Professional Documents
Culture Documents
TABLE OF CONTENTS
LEGAL ETHICS
A. CONSTITUTIONAL BASIS.......................... 2
B. REGULATORY POWERS............................ 2
B.1. PRIVILEGE............................................ 3
B.2. PROFESSION, NOT BUSINESS .......... 3
B. QUALIFICATIONS ...................................... 3
A. IN GENERAL ............................................... 9
B. TO SOCIETY .............................................. 10
I. PRE-LAW ................................................. 4
II. LAW PROPER ......................................... 5
B. APPEARANCE OF NON-LAWYERS .......... 5
B.4
PARTICIPATION
IN
THE
IMPROVEMENT AND REFORMS IN THE
LEGAL SYSTEM ........................................ 14
B.5.
PARTICIPATION
IN
LEGAL
EDUCATION PROGRAM .......................... 14
TABLE OF CONTENTS
C.4. NO ASSISTANCE IN UNAUTHORIZED
PRACTICE OF LAW ................................... 19
D. TO THE COURTS....................................... 21
I. ACCEPTANCE FEES............................... 41
I. SERVICES REGARDLESS OF A
PERSONS STATUS .................................. 28
I. CONFIDENTIALITY RULE....................... 31
B. GROUNDS ................................................48
C. PROCEEDINGS .........................................49
ii
TABLE OF CONTENTS
PROCEDURE FOR DISBARMENT ........... 49
E.
DISCIPLINE
OF
LAWYERS
IN
GOVERNMENT ............................................. 49
C.1. POWERS.............................................56
II. CERTIFYING THE AFFIXING OF
SIGNATURE BY THUMB/OTHER MARK . 57
F. QUANTUM OF PROOF............................. 50
BURDEN OF PROOF AND PRESUMPTION
OF INNOCENCE........................................ 50
G. DISCIPLINARY MEASURES..................... 50
D. NOTARIAL REGISTER..............................59
C.
LAWYERS
WHO
HAVE
BEEN
REPATRIATED.............................................. 52
D.3. SUBMISSION.................................... 60
VI.
MANDATORY
CONTINUINGLEGAL
EDUCATION (MCLE) .................................... 53
A. PURPOSE ................................................. 53
B. REQUIREMENTS...................................... 53
C. COMPLIANCE........................................... 53
H. SANCTIONS ............................................. 61
D. EXEMPTIONS ........................................... 54
E. SANCTIONS.............................................. 55
A. ORIGIN ...................................................... 62
PURPOSE ................................................. 55
JUDICIAL ETHICS
SCOPE....................................................... 55
PENALTIES ............................................... 56
A. INDEPENDENCE ......................................64
iii
TABLE OF CONTENTS
B. INTEGRITY................................................ 67
C. IMPARTIALITY.......................................... 69
D. PROPRIETY .............................................. 72
E. EQUALITY ..................................................77
B. STENOGRAPHERS................................... 93
C. DOCKETS AND OTHER RECORDS OF
INFERIOR COURTS ...................................... 93
[RULE 137].................................................... 87
A. MANNER OF PAYMENT....................... 93
A. COMPULSORY DISQUALIFICATION....... 87
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A. CONCEPT
A. CONSTITUTIONAL BASIS
B. REGULATORY POWERS
The power to regulate the practice of law
includes:
(1) Authority to define practice of law;
(2) Prescribe the qualifications of a candidate
to and the subjects of the bar
examinations;
(3) Decide who will be admitted to practice;
(4) Discipline, suspend or disbar any unfit and
unworthy member of the bar;
(5) Reinstate any disbarred or indefinitely
suspended attorney;
(6) Ordain the integration of the Bar;
(7) Punish for contempt any person for
unauthorized practice of law; and
(8) In general, exercise overall supervision of
the legal profession.
(9)
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B. QUALIFICATIONS
Any person admitted to the bar and who is in
good and regular standing is entitled to practice
law (Section 1, Rule 138).
B.1. CITIZENSHIP
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 Consti).
Every applicant for admission as a member of
the bar must be a citizen of the Phils. (Rules of
Court, Rule 138, Sec. 2.)
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RA 9225).
B.2. RESIDENCE
The Supreme Court may deny lawyers oathtaking based on a conviction for reckless
imprudence resulting in homicide (hazing case).
But after submission of evidence and various
certifications he may now be regarded as
complying with the requirements of good moral
character xxx he is not inherently of bad moral
fiber (In re: Argosino (1997)).
B.3. AGE
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B. APPEARANCE OF NON-LAWYERS
B.1. LAW STUDENT PRACTICE
The
Rules
safeguarding
privileged
communications between attorney and client
shall apply (Sec. 3, Rule 138-A).
The law student shall comply with the
standards of professional conduct governing
members of the bar. Failure of an attorney to
provide adequate supervision of student
practice may be a ground for disciplinary action
(Sec. 4, Rule 138-A).
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litigant,
without
complying
with
the
requirements of Rule 138-A, e.g., supervision of
a lawyer.
B.3. SELF-REPRESENTATION
In any court, a party may conduct his litigation
in person.
(1997)).
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VII, Consti);
(5) Chairmen and members of constitutional
commissions (Sec. 2, Art. IX-A, Consti);
(6) Ombudsman and his deputies (Sec. 8 (2),
Art. X, Consti);
(7) All governors, city and municipal mayors
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E. LAWYERS AUTHORIZED
REPRESENT THE GOVERNMENT
TO
F. LAWYERS OATH
A. IN GENERAL
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B. TO SOCIETY
B.1. 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.
(2007));
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AMBULANCE CHASING
Accident-site solicitation of any kind of legal
business by laymen employed by an attorney for
the purpose or by the attorney himself.
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PROHIBITED ADVERTISEMENTS
(Sec. 27, Canon of Professional Ethics)
(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
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B.4
PARTICIPATION
IN
THE
IMPROVEMENT 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.
Examples:
(1) Presenting position papers or resolutions
for the introduction of pertinent bills in
Congress;
(2) Submitting petitions to the Supreme Court
for the amendment of the Rules of Court.
B.5.
PARTICIPATION
EDUCATION PROGRAM
IN
LEGAL
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I. BAR INTEGRATION
The Supreme Court may adopt rules of court to
effect the integration of the Philippine Bar
under such conditions as it shall see fit in order
to raise the standards of the legal profession
improve the administration of justice and
enable the bar to discharge its public
responsibility more effectively. (RA 6397, Sec. 1.)
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&
PENALTIES
(1) Disqualification of the applicant from taking
the bar, if the concealment is discovered
before he takes the bar examinations;
(17) Prohibition from taking the lawyers oath, if
the concealment is discovered after the
candidate has taken the bar examinations;
(18) Revocation of license to practice, if the
concealment was discovered after he has
taken his lawyers oath [In re: Diao (1963)].
A declaration in ones application for admission
to the bar examinations that the applicant was
single, when he was in fact married, was a
gross misrepresentation of a material fact made
in utter bad faith, for which the applicant
should be made answerable. [Leda v. Tabang
(1992)].
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relevant attribute.
A lawyer should volunteer information or
cooperate in any investigation concerning
alleged anomaly in the bar examination so that
those candidates who failed therein can be
ferreted out and those lawyers responsible
therefor can be disbarred [In re: Parazo (1948)].
LAWYER DONTs:
(1) Take advantage of the excusable
unpreparedness or absence of counsel
during the trial of a case;
(2) Make use, to his or to his clients benefit, the
secrets of the adverse party acquired
through design or inadvertence;
(3) Criticize or impute ill motive to the lawyer
who accepts what in his opinion is a weak
case;
(4) Proceed to negotiate with the client of
another lawyer to waive all kinds of claim
when the latter is still handling the civil
case [Camacho v. Pagulayan (2000)].
(5) Steal another lawyers client;
(6) Induce a client to retain him by promise of
better service, good result or reduced fees
for his services;
(7) Disparage
another
lawyer,
make
comparisons or publicize his talent as a
means to further his law practice;
(8) In the absence of the adverse partys
counsel, interview the adverse party and
question him as to the facts of the case even
if the adverse party was willing;
(9) Sanction the attempt of his client to settle a
litigated matter with the adverse party
without the consent nor knowledge of the
latters counsel.
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IMPROPER LANGUAGE
(1) Behaving without due regard for the trial
court and the opposing counsel and
threatening the court that he would file a
petition for certiorari [Bugaring v. Espanol
(2001)];
(2) Filing of a civil case against the opposing
counsel without justification but only to get
a leverage in the pending case [Reyes v.
Chiong (2003)];
(3) Calling an adverse counsel as bobo or
using the word ay que bobo in reference
to the manner of offering evidence [Castillo
v. Padilla (1984)].
The highest reward that can come to a lawyer is
the esteem of his professional brethren. That
esteem is won in unique conditions and
proceeds from an impartial judgment in
professional trials. It cannot be purchased.
[Agpalo, 2014]
A LAWYER MAY:
(1) Accept employment to handle a matter
previously handled by another lawyer:
(a) Provided the other lawyer has been given
notice of termination of service lest it
amounts to an improper encroachment
upon the professional employment of the
original counsel (Laput v. Remotigue
(1962)); or
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Villafuerte (1911)].
MAY BE DELEGATED TO NON-LAWYERS:
(1) The examination of case law;
(2) Finding and interviewing witnesses;
(3) Examining court records;
(4) Delivering papers and similar matters.
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
latters 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 nonlawyer employees in a retirement plan,
even if the plan is based in whole or in part,
on a profitable sharing arrangement.
Alauya (1997)].
A corporation cannot engage in the practice law
directly or indirectly. It may only hire in-house
lawyers to attend to its legal business.
NOT ALLOWED:
(1) Automobile club that solicits membership
by advertising that it offers free legal
services of its legal department to
members;
(2) Collection agency or credit exchange that
exploits lawyers services;
(3) Bank using lawyers name as director in
advertising its services in drawing wills and
other legal documents.
Unauthorized practice of law applies to both
non-lawyers and lawyers prohibited from the
private practice of law.
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D. TO THE COURTS
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court hearings.
Inexcusable absence from, or repeated
tardiness in, attending a pre-trial or hearing
may subject the lawyer to disciplinary action as
his actions show disrespect to the court and are
therefore considered contemptuous behavior
[Agpalo].
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NON-OBSERVANCE OF PREPARATION:
(1) The postponement of the pre-trial or
hearing, which would thus entail delay in
the early disposition of the case;
(2) The judge may consider the client nonsuitedor in default;
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client
certainly
constitutes
inexcusable
negligence on his part [Ford v. Daitol (1995)].
RIGHTS OF WITNESSES
[Rules of Court, Rule 132, Sec. 3.]
(1) To be protected from irrelevant, improper or
insulting questions and from a harsh or
insulting demeanor;
(2) Not to be detained longer than the interests
of justice require
(3) Not to be examined except as to matters
pertinent to the issues before the court;
(4) Not to give an answer which will tend to
subject him to a penalty for an offense
unless otherwise provided by law;
(5) Not to give an answer which will tend to
degrade the witness reputation, but a
witness must answer the fact of any previous
final conviction for a criminal offense.
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I. SERVICES REGARDLESS
PERSONS STATUS
OF
E. TO THE CLIENTS
The attorney-client relationship is:
1. Strictly personal;
2. Highly confidential;
3. Fiduciary.
A written contract, although the best evidence
to show the presence of an attorney-client
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INDIGENT:
(1) 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 (Sec.
2, RA 6033).
(2) A person who has no visible means of
support or whose income does not exceed
P300.00 per month or whose income even
in excess of P300.00 per month is
insufficient for the subsistence of his family
(Sec. 2, RA 6035).
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I. CONFIDENTIALITY RULE
Purpose: To protect the client from possible
breach of confidence as a result of a
consultation with a lawyer (Hadjula v. Madianda
(2007)).
REQUISITES (LRCI)
(1) The person to whom information is given is
a lawyer. However, if a person is pretending
to be a lawyer and client discloses
confidential communications, the attorneyclient privilege applies;
(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. The information is not privileged if
the advice is not within lawyers
professional capacity;
(4) The client must intend the communication
be confidential.
Confidential
communicationinformation
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 (Mercado v. Vitriolo (2005)).
Confidences of clients
Refer to information
protected by attorneyclient privilege under
the Rules of Court (i.e.,
information pertinent
to the case being
handled).
Secrets of clients
Refer to information
gained
in
the
profession
relationship that the
client has requested
to be held inviolate
or the disclosure of
which would be
embarrassing
or
would likely be
detrimental to the
client
(i.e.,
information
not
exactly pertinent to
the case).
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v. Silapan (2003)).
Exceptions:
(1) When a lawyer is accused by the client and
he needs to reveal information to defend
himself;
(2) When the client discloses the intention to
commit a crime or unlawful act (Aguirre
(2006)).
Ratio:
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VII.
CONCURRENT
PRACTICE
ANOTHER PROFESSION
OF
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Tuason (1974));
(3) When sale takes place after termination of
litigation, except if there was fraud or
use/abuse of confidential information or
where lawyer exercised undue influence;
(4) Where property in question is stipulated as
part of attorneys fees, provided that, the
same is contingent upon the favorable
outcome of litigation and, provided further,
that the fee must be reasonable.
I. FIDUCIARY RELATIONSHIP
Rule 16.01. A lawyer shall account for all money
or property collected or received for or from the
client.
Ratio: The lawyer merely holds said money or
property in trust.
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II. NEGLIGENCE
If by reason of the lawyers negligence, actual
loss has been caused to his client, the latter has
a cause of action against him for
damages.(Callanta).
I. ADEQUATE PREPARATION
Rule 18.02. A lawyer shall not handle any legal
matter without adequate preparation.
A lawyer should safeguard his clients rights
and interests by thorough study and
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E.7. REPRESENTATION
WITHIN LEGAL BOUNDS
WHEN A LAWYER ACCEPTS A CASE, WHETHER
FOR A FEE OR NOT, HIS ACCEPTANCE IS AN
IMPLIED REPRESENTATION:
1. That he possesses the requisite degree of
academic learning, skill and ability necessary in
the practice of his profession;
2. That he will exert his best judgment in the
prosecution or defense of the litigation
entrusted to him;
3. That he will exercise ordinary diligence or
that reasonable degree of care and skill
demanded of the business he undertakes to do,
to protect the clients interests and take all
steps or do all acts necessary thereof (Uy v.
Tansinin (2009)).; and
4. That he will take steps as will adequately
safeguard his clients interests (Islas v. Platon
(1924)).
WITH
ZEAL
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Within
counsels
control
All the proceedings in
court to enforce the
remedy, to bring the
claim, demand, cause
of action, or subject
matter of the suit to
hearing,
trial,
determination,
judgment,
and
execution, are within
the exclusive control
of
the
attorney
(Belandres v. Lopez
Sugar Central Mill
(1955)).
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QUANTUM MERUIT
Means 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:
(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 attorneys
fees agreed upon between the lawyer and
the client;
(3) When although there is a formal contract
of attorneys fees, the stipulated fees are
found unconscionable or unreasonable by
the court;
(4) When the contract for attorneys 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 attorneys fees;
(7) When there is a contract but no stipulation
as to attorneys fees.
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I. ACCEPTANCE FEES
Acceptance of money from a client establishes
an attorney-client relationship and gives rise to
the duty of fidelity to the clients cause.
(Emiliano Court Townhouses Homeowners
Association v. Dioneda (2003)).
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REQUISITES
Retaining lien
Charging lien
Nature
Passive
lien.
It
cannot be actively
enforced. It is a
general lien.
Basis
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:
(1) 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
(2) Written notice thereof to be delivered to his
client and to the adverse party.
Lawful possession
of funds, papers,
documents,
property belonging
to client
Securing
of
a
favorable
money
judgment for client
Coverage
Covers only funds,
papers, documents,
and property in the
lawful possession of
the attorney by
reason
of
his
professional
employment
Covers
all
judgments for the
payment of money
and
executions
issued in pursuance
of such judgment
Effectivity
As soon as the
lawyer
gets
possession of the
funds,
papers,
documents,
REQUISITES
(1) Attorney-client relationship;
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property
Applicability
May be exercised
before judgment or
execution,
or
regardless thereof
Generally,
it
is
exercisable
only
when the attorney
had already secured
a
favorable
judgment for his
client
Notice
Client need not be
notified to make it
effective
E.9. PRESERVATION
CONFIDENCES
OF
CLIENTS
Extraordinary concept
An attorneys fee is an
indemnity
for
damages ordered by
the court to be paid by
the losing party to the
prevailing party in a
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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.
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Rule 138)
IV. SUSPENSION,
DISBARMENT, AND
DISCIPLINE OF LAWYERS
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(2)
A.1. CONFIDENTIAL
Rule 139-B, Sec. 18. 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)
(4)
(6)
(5)
(7)
(8)
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A.3. PRESCRIPTION
B. GROUNDS
Rule 138, Sec 27.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 wilfull
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 lawyers 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
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C. PROCEEDINGS
E. DISCIPLINE
GOVERNMENT
OF
LAWYERS
IN
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F. QUANTUM OF PROOF
The proof required is clear, convincing and
satisfactory evidence.
BURDEN OF PROOF AND PRESUMPTION OF
INNOCENCE
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 the complaint by
clearly preponderant evidence that warrants the
imposition of the harsh penalty. As a rule, an
attorney enjoys the legal presumption that he is
innocent of the charges made against him until
the contrary is proved. An attorney is further
presumed as an officer of the Court to have
performed his duties in accordance with his
oath (Joven and Reynaldo C. Rasing v. Cruz and
Magsalin (2013)).
G. DISCIPLINARY MEASURES
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MITIGATING CIRCUMSTANCES
(1) Absence of a prior disciplinary record;
(2) Absence of a dishonest or selfish motive;
(3) Personal or emotional problems;
(4) Timely good faith effort to make restitution
or to rectify consequences of misconduct;
(5) Full and free disclosure to disciplinary board
or cooperative attitude toward proceedings;
(6) Inexperience in the practice of law;
(7) Character or reputation;
(8) Physical or mental disability or impairment;
(9) Delay in disciplinary proceedings;
(10) Interim rehabilitation;
(11) Imposition of other penalties or sanctions;
(12) Remorse;
(13) Remoteness of prior offenses;
(14) Others:
(a) Good Faith;
(b) Want of intention to commit a wrong;
(c) Lack of material damage to the
complaining witness;
(d) Desistance of complainant;
(e) Error in judgment;
(f) Honest and efficient service in various
government positions;
(g) Ready admission of the infraction coupled
with explanation and plea for forgiveness;
(h) Clean record of professional service in the
past;
(i) Rendered professional services out of
pure generosity;
(j) Punished in another capacity for a
misconduct for which he now faces a
disbarment proceeding;
(k) Old Age & long membership (may also be
an aggravation de-pending on the
circumstance);
AGGRAVATING CIRCUMSTANCES:
(1) Prior disciplinary offenses;
(2) Dishonest or selfish motive;
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V. READMISSION
THE BAR
A. LAWYERS
SUSPENDED
WHO
HAVE
TO
BEEN
B. LAWYERS
DISBARRED
WHO
HAVE
BEEN
C. LAWYERS
REPATRIATED
WHO
HAVE
BEEN
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VI.
MANDATORY
CONTINUINGLEGAL
EDUCATION (MCLE)
A. 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;
(3) Enhance the standards of the practice of
law (Section 1, Rule 1, BM 850).
B. REQUIREMENTS
Members of the IBP shall complete, every three
years, at least 36 hours of continuing legal
education activities approved by the MCLE
Committee. Of the 36 hours:
Subject
# of Hours
Legal Ethics
6 hours
Trial and Pre-trial Skills
4 hours
Alternative Dispute Resolution
5 hours
Updates on substantive and 9 hours
procedural
laws
and
Jurisprudence
International
law
and 2 hours
International Conventions
Legal Writing and Oral Advocacy 4 hours
MCLE prescribed subjects
6 hours
C. COMPLIANCE
The IBP members covered by the requirement
are divided into three compliance groups:
(1) Compliance Group 1 consists of members in
the National Capital Region (NCR) or Metro
Manila;
(2) Compliance Group 2 consists members in
Luzon outside NCR; and
(3) Compliance Group 3 consists of members
in Visayas and Mindanao.
The initial compliance period shall begin not
later than three 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
(Section 1, Rule 3, BM 850).
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However:
(1) Where four months or less remain of the
initial compliance period after admission or
readmission, the member is not required to
comply with the program requirement for
the initial compliance;
(2) Where more than four months remain of
the initial compliance period after
admission or readmission, the member
shall be required to complete a number of
hours of approved continuing legal
education activities equal to the number of
months remaining in the compliance
period in which the member is admitted or
readmitted. Such member shall be
required to complete a number of hours of
education in legal ethics in proportion to
the number of months remaining in the
compliance period. Fractions of hours shall
be rounded up to the next whole number
(Section 5, Rule 3, BM 850).
D. EXEMPTIONS
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SCOPE
The rule governs the mandatory requirement for
practicing lawyers to render free legal aid
services in all cases (whether, civil, criminal or
administrative) involving indigent and pauper
litigants where the assistance of a lawyer is
needed. It shall also govern the duty of other
members of the legal profession to support the
legal aid program of the IBP.
E. SANCTIONS
(15) A member who, for whatever reason, is in
non-compliance at the end of the
compliance period shall pay a noncompliance fee.
(16) 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 (Sections 1 and 2, Rule 13, BM 850).
PRACTICING LAWYERS
Members of the Philippine Bar who appear for
and in behalf of parties in courts of law and
quasi-judicial agencies, excluding the following:
(1) Government employees and incumbent
elective officials not allowed by law to
practice;
(2) Lawyers who by law are not allowed to
appear in court;
(3) Supervising lawyers of students enrolled in
law student practice in duly accredited
legal clinics of law schools and lawyers of
non-governmental
organizations
and
peoples organizations, who by the nature
of their work already render free legal aid
to indigent and pauper litigants; and
(4) Lawyers do not appear for and in behalf of
parties in courts of law and quasi-judicial
agencies.
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OF
NOTARY
PENALTIES
Should a lawyer fail to render the minimum
prescribed number of hours., he shall be
required to explain why he was unable to do so.
If no explanation has been given or if the
National Committee on Legal Aid (NCLA) finds
the explanation unsatisfactory, the NCLA shall
make a report and recommendation to the IBP
Board of Governors for the erring lawyer to be
declared a member of the IBP who is not in
good standing.
Rules).
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Definition
Common Requisites
Represents to the notary public that
(1) Appears in person before the
the signature was voluntarily affixed for
notary public and presents an
Acknowledgement
the purposes stated in the instrument
integrally complete instrument
and declares that instrument was
or document;
executed as a free and voluntary act
Avows under penalty of law to the (2) Is attested to be personally
Oath or Affirmation
known to the notary public or
whole truth
identified by the notary public
Sign the instrument and take an oath
through competent evidence of
Jurat
or affirmation before the notary public
identity as defined by the
as to such instrument
Notarial Rules
Signs the instrument in the presence of
Signature witnessing
the notary public
I. COPY CERTIFICATION
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Rules).
C.2. LIMITATIONS
I. RELATING TO NOTARIAL ACTS
A notary public shall not perform a 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:
(a) Public offices, convention halls, and
similar places where oaths of office may
be administered;
(b) Public function areas in hotels and similar
places for the signing of instruments or
documents requiring notarization;
(c) Hospitals and other medical institutions
where a party to an instrument or
document is confined for treatment; and
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D. 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 (Sec. 5, Rule II, Notarial
Rules)
D.1. ENTRIES
I. BY THE NOTARY PUBLIC
Required to be entered at the time of
notarization:
(1) The entry number and page number;
(2) The date and time of day of the notarial
act;
(3) The type of notarial act;
(4) The title or description of the instrument,
document or proceeding;
(5) The name and address of each principal;
(6) The competent evidence of identity as
defined by the Notarial Rules if the
signatory is not personally known to the
notary;
(7) The name and address of each credible
witness swearing to or affirming the
person's identity;
(8) The fee charged for the notarial act;
(9) The address where the notarization was
performed if not in the notary's regular
place of work or business; and
(10) Any other circumstance the notary public
may deem of significance or relevance;
(11) Reasons and circumstances for not
completing a notarial act;
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D.3. SUBMISSION
A certified copy of each months 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 (Section 2(h), Rule VI, Notarial Rules).
F. REVOCATION OF COMMISSION
(1) The Executive Judge shall revoke a notarial
commission for any ground on which an
application for a commission may be
denied;
(2) In addition, the Executive Judge may
revoke the commission of, or impose
appropriate administrative sanctions upon,
any notary public who:
(a) Fails to keep a notarial register;
(b) Fails to make the proper entry or entries
in his notarial register concerning his
notarial acts;
(c) Fails to send the copy of the entries to
the Executive Judge within the first ten
days of the month following;
(d) Fails to affix to acknowledgments the
date of expiration of his commission;
D.2. CLOSING
At the end of each week, the notary public
shall certify in his notarial register the number
of instruments or documents executed, sworn
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G. COMPETENT
IDENTITY
EVIDENCE
OF
H. SANCTIONS
The Executive Judge may motu proprio initiate
administrative proceedings against a notary
public
and
impose
the
appropriate
administrative sanctions on the grounds for
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IX. CANONS OF
PROFESSIONAL ETHICS
A. ORIGIN
In 1917 and 1946, The Philippine Bar
Association (PBA) adopted the American Bar
Associations Canons of Professional Ethics.
In 1980, the IBP adopted a proposed Code of
Professional Responsibility, which was later
approved and promulgated by the SC as the
present Code of Professional Responsibility
(PCGG v. Sandiganbayan (2005)).
B. LEGAL STATUS
While the PBA enjoys high regard in the legal
community, the rules or canons it has adopted
are per se binding only on its members.
It would be grave error to declare that the
Canons of Professional Ethics, on their own,
serves as an indisputable source of obligations
and basis of penalties imposable upon
members of the Philippine legal profession.
This would violate the long-established
constitutional principle that it is the Supreme
Court which is tasked with the promulgation of
rules governing the admission to the practice
of law, as well as the pleading, practice and
procedure in all courts.
If provisions of the Canons of Professional
Ethics have jurisprudentially been enforced, or
acknowledged as basis for legal liability by the
SC, they may be recognized as a binding
standard imposable upon members of the bar,
not because said canons or the PBA itself said
so, but because the SC said so (Tinga, J., Sep.
Opinion, PCGG v. Sandiganbayan (2005)).
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I. SOURCES OF RULES
IN JUDICIAL ETHICS
A. THE NEW CODE OF JUDICIAL
CONDUCT FOR THE PHILIPPINE
JUDICIARY (BANGALORE DRAFT)
In Nov 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.
Intended to be the Universal Declaration of
Judicial Standards, it is founded on the
following principles:
(1) 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;
(2) 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; and
(3) It is essential that judges, individually and
collectively, respect and honor judicial
office as a public trust and strive to
enhance and maintain confidence in the
judicial system.
On Apr 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.
II. QUALITIES
A. INDEPENDENCE
Canon 1. Judicial independence is a
prerequisite to the rule of law and a
fundamental guarantee of fair trial. A judge
shall therefore uphold and exemplify judicial
independence in both its individual and
institutional aspects.
INDEPENDENT JUDICIAL FUNCTION
Section 1.Judges shall exercise the judicial
function independently:
(a) On the basis of their assessment of the
facts;
(b) In accordance with a conscientious
understanding of the law;
(c) Free of any extraneous influence,
inducement, pressure, threat or
interference, direct or indirect, from any
quarter or for any reason
An independent judiciary has been described
as one free of inappropriate outside
influences. Judges frequently experience
pressures in the exercise of their judicial
functions. Once a judge gives in to pressures
from whatever source, that judge is deemed to
have lost his independence and is considered
unworthy of the position.
More than just a breach of the rudiments laid
down in the Code of Judicial Conduct, judges
who succumb to pressure and, as a result,
knowingly ignore proven facts or misapply the
law in rendering a decision commit corruption.
Integrity is essential not only to the proper
discharge of the judicial office but also to the
personal demeanor of judges.
In every case, a judge should endeavor
diligently to ascertain the facts and the
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B. INTEGRITY
Canon 2. Integrity is essential not only to the
proper discharge of the judicial office but also
to the personal demeanor of judges.
The Code of Judicial Conduct not only provides
that a judge should act with integrity, but also
that he or she should so behave at all times so
as to promote public confidence in the integrity
of the judiciary.
Judges must be models of uprightness,
fairness and honesty. [Rural Bank of Barotac
Nuevo, Inc. vs. Cartagena (1978)]
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v. Rosete (2004)];
(2) Fraternizing with litigants and/or lawyers
(3)
(4)
(5)
(6)
behavior
[Lachica v.
Flordeliza (1996)];and
(3) Frequenting casinos and cockfights [City of
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DISCIPLINARY ACTION
Section 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.
Judges should not be lenient in in the
administrative supervision of their employees.
A judge must ensure that all court personnel
perform efficiently and promptly in the
administration of justice. [Buenaventura v.
Benedicto (1971]).
C. IMPARTIALITY
Canon 3. 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.
The Code of Judicial Conduct ordains that a
judge should be the embodiment of
competence, integrity and independence.
Furthermore, a judge should so behave at all
times as to promote public confidence in the
integrity and impartiality of the judiciary. 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.
[Barillo v. Lantin (2010)]
JUDICIAL DUTIES FREE FROM BIAS
Section 1. Judges shall perform their judicial
duties without favor, bias, or prejudice.
Bare allegations of partiality and prejudgment
will not suffice [Dimo Realty & Dev. Inc. v.
Dimaculangan (2004]). A judge's conduct must
be clearly indicative of arbitrariness and
prejudice before it can be stigmatized as
biased and partial [Cruz v. Iturralde (2003]).
EXTRAJUDICIAL SOURCE RULE
Bias and prejudice must be shown to have
resulted in an opinion on the merits on the
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(c)
(d)
(e)
(f)
(g)
JUDICIAL ETHICS
in controversy;
The judge, or a member of his or her
family, has an economic interest in the
outcome of the matter in controversy;
The judge served as executor,
administrator, guardian, trustee, or
lawyer in the case or 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;
The judge's ruling in a lower court is the
subject of review;
The judge is related by consanguinity or
affinity to a party litigant within the 6th
civil degree or to counsel within the
fourth civil degree; or
The judge knows that his or her spouse
or child has a financial interest, as heir,
legatee, creditor, fiduciary, or otherwise,
in the subject matter in controversy or in
a party to the proceeding, or any other
interest that could be substantially
affected by the outcome of the
proceedings.
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D. PROPRIETY
Canon 4. Propriety and the appearance of
propriety are essential to the performance of
all the activities of a judge.
AVOIDANCE OF IMPROPRIETY
Section 1. Judges shall avoid impropriety and
the appearance of impropriety in all of their
activities.
By prohibiting not only impropriety but even
the appearance of impropriety, the Code
Lustre (1999]);
(4) Making a joking remark to a litigant
suggesting for the latter to prove that he
harbored no ill feelings toward the judge
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CONFIDENTIAL INFORMATION
Section 9. Confidential information acquired
by judges in their judicial capacity shall not
be used or disclosed by, for any other purpose
related to their judicial duties.
A judges act of personally furnishing a party
copies of orders issued, without the same
passing through the court docket, is highly
irregular, giving rise to the suspicion that the
judge is partial to one of the parties in the case
pending before him [Co v. Calimag (2000]).
Records of cases are necessarily confidential,
and to preserve their integrity and
confidentiality, access thereto ought to be
limited only to the judge, the parties or their
counsel and the appropriate court personnel in
charge of the custody thereof. It is improper to
allow a judges wife, who is not a court
employee, much less the employee specifically
in charge of the custody of said records, to
have access thereto [Gordon v. Lilagan (2001)].
ENGAGE IN OTHER ACTIVITIES
Section 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, the administration of justice or
related matters;
(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.
This section should be read in conjunction with
Section 12, Article VIII, Constitution, which
prohibits members of the judiciary from being
designated to any agency performing quasijudicial or administrative functions.
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E. EQUALITY
Canon 5. Ensuring equality of treatment to all
before the courts is essential to the due
performance of the judicial office.
This is a new canon not found in the previous
codes of judicial conduct. It expands the
measures to promote equality required by
international human rights agreements [ABA
(2007]).
hasty
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NOT TO DIFFERENTIATE
Section 3. Judges shall carry out judicial
duties with appropriate consideration for all
persons, such as the parties, witnesses,
lawyers, court staff and judicial colleagues,
without differentiation on any irrelevant
ground,
immaterial
to
the
proper
performance of such duties.
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implementation.
Heavy
caseload
and
demanding workload are not valid reasons to
fall behind the mandatory period for
disposition of cases. [Office of the Court
Administrator v.
Judge Borromeo R.
Bustamante, Municipal Trial Court in Cities,
Alaminos City, Pangasinan, (2014)]
Competence is a mark of a good judge. When
a judge displays an utter lack of familiarity with
the rules, he erodes the publics confidence in
the competence of our courts. It is highly
imperative that judges be conversant with the
law and basic legal principles. Basic legal
procedures must be at the palm of a judges
hands [Hipe v. Literato (2012)]
DUTIES TAKE PRECEDENCE
Section 1. The judicial duties of a judge take
precedence over all other activities.
A judge may, in the exercise of his discretion,
inhibit himself voluntarily from sitting in a
case, but it should be based on good, sound or
ethical grounds, or for just and valid reasons.
No less than imperative is that it is the judges
sacred duty to administer justice without fear
or favor [Parayno v. Meneses(1994)]
PERFORM ADMINISTRAIVE DUTIES
Section 2. 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.
Failure to speedily dispose of cases on account
of missing records of cases reflects an
inefficient and disorderly system in the
recording of cases assigned to a judges sala.
Proper and efficient court management is as
much the judges responsibility, for the court
personnel are not the guardians of a judges
responsibilities. A judge is expected to ensure
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III.
DISCIPLINE
OF
MEMBERS OF THE
JUDICIARY
A.1. IMPEACHMENT
A. 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 (Section 2, Article X, 1987 Consti).
The impeachment of public officials has been
established
for
removing
otherwise
constitutionally tenured and independent
public officials for culpable violation of the
Constitution, treason, bribery, graft and
corruption, other high crimes, or betrayal of
public trust. The power to initiate
impeachment cases rests with the House while
the power to try the same rests with the
Senate.
Based on Section 3, Article VI, Constitution, the
steps leading to impeachment are as follows:
(1) A verified complaint for impeachment is
filed by a member of the House or
endorsed by him;
(2) The complaint is included in the order of
business of the House;
(3) The House refers the complaint to the
proper committee;
(4) The committee holds a hearing, approves
the resolution calling for impeachment,
and submits the same to the House;
(5) The House considers the resolution and
votes to approve it by at least one-third of
all its members, which resolution becomes
the article of impeachment to be filed with
the Senate when approved; and
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HOW INSTITUTED
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 proprioby 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(Sec. 1, Rule
140).
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)].
INVESTIGATION
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 (Section 2, Rule 140), the SC shall:
(1) Refer the matter to the Office of the Court
Administrator (OCA) for evaluation,
report, and recommendation; or
(2) Assign the case for investigation, report,
and recommendation to:
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AUTOMATIC
CONVERSION
OF
ADMINISTRATIVE CASES TO DISCIPLINARY
PROCEEDINGS
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 be
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:
(1) Violation of the Lawyer's Oath;
(2) Violation of the Code of Professional
Responsibility;
(3) Violation of the Canons of Professional
Ethics; or
(4) Such other forms of breaches of
conduct that have been traditionally
recognized as grounds for the
discipline of lawyers.
The respondent is required to comment on the
complaint and show cause why he should not
also be suspended, disbarred or otherwise
disciplinarily sanctioned as a member of the
bar. Judgment in both respects may be
incorporated in one decision or resolution.
EFFECT OF WITHDRAWAL OR DESISTANCE
The actuations of a judge seriously affects 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
against the judge.
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)].
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Sanctions:
(1) Dismissal from the service, forfeiture of all
or part of the benefits as the Court may
determine, and disqualification from
reinstatement or appointment to any
public office, including governmentowned 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 but not
exceeding P40,000.00; [Section 11, Rule
140]
LESS SERIOUS CHARGES
(1) Undue delay in rendering a decision or
order, or in transmitting the records of a
case;
(2) Frequently 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 (Section 9, Rule 140).
Sanctions:
(1) Suspension from office without salary and
other benefits for not less than one nor
more than three months; or
(2) A fine of more than P10,000.00 but not
exceeding P20,000.00 [Sec. 11, Rule 140].
LIGHT CHARGES
(1) Vulgar and unbecoming conduct;
(2) Gambling in public;
(3) Fraternizing with lawyers and litigants
with pending case/cases in his court; and
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Collado (1981)];
(2) Misappropriation of fiduciary funds (i.e.,
proceeds of cash bail bond) by depositing
the check in a personal account, thus
converting the trust fund to personal use
[Municipal Council of
Quezon v. Morales (1974)];
Casiguruhan,
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III. DISQUALIFICATIONS
OF JUSTICES AND JUDGES
[RULE 137]
A. COMPULSORY DISQUALIFICATION
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:
(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
sixth degree of consanguinity or affinity,
or to counsel within the fourth degree,
computed according to the rules of the
civil law;
(3) He has been executor, administrator,
guardian, trustee or counsel; or
(4) He has presided in any inferior court
when his ruling or decision is the subject
of review. (Section 1, 1st par., Rule 137).
REASON FOR THE RULE
The rule on compulsory disqualification of a
judge to hear a case rests on the salutary
principle that no judge should preside in a case
in which he is not wholly free, disinterested,
impartial and independent. A judge has both
the duty of rendering a just decision and the
duty of doing it in a manner completely free
from suspicion as to its fairness and as to his
integrity.
The law conclusively presumes that a judge
cannot objectively or impartially sit in such a
case and, for that reason, prohibits him and
strikes at his authority to hear and decide it, in
the absence of written consent of all parties
concerned. The purpose is to preserve the
people's faith and confidence in the courts'
justice [Garcia v. De La Pena (1994)]
.
B. VOLUNTARY DISQUALIFICATION
Rule 137. Section 1., 2nd par. A 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.
REASON FOR THE RULE
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 to his
actions, whether well-grounded or not, the
judge has no other alternative but inhibit
himself from the case.
A judge may not be legally prohibited from
sitting in a 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 [Bautista v.
Rebueno (1978)].
Intimacy or friendship between a judge and an
attorney of record of one of the parties to a suit
is no ground for disqualification. That one of
the counsels in a case was a classmate of the
trial judge is not a legal ground for the
disqualification of the said judge.
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B. PUBLICITY OF PROCEEDINGS
General rule: The sitting of every court of
justice shall be public.
Exception: Any court may, in its discretion,
exclude the public when the evidence to be
adduced is of such nature as to require their
exclusion in the interest of morality or decency
(Section 2, Rule 135).
C. PUBLICITY OF RECORDS
General rule: The records of every court of
justice shall be public records and shall be
available for the inspection of any person:
(1) At all proper business hours;
(2) Under the supervision of the clerk having
custody of such records.
D.
ENFORCEABILITY
PROCESS
OF
COURT
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SIGNING
JUDGMENTS
PROVINCE
OUT
OF
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DUTY OF A SHERIFF
As a Sheriff, he is expected to be familiar with
court procedure and processes, especially
those concerning the execution of orders and
decisions of the courts [Heirs of Teves v.
Felicadario (2013)]
Sheriffs play an important role in the
administration of justice. They are tasked to
execute final judgments of the courts. If not
enforced, such decisions become empty
victories of the prevailing parties. As agents
of the law, sheriffs are called upon to
discharge their duties with due care and
utmost diligence because in serving the
courts writs and processes and implementing
its orders, they cannot afford to err without
affecting the integrity of their office and the
(2012)
DUTY
OF
JUDICIAL
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AND
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VIII.
INDEXING
SEPARATING CASES
BOOKS
AND
A.3. TAKING OF
CLERKS OFFICE
RECORDS
FROM
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B. STENOGRAPHERS
It shall be the duty of the stenographer who
has attended a session of a court either in the
morning or in the afternoon, to deliver to the
clerk of court, immediately at the close of such
morning or afternoon session, all the notes he
has taken, to be attached to the record of the
case.
It shall likewise be the duty of the clerk to
demand that the stenographer comply with
said duty. The clerk of court shall stamp the
date on which notes are received by him.
When such notes are transcribed, the
transcript shall be delivered to the clerk, duly
initialed on each page thereof, to be attached
to the record of the case.
Whenever requested by a party, any statement
made by a judge of first instance, or by a
commissioner, with reference to a case being
tried by him, or to any of the parties thereto, or
to any witness or attorney, during the hearing
of such case, shall be made of record in the
stenographic notes (Section 17, Rule 136).
B. FEES IN LIEN
The party concerned shall pay additional fees,
where the court in its final judgment awards:
(1) A claim not alleged; or
(2) A relief different from, or more than that
claimed in the pleading.
The additional fees which shall constitute a
lien on the judgment. The clerk of court shall
assess and collect the corresponding fees
(Section 2, Rule 141).
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VIII. COSTS
A. RECOVERY OF COSTS(RULE 142)
A.1. PREVAILING PARTY
Unless otherwise provided in the Rules of
Court, costs shall be allowed to the prevailing