JMHR (B 2015)

legal ethics doctrines

JUSTICE HOFILENA

INTRODUCTORY Director of Religious Affairs v. Bayot 74 Phil. 419 (1944) - The legal profession is not a trade. - The practice of soliciting cases at law for the purpose of gain constitutes malpractice. It is highly unethical for an attorney to advertise his talents/skills as a merchant advertises his wares. o It is degrading to the lawyer as well as to the profession. Cui v. Cui 11 SCRA 755 (1964) - TITULO DE ABOGADO means not a mere possession of a degree in law but membership in the bar after due admission thereto, qualifying one for the practice of law. - Reinstatement to the roll of attorneys wipes out the restrictions and disabilities resulting from a previous disbarment. Alawi v. Alauya 268 SCRA 628 (1997) - Public officials and employees must at all times respect the rights of others and refrain from doing acts contrary to law, good morals, good customs, public policy, safety, and interest. o Their conduct must be characterized by propriety and decorum to earn and keep the respect of the public for the judiciary. - As a man of the law, he may not use language which is abusive, offensive, scandalous, menacing, or improper. - ATTORNEY is reserved t those who have been duly admitted to the Integrated Bar of the Philippines and remain members thereof in good standing. - Persons who pass the Sharia Bar are not full-fledged members of the Philippine Bar and can only practice in Sharia courts. - CLASS NOTES: The SC has the sole authority to determine who may be admitted to the bar. o Congress can, in the exercise of its police power, regulate the profession for the benefit of public interest. ADMISSION TO PRACTICE Cayetano v. Monsod 201 SCRA 210 (1991) - PRACTICE OF LAW: any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training, and experience. o To engage in such practice is to perform those acts which are characteristics of the profession. o Framers intended a liberal construction. Aguirre v. Rana 403 SCRA 342 (2003) - It is the signing of the ROLL OF ATTORNEYS that makes one a full-fledged lawyer. - To engage in the practice of law is to perform acts usually performed by members of the legal profession. o It is to render any kind of service requiring the use of legal knowledge or skill. - It is a privilege that can be withheld even from one who passed the bar exams if the person seeking admission had practiced law without a license. - CASE AT BAR: Having held himself out as counsel knowing that he had no authority to practice law, respondent has shown moral unfitness to be a member of the Philippine Bar. o Under the Rules, a person engaging in unauthorized practice is liable for indirect contempt of court. Catu v. Rellosa 546 SCRA 200 (2008) - Rule 6.03 of the CPR prohibits former government lawyers from accepting engagement/employment in connection with any matter in which they had intervened while in public service. Diao v. Martinez 77 SCRA 476 (1963) - Admission to the Bar obtained under false pretenses must be revoked. - Before the study of law, an applicant for admission must have completed the prescribed courses of legal study in the regular manner. In re: Argosino 270 SCRA 26 (1995) - It is a privilege granted to those who only possess the strict INTELLECTUAL and MORAL qualifications required of lawyers who are instruments in the effective and efficient administration of justice. - In allowing one to take the lawyers oath, the court recognizes that he is not inherently of bad moral fiber. - Every lawyer should, at all times, weigh actions according to the sworn promises he makes when taking the lawyers oath .

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legal ethics doctrines

JUSTICE HOFILENA

In re: Lanuevo 66 SCRA 245 (1975) - The judicial function of the SC in admitting candidates to the legal profession involves the exercise of discretion. - Practice of law is not an absolute right granted to everyone who demands it but a privilege to be extended or withheld in the exercise of the sound discretion of the Court. Philippine Lawyers Association v. Agrava 105 SCRA 173 (1959) - The practice of law includes appearance before the patent office, representation of applicants, oppositors, and other persons, and the prosecution of their applications for patent, their oppositions thereto or the enforcement of their rights in patent cases. - A member of the Bar, because of his legal knowledge and training, should be allowed to practice before the patent office without further examination or other qualification. o Much of the business in said office involves interpretation and determination of the scope and application of the patent law and other laws applicable as well as the presentation of evidence to establish facts involved. LAWYERS DUTY TO SOCIETY Royong v. Oblena Administrative Case No. 376 (1963) - The power of the courts to exclude unfit and unworthy members of the legal profession is inherent. o It is a necessary incident to the proper administration of justice and may be exercised without any special statutory authority, and in all proper cases, unless positively prohibited by statute. - The power may be exercised in any manner that will give a party to be disbarred a fair opportunity to be heard. - Statutes enacted by Congress or rules by the SC by virtue of its rule-making power do not restrict general powers of the court over attorneys. - Rule on disbarment is broad enough to cover any misconduct. - An attorney may be removed whenever he ceases to possess good moral character. In re Financial Audit on Atty. Raquel Kho 521 SCRA 25 (2007) - A Clerk of Courts failure to remit judiciary funds for over a year an omission contrary to the mandatory provisions of OCA Circular 84-93 is a breach of his oath to obey the laws. - Lawyers should always keep in mind that a lawyers responsibilities under Canon 1 mean more than just staying out of trouble with the law. - As servants of the law and officers of the court, lawyers are required to be at the forefront of observing & maintaining the rule of law, making themselves exemplars worthy of emulation. - UNLAWFUL CONDUCT any act or omission contrary to law but does not necessarily imply the element of criminality although it is broad enough to include it. Chua v. Mesina 436 SCRA 149 (2004) - Advising clients to execute another Deed of Sale antedated 1979 to evade payment of capital gains tax, the lawyer violated his duty to promote respect for the law and legal practices, and not to abet activities aimed at defiance of the law. De Ysasi v. NLRC 231 SCRA 173 (1994) - A lawyer should be a mediator for concord and a conciliator for compromise rather than a virtuoso of technicality in the conduct of litigation. - The useful function of a lawyer is not only to conduct litigation but to avoid it whenever possible by advising settlement or withholding suit. Suarez v. Platon 69 Phil. 556 (1940) - The prosecuting officer is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all. - Its interest in a criminal prosecution is not that it shall win a case, but that justice shall be done. Ramos v. Imbang 530 SCRA 759 (2007) - Lawyers in government service are expected to be more conscientious of their actuations as they are subject to public scrutiny. o They cannot handle private cases for they are expected to devote themselves fulltime to the work of their respective offices. - Not only are they members of the Bar but also public servants who owe utmost fidelity to public service. - Acceptance of money from a client establishes an attorney-client relationship. - CLASS NOTES: Lawyers of PAO cannot ask for money because the office was created for the poor & needy who cannot afford legal services.

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legal ethics doctrines

JUSTICE HOFILENA

PCGG v. Sandiganbayan 455 SCRA 526 (2005) - MATER any discrete, isolatable act as well as identifiable transaction or conduct involving a particular situation & specific party, and not merely an act of drafting, enforcing, or interpreting government or agency procedures, regulations, or laws, or briefing abstract principles of law. - CASE AT BAR: advice given by SolGen on the procedure to liquidate a bank is not the matter contemplated by Rule 6.03 of the CPR. - INTERVENE includes an act of a person who has the power to influence proceedings o It cannot be unsubstantial and insignificant. Angalan v. Delante 578 SCRA 113 (2009) - Violation of Canons 16 & 17 constitutes gross misconduct. LAWYERS DUTY TO THE LEGAL PROFESSION UPHOLDING INTEGRITY Soberano v. Villanueva 6 SCRA 891 (1962) - An attorney may be disbarred or suspended for misconduct committed before admission to the bar. - To justify disbarment for breach of good faith done before admission, the transaction/act must be so corrupt and false as to constitute a criminal act or so unprincipled as to be reprehensible to a high degree. - Intimacy between a man & woman who are not married is not a sufficient ground for disbarment. Delos Reyes v. Aznar 179 SCRA 653 (1989) - It is the duty of a lawyer, whenever his moral character is put in issue, to satisfy this Court that he is a fit and proper person to enjoy continued membership in the Bar. o He cannot dispense with nor downgrade the high and exacting moral standards of the legal profession. - GOOD MORAL CHARACTER is a continuing qualification necessary to entitle one to continue in the practice of law. - CASE AT BAR: It was highly immoral for a lawyer married and with children to have taken advantage of his position as chairman of the college of medicine in asking the complainant to go with him to Manila where he had carnal knowledge of her under the threat that she would flunk her in all her subjects if she refused. Samaniego v. Ferrer 555 SCRA 1 (2008) - Extra-marital affairs are a disgraceful & immoral conduct subject to disciplinary action. - It is immaterial that the kabit is in pari delicto. o It is the lawyer who is being investigated on his conduct and fitness to continue as one of the Courts officers and member of the Bar. Arnobit v. Arnobit 369 SCRA 247 (2008) - The requirement of good moral character is much greater import as far as the general public is concerned than the possession of legal learning. - IMMORAL CONDUCT that which is so wilful, flagrant, or shameless as to show indifference to the opinion of good & respectable members of the community. o To be the basis of disciplinary action, such conduct must not only be immoral but grossly immoral. o It must be so corrupt as to constitute a criminal act or so unprincipled as to be reprehensible to a high degree or committed under circumstances as to shock the common sense of decency. - A member of the Bar and an officer of the court is required to refrain from adulterous relationships and also behave himself as to avoid scandalizing the public by creating the impression that he is flouting those standards. - When ones moral character is assailed, such that his right to continue practicing his profession is imperilled, it behoves t he individual concerned to meet the charges squarely and present evidence, to the satisfaction of the investigating body and this Court, that he is morally fit to keep his name in the Roll of Attorneys. St. Louis Highschool Faculty & Staff v. Dela Cruz 499 SCRA 614 (2006) - The practice of law is not a right but a privilege bestowed by the State on those who show that they possess qualifications required by law for the conferment of such privilege membership in the bar is a privilege burdened with conditions. - There is no distinction as to whether the transgression is committed in the l awyers professional capacity or in his private life . [NO DICHOTOMY OF STANDARDS] - A disbarment case is sui generis for it is neither purely civil nor purely criminal but is rather an investigation by the court into the conduct of its officers - The power to disbar must be exercised with great caution. o It may be imposed only in a clear case of misconduct seriously affecting the standing of the character as an officer of the court.

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legal ethics doctrines

JUSTICE HOFILENA

LAWYERS RELATIONSHIP WITH OTHER LAWYERS Reyes v. Chiong, Jr. 405 SCRA 212 (2003) - A lawyer shall conduct himself with courtesy, fairness, and candor towards his professional colleagues, and shall avoid harassing tactics against opposing counsel. - Lawyers should treat their opposing counsel and other lawyers with courtesy, dignity, and civility. o Any undue ill feelings between clients should not influence counsels in their conduct & demeanor toward each other. - Mutual bickering, unjustified recriminations, and offensive behaviour among lawyers detract from the dignity of the profession and also amounts to highly unprofessional conduct is subject to disciplinary action. - While lawyers owe entire devotion to the interests of their client, it does not permit the violation of the law or any manner of fraud or chicanery. Dallong-Galicinao v. Castro 474 SCRA 1 (2005) - Not being the counsel of record, and there being no authorization from either parties to represent them, the lawyer had no right to impose his will on the clerk of court. [Rule 8.02 CPR] o CASE AT BAR: constant checking of transmittal records is an encroachment upon the legal functions of the counsel of record of that case. o Good faith is immaterial. - The highest reward that can be bestowed on lawyers is the esteem of their brethren. Alcantara v. Atty. Pefianco 393 SCRA 247 (2002) - CPR admonishes lawyers who use improper and offensive language. The must act honourably, fairly, and candidly toward each other and otherwise conduct themselves without reproach at all times. Camacho v. Pagulayan 328 SCRA 631 (2000) - A lawyer who proceeded to negotiate with the opposing party without communicating the matter to their lawyer is an inexcusable violation of the Canons and in utter disregard of a duty owed to a colleague. o It is immaterial if done by design or oversight. Torres v. Javier 470 SCRA 408 (2005) - Utterances made during judicial proceedings are absolutely privileged so long as they are pertinent and relevant to the subject in inquiry. o It must be legitimately related or so pertinent to the subject of the controversy that it may become subject of the inquiry during trial. o Privilege does not extend to that which is palpably wanting in relation to the subject matter of the controversy that no reasonable man can doubt its irrelevancy or impropriety. - That a lawyer may have conducted himself improperly is not a justification for another lawyer to be relieved from observing professional conduct in his relations with the former. - Clients, not lawyers, are the litigants, so whatever may be the ill feeling between clients should not be allowed to influence counsels in their conduct toward each other or toward suitors in the case. - In keeping with the dignity of the legal profession, a lawyers language must be dignified and the choice of language is important in preparation of pleadings. o Arguments in pleadings should be gracious to both the court and opposing counsel and be of such words as may be properly addressed by one gentleman to another. Linsangan v. Tolentino 598 SCRA 133 (2009) - AMBULANCE CHASING is the solicitation of almost any kind of legal business by an attorney, personally or through an agent, in order to gain employment. - A lawyer should not steal another lawyers client nor induce the latter to retain him by a promise of better service, good result, or reduced fees for his services. - GENERAL RULE: Lawyers should not lend money to clients. - EXCEPTION: When, in the interest of justice, he has to advance necessary expenses for a matter that he is handling for the client (eg. Filing fees, stenographer fees, cash bond, etc.) - PROFESSIONAL CALLING CARDS o Lawyers name; Name of firm; Address; Contact Number; and Special Branch of Law practiced - A lawyers best advertisement is a well-merited reputation for professional capacity and fidelity to trust based on his character and conduct.

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legal ethics doctrines

JUSTICE HOFILENA

SOLICITATION & ADVERTISING Khan, Jr. v. Simbillo 409 SCRA 299 (2003) - Lawyering is not primarily meant to be a money-making venture and law advocacy is not a capital that necessarily yields profits. o It is a profession which duty to public service, not money, is the primary consideration. - Distinguishing Profession from Business: o Duty to public service as primary purpose while emolument is just a mere by-product o Officer of the Court to the administration of justice o Relations to clients is highly fiduciary o A relation to colleagues characterized by candor, fairness, and no encroachment. - For SOLICITATION TO BE PROPER, it must be compatible with the dignity of the legal profession. Ulep v. Legal Clinic Inc. 223 SCRA 278 (1993) - The practice of giving out legal information constitutes practice of law. - GENERAL RULE: Lawyers may not advertise their services or expertise. - EXCEPTION: o Publication in reputable law lists, in a manner consistent with the standards of conduct imposed by the Canons, of brief biographical and informative data. o Use of ordinary and simple professional card is also permitted. [For contents thereof, see Linsangan v. Tolentino] - Publication of a simple announcement of the opening of a law firm or changes in partnership, associates, firm name, or office address, being for convenience, is not objectionable. Foodsphere Inc. v. Mauricio 593 SCRA 367 (2009) - It is necessary for every lawyer to act and comport himself in a manner that promotes public confidence in the integrity of the legal profession which confidence may be eroded by irresponsible & improper acts of a member of the Bar. - A lawyer shall not make public statements in the media regarding a pending case tending to arouse public opinion for or against the party. Suspension of Atty. Bagabuyo 535 SCRA 200 (2007) - Canon 11 CPR: mandates a lawyer to observe & maintain respect due to the courts and to judicial officers & should insist on similar conduct on others. - CASE AT BAR: Statements against the judge made to the mass media while a criminal case is pending violates Rule 13.02. o The rules clearly provide for the proper avenue & procedure for doing so. INTEGRATED BAR OF THE PHILIPPINES In re Integration 49 SCRA 22 (1973) - Read the original Santos v. Llamas 322 SCRA 529 (2000) - A lawyer can engage in the practice of law only by paying his IBP dues, and it does not matter that his practice is limited. - Exemption from payment of income tax granted to senior citizens does not include payment of association dues. - A lawyer who indicates that he has paid IBP dues, when in fact he has not, in his pleadings is an act of misrepresentation to the public and to the courts and is guilty of violating the CPR. - A lawyers falure to pay his dues merits the most severe penalty. Letter of Atty. Arevalo Requesting Exemption from Payment 458 SCRA 209 - An integrated bar is an official national body of which all lawyers are required to be members. - They are subject to all the rules prescribed for the governance of the Bar, including the payment of a reasonable annual fee for the effective discharge of purposes of the Bar and adherence to the CPR. - Integration means the official unification of the entire lawyer population and this requires membership and financial support of every attorney as condition sine qua non to the practice of law and the retention of his name in the Role of Attorneys of the SC. - The fee is imposed as a regulatory measure designed to raise funds for carrying out the noble objectives and purposes of integration. - The practice of law is not a property right but a privilege and, as such, must bow to the inherent regulatory power of the SC to exact compliance with the lawyers public responsibilities.

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legal ethics doctrines

JUSTICE HOFILENA

LAWYERS DUTY TO COURTS OWES CANDOR & FAIRNESS Zaldivar v Gonzales 166 SCRA 316 (1988) - The SC has plenary disciplinary authority over attorneys. o This comes from its constitutional mandate to regulate admission to the practice of law. - The SC has inherent power to punish for contempt; to control, in furtherance of justice, the conduct of ministerial officers of the court including lawyers and all other persons connected in any manner with a case before the Court. o It is necessary for its own protection against an improper interference with the due administration of justice. - DISCIPLINARY POWERS OVER ATTORNEYS o Broader than power to punish for contempt of court. o Misconduct charged need not constitute contempt of court. o It is corollary to the Courts exclusive power of admission to the Bar. - CONTEMPT OF COURT o Can be committed by lawyers & non-lawyers. o Does not exhaust the scope of disciplinary authority of the court over attorneys. o Punishes contumacious conduct that degrades the respect due to the court. - As the offended party, prosecutor, and arbiter at one and the same time in the exercise of its inherent power to discipline attorneys - Reference of complaints against attorneys either to the IBP or to the Solicitor General is NOT MANDATORY In re Almacen 31 SCRA 562 (1970) - A lawyer may criticize properly by respectful terms and through legitimate channels the act of courts and judges. o Good faith must be present. o It should not go beyond what is decent and proper. - Post-litigation utterances and publications of a lawyer critical of courts may be a basis of disciplinary action. o Pendency or non-pendency of a proceeding is immaterial in a disciplinary action against a lawyer as an officer of the court and to preserve the purity of the legal profession. - Disciplinary proceedings against lawyers are sui generis. o There is neither plaintiff nor prosecutor o May be instituted motu propio by the Court o Public interest is the primary objective. Fernandez v. De Ramos-Villalon 580 SCRA 320 (2009) - As an officer of the court, a lawyer has a duty to be truthful in all his dealings. - However, this duty does not require that the lawyer advance matters of defense on behalf of his or her clients opponent. Rivera v. Corral 384 SCRA 623 (2002) - GROUNDS FOR DISBARMENT OR SUSPENSION o Deceit; o Malpractice or other gross misconduct in office; o Grossly immoral conduct; o Conviction of a crime involving moral turpitude; o Violation of Lawyers Oath; o Wilful disobedience to any lawful order of a superior court; or o Wilfully appearing as an attorney for a party without authority Johnny Ng v. Alar 507 SCRA 465 (2006) - A lawyers language should be forceful but dignified, emphatic but respectful as befitting an advocate and in keeping with the dignity of the legal profession. - CASE AT BAR: the argument that labor practitioners are entitled to some latitude in expressing righteous anger is unavailing. Fudot v. Cattleya Land 570 SCRA 86 (2008) - CONTEMPT: a disobedience to the court by setting up an opposition to its authority, justice and dignity. - INDIRECT CONTEMPT: committed out of or not in the presence of the court o CASE AT BAR: an accusation of bribery is easy to concoct and difficult to disprove - As an officer of the court, a lawyer is expected to bring to the fore irregular and questionable practices of those sitting in court which tend to corrode the judicial machinery.

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legal ethics doctrines

JUSTICE HOFILENA

ASSISTING THE COURT IN SPEEDY & EFFICIENT ADMINISTRATION OF JUSTICE Plus Builders v. Revilla, Jr. 501 SCRA 615 (2006) - Good faith, fairness, and candor constitute the essence of membership in the legal profession. - While lawyers owe fidelity to the cause of their client, they must never abuse their right of recourse to the courts by arguing a case that has repeatedly been rejected, nor should they use their knowledge of the law as an investment to harass a party or to misuse judicial processes. Hegna v. Paderanga 598 SCRA 575 (2009) - Lawyers act of non-registration of deeds of sale to avoid paying tax may not be illegal per se, but, as a servant of the law, he should make himself an exemplar for others to emulate. o The responsibilities of a lawyer are greater than those of a private citizen. In re SC Resolution dated 29 April 2003 A.C. No. 6332 [Penas disbarment] - Lawyers are duty-bound to observe and maintain the respect due to the courts and judicial officers. - They are to abstain from offensive or menacing language or behaviour before the court and refrain from attributing to a judge motives not supported by the record or immaterial to the case. NATURE AND CREATION OF ATTORNEY-CLIENT RELATIONSHIP Canoy v. Ortiz 453 SCRA 410 (2005) - Efforts of private practitioners who assist in the goal of providing legal representation for those who could not otherwise afford services of lawyers are especially commendable, owing to their sacrifice in time and resources beyond the call of duty and without expectation with pecuniary reward. o This will not, however, deliver him from the consequences of negligent acts. - Pauper litigants deserve quality representation as well. - Once a lawyer agrees to take up the cause of a client, a lawyer owes fidelity to such cause and must always be mindful of the trust and confidence reposed upon him. - LAWYER-CLIENT RELATIONSHIP, being one of confidence, there is ever present the need for the client to be adequately and fully informed of the developments of the case and should not be left in the dark as to the mode and manner in which his/her interests are being defended. Briones v. Jimenez 522 SCRA 236 (2007) - Power to disbar must always be exercised with great caution for only the most imperative reasons and in clear cases of misconduct affecting the standing & moral character of the lawyer as an officer of the court and a member of the Bar. - It should not be decreed where any punishment less severe (i.e. reprimand, suspension, or fine) would accomplish the end desired. Pena v. Aparicio 525 SCRA 444 (2007) - Certification against non-forum shopping to be attached to the complaint must refer to another administrative case for disciplinary proceedings. - Filing of multiply suits and possibility of conflicting decisions rarely happens in disbarment complaints. - A lawyers duty is not to his client but to the administration of justice. o To that end, his clients success is subordinate and his conduct ought to and must always be scrupulously observant of law and ethics. [Rule 19.01] - A lawyer should not file/threaten to file cases against the adversaries of his client designed to secure leverage to compel the adversaries to yield or withdraw their own cases against the lawyers client. - The privileged nature of a demand letter is removed when a lawyer uses it to blackmail someone and extort from the latter compliance with the demands of his client. PANELCO v. Montemayor 533 SCRA 1 (2007) - When a lawyer undertakes a clients cause, he makes a covenant that he will exert all efforts for its prosecution until final conclusion. o He should undertake the task with dedication and care. o Anything short of this is a violation of the Lawyers Oath. - A lawyers lethargy from the perspective of the Canons is both unethical and unprofessional. - CASE AT BAR: Breaches of the CPR and palpable sloth and irresponsibility of the lawyer as demonstrated in handling cases of his client undeniably reveal that he has become more of a liability than an asset to the legal profession such that he cannot be entrusted anymore with the sacred duty and responsibility to protect the interests of any prospective client.

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legal ethics doctrines

JUSTICE HOFILENA

LAWYERS FIDUCIARY OBLIGATIONS Licuanan v. Melo 170 SCRA 100 (1989) - Failure to account and remit money received on behalf of his client for over a year is glaringly a breach of the Lawyers Oat h to which he swore observance. Lemoine v. Balon, Jr. 414 SCRA 511 (2003) - A lawyer must hold in trust all moneys & properties of his client that he may come to possess. o After receiving the clients insurance claim, a lawyer must report it to his client. - Failure to promptly account for the funds received and held for the benefit of the client is a ground for disciplinary action. - A lawyer who practices/utilizes deceit in his dealings with his clients violates his duty of fidelity, loyalty, and devotion to the clients cause and degrades himself as well as the legal profession. De Chavez-Blanco v. Lumasag, Jr. 585 SCRA 57 (2009) - In administrative proceedings, the BURDEN OF PROOF that the lawyer committed acts complained of rests on the one alleging it. - SUSPENSION: not primarily intended as a punishment but as a means to protect the public and the legal profession. Wong v. Moya III 569 SCRA 256 (2008) - A member of the Bar may be disbarred or suspended from his office 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. - All members of the Bar must obey the laws of the land and promote respect for the law. - CASE AT BAR: issuance of checks that were later dishonored for having been drawn against a closed account indicates a lawyers unfitness for the trust reposed on him. - Failure to attend hearings & belated pleas to dismiss the case, despite orders to the contrary, show a callous disregard of the lawful orders of the duly constituted authority which caused undue delay in the proceeding. Arellano University v. Mijares III 605 SCRA 93 (2009) - A lawyers conversion of funds entrusted to him is a gross violation of professional ethics. o As a mere trustee, a lawyer must hold them separate from that of his own funds. - The court will not permit the conversion of a disbarment proceeding into a remedy. LAWYERS DUTY TO PRESERVE CLIENTS CONFIDENCE Regala v. Sandiganbayan 262 SCRA 122 (1996) - An attorney is more than a mere agent or servant because he possesses special powers of trust and confidence reposed on him by his client. o As independent as the judge of the court. o Possess special powers of trust and confidence. - GENERAL RULE: A lawyer may not invoke the privilege and refuse to divulge the name/identity of his client. - EXCEPTION: A clients identity is privileged where there is a strong probability that revealing the clients name would implicate that client in the very activity for which he sought the lawyers advice. o Where disclosure would open the client to civil liability, his identity is privileged. - The content of any client communication to a lawyer lies within the privilege if it is relevant to the subject matter of the legal problem on which the client seeks legal assistance. - Where the nature of the attorney-client relationship has been previously disclosed, and it is the identity which is intended to be confidential, the identity of the client is held to be privileged. - Lawyer-client confidentiality privilege and lawyers loyalty to his client extends even after the termination of the relationship. Pfleider v. Palanca 35 SCRA 75 (1970) - Breach of fidelity owing from a lawyer to his client as a ground for disbarment. - Suing ones attorney may result in the termination of the attorney-client relationship o It is incompatible with the mutual confidence and trust essential to every attorney-client relationship. Hadjula v. Madianda 526 SCRA 241 (2007) - The moment complainant approached the lawyer-friend to seek legal advice, a veritable lawyer-client relationship evolved between the two which imposes upon the lawyer certain restrictions circumscribed by the ethics of the profession. - FACTORS IN ESTABLISHING EXISTENCE OF ATTORNEY-CLIENT PRIVILEGE COMMUNICATION o Legal advice of any kind is sought;

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Sought from a professional legal adviser acting as such; Communications relating to that purpose; Made in confidence by the client; Permanently protected from disclosure by himself/legal advisor; and Protection is not waived. PURPOSE: Protect the client from possible breach of confidence as a result of his consultations with a lawyer.

o o o o o

Palm v. Iledan, Jr. 602 SCRA 12 (2009) - Documents considered as public records are not confidential. - CASE AT BAR: Even if the information about the need to amend the corporate by-laws may have been given to a lawyer, it is not considered confidential information because the proposed amendments must be approved by at least a majority of the stockholders, and copies of the amended by-laws must be filed with the SEC. - A lawyer could not be guilty of conflict of interest where there was nothing in the records that would show that he used against his former client any confidential information acquired while he was still retained as counsel. o The intention is to protect the clients interest only on matters arising after the termination of the lawyer-client relationship. LAWYERS DUTIES OF FAIR DEALINGS & AVOIDING CONFLICT OF INTEREST Hilado v. David 84 Phil. 570 (1949) - To constitute professional employment, it is not essential that the client should have employed the attorney professionally on any previous occasion. o It is not necessary that any retainer be paid, promised, or changed. - There is no law prohibiting attorneys from acting on behalf of both parties to a controversy whose interests are opposed to each other but such prohibition is necessarily implied. - Information obtained is sacred to the employment to which it pertains and to permit it to be used in the interest of another or the adverse party is to strike at the element of confidence which lies at the basis of the attorney-client relationship. o Mere relation precludes the attorney from accepting the opposing parties retainer in the same litigation. o This is founded on public policy and good taste. Nakpil v. Valdes 286 SCRA 758 (1998) - Business transactions between attorney-client are disfavoured and discouraged. Hence, the courts carefully watch them to assure that no advantage is taken by a lawyer over his client. o The transaction must be with utmost fidelity & good faith. - Misuse of legal expertise to deprive client of property is unethical. - The proscription against representation of conflicting interests applies where the interests arise with respect to the same general matters and applicable however slight the interest may be. o Allowed when parties consent (ie. INFORMED CONSENT.) Hornilla v. Salunat 405 SCRA 220 (2003) - There is CONFLICT OF INTEREST when a lawyer represents inconsistent interests of 2 or more opposing parties. o Whether or not in behalf of one client, it is the lawyers duty to fight for an issue/claim, but it is his duty to oppose it for another client. o In other words, if he argues for one client, this argument will be opposed by him when he argues for the other. - CASE AT BAR: A lawyer for a corporation cannot represent members of the same corporations board of directors in a derivative suit brought against them. Northwestern University v. Arquillo 465 SCRA 523 (2005) - Proscription on representing conflicting interests is corollary to the duty of the lawyers to observe candor, fairness, and loyalty in all dealings and transactions with their clients. - A lawyers representation of both sides of an issue is highly improper. Quiambao v. Bamba 468 SCRA 1 (2005) - It behoves lawyers not only to keep inviolate the clients confidence but also avoid appearance of treachery & double-dealing for only in them can litigants be encouraged to entrust their secrets to their lawyers in the course of a lawyer-client relationship. o The lawyer learns all the facts connected with the clients case, including the weak & strong points thereof. - Conflict of interest arises in a situation where opposing clients are present clients in the SAME ACTION or in an UNRELATED ACTION.

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JUSTICE HOFILENA

Representation of opposing clients in two cases, though unrelated, constitutes conflict of interests or at least invites a suspicion of double-dealing. o Good faith is immaterial. Lawyers are not obliged to act as such to every person who wishes to become their client they have the right to decline. The important criterion is PROBABILITY, not certainty of conflict.

Heirs of Falame v. Baguio 548 SCRA 1 (2008) - Prescriptive period for filing administrative complaints against lawyers should be struck down as void. o No prescription on disbarment. - A lawyer may not act as counsel for a person whose interests conflict with that of a FORMER or PRESENT client. o Grounded on the fiduciary obligation of loyalty. - Termination of the relationship provides no justification for a lawyer to represent an interest adverse to or in conflict with that of a former client. Pacana, Jr. v. Pascual-Lopez 594 SCRA 1 (2009) - Prohibition against conflict of interest is founded on principles of public policy, good taste, and necessity. - Absence of a written contract does not preclude the finding that there was a professional relationship between the parties. o Documentary formalism is not an essential element since it can be implied. - Disciplinary proceedings against any lawyer may be initiated and prosecuted by the IBP motu propio or upon referral by the Court or by the Board of Officers of an IBP Chapter even if no private individual files any administrative complaint. - An Administrative case may not be dismissed or rendered moot by voluntarily terminating membership in the Bar. o Such lawyer must first prove that the voluntary withdrawal f membership is not a ploy to further prejudice the public or evade liability. Aninon v. Sabitsana 669 SCRA 76 (2012) - TESTS OF CONFLICT OF INTEREST o Whether acceptance of a NEW RELATION would prevent the full discharge of the lawyers duty of undivided loyalty or invite suspicion of unfaithfulness or double-dealing in the performance of that duty; o Whether the lawyer called upon in a NEW RELATION would use against a FORMER CLIENT any confidential information obtained through their previous employment. o Whether a lawyer is duty-bound to fight for an issue in a clients behalf and, at the same time, oppose it for another client. COMPENSATION OF ATTORNEY MEASURE OF COMPENSATION Pineda v. De Jesus 499 SCRA 608 (2006) - A lawyer may enforce his right to his fees by filing the necessary petition as an incident of the main action in which his services were rendered or in an independent suit against client. - QUANTUM MERUIT: as much as the lawyer deserves - The recovery of attorneys fees on the basis of quantum meruit is permitted where there is no express agreement for the payment of attorneys fees. o It is a legal mechanism which prevents an unscrupulous client from running away with the fruits of the legal services of counsel without paying for it. o Avoids unjust enrichment on the part of the lawyer himself. - Suits to collect fees should be avoided and should be filed only when circumstances force lawyers to resort to it. - CASE AT BAR: Demanding P50 million on top of the generous sums and perks already given to them was an act of unconscionable greed which is shocking to this Court. - Lawyers could not charge their clients a fee based on percentage absent an express agreement to that effect. Roxas v. de Zuzuarregi, Jr. 481 SCRA 259 (2006) - Contingent fees are not per se prohibited by law they are sanctioned by Canon 13 of the Canons of Professional Ethics In cases where contingent fees are sanctioned by law, the same should be reasonable under the circumstances of the case and should always be subject to the supervision of a court. - CASE AT BAR: Considering that there was no full-blown hearing in the expropriation case, ending as it did in a Compromise Agreement, the 44% of the just compensation as fee is undeniably unconscionable and excessive under the circumstances. o Reduction thereof is in order.

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Law Firm of Tungol & Tibayan v. CA & Sps. Ingco 557 SCRA 451 (2008) - Courts can fix reasonable compensation which lawyers should receive for their professional services. o Nothing precludes the appellate courts from reducing the award when it is deemed unconscionable or excessive. Sesbreno v. CA 245 SCRA 30 (1995) - What a lawyer may charge and receive as attorneys fees is always subject to judicial control. o A lawyer is primarily an officer of the court charged with the duty of assisting the court in administering impartial justice between the parties. o When he takes his oath, he submits himself to the authority of the court and subjects his professional fees to judicial control. Thus, there is no unjust taking without compensation. - A stipulation on a lawyers compensation in a written contract for professional services ordinarily controls the amount of fees that the contracting lawyer may be allowed unless the amount is found to be unreasonable or unconscionable. - A contingent fee arrangement is valid in this jurisdiction and is generally recognized as valid and binding but must be laid down in an express contract. - The amount of contingent fees agreed upon by the parties is subject to the stipulation that counsel will be paid for his legal services only if the suit or litigation prospers. - A much higher compensation is allowed as contingent fees in consideration of the risk that the lawyer may get nothing if the suit fails. - Contingent fee contracts are under the supervision and close scrutiny of the court in order that clients may be protected from unjust charges. o Validity depends in large measure on the reasonableness of the stipulated fees under the circumstances of each case. o Where the stipulated amount is excessive or the contract is unreasonable or unconscionable or found to be marred by fraud, mistake, undue influence or suppression of facts on the part of the attorney, contract may be disregarded. o It must not amount to an unreasonable exaction. - TEST OF REASONABLENESS: Stipulated attorneys fees are unconscionable whenever the amount is by far so disproportionate compared to the value of the services rendered as to amount to fraud perpetrated upon the client. o Despite having found the fee to be unreasonable, recovery is not precluded. It merely justifies the court to fix a reasonable amount for the lawyers services. Bautista v. Gonzales 182 SCRA 151 (1990) - Purchase by a lawyer of his clients property or interest in litigation is a breach of professional ethics and constitutes malpractice. - CHAPMERTOUS AGREEMENTS: agreement where a lawyer agrees to carry out the action at his own expense in consideration of some bargain to have part of the thing in dispute. o Against public policy. o A lawyer may in good faith, advance the expenses of litigation, the same should be subject to reimbursement. Without reimbursement, the agreement will be taken to be champertous. [Violates fiduciary relationship] ------------------------------------------------------- End of Midterms -------------------------------------------------------SUSPENSION AND DISBARMENT In Re Atty. Maquera 435 SCRA 417 (2004) - The disbarment or suspension of a member of the Philippine Bar by a competent court or other disciplinatory agency in a foreign jurisdiction where he has also been admitted as an attorney is ground for his disbarment or suspension if the basis of such action includes any of the grounds for disbarment. (See Rivera v. Corral at page 6) o The judgment, resolution or order of the foreign court or disciplinary agency shall be prima facie evidence of the ground for disbarment or suspension. - CASE AT BAR: The Superior Court of Guam found that Maquera acquired his clients property by exercising the right of redemption previously assigned to him by the client in payment of his legal services. o Such transaction falls squarely under Art. 1492 in relation to Art. 1491, 5 of the Civil Code which prohibits the lawyers acquisition by assignment of the clients property which is the subject of the litigation handled by the lawyer. - CASE AT BAR: Maqueras acts in Guam which resulted in his two (2) -year suspension from the practice of law in that jurisdiction are also valid grounds for his suspension from the practice of law in the Philippines. o Good moral character is not only a condition precedent to admission to the Philippine Bar but is also a continuing requirement to maintain ones goods standing in the legal profession.

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CASE AT BAR: Guam Superior Courts judgment ordering Maqueras suspension from the practice of law in Guam does not automatically result in his suspension or disbarment in the Philippines. It only constitutes prima facie evidence of his unethical acts as a lawyer.

Velez v. De Vera 496 SCRA 345 (2006) - CASE AT BAR: considering that there is technically no foreign judgment to speak of, the recommendation by the hearing officer of the State Bar of California does not constitute prima facie evidence of unethical behavior by Atty. de Vera. o Complainant must prove by substantial evidence the facts upon which the recommendation by the hearing officer was based. If he is successful in this, he must then prove that these acts are likewise unethical under Philippine law. The statutory enumeration of the grounds for disbarment or suspension is not to be taken as a limitation on the general power of courts to suspend or disbar a lawyer. o The inherent power of the court over its officers cannot be restricted. - MALPRACTICE ordinarily refers to any malfeasance or dereliction of duty committed by a lawyer. - UNPROFESSIONAL CONDUCT in an attorney is that which violates the rules on ethical code of his profession or which is unbecoming a member of that profession. (ex. Unauthorized use of clients funds) - Transferring IBP membership to a chapter where the lawyer is not a resident is not a ground for his suspension or disbarment. - CASE AT BAR: It cannot be said that the position of EVP of the IBP is property within the constitutional sense especially since there is no right to security of tenure over said position. OTHER GROUNDS FOR DISCIPLINE Soriano v. Dizon 480 SCRA 1 (2006) Conviction for a crime involving moral turpitude is a ground for disbarment or suspension. o By such conviction, a lawyer is deemed to have become unfit to uphold the administration of justice and to be no longer possessed of good moral character. o Relates not to the exercise of the profession of lawyers but certainly to their good moral character. - Good moral character includes at least common honesty. - No moral qualification for bar membership is more important than truthfulness. - MORAL TURPITUDE: everything which is done contrary to justice, modesty, or good morals; an act of baseness, vileness or depravity in the private and social duties which a man owes his fellowmen, or to society in general, contrary to justice, honesty, modesty, or good morals. Stemmerik v. Mas 589 SCRA 114 (2009) - CASE AT BAR: Respondent did not file any position paper or answer, nor did he appear during the scheduled mandatory conference. He in fact abandoned his last known address, his law office in Olangapo after he committed embezzlement. o Respondent should not be allowed to benefit from his disappearing act. o He can neither defeat this Courts jurisdiction over him as a member of the bar nor evade administrative liability by the mere ruse of concealing his whereabouts. - Lawyers must update their records with the IBP by informing the IBP National Office or their respective chapters of any change in office or residential address and other contact details. Cordon v. Balicanta 390 SCRA 299 (2002) - Good moral character is more than just the absence of bad character. Such character expresses itself in the will to do the unpleasant thing if it is right and the resolve not to do the pleasant thing if it is wrong. Advincula v. Macabata 517 SCRA 600 (2007) - Perhaps morality in our liberal society today is a far cry from what it used to be. This permissiveness notwithstanding, lawyers, as keepers of public faith, are burdened with a high degree of social responsibility and, hence, must handle their personal affairs with greater caution. - It is the bounden duty of lawyers to adhere unwaveringly to the highest standards of morality. The legal profession exacts from its members nothing less. - The requirement of GOOD MORAL CHARACTER HAS FOUR OSTENSIBLE PURPOSES, namely: (1) to protect the public; (2) to protect the public image of lawyers; (3) to protect prospective clients; and (4) to protect errant lawyers from themselves. - The rule implies that what appears to be unconventional behavior to the straight-laced may not be the immoral conduct that warrants disbarment. - IMMORAL CONDUCT, as such conduct which is so willful, flagrant, or shameless as to show indifference to the opinion of good and respectable members of the community. o For such conduct to warrant disciplinary action, the same must not simply be immoral, but grossly immoral.

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CASE AT BAR: Guided by the definitions above, we perceived acts of kissing or besobeso on the cheeks as mere gestures of friendship and camaraderie, forms of greetings, casual and customary. The acts of respondent, though, in turning the head of complainant towards him and kissing her on the lips are distasteful. However, such act, even if considered offensive and undesirable, cannot be considered grossly immoral.

Hernandez v. Go 450 SCRA 1 (2005) - CASE AT BAR: His acts of acquiring for himself complainants lots entrusted to him are, by any standard, acts constituting gross misconduct, a grievous wrong, a forbidden act, a dereliction in duty, wilful in character, and implies a wrongful intent and not mere error in judgment. - A lawyer who takes advantage of his clients financial plight to acquire the latters properties for his own benefit is destructive of the confidence of the public in the fidelity, honesty, and integrity of the legal profession. Belleza v. Macasa 593 SCRA 549 (2009) - CASE AT BAR: Respondents unjustified disregard of the lawful orders of the Commission on Bar Discipline was not only irresponsible but also constituted utter disrespect for the judiciary and his fellow lawyers. - The constitutional RIGHT TO COUNSEL of an accused can only be meaningful if the accused is accorded ample legal assistance by his lawyer. - CASE AT BAR: Indeed, on account of respondents continued inaction, complainant was compelled to seek the services of the Public Attorneys Office. Respondents lackadaisical attitude towards the case of complainants son was reprehensible. Not only did it prejudice complainants son, it also deprived him of his constitutional right to counsel. o In failing to use the amount entrusted to him for posting a bond to secure the provisional liberty of his client, respondent unduly impeded the latters constitutional right to bail. Angalan v. Delante NEW CODE OF CONDUCT FOR THE PHILIPPINE JUDICIARY CANON 1 Libarios v. Dabalos 199 SCRA 48 (1991) - In the absence of fraud, dishonesty or corruption, the acts of a judge done in his judicial capacity are not subject to disciplinary action, even though such acts may be erroneous. - A judge owes it to the public and the administration of justice to know the law he is supposed to apply to a given controversy. o He is called upon to exhibit more than just a cursory acquaintance with the statutes and procedural rules. o There will be faith in the administration of justice only if there be a belief on the part of litigants that the occupants of the bench cannot justly be accused of a deficiency in their grasp of legal principles. - In cases where a person is accused of a capital offense, the trial court must conduct a hearing in a summary proceeding, to allow the prosecution an opportunity to present, within a reasonable time, all evidence it may desire to produce to prove that the evidence of guilt against the accused is strong, before resolving the issue of bail for the temporary release of the accused. - CASE AT BAR: Respondent judges disregard of an established rule of law by depriving the prosecution of the opportunity to prove that the evidence of guilt against the accused was strong, amounted to gross ignorance of the law, which is subject to disciplinary action. Sabitsana v. Villamor 202 SCRA 435 (1991) - CASE AT BAR: member of the bench can not pay mere lip service to the 90-day requirement, but should, in fact, persevere in its implementation. o The Certificate of Service is not merely a means to one's paycheck, but an instrument by which the Courts Can fulfil the Constitutional mandate of the people's right to a speedy disposition of cases. - A judge is expected to ensure that the records of the cases assigned to his sala are intact. There is no justification for missing records save fortuitous events. - CASE AT BAR: The loss of not one but eight records is indicative of gross misconduct and inexcusable negligence unbecoming of a judge. - Interference by members of the bench in pending suits with the end in view of influencing the course or the result of litigation does not only subvert the independence of the judiciary but also undermines the people's faith in its integrity and impartiality. Tan v. Rosete 437 SCRA 581 (2004) When the judge himself becomes the transgressor of any law which he is sworn to apply, he places his office in disrepute, encourages disrespect for the law and impairs public confidence in the integrity and impartiality of the judiciary itself.

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A judges personal behavior both in the performance of his duties and his daily life, be free from any appearance of impropriety as to be beyond reproach. CASE AT BAR: Respondents act of sending a member of his staff to talk with complainant and show copies of his draft decisions, and his act of meeting with litigants outside the office premises beyond office hours violate the standard of judicial conduct required to be observed by members of the Bench. o They constitute gross misconduct which is punishable under Rule 140 of the Revised Rules of Court.

NEW CODE OF CONDUCT FOR THE PHILIPPINE JUDICIARY CANON 2 Fernandez v Hamoy 436 SCRA 186 (2004) - Judges are charged with the administrative responsibility of organizing and supervising his court personnel to secure the prompt and efficient dispatch of business, requiring at all times the observance of high standards of public service and fidelity. o He is ultimately responsible for ensuring that court personnel perform their tasks and that the parties are promptly notified of his orders and decisions. o It is his duty to devise an efficient recording and filing system in his court to enable him to monitor the flow of cases and to manage their speedy and timely disposition. - Judges have a duty to decide their cases within the reglementary period. On meritorious grounds, they may ask for additional time. - CASE AT BAR: A close scrutiny of the records does not disclose any attempt by respondent Judge to request for a reasonable extension of time to dispose of the aforementioned cases. o Not only did he consign the cases in limbo for an unreasonable period of 13 years, worse, he brought the records of the unresolved cases to his new station without clearance from the OCA. o A judge should, at all times, remain in full control of the proceedings in his sala and, more importantly, should follow the time limit set for deciding cases. - Members of the judiciary have the sworn duty to administer justice without undue delay. - The office of a judge exists for one solemn end to promote the ends of justice by administering it speedily and impartially. o The judge as the person presiding over that court is the visible representation of the law and justice. - A judge who fails to decide cases within the prescribed period but collects his salary upon a false certificate is guilty of dishonesty amounting to gross misconduct and deserves the condemnation of all right thinking men. o CASE AT BAR: Despite the pendency of the cases subject hereof, he was able to collect his salaries upon his certification that he has no pending cases to resolve. In re: Judge Marcos 360 SCRA 539 (2001) - CASE AT BAR: Islacom would not have sent Judge Marcos a Statement of Account if he did not apply for a phone line nor sent it to an address he did not furnish them. - CASE AT BAR: judge has no right to flaunt another woman as if she were his wife such conduct is certainly unbecoming of a judge whose conduct must at all times be beyond reproach. - Keeping a mistress is certainly not an act one would expect of a judge who is expected to possess the highest standard of morality and decency. - A magistrate of the law must comport himself at all times in such a manner that his conduct, official or otherwise, can bear the most searching scrutiny of the public that looks up to him as the epitome of integrity and justice. Lachica v. Flordeliza 254 SCRA 278 (1996) - Substantial evidence is the quantum of proof required in administrative cases. - CASE AT BAR: Further, his inebriated demeanor and incoherent behavior during the festivities, as attested to by a witness, is reprehensible in a judge and should be subjected to disciplinary action. NEW CODE OF CONDUCT FOR THE PHILIPPINE JUDICIARY CANON 3 Pimentel v. Salanga 21 SCRA 160 (1987) When a judge does not inhibit himself, and he is not legally disqualified by the first paragraph of 1, Rule 137, he has to continue with the case. o CASE AT BAR: Judge is not disqualified under the said first paragraph. Hence, he cannot be prevented from sitting, trying and rendering judgment in the cases in which petitioner, who is r espondent judges adversary in an administrative case lodged against him by said petitioner, is counsel of record. A JUDGES BIAS not to be presumed. o The Court may not assume what respondent judge, not otherwise disqualified, will do in a case before him. To disqualify or not to disqualify himself, then, is a matter of conscience.

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Where a judge is not legally disqualified from sitting in a litigation, but suggestion is made of record that he might be induced to act in favor of one party or with bias or prejudice against a litigant, he should conduct a careful self-examination. o He should exercise his discretion in a way that the peoples faith in the courts of justice is not impaired.

Oktubre v. Velasco 434 SCRA 636 (2004) - CASE AT BAR: As judge has no business using his salas letterhead for private matters he should know that a courts letterhead should be used only for official correspondence and this is aggravated, when in his letters to the tenants, he further required them to pay their rent at his court even as he was himself staying in the same building as the tenants. o Judge in the words of Rule 2.03, clearly intended to use the prestige of his judicial office to advance the interest of his maternal co-heirs. - A courts letterhead should be used only for official correspondence. - CASE AT BAR: Although he is the complainant in the 3 criminal complaints, Judge did not disqualify himself from the cases. Worse, he even issued a warrant of arrest, resulting in the arrest and detention of complainant. o Judges subsequent inhibition from the three cases does not detract from his culpability for he should not have taken cognizance of the cases in the first place. Sandoval v. CA 260 SCRA 283 (1996) - An appellate court justice is not legally bound to inhibit himself from deciding a case where, as a trial court judge, he presided partly over the case below, heard part of plaintiffs evidence and ruled on motions, but did not himself render the decision therein. o CASE AT BAR: Judge cannot be said to have been placed in a position where he had to review his own decision as judge in the trial court. Accordingly, he was not legally bound to inhibit himself from the case. - CASE AT BAR: Nevertheless, Justice Victor should have been more prudent and circumspect and declined to take on the case, owing to his earlier involvement in the case. o A judge should not handle a case in which he might be perceived, rightly or wrongly, to be susceptible to bias and partiality, which axiom is intended to preserve and promote public confidence in the integrity and respect for the judiciary. o While he is not legally required to decline from taking part in the case, it is our considered view that his active participation in the case below constitutes a just or valid reason, under 1 of Rule 137 for him to voluntarily inhibit himself from the case. NEW CODE OF CONDUCT FOR THE PHILIPPINE JUDICIARY CANON 4 King & Sons v. Hontanosas 438 SCRA 525 (2004) - GENERAL RULE: The investigating justices findings of facts and assessment of the credibility of witnesses are accorded finality. - EXCEPTION: Alam mo yan. O BIG MASTER - CASE AT BAR: Being a trial judge, respondent is not expected to be careless enough to document his extortion activities on paper. - Judges cannot be held to account or answer criminally, civilly or administratively for an erroneous judgment or decision rendered by him in good faith, or in the absence of fraud, dishonesty or corruption. o However, when the law violated is elementary, a judge is subject to disciplinary action. - CASE AT BAR: Thus, we find respondent guilty of gross ignorance of the law for violating the three-day notice rule and failing to give herein complainant due notice and the opportunity to be heard. CASE AT BAR: He appeared only too ready and willing to enjoy the facilities of complainants karaoke for free. o By entertaining a litigant in his home and receiving benefits given by said litigant, respondent miserably failed to live up to the standards of judicial conduct. Dionisio v. Escano 302 SCRA 411 (1999) - One who occupies an exalted position in the administration of justice must pay a high price for the honor bestowed upon him, for his private as well as his official conduct must at all times be free from the appearance of impropriety. - CASE AT BAR: Judge Escano has behaved in a manner unbecoming of his judicial robe, betrayed the peoples high expectations, and diminished the esteem in which they hold the judiciary in general. o It is of no import that respondent Judges act of using the courts facilities be motivated by a good cause, no matter how honorable. o The moment such act deviates from purposes not directly related to the functioning and operation for which the courts of justice has been established, it must be immediately rectified. Judges are enjoined to avoid not just impropriety in their conduct but even the mere appearance of impropriety.

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Posting advertisements for the restaurant personnel on the court bulletin board, using his court address to receive the applications, and of screening applicants in his court constitute involvement in private business and improper use of office facilities for the promotion of the family business in violation of the Judicial Ethics.

Javier v De Guzman 192 SCRA 434 (1990) - CASE AT BAR: Judge took advantage of his position as RTC of Makati by filing the collection case against complainants in said court. o Instead of filing the suit in Quezon City where the Javiers reside or in Manila where respondent resides, respondent taking advantage of what he calls the waiver of venue stipulation. NEW CODE OF CONDUCT FOR THE PHILIPPINE JUDICIARY CANON 5 & 6 Republic of the Philippines v. Judge Ramon Caguioa 591 SCRA 51 (2009) As a matter of policy, the acts of a judge in his judicial capacity are not subject to disciplinary action. In the absence of fraud, malice or dishonesty in rendering the assailed decision or order, the remedy of the aggrieved party is to elevate the assailed decision or order to the higher court for review and correction. o However, an inquiry into a judges civil, criminal and/or administrative liability may be made after the available remedies have been exhausted and decided with finality. - For grave misconduct to exist, the judicial act complained of should be corrupt or inspired by the intention to violate the law, or a persistent disregard of well-known rules. Dee C. Chuan & Sons v. Judge William Simon Peralta 585 SCRA 93 (2009) The Constitution mandates that all cases or matters filed before all lower courts shall be decided or resolved within 90 days from the time the case is submitted for decision. o Failure to comply within the mandated period constitutes a serious violation of the constitutional right of the parties to a speedy disposition of their cases. - Court has always considered a judges failure to resolve motions and incidents within the

prescribed period of three months as gross inefficiency.

Nilda Verginesa v. Judge Renato Dilag 580 SCRA 490 (2009) - CASE AT BAR: Judge Dilag is found guilty of serious charges falling under 8 of Rule 140 of the Rules of Court, namely: gross misconduct constituting violations of the Code, gross ignorance of the law or procedure, gross negligence or inefficiency.

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