I.

LEGAL ETHICS

A. PRACTICE OF LAW

1. Concept

Legal ethics is that branch of moral science that treats of the duties which lawyers owe to the public, to the
court, to the bar, and to the client.

Practice of Law – The practice of law is any activity, in or out of court, which requires the application of law,
legal procedure, knowledge, training, and experience. It is to give notice or render any kind of service, which
devise or service requires the use in any degree of legal knowledge or skill (Cayetano v. Monsod).

Pillars of the practice of law under jurisprudence:

1. Habituality;
2. Application of knowledge of law;
3. Compensation;
4. Attorney-Client Relation

When lawyers teach law, they are considered engaged in the practice of law. Their actions as law professors
must be measured against the same canons of professional responsibility as the fact of their being law
professors is inextricably entwined with the fact that they are lawyers. (Re: Letter of the UP Law Faculty:
“Restoring Integrity: A statement by the Faculty of the UP College of Law on the allegations of plagiarism and
misrepresentation in the SC”, A.M. No. 10-10-4-SC, 2011).

a. Privilege

The right to practice law is not a natural or constitutional right but is a privilege. It is limited to persons of good
moral character with special qualifications duly ascertained and certified. In essence, it is reserved only for
people who (in order):

1. Passed the bar;

2. Taken his/her oath;
3. Signed the Roll of Attorneys.

A person engaged in services as a lawyer by fabricating his roll number before passing the bar. When his name
appeared in the newspaper for recent bar passers, a case was filed against him, but not before he was allowed
to take his oath. His signing of the roll was held in abeyance pending hearing of the case against him (Aguirre v.
Raña).

Even after completing the three steps, the lawyer is then measured upon the yardstick of good moral character,
a continuing requirement tied to the privilege. A lawyer, having been admitted to the bar, must remain in good
standing. Likewise, vetting for positions in the judiciary, the Ombudsman, military Ombudsman, etc. require
membership in good standing.

Being a mere privilege, all the requirements are strictly construed against the applicant.

b. Profession, not business

The practice of law is a profession, not a business. The emolument that comes from the practice is a mere
offshoot of the profession, and not its end. Public service should be the primary consideration for every aspiring
lawyer.

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Atty. Ancheta should have advised complainants to accept the judgment of the Court of Appeals and accord
respect to the just claim of the opposite party. He should have tempered his clients' propensity to litigate and
save them from additional expense in pursuing their contemplated action. Instead, he gave them confident
assurances that the case could still be reopened and even furnished them a copy of his prepared "motion to
reopen case." Atty. Ancheta's misconduct betrays his lack of appreciation that the practice of law is a
profession, not a moneymaking trade (Spouses Tolentino v. Atty. Ancheta, 2016).

Under the Canons of Professional Responsibility, the lawyer has a responsibility to:

1. Society
2. The legal profession
3. The courts
4. The clients

2. Qualifications

Section 2, Rule 138 – Requirements for admission to the Bar:

1. Citizenship (practice of law requires allegiance; practice is limited to citizens);

2. Residence;
3. Age (at least 21 years of age);
4. Good moral character and no charges involving moral turpitude (moral turpitude – any crime whose
baseness and vileness is such that offends the sensibilities of the general public);
5. Legal education (Consisting of pre-law and law proper);
6. Pass the bar examinations;
7. Take the lawyer’s oath;
8. Sign the roll of attorneys.

Legal Education:

1. Pre-Law – The applicant must present a certificate that he or she had pursued and satisfactorily
completed in an authorized and recognized university or college, the course of study prescribed therein
for a bachelor's degree in arts or sciences, which required for admission thereto the completion of a 4-
year high school course.

2. Law Proper – Must satisfactorily show that they completed all the prescribed courses for a degree of
Bachelor of Laws (or its equivalent), in a law school or university recognized by the government or the
proper authority in the foreign jurisdiction where the degree has been granted

The Legal Education Board was created in order to uplift the standards of legal education by undertaking
appropriate reforms in the legal education system, requiring proper selection of law students, maintaining
quality among law schools, and requiring legal apprenticeship and continuing legal education. In Dec. 2016,
LEB promulgated a memorandum for the PhilSAT as a prerequisite for admission to the basic law courses
leading either to a Bachelor of Laws or Juris Doctor degree beginning school year 2017-2018. However, the SC
declared LEB Memorandum Order No. 7 as unconstitutional, as it “usurps the right and duty of the law school to
determine for itself the criteria for the admission of students and thereafter, to apply such criteria on a case-to-
case basis.” (Pimentel v. Legal Education Board, 2019).

Good moral character is presumed, until proven otherwise by evidence of unlawful, deceitful, or immoral
conduct. The act need not amount to a crime, and even if it does constitute an offense, a conviction upon a
criminal charge is not necessary to demonstrate bad moral character although it may show moral depravity.

3. Continuing requirements for membership in the bar

a. Good moral character

Good moral character is the absence of a proven conduct or act which has been historically and traditionally
considered as a manifestation of moral turpitude.
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This requirement is not only a condition precedent to admission to the practice of law, its continued possession
is also essential for remaining in the practice of law. Good moral character is what a person really is, as
distinguished from good reputation, the estimate in which he is held by the public in the place where he is
known (In the Matter of the Disqualification of Bar Examinee Haron S. Meling In The 2002 Bar Examinations
and For Disciplinary Action As Member of The Philippine Shari’a Bar, 2004.)

The question of moral turpitude is for the Supreme Court to decide, which is why applicants are required to
disclose any crime which they have been charged. Concealment or withholding from the Court information
about charges and indictments is a ground for disqualification of applicant or for revocation of license. By
concealing pending criminal cases, the applicant (in a petition to take the Bar Examinations) then flunks the test
of fitness even if the cases are ultimately proven to be unwarranted or insufficient to impugn or affect the good
moral character of the applicant.

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

The practice of all professions in the Philippines shall be limited to Filipino citizens save in cases prescribed by
law (Sec. 14, Art. XII, 1987 Constitution). The loss of citizenship means termination of the petitioner’s
membership in the bar; ipso jure the privilege to engage in the practice of law. Thus, a Filipino lawyer who
becomes a citizen of another country and later reacquires his Philippine citizenship under R.A. No. 9225,
remains a member of the Philippine Bar. However, the right to resume the practice of law is not automatic. R.A.
No. 9225 provides that a person who intends to practice his profession in the Philippines must apply with the
proper authority for a license or permit to engage in such practice (In re: Petition to re-acquire the privilege to
practice law in the Philippines of Muneses, 2012).

The requirements pursuant to in re: Muneses are as follows:

1. Petition for Reacquisition of Philippine Citizenship;

2. Order thereof;
3. Oath of Allegiance to the Republic of the Philippines;
4. Identification Certificate issued by the Bureau of Immigration;
5. Certificate of Good Standing issued by the IBP;
6. Certification by the IBP including updated payments of annual membership dues;
7. Proof of payment of professional tax; and
8. Certificate of compliance issued by the MCLE office (fully updated).

Authority to resume the practice of law, as may be applied for before the SC, is conditioned on the following:

1. The updating and payment in full of the annual membership dues in the IBP;
2. the payment of professional tax;
3. the completion of at least 36 credit hours of mandatory continuing legal education; this is especially
significant to refresh the applicant/petitioner’s knowledge of Philippine laws and update him of legal
developments; and
4. the retaking of the lawyer’s oath which will not only remind him of his duties and responsibilities as a
lawyer and as an officer of the Court, but also renew his pledge to maintain allegiance to the Republic
of the Philippines.

4. Appearance of Non-Lawyers

General Rule: Appearance by non-lawyers is generally not allowed, except under the following circumstances:

1. Law students;
2. By agents;
3. By the litigant himself;

a. Law student practice

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Revised Law Student Practice Rule – Rule 138-A

The limited practice of law covers appearances, drafting and submission of pleadings and documents before
trial and appellate courts and quasi-judicial and administrative bodies, assistance in mediation and other
alternative modes of dispute resolution, legal counselling and advice, and such other activities that may be
covered by the Clinical Legal Education Program of the law school.

The Clinical Legal Education Program consists of learning activities covered by the Rule undertaken in either a
law clinic or an externship, which shall incorporate the teaching of legal theory and doctrines, practical skills, as
well as legal ethics (Section 2(a)).

Externship is part of the clinical legal educational program if: (a) it allows students to engage in legal work for
the marginalized sectors or for the promotion of social justice and public interest, and (b) it is undertaken with
any of the following: (i) the courts, the Integrated Bar of the Philippines (IBP), government offices; and (ii) law
school recognized non-governmental organizations (NGOs) (Section 2(b)).

Law students are required to apply for and secure the following certifications to engage in activities under the
Clinical Legal Education Program (with the assistance and supervision of a member of the Bar):

1. Level 1 certification, for law students who have successfully completed their first-year law courses, in
which they may;
a. Interview prospective clients;
b. Give legal advice to the client;
c. Negotiate for and on behalf of the client;
d. Draft legal documents;
e. Represent eligible parties in quasi-judicial or administrative bodies;
f. Provide public legal orientation; and
g. Assist in public interest advocacies for policy formulation and implementation; and/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. Under this certification, the students may:
a. Perform all activities under Level 1 Certification;
b. Assist in the taking of depositions and/or preparing judicial affidavits of witnesses;
c. Appear on behalf of the client at any stage of the proceedings or trial before any court, quasi-
judicial or administrative body;
d. In criminal cases, subject to the provisions of Section 5, Rule 110, to appear on behalf of a
government agency in the prosecution of criminal actions;
e. In appealed cases, too prepare the pleadings required in the case.

The Law Student Practitioner’s Oath/Affirmation is to be taken before performing the activities allowed in the
certification. Unauthorized practice of law shall be a ground for revocation of the law student practitioner's
certification and/or disqualification for a law student from taking the bar examination for a period to be
determined by the Supreme Court.

Duties of the Supervising Lawyer:

1. Supervise such number of certified law student practitioners as far practicable;

2. Personally appear with the law student practitioner in all cases pending before the second- courts and
in all other cases the 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.

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Any act constituting a violation of the CPR shall subject the supervising lawyer, Clinical Legal Education
Program Head, and/or law school dean to disciplinary action, as the circumstances may warrant (Section 12).

Sec. 34, Rule 138, RoC is clear that appearance before the inferior courts by a non-lawyer is allowed,
irrespective of whether or not he is a law student. Thus, a law student may appear under the circumstances of
Sec. 38, as an agent or a friend of a party litigant, without complying with the requirements of Rule 138- A (Cruz
v. Mina, 2007).

b. Non-lawyers in courts

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

An attorney who is otherwise disqualified to practice law, or has been disbarred or suspended from practice,
can validly prosecute or defend his own litigation, he having as much right as that of a layman (Danforth v.
EGAN).

While Rule 138 of the Rules of Court does not distinguish, the Rules of Criminal Procedure states under
Section 7 of Rule 116 that the accused may defend himself in person when it sufficiently appears to the court
that he can properly protect his rights without the assistance of counsel. Likewise, the gravity of the offense and
the difficulty of the questions that may arise should be considered in determining whether there is a need to
appoint a counsel de officio, or to require a counsel de parte.

In criminal cases, in localities where members of the bar are not available, the court may appoint any person
(i.e., non-lawyer), who is a resident of the province and of good repute for probity and ability to defend the
accused, in lieu of a counsel de officio.

A person may, before the MTC, conduct his case or litigation in person with the aid of an agent or friend
appointed by him. The agent or friend is not engaged in the practice of law, since there is no habituality in the
activity and no attorney-client relationship exists.

c. Non-lawyers in administrative tribunals and labor tribunals

Non-lawyers are allowed to represent another before the following administrative tribunals:

1. The NLRC or any labor arbiter under Article 222 of the Labor Code, provided:
a. The non-lawyer represents themselves; or
b. The non-lawyer represents their organization members

The 2011 NLRC Rule of Procedure, promulgated pursuant to Art 225(a), Labor Code, allows (a) non-
lawyers, who are not necessarily a party to the case, to represent a union or members thereof, (b) non-
lawyers who are duly-accredited members of any legal aid office recognized by the Department of
Justice or IBP, and (c) non-lawyer owners of establishments, to appear before it.

2. The cadastral courts, by a claimant who appears by themselves, or by some person on their behalf,
under Section 9 of Act No. 2259.

3. Under R.A. No. 6657 (CARP Law), responsible farmer leaders shall be allowed to represent
themselves, their fellow farmers, or their organizations in any proceedings before the DAR: provided,
however, that when there are two or more representatives for any individual or group, the
representatives should choose only one among themselves to represent such party or group before any
DAR proceedings.

Limitations on the authority of non-lawyers to appear before administrative tribunals:

1. The work must be confined to non-adversarial contentions and should not undertake purely legal work
(i.e. examination of witnesses, presentation of evidence, etc.);

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 2. The services should not be habitual;

3. Attorney’s fees should not be charged.

d. Proceedings where lawyers are prohibited from appearing

Lawyers are prohibited from appearing in the following cases:

1. Small claims cases - No attorney shall appear on behalf of or represent a party at the hearing, unless
the attorney is the plaintiff or defendant. If the court determines that a party cannot properly present
his/her claim or defense and needs assistance, the court may, in its discretion, allow another individual
who is not an attorney to assist that party upon the latter's consent (Section 17, Rules of Procedure for
Small Claims Cases).

2. Katarungang Pambarangay – The parties must appear in person, without the assistance of the counsel
or representative, except for minors and incompetents who may be assisted by their next of kin who are
not lawyers (Sec 415, R.A. No. 7160 – Local Government Code).

5. Sanctions for practice or appearance without authority

a. Lawyers without authority

Under Sec. 27, Rule 138, RoC, corruptly or willfully appearing as an attorney for a party to a case without
authority to do so is a ground for disbarment or suspension.

b. Persons not lawyers

For both persons who are not lawyers and lawyers who appear without authority, the following may be availed
of:

1. Petition for injunction

2. Declaratory relief
3. Contempt of Court
4. Administrative complaint against the erring lawyer or government official
5. Criminal complaint for estafa against the person who falsely represented himself as a lawyer to the
damage of another

6. Public officials and practice of law

a. Prohibition or disqualification of former government attorneys

As a general rule, the appointment or election of an attorney to a government office disqualifies him from
engaging in the private practice of law. Specifically, they shall not, during their incumbency (Section 7(b), Code
of Conduct and Ethical Standards for Public Officials and Employees):

1. Own, control, manage or accept employment as officer employee, consultant, counsel, broker, agent,
trustee or nominee in any private enterprise regulated, supervised or licensed by their office, unless
expressly allowed by law;

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 2. 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; and

3. Recommend any person to any position in a private enterprise which has a regular or pending official
transaction with their office.

These prohibitions shall continue to apply for a period of one year after resignation, retirement, or separation
from public office, except in case of the second. The 1-year ban shall also apply to practice of profession inn
connection with any matter before the office he used to be with.

Absolute prohibition no public officials who cannot practice law:

1. Judges and other officials or employees of superior courts (Sec. 35, Rule 148, RoC];
2. Officials and employees of the Office of the Solicitor General (Sec. 35, Rule 148, RoC);
3. Government prosecutors;
4. President, vice-president, cabinet members, their deputies and assistants;
5. Chairmen and members of constitutional commissions;
6. Members of the Judicial and Bar Council;
7. Ombudsman and his deputies;
8. All governors, city and municipal mayors
9. Civil service officers or employees whose duties require them to devote their entire time at the disposal
of the government
10. Those who, by special law, are prohibited from engaging in the practice of their legal profession.

Relative prohibition on public officials who can practice law with restrictions:

1. No senator or member of the House of Representatives may personally appear as counsel before any
court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies
(including the filing of pleadings).

2. Sanggunian members may practice law except during session hours and provided they shall not:

a. Appear as counsel before any court in any civil case wherein a local government unit or any
office, agency, or instrumentality of the government is the adverse party;

b. Appear as counsel in any criminal case wherein an officer or employee of the national or local
government is accused of an offense committed in relation to his office;

c. Collect any fee for their appearance in administrative proceedings involving the local
government unit of which he is an official; and

d. Use property and personnel of the government except when the sanggunian member
concerned is defending the interest of the government

3. Under Sec. 1, R.A. No. 910, the pension of justices therein is provided with a condition that no retiring
justice, during the time that he is receiving said pension shall:

a. Appear as counsel before any court in any civil case wherein the Government or any
subdivision or instrumentality thereof is the adverse party;

b. In any criminal case wherein and officer or employee of the government is accused of an
offense committed in relation to his office; or

c. Collect any fee for his appearance in any administrative proceedings to maintain an interest
adverse to the Government, insular, provincial or municipal, or to any of its legally constituted
officers.

4. There are civil employees whose duty does not require that their entire time be at the disposal of the
government. Absent any express prohibition in law, they can practice law, provided they secure a
written permit from their department head.

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Revolving Door Principle – When a lawyer gains employment in a public office for a short period, only to exploit
his connections and experiences therein in his subsequent private practice. This is prohibited as a conflict of
interest.

7. Lawyers authorized to represent the government

Lawyers authorized to represent the government – Any official or other person appointed or designated in
accordance with law to appear for the Government of the Philippines shall have all the rights of a duly
authorized member of the bar to appear in any case in which said government has an interest, direct or indirect
(Section 33, Rule 138).

An attorney is presumed to be properly authorized to represent the cause in which he appears, and no written
power of attorney is required to authorize him to appear in court for his client (Section 21, Rule 138).

8. Lawyer’s oath

The Lawyer’s Oath – I, ___________, do solemnly swear that I will maintain allegiance to the Republic of the
Philippines; I will support the Constitution and obey the laws as well as the legal orders of the duly constituted
authorities therein; I will do no falsehood, nor consent to the doing of any in court; I will not wittingly or willingly
promote or sue any groundless, false or unlawful suit, nor give aid or consent to the same. I will delay no man
for money or malice, and will conduct myself as a lawyer according to the best of my knowledge and discretion
with all good fidelity as well to the courts as to my clients; and I impose upon myself this voluntary obligation
without any mental reservation or purpose of evasion. So help me God.

The lawyer's oath is not a mere ceremony or formality for practicing law. Every lawyer should at all times weigh
his actions according to the sworn promises he makes when taking the lawyer's oath

B. DUTIES AND RESPONSIBILITIES OF A LAWYER

1. Society

a. Respect for law and legal processes

CANON 1. A lawyer shall uphold the Constitution, obey the laws of the land and promote respect for law and
legal process.

The lawyer is the sworn servant of the law. Lawyers must never be the one to cause delay in court proceedings.

The responsibility of a ‘public’ lawyer (such as Special Prosecutor), who owes duties of fidelity and respect to
the Republic and to the Supreme Court as the embodiment and the repository of the judicial power in the
government of the Republic, to uphold the dignity and authority of the Supreme Court and not to promote
distrust in the administration of justice is heavier than that of a private practicing lawyer (Zaldivar v. Gonzales).

Rule 1.01. A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.

An unlawful conduct is act or omission which is against the law. It is a transgression of any provision of law,
which need not be penal.

Dishonesty involves lying or cheating. It is a disposition to cheat, deceive, defraud.

Immoral conduct has been defined as that conduct which is willful, flagrant, or shameless, and which shows a
moral indifference to the opinion of the good and respectable members of the community.

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Moral turpitude includes everything which is done contrary to justice, honesty, modesty, or good morals. It
involves an act of baseness, vileness, or depravity in the private duties which a man owed his fellowmen, or to
society in general (Barrios v. Martinez).

In order to hold the lawyer amenable to disbarment by reason of his or her having committed a crime involving
moral turpitude, it is not enough to show that there is a pending case involving moral turpitude against him or
her because Section 27 of Rule 138 expressly requires that he or she must have been found by final judgment
guilty of the crime involving moral turpitude.

Rule 1.02. A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence
in the legal profession.

A lawyer should advise his client to uphold the law, not to violate or disobey it. Conversely, he should not
recommend to his client any recourse or remedy that is contrary to law, public policy, public order, and public
morals (Coronel v. Cunanan, 2015).

The function of a lawyer is not only to conduct litigation but to avoid it where possible, by advising settlement or
withholding suit. He must act as mediator for compromise rather than an instigator of controversy and a
predator of conflict.

Rule 1.03. A lawyer shall not, for any corrupt motive or interest, encourage any suit or delay any man’s cause.

Barratry or Maintenance – The offense of stirring up quarrels, litigation, or groundless lawsuits, either at lw or
otherwise.

Ambulance Chasing - Unethical practice of inducing personal injury victims to bring suits. The practice of
lawyers in frequenting hospitals and homes of the injured to convince them to go to court.

Rule 1.04. A lawyer shall encourage his clients to avoid, end or settle a controversy if it will admit of a fair
settlement.

The function of a lawyer is not only to conduct litigation but to avoid it where possible, by advising settlement or
withholding suit.

It is the duty of a counsel to advise his client, ordinarily a layman to the intricacies and vagaries of the law, on
the merit or lack of merit of his case. If he finds that his client's cause is defenseless, then it is his bounden duty
to advise the latter to acquiesce and submit, rather than traverse the incontrovertible (Castañeda v. Ago, 1975).

b. Efficient and convenient legal services

CANON 2. A lawyer shall make his legal services available in an efficient and convenient manner compatible
with the independence, integrity and effectiveness of the profession.

Legal advice should never be aimed at defiance of the law or lessening confidence in the legal system.

Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any
person by reason of poverty (Sec. 11, Art. III, 1987 Constitution).

Rule 2.01. A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed.

Legal aid is not a matter of charity. It is a means for the correction of social imbalance that may and often do
lead to injustice, for which reason it is a public responsibility of the bar. Lawyers covered by the Rule on
Community Legal Aid Service are required to render 120 hours of pro bona legal aid services to qualified
parties enumerated in Section 4(b) thereof, within the first year of the covered lawyers' admission Bar, counted
from the time they signed the Roll of Attorneys (Rule on Community Legal Aid Service).

Exemptions:

1. Covered lawyers in the executive and legislative branches of government, provided that the covered
lawyer must already be in government service at least six (6) months before admission into the Bar;

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 2. Those who have already undergone and completed the clinical legal education program duly organized
and accredited under Rule 138-A;

3. Covered lawyers who have worked for at least 1 year in law firms offering pro bono legal services or
regularly accepting counsel de oficio appointments;

4. Covered lawyers who have previously worked for more than 1 year as staff of a Law School Legal Aid
Office, a Public Interest Law Group, or an alternative or developmental law group; and

5. Covered lawyers who have worked with lawyers for Public Interest Law Groups or alternative or law
groups for more than one (1) year and have filed public interest cases.

Rule 2.02. In such cases, even if the lawyer does not accept a case, he shall not refuse to render legal advice
to the person concerned if only to the extent necessary to safeguard the latter’s rights.

Although no lawyer-client relationship is created when a lawyer categorically refuses to accept a case, a lawyer
is still bound to give legal advice to the defenseless and oppressed to protect their rights. Advice may be on
what preliminary steps to take until the client has secured the services of counsel.

Rule 2.03. A lawyer shall not do or permit to be done any act designed to primarily solicit legal business.

A lawyer who encourages indigent party litigants to consult him free of charge about their legal problems over a
radio and television network has violated the proscription against indirect advertising and soliciting, and is even
violative of the attorney-client relationship (In re: Tagorda, 1929).

The practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or
brokers, constitutes malpractice

A lawyer is not prohibited from engaging in business or other lawful occupation. Impropriety arises, though,
when the business is of such a nature or is conducted in such a manner as to be inconsistent with the lawyer’s
duties as a member of the bar. The best advertising possible for a lawyer is a well-merited reputation for
professional capacity and fidelity to trust, which must be earned as the outcome of character and conduct (Ulep
v. The Legal Clinic, 1993).

Allowable advertisement for attorneys:

1. Ordinary simple professional card;

2. Publication in reputable law list with brief biographical and other informative data;
3. Publication of simple announcement of opening of law firm, or change of firm name;
4. Listing in telephone directory but not under designation of special branch of law;
5. If acting as an associate, publication of a brief and dignified announcement to lawyers;
6. If in media, those acts incidental to his practice and not of his own initiative;
7. Writing legal articles;
8. Activity of an association for the purpose of legal representation.

Rule 2.04. A lawyer shall not charge rates lower than those customarily prescribed unless the circumstances so
warrant.

This rule prohibits the competition in the matter of charging professional fees for the purpose of attracting
clients in favor of the lawyer who offers lower rates. The rule does not prohibit a lawyer from charging a reduced
fee or none at all to an indigent or to a person who would have difficulty paying the fee usually charged for such
services.

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

CANON 3. A lawyer in making known his legal services shall use only true, honest, fair, dignified and objective
information or statement of facts.

A lawyer shall not use false, fraudulent, misleading, or self-laudatory statements regarding his qualifications as
such.

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Rule 3.01. A lawyer shall not use or permit the use of any false, fraudulent, misleading, deceptive, undignified,
self-laudatory or unfair statement or claim regarding his qualifications or legal services.

Prohibited advertisements (Section 27, CPE):

1. Through touters of any kind whether allied real estate firms or trust companies advertising to secure the
drawing of deeds or wills;
2. Offering retainers in exchange for executorships or trusteeships to be influenced by the lawyer;
3. Furnishing or inspiring newspaper comments concerning the manner of their conduct, the magnitude of
the interests involved, the importance of lawyer’s position, and all other like self-laudation.

If entering into other businesses which are not inconsistent with the lawyer’s profession, it is advisable that they
be entirely separate and apart such that a layman could distinguish between the two functions. If entering into
other businesses which are not inconsistent with the lawyer’s profession, it is advisable that they be entirely
separate and apart such that a layman could distinguish between the two functions.

Rule 3.02. In the choice of a firm name, no false, misleading or assumed name shall be used. The continued
use of the name of a deceased partner is permissible provided that the firm indicates in all its communications
that said partner is deceased.

The continued use of the name of a deceased partner is permissible provided that the firm indicates in all its
communications that said partner is deceased.

Firms may not use misleading names showing association with other firms to purport legal services of highest
quality and ties with multinational business enterprise especially when such firm attached as an associate
cannot legally practice law in the Philippines (Dacanay v. Baker and McKenzie, 1985).

Rule 3.03. Where a partner accepts public office, he shall withdraw from the firm and his name shall be dropped
from the firm name unless the law allows him to practice law concurrently.

It is unlawful for a public official or employee to, among others, 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 official functions. The inclusion or retention of the public official’s name in the professional card
constitutes as an unlawful continuance of engagement in private practice.

Rule 3.04. A lawyer shall not pay or give anything of value to representatives of the mass media in anticipation
of, or in return for, publicity to attract legal business.

This rule prohibits making indirect publicity gimmickry, such as furnishing or inspiring newspaper comments,
procuring his photograph to be published in connection with cases which he is handling, making a courtroom
scene to attract the attention of newspapermen, or arranging for the purpose an interview with him by the
media.

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

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.

A lawyer shall participate in the development of the legal system.

The Misamis Oriental Chapter of the IBP was commended by the Supreme Court when it promulgated a
resolution requesting the IBP’s National Committee on Legal Aid to ask for the exemption from the payment of
filing, docket and other fees of clients of the legal aid offices in the various IBP chapters (Re: Request of NCLA
to Exempt Legal Aid Clients from Paying Filing, Docket and Other Fees 2009).

e. Participation in legal education program

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 information regarding the law and jurisprudence.
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The lawyer’s life is one of continuous and laborious study; otherwise, his skill and knowledge of law and related
disciplines will lag behind and become obscure due to obsoleteness. A lawyer shall keep abreast of legal
developments and support efforts to achieve high standards in the law.

Mandatory Continuing Legal Education - A program which requires lawyers to show proof of having undertaken
improvement in their knowledge as a precondition for renewing their license to practice.

Atty. Echanez’s acts of: (a) not complying with two MCLEs for two compliance periods; (b) repeatedly indicating
false MCLE compliance numbers in his pleadings before the trial courts; and, (c) repeatedly failing to obey legal
orders of trial court, IBP Commission on Bar Discipline and also the Supreme Court despite due notice, taken
together, constitute serious cases that merit disbarment (Mapalad v. Atty. Echanez, 2017),

f. Lawyers in government service discharging their tasks

CANON 6. These canons shall apply to lawyers in government service in the discharge of their official duties.

Public office is a public trust. Lawyers in government cannot use their public positions to advance private
interests. Generally speaking, 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 official. However, if said misconduct as a
government official also constitutes a violation of his oath as a lawyer, then he may be disciplined by this Court
as a member of the Bar.

Rule 6.01. The primary duty of a lawyer engaged in public prosecution is not to convict, but to see that justice is
done. The suppression of facts or the concealment of witnesses capable of establishing the innocence of the
accused is highly reprehensible and is cause for disciplinary action.

Rule 6.02. A lawyer in the government service shall not use his public position to promote or advance his
private interests, nor allow the latter to interfere with his public duties.

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

General rule: Practice of profession is allowed immediately after leaving public service. Exception: The lawyer
cannot practice as to matters with which he had connection during his term. This prohibition lasts for one year, if
he had not intervened, or permanently, if he had.

The “matter” contemplated are those that are adverse-interest conflicts (substantial relatedness and adversity
between the government matter and the new client’s matter in interest) and congruent-interest representation
conflicts (prohibits lawyers from representing a private practice client even if the interests of the former
government client and the new client are entirely parallel). “Intervention” should be significant and substantial
which can or have affected the interest of others (PCGG v. Sandiganbayan, 2005).

Sec. 3(d) of R.A. No. 3019 (Anti-Graft and Corrupt Practices Act) also considers it an unlawful and corrupt
practice for a public official to accept or have any member of his family accept employment in a private
enterprise which has pending official business with him during the pendency of his office or within one year after
its termination.

2. The legal profession

a. Integrated Bar of the Philippines

Integration does not make a lawyer a member of any group of which he is not already a member. He became a
member of the Bar when he passed the Bar Examinations. All that integration actually does is to provide an
official national organization for the well-defined but unorganized and incohesive group of which every lawyer is
already a member [In the matter of the Integration of the Bar of the Philippines, 1973).

The IBP is essentially a semi-governmental entity, a private organization endowed with certain governmental
attributes. The basic postulate of the IBP is that it is nonpolitical in character and that there shall be neither
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lobbying nor campaigning in the choice of the IBP Officers. The fundamental assumption is that the officers
would be chosen on the basis of professional merit and willingness and ability to serve.

Purposes of the IBP (Sec. 2, IBP By-Laws):

1. To assist in the administration of justice;

2. To foster and maintain on the part of its members high ideals of integrity, learning, professional
competence, public service and conduct;
3. To safeguard the professional interest of its members;
4. To cultivate among its members a spirit of cordiality and brotherhood;
5. To provide a forum for the discussion of law, jurisprudence, law reform, pleading, practice and
procedure, and the relations of the bar to the bench and to the public, and publish information relating
thereto;
6. To encourage and foster legal education;
7. To promote a continuing program of legal research in substantive and adjective law and make reports
and recommendations thereon.

b. Membership and dues

Sec. 9, Rule 139-A. Membership Dues. – Every member of the IBP shall pay such annual dues as the Board of
Governors shall determine with the approval of the Supreme Court. A fixed sum equivalent to 10% of the
collection from each Chapter shall be set aside as a Welfare Fund for disabled members of the Chapter and the
compulsory heirs of deceased members thereof.

Sec. 10, Rule 139-A. Effect of non-payment of dues. – Subject to the provisions of Sec. 12 of this Rule, default
in the payment of annual dues for 6 months shall warrant suspension of membership in the IBP, and default in
such payment for 1 year shall be a ground for the removal of the name of the delinquent member from the Roll
of Attorneys.

A membership fee in the IBP is an exaction for regulation, while the purpose of a tax is revenue. If the Court has
inherent power to regulate the bar, it follows that as an incident to regulation, it may impose a membership fee
for that purpose.

A lawyer can engage in the practice of law only by paying his dues, and it does not matter if his practice is
“limited.” The exemption granted to senior citizens in R.A. No. 7432 (Seniors Citizen Act) does not include
payment of membership or association dues (Santos v. Llamas, 2000).

c. Upholding the dignity and integrity of the profession

CANON 7. A lawyer shall at all times uphold the integrity and dignity of the legal profession and support the
activities of the Integrated Bar.

The bar has to maintain a high standard of legal proficiency, honesty, and fair dealing to be an effective
instrument in the proper administration of justice. In order to do so, it is necessary that every lawyer should
strive to uphold the honor and dignity of the legal profession and to improve not only the law, but the
administration of justice as well.

Rule 7.01. A lawyer shall be answerable for knowingly making a false statement or suppressing a material fact
in connection with his application for admission to the bar.

A lawyer must be a disciple of truth. While a lawyer has the solemn duty to defend his client’s rights and is
expected to display the utmost zeal in defense of his client’s cause, his conduct must never be at the expense
of truth (Young v. Batuegas, 2003).

A student aspiring to be a lawyer must study and observe the duties and responsibilities of a lawyer. He cannot
claim that the CPR does not apply to him, particularly when he has committed concealment of material fact in
his application for the bar exam, especially if the misrepesentation is of a crime involving moral turpitude. If
what the applicant concealed is a crime which does not involve moral turpitude, it is the fact of concealment and
not the commission of the crime itself that makes him morally unfit to become a lawyer. It should be noted that
the application was made under oath, which he lightly took when he made the concealment.
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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.

A lawyer should not readily execute an affidavit of good moral character in favor of an applicant who has not
lived up to the standard set by law.

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.

Public confidence in the law and in lawyers may be eroded by the irresponsible and improper conduct of a
member of the bar. Every lawyer should act and comport himself in a manner that promotes public confidence
in the integrity of the legal profession.

There is no distinction as to whether the transgression is committed in the lawyer’s professional capacity or in
his private life or in his private transaction because a lawyer may not divide his personality so as to be an
attorney at one time and a mere citizen at another. The moral turpitude for which an attorney may be disbarred
may consist of misconduct in either his professional or nonprofessional activities, in his professional and private
capacity (Royong v. Oblena, 1963).

d. Courtesy, fairness, and candor towards professional colleagues

CANON 8. A lawyer shall conduct himself with courtesy, fairness and candor toward his professional
colleagues, and shall avoid harassing tactics against opposing counsel.

Lawyers should treat their opposing counsels and other lawyers with courtesy, dignity and civility. Mutual
bickering, unjustified recriminations and offensive behavior among lawyers not only detract from the dignity of
the legal profession, but also constitute highly unprofessional conduct subject to disciplinary action.

Rule 8.01. A lawyer shall not, in his professional dealings, use language, which is abusive, offensive or
otherwise improper.

A lawyer’s language should be forceful but dignified, emphatic but respectful, as befitting an advocate and in
keeping with the dignity of the legal profession (Surigao Mineral Reservation Board v. Cloribel, 1970).

The lawyer’s arguments, whether written or oral should be gracious to both the court and opposing counsel and
should be of such words as may be properly addressed by one gentleman to another. Lack or want of intention
is no excuse for the disrespectful language employed.

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.

A person without a retained lawyer is a legitimate prospective client for any lawyer. But, as soon as he had
retained one and had not dismissed said counsel, efforts on the part of another lawyer to take him as a client
constitutes as encroachment of employment. A lawyer is encroaching when he promises better service, lowers
attorney’s fees, and downgrades the qualifications or services of the first attorney.

e. No assistance in unauthorized practice of law

CANON 9. A lawyer shall not, directly or indirectly, assist in the unauthorized practice of law.

It is the signing of the Roll of Attorneys that finally makes one a full-fledged lawyer. Appearing as counsel even
before taking lawyer’s oath is unauthorized practice (Aguirre v. Rana, 2003).

Using the title “Attorney” in his name even though he is a Shari’a lawyer is unauthorized practice of law (Alawi
v. Alauya, 1997).

A corporation cannot engage in the practice of law directly or indirectly. It may only hire in-house lawyers to
attend to its legal business. A corporation cannot employ a lawyer to appear for others for its benefit. A

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corporation cannot perform the conditions required for membership to the bar. In addition, the confidential and
trust relation between an attorney and his client cannot arise if the attorney is employed by a corporation.

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.

The practice of law is limited only to individuals who have the necessary educational qualifications and good
moral character. Moreover, an attorney-client relationship is a strictly personal one. Lawyers are selected on
account of their special fitness through their learning or probity for the work at hand.

Rule 9.02. A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to
practice law, except:

a) Where there is a pre-existing agreement with a partner or associate that, upon the latter’s death, money
shall be paid over a reasonable period of time to his estate or to persons specified in the agreement; or
b) Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or
c) Where a lawyer or law firm includes non-lawyer employees in a retirement plan, even if the plan is
based in whole or in part, on a profitable sharing arrangement.

Allowing non-lawyers to get attorney’s fees would confuse the public as to whom they should consult. It would
leave the bar in a chaotic condition because non-lawyers are also not subject to disciplinary action.

An agreement between a union lawyer and a layman president of the union to divide equally the attorney’s fees
that may be awarded in a labor case violates this rule and is illegal and immoral (Amalgamated Laborers Assn.
v. CIR, 1968).

A donation by a lawyer to a labor union of part of his attorney’s fees taken from the proceeds of a judgment
secured by him for the labor union is improper because it amounts to a rebate or commission (Halili v. CIR,
1965).

3. The Courts

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

CANON 10. A lawyer owes candor, fairness and good faith to the court.

A lawyer is, first and foremost, an officer of the court. Accordingly, should there be a conflict between his duty to
his client and that to the court, he should resolve the conflict against the former and in favor of the latter, his
primary responsibility being to uphold the cause of justice.

Rule 10.01. A lawyer shall not do any falsehood, nor consent to the doing of any in court; nor shall he mislead,
or allow the court to be misled by any artifice.

A lawyer should not conceal the truth from the court, nor mislead the court in any manner no matter how
demanding hi duties to clients may be. His duties to his client should yield to his duty to deal candidly with the
court. For no client is entitled to receive from the lawyer any service involving dishonesty to the courts

Rule 10.02. A lawyer shall not knowingly misquote or misrepresent the contents of a paper, the language or the
argument of opposing counsel, or the text of a decision or authority, or knowingly cite as law a provision already
rendered inoperative by repeal or amendment, or assert as a fact that which has not been proved.

In citing the Supreme Court’s decisions, and rulings, it is the bounden duty of courts, judges and lawyers to
reproduce or copy the same word-for-word and punctuation mark-forpunctuation mark. Ever present is the
danger that if not faithfully and exactly quoted, the decisions and rulings may lose their proper and correct
meaning, to the detriment of other courts, lawyers and the public who may thereby be misled.

A mere typographical error in the citation of an authority is not contemptuous. But when misquotation is
intended, the lawyer is subject to disciplinary action (COMELEC v. Nonay,2003).

Rule 10.03. A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of
justice.
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Filing multiple actions constitutes an abuse of the court’s processes. Those who file multiple or repetitive
actions subject themselves to disciplinary action for incompetence or willful violation of their duties as attorneys
to act with good fidelity to the courts, and to maintain only such actions that appear to be just and consistent
with truth and honor.

A lawyer should not abuse his right of recourse to the courts for the purpose of arguing a cause that had been
repeatedly rebuffed.

b. Respect for courts and judicial officers

CANON 11. A lawyer shall observe and maintain the respect due to the courts and to judicial officers and
should insist on similar conduct by others.

Lawyers are duty bound to uphold the dignity and authority of the Court, to which they owe their fidelities, and to
promote the administration of justice. Respect to the courts guarantees the stability of other institutions.

If a pleading containing derogatory, offensive and malicious statements is submitted in the same court or judge
in which the proceedings are pending, it is direct contempt, equivalent to a misbehavior committed in the
presence of or so near a court or judge as to interrupt the administration of justice.

Rule 11.01. A lawyer shall appear in court properly attired.

Rule 11.02. A lawyer shall punctually appear at court hearings.

Non-appearance at hearings on the ground that the issue to be heard has become moot and academic is a
lapse in judicial propriety (De Gracia v. Warden of Makati, 1976).

Rule 11.03. A lawyer shall abstain from scandalous, offensive or menacing language or behavior before the
courts.

It is human nature that there be bitter feelings which often reach to the judge as the source of the supposed
wrong. A judge, therefore, ought to be patient, and tolerate everything which appears as but a momentary
outbreak of disappointment. Lawyers may not be held to too strict an account for words said in the heat of the
moment, because of chagrin at losing cases, and that the big way is for the court to condone even
contemptuous language. While judges must exercise patience, lawyers must also observe temperate language
as well (Soriano v. CA, 2001).

c. Assistance in the speedy and efficient administration of justice

Canon 12. A lawyer shall exert every effort and consider it his duty to assist in the speedy and efficient
administration of justice.

It is the duty of an attorney 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. The filing of another action containing
the same subject matter, in violation of the doctrine of res judicata, runs contrary to this canon

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 documents for comparison with the copies.

A newly hired counsel who appears in a case in the midstream is presumed and obliged to acquaint himself
with all the antecedent processes and proceedings that have transpired in the record prior to his takeover
(Villasis v. CA, 1974).

Rule 12.02. A lawyer shall not file multiple actions arising from the same cause.

There is an affirmative duty of a lawyer to check against useless litigations. His signature in every pleading
constitutes a certificate by him that to the best of his knowledge there is a good ground to support it and that it is
not to interpose for delay.

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Forum shopping – When, as a result or in anticipation of an adverse decision in one forum, a party seeks a
favorable opinion in another forum through means other than appeal or certiorari by raising identical causes of
action, subject matter, and issues. It also means the institution of involving the same parties for the same cause
of action, either simultaneously or successively, on the supposition that one or the other court would come out
with a favorable disposition.

Litis pendentia:

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. Identity of the two preceding particulars is such that any judgment rendered in the pending case,
regardless of which party is successful, would amount to res judicata in the other

Res judicata:

1. There be a decision on the merits;

2. It be decided by a court of competent jurisdiction;
3. The decision is final; and
4. The two actions involved identical parties, subject matter, and causes of action.

Failure to comply with the requirement of certification against forum shopping, whenever applicable, shall not be
curable by mere amendment of the complaint or other initiatory pleading but shall be cause for the dismissal of
the case without prejudice, unless otherwise provided, upon motion after hearing. This rule applies to pleadings
before quasi-judicial tribunals.

Submission of a false certification or noncompliance with any of the undertakings in a certification of non-forum
shopping shall constitute indirect contempt of court, without prejudice to the corresponding administrative and
criminal actions.

Rule 12.03. A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda or briefs, let the
period lapse without submitting the same or offering an explanation for his failure to do so.

Rule 12.04. A lawyer shall not unduly delay a case, impede the execution of a judgment or misuse court
processes.

Once a judgment becomes final and executory, the prevailing party should not be denied the fruits of his victory
by some subterfuge devised by the losing part. Unjustified delay in the enforcement of a judgment sets at
naught the role of courts in disposing justiciable controversies with finality.

If a lawyer is honestly convinced of the futility of an appeal in a civil suit, he should not hesitate to inform his
client that mostly likely the verdict will not be altered. A lawyer should temper his client’s desire to seek
appellate review.

Rule 12.05. A lawyer shall refrain from talking to his witness during a break or recess in the trial, while the
witness is still under examination.

Rule 12.06. A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate another.

Subornation of perjury is committed by a person who knowingly and willfully procures another to swear falsely
and the witness suborned (or induced) does testify under circumstances rendering him guilty of perjury (US v.
Ballena, 1911).

Rule 12.07. A lawyer shall not abuse, browbeat or harass a witness nor needlessly inconvenience him.

It was highly inconsiderate for the prosecutor and the defense counsel to trade quips at the precise time the
victim was reliving her harrowing experience. Levity has no place in the courtroom during the examination of the
victim of rape and at her expense. (People v. Nuguid, 2004).

Rule 12.08. A lawyer shall avoid testifying in behalf of his client, except:

a) On formal matters, such as the mailing, authentication or custody of an instrument, and the like; or
b) On substantial matters, in cases where his testimony is essential to the ends of justice, in which event
he must, during his testimony, entrust the trial of the case to another counsel.
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 d. Reliance on merits of case, not on impropriety tending to influence the courts

CANON 13. A lawyer shall rely upon the merits of his cause and refrain from any impropriety which tends to
influence or gives the appearance of influencing the court.

The judiciary, as the branch of government tasked to administer justice, to settle justiciable controversies or
disputes involving enforceable and demandable rights, and to afford redress of wrongs for the violation of said
rights must be allowed to decide cases independently, free of outside influence or pressure.
‘
The Court will not hesitate in future similar situations to apply the full force of the law and punish for contempt
those who attempt to pressure the Court into acting one way or the other in any case pending before it.
Grievances, if any, must be ventilated through the proper channels, i.e., through appropriate petitions, motions
or other pleadings in keeping with the respect due to the Courts as impartial administrators of justice entitled to
"proceed to the disposition of its business in an orderly manner, free from outside interference obstructive of its
functions and tending to embarrass the administration of justice."

Rule 13.01. A lawyer shall not extend extraordinary attention or hospitality to, nor seek opportunity for
cultivating familiarity with Judges.

It is improper for a litigant or counsel to see a judge in chambers and talk to him about a matter related to the
case pending in the court of said judge (Austria v. Masaquel, 1967).

It is highly improper for a judge to meet privately with an accused who has a pending case before him, without
the presence of the other party (Gallo v. Cordero, 1995).

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.

In the original decision of the Supreme Court in Re: Request Radio-TV Coverage of the Trial in the
Sandiganbayan of the Plunder Cases against Former President Joseph Estrada, A.M. No. 01-4-03-SC (2001), it
was held that the propriety of granting or denying the petition involves the weighing out of the constitutional
guarantees of freedom of the press and the right to public information, on the one hand, and the fundamental
rights of the accused, on the other hand, along with the constitutional power of a court to control its proceedings
in ensuring a fair and impartial trial. It was held that when these rights race against one another, the right of the
accused must be preferred to win, considering the possibility of losing not only the precious liberty but also the
very life of an accused.

In the resolution of the motion for reconsideration, the Supreme Court allowed the video recording of
proceedings, but provided that the release of the tapes for broadcast should be delayed. In so doing, concerns
that those taking part in the proceedings will be playing to the cameras and will thus be distracted from the
proper performance of their roles – whether as counsel, witnesses, court personnel, or judges– will be allayed.

In order to warrant a finding of prejudicial publicity, there must be an allegation and proof that the judges had
been unduly influenced, not simply that they might be (People v. Teehankee Jr., 1995).

Rule 13.03. A lawyer shall not brook or invite interference by another branch or agency of the government in the
normal course of judicial proceedings.

4. The clients

The attorney-client privilege is strictly personal, highly confidential, and fiduciary.

Documentary formalism is not an essential element in the employment of an attorney; the contract may be
express or implied. To establish the relation, it is sufficient that the advice and assistance of an attorney is
sought and received in any matter pertinent to his profession [Pacana v. Pascual-Lopez, 2009).

a. Availability of service without discrimination

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CANON 14. A lawyer shall not refuse his services to the needy.

Generally, a lawyer is not obliged to act as legal counsel for any person who may wish to become his client. He
has the right to decline employment, particularly if it will cause conflict of interest. Exceptions:

1. A lawyer shall not refuse his services to the needy.

2. A lawyer shall not decline to represent a person solely on account of the latter’s race, sex, creed or
status of life, or because of his own opinion regarding the guilt of said person.
3. A lawyer may not refuse to accept representation of an indigent client unless:
a. He is in no position to carry out the work effectively or competently; or
b. He labors under a conflict of interest between him and the prospective client or between a
present client and the prospective client.

Indigent – A person who has no visible means of income or whose income is insufficient for the subsistence of
his family, to be determined by the fiscal or judge, taking into account the members of his family dependent
upon him for subsistence (Section 2, R.A. 6033).

i. Services regardless of person’s status

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

It is the duty of an attorney, in the defense of a person accused of a 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.

ii. Services as counsel de officio

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

A court may assign an attorney to render professional aid free of charge to any party in a case, if upon
investigation it appears that the party is destitute and unable to employ an attorney, and that the services of
counsel are necessary to secure the ends of justice and to protect the rights of the party.

Counsel de officio – One appointed or assigned by the court.

Counsel de parte – One employed or retained by the party himself.

Amicus Curiae – A friend of the court; a person with strong interest in or views on the subject matter of an
action, but not a party to the action. They commonly file briefs concerning matters of broad public interest.

Appointment of counsel de officio in criminal cases:

1. A member of the bar in good standing who, by reason of their experience and ability can competently
defend the accused.
2. In localities without lawyers:
a. Any person, resident of the province and of good repute for probity and ability (MTC only)
b. A municipal judge or a lawyer employed in any branch, subdivision or instrumentality of the
government within the province.

In criminal cases, the appointment of counsel de officio shall be made before arraignment. In appeals, it is the
duty of the clerk of the trial court, upon filing of a notice of appeal, to ascertain from the appellant, if confined in
prison, whether he desires the Regional Trial Court, Court of Appeals or the Supreme Court to appoint a
counsel de officio (Sec. 13, Rule 122, RoC).

iii. Valid grounds for refusal

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Rule 14.03. A lawyer may not refuse to accept representation of an indigent client unless:

1. He is in no position to carry out the work effectively or competently;

2. He labors under a conflict of interest between him and the prospective client or between a present client
and the prospective client.

Even if the lawyer does not accept a case, he shall not refuse to render legal advice to the person concerned if
only to the extent necessary to safeguard the latter’s rights.

Rule 14.04. A lawyer who accepts the cause of a person unable to pay his professional fees shall observe the
same standard of conduct governing his relations with paying clients.

If a lawyer volunteers his services to a client, and is therefore not entitled to attorney’s fees, he is still bound to
attend to a client’s case with all due diligence and zeal.

b. Candor, fairness, and loyalty to clients

CANON 15. A lawyer shall observe candor, fairness and loyalty in all his dealings and transactions with his
clients.

i. Confidentiality rule

Confidential communication – Information transmitted by voluntary act of disclosure between attorney and client
in confidence and by means 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 which it was given.

Question of privilege is determined by the court. The burden of proof is on the party who asserts the privilege.

ii. Privileged communication

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

Requisites for the privilege to attach:

1. That the person to whom information is given is a lawyer;

a. However, if a person is pretending to be a lawyer and client discloses confidential
communications, the attorney-client privilege applies (estoppel);
b. This includes persons appointed as counsel de officio.
2. There is a legal relationship existing, except in cases of prospective clients;
3. Legal advice must be sought from the attorney in his professional capacity with respect to
communications relating to that purpose; and
4. The client must intend that the communication be confidential.

The privilege extends to:

1. The lawyer, client, and third persons who, by reason of their work, have acquired information about the
case being handled, including:
a. Attorney’s secretary, stenographer and clerk;
b. Interpreter, messengers, or agents transmitting communication;
c. Accountant, scientist, physician, or engineer who has been hired for effective consultation.
2. Assignee of the client’s interest as far as the communication affects the realization of the assigned
interest.

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If the crime was committed in the past, the privilege applies. If it is still to be committed, the privilege does not
apply because the communication between a lawyer and his client must be for a lawful purpose or in
furtherance of a lawful end to be privileged (People v. Sandiganbayan, G.R. No. 115439, 1996).

An attorney cannot, without the consent of his client, be examined as to any communication made by the client
to him or his advice given thereon in the course of professional employment; nor can an attorney’s secretary,
stenographer, or clerk be examined, without the consent of the client and his employer, concerning any fact the
knowledge of which has been acquired in such capacity.

As a matter of public policy, the client’s identity generally is not covered by the privilege, except in the following
cases:

1. Where a strong probability exists that revealing the client's name would implicate that client in the very
activity for which he sought the lawyer's advice;
2. Where disclosure would open the client to civil liability; or
3. Where the government's lawyers have no case against an attorney's client unless, by revealing the
client’s name, the said name would furnish the only link that would form the chain of testimony
necessary to convict an individual of a crime.

Information relating to the identity of the client may fall within the ambit of the privilege when the client’s name
itself has an independent significance, such that disclosure would then reveal client confidences.

General rule: The protection given to the client is perpetual and does not cease with the termination of the
litigation, nor is it affected by the client’s ceasing to employ the attorney and retaining another, or by any other
change of relation between them.

Exception: Some privileged communications lose their privileged character by some supervening act done
pursuant to the purpose of the communication (e.g., a communication intended by the client to be sent to a third
person through his attorney loses confidential character once it reaches the third party).

iii. Conflict of interest

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

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

The rule prohibiting conflict of interest was fashioned to prevent situations wherein a lawyer would be
representing a client whose interest is directly adverse to any of his present or former clients.

There is conflict of interest when a lawyer represents inconsistent interests of two or more opposing parties
(Hornilla v. Salunat, 2003).

Where a lawyer is disqualified from appearing as counsel in a case because of conflict of interest with the law
firm of which he is a member, any member, associate, or assistant therein is similarly disqualified or prohibited
from so acting (Hilado v. David, 1949).

Requisites for conflict of interest:

1. There are conflicting duties;

2. The acceptance of the new relations invites or actually leads to unfaithfulness or double-dealing;
3. The attorney will be called upon to use against his first client any knowledge acquired in the previous
employment.

Tests of conflict of interest:

1. Whether the acceptance of a new relation will prevent an attorney from the full discharge of his duty of
undivided fidelity and loyalty to his client or invite suspicion of unfaithfulness or double-dealing in its
performance.
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 2. If the acceptance of the new retainer will require the attorney to perform an act which will injuriously
affect his first client in any matter in which he represented him and also whether he will be called upon
in his new relation to use against the first client any knowledge acquired through their connection.

3. Whether or not on behalf of one client, it is the lawyer’s duty to fight for an issue or claim, but it is his
duty to oppose it for the other client.

4. Whether the lawyer will be asked to use against his former client any confidential information acquired
through their connection or previous employment.

Exception to the proscription against conflict of interest: Representation is allowed where the clients knowingly
consent to the dual representation.

Exception to the exception: A lawyer cannot continue representing a client in an action even with the client’s
consent after the lawyer brings suit in his own behalf, against the defendant if it is uncertain whether the
defendant will be able to satisfy both judgments. A lawyer is not authorized to have financial stakes in the
subject matter of the suit brought in behalf of his client (Gamilla v. Marino Jr, 2003).

Rule 15.04. A lawyer may, with the written consent of all concerned, act as mediator, conciliator or arbitrator in
settling disputes.

An attorney’s knowledge of the law and his reputation for fidelity may make it easy for the disputants to settle
their differences amicably. However, he shall not act as counsel for any of them.

iv. Candid and honest advice to clients

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

Lawyers are not merely hired employees who must unquestionably do the bidding of the client, however
unreasonable this may be, when tested by their own expert appreciation of the facts, applicable law and
jurisprudence. Counsel must counsel.

v. Compliance with laws

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

A lawyer is required to represent his client within the bounds of law. He is enjoined to employ only fair and
honest means to attain the lawful objectives of his client and not to allow his client to dictate the procedure in
handling the case.

vi. Concurrent practice with another profession

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

Exercise of dual profession is not prohibited but a lawyer must make it clear when he is acting as a lawyer or
when he is acting in another capacity, especially in occupations related to the practice of law. Impropriety rises
only when the business is conducted in a manner inconsistent with his duties as a member of the bar.

c. Client's money and properties

CANON 16. A lawyer shall hold in trust all moneys and properties of his client that may come into his
possession.

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Lawyers cannot acquire or purchase, even at a public or judicial auction, either in person or through the
mediation of another, the property and rights which may be the object of any litigation in which they take part by
virtue of their profession (Art. 1491(5), Civil Code).

i. Fiduciary relationship

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

When a lawyer collects or receives money from his client for a particular purpose (such as for filing fees,
registration fees, transportation and office expenses), he should promptly account to the client how the money
was spent. If he does not use the money for its intended purpose, he must immediately return it to the client.

The fact that a lawyer has a lien for fees on money in his hands would not relieve him from the duty of promptly
accounting for the funds received.

ii. Co-mingling of funds

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

A lawyer should not commingle a client’s money with that of other clients and with his private funds, nor use the
client’s money for his personal purposes without the client’s consent.

iii. Delivery of funds

Rule 16.03. A lawyer shall deliver the funds and property of his client when due or upon demand. However, he
shall have a lien over the funds and may apply so much thereof as may be necessary to satisfy his lawful fees
and disbursements, giving notice promptly thereafter to his client. He shall also have a lien to the same extent
on all judgments and executions he has secured for his client as provided for in the Rules of Court.

When an attorney unjustly retains in his hands money of his client after it has been demanded, he may be
punished for contempt as an officer of the Court who has misbehaved in his official transactions; but
proceedings under Sec. 25, Rule 138 shall not be a bar to criminal prosecution.

But, a lawyer is not entitled to unilaterally appropriate his client’s money for himself by the mere fact alone that
the client owes him attorney’s fees. The fact alone that a lawyer has a lien for fees on moneys in his hands
collected for his client does not relieve him of his duty to promptly account for the moneys received; his failure
to do so constitutes professional misconduct (Rayos v. Hernandez, 2007).

iv. Borrowing or lending

Rule 16.04. A lawyer shall not borrow money from his client unless the client’s interests are fully protected by
the nature of the case or by independent advice. Neither shall a lawyer lend' money to a client except when, in
the interest of justice, he has to advance necessary expenses in a legal matter he is handling for the client.

A lawyer is prohibited from borrowing money from his client. The canon presumes that the client is
disadvantaged by the lawyer’s ability to use all the legal maneuverings to renege on her obligation.

The profession demands from the attorney an absolute abdication of every personal advantage conflicting in
any way, directly or indirectly, with the interest of his client.

A lawyer is prohibited from lending money to his client. The canon intends to assure the lawyer’s independent
professional judgment, for if the lawyer acquires a financial interest in the outcome of the case, the free
exercise of his judgment may be adversely affected. Exception: When, in the interest of justice, he has to
advance necessary expenses in a legal matter he is handling.

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The following persons cannot acquire by purchase, even in a public action, either in person or through the
mediation of another, property and rights in litigation, before the court within whose jurisdiction, they exercise
the irrespective functions (Art. 1491, Civil Code):

1. Justices, Judges, Prosecuting Attorneys

2. Clerks, officers and employees connected with the administration of justice
3. Lawyers with respect to property rights which may be the object of litigation, in which they may take part
by virtue of their profession.

d. Fidelity to client's cause

CANON 17. A lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and confidence
reposed in him.

i. Use of fair and honest means

Rule 19.01. A lawyer shall employ only fair and honest means to attain the lawful objectives of his client and
shall not present, participate in presenting or threaten to present unfounded criminal charges to obtain an
improper advantage in any case or proceeding.

It is the duty of an attorney to employ, for the purpose of maintaining the causes confided to him, such means
only as are 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.

A lawyer should not file or threaten to file any unfounded or baseless criminal case or cases against the
adversaries of his client designed to secure a leverage to compel adversaries to yield or withdraw their own
cases against the lawyer’s client (Pena v. Aparicio, 2007).

ii. Client's fraud

Rule 19.02. A lawyer who has received information that his client has, in the course of the representation,
perpetrated a fraud upon a person or tribunal, shall promptly call upon the client to rectify the same, and failing
which he shall terminate the relationship with such client in accordance with the Rules of Court.

This rule merely requires the lawyer to terminate his relationship with the client in the event the latter fails or
refuses to rectify the fraud. The lawyer may not volunteer the information concerning the client’s commission of
fraud to anyone, as it will violate his obligation to maintain the client’s secrets undisclosed.

iii. Procedure in handling cases

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

An attorney may not impair, compromise, settle, surrender, or destroy rights without his client's consent. A
lawyer has no implied authority to waive his client’s right to appeal or to withdraw a pending appeal. If a lawyer
believes that the appeal of his client is frivolous, he cannot move to dismiss the appeal, without the consent of
his client. His remedy is to withdraw from the case.

An attorney is presumed to be properly authorized to represent any cause in which he appears in all stages of
the litigation and no written authority is required to authorize him to appear.

e. Competence and diligence

CANON 18. A lawyer shall serve his client with competence and diligence.

A lawyer must exercise ordinary diligence or that reasonable degree of care and skill having reference to the
character of the business he undertakes to do, as any other member of the bar similarly situated commonly
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possesses and exercises. In the absence of evidence on the contrary, however, a lawyer is presumed to be
prompt and diligent in the performance of his obligations 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.

i. Adequate protection

Rule 18.02. A lawyer shall not handle any legal matter without adequate preparation.

A lawyer should safeguard his client’s rights and interests by thorough study and preparation, mastering
applicable law and facts involved in a case, and keeping constantly abreast of the latest jurisprudence and
developments in all branches of the law. The lawyer’s diligence and dedication to his work and profession not
only promote the interest of his client it likewise helps attain the ends of justice by contributing to the proper and
speedy administration of cases, bring prestige of the bar and maintain respect to the legal profession.

ii. Negligence

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

General rule: A client is bound by the attorney’s conduct, negligence and mistake in handling the case or in
management of litigation and in procedural technique, and he cannot be heard to complain that the result might
have been different had his lawyer proceeded differently.

Doctrine of Imputed Knowledge – Notice to counsel is notice to client.

Exceptions: The client is not so bound where the ignorance, incompetence or inexperience of a lawyer is so
great and error so serious that the client, who has good cause, is prejudiced and denied a day in court (People
v. Manzanilla, 1922).

iii. Collaborating counsel

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

A collaborating counsel is a lawyer who is subsequently engaged to assist another lawyer already handling a
particular case for a client. He cannot just enter his appearance as collaborating counsel without the conformity
of the first counsel. The same diligence of the first counsel is required of the collaborating counsel.

iv. Duty to apprise client

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

Even if the lawyer was honestly and sincerely protecting the interests of his client, he still does not have the
right to waive the appeal without the knowledge and consent of his client (Abay v. Montesino, 2003).

The client should not, however, sit idly by. It is also his duty to make proper inquiries from his counsel
concerning his case, in keeping with that standard of care which an ordinarily prudent man bestows upon his
important business.

f. Representation with zeal within legal bounds

CANON 19. A lawyer shall represent his client with zeal within the bounds of the law.

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A lawyer’s duty is not to his client but to the administration of justice; To that end, his client’s success is wholly
subordinate and his conduct ought to and must always be unscrupulously observant of law and ethics
(Magsalang v. People, 1990).

g. Attorney's fees

CANON 20. A lawyer shall charge only fair and reasonable fees.

Any counsel worthy of his hire is entitled to be fully recompensed for his services. With his capital consisting
solely of his brains and with his skill, acquired at tremendous cost not only in money but in the expenditure of
time and energy, he is entitled to the protection of any judicial tribunal against any attempt of the part of the
client to escape payment of his fees.

Subject to the availability of funds, the court may, in its discretion, order an attorney employed as counsel de
officio to be compensated in such a sum as the court may fix in accordance with Sec. 24, Rule 138, RoC.

When a lawyer cannot recover the full amount stipulated in the contract:

1. When the services were not performed, and if the lawyer withdrew before the case was finished, he will
be allowed only reasonable fees;
2. When there is justified dismissal of an attorney, the contract will be nullified and payment will be on
quantum meruit basis;
3. When the stipulated fees are unconscionable or unreasonable;
4. When the stipulated fees are in excess of what is expressly provided by law;
5. When the lawyer is guilty of fraud or bad faith in the manner of his employment;
6. When the counsel’s services are worthless because of negligence;
7. When the contract is contrary to laws, morals, and good policies.

The absence of a formal contract will not negate the payment of attorney’s fees because the contract may be
express or implied. In the absence of an express contract, payment of attorney’s fees may be justified by virtue
of the innominate contract of facio ut des (I do and you give) which is based on the principle that “no one shall
enrich himself at the expense of another.”

Rule 20.01. A lawyer shall be guided by the following factors in determining his fees:

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

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 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.

i. Acceptance fees

Acceptance of money from a client establishes an attorney-client relationship and gives rise to the duty of
fidelity to the client’s cause

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 ii. Contingency fee arrangements

A contingent contract is an agreement in which the lawyer’s fee, usually a fixed percentage of what may be
recovered i the action, is made to depend upon the success in the effort to enforce or defend the client’s right.
The lawyer does not undertake to shoulder the expenses of litigation. This is a valid agreement.

iii. Champertous contracts

A champertous contract is one where the lawyer stipulates with his client that he will bear all the expenses for
the prosecution of the case, the recovery of things or property being claimed, and the latter pays only upon
successful litigation. This type of contract is void for being against public policy.

iv. Attorney's liens

Retaining Lien – An attorney shall have a lien upon the funds, documents and papers of his client which have
lawfully come into his possession. Thus, he may retain the same until his lawful fees and disbursements have
been paid, and then apply such funds to the satisfaction thereof.

Charging Lien - He shall also have a lien to the same extent upon all judgments for the payment of money, and
executions issued in pursuance of such judgments, which he has secured in a litigation of his client. This lien
exists from and after the time when he shall have caused: (a) A statement of his claim of such lien to be entered
upon the records of the court rendering such judgment, or issuing such execution; and Written notice thereof to
be delivered to his client and to the adverse party.

RETAINING LIEN CHARGING LIEN

NATURE
Passive lien. It cannot be actively enforced. It is a Active lien. It can be enforced by execution. It is a
general lien. special lien.
BASIS
Lawful possession of funds, papers, documents, Securing of a favorable money judgment for client
property belonging to client
COVERAGE
Covers only funds, papers, documents, and property Covers all judgments for the payment of money and
in the lawful possession of the attorney by reason of executions issued in pursuance of such judgment
his professional employment
EFFECTIVITY
As soon as the lawyer gets possession of the funds, As soon as the claim for attorney’s fees had been
papers, documents, property entered into the records of the case
APPLICABILITY
May be exercised before judgment or execution, or Generally, it is exercisable only when the attorney had
regardless thereof already secured a favorable judgment for his client
NOTICE
Client need not be notified to make it effective Client and adverse party need to notified to make it
effective

v. Fees and controversies with clients (Quantum Meruit)

Rule 20.04. A lawyer shall avoid controversies with clients concerning his compensation and shall resort to
judicial action only to prevent imposition, injustice or fraud.

QUANTUM MERUIT: “as much as a lawyer deserves.”

Essential requisite: Acceptance of the benefits by one sought to be charged for services rendered under
circumstances as reasonably to notify him that lawyer expects compensation.

When authorized:

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 1. The agreement as to counsel fees is invalid for some reason other than the illegality of the object of
performance;
2. There is no express contract for attorney’s fees agreed upon between the lawyer and the client;
3. When although there is a formal contract of attorney’s fees, the stipulated fees are found
unconscionable or unreasonable by the court;
4. When the contract for attorney’s fees is void due to purely formal matters or defects of execution;
5. When the counsel, for justifiable cause, was not able to finish the case to its conclusion;
6. When lawyer and client disregard the contract of attorney’s fees;
7. When there is a contract, but no stipulation as to attorney’s fees.

A determination of all these factors would indispensably require nothing less than a full-blown trial where private
respondent can adduce evidence to establish its right to lawful attorney's fees and for petitioner to oppose or
refute the same.

Suit in assumpsit – A case filed by a lawyer against the client for the collection of unpaid attorney’s fees. This is
not prohibited, but is frowned upon, as the lawyer must at all cost avoid all controversies with the client
regarding compensation. Nevertheless, the lawyer must not be brought down to the level of a pauper, begging
to be paid attorney’s fees due him.

vi. Concepts of attorney's fees

Ordinary concept – An attorney’s fee is the reasonable compensation paid to a lawyer for the legal services he
has rendered to a client. Its basis of this compensation is the fact of employment by the client.

Extraordinary concept – An attorney’s fee is an indemnity for damages ordered by the court to be paid by the
losing party to the prevailing party in 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 they have agreed that the award shall pertain to the lawyer
as additional compensation or as part thereof (Traders Royal Bank Employees Union-Independent v. NLRC,
1997).

h. Preservation of client's confidences

CANON 21. A lawyer shall preserve the confidence and secrets of his client even after the attorney-client
relation is terminated.

It is the duty of an attorney 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

Criminal liability may be imposed on any lawyer who, by any malicious breach of professional duty or of
inexcusable negligence or ignorance, reveals any of the secrets of the latter learned by him in his professional
capacity. Likewise, it shall be imposed upon a lawyer who, having undertaken the defense of a client or having
received confidential information from said client in a case, undertakes the defense of the opposing party in the
same case, without the consent of his first client (Art. 209, RPC).

i. Prohibited disclosures and use

Rule 21.02. A lawyer shall not, to the disadvantage of his client, use information acquired in the course of
employment, nor shall he use the same to his own advantage or that of a third person, unless the client with full
knowledge of the circumstances consents thereto.

Rule 21.03. A lawyer shall not, without the written consent of his client, give information from his files to an
outside agency seeking such information for auditing, statistical, bookkeeping, accounting, data processing, or
any similar purpose.

Rule 21.05. A lawyer shall adopt such measures as may be required to prevent those whose services are
utilized by him from disclosing or using confidences or secrets of the client.

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Rule 21.06. A lawyer shall avoid indiscreet conversation about a client’s affairs even with members of his
family.

Rule 21.07. A lawyer shall not reveal that he has been consulted about a particular case except to avoid
possible conflict of interest.

ii. Disclosures, when allowed

Rule 21.01. A lawyer shall not reveal the confidences or secrets of his client except:

a) When authorized by the client after acquainting him of the consequences of the disclosure;
b) When required by law;
c) When necessary to collect his fees or to defend himself, his employees or associates or by judicial
action.

Rule 21.04. A lawyer may disclose the affairs of a client of the firm to partners or associates thereof unless
prohibited by the client.

i. Withdrawal of services

CANON 22. A lawyer shall withdraw his services only for good cause and upon notice appropriate in the
circumstances.

An attorney-client relationship may be terminated by the client, the lawyer, or by the court for reasons beyond
the parties’ control. The termination entails certain duties on the part of the client and his lawyer. The causes
may be as follows:

1. Withdrawal of the lawyer;

2. Death of the lawyer;
3. Disbarment or suspension of the lawyer from the practice of law;
4. Declaration of presumptive death of the lawyer;
5. Conviction of a crime and imprisonment of the lawyer;
6. Discharge or dismissal of the lawyer by the client;
7. Appointment or election of a lawyer to a government position which prohibits private practice of law;
8. Death of the client;
9. Intervening incapacity or incompetence of the client during pendency of case;
10. Full termination of the case.

General rule: The client has the right to discharge his attorney at any time with or without just cause or even
against his consent.

Exceptions:

1. The client cannot deprive his counsel of right to be paid services if the dismissal is without cause.
2. The client cannot discharge his counsel as an excuse to secure repeated extensions of time.
3. Notice of discharge is required for both the court and the adverse party

Rule 22.01. A lawyer may withdraw his services in any of the following cases:

a) When the client pursues an illegal or immoral course of conduct in connection with the matter he is
handling;
b) When the client insists that the lawyer pursue conduct violative of these canons and rules;
c) When his inability to work with co-counsel will not promote the best interest of the client;
d) When the mental or physical condition of the lawyer renders it difficult for him to carry out the
employment effectively;
e) When the client deliberately fails to pay the fees for the services or fails to comply with the retainer
agreement;
f) When the lawyer is elected or appointed to public office; and
g) Other similar cases.

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General rule: The withdrawal in writing, with the client’s conformity, does not require the approval of the court to
be effective.

Exception: If no new counsel has entered his appearance, the court may, in order to prevent a denial of a
party’s right to the assistance of counsel require that the lawyer’s withdrawal be held in abeyance until another
lawyer shall have appeared for the party (Villasis v. CA, 1974).

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

Rule 22.02. A lawyer who withdraws or is discharged shall, subject to a retaining lien, immediately turn over all
papers and property to which the client is entitled, and shall cooperate with his successor in the orderly transfer
of the matter, including all information necessary for the proper handling of the matter.

The offensive attitude of a client is not an excuse to just disappear and withdraw from a case without notice to
the court and to the client, especially when attorney’s fees have already been paid (Chang v. Hidalgo, 2016).

C. SUSPENSION, DISBARMENT, AND DISCIPLINE OF LAWYERS

Pertinent law – Rule 139-B, as amended by B.M. No. 1645

In all cases of disbarment, suspension, and discipline of lawyers, the protective or preservative aspect is
primary, and the punitive aspect is only secondary. Its main purpose is to protect the public against
unscrupulous acts of lawyers.

1. Nature and characteristics of disciplinary actions against lawyers

a. Sui generis

Disciplinary proceedings are sui generis, i.e. they belong to a class of their own. They are neither purely civil
nor purely criminal; they do not involve a trial of an action or a suit but are rather an investigation by the Court
into the conduct of its officers. They may be initiated by the Court motu proprio.

Public interest is the primary objective, and the real question for determination is whether or not the attorney is
still a fit person to be allowed the privileges as such (In Re: Almacen supra.; Itong v. Florendo, 2011).

Any interested person or the court motu proprio may initiate disciplinary proceedings. The right to institute
disbarment proceedings is not confined to clients nor is it necessary that the person complaining suffered injury
from the alleged wrongdoing.

The burden of proof in disbarment and suspension proceedings always rests on the shoulders of the
complainant. The Court exercises its disciplinary power only if the complainant establishes that imposition of the
harsh penalty is warranted. As a rule, an attorney enjoys the legal presumption that he is innocent of the
charges made against him until the contrary is proved. The evidentiary threshold in disbarment proceedings is
substantial evidence.

b. Prescription of actions

In Frias v. Bautista-Lozada, A.C. No. 6656 (2006), the Supreme Court, citing Calo v. Degamo, A.C. No. 516
(1967) and Heck v. Santos, A.M. No. RTJ-01-1657 (2004), declared that the defense of prescription does not lie
in administrative proceedings against lawyers, for an administrative complaint against a member of the bar
does not prescribe.

Other Rules on disciplinary actions:

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 1. Investigation is not interrupted or terminated by reason of the desistance, settlement, compromise,
restitution, withdrawal of the charges, or failure of the complainant to prosecute the same.

2. Proceedings against attorneys shall be private and confidential. However, the final order of the
Supreme Court shall be published like its decisions in other cases.

3. Laws dealing with double jeopardy, in pari delicto, prescription or with procedure such as verification of
pleadings and prejudicial questions have no application to disbarment proceedings.

4. Because the proceedings are distinct from and proceed independently of civil or criminal cases,
whatever has been decided in the disbarment case cannot be a source of right that may be enforced in
another action. At beast, such judgment may only be given weight when introduced as evidence, but in
no case does it bind the court in the civil action (Esquivas v. CA).

5. The disbarment proceedings do not violate the due process clause. The proceeding itself, when
instituted in the proper cases, is due process of law (In re: Montagne).

6. The rule in criminal cases that the penalty cannot be imposed in the alternative applies in administrative
disciplinary cases, which also involve punitive sanctions (Navarro v. Meneses III).

7. Monetary claims cannot be granted except restitution and return of monies and properties of the client
given in the course of the lawyer-client relationship.

2. Grounds

Sec. 27, Rule 138. Attorneys removed or suspended by Supreme Court on what grounds. — A member of the
bar may be removed or suspended from his office as attorney by the Supreme Court for any deceit,
malpractice, or other gross misconduct in such office, grossly immoral conduct, or by reason of his conviction of
a crime involving moral turpitude, or for any violation of the oath which he is required to take before the
admission to practice, or for a willful disobedience of any lawful order of a superior court, or for corruptly or
willful appearing as an attorney for a party to a case without authority so to do. The practice of soliciting cases
at law for the purpose of gain, either personally or through paid agents or brokers, constitutes malpractice.

Grounds for disbarment or suspension:

1. Deceit, malpractice or other gross misconduct in office

2. Grossly immoral conduct
3. Conviction of a crime involving moral turpitude
4. Any violation of the lawyer’s oath
5. Willful disobedience of any lawful order of a superior court
6. Corruptly or willfully appearing as an attorney without authority so to do

The grounds are not exclusive. The enumeration is not to be taken as a limitation to the general power of courts
to suspend or disbar a lawyer. The inherent powers of the court over its officers cannot be restricted (Quingwa
v. Puno, 1967).

3. How instituted

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

1. The Supreme Court, motu propio; or

2. The IBP Board of Governors, motu propio, or upon referral by:
a. The Supreme Court;
b. Chapter Board of Officers;
c. At the instance of any person.

All charges against the following shall be filed with the Supreme Court:

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 1. Justices of the Court of Appeals;
2. Justices of the Sandiganbayan;
3. Judges of the Court of Tax Appeals; and
4. Judges of lower courts

Charges filed against justices and judges before the IBP shall immediately be forwarded to the Supreme Court
for disposition and adjudication.

4. Proceedings

Institution by any of the following:

1. The Supreme Court, motu propio
2. The IBP Board of Governors, motu propio, or upon
referral by
a) The Supreme Court,
b) Chapter Board of Officers, or
c) At the instance of any person
3. Upon verified complaint by any person

6 copies of the verified complaint shall be filed with the

Secretary of the IBP or Secretary of any of its chapter and
shall be forwarded to the IBP Board of Governors.

The complaint must allege specific acts which constitute

particular breaches of the law, the CPR, or ethics.
Otherwise, the complaint must fail.

Investigation by the National Grievance Investigators

within 3 months.

The respondent has the opportunity to defend himself, but

if he fails to appear, the investigation will proceed ex
parte.

Submission of investigative report to the IBP Board of

Governors.

The IBP Board of Governors reviews and decides within

30 days.

The Board then transmits its decision to the Supreme

Court within 10 days from resolution.

The Supreme Court reviews the decision of the IBP Board

of Governors and renders the final decision for
disbarment/suspension/dismissal.

The inherent power to discipline members of the bar belongs to the Supreme Court, not the IBP. The power to
disbar a lawyer is exclusive to it. Thus, no decision of the IBP is final. Such decisions are automatically elevated
to the Court for review (Maronilla v. Jorda, 2007).

In BAR MATTER N0. 1645 (RE: AMENDMENT OF RULE 139-B, dated October 13, 2015, the Supreme Court
issued new rules governing administrative disciplinary cases against lawyers:

 Investigation by the Solicitor General is no longer required.

 Only the Supreme Court can dismiss cases against lawyers; it cannot be delegated to the IBP. Thus,
the provision in Rule 139-B that the Board of Governors can dismiss cases has been repealed.
 The motive of the complainant and his/her in/action after the filing of the verified complaint is not
essential to the proceedings.

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 5. Discipline of Filipino lawyers who practice in foreign jurisdictions

If the disbarment of a person abroad was upon grounds also applicable in the Philippines, it shall be enough for
the SC to initiate a separate proceeding to determine the propriety of the disbarment for application locally.

A foreign court’s judgment ordering the suspension of a Filipino lawyer in that foreign country does not
automatically result in his suspension or disbarment in the Philippines. The judgment, resolution or order of the
foreign court or disciplinary agency shall be prima facie evidence of the ground for disbarment or suspension.

6. Sanctions

Disciplinary measures:

1. Warning, an act or fact of putting one on his guard against an impending danger, evil consequences or
penalties.
2. Admonition, a gentle or friendly reproof, mild rebuke, warning or reminder, counseling, on a fault, error
or oversight; an expression of authoritative advice.
3. Reprimand, a public and formal censure or severe reproof, administered to a person in fault by his
superior officer or a body to which he belongs. It is imposed on a minor infraction of the lawyer’s duty to
the court or client.
4. Suspension, a temporary withholding of a lawyer’s right to practice his profession as a lawyer for:
a. A definite period; or
b. An indefinite period, which amounts to qualified disbarment, in which case, the lawyer
determines for himself for how long or how short his suspension shall last by proving to court
that he is once again fit to resume practice of law.
5. Censure, an official reprimand.
6. Disbarment, the act of the Philippine Supreme Court in withdrawing from an attorney the privilege to
practice law and striking out the name of the lawyer from th roll of attorneys.
7. Interim suspension, the temporary suspension of a lawyer from the practice of law pending imposition
of final discipline. It includes:
a. Suspension upon conviction of a serious crime.
b. Suspension when the lawyer’s continuing conduct is likely to cause immediate and serious
injury to a client or public.
8. Probation, a sanction that allows a lawyer to practice law under specified conditions.

D. READMISSION TO THE BAR

The Supreme Court has the exclusive authority to reinstate a disbarred or indefinitely suspended lawyer,
stemming from its constitutional prerogative to issue rules and regulations concerning admission to the practice
of law.

1. Lawyers who have been suspended

Guidelines for lifting an order of suspension:

1. Upon expiration of the period of suspension, respondent shall file a sworn statement with the court,
through the Office of the Bar Confidant, stating therein that he or she has desisted from the practice of
law and has not appeared in any court during the period of his or her suspension;

2. Copies of the sworn statement furnished to the local chapter of the IBP and to the executive judge of
the courts where the respondent has pending cases handled by him or her, and/or where he or she has
appeared as counsel;

3. The sworn statement shall be considered as proof of respondent’s compliance with the order of
suspension;

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 4. Any finding or report contrary to the statements made by the lawyer under oath shall be a ground for
the imposition of a more severe punishment or disbarment, as may be warranted.

2. Lawyers who have been disbarred

The sole objective of reinstatement is to determine whether or not the applicant has satisfied and convinced the
court by positive evidence that the effort he has made toward the rehabilitation of his character has been
successful (In re: Rusuina, 1974).

The quantum of evidence necessary for reinstatement is the same as that for admission to the bar, except that
the court, when circumstances so warrant, may require an applicant to present additional proof of his
qualifications.

The Supreme Court may also require special conditions to be fulfilled by the applicant, in addition to the
required rehabilitation, including enrolling in and passing the required fourth year review classes in a recognized
law school.

3. Lawyers who have been repatriated

Lawyers who reacquire their Philippine citizenship should apply to the Supreme Court for license or permit to
practice their profession (Sec. 5(4), R.A. No. 9225).

E. MANDATORY CONTINUING LEGAL EDUCATION

1. Purpose

Continuing legal education is required of members of the IBP to:

1. Ensure that throughout their career, they keep abreast with law and jurisprudence;
2. Maintain the ethics of the profession; and
3. Enhance the standards of the practice of law.

2. Requirements

Members of the IBP shall complete, every three years, at least 36 hours of continuing legal education activities
approved by the MCLE Committee.

Participatory Legal Education [Sec. 2, Rule 5, B.M. No. 850]:

1. Attending approved education activities like seminars, conferences, conventions, symposia, in-house
education programs, workshops, dialogues or round table discussion;

2. Speaking or lecturing, or acting as assigned panelist, reactor, commentator, resource speaker,

moderator, coordinator or facilitator in approved education activities;

3. Teaching in a law school or lecturing in a bar review class.

Non-Participatory Legal Education [Sec. 3, Rule 5, B.M. No. 850]

1. Preparing, as an author or co-author, written materials published or accepted for publication, e.g., in the
form of an article, chapter, book, or book review which contribute to the legal education of the author
member, which were not prepared in the ordinary course of the member’s practice or employment;

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 2. Editing a law book, law journal or legal newsletter;

3. Other activities, such as rendering mandatory legal aid services pursuant to Sec. 8, B.M. No. 2012, may
be credited as MCLE activities.

3. Compliance

Lawyers, not otherwise exempted, are required to complete their MCLE requirements every three (3) years and
within the compliance periods set by the Rules. The initial compliance period shall begin not later than 3 months
from the constitution of the MCLE Committee. The compliance period shall be for 36 months and shall begin the
day after the end of the previous compliance period.

The non-compliant member shall receive a Notice of Non-Compliance and shall be given 60 days from receipt
of notification to file a response clarifying the deficiency or showing compliance.

4. Exemptions

Exempted members from the MCLE:

1. The President and the Vice President of the Philippines, and the Secretaries and Undersecretaries of
Executives Departments;
2. Senators and Members of the House of Representatives;
3. The Chief Justice and Associate Justices of the Supreme Court, incumbent and retired members of the
judiciary, incumbent members of 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 Solicitor 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 ten
years accredited law schools;
11. The Chancellor, Vice-Chancellor and members of the Corps of Professors and Professorial Lectures of
the Philippine Judicial Academy;
12. Governors and Mayors;
13. Those who are not in law practice, private or public;
14. Those who have retired from law practice with the approval of the IBP Board of Governors; and
15. Those granted exemption for good cause in accordance with Sec 3, Rule 7 of the MCLE Rules

A member may file a verified request setting forth good cause for exemption (e.g., physical disability, illness,
post graduate study abroad, proven expertise in law) from compliance with or modification of any of the
requirements, including an extension of time for compliance, in accordance with a procedure to be established
by the MCLE Committee.

5. Sanctions

A member who, for whatever reason, is in non-compliance at the end of the compliance period shall pay a
noncompliance fee. Also, any member who fails to satisfactorily comply shall be listed as a delinquent member
by the IBP Board of Governors upon the recommendation of the MCLE Committee, in which case, Rule 139-A,
Rules of Court, governing the IBP, shall apply.

Membership fee shall continue to accrue at the active rate against a member during the period he/she is listed
as a delinquent member. The delinquent member shall not be permitted to practice law until such time as
adequate proof of compliance is received by the MCLE Committee. When the member provides proof of

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compliance with the MCLE requirement, including the payment of the non-compliance fee, the involuntary listing
as a delinquent member shall be terminated and the member shall be reinstated.

Guidelines in resolving requests for judicial clemency of disbarred lawyers:

1. There must be proof of remorse and reformation. There include testimonials of credible institutions and
personalities;
2. Sufficient time must have been lapsed form the imposition of the penalty to ensure a period of
reformation;
3. The age of the person asking for clemency should show that he still has productive years ahead of him
that can be put to god use by giving him a chance to redeem himself;
4. There must be a showing of promise and potential for public service;
5. Other relevant factors to justify clemency.

F. NOTARIAL PRACTICE

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

Pertinent law - A.M. No. 02-8-13-SC is referred to as the 2004 Rules on Notarial Practice.

1. Qualifications of notary public

Qualifications:

1. Must be over 21 years old;

2. Must be a resident of the Philippines for at least 1 year;
3. Must maintain a regular place of work or business in the city or province where 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

2. Term of office of notary public

Sec. 11, Rule III. A person commissioned as notary public may perform notarial acts in any place within the
territorial jurisdiction of the commissioning court for a period of 2 years commencing the first day of January of
the year in which the commissioning is made, unless earlier revoked or the notary public has resigned under
these Rules and the Rules of Court.

Sec. 13, Rule III. A notary public may file a written application with the Executive Judge for the renewal of his
commission within 45 days before the expiration thereof.

3. Powers and limitations

Notarization is not an empty, meaningless and routinary act. It converts a private document into a public
instrument, making it admissible as evidence without the necessity of preliminary proof of its authenticity and
due execution.

Lawyers commissioned as notaries are mandated to subscribe to the sacred duties appertaining to their office,
such duties being dictated by public policy impressed with public interest.

Powers – Notaries public can perform the following acts:

1. Acknowledgments;
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 2. Oaths and affirmations;
3. Jurats;
4. Signature witnessing;
5. Copy certifications; and
6. Any other act authorized by the Notarial Rules:
a. Certifying the affixing of signature by thumb or other mark on an instrument or document
presented for notarization;
b. Signing on behalf of a person who is physically unable to sign or make a mark on an instrument
or document

Limitations:

 A notary public is bereft of power to perform any notarial act outside his regular place of work or
business; provided, however, that on certain exceptional occasions or situations, a notarial act may be
performed at the request of the parties in the following sites located within his territorial jurisdiction:
o Public offices, convention halls, and similar places where oaths of office may be administered;
o Public function areas in hotels and similar places for the signing of instruments or documents
requiring notarization;
o Hospitals and other medical institutions where a party to an instrument or document is confined
for treatment; and
o Any place where a party to an instrument or document requiring notarization is under detention

 A notary public is disqualified from performing a notarial act if he:

o Is a party to the instrument or document that is to be notarized;
o Will receive, as a direct or indirect result, any commission, fee, advantage, right, title, interest,
cash, property, or other consideration, except as provided by the Notarial Rules and by law; or
o Is a spouse, common-law partner, ancestor, descendant, or relative by affinity or consanguinity
of the principal within the fourth civil degree

 A person shall not perform a notarial act:

o If the person involved as signatory to the instrument or document:
 Is not in the notary's presence personally at the time of the notarization; and
 Is not personally known to the notary public or otherwise identified by the notary public
through competent evidence of identity as defined by the Notarial Rules
o If the notary knows or has good reason to believe that the notarial act or transaction is unlawful
or immoral;
o If the signatory shows a demeanor which engenders in the mind of the notary public reasonable
doubt as to the former's knowledge of the consequences of the transaction requiring a notarial
act; and
o If in the notary's judgment, the signatory is not acting of his or her own free will

 In the notary's presence, any person may inspect an entry in the notarial register, during regular
business hours, provided:
o The person's identity is personally known to the notary public or proven through competent
evidence of identity as defined in the Notarial Rules;
o The person affixes a signature and thumb or other mark or other recognized identifier, in the
notarial register in a separate, dated entry;
o The person specifies the month, year, type of instrument or document, and name of the
principal in the notarial act or acts sought; and
o The person is shown only the entry or entries specified by him. The notarial register may be
examined by a law enforcement officer in the course of an official investigation or by virtue of a
court order.

4. Notarial register

A notarial register refers to a permanently bound book with numbered pages containing a chronological record
of notarial acts performed by a notary public.

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At the end of each week, the notary public shall certify in his notarial register the number of instruments or
documents executed, sworn to, acknowledged, or protested before him; or if none, this certificate shall show
this fact.

A certified copy of each month’s entries and a duplicate original copy of any instrument acknowledged before
the notary public shall, within the first ten days of the month following, be forwarded to the Clerk of Court and
shall be under the responsibility of such officer. If there is no entry to certify for the month, the notary shall
forward a statement to this effect in lieu of certified copies herein required.

5. Jurisdiction of notary public and place of notarization

A person commissioned as notary public may perform notarial acts in any place within the territorial jurisdiction
of the commissioning court.

The jurisdiction of a notary public in a province shall be co-extensive with the province. The jurisdiction of a
notary public in the City of Manila shall be co-extensive with said city. No notary shall possess authority to do
any act beyond the limits of his jurisdiction.

6. Revocation of commission

The executive judge shall revoke the notarial commission for any ground on which an application for a
commission may be denied.

In addition, the Executive Judge may revoke the commission of, or impose appropriate administrative sanctions
upon, any notary public who:

1. Fails to keep a notarial register;

2. Fails to make the proper entry or entries in his notarial register concerning his notarial acts;
3. Fails to send the copy of the entries to the Executive Judge within the first ten days of the month
following;
4. Fails to affix to acknowledgments the date of expiration of his commission;
5. Fails to submit his notarial register, when filled, to the Executive Judge;
6. Fails to make his report, within a reasonable time, to the Executive Judge concerning the performance
of his duties, as may be required by the judge;
7. Fails to require the presence of a principal at the time of the notarial act;
8. Fails to identify a principal on the basis of personal knowledge or competent evidence;
9. Executes a false or incomplete certificate under Sec. 5, Rule IV;
10. Knowingly performs or fails to perform any other act prohibited or mandated by these Rules; and
11. Commits any other dereliction or act which in the judgment of the Executive Judge constitutes good
cause for revocation of commission or imposition of administrative sanction

If the notarial certificate is incomplete or deficient, it is as if there is no acknowledgment and the document
remains a private document, as if it had not been notarized.

7. Competent evidence of identity

A notary public can identify an individual based on either of the following sources:

1. At least one current identification document issued by an official agency bearing the photograph and
signature of the individual such as but not limited to: Passport, Driver's License, Professional
Regulation Commission ID, NBI clearance, police clearance, postal ID, voter’s ID, Barangay
certification, GSIS e-card, SSS card, PhilHealth card, senior citizen card, OWWA ID, OFW ID,
seaman’s book, alien’s certificate of registration/immigrant certificate of registration, government office
ID, certification from the NCWDO, DSWD certification; etc. (A Community Tax Certificate has been
deleted as among the accepted proof of identity because of its inherent unreliability)
2. The oath or affirmation of:
a. One credible witness not privy to the instrument, document or transaction who is personally
known to the notary public and who personally knows the individual; or

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 b. Two credible witnesses neither of whom is privy to the instrument, document or transaction who
each personally knows the individual and shows to the notary public documentary identification

8. Sanctions

Administrative – The Executive Judge may motu proprio initiate administrative proceedings against a notary
public and impose the appropriate administrative sanctions on the grounds for revocation of commission
mentioned.

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

1. Knowingly acts or otherwise impersonates a notary public;

2. Knowingly obtains, conceals, defaces, or destroys the seal, notarial register, or official records of a
notary public; and
3. Knowingly solicits, coerces, or in any way influences a notary public to commit official misconduct.

G. DUTIES OF LAWYERS UNDER SPECIFIC PROVISIONS IN THE RULES OF COURT

1. Judgments, final orders, and entry of judgments

It is the duty of the clerk of court to enter the judgment or final order in the book of entries of judgments, if no
appeal or motion for new trial or reconsideration is filed within the time provided in these Rules. The date of
finality of the judgment or final order shall be deemed to be the date of its entry.

Judgment may be given for or against one or more of several plaintiffs and for or against one or more of several
defendants. When justice so demands, the court may require the parties on each side to file adversary
pleadings as between themselves and determine their ultimate rights and obligations.

2. Contempt

Direct Contempt:

1. Misbehavior in the presence of or so near a court as to obstruct or interrupt the proceedings before the
same;
2. Disrespect toward the court;
3. Offensive personalities toward others;
4. Refusal to be sworn or to answer as a witness; or
5. Refusal to subscribe an affidavit or deposition when lawfully required doing so.

Indirect Contempt:

1. Misbehavior of an officer of a court in the performance of his official duties or in his official transactions;
2. Disobedience of or resistance to a lawful writ, process, order, or judgment of a court, including the act
of a person who, after being dispossessed or ejected from any real property by the judgment or process
of any court of competent jurisdiction, enters or attempts or induces another to enter into or upon such
real property, for the purpose of executing acts of ownership or possession, or in any manner disturbs
the possession given to the person adjudged to be entitled thereto;
3. Any abuse of or any unlawful interference with the processes or proceedings of a court not constituting
direct contempt under section 1 of this Rule;
4. Any improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the administration
of justice;
5. Assuming to be an attorney or an officer of a court, and acting as such without authority;
6. Failure to obey a subpoena duly served;
7. The rescue, or attempted rescue, of a person or property in the custody of an officer by virtue of an
order or process of a court held by him
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 3. Arraignment and plea

The court has the duty to inform the accused of his right to counsel. Before arraignment, the court shall inform
the accused of his right to counsel and ask him if he desires to have one. The court must assign a counsel de
officio to defend the accused, unless he is allowed to defend himself in person or has employed counsel of his
choice.

Rule 18.02 states that a lawyer shall not handle any legal matter without adequate preparation. Therefore,
whenever a counsel de officio is appointed by the court to defend the accused at the arraignment, he shall be
given a reasonable time to consult with the accused as to his plea before proceeding with the arraignment.

4. Attorney-client privilege

It is the duty of an attorney to maintain inviolate the confidence, and at every peril to himself, to preserve the
secrets of his clients, and to accept no compensation in connection with his client’s business except from him or
with his knowledge and approval.” Once a lawyer accepts money from a client, an attorney-client relationship is
established, giving rise to the duty of fidelity to the client’s cause. He is expected to be mindful of the trust and
confidence reposed in him, and must serve client with competence and diligence

5. Powers and duties of court and judicial officers

Inherent powers of courts:

1. To preserve and enforce order in its immediate presence;

2. To enforce order in proceedings before a person or persons empowered to conduct a judicial
investigation under its authority;
3. To compel obedience to its judgments, orders and processes, and to the lawful order of judge out of
court, in a case pending therein;
4. To control, in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any
manner connected with a case before it, in every manner appertaining thereto;
5. To compel the attendance of persons to testify in a case pending therein;
6. To administer or cause to be administered oaths in a case pending therein, and in all other cases where
it may be necessary in the exercise of its powers;
7. To amend and control its process and orders so as to make them conformable to law and justice;
8. To authorize copy of a lost or destroyed pleading or other paper to be filed and used instead of the
original, and to restore, and supply deficiencies in its records and proceedings (Sec. 5, Rule 135, RoC).

6. Disqualification of judicial officers/inhibition

No judge or judicial officer shall sit in any case, without the written consent of all parties in interest and entered
upon the record, in which:

a) He, or his wife or child, is pecuniarily interested as heir, legatee, creditor or otherwise; or
b) He is related to either party within the 6th degree of consanguinity or affinity, or to counsel within the 4th
degree, computed according to the rules of civil law;
c) He has been executor, administrator, guardian, trustee or counsel; or
d) He has presided in any inferior court whenhis ruling or decision is the subject of review (Sec. 1 (1), Rule
137, RoC).

7. Withdrawal from case

A lawyer may withdraw his services in any of the following cases:

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 a) When the client pursues an illegal or immoral course of conduct in connection with the matter he is
handling;
b) When the client insists that the lawyer pursue conduct violative of these canons and rules;
c) When his inability to work with co-counsel will not promote the best interest of the client;
d) When the mental or physical condition of the lawyer renders it difficult for him to carry out the
employment effectively;
e) When the client deliberately fails to pay the fees for the services or fails to comply with the retainer
agreement;
f) When the lawyer is elected or appointed to public office; and
g) Other similar cases (Rule 22.01, CPR)

Furthermore, an attorney may retire:

1. At any time from any special action or special proceeding, by the written consent of his client filed in
court; or
2. At any time from an action or special proceeding, without the consent of his client, should the court, on
notice to the client and attorney, and on hearing, determine that he ought to be allowed to retire.

It is the duty of a lawyer who withdraws or is discharged, subject to a retaining lien, to:

1. Immediately turn over all papers and property to which the client is entitled; and
2. Cooperate with his successor in the orderly transfer of the matter, including all information necessary
for the proper handling of the matter.

8. Standing in court of persons authorized to appear for the government

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

9. Government lawyers and private practice

A lawyer should not use his position to feather his private law practice and accept any private legal business
that may conflict with his official duties. In case of conflict, he should terminate his professional relationship, and
his official duties must prevail.

General Rule: Sec. 7(b)(2) of R.A. No. 6713 prohibits [public officials and employees] from engaging in the
private practice of their profession during their incumbency. Exception: A public official or employee can engage
in the practice of his or her profession if the private practice is authorized by the Constitution or by the law, and
the practice will not conflict,or tend to conflict, with his or her official functions.

10. Amicus curiae

Experienced and impartial attorneys may be invited by the Court to appear as amicus curiae to help in the
disposition of issues submitted to it. Furthermore, according to Rule 14.02, a lawyer shall not decline an
appointment as amicus curiae except for serious and sufficient cause.

II. JUDICIAL ETHICS

A. SOURCES

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 1. New Code of Judicial Conduct for the Philippine Judiciary

Bangalore Draft – In November 2002, at a Roundtable Meeting of Chief Justices held at the Peace Palace in
The Hague, the Judicial Group on Strengthening Judicial Integrity amended and approved the Bangalore Draft
of the Code of Judicial Conduct, which is intended to be the Universal Declaration of Judicial Standards. It is
founded on the following principles:

a) A universal recognition that a competent, independent and impartial judiciary is essential if the courts
are to fulfill their role in upholding constitutionalism and the rule of law;
b) Public confidence in the judicial system and in the moral authority and integrity of the judiciary is of
utmost importance in a modern democratic society;
c) It is essential that judges, individually and collectively, respect and honor the judicial office as a public
trust and strive to enhance and maintain confidence in the judicial system.

On April 27, 2004, the draft code was promulgated as the New Code of Judicial Conduct for the Philippine
Judiciary through A.M. No. 03-05-01-SC and given effect on June 1, 2004.

The New Code seeks to not only 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 universal clamor for a
universal code of judicial ethics.

2. Code of Judicial Conduct

The New Code of Judicial Conduct supersedes the Canons of Judicial Ethics (1946) and the Code of Judicial
Conduct (1989). However, in case of deficiency or absence of specific provisions, the Canons of Judicial Ethics
and the Code of Judicial Conduct shall be applicable in a suppletory character.

A judge should be the embodiment of competence, integrity, and independence.

A judge should so behave at all times as to promote public confidence in the integrity and impartiality of the
judiciary.

A judge should not seek publicity for personal vainglory.

In every case, a judge shall endeavor diligently to ascertain the facts and the applicable law unswayed by
partisan interests, public opinion, or fear of criticism.

A judge should abstain from making public comments on any pending or impending case and should require
similar restraint on the part of court personnel.

A judge should diligently discharge administrative responsibilities, maintain professional competence in court
management, and facilitate the performance of the administrative functions or other judges and court personnel.

A judge should avoid nepotism and favoritism in the appointment of commissioners, receivers, trustees,
guardians, etc., and should do so on the basis of merit and qualifications.

Judges and court personnel cannot sell insurance, even during holidays, Saturdays, and Sundays.

A judge may hold and manage investments but should not serve as officer, director, manager, or advisor, or
employee of any business except as a director of a family business.

A judge or any immediate member of the family thereof shall not accept a gift, bequest, factor, or loan from
anyone except as may be allowed by law.

A judge shall not accept appointment or designation to any agency performing quasi-judicial or administrative
functions.

A judge is entitled to entertain personal views on political questions. But to avoid suspicion of political
partisanship, a judge shall not make political speeches, contribute to party funds, publicly endorse candidates
for political office, or participate in other partisan political activities.

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 B. QUALITIES (Under the Code of Judicial Conduct)

1. Independence

Judges shall exercise the judicial function independently on the basis of their assessment of the facts and in
accordance with a conscientious understanding of the law, free of any extraneous influence, inducement,
pressure, threat or interference, direct or indirect, from any quarter for any reason (Section 1).

Constitutional Safeguards to Ensure the Independence of the Judiciary:

1. The Supreme Court is a constitutional body, it cannot be abolished by the Legislature;

2. The members of the SC are removable only by impeachment;
3. The Supreme Court may not be deprived of its minimum original and appellate jurisdiction, its appellate
jurisdiction may not be increased without its advice or concurrence;
4. The SC has administrative supervision over all inferior courts and personnel;
5. The SC has the exclusive power to discipline judges/justices of inferior courts;
6. The members of the judiciary have security of tenure;
7. The members of the judiciary may not be designated to any agency performing quasi-judicial or
administrative functions;
8. The judiciary enjoys fiscal autonomy. The salaries of judges may not be reduced.

Judges shall be independent in relation to society in general and in relation to the particular parties to a dispute
which he or she has to adjudicate (Section 6).

Judges shall encourage and uphold safeguards for the discharge of judicial duties in order to maintain and
enhance the institutional and operational independence of the judiciary.

2. Integrity

A judge shall ensure that their conduct is above reproach and also perceived to be so in the eyes of a
reasonable observer. Integrity is essential not only to the proper discharge of the judicial office but also to the
personal demeanor of the judges.

Judges shall ensure that not only is their conduct above reproach, but that it is perceived to be so in the view of
the reasonable observer (Section 1).

The behavior and conduct of judges must reaffirm the people’s faith in the judiciary. Justice must not merely be
done, but must be seen to be done (Section 2).

3. Impartiality

Impartiality is essential to the proper discharge of the judicial office. It applies not only to the decision itself, but
also to the process by which the decision is made.

Judges shall perform their duties without favor, bias, or prejudice (Section 1).

Judges shall, so far as is reasonable, so conduct themselves as to minimize the occasions on which it will be
necessary for them to be disqualified from hearing or deciding cases (Section 3).

A judge who should be disqualified, may, instead from withdrawing from the proceeding, disclose on the
records the basis of such disqualification. If, based on such disclosure, the parties and lawyers independently of
the judge’s participation all agree in writing that the reason for inhibition is immaterial or unsubstantial; the judge
may then proceed to participate in the proceeding. The agreement, signed by all parties and lawyers, shall be
incorporated in the records of the case (Section 6). (volenti non fit injuria)

4. Propriety

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Judges must accept the personal restrictions that come with the office freely and willingly. Particularly, judges
shall conduct themselves in a way consistent with the dignity of their office. Propriety and the appearance of
propriety are essential to the performance of all the activities of a judge.

As a subject of constant public scrutiny, judges must accept personal restrictions that might be viewed as
burdensome by the ordinary citizen and should do so freely and willingly. In particular, judges conduct
themselves in a way that is consistent with the dignity of the judicial office (Section 2).

Judges shall, in their personal relations with individual members of the legal profession who practice regularly in
their court, avoid situations which might reasonably give rise to the suspicion or appearance of favoritism or
partiality (Section 3).

Confidential information acquired by judges in their judicial capacity shall not be used or disclosed for any other
purpose not related to their judicial duties (Section 9, updated by OCA Circular No. 103-06, 2006).

Judges cannot practice law while holding judicial office (Section 11)

Canon 4 includes the appearance of propriety. Thus, a judge’s act of posting seductive photos in her social
media account contravened the ethical standard set forth under Canon 4. While judges are allowed free
expression, they must remember that they do not shed their status as judges. Their ethical responsibilities as a
judge are carried with them even in the cyberspace (Lorenzana v. Austria, 2014).

Judges and court personnel who participate in social media are enjoined to be cautious and circumspect in
posting photos, liking posts, and making comments in public in social networking sites.

5. Equality

Ensuring equality of treatment to all before the courts is essential to the due performance of judicial office.

Judges shall be aware of, and understand, diversity in society and differences arising from various sources,
including but not limited to race, color, sex, religion, national origin, caste, disability, age, marital status, sexual
orientation, social and economic status, and other like causes (Section 1).

Judges shall not, in the performance of judicial duties, by words or conduct, manifest bias or prejudice towards
any person or group on irrelevant ground (Section 2).

6. Competence and diligence

The judicial duties of a judge take precedence over all other activities (Section 1).

Judicial vs. Administrative functions of the judge – Judicial functions pertain to decision-making. This takes
precedence over administrative functions.

Judges shall devote their professional activity to judicial duties, which include not only the performance of
judicial functions and responsibilities in court and the making of decisions, but also other tasks relevant to the
judicial office or the court’s operations (Section 2).

Judges shall take reasonable steps to maintain and enhance their knowledge, skills, and personal qualities
necessary for the proper performance of judicial duties, taking advantage for this purpose of the training and
other facilities which should be made available, under judicial control, to judges (Section 3).

Judges shall perform all judicial duties, including the delivery of reserved decisions, efficiently, fairly, and with
reasonable promptness (Section 5).

Judges shall not engage in conduct incompatible with the diligent discharge of judicial duties (Section 7).

C. ADMINISTRATIVE JURISDICTION OVER JUDGES AND JUSTICES

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All proceedings against judges of first instance shall be private and confidential.

SUPREME COURT

Under Sec. 2, Art. XI, 1987 Constitution, Justices of the Supreme Court may be removed from office, through
impeachment upon conviction of culpable violation of the Constitution, treason, bribery, graft and corruption,
other high crimes, or betrayal of public trust.

According to J. Carpio’s dissenting opinion in In re: Charges of Plagiarism, etc. against Associate Justice del
Castillo, A.M. No. 10-7- 17-SC (2011), pursuant to Sec. 3 (1) and (6), Art. XI, 1987 Constitution, the sole
disciplining authority (i.e. exclusive authority to discipline) of all impeachable officers, including Justices of the
Supreme Court, is Congress. While impeachment is often described as a political process, it also functions as
the equivalent of administrative disciplinary proceedings against impeachable officers since impeachable
officers are not subject to administrative disciplinary proceedings either by the Executive or Judicial branch.

ALL OTHER COURTS

Pursuant to Sec. 6, Art. VIII, 1987 Constitution, only the Supreme Court can oversee compliance with the law
and the Rules of Court on the part of the Presiding Justice of the CA down to the lowest municipal trial court
judge and take the proper administrative action against them if they commit any violation thereof, requiring
supervisory or administrative sanction.

Pursuant to Sec. 11, Art. VIII, 1987 Constitution, the Supreme Court en banc shall have the power to discipline
judges of lower courts or order their dismissal by a vote of majority of the Members who actually took part in the
deliberations on the issues in the case and voted thereon.

Thus, the Ombudsman has no power to entertain and investigate administrative complaints against judges and
court personnel. Complaints against judges and court personnel should accordingly be filed with the Supreme
Court (Maceda v. Vasquez, Dolalas v. Office of the Ombudsman, 1996).

HOW INITIATED

Proceedings for the discipline of judges of regular and special courts and justices of the Court of Appeals and
the Sandiganbayan may be instituted:

1. Motu proprio by the Supreme Court;

2. Upon the verified complaint, supported by affidavits of persons who have personal knowledge of the
facts alleged therein or by documents which may substantiate said allegations; or
3. Upon an anonymous complaint, supported by public records of indubitable integrity.

The complaint shall be in writing and shall state clearly and concisely the acts and omissions constituting
violations of standards of conduct prescribed for judges, the RoC, or the Code of Judicial Conduct.

The right to institute disbarment proceedings is not confined to clients nor is it necessary that the person
complaining suffered injury from the alleged wrongdoing. The procedural requirement observed in ordinary civil
proceedings that only the real party-in-interest must initiate the suit does not apply in disbarment cases.
Disbarment proceedings are matters of public interest and the only basis for the judgment is the proof or failure
of proof of the charges (Figueros v. Jimenez, 2014).

D. DISQUALIFICATION OF JUDICIAL OFFICERS

1. Compulsory

Grounds for Compulsory Disqualification of Judicial Officers – No judge shall sit in any case, without the written
consent of all parties in interest and entered upon the record, in which:

1. He, or his wife or child, is pecuniarily interested as heir, legatee, creditor, or otherwise;
2. He is related to either party within the 6th civil degree of consanguinity or affinity, or tot counsel within
the 4th degree, computed according to the rules of civil law;
3. He has been executor, administrator, guardian, trustee, or counsel; or
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 4. He has presided in any inferior court when his ruling or decision is the subject of review.

The relationship of the judge with one of the parties may color the facts and distort the law to the prejudice of a
just decision. Where this is probable or even only possible, due process demands that the judge inhibit himself,
if only out of a sense of delicadeza.

2. Voluntary

Voluntary Inhibition – The judge may, in the exercise of his sound discretion, disqualify himself from sitting in a
case, for just or valid reasons other than those mentioned above.

A judge must maintain and preserve the trust and faith of the parties-litigants. He must hold himself above
reproach and suspicion. At the very first sign of lack of faith and trust in his actions, whether well-grounded or
not, the judge has no other alternative but to inhibit himself from the case.

A judge may not be legally prohibited from sitting in litigation, but when circumstances appear that will induce
doubt to his honest actuations and probity in favor of either party, or incite such state of mind, he should
conduct a careful self-examination. He should exercise his discretion in a way that the people's faith in the
courts of justice is not impaired. The better course for the judge under such circumstances is to disqualify
himself. That way, he avoids being misunderstood; his reputation for probity and objectivity is preserved.

E. DISCIPLINE OF MEMBERS OF THE JUDICIARY

The members of the Supreme Court and judges of lower courts shall hold office during a good behavior until
they reach the age of seventy years or become incapacitated to discharge the duties of their office (Sec. 11, Art.
VIII, 1987 Constitution).

1. Members of the Supreme Court

Members of the Supreme Court may be removed from office on impeachment for, and conviction of, culpable
violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust
(Sec. 2, Article XI, 1987 Constitution). (See also: Quo Warranto case of CJ Sereno)

The impeachment of public officials has been established for removing otherwise constitutionally tenured and
independent public officials. The power to initiate impeachment cases rests with the House of the
Representatives while the power to try the same rests with the Senate.

2. Lower court judges and justices

Upon the filing of the comment of the respondent or upon the expiration of the period for such filing, which is ten
days from the date of service to him of the copy of the complaint the Supreme Court shall refer the matter to the
Office of the Court Administrator for evaluation, report, and recommendation, or assign the case for
investigation to:

1. A justice of the Court of Appeals, if the respondent is a judge of a Regional Trial Court or of a special
court of equivalent rank;
2. A retired member of the Supreme Court, if the respondent is a justice of the Court of Appeals and the
Sandiganbayan; or
3. A judge of the Regional Trial Court, if the respondent is a judge of an inferior court

The investigating justice or judge shall terminate the proceedings within 90 days from the date of its
commencement, or Within such extension as the Supreme Court may grant. Within 30 days from termination,
the investigating justice or judge shall submit to the Supreme Court a report containing his findings of fact and
recommendation, accompanied by the evidence and pleadings filed by the parties. Such report shall be
confidential and shall be for the exclusive use of the Supreme Court.

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Pursuant to A.M. No. 02-9-02-SC, administrative cases against justices of the Court of Appeals and the
Sandiganbayan, judges of regular and special courts, and court officials who are lawyers, shall also b
considered a disciplinary action against them, if they are based on grounds which are likewise grounds for the
disciplinary action of members of the bar for:

a) Violation of the Lawyer's Oath;

b) Violation of the Code of Professional Responsibility;
c) Violation of the Canons of Professional Ethics; or
d) Such other forms of breaches of conduct that have been traditionally recognized as grounds for the
discipline of lawyers.

The actuations of a judge seriously affect the public interest inasmuch as they involve the administration of
justice. It is for this reason that a motion to withdraw a complaint will not justify the dismissal of the
administrative case. To condition administrative actions upon the will of every complainant, who may, for one
reason or another, condone a detestable act, is to strip the Supreme Court of its supervisory power to discipline
erring members of the judiciary (Anguluan v. Taguba, 1979).

3. Grounds

Section 8 – Serious charges:

1. Bribery, direct or indirect;

2. Dishonesty and violation of the Anti-Graft and Corrupt Practices Law;
3. Gross misconduct constituting violations of the Code of Judicial Conduct;
4. Knowingly rendering an unjust judgment or order as determined by a competent court in an appropriate
proceeding;
5. Conviction of a crime involving moral turpitude;
6. Willful failure to pay a just debt;
7. Borrowing money or property from lawyers and litigants in a case pending before the court;
8. Immorality;
9. Gross ignorance of the law or procedure;
10. Partisan political activities; and
11. Alcoholism and/or vicious habits.

Section 9 – Less serious charges:

1. Undue delay in rendering a decision or order, or in transmitting the records of a case;

2. Frequent and unjustified absences without leave or habitual tardiness;
3. Unauthorized practice of law;
4. Violation of SC rules, directives, and circulars;
5. Receiving additional or double compensation unless specifically authorized by law;
6. Untruthful statements in the certificate of service; and
7. Simple misconduct.

Section 10 – Light charges:

1. Vulgar and unbecoming conduct;

2. Gambling in public;
3. Fraternizing with lawyers and litigants with pending cases in his court; and
4. Undue delay in the submission of monthly reports.

Supreme Court justices cannot be disbarred without first being dismissed through impeachment.

Judge Mislang manifested a serious lack of knowledge and understanding of basic legal principles on
prejudicial questions and on jurisdiction in petitions for the suspension of a criminal action based on prejudicial
questions. Where the law is straightforward and the facts so evident, failure to know it or to act as if one does
not know it constitutes gross ignorance of the law. A blatant disregard of the clear and unmistakable provisions
of a statute, as well as Supreme Court circulars enjoining their strict compliance, upends this presumption and
subjects the magistrate to corresponding administrative sanctions. Judges are expected to exhibit more than
just cursory acquaintance with statutes and procedural laws, they must know the laws and apply them properly

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in all good faith. Judicial competence requires no less. Thus, unfamiliarity with the rules is a sign of
incompetence. (Department of Justice v. Hon. Rolando Mislang, 2016).

4. Impeachment

Art. IX, Sec. 2 of the 1987 Constitution states that Justices of the Supreme Court may be removed from office,
through impeachment upon conviction of culpable violation of the Constitution, treason, bribery, graft and
corruption, other high crimes, or betrayal of public trust. Justices and judges of lower courts may be removed
from office as provided by law, but not impeachment.

In In re: Charges of Plagiarism, etc. against Associate Justice del Castillo, A.M. No. 10-7- 17-SC (2011), the
sole disciplining authority of all impeachable officers, including Justices of the Supreme Court, is Congress.
Impeachment, though a political process, also serves as an administrative disciplinary proceeding against an
impeachable officer as they are not subject to the ordinary disciplinary proceeding initiated by the Judiciary or
the Executive.

Note: In Republic vs. Sereno the Supreme Court granted the quo warranto petition of the government thereby
removing Chief Justice Sereno from office. The court reasoned that impeachment refers to an offense done by
the public official during his term of office and there is a presumption that said official legally holds that office. In
a quo warranto proceeding, the question goes to the legality of the appointment. There is no question on the
validity of the officer’s title to the office in an impeachment hearing.

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

On September 11, 2001, the Court approved A.M. No. 01-8-10-SC which amended Rule 140 of the Rules of
Court which governed the discipline of justices and judges.

SERIOUS LESS SERIOUS LIGHT CHARGES

SANCTIONS 1. Dismissal from 1. Suspension from 1. 1. A fine of not
service, office without less than
forfeiture of all or salary and other P1,000.00 but not
part of the benefits for not exceeding
benefits as the less than one nor P10,000.00;
Court may more than three and/or
determine, and months; or 2. 2. Censure;
disqualification 2. A fine of more 3. 3. Reprimand;
from than P10,000.00 4. 4. Admonition
reinstatement or but not exceeding ‘with warning.
appointment to P20,000.00
any public office,
including
government-
owned or
controlled
corporations.
Forfeiture of
benefits does
not include
accrued leave
credits;
2. Suspension from
office without
salary and other
benefits for more
than three but
not exceeding
six months; or
3. A fine of more
than P20,000.00

Page 48 of 68
 but not
exceeding
P40,000.00

III. PRACTICAL EXERCISES

Notes on legal forms for the Bar:

1. Do not memorize the forms.

2. On the names of parties – Unless names are given, letters or numbers or combinations of both, or
colors. Otherwise, it could be stricken down as markings.
3. Use only the date given on the questions. Do not place actual signature.

Acknowledgement v. Jurat – An acknowledgement is a statement that states that the parties, between whom is
involved a transaction wherein there is a transfer of rights, appeared before the notary public. Jurat on the other
hand, refers to sworn statements, affidavit, etc.

A. Demand and authorization letters

Purpose/Objective:

1. To demand payment or compliance with a contractual obligation;

2. To authorize a representative to do something

Anatomy of a Demand Letter

DATE

ADDRESSEE
ADDRESS

Re: SUBJECT

GREETINGS

1. Who pays?
2. What is the collection for?
3. How much? or: Do what?
4. When to pay or perform?
5. Warning (sanctions)
6. Contact details

Signed,

COUNSEL

Notes:

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  On the warning part – A lawyer was charged with violations of Canon 19 of the CPR for writing a
demand letter, the contents of which threatened the complainant with the filing of criminal cases for tax
evasion and falsification of documents. Not only are the threats unethical for violation of the CPR, but
also amounts to blackmail (Peña v. Aparicio, June 25, 2007).
 Privileged communication rule – The respondent cannot claim the sanctuary under privileged
communication, as the privilege was removed when the lawyer used it to blackmail and extort the
complainant.

Anatomy of an Authorization Letter

DATE

ADDRESSEE
ADDRESS

Re: SUBJECT

GREETIINGS

1. Name/identity of person authorizing (first party)

2. Statement of authority
3. Name of and relation to representative
4. Purpose of authority
5. Name/Identity of person or organization transacted with
6. Date of transaction
7. Attachment (IDs of principal and representative)
8. Contact details

Signed,

COUNSEL

B. Contract of sale

Usual Bar subjects: house and lot; motor vehicles.

Anatomy of a Deed of Sale

DEED OF ABSOLUTE SALE OF XXX

KNOW ALL PERSONS (gender neutral) BY THESE PRESENTS:

I, ABC, of legal age, Filipino, married to XYZ with residence at XXX (hereinafter referred to as SELLER for
brevity), FOR AND IN CONSIDERATION of the sum of ₱XXX (xxx pesos), Philippine Currency, receipt of which
is hereby acknowledged and paid by DEF (hereinafter referred to as BUYER for brevity),

DO HEREBY SELL, TRANSFER, AND CONVEY by way of ABSOLUTE SALE unto the said BUYERS, their
heirs and assigns a parcel of land, with all the structures and improvements constructed thereon, and more
particularly described as follows:

TCT No. xxx and description

(Optional) I hereby warrant my title and absolute ownership to the foregoing real estate property and shall

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defend its title at our courts in every forum.

IN WITNESS WHEREOF, I have hereunto set my hands this NOVEMBER ____ 2021.

With my marital consent – XYZ, spouse

Signed in the presence of: ______________ and ______________

ACKNOWLEDGMENT

Republic of the Philippines)

______________________) S.S.

Before me, personally appeared:

Name: Competent Evidence of Identity Date/Place Issued/Expiry

SELLER
BUYER

Known to me and to me known to be the same persons who executed the foregoing instrument and
acknowledged to me that the same is their free and voluntary act and deed.

This instrument consisting of ____ page/s, including the page on which this acknowledgement is written, has
been signed on each and every page thereof by the concerned parties and their witnesses, and sealed with my
notarial seal.

WITNESS MY HAND AND SEAL, on the date and place first above written.

Notary Public

Doc No. __
Page No. __
Book No. __
Series of 20__

C. Contract of lease

CONTRACT OF LEASE

KNOW ALL PERSONS (gender neutral) BY THESE PRESENTS:

This CONTRACT OF LEASE is made and executed in the City of ____, this day of _____ 20__, by and
between:

(NAME OF LESSOR), of legal age, single/married to (spouse), Filipino, and with residence and postal address
at ____, hereinafter referred to as the LESSOR.

AND

(NAME OF LESSEE), of legal age, single/married to (spouse), Filipino, and with residence and postal address
at ____, hereinafter referred to as the LESSEE.

WITNESSETH; THAT

WHEREAS, the LESSOR is the owner of the LEASED PREMISES, a residential property situated at (address
of leased property);

Page 51 of 68
WHEREAS, THE LESSOR agrees to lease-out the property to the LESSEE and the LESSEE is willing to lease
the same;

NOW THEREFORE, for and in consideration of the foregoing premises, the LESSOR leases unto the LESSEE
and the LESSEE hereby accepts from the LESSOR the LEASED PREMISES, subject to the following:

DO HEREBY SELL, TRANSFER, AND CONVEY by way of ABSOLUTE SALE unto the said BUYERS, their
heirs and assigns a parcel of land, with all the structures and improvements constructed thereon, and more
particularly described as follows:

TERMS AND CONDITIONS

PURPOSES

TERM

RENTAL RATE

DEPOSIT

DEFAULT PAYMENT

SUBLEASE

PUBLIC UTILITIES

FORCE MAJEURE

RIGHT OF ENTRY

IN WITNESS WHEREOF, parties herein affixed their signatures on the date and place above written.

(Name and signature of lessor and lessee over the word LESSOR and LESSEE respectively)

Signed in the presence of: ______________ and ______________

ACKNOWLEDGMENT

Republic of the Philippines)

______________________) S.S.

Before me, personally appeared:

Name: Competent Evidence of Identity Date/Place Issued/Expiry

LESSOR
LESSEE

Known to me and to me known to be the same persons who executed the foregoing instrument and
acknowledged to me that the same is their free and voluntary act and deed.

This instrument consisting of ____ page/s, including the page on which this acknowledgement is written, has
been signed on each and every page thereof by the concerned parties and their witnesses, and sealed with my
notarial seal.

WITNESS MY HAND AND SEAL, on the date and place first above written.

Notary Public

Doc No. __

Page 52 of 68
Page No. __
Book No. __
Series of 20__

D. Special power of attorney

Purpose (Article 1878 of the NCC) (if not either of these, what is asked is not an SPA but an authorization
letter):

1. To make such payments as are not usually considered as acts of administration;

2. To effect novations which put an end to obligations already in existence at the time the agency was
constituted;
3. To compromise, to submit questions to arbitration, to renounce the right to appeal from a judgment, to
waive objections to venue of an action or to abandon a prescription already acquired;
4. To waive any obligation gratuitously;
5. To enter into any contract by which the ownership of an immovable is transmitted or acquired either
gratuitously or for a valuable consideration;
6. To make gifts, except customary ones for charity or those made to employees in the business managed
by the agent;
7. To loan or borrow money, unless the latter act be urgent and indispensable for the preservation of the
things which are under administration;
8. To lease any real property to another person for more than one year;
9. To bind the principal to render some service without compensation;
10. To bind the principal in a contract of partnership;
11. To obligate the principal as a guarantor or surety;
12. To create or convey real rights over immovable property;
13. To accept or repudiate an inheritance;
14. To ratify or recognize obligations contracted before the agency;
15. Any other act of strict dominion.

Anatomy of a special power of attorney:

KNOW ALL PERSONS BY THESE PRESENTS:

I/WE, (name) single/married to (spouse), of legal age, with residence and postal address at ____, do hereby
APPOINT (name of agent/ attorney in fact), single/married to (spouse), of legal age, with postal address at ___,
as our true and legal representative to act for and in our name and stead and to perform the following acts:

[Describe and enumerate purposes]

HEREBY GRANTING unto our representative full power and authority to execute and perform every act
necessary to render effective the power to sell the foregoing properties, as though we ourselves have so
performed it, and hereby approving all that he may do by virtue hereof with full right of substitution of his person
and revocation of this instrument.

IN WITNESS WHEREOF, WE HAVE HEREUNTO SET OUR HANDS THIS ___ DAY OF ___. 20__, at (Place
of execution).

Name and signature of Principal and agent

Signed in the presence of: _______ and ______.

ACKNOWLEDGEMENT

Republic of the Philippines)

________________) S.S.

Page 53 of 68
Before me, personally appeared:

Name: Competent Evidence of Identity Date/Place Issued/Expiry

Lessor
Lessee

Known to me and to me known to be the same persons who executed the foregoing instrument and
acknowledged to me that the same is their free and voluntary act and deed.

This instrument consisting of ____ page/s, including the page on which this acknowledgement is written, has
been signed on each and every page thereof by the concerned parties and their witnesses, and sealed with my
notarial seal.

WITNESS MY HAND AND SEAL, on the date and place first above written.

Notary Public

Doc No. __
Page No. __
Book No. __
Series of 20__

E. Verification and certificate of non-forum shopping

I, ______, a Filipino, of legal age, and resident of _____, after having been duly sworn to in accordance with law
do hereby depose and say:

1. That I am the Respondent in the above entitled Answer;

2. That I have caused the preparation by my counsel of said Answer;

3. That I have read the allegations therein contained and that the same are true and correct of my
personal knowledge and based on authentic records;

4. That this pleading is not filed to harass, cause unnecessary delay, or needlessly increase the
cost of litigation;

5. The factual allegations therein have evidentiary support or, if specifically so identified, will
likewise have evidentiary support after a reasonable opportunity for discovery;

6. That I have not theretofore commenced any action or filed any claim involving the same issues
in any court, tribunal, or quasi-judicial agency;

7. If I should thereafter learn that any other similar suit, action, or proceeding has been filed or is
pending before the Supreme Court, Court of Appeals, or in any other court of law, tribunal, or
quasi-judicial agency, I undertake to inform this Honorable Court within five (5) days from
knowledge thereof.

IN WITNESS THEREOF, I hereby set my hand this ___ day of ___, 20__ in ____, Philippines.

AFFIANT signature over name

SUBSCRIBED AND SWORN to before me this ____ day of ___, 20__ in ____ Philippines, Affiant exhibiting
before me his/her ________, issued on _________.

Notary Public

Page 54 of 68
Doc No.__
Page No. __
Bok No. __
Series of 2021

F. Notice of hearing and explanation in motions

NOTICE OF HEARING

Atty. _______
Counsel for the _______
(Counsel’s Address of Record)

Greetinigs:

Please take notice that the foregoing Motion for ____ shall be submitted for the consideration and approval of
the Honorable Court on Friday, _______ of ___, 20___, at ___ a.m./p.m. or as soon as counsel and matter
may be heard.

G. Judicial affidavit

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH __, ____ CITY

NAME
Petitioner,

--versus— Civil/Criminal Case No. ___

For ______
NAME
Respondent.
X--------------------------x

JUDICIAL AFFIDAVIT
OF
NAME

This Judicial Affidavit of _____, the Petitioner/Respondent, is hereby executed as his/her direct testimony on
the instant case.

This judicial affidavit is being offered to prove:

A) All the allegations in the Petition, including all annexes appended thereto and which where already
marked as exhibits during the Pre-Trial of this case;

B) All other related matters, facts, and circumstances relevant and material to this case.

This Judicial Affidavit was taken at the office of Atty. ____________, located at ___________.

Questions were propounded by Atty. _______, and these questions are numbered accordingly consecutively
and each question is followed by the answer of the witness.

Q1:
A:

Page 55 of 68
Q2:
A:

AFFIANT (Name and signature)

SUBSCRIBED AND SWORN to before me this ___________ at _______________, Affiant exhibiting

his/her____________, issued on __________ and expiring at __________.

Notary Public

Doc No.__
Page No. __
Bok No. __
Series of 2021

ATTESTATION

I hereby state, under oath, that I faithfully recorded the questions I asked and the corresponding answers that
the witness gave, and that neither I nor any other person present or assisting me has coached the witness
regarding the latter’s statement.

Atty. _______

SUBSCRIBED AND SWORN to before me this ___________ at _______________, Affiant exhibiting

his/her____________, issued on __________ and expiring at __________.

Notary Public

Doc No.__
Page No. __
Bok No. __
Series of 2021

Copy furnished:
___________

Notes on judicial affidavit: Initiatory pleading – Keep branch number blank.

H. Notarial certificates: jurat and acknowledgement

SUBSCRIBED AND SWORN TO BEFORE ME in the [CITY/MUNICIPALITY of _______________] on this ___

day of [MONTH, YEAR], affiant exhibiting before me his Government Issued ID no. _______________ issued
on [DATE OF ISSUANCE] at [PLACE OF ISSUANCE] and valid until [DATE OF EXPIRY].

NOTARY PUBLIC

Doc. No.
Page No.
Book No.
Series of 2021

ACKNOWLEDGEMENT

Republic of the Philippines)

________________) S.S.

Page 56 of 68
Before me, personally appeared:

Name: Competent Evidence of Identity Date/Place Issued/Expiry

Lessor
Lessee

Known to me and to me known to be the same persons who executed the foregoing instrument and
acknowledged to me that the same is their free and voluntary act and deed.

This instrument consisting of ____ page/s, including the page on which this acknowledgement is written, has
been signed on each and every page thereof by the concerned parties and their witnesses, and sealed with my
notarial seal.

WITNESS MY HAND AND SEAL, on the date and place first above written.

Notary Public

Doc No. __
Page No. __
Book No. __
Series of 20__

I. Motions for extension of time, to dismiss, and to declare in default

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH __, ____ CITY

NAME
Petitioner,

--versus— Civil/Criminal Case No. ___

For ______
NAME
Respondent.
X--------------------------x

MOTION TO DISMISS

COMES NOW, the Respondent, _________, through the undersigned counsel, appearing especially and solely
for this purpose, and to this Honorable Court, most respectfully moves for the dismissal of the Complaint on the
following ground that THE HONORABLE COURT HAS NOT ACQUIRED JURISDICTION OVER THE PERSON
OF THE DEFENDING PARTY.

DISCUSSION

PRAYER

WHEREFORE, it is respectfully prayed that the Complaint with respect to the Movant be dismissed for lack of
jurisdiction over the person of the defendant.

Other reliefs as this Honorable Court deem just and equitable are likewise prayed for.

___________ Philippines, (Date)

Page 57 of 68
(Counsel)
(Explanation)
(Copy Furnished)

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH __, ____ CITY

NAME
Petitioner,

--versus— Civil/Criminal Case No. ___

For ______
NAME
Respondent.
X--------------------------x

MOTION TO DECLARE THE DEFENDANT IN DEFAULT

Plaintiff, by counsel, and unto this Honorable Court, respectfully states:

1. The records of the Honorable Court show that Defendant was served with a copy of the summons,
and the complaint, together with annexes thereto on ______;

2. Upon verification however, the records show that Defendant ________ has failed to filed his
Answer within the reglementary period specified by the Revised Rules of Court despite the service
of summons and the complaint upon him;

3. As such, it is respectfully prayed that the Defendant _______ be declared in default pursuant to the
Rules of Court and that the Honorable Court proceed to render judgment as the complaint may
warrant.

PRAYER
WHEREFORE, it is respectfully prayed that the Complaint with respect to the Movant be dismissed for lack of
jurisdiction over the person of the defendant.

Other reliefs as this Honorable Court deem just and equitable are likewise prayed for.

___________ Philippines, (Date)

(Counsel)
(Explanation)
(Copy Furnished)

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH __, ____ CITY

NAME
Petitioner,

--versus— Civil/Criminal Case No. ___

For ______
NAME
Respondent.
X--------------------------x

MOTION FOR EXTENSION OF TIME

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COMES NOW, the Respondent, _________, through the undersigned counsel, appearing especially and solely
for this purpose, and to this Honorable Court, most respectfully states that:

DISCUSSION

WHEREFORE, Defendant most respectfully prays of this Honorable Court that he be given an additional period
of XX days from (date) to (date) within which to submit (pleading).

Other reliefs as this Honorable Court deem just and equitable are likewise prayed for.

___________ Philippines, (Date)

(Counsel)
(Explanation)
(Copy Furnished)

J. Quitclaims in labor cases

REPUBLIC OF THE PHILIPPINES)

PROVINCE OF _______)
CITY/MUNICIPALITY OF ____)
x------------------------------------------x

WAIVER, RELEASE, AND QUITCLAIM

I, ___Filipino, of legal age, single/married, and a resident of ________, after being sworn to in accordance with
law, depose and stat:

1. That by these presents, I hereby state that I have voluntarily resigned as__;

2. That I hereby acknowledge to have received from my employer the sum of ________, which is the full
satisfaction of my salary and other benefits due me for the service which I have rendered;

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 them of any
and all claims, demands, cause of action of whatever nature arising out of my employment with the latter;

4. As such, I finally make manifest that I have no further claims or causes of action against my employer
nor against any person connected with the administration and operation of the later and forever release the later
from any and all liability.

AFFIANT

JURAT

K. Promissory note

PROMISSORY NOTE

FOR VALUE RECEIVED, I promise to pay without need of demand to the order of PAYEE Name, at his office at
______, the principal amount of _______, on or before __________;

In addition to the foregoing, I promise to pay monthly interest of ___% without need of demand, starting from
the month of ___ until the note is duly paid.

Date, ________, Philippines

Page 59 of 68
MAKER

L. Information in criminal cases

INFORMATION

The Undersigned, ______, accuses _____ of the crime of ________, committed as follows, to wit:

That on or about DATE, at about TIME in the City/Municipality of, Province of, and within the jurisdiction of this
Honorable Court, the said accused, with evident ___________, did then and there willfully, unlawfully,
feloniously, and treacherously _________.

CONTRARY TO LAW.

________, Philippines, DATE

PROSECUTOR

Witnesses:
________________
________________

CERTIFICATION OF PRELIMINARY INVESTIGATION

M. Retainer agreement

RETAINER CONTRACT

KNOW ALL PERSONS BY THESE PRESENTS:

This CONTRACT made and executed by and between:

CLIENT, a domestic corporation duly organized and existing under and by virtue of the laws of the Republic of
the Philippines, with principal office at __________, Philippines, and represented in this act by its POSITION,
NAME OF OFFICER, (hereinafter referred to as the CLIENT);

---and---

LAW FIRM, a law firm organized under and by virtue f the laws of the Republic of the Philippies as a general
and professional partnership, with principal office at ___________, Philippines, and represented in this act by
its managing partner, NAME, (hereinafter referred to as LAW FIRM).

RETAINER AGREEMENT

1. DURATION/TERM

2. FEES

3. OBLIGATION OF THE FIRM

4. NOTARIAL RATES

5. RATES OF LEGAL FEES FN FORECLOSURE

6. RATES OF LEGAL FEES FOR COLLECTION CASES

7. SPECIAL POWER OF ATTORNEY

Page 60 of 68
8. TERMINATION OF AGREEMENT

IN WITNESS WHEREOF, the parties have signed this instrument this DATE, VENUE OF EXECUTION,
Philippines.

CLIENT LAW FIRM

(Signed by managing Partner)

Signed in the presence of:

______________ and _____________

IV. RECENT JURISPRUDENCE IN LEGAL AND JUDICIAL ETHICS AND MISCELLANEOUS ITEMS

A. Case Law (Compiled by Deputy Insurance Commissioner Erickson Balmes)

 ATTY. BERNARDO T. CONSTANTINO v. PEOPLE OF THE PHILIPPINES

G.R. No. 225696 April 8, 2019

For a notary public to be found guilty of falsifying a notarial will, the prosecution must prove that he or
she has falsified or simulated the signatures of the testator or the instrumental witnesses to make it
appear that they participated in the execution of the document when they did not. Before one can be
held criminally liable for falsification of public documents, it is essential that the document allegedly
falsified is a public document.

Under the Rules on Evidence, notarized documents are clothed with the presumption of regularity; that
is, that the notary public had the authority to certify the documents as duly executed. A last will and
testament, however, is specifically excluded from the application of Rule 132, Section 19 of the Rules of
Court. This implies that when the document being presented as evidence is a last will and testament,
further evidence is necessary to prove its due execution, whether notarized or not.

 CELIANA B. BUNTAG et. al., vs. ATTY. WILFREDO S. TOLEDO

A.C. 12125 February 11, 2019

The burden of proof lies on the party making the allegation. In a disbarment complaint, the allegations
of the complainant must be proven with substantial evidence. The standard of substantial evidence
required in administrative proceedings is more than a mere scintilla. It means such relevant evidence as
a reasonable mind might accept as adequate to support a conclusion.

The power to disbar or suspend ought always to be exercised on the preservative and not on the
vindictive principle, with great caution and only for the most weighty reasons and only on clear cases of
misconduct which seriously affect the standing and character of the lawyer as an officer of the court and
member of the Bar.

Only those acts which cause loss of moral character should merit disbarment or suspension, while
those acts which neither affect nor erode the moral character of the lawyer should only justify a lesser
sanction unless they are of such nature and to such extent as to clearly show the lawyer's unfitness to
continue in the practice of law.

 RE: COMPLAINT-AFFIDAVIT OF ELVIRA N. ENALBES, REBECCA H. ANGELES AND ESTELITA

B. OCAMPO AGAINST FORMER CHIEF JUSTICE TERESITA J. LEONARDO-DE CASTRO [RET.],
RELATIVE TO G.R. NOS. 203063 AND 204743
A.M. No. 18-11-09-SC January 22, 2019

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 To hold a magistrate administratively liable for gross ignorance of the law, it is not enough that his or
her action was erroneous; it must also be proven that it was driven by bad faith, dishonesty, or ill
motive.

Ineluctably, leeway must be given to magistrates for them to thoroughly review and reflect on the cases
assigned to them. This Court notes that all matters brought before it involves rights which are legally
demandable and enforceable. It would be at the height of injustice if cases were hastily decided on at
the risk of erroneously dispensing justice.\

While the 24-month period provided under the 1987 Constitution is persuasive, it does not summarily
bind this Court to the disposition of cases brought before it. It is a mere directive to ensure this Court's
prompt resolution of cases, and should not be interpreted as an inflexible rule.

 EVERDINA C. ANGELES VS. ATTY. WILFREDO B. LINA-AC

A.C. No. 12063 January 8, 2019

The practice of law is a privilege, and lawyers who fail to meet the strict standards of legal proficiency,
morality, and integrity will have their names stricken out of the Roll of Attomeys.

Complainant engaged respondent's services to secure a declaration nullifying her marriage with her
husband. However, despite complainant's considerable efforts at coming up with the cash for
respondent's professional fees, respondent did not reciprocate with similar diligence toward her case.
Further, instead of filing an actual petition for the nullity of complainant's marriage, he attempted to
hoodwink complainant by furnishing her a copy of a Complaint with a fraudulent received stamp from
the Regional Trial Court.

Worse, even after their attorney-client relationship was severed, respondent filed a second Complaint in
a blatant attempt to cover up his earlier negligence and thwart complainant's efforts to recover the
money she paid him. Respondent's repeated duplicity toward complainant reflects his lack of integrity,
and is a clear violation of the oath he took before becoming a lawyer.

Nonetheless, this Court takes judicial notice that respondent will be about 78 years old by the time this
Resolution is promulgated. In light of his advanced age, this Court deems it proper to temper justice
with mercy and mete out a penalty of two (2) years of suspension instead of the ultimate penalty of
disbarment. Ours is a court of law, but it is our humane compassion that strengthens us as an institution
and cloaks us "with a mantle of respect and legitimacy."

 RE: MEMORANDUM DATED JULY 10, 2017 FROM ASSOCIATE JUSTICE TERESITA J.
LEONARDO-DE CASTRO A.M. 17-07-05-SC July 3, 2018 [A.M. No. 18-02-13-SC] RE: LETTER OF
RESIGNATION OF ATTY. BRENDA JAY ANGELES MENDOZA, PHILJA CHIEF OF OFFICE FOR
THE PHILIPPINE MEDIATION CENTER

"Judicial personnel" refer to the incumbent Justices and judges of the courts; and "Non-judicial
personnel" refer to officials and employees who are performing adjudication support functions
(otherwise called judicial support personnel), as well as administrative and financial management
functions; including clerks of courts, sheriffs, legal personnel, process servers, accountants,
administrative officers, and all other personnel in the Judiciary who are not Justices or judges.

The 1987 Constitution vests the power of appointment within the judiciary in the Supreme Court.

The rules on the appointment of personnel to the Judiciary, as clarified in this Resolution, are amended.
The delegation to the Chief Justice and the Chairpersons of the Divisions in A.M. No. 99-12-08-SC
(Revised) of the power of appointment and revocation or renewal of appointments of personnel in this
Court, Court of Appeals, Sandiganbayan, Court of Tax Appeals, the Lower Courts including the
Sharia'h courts, the Philippine Judicial Academy, and the Judicial and Bar Council shall not be deemed
to include personnel with salary grades 29 and higher, and those with judicial rank.

 PROSECUTOR IVY A. TEJANO VS. PRESIDING JUDGE ANTONIO D. MARIGOMEN AND UTILITY
WORKER EMELIANO C. CAMAY, JR., BOTH OF REGIONAL TRIAL COURT (RTC), BRANCH 61,
BOGO CITY, CEBU, RESPONDENTS.
A.M. No. RTJ-17-2492 September 26, 2017

Without a standing warrant of arrest, a judge not assigned to the province, city, or municipality where
the case is pending has no authority to grant bail. To do so would be gross ignorance of the law. The
Page 62 of 68
 last sentence of Rule 114, Section 17(a) is clear that for purposes of determining whether or not the
accused is in custody of the law, the mode required is arrest, not voluntary surrender, before a judge of
another province, city, or municipality may grant a bail application.

 LAURENCE D. PUNLA AND MARILYN SANTOS VS. ATTY. ELEONOR MARAVILLA-ONA

A.C. No. 11149 August 15, 2017

It cannot be stressed enough that once a lawyer takes up the cause of a client, that lawyer is duty-
bound to serve the latter with competence and zeal, especially when he/she accepts it for a fee. The
lawyer owes fidelity to such cause and must always be mindful of the trust and confidence reposed
upon him/her. Moreover, a lawyer's failure to return upon demand the monies he/she holds for his/her
client gives rise to the presumption that he/she has appropriated the said monies for his/her own use, to
the prejudice and in violation of the trust reposed in him/her by his/her client. What is more, this Court
cannot overlook the reality that several cases had been filed against respondent, as pointed out by the
IBP. In fact, one such case eventually led to the disbarment of respondent. While indeed respondent's
condemnable acts ought to merit the penalty of disbarment, we cannot disbar her anew, for in this
jurisdiction we do not impose double disbarment.

 ARNEL MENDOZA VS. HON. MARCOS C. DIASEN, JR., ACTING PRESIDING JUDGE,
METROPOLITAN TRIAL COURT, BR. 62, MAKATI CITY
A.M. No. MTJ-17-1900 August 9, 2017
The restriction enshrined under Rules 5.02 and 5.03 of the Code of Judicial Ethics on judges with
regard to their own business interests is based on the possible interference which may be created by
these business involvements in the exercise of their judicial duties which may tend to corrode the
respect and dignity of the courts as the bastion of justice. Judges must not allow themselves to be
distracted from the performance of their judicial tasks by other lawful enterprises. It has been a time-
honored rule that judges and all court employees should endeavor to maintain at all times the
confidence and high respect accorded to those who wield the gavel of justice.

Judge Diasen's act of attempting to sell rice to his employees and to employees of other branches was
highly improper. As a judge, he exercised moral ascendancy and supervision over these employees. If
the sale had pushed through, he would have profited from his position.

 ROGER RAPSING VS. JUDGE CARIDAD M. WALSE-LUTERO, METROPOLITAN TRIAL COURT,

BR. 34, QUEZON CITY [NOW PRESIDING JUDGE, REGIONAL TRIAL COURT, BR. 223, QUEZON
CITY] AND CELESTINA D. ROTA, CLERK OF COURT III, METROPOLITAN TRIAL COURT, BR. 34,
QUEZON CITY
A.M. No. MTJ-17-1894 April 4, 2017

As the presiding judge, it was respondent's responsibility to know which cases or motions were
submitted for decision or resolution. Judges are expected to closely follow the development of cases
and in this respect, "to keep [their] own record of cases so that [they] may act on them promptly."

Here, considering the reasons for the delay in the resolution of the motions, the absence of bad faith or
malice on the part of respondent, and lack of any record of previous administrative sanctions against
her, we consider it proper to admonish respondent Judge Walse-Lutero for her failure to act promptly
on the complainant's motions.

Branch clerks of court must realize that their administrative functions are vital to the prompt and proper
administration of justice. They are charged with the efficient recording. filing and management of court
records, besides having administrative supervision over court personnel. They play a key role in the
complement of the court and cannot be permitted to slacken on their jobs under one pretext or another.
They must be assiduous in performing their official duties and in supervising and managing court
dockets and records.

Rota's apathy towards her duties and responsibilities as Branch Clerk of Court is inimical to the prompt
and proper administration of justice. Simple neglect of duty is defined as the failure of an employee to
give one's attention to a task expected of him or her. Gross neglect of duty is such neglect which, "from
the gravity of the case or the frequency of instances, becomes so serious in its character as to
endanger or threaten the public welfare."

The objective of imposing the correct disciplinary measure is not so much to punish the erring officer or
employee but primarily to improve public service and preserve the public's faith and confidence in the

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 government. Respondent's incompetence and repeated infractions exhibited her unfitness, and plain
inability to discharge the duties of a Branch Clerk of Court, which justifies her dismissal from service.

 LIANG FUJI VS. ATTY. GEMMA ARMI M. DELA CRUZ

A.C. No. 11043 March 8, 2017

Failure to exercise utmost prudence in reviewing the immigration records of an alien, which resulted in
the alien's wrongful detention, opens the special prosecutor in the Bureau of Immigration to
administrative liability.

Generally, this Court defers from taking cognizance of disbarment complaints against lawyers in
government service arising from their administrative duties, and refers the complaint first either to the
proper administrative body that has disciplinary authority over the erring public official or employee or
the Ombudsman.

Generally, a lawyer who holds a government office may not be disciplined as a member of the Bar for
misconduct in the discharge of her duties as a government official. However, if said misconduct as a
government official also constitutes a violation of her oath as a lawyer and the Code of Professional
Responsibility, then she may be subject to disciplinary sanction by this Court.

 DOMINADOR BIADO et al. VS. HON. MARIETTA S. BRAWNER-CUALING, PRESIDING JUDGE,

MUNICIPAL CIRCUIT TRIAL COURT [MCTC], TUBA-SABLAN, BENGUET, RESPONDENTS.
A.M. No. MTJ-17-1891 February 15, 2017

An administrative complaint is not the proper remedy for every action of a judge considered "aberrant or
irregular" especially when a judicial remedy exists. It must be underscored that "the acts of a judge in
his judicial capacity are not subject to disciplinary action."

Since "bad faith or malice cannot be inferred simply because the judgment is adverse to a party," it is
incumbent upon the complainants to prove that respondent judge was manifestly partial against them.
Their failure to prove this is fatal to their cause. Apart from their bare allegations, complainants offered
no other independent proof to validate this allegation.

 ANITA SANTOS MURRAY, V. ATTY. FELICITO J. CERVANTES

A.C. No, 5408 February 7, 2017

Disciplinary proceedings against lawyers do not involve a trial of an action, but rather investigations by
the court into the conduct of one of its officers." Thus, disciplinary proceedings are limited to a
determination of "whether or not the attorney is still fit to be allowed to continue as a member of the
Bar."

Although the Court renders this decision an administrative proceeding primarily to exact the ethical
responsibility on a member of the Philippine Bar, the Court's silence about the respondent lawyer's
legal obligation to restitute the complainant will be both unfair and inequitable. No victim of gross ethical
misconduct concerning the client's funds or property should be required to still litigate in another
proceeding what the administrative proceeding has already established as the respondent's liability.
That has been the reason why the Court has required restitution of the amount involved as a
concomitant relief.

 ATTY. JOSELITA C. MALIBAGO-SANTOS, CLERK OF COURT VI, OFFICE OF THE CLERK OF

COURT, REGIONAL TRIAL COURT, ANTIPOLO CITY, RIZAL, VS. JUANITO B. FRANCISCO, JR.,
SHERIFF IV, OFFICE OF THE CLERK OF COURT [OCC], REGIONAL TRIAL COURT, ANTIPOLO
CITY, RIZAL.
A.M. No. P-16-3459 June 29, 2016

Sheriffs play an important role in the effective and efficient administration of our justice system. They
must, at all times, maintain the high ethical standards expected of those serving in the judiciary.
Consequently, a sheriff must always perform his or her duty with integrity for "once he [or she] loses the
people's trust, he [or she] diminishes the people's faith in the judiciary."

Codes of ethics for public employees such as sheriffs prohibit them from accepting any form of
remuneration in relation to the performance of their official duties. This Court will no longer tolerate
court employees who receive gifts or tokens from party-litigants for favorable treatment or efficient
service.
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 TERESITA P. FAJARDO VS. ATTY. NICANOR C. ALVAREZ
A.C. No. 9018 April 20, 2016

This administrative case involves the determination of whether a lawyer working in the Legal Section of
the National Center for Mental Health under the Department of Health is authorized to privately practice
law, and consequently, whether the amount charged by respondent for attorney's fees is reasonable
under the principle of quantum meruit.

Practice of law means any activity, in or out of court, which requires the application of law, legal
procedure, knowledge, training and experience. "To engage in the practice of law is to perform those
acts which are characteristics of the profession.

Work in government that requires the use of legal knowledge is considered practice of law. Under
Section 7(b)(2) of Republic Act No. 6713, otherwise known as the Code of Conduct and Ethical
Standards for Public Officials and Employees, and Memorandum Circular No. 17, series of 1986,
government officials or employees are prohibited from engaging in private practice of their profession
unless authorized by their department heads. More importantly, if authorized, the practice of profession
must not conflict nor tend to conflict with the official functions of the government official or employee.

In this case, respondent was given written permission by the Head of the National Center for Mental
Health, whose authority was designated under Department of Health Administrative Order No. 21,
series of 1999. However, by assisting and representing complainant in a suit against the Ombudsman
and against government in general, respondent put himself in a situation of conflict of interest.
Respondent's practice of profession was expressly and impliedly conditioned on the requirement that
his practice will not be "in conflict with the interest of the Center and the Philippine government as a
whole." There is basic conflict of interest here. By appearing against the Office of the Ombudsman,
respondent is going against the same employer he swore to serve.

 DAVID YU KIMTENG ET., AL. ATTY. JOVITO GAMBOL, AND ATTY. DAN REYNALD R. MAGAT,
PRACTICING LAW UNDER THE FIRM NAME, YOUNG REVILLA GAMBOL & MAGAT, AND JUDGE
OFELIA L. CALO, PRESIDING JUDGE OF BRANCH 211 OF THE REGIONAL TRIAL COURT,
MANDALUYONG CITY
G.R. No. 210554 August 5, 2015

A disbarred lawyer's name cannot be part of a firm's name. A lawyer who appears under a firm name
that contains a disbarred lawyer's name commits indirect contempt of court.

Maintaining a disbarred lawyer's name in the firm name is different from using a deceased partner's
name in the firm name. Canon 3, Rule 3.02 allows the use of a deceased partner's name as long as
there is an indication that the partner is deceased.

The lawyer's duty to prevent, or at the very least not to assist in, the unauthorized practice of law is
founded on public interest and policy. Public policy requires that the practice of law be limited to those
individuals found duly qualified in education and character. The permissive right conferred on the
lawyer is an individual and limited privilege subject to withdrawal if he fails to maintain proper standards
of moral and professional conduct.

 CRESCENCIANO M. PITOGO, VS. ATTY. JOSELITO TROY SUELLO,

A.C. No. 10695 March 18, 2015

Respondent is administratively liable for his negligence in keeping and maintaining his notarial register.
Notarization is not an empty, meaningless, routinary act. It is invested with such substantial public
interest that only those who are qualified or authorized may act as notaries public. Notarization converts
a private document into a public document, making that document admissible in evidence without
further proof of its authenticity. For this reason, notaries must observe with utmost care the basic
requirements in the performance of their duties.

Hence, when respondent negligently failed to enter the details of the three (3) documents on his notarial
register, he cast doubt on the authenticity of complainant’s documents. He also cast doubt on the
credibility of the notarial register and the notarial process. He violated not only the Notarial Rules but
also the Code of Professional Responsibility, which requires lawyers to promote respect for law and
legal processes.
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 Respondent’s secretary cannot be blamed for the erroneous entries in the notarial register. The notarial
commission is a license held personally by the notary public. It cannot be further delegated. It is the
notary public alone who is personally responsible for the correctness of the entries in his or her notarial
register. Respondent’s apparent remorse may assuage the injury done privately, but it does not change
the nature of the violation.

 VICTOR C. LINGAN VS. ATTYS. ROMEO CALUBAQUIB AND JIMMY P. BALIGA

A.C. No. 5377 June 30, 2014

The Supreme Court has the exclusive jurisdiction to regulate the practice of law. The exercise of the
powers and functions of a Commission on Human Rights Regional Director constitutes practice of law.
Thus, the Regional Director must be an attorney — a member of the bar in good standing and
authorized to practice law. When the Regional Director loses this authority, such as when he or she is
disbarred or suspended from the practice of law, the Regional Director loses a necessary qualification
to the position he or she is holding. The disbarred or suspended lawyer must desist from holding the
position of Regional Director.

The Commission on Human Rights erred in issuing the resolution dated April 13, 2007. This resolution
caused Atty. Baliga to reassume his position as Regional Director/Attorney VI despite lack of authority
to practice law. The Commission cannot, by mere resolutions and other issuances, modify or defy this
court’s orders of suspension from the practice of law. Although the Commission on Human Rights has
the power to appoint its officers and employees, it can only retain those with the necessary
qualifications in the positions they are holding.

 REX M. TUPAL, COMPLAINANT, VS. JUDGE REMEGIO V. ROJO, BRANCH 5, MUNICIPAL TRIAL
COURT IN CITIES (MTCC), BACOLOD CITY, NEGROS OCCIDENTAL, RESPONDENT.
A.M. MTJ-14-1842 February 24, 2014

Municipal trial court judges cannot notarize affidavits of cohabitation of parties whose marriage they will
solemnize.

Municipal trial court and municipal circuit trial court judges may act as notaries public. However, they
may do so only in their ex officio capacities. They may also act as notaries public ex officio only if
lawyers or notaries public are lacking in their courts’ territorial jurisdiction. They must certify as to the
lack of lawyers or notaries public when notarizing documents ex officio.

Judge Rojo notarized affidavits of cohabitation, which were documents not connected with the exercise
of his official functions and duties as solemnizing officer. He also notarized affidavits of cohabitation
without certifying that lawyers or notaries public were lacking in his court’s territorial jurisdiction.

As a solemnizing officer, the judge’s only duty involving the affidavit of cohabitation is to examine
whether the parties have indeed lived together for at least five years without legal impediment to marry.
The Guidelines does not state that the judge can notarize the parties’ affidavit of cohabitation.

B. MISCELLANEOUS POINTS (Compiled by Deputy Insurance Commissioner Erickson Balmes)

 What is the Bangalore Draft? – The draft, agreed to by world jurists in a judicial conference held in
Bangalore, India, and adopted as the model by the Supreme Court of the Philippines in promulgating
the New Code of Judicial Conduct for the Philippine Judiciary and the Code of Conduct for Court
Personnel, both of which took effect on June 1, 2004.

 Distinguish: Case at Bar vs. Case at Bench : Case at bar is the case being tried by the trial court in the
exercise of its jurisdiction, i.e. the case that is currently the subject of a particular trial or judicial
proceeding, while case at bench is the case being heard before an appellate court.

 What is consent judgment? – A compromise agreement between the parties to end further litigation by
having a court of competent jurisdiction approve the compromise as having the same force and effect
as a judgment by the court. Thus, once approved, it has the force of res judicata with respect to the

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 contentious issues in the case. Such a judgment, as a rule, is immediately executory (Del Rosario v.
Madayag and Leviste).

 What is hurried justice? – Such promptness in rendering judgment, when not sobered with prudence
and wisdom in the final disposition of cases frequently resulting in speedy injustice (LEONEN).

 Who is a judge’s family ? – It shall include his spouse and children, as well as children-in-law, and any
other relative by consanguinity or affinity within the sixth civil degree, or a person who is a companion
or employee of the judge and who lives in the judge’s household.

 What is a juris consult? – A lawyer who is recognized as an expert in a specialized branch of the law,
e.g. international law, constitutional law, Shari’a law. A juris consult is an existing position in the
judiciary under Shari’a law.

 Who is a Justice? – The title of Justice is reserved by law and Court rules in reference to incumbent
and retired members of the SC, CA, Sandiganbayan, and the Court of Tax Appeals. It may not be used
by any other official from whichever branch of government even if such officials are given the rank of
Justice (JBC No. 001, en banc Resolution, February 14, 1989).

 What is malpractice? – The failure of a lawyer to exercise on behalf of his client, the knowledge, skill,
and ability ordinarily possessed by members of the Bar whereby an actual loss is caused the client.

 What is the principle of Notatu Dignum? – The presumption of regularity in the performance of the duty
of a judge, hence, bias, prejudice, and even undue interest cannot be presumed, especially when
weighed against the sacred obligation of the judge under his oath of office to administer justice without
respect to any person and do equal right to the poor and the rich (Mamerto Maniquiz Foundation v.
Pizzarro).

 Who is a pairing judge? – A judge who is designated to cover for another judge in the latter’s court or
sala in the event of one or the other’s absence due to resignation, dismissal, retirement, death,
suspension, or prolonged absence. He takes cognizance of all cases in the paired sala as acting judge
until the return of the regular incumbent judge or assumption of duty of a new judge.

 What is pro bono? – A Latin term which means for the public good. It usually refers to the services
rendered by a lawyer for free, usually for a good cause or an indigent client.

 What is pro se? A Latin term which means on his own behalf. It is usually used in connection with
representing oneself in a court of law without the assistance of an attorney.

 What is quantum meruit? – Literally means as much as a lawyer deserves. It essentially denotes that in
determining fees, the attorney will be paid for his services as much as he deserves when the services
are prematurely terminated by the act of either party, or by reason of death, disability, or operation of
law, considering the importance of the subject matter of the controversy, the extent of the services
rendered, and the professional standing of the lawyer.

 What is subjudice principle? – A legal principle expressed in Latin which means that a certain matter is
under judicial or court consideration whose result or consequence is still undetermined and, therefore
may not be an appropriate subject to comment on publicly as to its possible outcome. Any such
comment may subject the commentator to contempt of court.

 What is the JBC? – The Judicial and Bar Council is created under the supervision of the Supreme
Court, with the Chief Justice as ex officio Chairman, the Secretary of Justice and a member of
Congress as ex officio Members, a representative of the Integrated Bar, a professor of law, a retired
Member of the Supreme Court, and a representative of the private sector.

 All cases and matters filed before the SC shall be resolved within 24 months within date of submission.
Unless the same is reduced by the SC, the period is 12 months for all lower collegiate courts, and 3
months for all lower courts. A case is deemed submitted upon the filing of the last pleading, or upon
order of the court that the case is submitted for resolution.

 JBC Power of Recommendation – The Members of the SC and judges of the lower courts shall be
appointed by the President (within 90 days) from a list of at least three nominees prepared by the JBC
for each vacancy. Such appointments need no confirmation.

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 Security of Tenure – No law shall be passed reorganizing the Judiciary when it undermines the security
of tenure of its Members.

 The Supreme Court has upheld the grant of allowance by LGUs to judges, prosecutors, public
elementary and high school teachers, and other national government officials stationed in or assigned
to the locality, pursuant to Sections 447 and 468 of the LGC. To rule against the power of LGUs to
grant such allowances to judges will subvert the principle of local autonomy zealously guaranteed by
the Constitution (Dadole v. COA).

 The use of protocol car plates by a retired judge when appearing in court as counsel is dishonest
conduct.

 An effect of the forfeiture of benefits due to removal from office by dishonorable conduct is the
prohibition from using the title judge or justice (San Jose Homeowners Association v. Atty. Roberto
Romanillos).

 The quantum of evidence required in holding judges administratively liable is preponderance of

evidence. The burden is on the complainant.

 An administrative complaint is not the appropriate remedy for every irregular or erroneous order or
decision issued by a judge where a judicial remedy is available such as the special civil actions for
certiorari and prohibition. Otherwise, if administrative complaints will be filed for every erroneous ruling
or decision, it would be nothing short of harassment and would make the judge’s position doubly
unbearable (Marilou Punongbayan v. Judge Maximo Libre).

 Exhaustion of administrative remedies applies in discipline of judges. Disciplinary proceedings and

criminal actions against judges are not complimentary or suppletory of, nor a substitute for, judicial
remedies. Resort to and exhaustion of such remedies, as well as entry of judgment in the
corresponding action or proceeding are prerequisites for the taking of other measures against the
persons of judges concerned whether civil, criminal, or administrative in nature.

 A defense of human frailty will not avail the erring judge because the noble profession of the judiciary
demands from him courteous speech in or out of court.

 The Constitution mandates that a judge has 90 days to decide cases, subject to a request for extension
in the proper cases. Failure to ask for extension makes the judge liable for gross inefficiency (Dr.
Wilson Tan v. Judge Antonio Estoconing).

 Circular No. 6, April 10, 1987 – All judges, Clerks of Court, and Sheriffs are hereby enjoined from
accepting the position of director or other position in any electric cooperative or other enterprises or to
resign immediately from such position if already holding the same.

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