Ethics
Ethics
Ethics
EFFECTS OF READMISSION
before disbarment - it shall bar any proceeding for the disbarment of the
attorney.
CONDITIONS:
*the purpose of MCLE is to ensure that throughout their career they keep
abreast with law and jurisprudence, maintain the ethics of profession and
enhance the standards of practice of law.
*Member of the IBP unless exempted under Rule 7, shall complete every 3
years at least 36 hours of continuing legal education activities.
*Each member shall secure from the MCLE Committee a Compliance Card
before the end of each compliance period. He shall complete the card by
attesting under oath that he has complied with the education requiremennt or
that he is exempt in specifying the nature of exemption. The compliance card
must be returned not later than the day after the member’s compliance period.
likewise exempt:
* A member who fails to comply with the requirements of the 60 day period
shall be listed as deliquent member of the IBP Board of Governors upon the
recommendation of the committee on MCLE.
*see BM 202, Rule on Mandatory Legal Aid Service
QUALIFICATIONS:
must be:
J urat
O aths and Affirmation
A cknowledgment
S ignature witnessing
C opy certification
A ny other act authorized by these Rules
A notary public shall NOT perform a notarial act outside his jurisdiction and
his regular place of work or business. It is improper for a notary public to
notarize documents in sidewalks since it is now required that a notary public
should maintain a regular place of work or business within city or province
where he is commissioned.
EXCEPTIONS:
- the executive judge may revoke/impose sanctions upon a notary public who
fails to :
The Executive Judge shall cause the prosecution of any person who:
Under Sec 1, Rule 137 of the RC, no judge or judicial officer shall sit in
case in which 1. he, or his wife or child, is pecuniarily interested as heir,
legatee, creditor, or otherwise, or in which 2. he is related to either party
within 6th degree of consaguinity or affinity, or 3. a counsel within 4th degree
computed according to the rules of Civil Law, or in 4. in which he has been
an executor, administrator, guardian, trustee, or counsel or in which 5. he has
presided in any inferior court when his ruling or decision is subject of review,
without the written consent of all parties in interest, signed by them and
entered upon record.
*Not all justices are impeachable. Only justices of the Supreme Court are
impeachable. CA Justices may be removed as provided by law but not
impeachment.
*Complaints against judges and justices are filed with the Supreme Court,
which has exclusive administrative supervision over all courts and the
personnel thereof pursuant to Sec. 6 Art VIII. The Court en banc has the
power to discipline all judges of lower courts including justices of CA.
*If the case is filed with the IBP, the IBP is required to forward to the Court
for appropriate disposition of all complaints for disbarment and discipline
filed with the IBP against all judges and justices, sitting or retired, for
acts/and/or omission committed during their tenure in the judiciary. The
complaint should not be dismissed for lack of jurisdiction.
*Justices of the Supreme Court may not be disbarred unless and until they
shall have been first impeached with the Constitution.
GROUNDS FOR DISCIPLINE OF JUDGES
2. suspension from office without salary and other benefits for more
than three months but not exceeding six months;
1. suspension from the office without salary and other benefits for not
less than one month nor more than three months;