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, or give aid nor consent to the same; I will delay no man for money
or malice, and will conduct myself as a lawyer according to the best of my
knowledge and discretion, with all good fidelity as well to the courts as to my
clients; and I impose upon myself these voluntary obligations without any mental
reservation or purpose of evasion. So help me God.
I. LEGAL ETHICS
A. Practice of Law
1. Concept
a) Practice of law is not a natural, property or constitutional right but a
mere privilege to be extended or withheld in the exercise of sound
judicial discretion. It is a privilege accorded only to those who measure
up to certain rigid standards of mental and moral fitness. But the right
to practice law, once granted, is a right in the sense that it cannot be
capriciously taken from a lawyer, without due process of law.
b) Practice of law is a profession, a form of public trust, the performance
of which is entrusted only to those who are qualified and who possess
good moral character. It is not a business, using bargain counter
methods to reap a large profit. The gaining of a livelihood is but a
secondary consideration.
c) The law as a profession proceeds from the basic premise that
membership in the bar is a privilege burdened with conditions and
carries with it the responsibility to live up to its exacting standards and
honored traditions.
d) The primary characteristics which distinguish the legal profession from
business are:
(1) a duty of public service of which emolument Is a by-product;
(2) a relation as officer of the court to the administration of
justice;
(3) a relation to client in the highest degree fiduciary;
(4) a relation to colleagues characterized by candor and
fairness.
It is not limited to the conduct of cases in court. It includes legal advice and
counselling, and the preparation of legal documents and contracts by which legal
rights are secured (Ulep v. Legal Clinic, Inc., 223 SCRA 378
Habituality
Compensation
Application of law, legal principle , practice or procedure
Attorney-client relationship
a.
b.
c.
d.
e.
Three conditions before a GOCC can hire a private lawyer: (1) private
counsel can only be hired in exceptional cases; (2) the GOCC must first
secure the written conformity and acquiescence of the OSG or the OGCC,
as the case may be; and (3) the written concurrence of the COA must
also be secured. (Vargas vs.Ignes, 623 SCRA 1)
Rights of a lawyer
1.
2.
3.
4.
C.
Constitution
Statutes
Jurisprudence
Lawyers Oath (Sec. 3, Rule 138)
Rules of Court
Codes of Conduct
a. Code of Professional Ethics
b. Code of Professional Responsibility
GENERAL CLASSIFICATION OF DUTIES OF A LAWYER:
1. Public duties
2. Private duties
3. Personal duties
D. CLASSIFICATION OF DUTIES UNDER THE CODE OF PROFESSIONAL
RESPONSIBILITY
1. Duties to society in general
2. Duties to his profession
Canon 1 - A lawyer shall uphold the Constitution, obey the laws of the land, and
promote respect for the law and legal processes (CPR )
A lawyer assumes responsibilities well beyond the basic requirements of good
citizenship. As a servant of the law, he should make himself an example for others
to emulate.
Canon 3 A lawyer In making known his legal services, use only true,
honest, fair, dignified and objective information
a. Allowable advertisements calling cards and announcements in technical
journals (ULEP vs. Legal Clinic, Inc. 223 SCRA 376)
Rule 3.01 A lawyer shall not use any false, fraudulent, misleading, deceptive,
undignified, self-laudatory or unfair statement or claim. Regarding his qualifications
or legal services.
practice, have friends, former associates, and relatives who are in the active
practice of law.
1. Labor arbiter who issued TR0 and PMI without authority. ( Lahn vs. Mayor, Jr. ,
A.C. 7430, Feb. 15, 2012).
2. DAR lawyer who issued writ of execution of CLOA while notice of coverage
was still pending appeal (Berenguer-Landers vs. Atty.Florin A.C. No. 5119,
April 17, 2013)
3. Should the misconduct (Declaratory Relief) of respondent as judge also
warrant his disbarment from the legal profession? We answer in the
affirmative. (OCA vs. Atty. Daniel B. Liangco, A.C. 5355, Dec. 13, 2011)
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 the said service.
Matter means any discrete, isolatable act as well as identifiable
transaction or conduct involving a particular situation and specific party and not
merely n act of drafting, enforcing or interpreting government or agency
procedures, regulations or laws, or briefing abstract priociples of law.
Intervene only includes an act of a person who has the power to influence
the subject proceedings (PCGG vs. Sandiganbayan, 455 SCRA 526)
2. Duties to the legal 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.
Integrated Bar of Philippines
a. Integration of the Bar is the official unification of the entire lawyer
population ordained by the Supreme Court on January 16, 1973.
b. Integration of the Bar is constitutional (In re Integration, 49 SCRA 22)
c. Objectives of the IBP: to elevate standard of the legal profession,
improve the administration of justice, enable Bar to discharge its public
responsibility more effectively.
d. Purposes of the IBP include:
1. to assist in the administration of justice
2. foster and maintain high ideals of integrity, learning ,professional
competence, public service and conduct among its members,
3. to safeguard the professional interests of its members,
4. To cultivate among its members
a spirit of cordiality and
brotherhood,
5. To provide a forum for discussion of law, jurisprudence, law
reform, pleading, practice and procedure, and the Bar to the
Bench and the public,
6. To encourage and foster legal education,
In the
Rule 9.01- A lawyer shall not delegate to any unqualified person the
performance of any task which by law may only be performed a member of the bar
in good standing.
a. Public policy requires that the practice of law be limited to those fund
duly qualified.
b. Lawyer may delegate work to secretary or paralegal provided he
supervises them and does not authorize them to sign pleadings.
c. A lawyer is prohibited from taking in as a partner or associate, a
lawyer under suspension.
d. This rule does not mean that a lawyer may delegate authority to
represent a client to a qualified person, without the consent of the
client.
B.M. No. 2540, September 24, 2013
In Re: Petition to Sign on the Roll of Attorneys, Michael A.
Medado, Petitioner.
While a reading of Canon 9 appears to merely prohibit lawyers from assisting in
the unauthorized practice of law, the unauthorized practice of law by the lawyer
himself if subsumed under this provision, because at the heart of Canon 9 is the
lawyers duty to prevent the unauthorized practice of law. This duty likewise
applies to law students and Bar candidates.
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. When there is a pre-existing agreement with partner or associate
that, upon the latters death, money shall be paid over a reasonable
period of time to his estate or to persons specified in the
agreement.
b. Where the lawyer undertakes to complete unfinished business of
deceased lawyer.
c. Where a lawyer or law firm includes non-lawyer employees ina
retirement plan evenif he plan is based in whole orin part on a
profit-sharing agreement
3. Duties to the Court
Canon 10. A lawyer owes candor, fairness and good faith to the court.
Rule 10.01 A lawyer shall not do any falsehood nor consent to the doing of any in
court; nor shall he mislead the court by any artifice of allow the court to be misled.
a. Alleging false date of receipt of court decision Perea v. Almado, 399
SCA 322)
b. Alleging non-existent amicable settlement as ground for dismissal of
complaint (Maligaya v. Doronila 502 SCRA 1)
c. c. Does not include obligation to allege facts constituting a defense
for the adverse party (Fernandez v. De Ramos-Villalon, A.C. 7552, Nov.
22, 2006)
d. d. Informing the Supreme Court that a case had already been decide in
favor of the adverse party (Director of Lands vs. Adorable, 77 Phil.
468)
Dr. Domiciano F. Villahermosa, Sr. Vs. Atty. Isidro L. Caracol
A.C. No. 7325. January 21, 2015
However, Atty. Caracol knew that Efren had already passed away at the time he
filed the Motion for Issuance of Second Alias Writ of Execution and Demolition. As
an honest, prudent and conscientious lawyer, he should have informed the Court
of his clients passing and presented authority that he was retained by the
clients successors-in-interest and thus the parties may have been substituted
Rule 10.02 A lawyer must not knowingly misquote or misinterpret the contents of
the paper, the language or the argument of opposing counsel, or the text of a
decision or authority, or knowingly cite as a law provision already rendered
inoperative by repeal or amendment, or assert as a fact that which has not been
proved.
a. Copy word for word, quotation mark by quotation mark (Insular Life
Assurance Co. Ltd. Employees Association vs. Insular Life Assurance Co., Ltd., 37
SCRA 244)
Rule 10.03. A lawyer shall observe the rules of procedure and shall not misuse
them to defeat the ends of justice.
a. Misleading the court to believe that the compromise agreement was not signed
by his client (Heirs of Romero vs. Ryes, 461 SCRA 1)
Rule 10.04 A lawyer shall, when filing a pleading, furnish the opposing party with a
copy thereof, together with all the documents annexed thereto. Unless a motion is
ex-parte, he should set it for hearing with sufficient notice to the other party.
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.
Respect is due not only to the judge but also to other officers of the court like
the clerks of court, sheriffs and other officers who take part in the judicial work.
Rule 11.01- A lawyer shall appear in court properly attired.
Rule 11.02- A lawyer shall punctually appear at court hearings
a. Also covers prompt compliance to the courts orders.
b. Judges may cite lawyers in contempt of court for coming late or being
absent.
Rule 11.03. - A lawyer shall abstain from scandalous, offensive or menacing
language or behavior before the courts. (Rule 11.03)
a. A lawyers language should alwaysuplift the dignity of the legal
profession.
b. For the felicity of his client, he may be pardoned for some infelicities in
language.
c. There are enough words in the English language which are forceful but
respectful.
Rule 11.04 A lawyer shall not attribute to a judge motives not supported by the
record or having no materiality to the case.
A.C. No. 6332. April 17, 2012
In re: Supreme Court Resolution dated 28 April 2003 in G.R. Nos.
145817 and 145822
Facts: Lawyer who moved for inhibition of a Supreme Court Associate Justice on
the ground of bribery.
Held: Respondent Pea is administratively liable for making gratuitous
imputations of bribery and wrongdoing against a member of the Court, as seen
in the text of the subject Motion to Inhibit, his statements during the 03 March
2003 Executive Session, and his unrelenting obstinacy in hurling effectively the
same imputations in his subsequent pleadings. In moving for the inhibition of a
Member of the Court in the manner he adopted, respondent Pea, as a lawyer,
contravened the ethical standards of the legal profession.
Rule 11. 05. - A lawyer shall not criticize the personal or official conduct of a judge
in an insulting or intemperate language.
a. It is the cardinal condtion of all such criticism that it shall be bona fide
and shall not spillover he walls of decency and propriety (In RE
Almacen, 31 SCRA 581)
Rule 11.06. - A lawyer shall submit grievances against a judge to the proper
authorities only.
a. A complaint for falsification of a certificate of service against a judge
filed with the Ombusdman should be referred to the Supreme Court
(Maceda vs.Ombudsman, 24 SCRA 464)
b. Disbarment complaints filed against judges should be referred by the
IBP to the Supreme Court.
Canon 12. A lawyer shall exert every effort and consider it his duty to
assist in the speedy and effective administration of justice.
Rule 12.01 A lawyer shall not appear for trial unless he has adequately prepared
himself with 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.
Rule 12.02 A lawyer shall not file multiple actions arising from the same cause.
a. There is forum shopping when i.
As a result of an adverse decision in one forum, a party seeks a
favorable opinion in another forum (other than an appeal or certiorari)
ii.
When a party institutes two or more actions or proceedings grounde3d
on the same cause;
iii.
iv.
v.
While the reliefs prayed for in the initiatory pleadings of the two cases are
different in form, a ruling in one case would have resolved the other, and vice
versa. To illustrate, had the lot been declared as part of the estate of
Mercedes in Special Proceedings No. 99-95587, there would have been no
need for a decision annulling the sale in Civil Case No. 00-99207. Conversely,
had the sale in Civil Case No. 00-99207 been annulled, then the property
would go back to the hands of the heirs of Manuela. Placing the property
under administration, as prayed for in Special Proceedings No. 99-95587,
would have been unnecessary.
A.C. No. 6332. April 17, 2012
In re: Supreme Court Resolution dated 28 April 2003 in G.R. Nos. 145817
and 145822
Respondents peculiar request, which was not included in his other motions,
gives the impression that in his quest to have Justice Nachura inhibit himself,
respondent nonetheless did not want his case to be raffled out of the Third
Division. If his only intention was to raise the possibility of bias against Justice
Nachura alone, then it would not matter whether his case remained with the
Third Division, with another member being designated to replace Justice
Nachura, or raffled to another Division altogether. Respondent Peas odd
prayer in his motion for inhibition bore signs of an intent to shop for a forum
that he perceived to be friendly to him, except for one member.
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.
a. A lawyer should not presume that his motion for extension will be
granted.
b. The period of extension starts where the original period ends.
Rule 12.04 A lawyer shall not unduly delay a case, impede the execution of a
judgment or misuse court processes.
a. Claiming clients property to be his to save them from execution (Hegna v.
Paderanga, AC 5955 Sep. 8, 2009)
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.
Rule 12.07- A lawyer shall not abuse, browbeat or harass a witness nor needlessly
inconvenience him.
Rule 12.08 -A lawyer shall avoid testifying in behalf of his client, except:
i.
On formal matters, such as the mailing, authentication or custody of an
instrument and the like,or
ii.
On substantial matters, in case where his testimony is essential to the end of
justice, in which event hemust, during his testimony, entrust the ttrial of the
case to nother counsel. where his testimony is essential
a. Santiago v. Rafanan, 440 SCRA 91 not applicable to preliminary
investigations)
Canon 13. A lawyer shall rely upon the merits of his cause and refrain
from any impropriety which tends to influence, or gives the appearance of
influencing the court.
Rule 13.01 A lawyer shall not extend extraordinary attention or hospitality to, nor
seek opportunity for cultivating familiarity with judges.
a. Erlinda Bildner v. Erlinda Ilusorio and Atty. Manuel Singson, G.R. No.
157384, June 5, 2009
Rule 13.02 A lawyer shall not make public statements in the media tending to
arouse public opinion for or against a party. )
a. Re: Suspension of Atty. Bagabuyo, AC 608, Oct. 9, 2007 , Foodsphere, Inc.
v. Mauricio, AC 7199, July 22, 2009.
4. Duties to a client
Canon 14 A lawyer shall not refuse his services to the needy.
a. Lawyer-client relationship strictly personal, highly confidential and fiduciary.
b. Creation of lawyer-client relationship when the advice of a lawyer is sought
on a professional matter, and he gives it.
Rule 14.01 A lawyer shall not decline to represent a person solely on account of
the latters race, sex, creed or status of life, or because of his own opinion regarding
the guilt of said person. (Francisco v. Portugal, 484 SCRA 571)
Rule 14.02 -A lawyer shall not decline, except for serious and sufficient cause, an
appointment as counsel de oficio 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.
Counsel de oficio lawyer appointed by the court to represent an indigent party;
opposite of counsel de parte.
Amicus curiae friend of the court; appointed to advise the court in complex
cases.
Amicus curiae par excellance the entire bar pro bono legal service without
expecting payment
Rule 14.03 A lawyer may not refuse to accept representation of an indigent client
unless:
a. He is not in a 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.
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
relationship with a paying client.
Canon 15. A lawyer shall observe candor, fairness and loyalty in all his
dealings and transactions with his client.
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 forthwiih inform the prospective client.
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.
Rule 15.03A lawyer shall not represent conflicting interests except by written
consent of all concerned given after a full disclosure of the facts.
i. Types of conflict of interest:
a. Concurrent or multiple representation
b. Sequential or successive representation
ii. Tests of conflict of interest:
a. Whether a lawyer is duty bound to fight for an issue or claim in behalf
of one client , and at the same time, to oppose that claim for another
client;
b. Whether the acceptance of a new relation would prevent the full
discharge of his duty of undivided loyalty to his client
c. Whether the acceptance of a new relation would invite suspicion of
unfaithfulness or double-dealing in the performance of his duty of
fidelity and loyalty.
d. Whether in the acceptance of the new relation, he would be called
upon to injure his former client on a matter that he has handled for
him, or require him to reveal information that his former client has
given to him.
iii. Rule compared to Rule on Privileged Communication.
Rule on privileged communication 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 or with a view to,
professional employment, nor can an attorneys 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 (Sec. 24 [b], Rule 130, Revised Rules of Court)
6972, 2008,
ii.
iii.
iv.
Canon 17 A lawyer owes fidelity to the cause of his client and shall be
mindful of the trust and confidence reposed in him.
a. Duty of fidelity carries the corollary obligation of serving the client with
competence and diligence, championing his cause with zeal within the
bounds of the law, and exertion of utmost learning and ability. To the end that
nothing shall be taken or withheld from the client except by the rules of law
legally applied.
b. The duty of fidelity outlasts even the death of the client (Heirs of Falame vs.
Atty.Baguio, A.C. 6t876, March 7, 2008
Canon 18. A lawyer shall serve his client with competence and diligence.
Rule 18.01 A lawyer shall not undertake a legal service which he knows or should
know that he is not qualified to render. 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.
Rule 18.02 A lawyer shall not handle any legal matter without adequate
preparation. .
Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him and his
negligence will render him liable. (Rule 18.03) (Talento v. Paneda, AC 7433, Dec.
23, 2009)
Rule 18.04 A lawyer shall keep the client informed of the status of his case and
shall respond within reasonable time to his clients request for information.
a. Solidon v. Macalalad, AC 8158, Feb. 124, 2010
Canon 19 A lawyer shall represent his client with zeal within the bounds
of the law.
Rule 19.01 A lawyer shall employ only fair reasonable means to obtain the lawful
objectives of his client and shall not present, participate in presenting, or
threatening ro present unfounded criminal charges to obtain an improper advantage
in any case or proceeding. Briones v. Jimenez, AC 6691, April 17, 2007, (Pea v.
Aparicio, AC 7208, June 25, 2007. Rural Bank of Calape v. Florido, AC 5736, June
29, 2010)
Rule 19.02.- A lawyer who has received information that his client has, in the
course of the representation, perpetuated 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.
a. But he may not reveal the clients fraud because it might violate the
confidentiality of their relationship.
Rule 19.03 A lawyer shall not allow his client to dictate the procedure in handling
the case.
a. The employment of a lawyer confers upon him general authority to do on
behalf of his client such acts necessary or incidental to the prosecution of the
suit entrusted to him.
b. But the lawyer is more than an agent of the client.
c. The authority to appear for the client is presumed and lasts until the
termination of the litigation.
d. A lawyer has authority to bind the client in all matters of ordinary judicial
procedure the cause of action, the claim demand sued upon, and the subject
matter, is subject the control of the client.
e. Notice to the lawyer is notice to the client.
f. Negligence of the lawyer binding on the client. Exception : where the
negligence is gross and client is deprived of due process of law,
CANON 20. A lawyer shall charge only fair and reasonable fees.
a. A lawyer has the right to have and recover a fair and reasonable
compensation for his services.
b. The compensation of a lawyer should be a mere incident of the practice of
law.
c. A lawyer is entitled to judicial protection against injustice, imposition or fraud
on the part of his client as the client against abuse on the part of his counsel.
d. Generally, a lawyers right to compensation requires the existence of a
lawyer-client relationship and the rendition of services to the client.
e. A written agreement is not necessary to establish a clients obligation to pay
attorneys fees.
f. An agreement for attorneys fees is always subject to the control of the
courts.
g. A lawyer may recover attorneys fees on the basis of quantum meruit when
(1) there is no agreement as to the fees, (2) when there is an agreement
which has been set aside by the court or the parties themselves, (3) when
the agreent for attorneys fees hs been set side due to formal defects, (4)
when the lawyers services has been terminated with just cause.
Rule 20.01 A lawyer shall be guided by the following factors in determining his
fees:
a. The time spent and extent of services rendered or required
b. The novelty and difficulty of questions involved
c. The importance of subject matter
d. The skill demanded
fitness to continue in the practice of law. They involve no private interest and
afford no redress for private grievance. They are undertaken solely for public
welfare.
b. Prescription - the Statute of Limitations does not apply. Neither does
prescription preclude disbarment proceedings. However, it may indicate
ulterior motive of the part of the complainant or innocence of the respondent.
But, see Isenhardt vs. Real.
2. Grounds:
a. Acts of misconduct before admission (Garrido v. Garrido, AC 6593, Feb. 4,
2010)
b. Acts of misconduct after admission;
a. Deceit
b. Malpractice
c. Gross misconduct in office
d. Conviction of a crime involving moral turpitude
e. Grossly immoral conduct
f. Violation of the lawyers oath
g. Willful disobedience of a lawful order of the court
h. Corruptly appearing for a party without authority
i. Solicitation of cases (Sec. 27, Rule 138)
In general, loss of good moral character.
Supreme Court renders decision, by division if penalty is fine of P10, 000 less
and/or suspension for one year or less, and by the court en banc, if penalty is
fine of more than P10, 000.00 and/or suspension for more than one year, or
disbarment.
When this court orders a lawyer suspended from the practice of law, the lawyer
must desist from performing all functions requiring the application of legal
knowledge within the period of suspension. This includes desisting from holding
a position in government requiring the authority to practice law.
Melvyn G. Garcia Vs. Raul H. Sesbreo
A.C. No. 7973 and A.C. No. 10457. February 3, 2015
Even if Sesbreo has been granted pardon, there is nothing in the records that
shows that it was a full and unconditional pardon. In addition, the practice of law
is not a right but a privilege. 19 It is granted only to those possessing good moral
character. 20 A violation of the high moral standards of the legal profession
justifies the imposition of the appropriate penalty against a lawyer, including the
penalty of disbarment
Guidelines:
a. a. After a finding that the respondent lawyer must be suspended from the
practice of law, the Court shall render a decision imposing the penalty.
b. Unless the Court explicitly states that decision is immediately executory upon
receipt thereof, the respondent has 15 days within which to file a motion for
reconsideration thereof. Denial of the motion for reconsideration shall render
the decision final and executory.
c. Upon expiration of the period of suspension, the 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
d. Copies of the sworn statement shall be furnished the Local Chapter of the IBP
and to the Executive Judge of the courts where he or she has pending cases
and/or has appeared as counsel.
e. The Sworn Statement shall be considered as proof of respondents
compliance with the order of suspension.
f. Any finding or report contrary to the statements made by the lawyer under
oath shall be ground for imposition of a more severe punishment, or
disbarment, as may be warranted.
(Maniago vs. Atty. De Dios, A.C. No.
78472, March 30, 2010)
2. Lawyers who have been repatriated:
a.
b.
c.
d.
Updating and payment in full of the annual membership dues in the IBP;
Payment of professional tax;
Completion of at least 36 credit hours of MCLE;
Retaking of the lawyers oath. (Petition for Leave to Resume Practice of Law,
Benjamin M. Dacanay, 540 SCRA 424)
Purpose: to ensure that members of the bar keep abreast with law and
jurisprudence; maintain the ethics of the profession; and enhance the standards of
the practice of law.
Requirements: 36 hours of MCLE every three years: 6 hours for legal ethics, 4
hours to trial and pre-trial skills, 5 hours to alternative dispute resolution, 9 hours to
updates in substantive and procedural laws, 4 hours to legal writing and oral
advocacy, 2 hours to international law and international conventions, 6 hours to
subject as may be prescribed by the MCLE committee.
Compliance: each member shall secure a Compliance Card before the end of his
compliance period. Such card must be returned not later than the day after the end
of his compliance period.
Exemptions:
a. President and Vice-President, Secretaries and Undersecretaries of Executive
Departments,
b. Senators and Members of the House of Representatives,
c. Chief Justice and Associate Justices of the Supreme Court, incumbent and
retired members of the judiciary, incumbent members of the Judicial and Bar
Council, incumbent court lawyers covered by the Philippine Judicial Academy,
d. Chief State Counsel, Chief State Prosecutor, and Assistant Secretaries of the
Department of Justice,
e. Solicitor General and Assistant Solicitor General,
f. Government Corporate Counsel, Deputy and Assistant Government Corporate
Counsel,
g. Chairmen and Members of Constitutional Commissions.
h. h. The Ombudsman, over-all Deputy Ombudsman, Deputy Ombudsman an
and Special Prosecutor of the Office of the Ombudsman h and Special
Prosecutor of the Office of the Ombudsman
i. Heads of government agencies exercising quasi-judicial functions,
j. Incumbent deans, bar reviewers and professors of law who have teaching
experience for at least ten years in accredited law schools.
k. The Chancellor, Vice-Chancellor and members of the Corps of Professors and
Professorial Lecturers of the Philippine Judicial Academy,
l. Governors and mayors,
m. Those who are not in law practice, private or public.
n. Those who have retired from law practice approved by the IBP Board of
Governors.
o. Good cause.
Sanctions:
a. Non-compliance fee.
b. Non-compliance after 60 days for compliance, listed as delinquent member of
the IBP.
F.
NOTARIAL PRACTICE
Limitations:
a. A notary shall not perform a notarial act if the person involved as
signatory of the instrument:
1. Is not in the notarys presence personally at the time of
notarization, (Heirs of Villanueva v. Beradio, AC 6270, Jasn
23, 2007)
2. Is not personally known to the notary or identified through
competent document of identity. (Gonzales v. Padiernos, AC
6713, Dec. 8, 2008)
b.
Entry number
date and time of act,
type of notarial act,
type and description of instrument,
name and address of each principal,
name or address of each witness,
fee charged,
address where notarization was performed if not in regular place of
work,
9. any other circumstance.
5. Jurisdiction of Notary Public and place of notarization:
a. a. Jurisdiction
Territorial jurisdiction of the commissioning court.(TanTiong Bio v.
Gonzales, AC 6634, Aug. 23, 2007)
b. Place of notarization regular place of work,
Exception:
1. public office, convention halls, and similar places where oaths of office
may be administered,
2. public function areas in hotels and similar places for the signing of
documents or instruments requiring notarization,
3. hospitals and other medical institutions where a party to an instrument
is confined for treatment.,
4. any place where a party to an instrument is under detention.
6. Revocation of Commission Executive judge may revoke commission:
a. For any ground for which an application for a commission may be
denied;
8. Sanctions:
The Executive Judge shall cause the prosecution of any person who:
a. knowingly acts or impersonates a notary public;
b. knowingly obtains, conceals, defaces, or destroys the seal, notarial
register, or official records of a notary public, and
c. knowingly solicits, coerces, or in any way influences a notary public to
commit official misconduct.
The Executive Judge concerned shall submit semestral reports to the
Supreme Court on discipline and prosecution of notaries public.
Independence
Integrity
Impartiality
Propriety
Equality
Competence and diligence
Sec. 4 - Judges shall not allow family, social or other relationships to influence
judicial conduct or judgment. The prestige of judicial office shall not be used or lent
to advance the private interests of others, nor convey or permit others to convey
the impression that they are in a special position to influence the judge.
Sec. 5 Judges shall not only be free from inappropriate connections with, and
influence by, the executive and legislative branches of government, but must also
appear to be free therefrom to a reasonale observer.
2. Integrity is essential not only to the proper discharge of the judicial office, but
also to the personal demeanor of judges.
Sec. 1 Judges shall ensure that not only is their conduct above reproach, but that
it is perceived to be so in the view of a reasonable observer.
In the judiciary, moral integrity is more than a cardinal virtue. It is a
necessity. (Fernandez v. Hamoy, 436 SCRA 186)
Ignorance of the law is a mark of incompetence, and where the law
involved is elementary, ignorance thereof is considered an indication
of lack of integrity (Macalintal v. Teh, 280 SCRA 623)
Sec. 2 The behavior and conduct of judges must reaffirm the peoples faith in the
integrity of the Judiciary. Justice must not merely be done, but must also be seen to
be done.
a. In-chamber meetings without the presence of the other party must be
avoided (Capuno vs. Jaramillo,243 SCRA 213)
b. Maliciously kissing female subordinates (Talens-Dbon vs.Arceo, 29
SCRA 354, Dawa vs. De Asa, 292 SCRA 703)
c. Judge must guard against losing his temper (Echano vs. Sunga, 102
SCRA 738)
Sec. 3 - Judges should take or initiate appropriate disciplinary measures against
lawyers or court personnel for unprofessional conduct of which the judge may have
become aware.
Corollary to maintenance of order and decorum in the courtroom.
3 Impartiality - isessential to the proper discharge of the judicial office. It plies not
only to the decisions itself but also to the process by which the decision was made.
Sec. 1 Judges shall perform their judicial duties without favor, bias or prejudice.
Sec. 2 - Judges shall ensure that his or her conduct, both in and out of court,
maintains and enhances the confidence of the public, the legal profession and
litigants in the impartiality of the judge and of the judiciary.
Pimentel v. Salanga, 21 SCRA 160 peoples faith in the judiciary
Parayno v. Meneses, 231 SCRA 807 duty to sit
(1) Octubre vs. Valano, 434 SCRA 636 -Judge did not disqualify himself
and issued a wartant or arrest in a criminal case where he is the
complainant
(d) The judge served as executor, administrator, guardian, trustee or
lawyer in the matter in controversy, or a former associate of the judge
served as counsel during their association, or the judge or lawyer was a
material witness therein.
(e) The judges ruling in a lower court is the subject of review.
Sandoval v. CA, 260 SCRA 283 partial participation
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
Judge who heard case while on vacation and dressed only in a polo
shirt (Liwanag v. Lusre, A.M> MTJ-08-98-1168, April 21, 1999);
tasteless jokes in a wedding ceremony (Hadap v. Lee, 114 SCRA 559);
drunken behavior in public (De la Paz v. Inutan, 64 SCRA 540).
making insulting statements to a lawyer who did graduate from UP
(Mane vs, Judge Belen, A.M. RTJ-08-2119, June 30, 2001)
Use of court letterhead for private letter (Ladigonvs. Garong, A.M. MTJ08-1712, Aug. 20, 2008)
Immorlity
Intoxication.
Use of guns to terrorize or pistol-whip
Use of intemperate language
Failure to pay debts
Sec. 8 Judges shall not use or lend the prestige of the judicial office to advance
their private interests or those of a member of their family, or of any one else, nor
shall they convey or permit others to convey the impression that anyone is in a
special position improperly to influence them in the performance of judicial duties.
Dionisio v. Escao, 302 SCRA 411 posting notices for family restaurnt
business in court bulletin board
Sec. 9 Confidential information acquired by a judges in their judicial capacity shall
not be used or disclosed for any other purpose related to their judicial duties.
Sec. 10 Subject to the proper performance of judicial duties, judges may:
a. Write, lecture, teach and participate in activities concerning the law,
the legal system, and the administration of justice or related activities.
b. Appear at a public hearing before an official body concerned with
matters relating to the law, the legal system, the administration of
justice or related matters;
c. Engage in other activities if such activities do not detract from the
dignity of the judicial office or otherwise interfere with the performance
of judicial duties.
In re Designation of Judge Rodolfo Manzano, AM 88-7-861-RTC
consitutional prohibition against designation of judges to agencies
performing quasi-judicial or administrative functions.
Sec. 11 - Judges shall not practice law while the holder of judicial office.
Carual v. Brusola, 317 SCRA 34 may serve as executor, administrator,
trustee, guardian or other fiduciary when estate or trust, or ward, is member
of immediate family, and will not interfere with performance of judicial duties
MTC judges as notaries public ex officio, may not notarize private
documents, except (1) when no lawyers available in the municipality, and (2)
notarial fees are paid to the governments account.
Sec. 12 Judges may form or join associations of judges or participate in other
organization representing the interests of judges.
Sec. 13 Judges and members of their families shall neither ask for nor accept any
gift, bequest, and loan or favor in relation to anything done or to be done or entitled
to be done by him in connection with the performance of judicial duties.
Sec. 14. - Judges shall not knowingly permit court staff or others subject to their
influence, direction or authority, to ask for or accept any gift, bequest, loan or favor
in relation to anything done or to be done or entitled to be done in connection with
their duties and functions.
Sec. 15. - Subject to law and to any legal requirements of public disclosure, judges
may receive a token gift, award or benefit as appropriate to the occasion on which it
is made, provided that such gift, award or benefit might not be reasonably perceived
Sec. 3 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 the training and other facilities
which should be made available under judicial control, to judges.
Verginesa v. Dilag, 580 SCRA 491 presumed to have more than cursory
knowledge of rules of procedure.
Sec. 4 Judges shall keep themselves informed about relevant developments of
international law, including international conventions and other instruments
establishing human rights norms.
Two general source of international law customary and conventional
norms.
Sec. 5 Judges shall perform all judicial duties, including the delivery of reserved
decisions, efficiently, fairly and with reasonable promptness.
a. Periods for decision fixed by the Constitution:
24 months for the Supreme Court
12 months for the lower collegiate courts
3 months for lower courts to be counted from submission ( filing of
last pleading or
memorandum required )
Sec. 6. Judges shall maintain order and decorum in all proceedings before the court,
and be patient, dignified and courteous in relation to litigants, witnesses, lawyers
and others with whom the judge deals in an official capacity. Judges shall require
similar conduct of legal representatives, court staff and others subject to their
influence, direction or control.
Sec. 7 Judges shall not engage in conduct incompatible with the diligent discharge
of judicial duties.
E. Powers and duties of courts and judicial officers (Rule 135, Revised
Rules of Court).
Sec. 1 Courts always open; justice to be promptly and impartially administered.
Sec. 2 - Publicity of pleadings and records
i. Sitting of every court shall be public, but public may be excluded in the
interest of morality or decency.
ii. Records of every court shall be available for inspection, unless forbidden
in the interest of morality or decency.
Sec. 3. Process of any superior court may be enforced in any part of the Philippines.
Sec. 4 Process of inferior courts shall be enforceable within the province where the
municipality or city lies. Shall not be enforced outside the province except with the
approval of the judge of the RTC of said province, and only in the following cases:
a.
b.
c.
d.
Writs of execution issued by inferior courts may be enforced in any part of the
Philippines.
Criminal process issued by a judge of an inferior court may be served outside his
province when the district judge or provincial fiscal shall certify that the interests of
justice so require.
Sec. 5. Inherent powers of courts:
a. To preserve and enforce order in its immediate presence.
b. To enforce order in proceedings before it or before persons empowered
to conduct judicial investigation under its authority.
c. To compel obedience of its judgments, orders or processes and to lawful
orders of a judge out of court, in a case pending therein.
d. To control in furtherance of justice the conduct of the ministerial officers,
and of all other persons in any manner connected with a case before it,
in every manner appertaining therein.
e. To compel attendance of persons to testify in a case pending therein.
f.
heard partially by him, the parties may ask the Supreme Court to authorize him to
continue hearing and to decide the case.
F. Discipline of Members of the judiciary
a. Members of the Supreme Court by impeachment only.
(1) Grounds:
(i) Culpable violation of the Constitution
(ii) Treason
(iii) Bribery
(iv) Graft and Corruption
(v) Other high crimes
(vi) Betrayal of public trust
(Sec. 2, Art. XI, 1987 Constitution)
2) Procedure:
i.
Verified complaint by any member of the House of Representatives, or
by any citizen endorsed by any member of the House.
ii.
Included in the Order of Business within 10 session days;
iii.
Referral to a committee within 3 session days;
iv.
After hearing, Committee to submit Report approved by majority of its
members within 60 session days;
v.
Report calendared for consideration within 10 session days.
vi.
Affirmation or reversal by at least 1/3 of all the members of the House.
vii.
In case verified complaint or resolution is filed by at least 1/3 of the
Members of the House, the same shall constitute the Articles of
Impeachment, and trial by the Senate shall forthwith proceed.
viii.
The Senate shall have sole power to try and decide all cases of
impeachment.
(3) Sanction:
Removal from office and disqualification to hold any office under the
Republic of the Philippines, and liability to prosecution and punishment
according to law.
Ethical Considerations in the Impeachment of CJ Corona
1.SALN and betrayal of public trust.
2.Senators as judges.
3.Lawyers as prosecutors
4.Lawyers as defense counsels
5.Role of media
b.
2. Under Sections 8, 9 and 10 of Rule 140: serious, less serious and light
charges.
Serious:
1. Bribery, direct or indirect
2. Dishonesty and violations of the Anti-Graft Law (RA 3019)
3. Gross misconduct constituting violations of the Code of Judicial Conduct.
4. Knowingly rendering an unjust judgment or order.
5. Conviction of a crime involving moral turpitude
6. Willful failure to pay a just debt
7. Borrowing 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
11.Alcoholism and/or vicious habits
Less serious
1. Undue delay in rendering a decision or order. Or in transmitting the
records of the court
2. Frequent and unjustified absences without leave or habitual tardiness.
3. Unauthorized practice of law
4. Violation of Supreme Court 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
Light
1.
2.
3.
4.
How initiated
1. Initiated motu propio by the Supreme Court, - o
2. upon verified complaint by person with personal knowledge, or
Macalintal v. Teh, 280 vs 623 verification nor required if res ipsa
loquitor applicable.
3. anonymous complaint supported by public records of indubitable integrity.
Procedure:
1. If complaint sufficient in form And substance, respondent required to
comment within 10 days,
2. Reference to OCA for evaluation,
3. Reference for investigation retired SC justice (if respondent is CA Justice) to
CA justice, (if respondent is RTC judge), RTC judge (if respondent is MTC
judge).
4. Hearing by investigating judge or justice,
5. Report submitted by investigating judge or justice.
6.
Sec. 6. The clerk shall keep a general docket of cases filed in court.
Sec. 14. No record shall be taken from the clerks office without an order of the
court, except the Solicitor General or his assistants, the provincial fiscal and his
deputies, and attorneys de oficio.
Sec. 17. It shall be the duty of the stenographer to deliver to the clerk of court
immediately after the close of court sessions, all note he had taken. When such
notes are transcribed, the transcript shall be delivered to the clerk, to be
attached to the record of the case.
Canons of Professional Ethics
Adopted by the Philippine Bar Association in 1917 and 1946, based on the canons
of the American Bar Association. Issued by administrative orders of the
Secretary of Justice.
Consists of 46 canons, many of which are carried over to the Code of Professional
Responsibility. Hence it is considered suppletory to the latter Code.
Thus, the following canons of the Canons of Professional Ethics (CPE) are
correlated to corresponding canons of the Code of Professional Responsibility
(CPR):
Canon 1- duty of the lawyer to maintain a respectful attitude towards the court
(Canon 11, CPR)
Canon 3 attempts to exert personal influence over the judge (Canon 13, CPR)
Canon 5 the defense or prosecution of those accused of crime (Rules 14.01 and
6.01, CPR)
Canons 12, 13, 14 Fixing the amount of the fee (Canon 20, CPR)
Canon 15 how far a lawyer may go in supporting a clients cause (Canon 19,
CPR)
Canon 27 advertising, direct or indirect (Canon 3, CPR)
Canon 23 Partnership names (Canon 3, CPR)