LEGAL ETHICS

Q. Give the Lawyers Oath

A.
I, _______________________, do solemnly swear that I will maintain allegiance to the Republic of the Philippines; I will
support its Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein; I will do no
falsehood, nor consent to the doing of any in court; I will not willingly nor willfully promote or sue any groundless, false or
unlawful suit; or gie aid nor consent to the same; I will delay no man for money or malice, and will conduct myself as a
lawyer according to the best of my !nowledge and discretion, with all good fidelity as well as to the court as to my clients;
and I impose or purpose of easion. "o help me #od.$
Q. What is Practice of Law?
A. Any actiity, in or out of court, which re%uires the application of law, legal procedure, !nowledge, training and
e&perience. 'o engage in the practice of law is to gie notice or render any !ind of serice, which deice or serice
re%uires the use in any degree of legal !nowledge or s!ill (Cayetano s. )onsod, *+, "CRA *,+-.
Q. Who are non-lawyers authorized to appear in court?
A.
,. In cases before the )'C, a party may conduct his case or litigation in person, with the aid of an agent or friend
appointed by him for that purpose ("ec. ./, Rule ,.0, RRC-.
*. 1efore any other court, a party may conduct his litigation personally
.. In a criminal case before the )'C in a locality where a duly licensed member of the 1ar is not aailable, the
2udge may appoint a non3lawyer who is4
a. resident of the proince, and
b. of good repute for probity and ability to aid the accused in his defense (Rule ,,5, "ec. 6, RRC-
/. A senior law student, who is enrolled in a recogni7ed law school8s clinical education program approed by the
"upreme Court may appear before any court without compensation, to represent indigent clients accepted by the
9egal Clinic of the law school. 'he student shall be under the direct superision and control of an I1P member
duly accredited by the law school.
:. ;nder the 9abor Code, non3lawyers may appear before the <9RC or any 9abor Arbiter, if (,- they represent
themseles, or if (*- they represent their organi7ation or members thereof (Art. ***, P= //*, as amended-.
5. ;nder the Cadastral Act, a non3lawyer can represent a claimant before the Cadastral Court (Act <o. **:>, "ec.
>-.
6. Any person appointed to appear for the goernment of the Phil. in accordance with law ("ec. .. Rule ,.0-.
Q. Who are the persons authorized to represent the governent?
A.
,. "olicitor #eneral
*. Assistant "olicitors #eneral
.. "olicitors and 'rial Attorneys
/. "tate Prosecutors or special counsel in the ?epartment of @ustice
:. Proincial and City Prosecutors and their assistants
5. =ther attorneys in other legal offices of the goernment
Q. !s a lawyer e"er of the Legislature a"solutely prohi"ited fro personally engaging in the practice of his
profession?
Page 1 of 6
LEGAL ETHICS
A. <o. <o senator or member of the Aouse of Representaties may personally appear as counsel before any courts of
2ustice or before the Blectoral 'ribunals, or %uasi32udicial and other administration bodies. 'he word appearance$
includes not only arguing a case before any such body but also filing a pleading on behalf of a client.
Q. What is oral turpitude?
A. )oral turpitude includes eerything which is done contrary to 2ustice, honesty, modesty, or good morals.
Q. What is "arratry?
A. 1arratry is the offense of fre%uently e&citing and stirring up %uarrels and suits, either at law or otherwise. It is the
lawyer8s act of fomenting suits among indiiduals and offering his legal serices to one of them.
Q. When ay a private prosecutor intervene?
A. A priate prosecutor on behalf of the offended party is allowed to interene in the prosecution of a crime only where
from the nature of the offense or the law defining and punishing the offense charged ciil liability is deemed instituted with
the criminal action.
Q. What are the lia"ilities of an applicant who willfully falsified his application to ta#e the $ar %&aination?
A. Ae is criminally liable for Calsification of Public ?ocument under Article ,6, of the Reised Penal Code. And if after
hurdling the 1ar B&amination, he is later found to hae falsified his application for admission to the 1ar, he is li!ewise
administratiely liable for misconduct.
Q. What are the lia"ilities in the unauthorized practice of law?
A. 'he act of pretending or assuming to be an attorney or an officer of the court and acting as such without authority is
punishable with contempt of court. 'he lawyer who assists in an unauthori7ed practice of law whether directly or indirectly
is sub2ect to disciplinary action.
Q. What are instances of foru shopping?
A.
,. Dhen, as a result of an aderse opinion in one forum, a party see!s a faorable opinion in another.
*. Dhen he institutes two or more proceedings grounded on the same cause, on the gamble that one or the
other court would ma!e a faorable disposition
.. Ciling a second suit in a court without 2urisdiction
/. Ciling an action in court while the same cause of action is still pending in an administratie proceeding
:. Dhen counsel omits to disclose the pendency of an appeal
Q. What is the sanction for violating the rule against foru shopping?
A. It shall cause the dismissal of both complaints or actions and contempt charge to the party concerned and his counsel.
Q. What are the three tests to deterine conflicting interests?
A.
,. Dhen, on behalf of one client, it is the attorney8s duty to contest for that which his duty to another client re%uires
him to oppose or when this possibility of such situation will deelop (conflicting duties).
Page 2 of 6
LEGAL ETHICS
*. Dhether the acceptance of the new relation will preent a lawyer from the full discharge of his duty of undiided
fidelity and loyalty to his client or will inite suspicion of unfaithfulness or double3dealing in the performance
thereof (Invitation of suspicion).
.. Dhether a lawyer will be called upon in his new relation to use against the first client any !nowledge ac%uired in
the preious employment (use of prior knowledge obtained).
Q. What is retainer?
A. Retainer is an act of a client by which he engages an attorney to manage a cause for him in a case in which he is a
party, or otherwise to adise him as counsel.
'here are two !inds of legal retainer E the general retainer and special retainer. A general retainer is one in which the
client secures the serices of a lawyer in adance for any emergency that may afterwards arise. A special retainer refers
to serices for a particular case or serices.
Q. What are the re'uisites of privileged counication?
A.
,. 'here is an attorney3client relationship or a !ind of consultancy re%uirement with a prospectie client;
*. 'he communication was made by the client to the lawyer in the course of the lawyer8s professional
employment;
.. 'he communication must be intended to be confidential.
Q. What is a lawyers retaining lien?
A. A lawyer shall hae a lien oer the client8s funds and may apply so much thereof to satisfy his lawful fees and
disbursements but must gie prompt notice to his client for the latter8s adertisement.
Q. What is a charging lien?
A. Cor the further protection of the lawyer, he shall also hae a lien to the e&tent of his attorney8s fees and legal
disbursements on all 2udgments and e&ecutions he has secured for his client as proided for in the Rules.
Q. What is a chapertous contract?
A. It is a contract where a lawyer stipulates with his client that in the prosecution of the case, he will bear all the e&penses
for the recoery of things or property being claimed by the client and the latter agrees to pay the former a portion of the
thingFproperty recoered as compensation.
Q. What are the characteristics of a dis"arent proceeding?
A.
,. It is neither a ciil nor a criminal proceeding.
*. ?ouble 2eopardy cannot be aailed of in a disbarment proceeding against an attorney.
.. It can be initiated motu propio by the "upreme Court or by the I1P. It can be initiated without a complainant.
/. It can proceed regardless of interest or lac! of interest of the complainants. If the facts proen so warrant.
:. It is imprescriptible.
5. It is conducted confidentially being confidential in nature until its final determination.
6. It is itself due process of law.
Q. What is the criterion for reinstateent?
A. Dhether or not the applicant shall be reinstated rests to a great e&tent in the sound discretion of the court. 'he court
action will depend, generally spea!ing, on whether or not it decides that the public interest in the orderly and impartial
administration of 2ustice will be consered by the applicant8s participation therein in the capacity of an attorney and
Page 3 of 6
LEGAL ETHICS
counsel at law. 'he applicant must, li!e a candidate for admission to the 1ar, satisfy the Court that he is a person of good
moral character E a fit and proper person to practice law.
Q. What is the ethical conduct deanded of lawyers in the governent?
A. "ince public office is a public trust, the ethical conduct demanded upon lawyers in the goernment serice is more
e&acting than the standards for those in priate practice. 9awyers in the goernment serice are sub2ect to constant
public scrutiny under norms of public accountability. 'hey also bear the heay burden of haing to put aside their priate
interest in faor of the interest of the public; their priate actiities should not interfere with the discharge of their official
functions. (=la7o . 'inga A.). <o. ,+3:363"C-

Q. What is (udicial %thics?
A. @udicial Bthics is that branch of moral science, which treats of the right and proper conduct to be obsered by all 2udges
and magistrates in trying and deciding controersies brought to them for ad2udication which conduct must be
demonstratie of impartiality, integrity, competence, independence and freedom from improprieties.
Q. What governs the official and personal conduct of the e"ers of the )udiciary?
A. 'he <ew Code of @udicial Conduct for the Philippine @udiciary promulgated by the "upreme Court on April *6, *++/
and became effectie on @une ,, *++/, which was adopted pursuant to 1angalore ?raft of the Code of @udicial Conduct.
Q. !s the personal life of a )udge also regulated "y the *ew +ode of (udicial +onduct for the Philippine
(udiciary?
A. Ges. Canon *, specifically states that the integrity is essential not only to the proper discharge of the 2udicial office but
also to the personal demeanor of 2udges.
Q. !s it proper for a )udge to allow his residences as a venue for receiving clients and their lawyers "y a e"er
of the legal profession?
A. <o, It is specifically proscribed by the <ew Code in "ec. : of Canon /, which states that 2udges shall not allow the use
of their residence by a member of the legal profession to receie clients of the latter or of other members of the legal
profession.
Q. ,ay a )udge "orrow oney fro a coplainant?
A. Rule :.+*, Canon : of the Code of @udicial Conduct mandates that a 2udge shall refrain from financial and business
dealings that tend to reflect adersely on the court8s impartiality, interfere with the proper performance of 2udicial actiities,
or increase inolement with lawyers or persons li!ely to come before the court. (1urias s. Halencia A.). <o. )'@3+63
,50>-
Q. !s the +ode of (udicial +onduct applica"le to +O,%L%+ +oissioners?
A. <o, 'he <ew Code of @udicial Conduct for the Philippine @udiciary applies only to courts of law, of which the Comelec is
not, hence, sanctions pertaining to iolations thereof are made e&clusiely applicable to 2udges and 2ustices in the
2udiciary, not to %uasi32udicial officers li!e the Comelec chairman and members, who hae their own codes of conduct to
steer them. ()arcoleta s. 1orra A.C. <o. 66.*-
Q. ,ay ! )udge "e held civilly lia"le in refusing to inhi"it fro a case?
A. Dheneer and whereer a 2udge of a court of superior 2urisdiction e&ercises 2udicial functions, he will not be personally
liable in ciil damages for the result of his actions, and the test of 2udicial liability is not 2urisdiction, but such liability
depends wholly upon the nature of the %uestion which is being determined when the error complained of is committed by
the court. If such %uestion is one of the determination of which re%uires the e&ercise of 2udicial functions, the 2udge is not
liable, een though there is in reality an absolute failure of 2urisdiction oer the sub2ect matter.$ (Aparicio s. Andal #R
05:063>.-
Page 4 of 6
LEGAL ETHICS
Q. ,ay a case for andaus copel a )udge to hear a case?
A. <o, )andamus would not lie to compel respondent @udge Bd la Cru7 to proceed with the hearing of the case since the
grant or denial of a motion to inhibit inoles the e&ercise of discretion. (#utang s. C.A. #R ,*/65+-
<='B4 Pimentel s. "alanga #R 93*6>./ E A 2udge may not be legally prohibited from sitting in a litigation, thus when
suggestion is made of record that he might be induced to act in faor of one party or with bias or pre2udice against a
litigant, arising out of circumstances reasonably capable of inciting such a state of mind, he should conduct a careful self3
e&amination. Ae should e&ercise his discretion in a way that the people8s faith in the courts of 2ustice is not impaired.
Q. What are the grounds for initiating an !peachent proceeding against a (ustice?
A. 'he grounds for impeachment are
,. culpable iolation of the Constitution
*. treason
.. bribery
/. graft and corruption
:. other high crimes
5. betrayal of public trust.
Q. What are the andatory dis'ualifications for (ustices and (udges?
A. <o 2udge or 2udicial officer shall sit in any case in which he, or his wife or child, is pecuniarily interested as heir, legatee,
creditor or otherwise, or in which he is related to either party within the si&th degree of consanguinity or affinity, or to
counsel within the fourth degree, computed according to the rules of the ciil law, or in which he has been e&ecutor,
administrator, guardian, trustee or counsel, or in which he has been presided in any inferior court when his ruling or
decision is the sub2ect of reiew, without the written consent of all parties in interest, signed by them and entered upon the
record. (Rule ,.6, "ection ,-
@udges shall dis%ualify themseles from participating in any proceedings in which they are unable to decide the matter
impartially or in which it may appear to a reasonable obserer that they are unable to decide the matter impartially. "uch
proceedings include, but are not limited to, instances where (a- 'he 2udge has actual bias or pre2udice concerning a party
or personal !nowledge of disputed eidentiary facts concerning the proceedings; (b- 'he 2udge preiously sered as a
lawyer or was a material witness in the matter in controersy; (Canon . of the <ew Code of @udicial Conduct for
Philippine @udiciary, "ection :-
Dhen any of the grounds for mandatory inhibition e&ists, the 2udge must dis%ualify himself without any challenge from
either party. Ae has no option. 'he only e&ception is when all the parties, upon disclosure by the 2udge of the ground, gie
consent in writing and this written consent is entered into the record. It is called Remittal of ?is%ualification.
Q. What is the rule on the recovery of costs of a disissed action? On -rivolous .ppeal? On -alse .llegations?
On *on-appearance of witness?
A. If an action or appeal is dismissed for want of 2urisdiction or otherwise, the court neertheless shall hae the power to
render 2udgment for cost, as 2ustice may re%uire. (Rule ,/*, "ection *-
Dhere an action or appeal is found to be friolous, double or treble cost may be imposed on the plaintiff or appellant,
which shall be paid by his attorney, if so ordered by the court. (Rule ,/*, "ection .-
An aerment in a pleading made without reasonable cause and found untrue shall sub2ect the offending party to the
payment of such reasonable e&penses as may hae been necessarily incurred by the other party by reason of such
untrue pleading. 'he amount of e&penses so payable shall be fi&ed by the 2udge in the trial, and ta&ed as costs. (Rule
,/*, "ection /-
Page 5 of 6
LEGAL ETHICS
If a witness fails to appear at the time and place specified in the subpoena issued by any inferior court, the cost of the
warrant of arrest and of the arrest of the witness shall be paid by the witness if the court shall determine that his failure to
answer the subpoena was willful or without 2ust e&cuse. (Rule ,/*, "ection ,*-
Q. What is *otarization?
A. <otari7ation refers to any act that a notary public is empowered to perform such as ac!nowledgments, oaths and
affirmations, 2urats, signature witnessing, and copy certifications. (*++/ Rules on <otarial Practice IRulesJ-
Q. What effect does notarization have on a docuent?
A. <otari7ation conerts a priate document into a public document and renders the document admissible in court as
eidence without need for further proof of its authenticity. A notari7ed document is entitled, by law, to full faith and credit
upon its face. <otari7ation also ests upon the document the presumption of regularity unless it is impugned by strong,
complete and conclusie proof. ("ec. .+, Rule ,.*, Rules of Court; ?e Rosales s. Ramos, A.C. <o. :5/:, @uly *, *++*-
Q. What is a copetent evidence of identity?
A. 'he phrase Kcompetent eidence of identityK refers to the identification of an indiidual based on at least one current
identification document issued by an official agency bearing the photograph and signature of the indiidual ("ection ,* of
Rule II, *++/ Rules on <otarial Practice, as amended by A.). <o. +*303,.3"C dated Cebruary ,>, *++0-; or the oath or
affirmation of one credible witness not priy to the instrument, document or transaction who is personally !nown to the
notary public and who personally !nows the indiidual, or of two credible witnesses neither of whom is priy to the
instrument, document or transaction who each personally !nows the indiidual and shows to the notary public
documentary identification.
Q. What are the prohi"itions of a *otary Pu"lic?
A. A notary public shall not perform a notarial act outside his regular place of wor! or business; proided, howeer, that
on certain e&ceptional occasions or situations, a notarial act may be performed at the re%uest of the parties in the
following sites located within his territorial 2urisdiction, public offices, conention halls, and similar places where oaths of
office may be administered; public function areas in hotels and similar places for the signing of instruments or documents
re%uiring notari7ation; hospitals and other medical institutions where a party to an instrument or document is confined for
treatment; and any place where a party to an instrument or document re%uiring notari7ation is under detention.
A person shall not perform a notarial act if the person inoled as signatory to the instrument or document is not in
the notaryLs presence personally at the time of the notari7ation; and is not personally !nown to the notary public or
otherwise identified by the notary public through competent eidence of identity as defined by these Rules.
<='B4 9a%uindanum s. Muintana A.C. <o. 6+.5 / Atty. Muintana iolated the *++/ Rules on <otarial Practice and the
Code of Professional Responsibility when he committed the following acts4 (,- he notari7ed documents outside the area of
his commission as a notary public; (*- he performed notarial acts with an e&pired commission; (.- he let his wife notari7e
documents in his absence; and (/- he notari7ed a document where one of the signatories therein was already dead at that
time.
Page 6 of 6