibited from sitting in a litigation. But when 2012).
suggestion is made of record that he might be induced to act in favor of one party or
with bias or prejudice against a litigant arising out of circumstances reasonably capable 0: How are disciplinary proceedings against judges of regular and special courts
of inciting such a state of mind, he should conduct a careful self-examination. He should and justices of the Court of Appeals instituted?
exercise his discretion in a way that the people's faith in the courts of justice is not ANS: Proceedings for the discipline of judges of regular and special courts and
impaired (Chavez v. Marcos, G.R. No. /85484, June 27, 2018). Justices of the Court of Appeals and the Sandiganbayan may be instituted motu proprio
by the Supreme Court or upon a verified complaint, supported by affidavits of person
E DISCIPLINEOFMEIMER§ OF THE JUD1CIAR :, who have personal knowledge of the facts alleged therein or by documents which may
substantiate said allegations, or upon an anonymous complaint, supported by public
MEMBERS OF THE SUPREME COURT records of indubitable integrity. The complaint shall be in writing and shall state clearly
Q: How may the members of the SC disciplined? and concisely the acts and omissions constituting violations of standards of conduct
ANS: Members of the Supreme Court. the Members of the Constitutional prescribed for Judges by law, the Rules of Court, or the Code of Judicial Conduct
Commissions, and the Ombudsman may be removed from office, on impeachment for, (RULES OF COURT, RULE 140, Sec. 1).
and conviction of, culpable violation of the Constitution, treason, bribery, graft and Q: When can the Supreme Court preventively suspend an administratively
corruption, other high crimes, or betrayal-of-public trust. All other public officers and
charged judge pending a final decision?
employees may be removed frorn' office as peovidethkby law, but not by impeachment
ANS: The Court possesses the power to preventively suspend an administratively
(Const. Ad. XI, Sec. 2). .Quo warranto should be an available remedy to question the
charged judge 'until a final decision is reached, particularly when a serious charge is
legality of appointments-especially ,Of,,impeachabk dfficirfrcansidering that they occupy
involved and a strong likelihood of guilt exists. This power is inherent in the Court's
some of the highest-ranking offees in the land ana ar 'capable,of wielding vast power
power of administrative supervision over all courts and their personnel as a measure to
and influence on mittets.446w,sfrd 15614 l'RePt.rbiic.itOreno, G R. No. 237428, May
allow unhampered formal investigation. It is likewise a preventive measure to
11. 2018). i ,3,._„.
• -3,. , ,,.. .3 shield the public from any further damage that the continued exercise
by the judge of the functions of his office may cause (Office of21f.e Court Administrator v.
CI: What is impeachment?
ANS: ImpeacOtrielit is a polificT31-procThficierthkeii= by the, reolalure to determine Ruiz, AM No. RTJ-13-2361, February 2n016).
whether the public officer committed any of the impeachable offenses,tnamely, culpable , .
, Q: What are the claossificalties of admirtistrative charges for judges of regular and
violation of theCenstitution. treason,bribery, graft an4corruptbnreth4r high crimes, or
special courts„and justices of the Cour* Appeals and the Sa'ndiganbayan under
betrayal of pu4liC truSt. It does not ascertain the off4e?-s- elig-bility 'fcir appointment or A
election, or ch lertgia he leo* of his assrption*-office vibfon for any of the
the Rules of At?
ANS: Admin* tive,chapfteS are dassifieAs sen Hight (RULES OF
impeachable offenses 'shall retiditjp the removal of U mpelschab official from office r
COURT, Rule 149, Secl <
(Republic v. Serena, G.R. No .23742 (Resolution),. June 19 (2018) 4/
i
Serious Charges Less Serious Light Charges
Q: What are the grpunds for,impeiphrniritpf members of the upreme Court?
Charges
ANS: The President, the \,41-c - t'esicthilLthe itvle bers of t Supreme Court, the
Members of the ConitityjiO4 missjons9e ttk dsman may be removed As to acts Serious carges inpfetde:' essenous-cnarges Light Charges
from office on impeach fo VrIpVViolation of the Constitution, included (BD-GU _-BIG1A) include: (UFU- include: (VUGFU)
treason, bribery, graft and es, or betrayal of public trust in the 1 giribery,V4Vct or VIRUS) 1 Vulgar and
(CONST., Art. XI. Sec. 2). charge indirect; 1 Urennddueedelay in unbecoming
2. glishonesty and ring a conduct;
LOWER COURT JUDGES AND JUSTICES violations of the Anti- decision or order, 2. Gambling in
Q: What is the remedy of an aggrieved party for an erroneous ruling or decision Graft and Corrupt or in transmitting public;
rendered by judges of regular and special courts and justices of the Court of Practices Law (RA. the records of a 3. Fratemizing with
Appeals? No. 3019); case; lawyers and
ANS: A judge is not administratively accountable for every erroneous ruling or decision 3. gross misconduct 2. Frequently and litigants with
rendered provided he acts in good faith and without malice. The proper remedy of the constituting violations unjustified pending
aggrieved party is not an administrative charge against the judge but an appeal or of the Code of Judicial absences without case/cases in his
petition for review of his decision (Equatorial Realty Development Inc. v. Anunciacion, Conduct; leave or habitual court; and
Jr,. A.M. No. MTJ-91-562. October 16. 1997). 4 Knowingly rendering tardiness; 4. Undue delay in
an Unjust judgment or 3. Unauthorized the submission of
0: What is the exception to the general rule that a judge is not administratively order as determined by practice of law; monthly reports
accountable for every erroneous ruling or decision rendered provided he acts in a competent court in 4. Violation of (RULES OF
good faith and without malice? an appropriate Supreme Court COURT. RULE
ANS: Administrative sanction and criminal liability should be visited on him only when proceeding: rules, directives, 140, Sec. 10).
the error is so gross, deliberate and malicious, or is committed with evident bad faith, or 5 Conviction of a crime and circulars;
only in clear cases of violations by him of the standards and norms of propriety and involving Moral 5. Receiving
good behavior prescribed by law and the rules of procedure or fixed and defined by
ID> LEGAL AND JUDICIAL ETHICS I
San Soda ...aw , GCT Bar
Serious Charges
turpitude;
6, Willful failure to pay a
just gebt;
7. Borrowing money or
property from lawyers
and litigants in a case
pending before the 6. Untruthful
court:
8. Immorality:
9. gross ignorance of the
law or procedure; T Simple
10_Eartisan political
activities; and ----(RULES
11.Alcoholism and/c4
vicious 405,bits 021,/LES.1
OF "coq,RT, ..„ ),14,11.1,Et
140: Sec. 8),"
As to If t resp9sepfis guilty
Sanctions of series chal-ge, any of
the follvving sanctions
may,Xie !rnposeCETDSF1
"'Dism issal tifroM _ : the
entice, forfeiture of-all
or-.Part of p)e,..b_enefitS
,as- he ."Cockatt may
Ii ttetervine.(:.,, ,,, and
\disqualffication, "frpm
'reinstatement 'or
appointment, to, any
pu8lc office;"i. ncluding'
goverbrnent"-owned- or
controlal
corporations`.'Pro_yided,
however, that
forfeiture of benefits
shall in no case
include accrued leave
credits;
2. Suspension from office
without salary and
other benefits for more
than three (3) but not
exceeding six (6)
months;
3 A Fine of more than
P20.000.00 but not
exceeding P40,000.00
(RULES OF COURT.
RULE 140, Sec. 11).
OPeratiom, Cantor IIIs
BEDAN RED BOOK
Volume H Seres of 2020/21
Less Serious Light Charges
Charges
LEGAL DOCUMENT
additional Or
double Q: What is a Legal Document9
compensation ANS It is a deed, agreement, ,Ale, paper, receipt, or mher written instrument usec to
unless specifically prove a fact (3 MORENO. Phil Law Dictionary (1998)).
authorized by
law; PREPARATION
Q: What are the cardinal rules in drafting legal documents?
statements in the ANS: The following are the rules in drafting a legal document:
certificate of 1 Begin the document with its proper designation;
service; and 2 State the personal circumstances of the parties,
3. State the principal or operational clauses in separate or numbered
Misconduct paragraphs, for ready reference:
OF 4. Be precise and concise in wntipg the document:
RULE 5. Define technical terms, 3cIliga6 terms with special meanings
:140, Sec4.9). 6 Avoid pronouns;
I 7 Observe neatness;
8 This clause may be nsert end of an agreement: This contract snail
extend and shall be biçdir arties,b.thereto, their executors,
If th,e respn j i lIt, the respondent is administrators and aSsigns rae ;
guilty of a 5/ 'Ity of a light 9. Indicate the piae.e and date„oflixecution (GUEVA A, Legal Forms (2010))
serious chatge, charge, any of the
- thT-1followig„folIctwing sanctions 'NOTARIAL CERTIFICATES: JURATAND ACKIfOLEDA3EMENT
sanctions hall eidg shag be imposed:
imposed: (Sfr ) •PIF ) JURAT
'1"._ §uspenstdri frolii 1. Fine of not
office ess than
- salary/. and other P1,000.00 but
b,enefffs-- for /not not exceeding SUBSCRIBED and sworn e me, this 20' ay of April, 2020 in the
fess' Vi'an rift'e (1) P10,000.00 City of Manila, by Juan dela Cruz with P ssport No. EB12345, issued on October
,Imore than f and/or 8, 2019 at DFA San Femandb, Pampa
'--tnree.4.3) month/ 2. Censure:
.0- 3. LZeptImamt -,
o Doc No 34, sga ) TTY. NATHANIEL BONIFACIO
2:i A Einel-P-'inore 4 Admonition with Page No 8, Notary Public for Manila
1-.the ,P10,000.00 warning (RULES Book No 4, Commission Serial No. 123
ut not exceeding OF COURT, Series of 2016. Until December 31, 2019
P20,000.00 RULE 140, Sec. IBP No. 13425/Jan. 1, 2015/City of Manila
(RULES OF 11) PTR No. 21314/Jan 1, 2019/City of Manila
COURT, RULE
140, Sec. 11).
ACKNOWLEDGMENT
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
CITY OF MANILA )SS
BEFORE ME, this 20th day of April, 2020, in the City of Manila, personally
appeared Juan dela Cruz with Passport No. EB12345, issued on October 8, 2019
in DFA San Fernando, Pampanga, known to me to be the same person who
executed the foregoing instrument and acknowledged that the same are their free act
and deed.
ID> LEGAL AND JUDICIAL ETHICS I
San Bede Law-RGCT Bar Operanon3CerVer
BEDAN RED BOOK
Voume U I Senes o' 2020/2'

C. NOTICE OF HEARING ANDEXPLANATION IN MOTIONS '

IN WITNESS WHEREOF, I set unto my hand and seal on the date and
place above written. NOTICE OF HEARING AND EXPLANATION

Doc, No, 34. (sgd.) ATTY. NATHANIEL BONIFACIO Republic of the Philippines
Page No. 8: Notary Public for Manila REGIONAL TRIAL COURT
Book No. 4: Commission Serial No. 123 National Capital Judicial Region
Series of 2016. Until December 31, 2019 Branch 45, City of Manila
IBP No. 13425/Jan. 1, 2015/City of Manila
PTR No. 21314/Jan 1, 2019/City of Manila
JUAN DELA CRUZ,
Plaintiff,
B. VERIFICATION AND CERTIFICATE OF NOINKFOR(iM SHOPPING Civil Case No 1234567
VERIFICATION AND CERTIFICATE OF NON-FORUM SHOPPING -versus- For. Sum of Money
Ty,
a
PEDRO SANTOS,
VERIFICATION AND' C' ERTIFICATION OF NON,FORUNI SHOPPING Defendant.
„ .
REPUBLIC OF THE.FiHILleFINES''
, )
CITY OF MANILA.' _

I, JUAN 'DELA-CRUZ, of IfgalAge,,a7dd a resident of #123, 1st Street, San NOTIC-E HEAR!
Miguel, Manila, underioath 6Io hereby depose and stale thel ,
„ YOUR CASE IS SET for hea before the Presiding:Judge of this Court on
1 Lain the plaintiff in the above,entitled case; April 24, 2020 at 1.30

2 I have caused the preparation of this complaint4
3. 1 have read the contents and that the allegations thejein are true and
correct of my own personal knowledge and/or b ed on authentic
records
YOU ,,MUST ATTEND THE WEARING, IF YOU CANNOT ATTEND
BECAUSE IT IS PHYSICALLY, IMPOS", :LE FOR ,YOU TO DO SO, YOU MAY
AUTHORIZE-A REPRESENTATIVE WHO; IS NOT ,A LAWYER TO APPEAR FOR
YOU FOR THIS PURROSE, YOU SH$ULD FILL UP FORM 5-SCC (SPECIAL
POWER OF ATTORNEY) .

I have not earlier commenced any action or filed any claim Involving WITNESS, the HON. ANGEL REYES'„PresIding Judge of this Court, this 1'.`
the same issues ilm.th`e:Supreirre Court the Court of Appeals. or day or April, 2020, at Manila, Philippines:'
different divisiOns' thereof or any other court, tribunal. quasi-judicial
-
agency and, to,the best of My knowledge no such action or claim is
JOANNA DELA CRUZ
pending therein, an-d
Branch Clerk of Court
5, If I should thereafter learn that a similar action or proceeding has been
EXPLANATION
filed or is pending before the Supreme Court, the Court of Appeals, or
different divisions thereof, or any other court, or any other tribunal or
Due to the distance to the Plaintiffs counsel and to manpower limitations,
agency. I hereby undertake to notify this Honorable Court within five (5)
personal service is not practicable. The undersigned counsel for the Defendant was
days from such notice.
constrained to file and/or serve this Motion by Registered maii.
Further affiant sayeth naught.
ATTY. NATHANIEL BONIFACIO
IN WITNESS WHEREOF. I have hereunto set my hand this 20th day of
Counsel for Defendant
April, 2020_
Unit 1, Building X, Mendiola, Manila
Roll No. 12345:1/10115
(sgd.) JUAN DELA CRUZ
IBP No. 123456: 1/10/15 - Manila
Affiant
PTR No. 1234567: 111/19 — Manila
JURAT
PROOF OF SERVICE
ID> LEGAL Center BEDAN RED BOOK
-••• Volume ll I Senes of 2020/21

D. DEMAND AND AUTHORIZATION LETTERS CONTRACT OF SALE

DEMAND LETTER SALE OF REAL PROPERTY

I April 20, 2020 CONTRACT OF SALE OF REAL PROPERTY

MS. ANGEL REYES KNOW ALL MEN BY THESE PRESENTS
#123. 1st Street, San Miguel
' City of Manila I, JUAN DELA CRUZ, of legal age, Filipino, single, with residence at
#123, 1". Street, San Miguel, Manila for and in consideration of the sum of One
FINAL DEMAND
Million Pesos (P1,000,000.00), receipt of which is hereby acknowledged, dp
hereby SELL, TRANSFER, and CONVEY unto PEDRO SANTOS a certain parcel
Madar-
of land located at Barangay 456, Sampaloc, Manila, more particularly described as
We are writing on behalf of our client, JUAN DELA CRUZ, on the matter of follows:
your non-payment of your obligation.
. , TCT No. 123456
Records disclose ,that., you have an .outstapdiqg obligation with our client in
the amount of P100,00010, with interest. at 8% per-annum, and that despite
A parcel of land (Lot 3, Block,1 of the subdivision plan (LRC)
.repeated demands, At&fr%haVe falled- afft1"-eont.lriuoySly' fait\ to pay the aforesaid
PSD-1111), being a portion ot t 143 situated in Barangay 456,
i amount.
Sampaloc, Manila Boundeclo lie Ntiy Lot 1, :.,ck 1, on the E
A' -o-EMAND is berebji\m'ad:6,,u
Accordirigly, EXll ,you to settle the by Road Lot on the S by toi 5.1and;cnjtW by Lot 6;
; amount of Pi op,00tholYwithin five .(5) days from receip leiletter. Otherwise. containing an area of FOUR HUNDRED 'A eTHREE (403)
! we will be constrained' to fife the necessary legal a4ion u to protect the square meters, more or less.
interest of our/client ,
t s ' Of which I am the absoluteowner, tie all liens and encum rances.
We trust1ht you Will give this matter your ompt a9d_pre4rential attention
to avoid the exp,enSd and incirvenTence of litigation ) b-‘4'

Truly yours.

(sgd.) ATTY. PEDRO SANTOS SIGNED IN THE PRESENCE OF:

AUTHORIZATION LE
(sgd ) ANGEL RE ANNE"ANDRADA
Witness' Witness
Date: April 20, 2020

Dear Sir/Madam, ACKNOWLEDGMENT

I, JUAN DELA CRUZ, married, with residence at #123, 1' Street, San
Miguel, Manila and who is presently an Overseas Filipino Worker based in Hong
Kong, do hereby authorize ANGEL REYES-DELA CRUZ, my wife, of legal age, CONTRACT OF SALE OF PERSONAL PROPERTY
and with residence at #123,1 Street, San Miguel, Manila to file my Calamity Loan

fi
Assistance Application duly signed by me. to sign and receive the Disclosure
CONTRACT OF SALE OF PERSONAL PROPERTY
Statement under the Calamity Loan Assistance Program and to receive the check in
my behalf.
KNOW ALL MEN BY THESE PRESENTS
(sgd.) JUAN DELA CRUZ
Member I, JUAN DELA CRUZ, of legal age, single, Filipino, and with residence
SS No.14344 and postal address at #123, 1st Street, San Miguel Manila, for and in
consideration of the sum of Four Hundred Thousand Pesos (P400,000). receipt of
which is hereby acknowledged, have TRANSFERRED AND CONVEYED by way 01
tsgd ) Angel Reyes-dela Cruz April 20, 2020
absolute sale unto PEDRO SANTOS a certain motor vehicle described as
ATTACHMENTS
 LEGAL AND JUDICIAL ETHICS
San Beds Law-ROCT Bar Operations Center I
I BEDAN RED BOOK
Volt) ne I Series of 2020/21

MAKE MOTOR NO.: situated in Barangay 465, Sampaloc,

Honda 12345690 Bounded on the North by Lot 1, Block 1, on the
SERIES SERIAL/CHASSIS NO: East by Road Lot, on the South by Lot 5, and on
1234564389 the West by Lot 6; containing an area of FOUR
, Civic
YEAR MODEL: FILE NO.: HUNDRED AND THREE SQUARE METERS (403
12345 sq.m.), more or less.
2007
PLATE NO.: C.R. NO.:
54321 WHEREAS, the BUYER/VENDEE has offered to buy and the SELLER
TMS 264
/VENDOR has agreed to sell the above-mentioned property under the terms and
conditions herein below set forth;
of which I am the absolute owner, free from all liens and encumbrances.
NOW THEREFORE, for and in consideration of the total sum of One
Million Pesos (P1,000,000.00), and of the covenants hereinafter set forth the
(sgd.) JUAN DELA CRUZ
Seller SELLERIVENDOR agrees to sell and the BUYERA/ENDEE agrees to buy the
aforesaid property subject to the followi erms and conditions:

1 The total considerat be One Million Pesos (P1.000.000.00).

SIGNED IN THE PRESENCE OF.,
Philippine Currenatj; s follows:

NE'LP.kNO,RADA a) The amount o NDRED ,THOUSAND PESOS

(sgd ) ANGELREYES- -
(P300,000 00), ttni4 vailpy shall be payable by
Witness
y Vitness \
the BU,YERNEND, E o the SELLER7VENDOR upon signing of
this Contract to Se410
• •
ACKNOWLEDGMENT
b) The rerriainihg balan in the amount of SEVEN HUNDRED
- THOUSAts& PESOS 10700,000.00Y PESON shall be paid in
CONTRACT TO SELL Cash on or beterkAu 'sr 5. 2020

CONTRACT To SELL In case the check rqgtesenting paymenyetor the balance •

provided in Paragra4B hereof is dishonored by the drawee
KNOW ALL MEN BY THESE PRESENTS bank, ttik:eamest mopey in the amount of THREE HUNDRED
HOUSAND PESOS Milo 00), shall be forfeited in favor of
This CONTRACT TO SELL made and executed this April 20)020 by and the SELLERNENDOR;;'
between. _ • •
2.• Capital Gains Tax' and Real Estate Tax, shall be for the account of
JUAN DELA CRUZ...of legal age, Filipino -and with residence and postal the SELLER/VENDOR:
address at #123, 1st Street, San MiguelrManila hereinafter referred to as the
'SELLE RNENDOR' . 3. Documentary Stamps Tax. Registration Fee, registration expenses,
and all other miscellaneous fees and expenses shalt be to the
-AND- account of the BUYERNENDEE:

PEDRO SANTOS, of legal age, Filipino, and with residence and postal 4. Possession to the subject property shall be delivered by the
address at #456, 2nd Street, San Miguel, Manila, hereinafter referred to as the SELLERNENDOR to the BUYERNENDEE upon full payment of the
"BUYER/VENDEE". total consideration;

WITNESSETH=
WHEREAS, the SELLER/VENDOR is the absolute and registered owner
of a parcel of land located at Barangay 465, Sampaloc, Manila and covered by
TCT No, 123456 issued by the Registry of Deeds of Manila, more particularly
described as follows:
A parcel of land (Lot 3, Block 1 of the subdivision
plan (LRC) PSD-1111, being a portion of Lot 1-B
5. Upon full payment of the total price, the SELLER/VENDOR shall sign
and execute a DEED OF ABSOLUTE SALE in favor of the
BUYERNENDEE. The SELLER/VENDOR shall likewise execute
and/or deliver any and all documents, including but not limited to the
original copy of Transfer Certificate of Title, Tax Declaration and all
other documents necessary for the transfer of ownership from
SELLER/VENDOR to the BUYERNENDEE.
 LEGAL AND JUDICIAL ETHICS I
San Berta Law •RGCT Bar Operations Cente,
BEDAN RED BOOK
Volum,.Hi Series of 2020/21
<CI
IN WITNESS WHEREOF, I have hereunto set my hand this 20'1 day of I WHEREAS, the LESSOR agrees to lease-out the property to the LESSEE
April. 2020, in Manila, Philippines. and the LESSEE is willing to lease the same,

NOW THEREFORE, for and i consideration of the foregoing premises,

(sgd.) Juan Dela Cruz (sgd ) Pedro Santos the LESSOR leases unto the LESSEE and the LESSEE hereby accepts from the
Seller Buyer LESSOR the LEASED premises, subject to the following conditions.

1. That the terra of this lease shall be for a period of 5 years to

SIGNED N THE PRESENCE OF
(sgd.) Angel Reyes
Witness
ACKNOWLEDGMENT
F. CONTRACT OF LEASE
commence on June 1,2020 and to expire on June 1,2025.
(sgd ) Anne Andrada 2. That the monthly rental on the leased premises above-mentioned
Witness
shall be TEN THOUSAND PESOS (P10,000), to be paid by the
LESSEE at the office of the LESSOR on or before the fifth (5th) day
of each and every month. It is expressly agreed and understood
tnat the payment of the rental herein stipulated shall be made without
the necessity of expre ... mand and without delay on any ground
whatsoever,

3 That the LESSOR xes and assessments corresponding to

REPUBLiC OF THE PHILIPPINES
the aforemention land, while the LESSEE shall pay the
I CITY OF MANILA )
expenses for elecpici r ut
CONTRACT OF LEASE 4 That the,.1.•#SSEE her expressly agree nd warrants that the
ieased rbmises sh used by him e Asively for residential
KNOW ALL MEN BY THESE PRESENTS- ourposes;,apc that tbesai ESSEE is herabi strictly prohibited from
using t(e sadpemises fo y other purpose or business without the
This CONTRACT OF LEASE is made and executed at the City of Manila, prioritiritte nsent of th SSOR, •
:n is 20'" day of April, 2020, by aria between.
5 41,-That,the jor and min° ccount for the
JUAN DELA CRUZ, of legal age, married, Filipino. and, with residence LESSO
and pcsta address at #123, 1st Street, San Miguel; Manila, neremafter referrec to
as tne LESSOR, 6 Th'abpon 94, signin; of agreement, the LESSEE shall pay by
way cif deposOnto the L e sum of TWENTY THOUSAND
-and PESOS1P30,1000) to an nt of rentals in the event that
- ,- the LE EE fails ca. and other expenses or
PEDRO SANTOS, Of legal age rnarried„ Filipino arid with residence and chargea, at th ASEE may owe in favor of the LESSOR.
postal address at #456, 2nd Street, San Miguel, Manila hereinafter referred to as
the LESSEE. 7 That the SEE shall have the right of first refusal should the
LESSOR decide to sell the property during the term of the lease,
WITNESSETH.
IN WITNESS WHEREOF, the parties have hereunto affixed their
WHEREAS. the LESSOR is the registered and absolute owner of a signatures this 20Th day of May, 2020 at the City of Manila, Philippines
residentlal property located at Manila. Philippines. with TCT No. 43562 of the
Registry of Deeds of the City of Manila, and the house built therein, described as (sgd.) Juan dela Cruz (sgd.) Pedro Santos
follows Lessor Lessee
A parcel of land (Lot 3, Block 1 of the subdivision
plan (LRC) PSD-1111), being a portion of Lot 1-B SIGNED IN THE PRESENCE OF:
situated in Barangay 465, Sampaloc, Manila.
Bounded on the North by Lot 1, Block 1, on the
East by Road Lot, on the South by Lot 5, and on (sgd ) Angel Reyes (sgd.) Anne Andrade
the West by Lot 6; containing an area of FOUR Witness Witness
HUNDRED AND THREE SQUARE METERS (403
sq.m.), more or less. JOINT ACKNOWLEDGMENT
CI> LEGAL AND JUDICIAL ETHICS I
San Bacia Law-RGCT Bar Operabons Center eEmeiiSerresti.REDBOOK
G. SPECIAL POWER OF ATTORNEY H. JUDICIAL AFFIDAVIT

SPECIAL POWER OF ATTORNEY

Republic of the Philippines
SPECIAL POWER OF ATTORNEY REGIONAL TRIAL COURT
National Capital Judicial Region
KNOW ALL MEN BY THESE PRESENTS: Branch 45, City of Manila

I. JUAN DELA CRUZ of legal age, single, resident of #123, 1st St., San - PEOPLE OF THE PHILIPPINES,
Miguel, Manila, do hereby name, constitute, and appoint Pedro Santos, of legal Plaintiff.
age, single, resident of #456, 2nd St., San Miguel, Manila, to be my true and lawful Criminal Case No. 1234567
attorney for me and in my name, place, and stead, within a period of one (1) year, versus- For: Estafa
to sell the real property described thereunder, for a consideration of One
Million Pesos (P1,000,000.00), to whosoever may buy or purchase the following JUAN DELA CRUZ,
described real property, to wit. Accused

A parcel of land (Lot 3 Block 1 of the subdivision plan (LRC)

PSD-1111), being a portion ofl4,l;13 s(fuatedlttBarangay 465,
Sampaloc Manila E3oundid on the North iSyeLot. 1, Block 1, on JUDICIAL AFFIDAVIT
the East by Road Lot, orxtbe-South-by Lo+55anti on tie West by
Lot 6; contain-leg an 'area of FOUR UNDRED,AND THREE (of Prosecution witness PEDRO S ct Testimony)
SQUARE METERS (403 sq.m.), more or less.
I. PEDRO SANTOS, 33 years old, employed as a Osinessman, residing at
of which I am the registered owner as evidenced-by TOT No 123456 of the #123, 1st Street, San Miguel, Manila, after having been dufieworn in accordance
Register of Deed of:Manila; and with law, hereby depose and state
j

HEREBY GIVING AND GRANTING unto r said ato ilI powers and RELIMINARy TATEMENT
f
authcrity to 4and Perform, aft and-every-act regylitt ‘or rcc.ssaIy to carry into .. ...

effect the forebtog atithorityla sell, as fully as to plOntents hd puqoses as I might Tha e perea4amining me IS Try. N OlilfACIO with law
or could laweilly do Nf persOnally present, y.ifthsfpr power of eubstitution and office address at Unit ,1 ing X,sMe ilea, Manila. M d al affidavit is being :
revocation, anckherebe„ratifying*koenfiMmeg ;all that my syd attorney shall taken at the aboV '- e ottol place in presence of ANGEL REYES and my
companions. s m,„
lawfully do or ca4e to be'dgnelv.iirtee-15ecetit. /
1-
IN WITNEBs WAEKOFT.J:lieee;„emereupkosee?`"'
, mytand this 20th day of That the que pns are Athediiin but are translated in the
April, 2020, in Manila,'PAttfiSPIrlfs Tagalog dialect which 1 peak fully understand and I am giving my answers fully
conscious that I do so Jflde 1 h and I am aware that I may face criminal liability for
false testimony or perjury e statements made or given by me.
(sgd.) Juan dela Cruz (sgd.) Pedro Santos OFFER OF TESTIMONY
Principal Agent/ Attorney-in-fact
The testimony of the witness PEDRO SANTOS is being offered:
SIGNED IN THE PRESENCE OF- 1. To prove that he is an eyewitness to the crime of Estafa;
2. To testify on the transaction he had with the accused last July
7,2019;
(six') Angel Reyes (sgd ) Anne Andrade To identify the accused in open court as the person who
Witness Witness committed the crime.

ACKNOWLEDGMENT DIRECT EXAMINATION

1. Q: Mr. Witness, will you please tell the Honorable Court your name
age and other personal circumstances?
A: I am Pedro Santos, 33 years old, a businessman, and a resident o'
#123, 1st Street, San Miguel, Manila.
 LEGAL AND JUDICIAL ETHICS I
San Bees Law ICC Bar Operacone, eePter I BEDAN RED BOOK
Vo!urne il Scnes a' 2020/21

L MOTIONS FOREXTENSION OF TIME, TO DISMISS, AND TO DECLARE

2 Q: Why are you here now? INDEFAULT
A: To have a sworn statement by way of a judicial affidavit which shall
constitute as my direct testimony. in the above-entitled case MOTION FOR EXTENSION OF TIME

3 CI: What is the nature of your business?

A: I am engaged in the buying and selling of jewelry. Republic of the Philippines
REGIONAL TRIAL COURT
4 Q: How long did you endeavor your business? National Capital Judicial Region
A- It started in 2006 sir. Branch 45, City of Manila

5 Q: How do you know Juan dela Cruz. the accused? JUAN DELA CRUZ,
A: He Is one of the agents in my jewelry business.
Civil Case No. 1234567
THAT WILL BE ALL FOR THE WITNESS YOUR HONOR. -versus- For Sum of Money
IN WITNESS WHEREOF. I haveTheceunti-set my hand this 20th of May, PEDRO SANTOS,
2020, at Manila, Philippine's. Defendant.

x—
,.!.,
M "ON FOR ENSION
.-- TO al COMMEtWi. OFFER OF EVIDE CE
; ATTESTATION \(., i ' -..‘
I, AT HANIEL BONIFACIO, of legal age, wiA Offi—
ce address at Unit Defendant, by coup nto this Ho able Court, re'spectfully states that:
1, Building X, la, Manila, dcrheretly certify th It....,..j ;
• ,
',4°.* f '
- -
1 On Feb ary 20, 2020, received a copy of the
I prok9u qtiesiiptis FO" trailio -§ANTOSiand faithfully recorded, or plaintiffs fer of Eviden 'dated Ee9p..i,.." -8 40,
caused to be r i theit4esstions -I hate agk j ;* thekorrepbnding answers pursuant of Honore g
that PEDRO SANTOS Nye, ai.abdve.,.stated. „..- ,, - / i the.,Fee g, the defen ant a five
.., -, , (5) days or ute Febtuary , 2020 withri which to file
Neither f,.nor a4,,other persbn "then present or aseisting the witness its Comment to the same;rt„ ,
, • ,..m 17' . .__::-.,-,.-
coached the latter regarding hltanswers.---.2• -' "ss, „ ..,. ,
2 Howev.4'4- clue pt,vgg oiufoir4aSegs'tiise, of work,
coupled, ' withai ually important and urgent
IN WITNESS WHEREOF. I h et°hpreIintd, seri-ny hand this 20th day of
• professional cornmitments, the undersigned counsel
May, 2020, at Manila, PhilipPliieS..
cannot ccittiRete the said Comment to the Offer of
Evidence within the period required and will need an
additional ten (10) days from February 25, 2020 or
(sgd,) ATTY. NATHANIEL BONIFACIO
until March 6, 2020 within which to do so;
Unit 1, Building X, Mendiola, Manila
Roil No. 45678:1110/15 3. This motion is being filed due to the reason above
IBP No. 123456:1110/15 - Manila stated and not for the purpose of delaying the instant
PTR No. 1234567: 1/1/17 - Manila case

WHEREFORE, defendant prays that he be granted an aduitional ten (10)

JURAT days from February 25, 2020 or until March 6, 2020 witnin which to submit a
Comment to the Offer of Evidence.

Manila, Philippines. February 25, 2020

(sgd ) ATTY. NATHANIEL BONIFACIO

Counsel for Defendant
Unit 1, Building X, Mendiola, Manila
11:1> LEGAL AND JUDICIAL ETHICS I
San Seda Law-RGCT Bar Operations Center I BEDAN RED BOOK
Volume Ill Series of 2020/21

Roll No. 45678: 1/10115 MOTION TO DISMISS

IBP No. 123456: 1/10/15 - Manila
PTR No. 1234567: 1/1/18 — Manila DEFENDANT, thru counsel, respectfully moves this Honorable Court to
dismiss the plaintiff's complaint on the following grounds

REQUEST FOR AND NOTICE OF HEARING In amplification of the foregoing ground, Defendant respectfully submits
the following:

THE CLERK OF COURT ARGUMENTS

RTC Branch 45. City of Manila
A THAT THE CLAIM SET FORTH IN THE
ATTY. ANGEL REYES PLAINTIFF'S COMPLAINT HAS BEEN PAID.
Reyes-Reyes Law Office
Unit 1, Building Y, Malate, Manila Allegedly, the defendant has failed to reach the
quotas agreed u n under the Marketing
Greetings! Agreement dateci a bary 6, 2020 Plaintiff now
seeks to collec th sum of FIVE HUNDRED
Kindly submit the foregoIng motion toxc.onsideration and approval of this THOUSAND,Z4' OS (P500 000.00),
Honorable Court irrImetliat6iy pp6n receipt hereof"' representing 4rie e of the proceeds due
- .,„-- ---- . plaintiff underA g Agreepnt
'Csgd,r5 ATTY. LIZA SOBRANGAND.---
Counsel for Defendant B. THAT, 416 PLEA 1NG AS'S !I Up
- THE
CLAMS HAS NO,Ic SE OF ACTION.

Copy furnished The cOtAtr.,act is for t 2) years and defendant is

diven,*at „period t ach the quota Specified
ATTY. ANGEL REYES there: the period two years has :not yet
Counsel for the,Piamtiff Consequ y. plaigtiffs _Opp
Unit 1, Building Y, Maiate, Manila prerriStOe ai"::,pere yet neliiiatVe:the
Melftig Agi-eSnen ntil the period e*pires'and
quota is not ained For this reason
(sgd),ATTY. NATHANIEL.130NIFACIO plaintiffs omp1aint cause of action
'CoUnsel for Defendant add 'be dismiss
„
'PROOF OF/ISE,RVICE- PRAYER

MOTION TO DISMISS WHEREFORE, in view of the foregoing, defendant prays that the I
complaint be dismissed, with costs against the plaintiff.

Republic of the Philippines Manila, Philippines. April 20, 2020.

REGIONAL TRIAL COURT
National Capital Judicial Region
Branch 45. City of Manila (sgd.) ATTY. NATHANIEL BONIFACIO
Counsel for Defendant
JUAN DELA CRUZ, Unit 1, Building X, Mendiola, Manila
Plaintiff Roll No. 45678: 1/10/15
Civil Case No. 1234561 IBP No. 123456:1110/15 — Manila
-versus- For: Sum of Mane PTR No. 1234567: 1/1/19 — Manila
MCLE No. 1-02345; 9/2/18
PEDRO SANTOS, MCLE No. 11-67891; 9/2/18
Defendant

NOTICE OF HEARING
 SanJUDICIAL
LEGAL AND ETHICS
Baca law-RGCT Ba,OperabonsCer,terI • BEDAN RED BOOK
Volume iii Sertes of 2020/21

ATTY. ANGEL REYES (sgd ) ATTY. ANGEL REYES

Counsel for the Plaintiff Counsel for Plaintiff
Unit 1, Building V. Malate, Manila Unit 1, Building Y, Malate, Manila
Roll No. 23456: 1/10/15
Greetings! IBP No. 78910: 1/10/15 - Manila
PTR No. 78910: 1/1/19 - Manila
Please take notice that on Friday. April 24. 2020 at 1:30 p.m., or as soon MCLE No. 1-02345; 9/2/18
as thereafter as counsel may be heard, the undersigned will ask this Honorab.e MCLE No. 11-67691; 9/2/18
Court to approve the foregoing Motion to Dismiss

MOTION TO DECLARE DEFENDANT IN DEFAULT NOTICE OF HEARING

Copy furnished:
Republic of the Philippines
REGIONACTRIAL COURT ATTY. NATHANIEL BONIFACIO
NatiOnal Capital Judicial Region Counsel for the Defendant
'.Branch 45 ity of Manila.' Unit 1, Building Y, Malate, Man

JUAN DELA CRUZ,

Pl i tiff,
Civil:Case No. 1234567 • i ,, , .
versus Fodt Sum of Money iti:41141tibl g-CitSES
#
.,,
PEDRO SANTOS, REPUBLICit,(41
OF I PHIL: 1ANES
DIterldent CITY OF M 1 vr .. ).'

R, RELA AND QUI

I, JUAN vELA C UZ. Filipin of legal age, single, and a resident of

mgTION TRDECLARE 'DEFENDANT IN DEFAULT
PLAINT1FF..by /counkel* unto...tftlst-Honerable Court, most respectfully
states that. t " \f'^*
Plaintiff filed thl"tomplatrit—ageinst defendant on
January 10, 2020, Summons was served on
defendant on February 1, 2020, as indicated by the
Sheriff's return, attached as "ANNEX A.
2. Defendant's reglementary period to file answer ended
on March 2, 2020. Despite the lapse of the time,
Defendant has failed to answer the Complaint against
her or any responsive pleading Hence, plaintiff is
entitled to a declaration of default and the right to
present evidence ex pane against defendant
#123, 1st St., San'MI.Fuel anita, aft worn to in accordance with law,
depose and state.
That by se Opv'ents, 1 hereby state that I have voluntarily resigned
as manag I,Growing Kids Children's clinic:
2 That I hereby acknowledge to have received from my employer the
sum of One Hundred Thousand Pesos (P100,000), which is in full
and final satisfaction of my salary and other benefits that may be due
me for the services 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. 1 further agree that this WAIVER. RELEASE AND QUITCLAIM may

WHEREFORE, Plaintiff respectfully prays that Defendant be declared in
default and that Plaintiff be allowed to present evidence ex pane.
April 20, 2020. Manila, Philippines.
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 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
 LEGAL AND JUDICIAL ETHICS 111 I SEDAN RED BOOK
Volume II I Series of 2020/21
San Bede. Law RGCT Bar Operations Center

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 action1 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 my employer's
business, and forever release the latter from any and all liability.
IN WITNESS WHEREOF, I have hereunto set my hand this 20 th of April,
2020, at Manila. Philippines.
INFORMATION
The undersigned Assistant City Prosecutor, upon sworn certification
originally filed by the offended party, accuses PEDRO SANTOS of the crime of
Serious Physical Injuries, committed as follows
That on or about February 14, 2020, in the City of Manila, within the
jurisdiction of this Court, the said accused, did then and there willfully, unlawfully,
and feloniously attack, assault and used personal violence upon JUAN DELA
CRUZ by then and there stabbing her with a fan-knife, thereby inflicting upon the
latter lacerated wounds on the left ear and left forearm, which caused the illness of
said victim for more than 30 days, and incapacitated him from performing his
customary labor for the same period of time

CONTRARY TO LAW.
(sgd.) Juan dela Cruz
Affiant
Manila, Philippines. Apr
„
(sgd.) ANGEL REYES
istant City Prosecutor
K. PROMISSORY NOTE Witnesses

; April 20, 2020 (sgd.) Nathaniel Bond gin

P500,000
,• — Bail Recommended P30,000.
Ninety (90) clays -after date, I yromise to pay to the-order of PEDRD SANTOS the
sum of Five Hch1dred Thousand Pesos (P500,000), withblitprest at three
percent (3t') per annum until fully paid. The--,maker..and in6lorseesiseverally waive CATION
presentment for paymeot, protest, end notice.Of norr-Payment of this note c.
I hgtbY certify that the -eliminary investigation in
this cas haaeen Gond ave examined the
.(sgd ) JUAN DELA CRUZ compla • nt and pot
Maker their s n starienis 'anTro er eviCilncl'e
tlesubbarn
siistteoclf
before ritie the ri reasonable ground to believe that
the offel**. arged has been committed; the
accused was informed of the complaint and was
L. INFORMATION IN CRIMINAL CASES
given an opportunity to submit controverting evidence
INFORMATION and that the filing of this information was with the
authority of the City Prosecutor.
Republic of the Philippines
(sgd.) ANGEL REYES
METROPOLITAN TRIAL COURT
Assistant City
National Capital Judicial Region
Prosecutor
Branch 22, City of Manila
SUBSCRIBED AND SWORN to before me this 20th of April 2020, in the
PEOPLE OF THE PHILIPPINES City of Manila
Plaintiff
Criminal Case No. 1234567 JOSE BUSTOS
-versus- For: Serious Physical Injuries Assistant State Prosecutor

PEDRO SANTOS, APPROVED.

Accused (sgd.) City Prosecutor
-x
 LEGAL AND
San Soda La
ICIALETHICS
JUDw-RGCT r Operaboos Center
I 111BEDAN RED BOOK
Volume ii i Senes of 2020/21

COMPLAINT M:'',‘AcittAiiiER'AGREEMENT

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT RETAINER CONTRACT
NATIONAL CAPITAL REGION
Branch 45, City Manila
KNOW ALL MEN BY THESE PRESENTS
PEOPLE OF THE PHILIPPINES
Plaintiff,
Criminal Case No 1234567
This CONTRACT is made and executed by and between
-versus- For. Simple Seduction

PEDRO SANTOS,
Accused JUAN DELA CRUZ, hereinafter referred to as the "CLIENT':

=and

PL REYES-REYES LAW O'FFICIA law firm organized under and by virtue

JOAN-NA of the laws of the Republic of the Philipp tV.s aw,s_a general
1
fessional partnership,
The uq rstgned, DELA Cik-trZ,,a&uses.,PEDRO SANTOS of with principal office at Unit.,1, BiAipi"6-••44-fNlat4t i a, Philippines, and
the crime of Si re-S1Cction, comMittech asIellows, °.; represented in this act byrits. Managing rartner, At4G YES: and hereinafter
/ \ referred to as the "LAVVOIRM",
Tha on-priaboutl-the-471-'-day-of-Aprit,-2020, io dhe Oity of Manila,
Philippines, j ,ØICe withil the, jurisdidtion of this Honorable •CoLirt, the above-
named accu ed 10,then and there willfully,- unla ully an\J Jelghtously, and by
.1 ANNA DELA
WITNWS' ETH.
means of d had sextral intercour,ge•With the —dersigned,
• .
CRUZ, 16 y rs T ge, ,triv\sr6eet-anti,-ef-ood--réutationt nsjcief undersigned's WI-IEREAS,„,theA.AW FIRM hagbffered its ,p(ofes,..*rtat_4egal services to
room when h C.pfirei\ts were:still at work 'Prior cohSent' frorn the undersigned was the CLIENT and CLIENT agrees to retainAe professional legal services of the LAW
secured throu deceit,wheri,'4ccbsed promised...8 Marry her'. FIRM under a retainei=shipbasis, subject to the terms and Conditions hereinafter
stipulated:
CONTRARY T
NOW THEREFORE, for and in. of the mutual covenants and
(sgd.),,,JOANNA DELA CRUZ
agreements herein agreed upon, the L't -' 44 -kr the LAW FIRM by these
Complamant
presents, have entered;2 as they `hereby enter, into a contract of services whereby
, the LAW FIRM shall render Jogai services to the CLIENT, under the following terms
VERIFICAT1OW- and conditions:
•

A preliminary investigation has been conducted in this case under my 1. The term or duration of this contract shall be for one (1) year effective
direction, having been examined the witnesses under oath upon signing of this agreement and shall automatically renewed on a year
to year basis unless either party pre-terminates the same upon serving a
(sgd.) ANGEL REYES thirty (30) day-prior written notice to the other party, without need of
MTC Judge cause; The LAW FIRM, while in the performance of its duties, shall be
entitled to a fixed monthly retainer fee of PESOS; Twenty Eight Thousand
Pesos (P28,000);

2. The LAW FIRM shall make itself available for ready consultation by the
CLIENT or its duly authorized officers in all matters or business requiring
legal advice and opinion affecting the said corporation in general. Written
opinions rendered by the LAW FIRM on matters affecting the business
and operations of the corporation shall be subject to confirmations:
El> LEGAL AND JUDICIAL ETHICS I
San Reda Law-RGCT Sat Operatons Cente•

3. The LAW FIRM shaH render documentation and notarial services to the
CLIENT as part of this retainership. Client documents shall be notarized
free of charge while documents requiring the participation and signature of
a party other than the Client shall be subject to additional fees and
charges:

4 The LAW FIRM shall handle other cases as referred to it by the CLIENT
for a fee that shall be determined by mutual agreement of the law firm and
the CLIENT, on a case to case basis, such as, but not limited to, all suits
or cases for or against the CLIENT. including officers and employees of
the CLIENT sued in their official capacity:

5. Clerical and routine expenses for mailing of demand letters, pleadings to

court and copies thereof to adverse parties, costs of photocopy of
evidentiary documents,m„payment of stenographic notes, costs of
publications of noticett-as well as fifing fees and other legal expenses in
court and other4proPriate government offics,.,.shall be for the account of
.. r
the CLIENT, . _ . •.- -

APPENDICES
6. The LAW FIRk/1„,sifalinoL-eftlierdrifirrg-the_!,e'rmlEfthis iiontract or any time
tnereafte( ttseeor disclose to any person. °pee,
corporation or entity any
confidentidHpformation concerning the affairs of the gyENT which he
mayihave acquired in the course of or as incident to‘thrs, contract for its
owniVeriefielor to th
,-g-detrTmeriroiTwObabre- detrimeht -pftbe`
. t CLIENT;
,
7. Anyiviolatidn of the3terrnsand-condrtions of this contract b' ;he LAW FIRM
shall -give the C-Li T the option to rescind Or cancel "i `mediately the
,
contractmaktoui-if
4i
sity of judiciai proceed
•
- ' tags; i ----
4 , • Syllabus for the 2020/21 Bar Examinations for Commercial Law
..4 ..
,s N, .
T • Syllabus for the 2020/21 Bar Examinations for Criminal Law
8 The LAW FIRM reser9e04e-ri t to terminate this AgreeMent upon giving
• Syllabus for the 2020/21 Bar Examinations for Remedial Law
a thirty\day (30)written ncticetcphe CLIENT, .j
\ N.. il •
•
Syllabus for the 2020/21 Bar Examinations for Legal Ethics
Bibliography
9. Likewise, Ike Clie,41/as Ilie-tfahtttOtitipirfSte this Adreement upon giving
a thirty-day et mrittite.te>thelIA: W•tIRM. /
- ...,„ .... ,o.
- ' .....,'
IN WITNESS WHEREOF71110-partferfiave signed this instrument this 20'h
day of April, 2020 at City of Manila, Philippines.

JUAN DELA CRUZ ANGEL REYES

Client Managing Partner, Reyes-Reyes Law Office

— HAT IN ALL THINGS GOD MAY BE GLORIFIED

SAN ACA UNI4ERSITY COLLEG£ OF LAW
RGCT - BAR OPERATIONS
CENTER
44170-.01