LEGAL & JUDICIAL ETHICS REVIEWER HISTORY OF THE LEGAL PROFESSION, SUPERVISION AND CONTROL Supervision and Control.

Regulated by the Supreme Court and NOT the PRC. The power of admission to the practice of law is vested by the Constitution in the Supreme Court. Art. VIII Se!. "#"$ %&il. Constitution The SC shall have the following powers: (5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice and procedure in all courts, the admission to the practice of law, the ntegrated !ar, and legal assistance to the underprivileged. Art. 'II Se!. () %&il. Constitution The pra ti e of all professions in the Phils. shall be limited to !ilipino iti"ens# save in ases pres ribed by law. The power to integrate the Philippine bar is given to the SC by the Constitution. (In the Matter of the IBP ( !"#$$ R$ %&'# or the (ar !lun)ers $ t of *%+,# was de lared partially un onstitutional as it en roa hed upon the powers granted by the Constitution to the SC in determining the admission of bar e-aminees to the bar by usurping su h power through a legislative a t . (In Re% C&nanan ( !'($$

The onstitutional power to admit andidates to the legal profession is a .udi ial fun tion and involves e-er ise of dis retion (In re% A)*a+en # SCRA ',-$. T&e po*er o+ t&e Supre,e Court to re-ulate t&e pra!ti!e o+ la* in!ludes. *. authority to define the term '. pres ribe the /ualifi ations of a andidate to and the sub.e ts of the bar e-aminations ,. de ide who will be admitted to pra ti e 0. dis ipline# suspend or disbar any unfit and unworthy member of the bar +. reinstate any disbarred or indefinitely suspended attorney 1. ordain the integration of the Philippine (ar &. punish for ontempt any person for unauthori"ed pra ti e of law and 2. in general# e-er ise overall supervision of the legal profession. In re C&nanan, !( Ph/). '(# The 3egislature# in the e-er ise of its poli e power# may however# ena t laws regulating the pra ti e of law to prote t the publi and promote the publi welfare . /ut the legislature may not pass a law that will ontrol the Supreme Court in the performan e of its fun tion to de ide who may en.oy the privilege of pra ti ing law# and any law of that )ind is un onstitutional as an invalid e-er ise. $ny legislative or e-e utive .udgment substituting that of the Supreme Court in matters on erning the admission to the pra ti e of law or the suspension# disbarment or reinstatement of an attorney infringes upon and onstitutes an invalid e-er ise of the legislative or e-e utive power. The legislature may pass a law pres ribing additional /ualifi ations for andidates for admission to pra ti e or filling up defi ien ies in the re/uirements for admission to the bar. Su h a law may not# however# be given retroa tive effe t so as to entitle a person# not otherwise /ualified# to be admitted to the bar# nor will su h a law pre lude the Supreme Court from fi-ing other /ualifi ations or re/uirements for the pra ti e of law. The Supreme Court a ts through a (ar 4-amination Committee to the 4-er ise of his .udi ial fun tion to admit andidates to the legal profession. T&e /ar E0a,ination Co,,ittee. Composed of one 5*6 member of the Supreme Court who a ts as Chairman and eight 526 members of the bar.

2
The 2 members who a t as e-aminers for the 2 bar sub.e ts with one sub.e t assigned to ea h. The (ar Confidant a ts as a sort of liaison offi er between the ourt and the (ar Chairman on the other hand# and the individual members of the ommittee on the other. 7e is at the same time a deputy ler) of ourt. $dmission of e-aminees is always sub.e t to the final approval of the ourt.

%RELI1I2ARIES LEGAL ETHICS 3 8t is a bran h of moral s ien e whi h treats of the duties whi h an attorney owes to the ourt# to his lient# to his olleagues in the profession and to the publi as embodied in the Constitution# Rules of Court# the Code of Professional Responsibilities# Canons of Professional 4thi s# .urispruden e# moral laws and spe ial laws. 4ri-inal /ases o+ Le-al Et&i!s *. '. ,. 0. +. Canons of Professional 4thi s Supreme Court 9e isions Statisti s Constitution Treaties and Publi ations

%resent /asis o+ %&ilippine Le-al Et&i!s 3 The Code of Professional "esponsibility. 8t is the embodiment into the ode of the various pertinent and subsisting rules# guidelines and standards on the rule of ondu t of lawyers whi h must be observed by all members of the (ar in the e-er ise of his profession whether in or out of Court as well as in their publi and private lives. Ad,ission to t&e %ra!ti!e o+ La* In re E0/))/on 1( SCRA ',1 The pra ti e of law is not a property right but a mere privilege and as su h must bow to the inherent regulatory power of the Court to e-a t omplian e with the lawyer:s publi responsibilities. Re5uire,ents (ar a. b. . d. +or all appli!ants +or ad,ission to t&e /ar. 7e must have been admitted to the !urnishing satisfying proof of edu ational# moral and other /ualifi ations Passing the bar Ta)ing the 3awyer:s Oath before the SC Signing the $ttorney:s Roll and re eiving from the Cler) of Court of the SC a Certifi ate of the li ense to pra ti e

$. 6UR2ISHI2G SATIS67I2G %R446 46 EDUCATI42AL 14RAL A2D 4THER 8UALI6ICATI42S (Secs. # $ %, "ule #&', "evised "ules of Court) *. iti"en of the Philippines; The pra ti e of all professions in the Philippines shall be limited to !ilipino iti"ens# save in ases pres ribed by law. (Art. 2II, Se+. (, Ph/). Con3t/t&t/on$ 4very appli ant for admission as a member of the bar must be a Philippines9(R&)e #1, 3e+. -$ iti"en of the

$ !ilipino iti"en admitted to the Phil (ar must maintain su h iti"enship to remain /ualified for the pra ti e of law in this ountry (In Re Arth&r Ca3t/))o Re4e3, ( !!#$$

In Re Art&ur Castillo Re:es #(;;<$ 6a!ts. Petitioner graduated from <P College of 3aw in *%,%; passed the bar in *%,%; indu ted to and served in the <S $rmed !or es in the !ar 4ast during ==88 and thus be ame eligible for iti"enship under the *%%> <S 8mmigration $ t; be ame a naturali"ed iti"en of the <S in *%%,. 7is name was stru ) from the Roll of $ttorneys. Only !ilipino iti"ens may pra ti e law in the Philippines. This re/uirement is pres ribed by the Constitution# ?88 *0# and the ROC# ' Rule *,2. /ar 1atter 2o. ;(). 4!to=er ( (;;; Re. Appli!ation +or Ad,ission to t&e %&ilippine /ar Vi!ente C&in- /.1 2o. ;() 4!to=er ( (;;;.

6a!ts. @i ente Ching is born from a !ilipino mother and a father of Chinese national on $pril **# *%10. 7e too) the bar e-am sub.e t upon submission of proof of his Phil. Citi"enship. 7e passed the bar at the age of ,+ years old. There was a /uestion regarding his iti"enship therefore he was not allowed to ta)e oath. The Soli itor Aeneral was as)ed to give omment on the ase at bar. ISSUE. =ON Ching an be admitted to ta)e oath in onsideration of the status of his iti"enship. RULI2G. The ourt ruled that Ching# being the Blegitimate hild of a Chinese father and a !ilipino mother born under the *%,+ Constitution was a Chinese iti"en and ontinued to be so# unless upon rea hing the age of ma.ority he ele ted Philippine iti"enshipB in stri t omplian e with the provisions of Commonwealth $ t No. 1'+ entitled B$n $ t Providing for the Canner in whi h the Option to 4le t Philippine Citi"enship shall be 9e lared by a Person =hose Cother is a !ilipino Citi"en.B 7e should ele t his Phil. Citi"enship within a reasonable period of time upon rea hing the age of ma.ority whi h is '* years old at that time. =ith almost *0 years that elapsed upon rea hing his age of ma.ority# Ching failed to e-er ise su h right of iti"enship ele tion beyond a reasonable period of time therefore he annot be admitted in the Phil. Rolls of atty. for being a Chinese iti"en. '. be a resident of the Philippines; ,. at least '* years of age; 0. of good moral hara ter; 5No definition and riteria in law for Dgood moral (A56a)o$.

hara terE

Aood moral hara ter is a ontinuing /ualifi ation re/uired of every member of the (ar# it is not only a /ualifi ation pre edent to the pra ti e of law. 5Narag# '%* SCR$ 0+*# Fune '%# *%%26. $ ontinuing re/uirement; good moral hara ter is not only a ondition pre edent for admission to the legal profession# but it must also remain inta t in order to maintain oneGs good standing in that e- lusive and honored fraternity. 5 Tapucar vs. Tapucar, #((') )ustice *eli+ *ran,furter- moral hara ter H/ualities of truthIspea)ing# a high sense of honor# full andor# intelle tual honesty# and the stri test observan e of fidu iary responsibility. Aood moral hara ter is the absen e of a proven ondu t or a t whi h has been histori ally and traditionally onsidered as a manifestation of moral turpitude. The a t or ondu t showing moral turpitude need not amount to a rime; and even if it does onstitute an offense# a onvi tion upon a riminal harge is not ne essary to demonstrate bad moral hara ter although it may show moral depravity. Juestion of moral turpitude is for SC to de ide. =hi h is why appli ants are re/uired to dis lose any rime whi h they have been harged. Con ealment or withholding from the ourt information about harges and indi tments is a ground for dis/ualifi ation of appli ant or for revo ation of li ense. 4ven if the rime on ealed does not involve moral turpitude# the a t of on ealment ma)es himKher unfit to be a lawyer. (A56a)o$ $ppli ant assumes burden of proof to establish /ualifi ations in as)ing admission. (ut after having presented prima facie eviden e# burden to over ome the prima facie showing shifts to those ob.e ting hisKher admission. (A56a)o$ $n appli ant must show that no harges against him involving moral turpitude# have been filed or pending in ourt in the Philippines. The on ealment or withholding from the ourt of the fa t that an appli ant has been harged with or indi ted for an alleged rime is a ground for dis/ualifi ation (A56a)o$

/ar 1atter 2o. >(?. 1ar!& (; (;;> In Re. Ar-osino /.1. 2o. >(? Jul: (< (;;" 6ACTS. This is a matter for admission to the bar and oath ta)ing of a su essful bar appli ant. $rgosino was previously involved with ha"ing that aused the death of Raul Camaligan but was senten ed with homi ide through re )less impruden e after he pleaded guilty. 7e was senten ed with ' years imprisonment where he applied for a

4
probation thereafter whi h was granted by the ourt with a 'Iyear probation. 7e too) the bar e-am and passed but was not allowed to ta)e oath. 7e filed a petition to allow him to ta)e the attorney:s oath of offi e averring that his probation was already terminated. The ourt note that he spent only *> months of the probation period before it was terminated. ISSUE. =ON $rgosino may ta)e oath of offi e. RULI2G. The ourt upheld the prin iple of maintaining the good morals of all (ar members# )eeping in mind that su h is of greater importan e so far as the general publi and the proper administration of .usti e are on erned# than the possession of legal learning. 7en e he was as)ed by the ourt to produ e eviden e that would ertify that he has reformed and have be ome a responsible member of the ommunity through sworn statements of individuals who have a good reputation for truth and who have a tually )nown Cr. $rgosino for a signifi ant period of time to ertify he is morally fit to the admission of the law profession. The ourt also ordered that said a opy of the pro eeding be furnished to the familyKrelatives of Raul Camaligan. +. 3egal edu ation; A!ade,i! Re5uire,ents +or Candidates. a. Pre$.aw.LNo appli ant for admission to the bar e-amination shall be admitted unless he present a ertifi ate that he has satisfied the Se . of 4du ation that# he began the study of law# he had pursued and satisfa torily omplete in an authori"ed and re ogni"ed university or ollege# re/uiring for admission thereto the ompletion of a fourIyear high s hool ourse# the ourse of study pres ribed therein for a ba helor:s degree in arts or s ien es with any of the following sub.e ts as ma.or or field of on entration: politi al s ien e# logi # 4nglish# Spanish# 7istory and 4 onomi s. (R&)e #1, 3e+. ,.$a ba helor:s degree in arts or s ien es. $ ollege degree must first be obtained before studying law. Otherwise# one will not be /ualified to ta)e the bar e-aminations. #In re Te)e3foro D/ao ( !,#$$ b. .aw Proper. $ffidavit of andidate and ertifi ate from the university of s hool of law and that he has satisfa torily ompleted ourse on I ivil law I ommer ial law I remedial law I publi international law I private international law I politi al law I labor and so ial legislation I medi al .urispruden e I ta-ation I legal ethi s Araduates of foreign law s hools shall not be allowed to ta)e the bar e-aminations sin e they annot present the ertifi ations re/uired under se tions + and 1 of Rule *,2 (Re% A66)/+at/on of A0r/ano M. Hernan0e7, ( !!#$$ 1. Produ tion before the Supreme Court satisfa tory eviden e of a. good moral hara ter; and b. no harges against him# involving moral turpitude# have been filed or are pending in any ourt in the Philippines (. %ASSI2G THE /AR (Secs. (, #/, #0 1 #%, "ule #&', "evised "ules of Court). %rivile-es o+ Attorne:. The law ma)es his passing the bar e-amination e/uivalent to a first grade ivil servi e eligibility for a position in the lassified servi e in the government the duties of whi h re/uire )nowledge of law# or a se ond grade ivil servi e eligibility for any other government position whi h does not pres ribe profi ien y in law as a /ualifi ation. C. TA@I2G THE LAW7ERAS 4ATH (Sec. #2, "ule #&', "evised "ules of Court) Se!tion (>. 3 , 444444444444444444, do solemnly swear that will maintain allegiance to the "epublic of the Philippines5 will support its constitution and obey the laws as well as the legal orders of the duly constituted authorities therein5 will do no falsehood, nor consent to the doing of any in court5 will not willingly nor wittingly promote or sue any groundless, false or unlawful suit, or give aid nor consent to the same5 will delay no man for money or malice, and will conduct myself as a lawyer

5
according to the best of my ,nowledge and discretion, with all good fidelity as well to the court as to my clients5 and impose upon myself this voluntary obligations without any mental reservation or purpose of evasion. So help me 6od.7 5!orm '2# RRC6 2ature o+ a La*:erAs 4at&. The lawyer:s oath is not a mere formality re ited for a few minutes in the glare of flashing ameras and before the presen e of sele t witness. (In re% Arth&r M. C&e8a3, 9r. -1' SCRA '!, 9an&ar4 -". !!1$. The lawyer:s oath is not mere fa ile words# drift and hollow# but a sa red trust that must be upheld and )ept inviolable. (Se:a3t/an 8. Ca)/3, A0*. Ca3e No. ' 1, Se6t. !, !!!$ The lawyer:s oath is not a mere eremony or formality for pra ti ing law. 4very lawyer should at all times weigh his a tions a ording to the sworn promises he ma)es when ta)ing the lawyer:s oath. 8f all lawyers ondu ted themselves stri tly a ording to the lawyer:s oath and the Code of Professional responsibility# the administration of .usti e will undoubtedly fairer# faster and easier for everyone on erned. (In Re% Ar5o3/no, -"; SCRA -,$ (y ta)ing the lawyer:s oath# a lawyer be omes the guardian of truth and the rule of law and an indispensable instrument in the fair and impartial administration of .usti e. Aood moral hara ter in ludes at least ommon honesty. 9e eption and other fraudulent a ts are not merely una eptable pra ti es that are disgra eful and dishonorable# they reveal a basi moral flaw. (O):e3 83. De+/e*:re, ('" SCRA #( $ Duties o+ Attorne:s. a. to maintain allegian e to the Republi of the Philippines and to support the Constitution and obey the laws of the Philippines; b. observe and maintain the respe t due to the ourts of .usti e and .udi ial offi ers; . to ounsel or maintain su h a tions or pro eedings only as appear to him as .ust# and su h defenses only as he believes to be honestly debatable under the laws;

d. to employ# for the purpose of maintaining the auses onfided to him# su h means as only as are onsistent with truth and honor# and never see) to mislead the .udge as any .udi ial offi er by an artifi e or false statement of fa t or law; e. to maintain inviolate the onfiden e# and at every peril to himself# to preserve the se rets of his lient# and to a ept no ompensation in onne tion with his lient:s business e- ept from him or with his )nowledge and approval; f. to abstain from all offensive personality and to advan e no fa t pre.udi ial to the honor or reputation of a party or witness# unless re/uired by the .usti e of the ause with whi h he is harged;

g. not to en ourage either in the ommen ement or the ontinuan e of an a tion or pro eeding# or delay any man:s ause for any orrupt motive or interest; h. never to re.e t# for any defenseless or oppressed; i. onsideration personal to himself# the ause of the

in the defense of a person a used of a rime# by all fair and honorable means# regardless of his personal opinion as to the guilt of the a used# to present every defense that the law permits# to the end that no person may be deprived of life or liberty# but by due pro ess of law.

9. Si-nin- t&e Attorne:As Roll and re!eivin- +ro, t&e ClerB o+ Court o+ t&e SC a Certi+i!ate o+ t&e li!ense to pra!ti!e (Sec. #(, "ule #&', "evised "ules of Court) RE8UIRE1E2TS AS 1E1/ER 46 THE /AR. $fter his admission to the bar# a lawyer must remain in good and regular standing# whi h is a ontinuing re/uirement to the pra ti e of law. This means that he must: a. remain a member of the 8(P b. regularly pay all 8(P membership dues and other lawful assessments# as well as the annual privilege ta. faithfully observe the rules and ethi s of the legal profession and d. be ontinually sub.e t to .udi ial dis iplinary ontrol

6
%etition +or Leave to Resu,e %ra!ti!e o+ La* /enCa,in Da!ana: ")D SCRA )?) 6ACTS. Petitioner was admitted to the Philippine bar in Car h *%1>. 7e pra ti ed law until he migrated to Canada in 9e ember *%%2 to see) medi al attention for his ailments. 7e subse/uently applied for Canadian iti"enship to avail of Canada:s free medi al aid program. 7is appli ation was approved and he be ame a Canadian iti"en in Cay '>>0. 8n Fuly '>>1# pursuant to Republi $ t 5R$6 %''+ 5Citi"enship Retention and ReI$ /uisition $ t of '>>,6# petitioner rea /uired his Philippine iti"enship. On that day# he too) his oath of allegian e as a !ilipino iti"en before the Philippine Consulate Aeneral in Toronto# Canada. Thereafter# he returned to the Philippines and now intends to resume his law pra ti e. ISSUE: =ON petitioner may still resume pra ti eM RULI2G. Se tion '# Rule *,2 of the Rules of Court provides an appli ant for admission to the bar be a iti"en of the Philippines# at least twentyIone years of age# of good moral hara ter and a resident of the Philippines. 7e must also produ e before this Court satisfa tory eviden e of good moral hara ter and that no harges against him# involving moral turpitude# have been filed or are pending in any ourt in the Philippines. Sin e !ilipino iti"enship is a re/uirement for admission to the bar# loss thereof terminates membership in the Philippine bar and# onse/uently# the privilege to engage in the pra ti e of law. 8n other words# the loss of !ilipino iti"enship ipso .ure terminates the privilege to pra ti e law in the Philippines. The pra ti e of law is a privilege denied to foreigners. The e- eption is when !ilipino iti"enship is lost by reason of naturali"ation as a iti"en of another ountry but subse/uently rea /uired pursuant to R$ %''+. This is be ause Dall Philippine iti"ens who be ome iti"ens of another ountry shall be deemed not to have lost their Philippine iti"enship under the onditions of NR$ %''+O.E Therefore# a !ilipino lawyer who be omes a iti"en of another ountry is deemed never to have lost his Philippine iti"enship if he rea /uires it in a ordan e with R$ %''+. (efore he an resume his law pra ti e# he must first se ure from this Court the authority to do so# onditioned on: the updating and payment of 8(P membership dues; the payment of professional ta-; the ompletion of at least ,1 redit hours of mandatory ontinuing legal edu ation; this is spe ially signifi ant to refresh the appli antKpetitioner:s )nowledge of Philippine laws and update him of legal developments and the reta)ing of the lawyer:s oath. In Re. Al C. Ar-osino ?)E SCRA (). Jul: (< (;;" I2 1ATTER 46 THE AD1ISSI42 T4 THE /AR A2D 4ATHFTA@I2G 46 SUCCESS6UL /AR A%%LICA2T AL C. ARG4SI24 D4CTRI2ES. The pra ti e of law is a high personal privilege limited to iti"ens of good moral hara ter# with spe ial edu ation /ualifi ations# duly as ertained and ertified. Re/uirement of good moral hara ter is of greater importan e so far as the general publi and proper administration of .usti e is on erned. $ll aspe ts of moral hara ter and behavior may be in/uired into in respe t of those see)ing admission to the (ar. Re/uirement of good moral hara ter to be satisfied by those who would see) admission to the bar must be a ne essity more stringent than the norm of ondu t e-pe ted from members of the general publi . Parti ipation in the prolonged mindless physi al beatings infli ted upon Raul Camaligan onstituted evident re.e tion of that moral duty and was totally irresponsible behavior# whi h ma)es impossible a finding that the parti ipant was possessed of good moral hara ter. Aood moral hara ter is a re/uirement possession of whi h must be demonstrated at the time of the appli ation for permission to ta)e the bar e-aminations and more importantly at the time of appli ation for admission to the bar and to ta)e the attorneyGs oath of offi e. 6ACTS. On !ebruary 0# *%%' #$rgosino# together with *, others# was harged with the rime of homi ide in onne tion with the death of one Raul Camaligan. The death of Camaligan stemmed from the affli tion of severe physi al in.uries upon him in ourse of Bha"ingB

7
ondu ted as part of the university fraternity initiation rites. On !ebruary **# *%%,# the a used were onse/uently senten ed to suffer imprisonment for a period ranging from two 5'6 years# four 506 months and one 5*6 day to four 506 years. 4leven 5**6 days later# Cr. $rgosino and his olleagues filed an appli ation for probation with the lower ourt. The appli ation was granted on Fune *2 *%%,. The period of probation was set at two 5'6 years# ounted from the probationerGs initial report to the probation offi er assigned to supervise him. 3ess than a month later# $rgosino filed a petition to ta)e the bar e-am. 7e was allowed and he passed the e-am# but was not allowed to ta)e the lawyerGs oath of offi e. On $pril *+# *%%0# $rgosino filed a petition to allow him to ta)e the attorneyGs oath and be admitted to the pra ti e of law. 7e averred that his probation period had been terminated. 8t is noted that his probation period did not last for more than *> months. ISSUE. =hether $rgosino should be allowed to ta)e the oath of attorney and be admitted to the pra ti e of law HELD. Cr. $rgosino must submit to this Court eviden e that he may now be regarded as omplying with the re/uirement of good moral hara ter imposed upon those who are see)ing admission to the bar. 7e should show to the Court how he has tried to ma)e up for the senseless )illing of a helpless student to the family of the de eased student and to the ommunity at large. 8n short# he must show eviden e that he is a different person now# that he has be ome morally fit for admission to the profession of law. 7e is already dire ted to inform the Court# by appropriate written manifestation# of the names of the parents or brothers and sisters of Camaligan from noti e. 2ATURE A2D 1EA2I2G 46 LEGAL %R46ESSI42 *. CHARACTERISTICS 46 THE %RACTICE 46 LAW Con!ept o+ t&e %ra!ti!e o+ La*. Aenerally# to engage in the pra ti e is to do any of those a ts whi h are hara teristi of the legal profession (In re% Da8/0, !# Ph/). (,$. 8t overs any a tivity# in or out of ourt# whi h re/uires the appli ation of law# legal prin iples# pra ti e or pro edure and alls for legal )nowledge# training and e-perien e (PLA 83. A5ra8a, ;' Ph/). "#$. 8t is to give noti e or render any )ind of servi e# whi h devi e or servi e re/uires the use in any degree of legal )nowledge or s)ill. (Ca4etano 8. Mon3o0, -; SCRA - ; ( !! $$ '. %RACTICE 46 LAW. Rule (<G Se!tion (. <ho *a4 6ra+t/+e )a= F $ny person heretofore duly admitted as a member of the bar# or hereafter admitted as su h in a ordan e with the provisions of this rule# and who is in good and regular standing# is entitled to pra ti e law. %eople re-ard t&e pra!ti!e la* as &i-& =e!ause it e,=odies inte-rit: &onest: and dili-en!e. La* is an e0a!tin- Goddess intelle!tual and ,oral Ca:etano v. 1onsod ?D( SCRA ?(D. Septe,=er < (;;( 6ACTS. Consod was nominated by President $/uino as Chairman of the Comele . The Commission on $ppointments onfirmed the appointment despite CayetanoGs ob.e tion# based on ConsodGs alleged la ) of the re/uired /ualifi ation of *> year law pra ti e. Cayetano filed this ertiorari and prohibition. ISSUE. =ON Consod has been engaged in the pra ti e of law for *> years RULI2G. P4S. The pra ti e of law is not limited to the ondu t of ases or litigation in ourt. 8t embra es the preparation of pleadings and other papers in ident to a tions and spe ial pro eedings# the management of su h a tions and pro eedings on behalf of lients# and other wor)s where the wor) done involves the determination of the trained legal mind of the legal effe t of fa ts and onditions 5P3$ vs. $grava.6 The re ords of the *%21 onstitutional ommission show that the interpretation of the term pra ti e of law was liberal as to onsider lawyers employed in the Commission of $udit as engaged in the pra ti e of law provided that they use their legal )nowledge or talent in their respe tive wor). The ourt also ited an arti le in the Fanuary **# *%2% issue of the (usiness

8
Star# that lawyers nowadays have their own spe iali"ed fields su h as ta- lawyers# prose utors# et .# that be ause of the demands of their spe iali"ation# lawyers engage in other wor)s or fun tions to meet them. These days# for e-ample# most orporation lawyers are involved in management poli y formulation. Therefore# Consod# who passed the bar in *%1># wor)ed with the =orld (an) Aroup from *%1,I*%&># then wor)ed for an investment ban) till *%21# be ame member of the CONCOC in *%21# and also be ame a member of the 9avide Commission in *%%># an be onsidered to have been engaged in the pra ti e of law as lawyerIe onomist# lawyerImanager# lawyerIentrepreneur# et . ISSUE. =hether or not the Commission on $ppointments ommitted grave abuse of dis retion in onfirming Consod:s appointment RULI2G: NO. The power of the CO$ to give onsent to the nomination of the Comele Chairman by the president is mandated by the onstitution. The power of appointment is essentially within the dis retion of whom it is so vested sub.e t to the only ondition that the appointee should possess the /ualifi ation re/uired by law. !rom the eviden e# there is no o asion for the SC to e-er ise its orre tive power sin e there is no su h grave abuse of dis retion on the part of the C$. $dapted Peo6)e 83. V/))an&e8a, ( SCRA HHHStri tly spea)ing# the word practice of law implies the ustomary or habitual holding of oneself to the publi as a lawyer and demanding ompensation for his servi es. HHHPrivate practice in more than an isolated appearan e for it onsist of fre/uent ustomary a tions# a su ession of a ts of the same )ind. $n isolated appearance may# however# amount to pra ti e in relation to the rule prohibiting some persons from engaging in the e-er ise of the legal profession. U)e6 83. Le5a) C)/n/+ In+. --# SCRA #"1 ( !!#$ HHH8n the pra ti e of his profession# a li ensed attorneyIatIlaw generally engages in three principal types of professional activities*. legal advi e and instru tions to lients to inform them of their rights and obligations '. preparation for lients of do uments re/uiring )nowledge of legal prin iples not possessed by ordinary layman; and ,. appearan e for lients before publi tribunals whi h possess power and authority to determine rights of life# liberty and property a ording to law# in order to assist in the proper interpretation and enfor ement of law. HHHE33ent/a) +r/ter/a en&*erate0 :4 the C.A. a3 0eter*/nat/8e of en5a5/n5 /n the 6ra+t/+e of )a=% *6 7abituality '6 Compensation ,6 $ppli ation of law# legal prin iple# pra ti e# or pro edure 06 $ttorneyIClient relationship DE6I2ITI42 46 TER1S /AR Refers to the whole body of attorneys and ounselors# olle tively# the members of the legal profession vs. /E2CH 9enotes the whole body of .udges

%ra!ti!e o+ La* F The pra ti e of law is a privilege granted only to those who possess the STR8CT 8NT4334CT<$3 $N9 COR$3 J<$38!8C$T8ONS re/uired of lawyers who are instruments in the effe tive and effi ient administration of .usti e. 5 n "e- 8rgosino, #((2). $ny a tivity# in or out of ourt# whi h re/uires the appli ation of law# legal pro edure# )nowledge# training and e-perien e. To engage in the pra ti e of law is to give noti e or render any )ind of servi e# whi h devi e or servi e re/uires the use in any degree of legal )nowledge or s)ill (Ca4etano 8. Mon3o0, -; SCRA - ;$. /ar Ad,ission 3 a t by whi h one is li ensed to pra ti e before ourts of a parti ular state or .urisdi tion after satisfying ertain re/uirements su h as bar e-aminations# period of residen y or admission on grounds of re ipro ity after period of years as member of bar of another .urisdi tion 5(la ) 3aw 9i tionary Si-th 4dition# p.*0%6.

9
La*:er 3 This is the general term for a person trained in the law and authori"ed to advise or represent others in legal matters. Person learned in law. Person li ensed to pra ti e law. Trial La*:er 3 $ lawyer who personally handles ases in ourt# administrative agen ies or boards whi h means engaging in a tual trial wor) either for the prose ution or for the defense of ases of lients. %ra!tisin- La*:er 3 One engaged in the pra ti e of law. $ll trial lawyers are pra ti ing lawyers# but not all pra ti ing lawyers are trial lawyers. Client 3 One who engages the servi es of a lawyer for legal advi e or for purposes of prose uting or defending a suit in his behalf and usually for a fee. Attorne:FatFLa*ICounselorFatFla*Ila*:erIattorne:I!ounselIa=o-adoI=o!eros 3 that lass of persons who are by li ense offi ers of the ourts# empowered to appear# prose ute and defend# and upon whom pe uliar duties# responsibilities and liabilities are developed by law as a onse/uen e (C&/ 8. C&/, -; Ph/). "-!$. Attorne:FinF+a!t 3 an agent whose authority is stri tly limited by the instrument appointing him# though he may do things not mentioned in his appointment ne essary to the performan e of the duties spe ifi ally re/uired of him by the power of attorney appointing him# su h authority being ne essarily implied. 7e is not ne essary a lawyer. Counsel 0e off/+/o > a ounsel# appointed or assigned by the ourt# from among members of the (ar in good standing who# by reason of their e-perien e and ability# may ade/uately defend the a used 5indigent party6. The term onnotes little or no other hoi e. Note% 8n lo alities where members of the (ar are not available# the ourt may appoint any person# resident of the provin e and of good repute for probity and ability# to defend the a used. 9Sec. 2 "ule ##%, "ules of Court (#('5): Attorne: a0 ho+ ? a person named and appointed by the ourt to defend an absentee defendant in the suit in whi h the appointment is made 5 !ienvenu v. *actor;s Traders nsurance Corp., && .a. 8nn. </() Attorne:ICounsel o+ Re!ord 3 one who has filed a noti e of appearan e and who hen e is formally mentioned in ourt re ords as the attorney of the party. Person whom the lient has named as his agent upon whom servi e of papers may be made. ("eynolds v. "eynolds. Cal. <d5'/). 4+ Counsel 3 to distinguish them from attorneys of re ord# asso iate attorneys are referred to as Dof ounselE 55 8m. )ur. <%#) Counsel de parte Q retained by a party litigant. Term implies freedom of hoi e based on a retainership agreement. Lead Counsel 3 The ounsel on their side of a litigated a tion who is harged with the prin ipal management and dire tion of a party:s ase. House Counsel 3 3awyer who a ts as attorney for business though arried as an employee of that business and not as an independent lawyer. A,i!us !uriae 3 a friend of the ourt# not a party to the a tion; is an e-perien ed and impartial attorney invited by the ourt to appear and help in the disposition of the issues submitted to it. 8t implies friendly intervention of ounsel to all the attention of the ourt to some matters of law or fa ts whi h might otherwise es ape its noti e and in regard to whi h it might go wrong. A,i!us !uriae par e0!ellen!e 3 bar asso iations who appear in ourt as ami i uriae or friends of the ourt. $ ts merely as a onsultant to guide the ourt in a doubtful /uestion or issue pending before it. /ar Asso!iation 3 an asso iation of members of the legal profession. Advo!ate 3 The general and popular name for a lawyer who pleads on behalf of someone else. /arrister 54ngland6 3 a person entitled to pra ti e law as an advo ate or ounsel in superior ourt.

10
Soli!itor 54ngland6 Q $ person prose uting or defending suits in Courts of Chan ery. Soli!itor 5Philippines6 Q $ government lawyer atta hed with the Offi e of the Soli itor Aeneral. %ro!tor 54ngland6 3 !ormerly# an attorney in the admiralty and e lesiasti al ourts whose duties and business orrespond to those of an attorney at law or soli itor in Chan ery. T/t&)o 0e A=o-ado 3 it means not mere possession of the a ademi degree of (a helor of 3aws but membership of the (ar after due admission thereto# /ualifying one for the pra ti e of law. 2onFLa*:ers aut&oriJed to appear in !ourt. *. 8n ases before the CTC# a party may ondu t his ase or litigation in person# with the aid of an agent or friend appointed by him for that purpose (Sec. &0, "ule #&', ""C). '. (efore any other ourt# a party may ondu t his litigation personally 58bid6 ,. 8n a riminal ase before the CTC in a lo ality where a duly li ensed member of the (ar is not available# the .udge may appoint a nonIlawyer who is a. resident of the provin e# and b. of good repute for probity and ability to aid the a used in his defense ("ule ##%, Sec. 2, ""C6 0. $ senior law student# who is enrolled in a re ogni"ed law s hool:s lini al edu ation program approved by the Supreme Court may appear before any ourt without ompensation# to represent indigent lients a epted by the 3egal Clini of the law s hool. The student shall be under the dire t supervision and ontrol of an 8(P member duly a redited by the law s hool. +. <nder the 3abor Code# nonIlawyers may appear before the N3RC or any 3abor $rbiter# if 5*6 they represent themselves# or if 5'6 they represent their organi"ation or members thereof (8rt. <<<, P= 00<, as amended6. 1. <nder the Cadastral $ t# a nonIlawyer an represent a laimant before the Cadastral Court (8ct >o. <<5(, Sec. (). &. $ny person appointed to appear for the government of the Phil. in a ordan e with law (Sec. && "ule #&'). Li,itations o+ Appearan!e o+ nonFla*:ers *. 7e should onfine his wor) to nonIadversary ontentions. '. 7e should not underta)e purely legal wor)# su h as the e-amination or rossIe-amination of witnesses# or the presentation of eviden e. ,. Servi es should not be habitually rendered. 0. Should not harge or olle t attorneys fees (PAFLU 83. B/na):a5an I3a:e)a S&5ar Co. (- SCRA #;-$ 8. A. $ and ( who are law students entered their appearan es before the Cuni ipal Court as private prose utors in a riminal ase. This was disallowed by the trial .udge. 8s this orre tM NO. $ nonIlawyer may appear as a friend of the party before the Cuni ipal Courts under Se tion ,0# Rule *,2 Rules of Court; he may ma)e su h appearan es either as defense ounsel or private prose utor under the ontrol and supervision of the fis al. The permission of the fis al is not ne essary for the appearan e of a private prose utor# although if he so wishes# the fis al may disallow parti ipation in the trial by handling the ase personally. (Cat/*:&han, et a). 83. Hon. Cr&7, G.R. No. ' 1 #> (, No8.-!, !1#$

%u=li! 4++i!ials *&o !annot en-a-e in t&e private pra!ti!e o+ la* in t&e %&ilippines. *. Fudges and other offi ials as employees of the Superior Court 5 "ule #0', Sec. &5, ""C). '. Offi ials and employees of the OSA 5 bid).

11
,. Aovernment prose utors (Peo 8. V/))an&e8a, ( SCRA ;!$. I if permitted by their department head should only be in isolated ases involving relatives or lose family friends 0. President# @i eIPresident# members of the abinet# their deputies and assistants# (8rt. ? Sec. #5, #('2 Constitution). +. Chairmen and Cembers of the Constitutional Commissions (8rt. @$8, Sec. <, #('2 Constitution). 1. Ombudsman and his deputies (8rt. @, Sec. ' (<nd par.), #('2 Constitution). &. $ll governors# ity and muni ipal mayors (".8. >o. 2#%/, Sec. (/). 2. Those who# by spe ial law# are prohibited from engaging in the pra ti e of their legal profession 8. A. Can a ivil servi e employee engage in the private pra ti e of lawM $ ivil servi e offi er or employee whose duty or responsibility does not re/uire his entire time to be at the disposal of the government may not engage in private pra ti e of law without the written permit from the head of the department on erned. 7owever# government offi ials who by e-press mandate of the law are prohibited from pra ti ing law may not# even with the onsent of the department head# engage in the pra ti e of law. 8f so authori"ed by the department head# he may# in an isolated ase# a t as ounsel for a relative or lose family friend. $ government offi ial forbidden to pra ti e law may be held riminally liable for doing so. $n offi er or employee of the ivil servi e who# as a lawyer# engages in the private pra ti e of law without a written permit from the department head on erned may be held administratively liable therefor. The City of Canila hired the servi es of $tty. (autista of the $(C 3aw Offi es to represent it in ase pending before the RTC. Can $tty. (autista validly represent itM NO. $ lo al government unit ould not hire a private attorney to represent. The provisions of Se . *12, omplemented by Se . , of the 3o al $utonomy 3aw# is lear in providing that only the provin ial prose utor and the muni ipal attorney an represent a provin e or muni ipality. The provision is mandatory. The muni ipality:s authority to employ a private lawyer is e-pressly limited only to situations where the provin ial prose utor is dis/ualified to represent it# as when he represents that provin e against a muni ipality.

8. A.

%u=li! 4++i!ials *it& Restri!tions in t&e %ra!ti!e o+ La*. *. '. ,. 0. Senators and members of the 7ouse of Representatives Cembers of the Sanggunian Retired Fusti e or .udge Civil servi e offi ers or employees without permit from their respe tive department heads (Nor/e5a 83. S/3on -' SCRA -!#$

Restri!tions in t&e %ra!ti!e o+ La* o+ 1e,=ers o+ t&e Le-islature *. No senator or member of the 7ouse of Representatives may personally appear as ounsel before any ourts of .usti e or before the 4le toral Tribunals# or /uasiI.udi ial and other administration bodies --- (8rt. ? , Sec. #0, #('2 Constitution). '. <nder the 3o al Aovernment Code ("8 2#%/, Sec. (#) Sanggunian members may pra ti e their professions provided that if they are members of the (ar# they shall not: a. appear as ounsel before any ourt in any ivil ase wherein a lo al government unit or any offi e# agen y# or instrumentality of the government is the adverse party; b. appear as ounsel in any riminal ase wherein an offi er or employee of the national or lo al government is a used of an offense ommitted in relation to his offi e; . olle t any fee for their appearan e in administrative pro eedings involving the lo al government unit of whi h he is an offi ial; d. use property and personnel of the government e- ept when the Sanggunian member on erned is defending the interest of the government. ,. <nder "8 (#/, Sec. ## as amended# a retired .usti e or .udge re eiving pension from the government# annot a t as ounsel in any ivil ase in whi h the Aovernment# or any of

12
its subdivision or agen ies is the adverse party or in a riminal ase wherein an offi er or employee of the Aovernment. I I I $ lawyerImember of the legislature is only prohibited from appearing as ounsel before any ourt of .usti e# ele toral tribunals or /uasiI.udi ial and administrative bodies The word Dappearan eE in ludes not only arguing a ase before any su h body but also filing a pleading in behalf of a lient as Dby simply filing a formal motion# plea or answerE. (Ra*o3 83. Mana)a+, 1! PHIL. -";$ Neither an he allow his name to appear in su h pleading by itself or as part of firm name under the signature of another /ualified lawyer be ause the signature of an agent amounts to signing of a nonI/ualified senator or ongressman# the offi e of an attorney being originally an agen y# and be ause he will# by su h a t# be appearing in ourt or /uasiI.udi ial or administrative body in violation of the onstitutional restri tion. D7e annot do indire tly what the Constitution prohibits dire tly.E (In re% Da8/0 !# PHIL. (, $

Restri!tions in t&e pra!ti!e o+ la* o+ ,e,=ers o+ t&e San--unian <nder the 3o al Aovernment Code (".8. 2#'/, Sec. (/)# Sanggunian members may pra ti e their professions provided that if they are members of the !ar, they shall not: a. appear as ounsel before any ourt in any ivil ase wherein a lo al government unit or any unit# agen y# or instrumentality of the government is the adverse party; b. appear as ounsel in any riminal ase wherein an offi er or employee of the national or lo al government is a used of an offense ommitted in relation to his offi e; . olle t any fee for their appearan e in administrative pro eedings involving the lo al government unit of whi h he is an offi ial; and d. use property and personnel of the Aovernment e- ept when the Sanggunian member on erned is defending the interest of the government. Restri!tions in t&e pra!ti!e o+ la* o+ ,e,=ers o+ t&e Judi!iar: <nder "8 (#/, Sec. #, as amended# a retired .usti e or .udge re eiving a pension from the government# annot a t as ounsel in any ivil ase in whi h the Aovernment# or any of its subdivision or agen ies in the adverse party or in riminal ase wherein an offi er or employee of the Aovernment is a used of an offense in relation to his offi e. Re,edies A-ainst Unaut&oriJed %ra!ti!e *. '. ,. 0. +. Petition for 8n.un tion 9e laratory Relief Contempt of Court 9is/ualifi ation and omplaints for disbarment Criminal omplaint for estafa who falsely represented to be an attorney to the damage party

A)a=/ 83. A)a&4a, A.M. SDC>!">->P, Fe:r&ar4 -(, !!" 8. $re persons who pass the Shari:a (ar members of the Philippine (arM A. Persons who pass the Shari:a (ar are not fullIfledged members of the Philippine (ar# hen e may only pra ti e before the Shari:a ourts. They are also not entitled to use the title DattorneyE as su h is reserved to those who# having obtained the ne essary degree in the study of law and su essfully ta)en the (ar 4-aminations# have been admitted to the 8ntegrated (ar of the Philippines and remain members thereof in good standing. 9oes Ds riveningE onstitute pra ti e of lawM NO. S rivening or the filling of blan)s in a standard or stereotyped forms whi h involves pure leri al wor) without need for any legal interpretation. This is not pra ti e of law.

8. A.

In re% 9oa@&/n, -( SCRA (;' $ppearan e 3in propia personaE is appearan e in ourt by a nonIlawyer for himself without the assistan e of a member of the (ar. This is sometimes referred to as D pro seE pra ti e =hile pro se pra ti e is allowed# it is not advisable to do so. Court pro eedings are full of te hni al pitfalls that may entrap a person uns hooled in substantive and pro edural law. 2eed +or and Ri-&t to Counsel

13
General Rule. $ party litigant needs the assistan e of ounsel in all pro eedings# administrative# ivil or riminal. E0!eptions. *. Aunicipal Trial Court Q $ party may ondu t his litigation in person or with the aid of an agent or friend appointed by him for that purpose or with the aid of an attorney. '. "egional Trial Court and 8ppellate Court Q $ party may either ondu t his litigation personally or by attorney unless the party is a .uridi al person in whi h ase it may appear only by attorney. HHH The rule that appearan e by ounsel is not obligatory applies only in ivil and administrative ases. The rule does not apply in riminal ases involving grave and less grave offenses# where an a used must be represented by ounsel de parte or ounsel de officio and in whi h his right is not waivable. Dut: o+ %u=li! %rose!utor The primary duty of a publi prose utor is not to onvi t but to see that .usti e is done. 7e should not hesitate to re ommend to the ourt the a used a /uittal if the eviden e in his possession shows that the a used is inno ent. Role o+ %rivate %rose!utor $ private prose utor may intervene in the prose ution of a riminal a tion when the offended party is entitled to indemnity and has not waived e-pressly# reserved or instituted the ivil a tion for damages. There is nothing ob.e tionable about it as long as the publi prose utor is always present at every hearing# retains ontrol thereof# and without allowing the trial in the hands of a private prose utor. 24TAR7 %U/LIC !a ts: $ty. ? notari"ed a deed of sale ma)ing it appear that some of the vendors were signatories and parties when in fa t these people were already dead prior to the e-e ution of the do ument. (Arr/eta 8. L)o3a, -1- SCRA -(1, No8e*:er -1, !!"$ Ruling: Notari"ation is not empty# meaningless# routinary a t; it is infested with substantial publi interest su h that only those who are /ualified or authori"ed may a t as notaries publi . Notaries publi must observe with the utmost are the basi re/uirements in the performan e of their duties. Otherwise# the onfiden e of the publi in the integrity of this form of onveyan e would be undermined. !aithful observan e with utmost respe t of the legal solemnity of an oath in an a )nowledgment or Burat is sa rosan t.

!a ts: N a used @ of notari"ing do uments without a ommission. 8n two separate o asions# he notari"ed deeds of sale of property between the ban) he wor)s for and his minor son. $t those times he was not ommissioned as a notary publi . (N&n5a 8. V/ra4, #;, SCRA, A6r/) #;, !!!$ Ruling: Notari"ation is invested with publi interest be ause it onverts private do uments to publi do uments# ma)ing su h do uments admissible in eviden e without further proof of the authenti ity thereof. Notari"ing without a ommission is a violation of the lawyer:s oath to obey the laws 5Notarial 3aw6 and by ma)ing it appear that he is so authori"ed is a deliberate falsehood whi h violates the lawyer:s oath and Rule *.>* 5CPR6 that a lawyer shall not engage in unlawful# dishonest# immoral or de eitful ondu t.

Re*e*:er% Certifi ation of a 9eed 5is a pro lamation to the world that:6 *. all the parties therein personally appeared before him '. they are all personally )nown to him ,. that they were the same persons who e-e uted the instruments 0. he 5notary publi 6 in/uired into the voluntariness and due e-e ution of the instrument; and +. that they a )nowledged personally before him that they voluntarily and freely e-e uted the same.

14

8. A.

=hat are the grounds for the violation of the ommission of a notary publi M The following dereliction of duties on the part of a notary public shall in the discretion of the proper "TC Budge, be sufficient ground for the revocation of his commission . *. !ailure of the notary to )eep a notarial register '. !ailure of the notary to ma)e the proper entry or entries in his notarial register tou hing his notarial a ts in a manner re/uired by law ,. !ailure of the notary to send a opy of the entries to the proper ler) of the RTC within the first *> days of the month ne-t following 0. !ailure of the notary to affi- to a )nowledgments the date of e-piration of his ommission# as re/uired by law +. !ailure of the notary to forward his notarial register when filled# to the proper ler) of ourt 1. !ailure of the notary publi to ma)e the proper notation regarding ommunity taertifi ates &. !ailure of the notary to ma)e report# within a reasonable time# to the proper RTC .udge on erning the performan e of his duties# as may be re/uired by said .udge# and 2. $ny other dereli tion or a t whi h shall appear to the .udge to onstitute good ause for removal.

F)ore3 83. Ch&a, #;, SCRA (,' J. $tty. Rodrigo# a notary publi # notari"ed a forged deed of sale. 8n that notari"ed do ument he solemnly de lared that the alleged vendor appeared before him and a )nowledged to him that the do ument was the vendor:s free a t and deed despite the fa t that the vendor did not do so as his signature was forged. $. NO. $ notary publi annot plead good faith when notari"ing do uments without the presen e of signatories thereto as this would be a mo )ery of what the Furat and $ )nowledgment re/uires. =here the notary publi is a lawyer# a graver responsibility is pla ed upon his shoulder by reason of his solemn oath to obey the laws and to do no falsehood or onsent to the doing of any. The C.P.R. also ommands him not to engage in unlawful# dishonest# immoral# de eitful ondu t and to uphold at all times the integrity and dignity of the legal profession. I2TEGRATED /AR 46 THE %HILI%%I2ES National organi"ation of lawyers reated on Fanuary *1# *%&, under Rule *,%I$# Rules of Court and onstituted on Cay 0# *%&, into a body orporate by P.9. No.*2* In re% E0/))on, 1( SCRA ''( ( !"1$ The 8ntegration of the Philippine (ar means the unifi ation of the entire lawyer population. This re/uires 5*6 membership and 5'6 finan ial support of every attorney as ondition sine Cua non to the pra ti e of law and the retention of his name in the Roll of $ttorneys of the Supreme Court. In re% Inte5rat/on of the Ph/)/66/ne3, (! SCRA -- ( !"#$ =hile Republi $ t No. 1,%& provides that the DSupreme CourtE may adopt rules of ourts to effe t the integration of the Philippine bar# said law neither onfers a new power nor restri ts the Court:s inherent power but is mere legislative de laration of the integration of the bar will promote publi interest or will Draise the standard of the legal profession# improve the administration of .usti e and enable the bar to dis harge its publi responsibility more effe tively.E Se+t/on 1, B4>La=3 of the IBP The following persons are members of the ntegrated !ar of the Philippines : 5a6 $ll lawyers whose names were in the Roll of $ttorneys of the SC on Fanuary *1# *%&,; and 5b6 $ll lawyers whose names were in luded or are entered therein after the said date. W&at are t&e o=Ce!tives o+ t&e inte-ration o+ t&e /arK 4levate standards of the legal profession 8mprove the administration of .usti e

15
To enable the bar to dis harge its responsibility more effe tively

The 8ntegrated (ar is stri tly nonIpoliti al. To maintain its nonIpoliti al olor# no lawyer holding an ele tive# .udi ial# /uasiI.udi ial or prose utory offi e in the Aovernment or any politi al subdivision or instrumentality thereof shall be eligible for ele tion or appointment to any position in the 8ntegrated (ar or any hapter thereof. $ delegate# governor# offi er or employee of the 8ntegrated (ar or an offi er or employee of any hapter thereof shall be onsidered ipso facto resigned from his position as of the moment he files his ertifi ate of andida y for any ele tive publi offi e or a epts appointment to any .udi ial# /uasiI.udi ial or prose utory offi e in the Aovernment or any politi al subdivision or instrumentality thereof. The deliberative body of the 8ntegrated (ar is the 7ouse of 9elegates. 8t is omposed of not more than one hundred and twenty members apportioned among all the hapters by the (oard of Aovernors a ording to the number of their respe tive members# but ea h hapter shall have at least one 9elegate. The (oard of governors shall provide the (yI3aws for grievan e pro edure for the enfor ement and maintenan e of dis ipline among all members of the 8(P# but no a tion involving the suspension or disbarment of a member of the removal of his name from the Roll of $ttorneys shall be effe tive without the final approval of the S.C. 8. A. 8s the ompulsory membership in the 8(P violative of the lawyer:s onstitutional freedom to asso iate or orollary right not to asso iateM NO. 8ntegration does not ma)e a lawyer a member of any group of whi h he is already a member. 7e be ame a member of the bar when he passed the (ar e-aminations. $ll that integration a tually does in provide an offi ial national organi"ation for the wellIdefined but unorgani"ed and in ohesive group of whi h every lawyer is already a member. (In re% E0/))/on A.M. !-1$

8. A.

Cay a member of the 8(P voluntarily terminate his membership thereinM P4S# by filing a verified noti e to that effe t with the Se retary of 8(P who shall immediately bring the matter to the attention of the SC. !orthwith# he shall ease to be a member and his name shall be stri )en from the Roll of $ttorneys.

8. A.

=hat is the effe t of failure to pay annual membership to the 8(PM The failure of any attorney to pay his annual membership dues for si- months shall warrant suspension of his membership in the 8(P and default of su h payment for one year shall be ground for the removal of his name from the Roll of $ttorneys.

8. A.

Cay a lawyer be dis iplined either by the 8(P or the Court for failing to pay her obligation to omplainantM NO. $ lawyer may not be dis iplined either by the 8(P or the Court for failing to pay her obligation# a matter in her professional or private apa ity. (To)e0o 83. A:a)o3$

8. A.

8s wanton disregard of the lawful orders of the 8(P Commission on (ar 9is ipline a ground for suspension of a lawyer from the pra ti e of lawM P4S. $ lawyer was suspended from the pra ti e of law for one month due to her wanton disregard of the lawful orders of the 8(P Commission on (ar 9is ipline. (To)e0o 83. A:a)o3$

C4DE 46 %R46ESSI42AL RES%42SI/ILIT7 CHA%TER I 3 THE LAW7ER A2D S4CIET7

16
CA242 ( A la*:er s&all up&old t&e Constitution o=e: t&e la*s o+ t&e land and pro,ote respe!t +or la* and +or le-al pro!esses. HHH 3awyers must not only uphold and obey the Constitution and the laws but also 3egal orders or pro esses of ourts Duties o+ Attorne:s. a. to maintain allegian e to the Republi of the Philippines and to support the Constitution and obey the laws of the Philippines; b. to observe and maintain the respe t due to the ourts of .usti e and .udi ial offi ers; . to ounsel or maintain su h a tions or pro eedings only as appear to him as .ust# and su h defenses only as he believes to be honestly debatable under the laws; d. to employ# for the purpose of maintaining the auses onfided to him# su h means only as are onsistent with truth and honor# and never see) to mislead the .udge or any .udi ial offi er by an artifi e or false statement of fa t or law; e. to maintain inviolate the onfiden e# and at every peril to himself# to preserve the se rets of his lient# and to a ept no ompensation in onne tion with his lientGs business e- ept from him or with his )nowledge and approval; f. to abstain from all offensive personality and to advan e no fa t pre.udi ial to the honor or reputation of a party or witness# unless re/uired by the .usti e of the ause with whi h he is harged; g. not to en ourage either the ommen ement or the ontinuan e of an a tion or pro eeding# or delay any manGs ause for any orrupt motive or interest; h. never to re.e t# for any onsideration personal to himself# the ause of the defenseless or oppressed; i. in the defense of a person a used of a rime# by all fair and honorable means# regardless of his personal opinion as to the guilt of the a used# to present every defense that the law permits# to the end that no person may be deprived of life or liberty# but by due pro ess of law. Rule (.D(. A la*:er s&all not en-a-e in unla*+ul dis&onest i,,oral or de!eit+ul !ondu!t.

Peo6)e 83. T&an0a, A0*. Ca3e No. ##,; (9an. #;, !!; 6 The nature of the offi e of an attorney at law re/uires that she shall be a person of good moral hara ter. This /ualifi ation is not only a ondition pre edent to an admission to the pra ti e of law; its ontinued possession is also essential for remaining in the pra ti e of law. R&)e #1, Se+t/on -", ROC The ommission of unlawful a ts# spe ially rimes involving moral turpitude# a ts of dishonesty in violation of the attorney:s oath# grossly immoral ondu t and de eit are grounds for suspension or disbarment of lawyers. 1oralit: as understood in la*. This is a human standard based on the natural moral law whi h is embodied in man:s ons ien e and whi h guides him to do good and avoid evil. 1oral turpitude. everything whi h is done ontrary to .usti e# honesty# modesty or good morals. I,,oral !ondu!t has been defined as Dthat ondu t whi h is willful# flagrant or shameless and whi h shows a moral indifferen e to the opinion of the good and respe table members of the ommunity (Ar+/5a 8. Man/=an5, ;, SCRA '! $. =hat onstitutes -rossl: i,,oral !ondu!tIa!tK 3 one that is so orrupt and false as to onstitute a riminal a t so unprin ipled or disgra eful as to be reprehensible to a high degree. (F/5&eroa 8. Barran+a, -"' SCRA ((', 9&)4 # , !!"$A it is a =833!<3# !3$AR$NT or

S7$C434SS $CT whi h shows a COR$3 8N98!!4R4NC4 to the opinion of respe table members of the ommunity. 5>arag vs. >arag, #((')
Convi!tion +or !ri,e involvin- ,oral turpitude 3 a number of lawyers have been suspended or disbarred for onvi tion of rimes involving moral turpitude su h as: *. estafa '. bribery ,. murder 0. sedu tion +. abdu tion 1. smuggling &. falsifi ation of publi do ument

17

To)o3a 83. Car5o, " SCRA - ( !1!$ $s offi ers of the ourt# lawyers must only in fa t be of good moral hara ter but must also be seen to be of good moral hara ter and living lives in a ordan e with the highest moral standards of the ommunity. $ member of the (ar and offi er of the ourt is not only re/uired to refrain from adulterous relationships or the )eeping of mistress# but must also behave as to avoid s andali"ing the publi by reating the belief that he is flouting su h moral standard. 242F%R46ESIS42AL 1ISC42DUCT L/7a3o 83. A*ante, !1 SCRA ( !! 6 - - - mis ondu t indi ative of moral unfitness# whether relating to professional or nonI professional matters# .ustifies suspension or disbarment. - - - an attorney may be removed or otherwise dis iplined Dnot only for malpra ti e and dishonesty in his profession# but also for gross mis ondu t not onne ted with his professional duties# whi h showed him unfit for the offi e and unworthy of the privileges whi h his li ense and the law onfer to him.E Con3tant/no 8. Sa)&0are3, --1 SCRA -## ( !!#$ =hile it is true that there was no attorneyI lient relationship between respondent and omplainant# it is well settled that an attorney may be removed or otherwise dis iplined not only for malpra ti e and dishonesty in the profession# but also for gross mis ondu t not onne ted with his professional duties# showing him to be unfit for the offi e and unworthy of the privileges whi h his li ense and the law onfer upon him. So,e !ases o+ Dis&onest: and De!eit *&i!& 1erited Dis!ipline =: t&e Supre,e Court. *. Cisappropriation of lient:s funds '. $ t of fraudulently on ealing dutiable importation or smuggling ,. Aiving false statements under oath in an 8nformation Sheet submitted in onne tion with the lawyer:s appli ation for the position of Chief of Poli e 0. =anton falsehood made in an e+ parte petition in ourt wherein the lawyer atta hed affidavit of his grandfather and whi h affidavit he notari"ed )nowing that the supposed affiant is already dead +. Caneuvering re onveyan e of property in the name of a lawyer instead of the lient Q in a ase involving sale with pacto de retro 1. Submission or presentation of mutilated opies of ertain do uments to ourt for the purpose of de eiving and misleading it &. !alsifi ation of grades in the (ar 4-aminations 2. Colle ting several thousand pesos on the pretense that ounsel would allegedly appeal the omplaint:s ase to the Supreme Court of the <nited States# and that it was ne essary to him to go to =ashington# 9.C. whi h he did# )nowing that the de ision ould no longer be appealed be ause it is already final %. 8ntrodu ing someone to buy a pie e of land )nowing that it is not for sale *>. 9elayed failure to a ount money olle ted for the lient **. Stealing eviden e atta hed to the ourt re ords Instan!es o+ Gross I,,oralit: and t&e Resultin- Conse5uen!es. *. $bandonment of wife and ohabiting with another woman. Disbarred. '. (igamy perpetrated by the lawyer. DisCualified from admission to the !ar ,. $ lawyer who had arnal )nowledge with a woman through a promise of marriage whi h he did not fulfill. Disbarred. 0. Sedu tion of a woman who is the nie e of a married woman with whom the respondent lawyer had adulterous relations. Disbarred.

18
+. 3awyer arranging the marriage of his son to a woman with whom the lawyer had illi it relations. $fter the marriage of the woman to the respondents son# he ontinued his adulterous relations with her. Disbarred 1. 3awyer inveigling a woman into believing that they had been married ivilly to satisfy his arnal desires. Disbarred &. 3awyer ta)ing advantage of his position as hairman of the ollege of medi ine and as)ed a lady student to go with him to manila where he had arnal )nowledge of her under threat that if she refused # she would flun) in all her sub.e ts. Disbarred 2. Con ubinage oupled with failure to support illegitimate hildren . Suspended indefinitely %. Caintaining adulterous relation ship with a married woman. Suspended indefinitely

Rule (.D?.

A la*:er s&all not !ounsel or a=et a!tivities ai,ed at de+ian!e o+ t&e la* or at lessenin- !on+iden!e in t&e le-al s:ste,.

8f a lawyer finds that his lient:s ause is defenseless# it is his burdenKduty to advise the latter to a /uies e and submit# rather than traverse the in ontrovertible. 8t is unprofessional for a lawyer to volunteer advi e to bring a lawsuit# e- ept in rare ases where the blood# relationship or trust ma)es it his duty to do so. Temper lient:s propensity to litigate. Should not be an instigator of ontroversy but a mediator for on ord and on iliator for ompromise. The law violated need not be a penal law. DAoral TurpitudeE Q everything whi h is done ontrary to .usti e# honesty# modesty or good morals. Aive advi e tending to impress upon the lient and his underta)ing e-a t omplian e with the stri test prin iples of moral law. <ntil a statute shall have been onstrued and interpreted by ompetent ad.udi ation# he is free and is entitled to advise as to its validity and as to what he ons ientiously believes to be its .ust meaning and e-tent.

Canon #-, CPE $ lawyer should not render any servi e or advi e to any lient Q no matter how powerful or important is the ause Q whi h will involve disloyalty to the laws of the ountry whi h he is bound to uphold and obey. Canon ', CPE The great trust of the lawyer is to be performed within and without the bounds of the law. The offi e of attorney does not permit# mu h less does it demand of him any lient# violation of law or any manner of fraud or hi anery. 7e must obey his own ons ien e and not that of his lient. Co3*o3 Fo&n0r4 Sho6 <orBer3 Un/on 83. Lo B&, ,# SCRA #7e was of ourse e-pe ted to defend his lient:s ause with "eal# but not at the disregard of the truth and in defian e of the lear purpose of labor statutes. In re% !1! IBP E)e+t/on3, "1 SCRA #!1 Respe t for law is gravely eroded when lawyers themselves# who are supposed to be minions of the law# engage in unlawful pra ti es and avalierly brush aside the very rules that the 8(P formulated for their observan e. Rule (.D<. A la*:er s&all not +or an: !orrupt ,otive or interest en!oura-e an: suit or pro!eedin- or dela: in a ,anAs !ause.

$ lawyer has the obligation not to en ourage suits. This is so as to prevent barratry and ambulan e hasing

/arratr: is the offense of fre/uently e- iting and stirring up /uarrels and suits# either at law or otherwise. 8t is the lawyer:s a t of fomenting suits among individuals and offering his legal servi es to one of them. Canon -1, CPE

19
8t is unprofessional for a lawyer to volunteer advi e to bring a lawsuit# e- ept in rare ases where ties of blood# relationship or trust ma)e his duty to do so. The purpose of the prohibition is to prevent ambulance chasing# whi h refers to soli itation of almost any )ind of legal business by laymen employed by an attorney for the purpose or by the attorney himself. !or ambulan e hasing has spawned re ogni"ed evils su h as: a. fomenting of litigation with resulting burdens on the ourts and the publi ; b. subornation of per.ury; . mul ting of inno ent persons by .udgments# upon manufa tured auses of a tions# and d. defrauding of in.ured persons having proper auses a tions but ignorant of legal rights and ourt pro edure by means of ontra ts whi h retain e-orbitant per entages of re overy and illegal harges for ourt osts and e-penses and by settlement made for /ui ) returns of fees and against the .ust rights of the in.ured persons.

8mbulance Chasing E $ t of hasing vi tims of a idents for the purpose of tal)ing to the said vi tims 5or relatives6 and offering his legal servi es for the filing of a ase against the person5s6 who aused the a ident5s6.

Co::>Pere7 83. Lant/n, -( SCRA -! 3awyer:s duty is to resist the whims and apri es of his lient and to temper his lient:s propensity to litigate. Ca3tane0a 83. A5o, ,' SCRA ' 8t is the duty of a ounsel to advise his lient ordinarily a layman to the intri a ies and vagaries of the law# on the merit or la ) of merit of his ase. 8f he finds that his lient:s ause is defenseless# it is his bourdon duty to advise the latter to a /uies e and submit# rather than traverse the in onvertible. $ lawyer must resist the whims and apri es of his lient# and temper his propensity to litigate. $ lawyer:s oath to uphold the ause of .usti e is superior to his duty to his lient; its prima y indisputable. Signifi an e of an $ttorney:s Signature on a Pleading R&)e " Se+.' ?-- The signature of an attorney onstitutes ertifi ate by him that he has read the pleading; that to the best of his )nowledge# information and belief there is good ground to support it; and that it is not interposed for delay. ?-- !or a willful violation of this rule an attorney may be sub.e ted to appropriate dis iplinary a tion. Rule (.D). A la*:er s&all en!oura-e &is !lients to avoid end or settle a !ontrovers: i+ it *ill ad,it o+ a +air settle,ent.

$ D ompromise is as often the better part of .usti e as pruden e is the better part of valorE and a lawyer who en ourages ompromise is no less the lient:s D hampion in settlement out of ourtE than he is the lient:s D hampion in the battle of ourt.E De Yaa3/ III 8. NLRC, -# SCRA "# ( !!($ The useful fun tion of a lawyer is not only to ondu t litigation but also to avoid it whenever possible by advising settlement or withholding suit. --- 7e should be a mediator for on ord and on iliator for ompromise# rather than a virtuoso of te hni ality in the ondu t of litigation. Me)en0re7 83. De+ena, ", SCRA ,,$ lawyer annot# without spe ial authority# ompromise his lient:s litigation or re eive anything in dis harge of the lient:s laim but the full amount in ash. $ ompromise entered into without authority is merely unenfor eable. 7owever# a lawyer has the e- lusive management of the pro edural aspe t of the litigation in luding the enfor ement of rights and remedies of the lient. CA242 ? A la*:er s&all ,aBe &is le-al servi!es availa=le in an e++i!ient and !onvenient ,anner !o,pati=le *it& t&e independen!e inte-rit: and e++e!tiveness o+ t&e pro+ession. 3egal servi es should not only be effi ient but should also be available and a essible to those who need them in a manner ompatible with the ethi s of the profession. $ lawyer who a epts professional employment should be in a position to render effi ient and effe tive legal assistan e# otherwise he should help find another lawyer who is /ualified and able to do so.

20
Rule ?.D(. A la*:er s&all not reCe!t e0!ept +or valid reasons t&e !ause o+ t&e de+enseless or t&e oppressed.

Defenseless Q not in the position to defend themselves due to poverty# wea)ness# ignoran e or other similar reasons. =ppressed Q vi tims of a ts of ruelty# unlawful e-a tion# domination or e- essive use of authority.

Canon (, CPE $ lawyer assigned as ounsel for an indigent prisoner must not as) to be e- used for any trivial reason and should always e-ert his best efforts in his behalf. Peo6)e 83. Ho)5a0o, 1' Ph/). "'The duty of a lawyer to a ept the ause of the defenseless and the oppressed empowers the ourt to re/uire him to render professional servi es to any party in a ase# if the party is without means to employ an attorney and the servi es of a lawyer are ne essary to prote t the rights of su h party or se ure the ends of .usti e or to designate him as ounsel de officio for an a used if the latter is unable to employ a ounsel de parte. Rule ?.D?. In su!& !ases even i+ t&e la*:er does not a!!ept a !ase &e s&all not re+use to render le-al advi!e to t&e person !on!erned i+ onl: to t&e ne!essar: to sa+e-uard t&e latterAs ri-&ts.

8f the reason for nonIa eptan e of a ase is onfli t of interest# a lawyer must refrain from giving legal advi e be ause a lawyerI lient relationship is established and may lead to violation of the rule against representing onfli ting interests. Rule ?.D<. A la*:er s&all not do or per,it to =e done an: a!t desi-ned pri,aril: to soli!it le-al =usiness.

The soli itation of employment by an attorney is a ground for disbarment or suspension. The best advertisement for a lawyer is a wellIdeserved reputation for honesty and fidelity to private trust and publi duty. ompeten e#

R&)e #1, Se+. -", R&)e3 of Co&rt The law prohibits lawyers from soli iting ases for the purpose of gain# either personally or through paid agents or bro)ers# and ma)es the a t malpra ti e. $ lawyer who agrees with a nonIlawyer to divide attorney:s fees paid by lients supplied or soli ited by the nonIlawyer is guilty of malpra ti e# the same being a form of soli itation of ases. C&ara!teristi!s *&i!& distin-uis&es t&e le-al pro+ession +ro, =usiness. *. a duty of publi servi e# of whi h the emolument is a byIprodu t# and in whi h one may sustain the highest eminen e without ma)ing mu h money; '. a relation as an Doffi er of the ourtE to the administration of .usti e involving thorough sin erity# integrity# and reliability; ,. a relation to lients in the highest degree of fidu iary; 0. a relation to olleagues at the bar hara teri"ed by andor# fairness# and unwillingness to resort to urrent business methods of advertising and en roa hment on their pra ti e or dealing dire tly with their lients. Rule on Advertise,ents Aeneral Rule: No advertisements allowed. The most worthy and effe tive advertisement possible is the establishment of a wellImerited reputation for professional apa ity and fidelity to trust. 3awyers may not advertise their servi es or e-pertise nor should not resort to indire t advertisements for professional employment# su h as furnishing or inspiring newspaper omments# or pro uring his photograph to be published in onne tion with auses in whi h the lawyer has been engaged or on erning the manner of their ondu t# the magnitude of the interest involved# the importan e of the lawyerGs position# and all other selfIlaudation. T:pes o+ advertisin- or soli!itations not pro&i=ited (U)e6 83. Le5a) C)/n/+ --# SCRA #"1$

21
*. Publi ation of reputable law lists# in a manner onsistent with the standards of ondu t imposed by the anons# or brief biographi al and informative data. '. The use of ordinary simple professional ard. The ard ontain only a statement of his name# the name of the law firm whi h he is onne ted with# address# telephone no.# and spe ial bran h of law pra ti ed. ,. Publi ation or a publi announ ement of the opening of a law firm or of hanges in the partnership# asso iates# firm name or offi e address# being for the onvenien e of the profession. In re% Ta5or0a, '# Ph/). #" ( !-!$ To allow a lawyer to advertise his talent or s)ill is to ommer iali"e the pra ti e of law# lower the profession in publi onfiden e and lessen his ability to render effi iently that high hara ter of servi e to whi h every member of the bar is alled. 8t destru tive of the honor of a great profession. 8t lowers the standards of that profession. 8t wor)s against the onfiden e of the ommunity in the integrity of the members of the bar. 8t results in needless litigation and in in enting to strife otherwise pea efully in lined iti"ens. Rule ?.D). A la*:er s&all not !&ar-e rates lo*er t&an t&ose !usto,aril: pres!ri=ed unless t&e !ir!u,stan!es so *arrant.

RRR=hat the rule prohibits is the ompetition in the matter of harging fees for professional servi es for the purpose of attra ting prospe tive lients in favor of the lawyer who offers lower rates. The rule does not prohibit a lawyer from olle ting a redu ed or no fee at all from a person who would have diffi ulty in paying the fee usually harged for the servi e .(A56a)o$ $ lawyer annot delay the approval of a ompromise agreement entered into between parties# .ust be ause his attorney:s fees were not provided for in the agreement. Rule: $ lawyer annot ompromise the ase without lient:s onsent 5spe ial authority6. 4- eption: 3awyer has e- lusive management of the pro edural aspe t of the litigation 5e.g. Submission for de ision on the eviden e so far presented. (ut in ase where lawyer is onfronted with an emergen y and promptKurgent a tion is ne essary to prote t lients interest and there:s no opportunity for onsultation# the lawyer may ompromise. Rule: Refrain from harging rates lower than the ustomary rates. @alid Fustifi ation: relatives# oIlawyers# too poor CA242 < A la*:er in ,aBin- Bno*n &is le-al servi!es s&all use onl: true &onest +air di-ni+ied and o=Ce!tive in+or,ation or state,ent o+ +a!ts. Rule <.D(. A la*:er s&all not use or per,it t&e use o+ an: +alse +raudulent ,isleadinde!eptive undi-ni+ied sel+Flaudator: or un+air state,ent or !lai, re-ardin&is 5uali+i!ations or le-al servi!es.

@iolation of Rule ,.>* is unethi al# whether done by him personally or through another with his permission.

Canon -" of the Canon of Profe33/ona) Eth/+3 The anons of the profession that tell the best advertising possible for a lawyer is wellI merited reputation for professional apa ity and fidelity to trust# whi h must be earned as the out ome of hara ter and ondu t. $ny false pretense therefore by a lawyer intended to defraud# mislead or de eive to tout on his /ualifi ations or /uality of his legal servi es is unethi al Q whether done by him personally or through another with his permission. The proffer of free legal servi es to the indigent# even when broad ast over the radio or tendered through ir ulations of printed matter to the general publi # offends no ethi al rule. Rule <.D?. In t&e !&oi!e o+ a +ir, na,e no +alse ,isleadin- or assu,ed na,e s&all =e used. T&e !ontinued use o+ t&e na,e o+ a de!eased partner is per,issi=le provided t&at t&e +ir, indi!ates in all its !o,,uni!ations t&at said partner is de!eased.

8t is unethi al to use the name of a foreign firm. 9eath of a partner does not e-tinguish attorneyI lient relationship with the law firm. Negligen e of a member in the law firm is negligen e of the firm.

22
$ group of lawyers who deserve to establish a partnership for general pra ti e of law may adopt a firm name. 7owever# no false name or misleading or assumed name shall be used in the firm name adopted. No name not belonging to any of the partners or asso iates may be used in the firm name for any purpose. 8f a partner died# and ontinued use of the name is desired by the surviving partners# the name of the de eased may still be used# in all the ommuni ations of the law firm# provided there is an indi ation that said partner is already dead. The use of a ross after the name of the de eased partner is suffi ient indi ation. 8t is advisable though that the year of the death be also indi ated. Canon ##, CPE 8n the formation of su h partnership# no person should be admitted or held out as a member who is not a lawyer. Nor may a group of lawyers hold themselves out as partners when# in fa t# they are not or when no partnership a tually e-ists. B.R. Se:a3t/an Enter6r/3e3 In+. 83. Co&rt of A66ea)3, -;, SCRA -1 9eath of a partner does not e-tinguish the lientIlawyer relationship with the law firm. Anton/o 83. Co&rt of A66ea)3, '# SCRA '!Negligen e of a member in the law firm is negligen e of the firm. =hen the ounsel of re ords is the 3aw !irm# the negligen e of the lawyer assigned to the ase onsisting in his leaving for abroad without notifying his olleagues is negligen e of the 3aw !irm. Da+ana4 83. BaBer C M+Ben7/e !ilipino lawyers annot pra ti e law under the name of a foreign law firm. Rule <.D< W&ere a partner a!!epts pu=li! o++i!e &e s&all *it&dra* +ro, t&e +ir, and &is na,e s&all =e dropped +ro, t&e +ir, na,e unless t&e la* allo*s &i, to pra!ti!e la* !on!urrentl:.

RA " ,;, Se+t/on !; Name of partner should be dropped from the firm name when he a epts publi offi e. 8f a partner in a law firm has a epted a publi offi e# his name shall be removed from the firm name. F+ception: 8f the law allows him to pra ti e law on urrently while holding the position su h as Sanggunian members are sub.e t to ertain restri tions. Rule <.D). A la*:er s&all not pa: or -ive an:t&in- o+ value to representatives o+ t&e ,ass ,edia in anti!ipation o+ or in return +or pu=li!it: to attra!t le-al =usiness.

$ lawyer who see)s publi ity to attra t legal business is debasing the legal profession# spe ially so# if he pays something of value for it. CA242 ) A la*:er s&all parti!ipate in t&e develop,ent o+ t&e Le-al S:ste, =: initiatin- or supportin- e++orts in la* re+or, and in t&e i,prove,ent o+ t&e ad,inistration o+ Custi!e. 4-amples: Presenting position papers or resolutions for the introdu tion of pertinent bills in ongress; Petitions with the Supreme Court for the amendment of the Rules of Court.

Canon (;, CPE $n attorney Dmay with propriety write arti les for publi ations in whi h he gives information upon the law; but he should not a ept employment from su h publi ations to advise in/uiries in respe t to their individual rights.E CA242 " A la*:er s&all Beep a=reast o+ le-al develop,ent parti!ipate in !ontinuin- le-al edu!ation pro-ra,s support e++orts to a!&ieve &i-& standards in la* s!&ool as *ell as in t&e pra!ti!al trainin- o+ la* students and assist in disse,inatin- in+or,ation re-ardin- t&e la* and Curispruden!e. 4=Ce!tives o+ inte-ration o+ t&e /ar To elevate the standards of the legal profession To improve the administration of .usti e To enable the (ar to dis harge its responsibility more effe tively.

23

W&at is t&e t&ree+old o=li-ation o+ a la*:erK *irst, he owes it to himself to ontinue improving his )nowledge of the laws; Second# he owes it to his profession to ta)e an a tive interest in the maintenan e of high standards of high edu ation. Third, he owes it to the law publi to ma)e the law a part of their so ial ons iousness. De Ro4 83. Co&rt of A66ea)3, '" SCRA "'" 8t is the bounden duty of ounsel as lawyer in a tive law pra ti e to )eep upbreast of de isions of the Supreme Court parti ularly where issues have been larified# onsistently reiterated# and published in the advan e report of Supreme Court de isions 5A.R.s6 and in su h publi ations as the Supreme Court Reports $nnotated 5SCR$6 and law .ournals. D&a)o 83. CFI of Ce:&, CA>G.R. No. -"" 1>R, 9&)4 ", !, $ttorneys should familiari"e themselves with the rules and omply with their re/uirements. They are also hargeable with noti e of hanges in the rules whi h have been held as in luding not only e-press reglementary provisions but also a regular pra ti e under the Rules of Court. CA242 E T&ese !anons s&all appl: to la*:ers in -overn,ent servi!e in t&e dis!&ar-e o+ t&eir o++i!ial tasBs. Re6ort of IBP Co**/ttee, 6.#; $ lawyer does not shed his professional obligations upon his assuming publi offi e. Gowever# lawyers who are in umbent .udges and magistrates shall be governed in the performan e of their offi ial fun tions by the Code of Fudi ial Condu t whi h be ame effe tive on O tober '># *%2%. %u=li! o++i!e F in lude ele tive and appointive offi ials and employees# permanent or temporary# whether in the areer or nonI areer servi e# in luding military and poli e personnel# whether or not they re eive ompensation# regardless of amount. (Se+. #(:$, RA , "#$. The law re/uires the observan e of the following norms of ondu t by every publi offi ial in the dis harge and e-e ution of their offi ial duties: a. ommitment to publi interest b. professionalism . .ustness and sin erity d. politi al neutrality e. responsiveness to the publi f. nationalism and patriotism g. ommitment to demo ra y h. simple living (Sec. 0, "8 %2#&) Co))ante3 83. Reno*eron, -;; SCRA '1( 8f the lawyer:s mis ondu t in the dis harge of his offi ial duties as government offi ial is of su h a hara ter as to affe t his /ualifi ations as a lawyer or to show moral delin/uen y# he may be dis iplined as a member of the (ar on su h ground. Rule E.D(. T&e pri,ar: dut: o+ a la*:er en-a-ed in pu=li! prose!ution is not to !onvi!t =ut to see t&at Custi!e is done. T&e suppression o+ +a!ts or t&e !on!eal,ent o+ *itnesses !apa=le o+ esta=lis&in- t&e inno!en!e o+ t&e a!!used is &i-&l: repre&ensi=le and is !ause +or dis!iplinar: a!tion.

State 83. P)aton, (; O.G. ,th S&66. -#' $ prose utor is a /uasiI.udi ial offi er and as su h# he should see) e/ual and impartial .usti e. 7e should be as mu h on erned with seeing that no man inno ent suffers as in seeing that no guilty man es apes. U.S. 83. Barre0o, #- Ph/). ((! $ ons ious prose uting offi ial# whose investigations have satisfied him as to the inno en e of persons harged with the ommission of rime# should not institute riminal pro eedings against su h persons. 8n the event that the riminal pro eedings have been instituted# and the investigations of the provin ial fis al have satisfied him that the a used person is inno ent# or that eviden e suffi ient to se ure onvi tion will not be forth oming at the trial despite the e-er ise of due diligen e to that end. 8t then be omes his duty to advise the ourt wherein the pro eedings are pending as to the result of his investigations# and to move the ourt to dismiss the pro eedings.

24

S&are7 83. P)aton, ,! Ph/). '', The interest of a prose utor in a riminal prose ution is not to win a ase but to see that .usti e is done. 7e should see to it that the a used is given a fair and impartial trial and not deprived of any of his statutory or onstitutional rights. R $ publi prose utor should re ommend the a /uittal of the a used whose onvi tion is on appeal# if he finds no legal basis to sustain the onvi tion. Tr/ente 83. San0/5an:a4an, (' SCRA ';1 8ts role as the People:s $dvo ate in the $dministration of Fusti e to the end that the inno ent be e/ually defended and set free .ust as it has the tas) of having the guilty punished. Rule E.D?. A la*:er in t&e -overn,ent s&all not use &is pu=li! position to pro,ote or advan!e &is private interests nor allo* t&e latter to inter+ere *it& &is pu=li! duties.

8f the law allows a publi offi ial to pra ti e law on urrently# he must use his publi position to feather his law pra ti e. 8f the law does not allow him to pra ti e his profession# he should not do so indire tly by being a silent partner in a law firm or by se uring legal business for a friend or former asso iate in the a tive pra ti e of law re eiving a share in the attorney:s fees for his efforts. Re6ort of IBP Co**/ttee, 6.#; Aovernment lawyers# who are publi servants owe utmost fidelity to the publi servi e. Publi offi e is a publi trust. They do not shed their professional obligation in assuming publi positions. They should be more sensitive to their professional obligations as their disreputable ondu t is more li)ely to be magnified in the publi eye. Publi offi ials are re/uired to uphold the publi interest over and above personal interest; must dis harge their duties with the highest degree of e- ellen e# professionalism# intelligen e# and s)ill; provide servi e without dis rimination; e-tend prompt# ourteous and ade/uate servi e to the publi ; be loyal to the Republi ; ommit themselves to the demo rati way of life and values; and lead modest lives. 8t is unethi al for a government lawyer to remain se retly onne ted to a law !irm and soli it ases for the said firm with referral fees or monthly retainers for the purpose. Gon7a)e3>A&3tr/a, et a). 83. A:a4a, ", SCRA ,#( $ lawyer who holds a government offi e may not be dis iplined as a member of the (ar for mis ondu t in the dis harge of his duties as a government offi ial. 7owever# if the mis ondu t of a government offi ial is of su h a hara ter as to affe t his /ualifi ation as a lawyer or to show moral delin/uen y# then he may be dis iplined as a member of the (ar upon su h ground. Enr/@&e7 Sr. 83. Hon. G/*ene7, ;" Ph/). !## <nli)e a pra ti ing lawyer who has the right to de line employment# a fis al annot refuse the performan e of his fun tions on grounds not provided for by law without violating his oath of offi e. Rule E.D<. A la*:er s&all not a+ter leavin- -overn,ent servi!e a!!ept en-a-e,ent or e,plo:,ent in !onne!tion *it& an: ,atter in *&i!& &e &ad intervened *&ile in said servi!e.

Various *a:s a -overn,ent la*:er leaves -overn,ent servi!e. *. retirement '. resignation ,. e-piration of the term of offi e 0. dismissal +. abandonment =hat are the pertinent statutory provisions regarding this RuleM Sec. & (d) "8 &/#( as amended and Sec. 2 (b) "8 %2#&. Section &. Corrupt pra ti e of publi offi ers. 8n addition to a ts or omission of publi offi ers already penali"ed by e-isting law# the following shall onstitute orrupt pra ti es of any publi offi er and are hereby de lared to be unlawful; -

25
5d6 a epting or having any member of his family a ept employment in a private enterprise whi h has pending offi ial business with him during the penden y thereof within one year after its termination; Section 2 (b) "8 %2#& prohibits publi offi ial from doing any of the following a ts: *. own # ontrol# manage or a ept employment as offi er# employee# onsultant# ounsel# bro)er# agent# trustee or nominee in any private enterprise regulated# supervised or li ensed by their offi e unless e-pressly allowed by law; These prohibitions shall ontinue to apply for a period of one 5*6 year after resignation# retirement# or separation from publi offi e# e- ept in the ase of subparagraph 5'6 above# but the professional on erned annot pra ti e his profession in onne tion with any matter before the offi e he used to be with# in whi h ase the one year prohibition shall li)ewise apply. Se+t/on , Re6&:)/+ A+t ! ; Dit is a ondition of the pension provided herein that no retiring .usti e or .udge of a ourt of re ord or ity or muni ipal .udge during the time that he is re eiving said pensions shall appear as ounsel in any ourt in any ivil ase wherein the Aovernment or any subdivision or instrumentality thereof is the adverse party# or in any riminal ase wherein an offi er or employee of the Aovernment is a used of an offense ommitted in relation to his offi e# or olle t any fee for his appearan e in any administrative pro eedings to maintain an interest adverse to the Aovernment# national# provin ial or muni ipal# or any of its legally onstituted offi ers.E CHA%TER II 3 THE LAW7ER A2D THE LEGAL %R46ESSI42 CA242 > A la*:er s&all at all ti,es up&old t&e inte-rit: and di-nit: o+ t&e le-al pro+ession and support t&e a!tivities o+ t&e Inte-rated /ar. *acts- $ deed of absolute sale was notari"ed by the father of the buyerIminor who is also the sto )holder and legal ounsel for the vendor and was not duly ommissioned as notary publi of that date. (N&n5a 83. V/ra4, A0*. Ca3e No. ("'1, A6r/) #;, !!!$ "uling $ lawyer brings honor and integrity to the legal profession by faithfully performing his duties to so iety# to the (ar# to the ourts and to his lients. $ member of the legal fraternity should refrain from doing any a t whi h might lessen in any degree the onfiden e and trust reposed by the publi in the fidelity# honesty and integrity of the legal profession.

Canon -!, CPE 7e should e-pose without fear or favor before the Supreme Court orrupt or dishonest ondu t in the profession and should a ept without hesitation employment against a lawyer who has wronged his lient. Rule >.D(. A la*:er s&all =e ans*era=le +or Bno*in-l: ,aBin- a +alse state,ent or suppressin- a ,aterial +a!t in !onne!tion *it& &is appli!ation +or ad,ission to t&e =ar.

In re Ra*on Ga)an5, ,, SCRA -1That the on ealment of an attorney in his appli ation to ta)e the (ar e-aminations of the fa t that he had been harged with# or indi ted for an alleged rime# as a ground for revo ation of his li ense to pra ti e law# is well settled. R&)e #1, Se+. #, RRC No andidate shall endeavor to influen e any member of the ommittee# and during e-aminations the andidates shall not ommuni ate with ea h other nor shall they give or re eive any assistan e. The andidates who violates this prohibition or any other provision of this rule# shall be barred from the e-amination# and the same to ount as a failure against him# and further dis iplinary a tion# in luding permanent dis/ualifi ation# may be ta)en in the dis retion of the ourt. Rule >.D?. A la*:er s&all not support t&e appli!ation +or ad,ission to t&e =ar o+ an: person Bno*n =: &i, to =e un5uali+ied in respe!t to !&ara!ter edu!ation or ot&er relevant attri=ute.

26
Canon -!, CPE $ lawyer should aid in guarding the (ar against admission to the profession of andidates unfit or un/ualified for being defi ient in either moral hara ter or edu ation. Publi poli y re/uires that the pra ti e of law be limited to those individuals found duly /ualified in edu ation and hara ter. The permissive right onferred on the lawyer is an individual and limited privilege sub.e t to withdrawal if he fails to maintain proper standards of moral and professional ondu t. Rule >.D<. A la*:er s&all not en-a-ed in !ondu!t t&at adversel: re+le!ts on &is +itness to pra!ti!e la* nor s&all &e *&et&er in pu=li! or private li+e =e&ave in a s!andalous ,anner to t&e dis!redit o+ t&e le-al pro+ession.

Me)en0re7 83. De+ena, ", SCRA ,,$ lawyer who ommits an unlawful a t though not related to the dis harge of his professional duties as a member of the (ar# whi h puts his moral hara ter is serious doubt# renders him unfit to ontinue in the pra ti e of law. In re% Pe)ae7, (( Ph/). '," The grounds for dis iplinary a tions enumerated under the Rules of Court are not e- lusive and are so broad as to over pra ti ally any mis ondu t of a lawyer in his professional or private apa ity. To)o7a 83. Car5o, " SCRA $s offi ers of the ourt# lawyers must not only in fa t be of good moral hara ter but also be seen of good moral hara ter and leading lives in a ordan e with the highest moral standards of the ommunity. CA242 G A la*:er s&all !ondu!t &i,sel+ *it& !ourtes: +airness and !andor to*ard &is pro+essional !ollea-ues and s&all avoid &arassin- ta!ti!s a-ainst opposin- !ounsel. The golden rule is mu h more needed in the legal profession than in any other profession for a better administration of .usti e. Y&)o 83. Yan5 Ch/ao Sen5, ;, Ph/). ; ( !'!$ 7e should not ta)e advantage of the e- usable unpreparedness or absen e of ounsel during the trial of a ase. Canon !, CPE $ lawyer should not in any way ommuni ate upon the sub.e t of ontroversy with a party represented by ounsel# mu h less should he underta)e to negotiate or ompromise the matter with him# but should deal only with his ounsel. Rule G.D(. A la*:er s&all not in &is pro+essional dealin-s use lan-ua-e *&i!& is a=usive o++ensive or ot&er*ise i,proper.

A.B.A. O6. " (9an. -#, !#;$ The fa t that one of them ondu ts himself improperly does not relieve the other from the professional obligation in his relation with him. Re6ort of IBP Co**/ttee, 6. ( $ny )ind of language whi h atta )s without foundation and integrity of the opposing ounsel or the dignity of the ourt may be stri )en off the re ords or may sub.e t a lawyer to dis iplinary a tion. S&r/5ao M/nera) Re3er8at/on Boar0 83. C)or/:e), # SCRA 9isrespe tful# abusive and abrasive language# offensive personality# unfounded a usations or intemperate words tending to obstru t# embarrass or influen e the ourt in administering .usti e# or to bring it into disrepute have no pla e in a pleading. Their employment serves no useful purpose and on the ontrary onstitutes dire t ontempt or ontempt in facie uriae. In re% Go*e7, (# Ph/). #", $ lawyer who uses intemperate# abusive# abrasive or threatening language portrays disrespe t to the ourt# disgra es the (ar and invites the e-er ise by the ourt of its dis iplinary power. In re% C)/*a+o, '' SCRA ;"

27
$ lawyer:s language should be for eful but dignified# emphati but respe tful as befitting an advo ate and in )eeping with the dignity of the legal profession. Nat/ona) Se+&r/t4 Co. 83. 9ar8/3 The lawyer:s arguments# whether written or oral# should be gra ious to both the ourt and opposing ounsel and be of su h words as may be properly addressed by one gentleman to another. Rhee* of the Ph/)/66/ne3 83. Ferrer, -; SCRA (( 3a ) of want of intention is no e- use for the disrespe tful language employed. Counsel annot es ape responsibility by laiming that his words did not mean what any reader must have understood them as meaning. Rule G.D?. A la*:er s&all not dire!tl: or indire!tl: en!roa!& upon t&e pro+essional e,plo:,ent o+ anot&er la*:erL &o*ever it is t&e ri-&t o+ t&e la*:er *it&out +ear or +avor to -ive proper advi!e and assistan!e to t&ose seeBin- relie+ a-ainst un+ait&+ul or ne-le!t+ul !ounsel.

$ lawyer should not steal the other lawyer:s lient nor indu e the latter to retain him by a promise of better servi e# good result or redu ed fees for his servi es. Neither should he disparage another# ma)e omparisons or publi i"e his talent as a means to feather his law pra ti e. La6&t 83. Re*ot/5&e, , SCRA (' ( !,-$ 8t is# however# the right of a lawyer# without fear or favor# to give proper advi e to those see)ing relief against unfaithful or negle tful ounsel. 7e may properly a ept employment to handle a matter whi h has been previously handled by another lawyer# provided that the other lawyer has been given noti e by the lient that his servi es have been terminated. In re% Sor/ano, ## SCRA 1; ( !";$ - - - (efore ta)ing over a ase handled by a peer in the (ar# a lawyer is en.oined to obtain the onformity of the ounsel whom he would substitute. $nd if this annot be had# then he should# at the very least# give noti e to su h lawyer of the ontemplated substitution. 7is entry of appearan e in the ase without the onsent of the first lawyer amounts to an improper en roa hment upon the professional employment of the original ounsel. In re% C)e*ente M. Sor/ano, ## SCRA 1; ( !";$ $ lawyer who has a /uired )nowledge of the malpra ti es of a member of a (ar# has the duty to the publi and to the legal profession to inform the Supreme Court or the 8(P of su h malpra ti es to the end that the malpra titioner be properly dis iplined. Canon ", CPE $ lient:s proffer of assistan e of additional ounsel should not be regarded as eviden e of want of onfiden e# but the matter should be left to the determination of the lient. 7e should de line asso iation as a olleague if it is ob.e tionable to the original ounsel# but if the lawyer first retained is relieved# he may ome into the ase. CA242 ; A la*:er s&all not dire!tl: or indire!tl: assist in t&e unaut&oriJed pra!ti!e o+ la*. R&)e " , 3e+.# (e$, Re8/3e0 R&)e3 of Co&rt The a t of pretending or assuming to be an attorney or an offi er of the ourt and a ting as su h without authority is punishable with ontempt of ourt. The lawyer who assists in an unauthori"ed pra ti e of law whether dire tly or indire tly is sub.e t to dis iplinary a tion. Rule ;.D( A la*:er s&all not dele-ate to an: un5uali+ied person t&e per+or,an!e o+ an: tasB *&i!& =: la* ,a: onl: =e per+or,ed =: a ,e,=er o+ t&e /ar in -ood standin-.

G&:a))a 83. Ca5&/oa, "1 SCRA #;$ lawyer is prohibited from ta)ing as partner or asso iate any person who is not authori"ed to pra ti e law Q to appear in ourt or to sign pleadings. $ lawyer# who is under suspension from pra ti e of law is not a member of the (ar in good standing. $ lawyer whose authority to pra ti e has been withdrawn due to a hange in iti"enship or allegian e to the ountry annot appear before the ourts.

28

Co**ent3 of IBP Co**/ttee, 66. (">(1 $ lawyer an employ lay se retaries# lay investigators# lay dete tives# lay resear hers# a ountants or nonIlawyer draftsmen# to underta)e any tas) not involving pra ti e of law. 7e may also avail himself of the assistan e of law students in many of the fields of the lawyer:s wor)# su h as the e-amination of a ase law# finding and interviewing witness# e-amining ourt re ords# delivering papers# and similar matters. Rule ;.D?. A la*:er s&all not divide or stipulate a +ee +or le-al servi!e *it& persons not li!ensed to pra!ti!e la* e0!ept. a. *&ere t&ere is a preFe0istin- a-ree,ent *it& t&e partner or asso!iate t&at upon t&e latterAs deat& ,one: s&all =e paid over a reasona=le period o+ ti,e to &is estate or to persons spe!i+ied in t&e a-ree,entL or =. *&ere a la*:er undertaBes to !o,plete un+inis&ed le-al =usiness o+ a de!eased la*:erL or !. *&ere t&e la*:er or la* +ir, in!ludes nonFla*:er e,plo:ees in a retire,ent plan even i+ t&e plan is =ased in *&ole as in part on a pro+itFs&arin- arran-e,ent.

F/8e 9 TaE/ 8. NLRC $s a nonIlawyer# Pulia is not entitled to attorney:s fees even though he is the authori"ed representative of the respondents to the N3RC. The e-isten e of an attorney:s fee imputes an attorneyI lient relationship. This annot happen between Pulia and respondents. CHA%TER III 3 THE LAW7ER A2D THE C4URTS CA242 (D A la*:er o*es !andor +airness and -ood +ait& to t&e !ourt. Lan5en 83. BorBo=3B/, 11 </3 -"", (# ALR ,-- ( !-'$ $ lawyer owes the ourt the duty to render no servi e or to do no a t *. whi h involves disrespe t to the .udi ial offi e '. adoption of legal proposition whi h is not honestly debatable ,. artifi e or false statement of fa t or law to mislead the ourt 0. unlawful onspira y with his lient# a third person or a .udge tending to frustrate or delay the administration of .usti e or to se ure for his lient that whi h is not legally or .ustly due him A.B.A. O6. -1; F Canon ', ' of CPE $ lawyer# however# though an offi er of the ourt and harged with the duty of andor and fairness# is not an umpire but an advo ate. 7e is under no duty to refrain from ma)ing every proper argument in support of any legal point be ause he is not onvin ed of its inherent soundness. 7is personal belief in the soundness of his ause or of the authorities supporting it is irrelevant. M&Go7 83. Peo6)e, '# SCRA !; The burden ast on the .udi iary would be intolerable if it ould not ta)e at fa e value what is asserted by ounsel. The time that will have to be devoted .ust to the tas) of verifi ation of allegations submitted ould easily be imagined. 4ven with due re ognition then that ounsel is e-pe ted to display the utmost "eal in defense of a lient:s ause# it must never be at the e-pense of deviation from the truth. Rule (D.D(. A la*:er s&all not do an: +alse&ood nor !onsent to t&e doin- o+ an: in !ourtL nor s&all &e ,islead or allo* t&e Court to =e ,islead =: an: arti+i!e.

Peo6)e 83. Mano:o, 1 SCRA #; ( !!,$ $ lawyer should not# in the defense of his lient# put a witness on the stand whom he )nows will give a false testimony. 7e should not distort the fa ts in disregard of the truth and the law nor ma)e improvident arguments based thereon or on the fa ts on re ord. So,e Cases o+ 6alse&oods W&i!& 1erited Dis!ipline *. 3awyers falsely stating in a deed of sale that property is free from all liens and en umbran es when it is not so (Se8/))a 83. Do)eta, !, Ph/). !"!$A '. 3awyers ma)ing it appear that a person# long dead# e-e uted a deed of sale in his favor (Montere4 83. Ara4ata, , Ph/). 1-;6;

29

,. 3awyer# en ashing a he ) payable to a de eased ousin by signing the latter:s name on the he ) (In re% Sa*an/e5o, !; Ph/). #1-$A 0. 3awyer falsifying a power of attorney and used it in olle ting the money due to the prin ipal and appropriating the money for his own benefit (In re% R&3/na, ;' Ph/). #-1$A +. 3awyer alleging in one pleading that his lients were merely lessees of the property involved# and alleged in a later pleading that the same lients were the owners of the same property (Cha8e7 83. V/o)a, G.R. - '-, ! A6r/) !! 6 where there are false allegations in peadlings. 1. 3awyer uttering falsehood in a Cotion to 9ismiss (Mart/n 83. Moreno, -! SCRA # '$. &. 3awyer denying having re eived the noti e to file brief whi h is belied by the return ard (Ra5a+eHo 83. IAC, '# SCRA (,-$. 2. 3awyer presenting falsified do uments in ourt whi h he )nows to be false (Ba&t/3ta 83. Gon7a)e3, 1- SCRA ' $ or introdu ing false eviden e (Berren5&er 83. Carran7a, -, SCRA ,"#$. %. 3awyer filing false harges or groundless suits (Ret&4a 83. Gor0&/7, !, SCRA '-,$. Art. 1(, Re8/3e0 Pena) Co0e $ny person who shall )nowingly offer in eviden e a false witness or testimony in any .udi ial or offi ial pro eeding# shall be punished as guilty of false testimony and shall suffer the respe tive penalties provided in this se tion. Rule (D.D?. A la*:er s&all not Bno*in-l: ,is5uote or ,isrepresent t&e !ontents o+ a paper t&e lan-ua-e or t&e ar-u,ent o+ opposin- !ounsel or t&e te0t o+ t&e de!ision or aut&orit: or Bno*in-l: !ite as la* a provision alread: rendered inoperative =: repeal or a,end,ent or assert as a +a!t t&at *&i!& &as not =een proved.

In3&)ar L/fe A33&ran+e Co. E*6)o4ee3 A33o+/at/on 8. In3&)ar L/fe A33&ran+e Co., #" SCRA -(( ( !" $ - - - in iting the Court:s de ision and rulings# it is the duty of ourts# .udges and lawyers to reprodu e or opy the same wordIforIword and pun tuation mar)IforIpun tuation mar). ---. $rti le 2 of Civil Code reads: DFudi ial de isions applying or interpreting the laws or the Constitution shall form part of the legal system of the Philippines.E 4ver present is the danger that if not faithfully and e-a tly /uoted# the de isions and rulings of the SC may lose their proper and orre t meaning# to the detriment of other ourts# lawyers and publi who may thereby be misled. A0e7 Rea)t4 8. CA, - ' SCRA #; ( !!-$ - - - The legal profession demands that lawyers thoroughly go over pleadings# motions# and other do uments di tated or prepared by them# typed or trans ribed by their se retaries or ler)s# before filing them with the ourt. 8f a lient is bound by the a ts of his ounsel# with more reason should ounsel be bound by the a ts of his se retary who merely follows his orders. Bano5on 83. Derna, '( SCRA '!# 3awyers must not intentionally misread or interpret the law to the point of distortion in unning effort to a hieve their purposes. Rule (D.D<. A la*:er s&all o=serve t&e rules o+ pro!edure and s&all not ,isuse t&e, to de+eat t&e ends o+ Custi!e.

A5&/na)0o 83. A5&/na)0o, #, SCRA #" The aim of the lawsuit is to render .usti e to the parties a ording to law. Pro edural rules are pre isely designed to a ompli e su h a worthy ob.e tive. Ne essarily# therefore# any attempt pervert the ends for whi h they are intended deserves ondemnation. Can)a3 83. Co&rt of A66ea)3, ,( SCRA ,; $ litigation is not a game of te hni alities of whi h one# more deeply s hooled and s)illed in the subtle art of movement and position# entraps and destroys the other. 8t is rather# a ontest in whi h ea h ontending party fully and fairly lays before the ourt the fa ts in issue and then# brushing aside as wholly trivial and inde isive all imperfe tions of form and te hni alities of pro edure# as)s that .usti e be done upon merits.

30

Ma+/a3 83. U4 I/*, (' SCRA -' Pro edural rules are instruments in the speedy and effi ient administration of .usti e. They should be used to a hieve su h end and not to derail it. Thus# the filing by a lawyer by a multiple petitions regarding the same sub.e t matter onstitutes abuse of the ourt:s pro esses and improper ondu t that tends to obstru t and degrade the administration of .usti e. Gar+/a 83. Fran+/3+o, --; SCRA ' - ( !!#$ $ lawyer should not abuse his right of re ourse to the ourts for the purpose of arguing a ause that had been repeatedly rebuffed. Neither should he use his )nowledge of law as an instrument to harass a party nor to misuse .udi ial pro esses# as the same onstitutes serious transgression of the Code of Professional Responsibility. !or while he owes fidelity to the ause of his lient# it should not be at the e-pense of truth and the administration of .usti e. Go*e7 83. Pre3/0/n5 9&05e, -(! SCRA (#- ( !!'$ $s an offi er of the ourt# a lawyer should not misuse the rules of pro edure to defeat the ends of .usti e or unduly delay or impede the e-e ution of final .udgment# otherwise he may be sub.e ted to dis iplinary san tions. CA242 (( A la*:er s&all o=serve and ,aintain t&e respe!t due to t&e !ourts and to Cudi!ial o++i!ers and s&ould insist on si,ilar !ondu!t =: ot&ers. $ lawyer is an offi er of the ourt (Sa)+e0o 83. Hernan0e7, , Ph/). "-($. 7e o upies a /uasiI.udi ial offi e with a tripartite obligation to the ourts# to the publi and to his lients . (Cantorne 83. D&+o3/n, '" Ph/). -#$. The publi duties of the attorney ta)es pre eden e over his private duties. 7is first duty is to the ourts. =here duties to the ourts onfli t with his duties to his lients# the latter must yield to the former (Lan5en 83. BorBo=3B/, (# ALR ,--$. The respe t is not only toward the Fusti es and Fudges but also to other offi ers of the Courts li)e Cler) of Court# Sheriffs and other .udi ial offi ers who ta)e part in the .udi ial wor). *acts- $ lawyer files groundless administrative harges against a .udge who has rendered an unfavorable .udgment against him for purposes of harassing said .udge and in hopes that su h administrative harges will se ure a favorable .udgment from the appellate ourts whi h have ta)en ogni"an e of the latter:s appeal. (Choa 83. Ch/on53on, -,; SCRA ("", A&5&3t !, !!,$. "ulingS $ny riti ism against a .udge made in the guise of an administrative omplaint whi h is learly unfounded and implied by ulterior motive will not e- use the lawyer responsible therefore under his duty of fidelity to his lient. S 3awyers# as offi ers of the ourt# should not en ourage groundless administrative against ourt offi ers and employees. ases

G&errero 8. V/))a*or, "! SCRA #'' ( !1!$ - - - The power to punish for ontempt should be used sparingly# so mu h so that .udges should always bear in mind that the power of the ourt to punish for ontempt should be e-er ised for purposes that are impersonal. 8t is intended as a safeguard not for .udges as persons but for the fun tions that they e-er ise. - - - (e that as it may# lawyers# on the other hand# should bear in mind their basi duty Dto observe and maintain the respe t due to the ourts of .usti e and .udi ial offi ers and --- to insist on similar ondu t by others. A:/era 8. Ma+e0a, -## SCRA '-; ( !!($ - - - Complainant should be reminded of his primary duty to assist the ourt in the administration of .usti e. 8t bears stressing that the relations between ounsel and .udge should be based on mutual respe t and on a deep appre iation by one of the duties of the other. 8t is upon their ordial relationship and mutual ooperation that the hope of our people for speedy and effi ient .usti e rests. De Leon 83. Torre3, !! Ph/).(,# 7owever erroneous they may be# ourt orders must be respe ted by lawyers who are themselves offi ers of the ourt. Rule ((.D(. A la*:er s&all appear in !ourt properl: attired.

31
3awyers who appear in ourt must be properly attired. The traditional attires for male lawyers in the Philippines are the longIsleeve (arong Tagalog or oat and tie. !emale lawyers appear in a semiIformal attires. Fudges also appear in the same attire in addition to bla ) robes. The Court an hold the lawyer in ontempt of ourt if he appears not in proper attire. Rule ((.D?. A la*:er s&all pun!tuall: appear at !ourt &earin-s.

Counsel may even be held in ontempt in oming late in the hearing or trial of ase (R&)e " , Se+t/on # (a$ RRC$ or for failing to appear in a trial (Peo6)e 83. Ga5&), - SCRA "'-$. Cante)an5 83. Me0/na, ! SCRA (;# ( !"!$ 7e owes it not only to his lient but to the ourt and the publi as well to be pun tual in attendan e and to be on ise and dire t in the trial and disposition of auses. Rule ((.D<. A la*:er s&all a=stain +ro, s!andalous o++ensive or ,ena!in- lan-ua-e or =e&avior =e+ore t&e Courts.

S&r/5ao M/nera) Re3er8at/on Boar0 83. C)or/:e), # SCRA ( !"; 6 $ lawyer:s language should be for eful but dignified# emphati but respe tful as befitting an advo ate and in )eeping with the dignity of the legal profession. $ lawyer who uses intemperate# abusive# abrasive or threatening language shows disrespe t to the ourt# disgra es the bar and invites the e-er ise by the ourt of its dis iplinary power. B&ena3e0a 83. F)a8/er, --, SCRA ,(', ""; ( !!#$ The language of a lawyer# both oral and written# must be respe tful and restrained in )eeping with the dignity of the legal profession and with his behavioral attitude toward his brethren in the profession. The use of abusive language by ounsel against the opposing ounsel onstitutes at the same time a disrespe t to the dignity of the ourt .usti e. Coreover# the use of impassioned language in pleadings# more often than not# reates more heat than light. BaHa 83. Ma+an0o5, '1 SCRA #! ( !11$ 8t must not# however# forgotten that a lawyer pleads; he does not di tate. 7e should be ourageous# fair and ir umspe t# not petulant or ombative or belli ose in his dealings with the ourt. San5a)an5 8. IAC, "" SCRA 1" ( !1!$ - - - $tty. Sang o is entitled to his opinion# but not to a li ense to insult the Court with derogatory statements and re ourses to Dargumenta ad hominemE. - - - Of ourse# the Court is not unre eptive to omments and riti/ue of its de isions# provided that they are fair and dignified. Para5a3 83. Cr&7, ( SCRA 1;! $ mere dis laimer of any intentional disrespe t by appellant is no ground for e-oneration. 7is intent must be determined by a fair interpretation of the languages by him employed. 7e annot es ape responsibility by laiming that his words did not mean what any reader must have understood them as meaning. Da)0/8ar 83. Gon7a)e3, ,, SCRA # , The lawyer:s duty to render respe tful subordination to the ourts is essential to the orderly administration of .usti e. 7en e# in the assertion of the lient:s rights# lawyers Q even those gifted with superior intelle t# are en.oined to rein up their tempers. Rule ((.D). A la*:er s&all not attri=ute to a Jud-e ,otives not supported =: t&e re!ord or &ave no ,aterialit: to t&e !ase.

Ma+e0a 83. O*:&03*an, G.R. No. ;-"1 , A6r/) --, !!# $ lawyer has the duty to defend a .udge from unfounded riti ism or groundless personal atta ). This is irrespe tive of whether he loses or wins his ases in the sala of a .udge. 7owever# su h duty does not prevent a lawyer from filing administrative omplaints against erring .udges or from a epting ases of lients who have legitimate grievan es against them. 8n doing so# the omplaint must be filed with proper authorities only# that is# with the Supreme Court 5through the Offi e of the Court $dministrator6# if the ase is administrative in

32
nature# or with the Offi e of the Ombudsman if the administrative in nature. omplaint is riminal and not purely

In re% A5&a3, Ph/). There are times when it is the .udge who misbehaved during a ourt pro eeding. The affe ted lawyer may demand that the in ident be made of re ord. This a t of the lawyer is not ontemptuous. Peo6)e 83. Car/))o, "" Ph/). '1# Counsel must be ourageous enough to point out errors# arbitrariness# and in.usti es of ourts and .udges. The fear of provo)ing displeasure of the affe ted .udges must not deter them from omplying with their ivil and legal duty to ob.e t to# oppose# and protest against illegal or erroneous .udi ial de isions# resolutions# a ts or ondu t. Fudges and tribunals are not infallible. In re% A)*a+en, # SCRA ',- ( !";$ ? - - 4very iti"en has the right to omment upon and riti i"e the a tuations of publi offi ers. This right is not dismissed by the fa t that the riti ism is aimed at a .udi ial authority# or that it is arti ulated by a lawyer. Su h right is espe ially re ogni"ed where the riti ism on erns a on luded litigation# be ause then the ourt:s a tuations are thrown open to publi onsumption. Courts thus treats with forbearan e and restraint a lawyer who vigorously assails their a tuations for ourageous and fearless advo ates are the strands that weave durability into the tapestry of .usti e. 7en e as iti"en and offi er of the ourt# every lawyer is e-pe ted not only to e-er ise the right# but also to onsider it his duty to e-pose the short omings and indis retions of ourts and .udges. (ut it is the ardinal ondition of all su h riti ism that it shall be bona fide# and shall not spill over the walls of de en y and propriety. Post litigation utteran es or publi ations made by lawyers# riti al of the ourts and their .udi ial a tuations# whether amounting to a rime or not# whi h trans end the permissible bounds of fair omment and legitimate riti ism and thereby tend to bring them into dispute or to subvert publi onfiden e in their integrity and in the orderly administration of .usti e# onstitute grave professional mis ondu t whi h may be visited with disbarment or other lesser appropriate dis iplinary san tions by the SC in the e-er ise of the prerogatives inherent in it as the duly onstituted guardian of the morals and ethi s of the legal fraternity. - - - 8t is not a urate to say# nor is it an obsta le to the e-er ise of the Court:s authority in the premises# that# as $tty. $lma en would have appear# the members of the Court are the D omplainants# prose utors and .udgesE all rolled up into one in this instan e. This is an utter misapprehension# if not a total distortion# not only of the nature of the pro eeding at hand but also of the Court:s role therein. $ ent should be laid on the fa t that dis iplinary pro eedings li)e the present are sui generis. Neither purely ivil nor riminal# this pro eeding is not and does not involve a trial of an a tion or a suit# but is rather an investigation by the Court into the ondu t of its offi ers. Not being intended to infli t punishment# it is in no sense a riminal prose ution. $ ordingly# there is neither a plaintiff nor a prose utor therein. 8t may be initiated by the ourt motu proprio. Publi interest is its primary ob.e tive# and the real /uestion for determination is whether or not the attorney is still a fit person to be allowed the privileges as su h. 7en e# in the e-er ise of its dis iplinary a tuations as an offi er of the Court with the end in view of preserving the purity of the legal profession and the proper and honest administration of .usti e by purging the profession of members who by their mis ondu t have proved themselves no longer worthy to be entrusted with the duties and responsibilities pertaining to the offi e of the attorney. 8n su h posture# there an thus be no o asion to spea) of a omplainant or a prose utor. Choa 83. Ch/on53on, -,; SCRA ("" ( !!,$ The right of a lawyer to omment on a pending litigation or to impugn the impartiality of a .udge to de ide it is mu h ir ums ribed. =hat he an ordinarily say against a on luded litigation and the manner the .udge handed down the de ision therein may not generally be said to a pending a tion. The ourt# in a pending litigation# must be shielded from embarrassment or influen e in its all important duty of de iding the ase. In re% Lo7ano, '( Ph/). 1; $ lawyer envoys a wider latitude of omment on risis or riti ism of the .udge:s de ision or his a tuation. 8t has been held that a newspaper publi ation tending to impede# obstru t# embarrass or influen e the ourts in administering .usti e in a pending ase onstitutes riminal ontempt# but the rule is otherwise after the litigation is ended. *acts- $tty. ?# while trying his lient:s ase# filed several manifestations whi h ontained veiled threats against ourt. 7e also imputed that the ourt should de ide in his favor to help dispel the image of the ourt as being omposed of only the elite but who are nonetheless ignorant. (In re% Pon+/ano B. 9a+/nto, '! SCRA (" , A6r/) ,, !!1$

33
"ulingS Repeatedly insulting and threatening the Court in a most boorish and insolent manner# ma)ing irresponsible harges and insinuations that besmir h the highest tribunal and undermine popular faith in its integrity# refle ts a super ilious and ontemptuous regard for the Court# whi h annot be left unnoti ed and unpunished. Rule ((.D". A la*:er s&all su=,it -rievan!es a-ainst a Jud-e to t&e proper aut&orities onl:.

Con3t., Art. VIII Se+. , The Supreme Court shall have administrative supervision over all ourts and personnel thereof. Ma+e0a 8. Va3@&e7, -- SCRA (,( ( !!#$ - - - $rt. @88 Se . 1 of the *%2& Constitution e- lusively vests in the Supreme Court administrative supervision over all ourts and ourt personnel# from the Presiding Fusti e of the Court of $ppeals down to the lowest muni ipal ourt ler). (y virtue of this power# it is only the SC that an oversee the .udges: and ourt personnel:s omplian e with all laws# and ta)e the proper administrative a tion against them if they ommit any violation thereof. No other bran h of the government may intrude into this power# without running afoul of the do trine of the separation of powers. The Ombudsman annot .ustify its investigation of petitioner on the powers granted to it by the Constitution# for su h a .ustifi ation not only runs ounter to the spe ifi mandate of the Constitution granting supervisory powers to the SC# but li)ewise undermines the independen e of the .udi iary. --- --- where a riminal omplaint against a .udge or other ourt employee arises from their administrative duties# the Ombudsman must defer a tion on said omplaint and refer the same to the Court for determination whether said .udge or ourt employee had a ted within the s ope of their administrative duties. Ma5)a3an5 8. Peo6)e, !; SCRA #;, ( !!;$ ? - - The Supreme Court is supreme Q the third great department of government entrusted e- lusively with the .udi ial power to ad.udi ate with finality all .usti iable disputes# publi and private. No other department or agen y may pass upon its .udgment or de lare them Dun.ustE. Conse/uently and owing to the foregoing# not even the President of the Philippines as Chief 4-e utive may pass .udgment on any of the Court:s $ ts. Ur:/na 83. Ma+eren, '" SCRA (;# ( !"($ The duty of the bar to support the .udge against un.ust riti ism and lamor does not# however# pre lude a lawyer from filing administrative omplaints against erring .udges or from a ting as ounsel for lients who have legitimate grievan es against them. (ut the lawyer should file harges against the .udge before the proper authorities only and only after proper ir umspe tion and without the use of disrespe tful language and offensive personalities so as not to unduly burden the ourt in the dis harge of its fun tions. CA242 (? A la*:er s&all e0ert ever: e++ort and !onsider it &is dut: to assist in t&e speed: and e++i!ient ad,inistration o+ Custi!e. R&)e #1, S. -; (5$ 8t is the duty of attorneys not to en ourage suits or delay any man:s ause from any orrupt motive or interest. Con3t., Art. III, Se+. , $ll persons have the right to speedy disposition of their ases before all .udi ial# /uasiI .udi ial or administrative bodies. Peo6)e 83. 9ar0/n, -( SCRA ," The dilatory ta ti s of the defense ounsel and the failure of both the .udge and the fis al to ta)e effe tive ounter measures to obviate the delaying a ts onstitute obstru tion of .usti e. Cantorne 83. D&+o3/n, '" Ph/). -# ( !#-$ $ny a t on the part of a lawyer that obstru ts# perverts or impedes the administration of .usti e onstitutes mis ondu t and .ustifies dis iplinary a tion against him Rule (?.D(. A la*:er s&all not appear +or trial unless &e &as ade5uatel: prepared &i,sel+ on t&e la* and t&e +a!ts o+ &is !ase and t&e eviden!e &e *ill addu!e and t&e order o+ its pro++eren!e. He s&ould also =e read: *it& t&e ori-inal do!u,ents +or !o,parison *it& t&e !opies.

34
$ lawyer is not ade/uately prepared unless he has a mastery of the fa ts of his ase# the law and .urispruden e appli able thereto and upon whi h he an appropriately an hor his theory or instan e. 7e must have ollated every pie e of eviden e essential to establish his ase and essential to demolish the pretense of the opponent:s theory and apable of presenting and offering his eviden e in an orderly and smooth manner without provo)ing valid ob.e tions. V/))a3/3 83. Co&rt of A66ea)3, ,; SCRA -; $ newly hired ounsel who appears in a ase in the midstream is presumed and obliged to a /uaint himself with all the ante edent pro esses and pro eedings that have transpired in the re ord prior to his ta)eover. Mart/nJ3 Le5a) Eth/+3, 6. (", !11 e0. 7alf of the wor) of the lawyer is done in the offi e. 8t is spent in the study and resear h. 8nade/uate preparation obstru ts the administration of .usti e. Rule (?.D? A la*:er s&all not +ile ,ultiple a!tions arisin- +ro, t&e sa,e !ause.

Restri tions are intended to prevent Kfor&*>3ho66/n5L 5whi h is the improper pra ti e of going from one ourt to another in the hope of se uring a favorable relief in one ourt whi h another ourt has denied6. 6oru, S&oppin- e-ists when as a result of an adverse opinion in one forum: a. a party see)s favorable opinion 5other than by appeal or ertiorari6 in another# or b. when he institutes two or more a tions or pro eedings grounded on the same ause# on the gamble that one or the other would ma)e a favorable disposition (Ben5&et E)e+tr/+ Cor6. 83. F)ore3 -1" SCRA ((!, Mar+h -, !!1$. F/r3t Ph/). Internat/ona) BanB 83. Co&rt of A66ea)3, -'- SCRA -'! ( !!,$ The test in determining whether a party has violated the rule against forum shopping is*. whether the elements of litis pendentia are present; or '. whether a final .udgment in one ase will amount to res Budicata in the other. Pare0e3 83. San0/5an:a4an, -'- SCRA ,( ( !!,$ The mere filing of several ases based on the same in ident does not ne essarily onstitute forum shopping. The /uestion is whether the several a tions filed involve the same transa tions# essential fa ts and ir umstan es. 8f they involve essentially different fa ts# ir umstan es and auses of a tion# there is no forum shopping. Gar+/a 83. Fran+/3+o, AC No. #!-#, Mar+h #;, !!# $ lawyer owes fidelity to the ause of his lient but not at the e-pense of truth and the administration of .usti e. (y grossly abusing his right of re ourse to the ourts for the purpose of arguing a ause that had been repeatedly rebuffed# he was disdaining the obligation of the lawyer to maintain only su h a tions or pro eedings# as appear to him to be .ust and su h defenses only as he believes to be honestly debatable under the law. (y violating his oath not to delay any man for money or mali e# he has besmir hed the name of an honorable profession and has proved himself unworthy of the trust reposed to him by law as an offi er of the Court. T&ree Wa:s in *&i!& t&e 6oru, S&oppin- is Co,,itted. *. Aoing from one ourt to another in the hope of se uring a favorable relief in one ourt# whi h another ourt has denied. '. !iling repetitious suits or pro eeding in different ourts on erning the same sub.e t matter after one ourt has de ided the suit with finality. ,. !iling a similar ase in a .udi ial ourt after re eiving an unfavorable .udgment from an administrative tribunal. La3t 6ar., Se+. ', R&)e ", ROC !ailure to omply with the re/uirements for# the submission of a ertifi ation against forum shopping in initiatory pleadings shall not be urable by mere amendment of the omplaint or other initiatory pleading# but shall be ause for the dismissal of the ase without pre.udi e# unless otherwise provided# upon motion and after hearing. The submission of a false certification or non$compliance with any of the underta,ings in a certification of no forum shopping *. shall onstitute indire t ontempt of ourt '. without pre.udi e to the orresponding administrative and riminal a tions

35
f the acts of the party or his counsel clearly constitute willful and deliberate forum shopping, the same shall be*. ground for summary dismissal with pre.udi e; and shall '. onstitute dire t ontempt# as well as ,. ause for administrative san tions. 8. Theresa gave birth to a baby boy by aesarian operation. $ wee) after her dis harge from the hospital# she felt in essant pain in her abdomen and# upon onsultation with an obstetri ian# it was dis overed that a medi al instrument and a swab of otton were left inside her abdomen by the do tor who ondu ted the aesarian operation. Theresa then filed a riminal ase against the do tor in the RTC and an administrative ase with the Professional Regulations Commissions. 7aving been informed of the filing of the ase in the RTC of whi h you were the presiding .udge and before the PRC almost simultaneously# how would you dispose of the riminal ase in your ourtM A. 8 would pro eed with the hearing of the riminal ase. There is no forum shopping in this ase be ause the two a tions are based on different auses of a tion. The ase before the PRC is based on malpra ti e while the riminal ase in the RTC is based on negligen e. ? sustained physi al in.uries due to a motor vehi le ollision between the ar he was driving and the publi utility bus# re/uiring her onfinement for ,> days at $(C hospital. $fter her release from the hospital# she filed a rminal omplaint against the bus driver for serious physi al in.uries through re )less impruden e before the Ca)ati Prose utor:s Offi e. She also filed ivil omplaint before the ParaTa/ue RTC against the bus driver and operator for ompensatory# moral# e-emplary and other damages. $side from the two omplaints# she additionally filed an administrative omplaint against the bus operator with the 3T!R( for an ellation or suspension of the operator:s fran hise. =ould you say that she and her lawyer were guilty of forumIshoppingM NO. There is no forumIshopping in the simultaneous filing of riminal ase and a ivil ase in this instan e. $rt. ,, of the Civil Code allows the filing of an in.ured party of a ivil a tion for damages entirely separate and distin t from the riminal a tion in ases of defamation# fraud and physi al in.uries. There is also no forumIshopping involved in filing administrative omplaint against the operator of 3T!R(. 8t is for a different ause of a tion# the an ellation or suspension of operator:s fran hise. A la*:er s&all not a+ter o=tainin- e0tensions to +ile pleadin-s ,e,oranda or =rie+s let t&e period lapse *it&out su=,ittin- t&e sa,e or o++erin- an e0planation +or &is +ailure to do so.

8.

A.

Rule (?.D<.

A+ha+o3o 83. Co&rt of A66ea)3, ' SCRA (-( The ourt ensures the pra ti e of ounsels who se ures repeated e-tensions of time to file their pleadings and thereafter simply let the period lapse without submitting the pleading on even an e-planation or manifestation of their failure to do so. There e-ists a brea h of duty not only to the ourt but also to the lient. Rule (?.D). A la*:er s&all not undul: dela: a !ase i,pede t&e e0e!ution o+ a Cud-,ent or ,isuse Court pro!esses.

The aim of a suit is to render .usti e to the parties a ording to law and free from the law:s delay. Rules of pro edure are designed to a omplish su h ob.e tive. $ lawyer should use the rules for this purpose and not for its frustration. The lawyer has the duty to temper his lient:s propensity to litigate. 8f a lawyer is honestly onvin ed of the futility of an appellate review or appeal in a ivil suit he should not hesitate to inform his lient that most li)ely the verdi t would not be altered. Gar+/a 8. Fran+/3+o, --; SCRA ' - ( !!#$ ? - - $ lawyer owes fidelity to the ause of his lient but not at the e-pense of truth and the administration of .usti e. ? - - (y grossly abusing the right of re ourse to the ourts for the purpose of arguing a ause that had been repeatedly rebuffed# he was disdaining the obligation of the lawyer to maintain only su h a tions or pro eedings as appear to him to be .ust and su h defenses only as he believes to be honestly debatable under the law. (y violating his oath not to

36
delay a man for money or mali e# he has besmir hed the name of an honorable profession and has proved himself unworthy of the trust reposed in him by law as an offi er of the Court. Pere7 83. La7at/n, -# SCRA ,(' 3awyers should not resort to nor abet the resort of their lients# to a series of a tions and petitions for the purpose of thwarting the e-e ution of a .udgment that has long be ome final and e-e utory. Peo6)e 83. 9ar0/n, -( SCRA ," $ .udge should be /ui ) enough to prevent a lawyer from resorting to dilatory ta ti s whi h obstru t the administration of .usti e. Rule (?.D". A la*:er s&all re+rain +ro, talBin- to &is *itness durin- a =reaB or re!ess in t&e trial *&ile t&e *itness is still under e0a,ination.

Purpose is to prevent the suspi ion that he is oa hing the witness what to say during the resumption of the e-amination. The rationale therefore of this rule is to uphold and maintain fair play with the other party and to prevent the e-amining lawyer from being tempted to oa h his own witness to suit his purpose. Rule (?.DE. A la*:er s&all not Bno*in-l: assist a *itness to ,isrepresent &i,sel+ or to i,personate anot&er.

$ lawyer may lawfully and ethi ally interview witnesses in advan e of trial as in fa t it is his duty as part of his preparation for trial. Canon #!, CPE $ lawyer may properly interview any witness or prospe tive witness for the opposing side in any ivil or riminal a tion without the onsent of opposing ounsel or party. 7e should s rupulously avoid any suggestion al ulated to indu e the witness to suppress or deviate from the truth# or in any degree to affe t his free and untrammeled ondu t when appearing at a trial or on the witness stand. The witness who ommits the misrepresentation is riminally liable for 3*alse TestimonyE either under $rt. *2*# *2' or *2,# Revised Penal Code depending upon the nature of the ase. The lawyer who indu es a witness to ommit false testimony is e/ually guilty as the witness. Art. 1(, Re8/3e0 Pena) Co0e The lawyer who presented a witness )nowing him to be a false witness is riminally liable for DOffering !alse Testimony 8n 4viden eE The lawyer who is guilty of the above is both riminally and administratively liable. S&:ornat/on of 6erH&r4 Subornation of per.ury is ommitted by a person who )nowingly and willfully procures another to swear falsely and the witness subornated does testify under ir umstan es rendering him guilty of perBury (U.S. 83. Ba))ena, 1 Ph/). #1-$. Peo6)e 83. Ba&t/3ta, ", Ph/). 1( ( !(,$ $side from the fa t that the testimony of a witness who admits having been instru ted what to say may not be relied upon by the ourt# a lawyer who presents a witness whom he )nows will give a false testimony may be sub.e ted to dis iplinary a tion. 8. A. Fa.a testified as a witness in ase that $tty. 8sip is handling. =hen the ase terminated# Fa.a as)ed for her fees from $tty. 8sip. Can Fa.a ompel said ounsel to pay herM

NO. $ lawyer may not pay 5or guarantee# or allow the lient to pay6 the amount to witness other than reasonable reimbursement for their e-penses and loss of time. Of ourse an e-pert witness may be paid a reasonable fee for servi es# both in testifying and preItrial preparation. 7owever# under no ir umstan es may the lawyer agree to pay even an e-pert witness a fee ontingent upon the ontent of the witness: testimony andKor the out ome of the pro eeding. Rule (?.D>. A la*:er s&all not a=use =ro*=eat or &arass a *itness nor needlessl: in!onvenien!e &i,.

Sec. &. "ights and obligations of a witness E a witness must answer /uestions# although his answer may tend to establish a laim against him. 7owever# it is the right of a witness:

37
*. to be prote ted from irrelevant# improper# or insulting /uestions# and from harsh or insulting demeanor; '. not to be detained longer than the interest of .usti e re/uires; ,. not to be e-amined e- ept only as to matters pertinent to the issue; 0. not to give an answer whi h will tend to be sub.e t him to penalty for an offensive unless otherwise provided by law; +. not to give an answer whi h will tend to degrade his reputation# unless it be to the very fa t at issue or to a fa t from whi h the fa t in issue would be presumed. (ut a witness must answer to the fa t of his previous final onvi tion for an offense. (R&)e #-, Se+. #, ROC$ Rule (?.DG. A la*:er s&all avoid testi+:in- in =e&al+ o+ &is !lient e0!ept. a. on for*a) *atter3 su!& as ,ailin- aut&enti!ation or !ustod: o+ an instru,ent and t&e liBeL or =. on 3&:3tant/a) *atter3 in !ases *&ere &is testi,on: is essential to t&e end o+ Custi!e in *&i!& even &e ,ust durin- &i testi,on: entrust t&e trial o+ t&e !ase to anot&er !ounsel.

PNB 8.T/en5 P/ao, '" Ph/) ##" ( !#-$ - - - although the law does not forbid an attorney to be a witness and at the same time an attorney in a ase# the ourts prefer that ounsel should not testify as a witness unless it is ne essary# and that they should withdraw from the a tive management of the ase. CA242 (< A la*:er s&all rel: upon t&e ,erits o+ &is !ause and re+rain +ro, an: i,propriet: *&i!& tends to in+luen!e or -ives t&e appearan!e or in+luen!in- t&e Court. 8n prose uting or defending ases# the lawyer must be guided by the prin iples of .usti e. 7e must rely on the merits of his ases and should avoid using influen e and onne tions to win his ases. 7is ases must be won be ause they are meritorious and not be ause of onne tions# lout# dominan e or influen e. Rule (<.D(. A la*:er s&all not e0tend e0traordinar: attention or &ospitalit: to nor seeB opportunit: +or !ultivatin- +a,iliarit: *it& Jud-es.

Canon #, CPE $ lawyer should avoid mar)ed attention and unusual hospitality to a .udge# un alled for by the personal relations of the parties# be ause they sub.e t him and the .udge to mis on eptions of motives. Re6ort of IBP Co**/ttee, 6. "; 8n order not to sub.e t both the .udge and the lawyer to suspi ion# the ommon pra ti e of some lawyers of ma)ing .udges and prose utors godfathers of their hildren to enhan e their influen e and their law pra ti e should be avoided by .udges and lawyers ali)e. A&3tr/a 83. Ma3a@&e), -; SCRA -(" 8t is improper for a litigant or ounsel to see a .udge in hambers and tal) to him about a matter related to the ase pending in the ourt of said .udge. Rule (<.D?. A la*:er s&all not ,aBe pu=li! state,ents in t&e ,edia re-ardin- a pendin- !ase tendin- to arouse pu=li! opinion +or or a-ainst a part:.

Cr&7 8. Sa)8a, ;' Ph/) ' ( !' $ ? - - Cembers of the ourt were greatly disturbed and annoyed by su h sensationalism# whi h may be laid at the door of Salva. 8n this# he ommitted a grievous error and poor .udgment. 7is a tuations in this regard went well beyond the bounds of pruden e# dis retion# and good taste. 8t is bad enough to have su h undue publi ity when a riminal ase is being investigated by the authorities# even when it is being tried in ourt; but when said publi ity is en ouraged when the ase is on appeal and is pending onsideration by this ourt# the whole thing be omes ine- usable# even abhorrent. Mar+e)/no 83. A)eHan0ro, #- SCRA ;,

38
8n order to warrant a finding of 3preBudicial publicity7# there must be an allegation and proof that the .udges have been unduly influen ed# not simply that they might be# by the DbarrageE of publi ity. In re% Go*e7, (# Ph/). #", 8f the ounsel instigated or indu ed his lient to ma)e the publi statement or publi ity in the media involving a pending ase to arouse publi opinion and to influen e the .udge# both the lient and the lawyer maybe sub.e ted to ontempt of ourt. $fter the ase had already been finished# the rule in progressive .urisdi tions is that# ourts are sub.e t to the same riti ism as other people. In re% Lo7ano, '( Ph/). 1; 8n a on luded litigation# a lawyer en.oys a wider latitude of omment on or riti i"e the de ision of s .udge or his a tuation. Thus# it has been held that a newspaper publi ation tending to impede# obstru t# embarrass or influen e the ourts in administering .usti e in a pending ase onstitutes riminal ontempt# but the rule is otherwise after the litigation is ended. Rule (<.D<. A la*:er s&all not =rooB nor invite inter+eren!e =: anot&er =ran!& or a-en!: in t&e -overn,ent in t&e nor,al !ourse o+ Cudi!ial pro!eedin-s. B&*an5)a5 83. B&*an5)a5, "( SCRA !=hen a ase is already within the .urisdi tion of a ourt# the lawyer should not ause or see) the interferen e of another agen y of the Aovernment in the normal ourse of .udi ial pro eedings. CHA%TER IV 3 THE LAW7ER A2D THE CLIE2T Re5a)a 83. San0/5an:a4an, G.R. No. ;'!#1 (Se6t. -;, !!,$ 7istori ally# the nature of the lawyerI lient relationship is premised on the Roman 3aw on epts: *. locatio conduction operarum 5 ontra t of lease of servi es6 where one lets his servi es for ompensation and another hires them without referen e to the ob.e t whi h the servi es are to be performed; and '. mandato 5 ontra t of agen y6 whereby a friend on whom relian e ould be pla ed ma)es a ontra t in his name but gives up all that he gained by the ontra t to the person who re/uested him. 8n a modern day understanding of the lawyerI lient relationship# an attorney is more than a mere agent or servant be ause he possesses spe ial powers of trust and onfiden e reposed on him by his lient. 7e is also as independent as a .udge# with powers entirely different from and superior to those of an ordinary agent. R&)e #1, Se+t/on - , R&)e3 of Co&rt The relation of attorney and lient begins from the time an attorney is retained. The term DretainerE may refer either of two on epts. 8t may refer to the a t of a lient by whi h engages the servi es of the attorney: *. to render legal advi e# or '. to defend or prose ute his ause in ourt. 8t is general or spe ial. $ general retainer is one the purpose of whi h is to se ure before hand the servi es of an attorney for any legal problem that may afterward arise. $ special retainer has referen e to a parti ular ase or servi e. The word DretainerE may also refer to the fee whi h a lient pays to an attorney when the latter is retained )nown as retaining fee. $ retaining fee is a preliminary fee paid to insure and se ure his future servi es# to remunerate him for being deprived# by being retained by one party# of the opportunity of rendering servi es to the other party and of re eiving pay from him# and the payment of su h fee# in the absen e of an agreement on the ontrary# is neither made nor re eived in onsideration of the servi es ontemplated; it is apart from what the lient has agreed to pay for the servi es whi h he has retained him to perform. 8ts purpose is to prevent undue hardship on the part of the attorney resulting from the rigid observan e of the rule forbidding him from a ting as ounsel for the other party has been retained by or has given professional advi e to the opposite party. E0isten!e o+ Attorne:FClient Relations&ip a. Documentary *ormalism Q NOT an essential element in the employment of an attorney# ontra t may be 4?PR4SS49 OR 8CP3849. b. mplied acceptance Q it is suffi ient that advi e and assistan e of an attorney is sought and

39
re eived in any matter pertinent to his profession; it is enough that a lawyer a eded to a lient:s re/uest. R&)e #1, Se+t/on - , R&)e3 of Co&rt $n attorney has no power to a t as ounsel or legal representative for a person without being retained nor may he appear in ourt for a party without being employed unless by leave of ourt. There must be a ontra t of employment# e-press or implied# between him and the party he purports to represent or the latter:s authori"ed agent. 8f he orrupt or willfully appears as an attorney for a party to a ase without authority# he may be dis iplined or punished for ontempt as an offi er of the ourt who has misbehaved in his offi ial transa tion. Coreover# neither the litigant whom he purports to represent nor the adverse party may be bound or affe ted by his appearan e unless the purported lient ratifies or is estopped to deny his assumed authority. Dee 83. Co&rt of A66ea)3, ", SCRA ,' ( !1!6 The absen e of a written ontra t will not pre lude a finding that there is a professional relationship. 9o umentary formalism is not an essential element in the employment of an attorney; the ontra t may be e-press or implied. 8t is suffi ient# to establish the professional relation# that the advi e and assistan e of an attorney is sought and re eived in any matter pertinent to his profession. $n a eptan e of the relation is implied on the part of the attorney from his a ting on behalf of his lient in pursuan e of a re/uest from the latter. 8f a person# in respe t to his business affairs or any troubles of any )ind# onsults with his attorney in his professional apa ity with the view to obtaining professional advi e or assistan e and the attorney voluntarily permits or a /uies e in su h onsultation# as when he listens to his lient:s preliminary statement of his ase or gives advi e thereon# then the professional employment is regarded as established .ust as effe tive as when he draws his lient:s pleading or advo ates his lient:s ause in ourt. Ter,ination o+ a CounselAs Servi!es *. The withdrawal as ounsel of a lient or the dismissal by the lient of his ounsel must be made in a !ORC$3 P4T8T8ON filed in the ase 5=8T79R$=$3 O! R4COR96 '. ,. $ttyI lient relationship does not terminate formally until there is withdrawal made of re ord. <nless properly relieved# ounsel is responsible for the ondu t of the ase.

H/)a0o 83. Da8/0, 1( Ph/). ',! ( !(!$ The employment of a law firm is e/uivalent to the retainer of the member thereof even though only one of them is onsulted; onversely# the employment of one member is generally onsidered as employment of the law firm. B.R. Se:a3t/an Enter6r/3e3, In+. 83. Co&rt of A66ea)3, -;, SCRA -1 ( !!-$ The death of a partner# who was the one handling the ase for the law firm# did not e-tinguish the lawyerI lient relationship; the responsibility to ontinue representation and file re/uired pleading devolve upon the remaining lawyers of the firm# until they have withdrawn from the ase# the negligen e of the latter binds the lient. Se8a 83. No)an, ,( Ph/). #"( ( !#"$ $ wife in any of the instan es where she may prose ute or defend an a tion without the ne essity of .oining her husband as a party litigant has the authority to engage the servi es of ounsel even without her husband:s onsent. She annot# however# bind the on.ugal partnership for the payment of the fees of her lawyer without the husband:s authority# e- ept in a suit between her and her husband whi h she is ompelled to institute or resist to prote t her rights# to a su essful on lusion. CA242 () A la*:er s&all not re+use &is servi!es to t&e need:. The relation of attorney and lient may be reated not only by the voluntary agreement between them but also by the appointment of an attorney as ounsel de oficio for a poor or indigent litigant# and the attorney so appointed has as high a duty to the indigent as to his paying lient. Rule ().D(. A la*:er s&all not de!line to represent a person solel: on a!!ount o+ t&e latterAs (. ra!e

40
?. <. ). ". se0 !reed or status o+ li+e or =e!ause o+ &is o*n opinion re-ardin- t&e -uilt o+ said person.

R&)e #1, S. -;(h$. Duty of attorneys: - - - never to re.e t# for any onsideration personal to himself# the ause of the defenseless or oppressed. R&)e #1, 3.-; (/$. 8n the defense of a person a used of a rime# by all fair and honorable means# regardless of his personal opinion to the guilt of the a used to present every eviden e that the law permits# to the end that no person may be deprived of life or liberty# but by due pro ess of law. R&)e (.; ho=e8er /3 not a66)/+a:)e /n +/8/) +a3e3 because of obvious reasons. t is the lawyer;s duty Q D5 6 To ounsel or maintain su h a tions or pro eedings only as appear o him to be .ust# and su h defenses only as he believes to be honestly debatable under the law.E (R&)e #1, 3e+t/on -; (+$, RRC$ when the lawyer signs a omplaint or answer# his signature is deemed a ertifi ation by him Dthat he has read the pleading; that to the best of his )nowledge# information and belief# there is good ground to support ---E 5R&)e ", Se+t/on ', ROC$. !or violating this rule# the lawyer may be sub.e ted to dis iplinary a tion. Rule ().D?. A la*:er s&all not de!line e0!ept +or serious and su++i!ient !ause an appoint,ent as !ounsel 0e off/+/o or as a*/+&3 +&r/ae, or a re5uest +ro, t&e Inte-rated /ar o+ t&e %&ilippines or an: o+ its !&apters +or rendition o+ +ree le-al aid. C4U2SEL DE 466ICI4

I.

R&)e #1, 3. # . 8ttorneys for destitute litigants: $ ourt may assign an attorney to render professional aid free of harge to any party in ase# if upon investigation it appears that the party is destitute and unable to employ an attorney# and that the servi es of ounsel are ne essary to se ure the ends of .usti e and to prote t the rights of the party. 8t shall be the duty of the attorney so assigned to render the re/uired servi e# unless he is e- used therefrom by the ourt for suffi ient ause shown. R&)e ,, 3." E 8ppointment of counsel de oficio =7O: *. members of the bar in good standing; '. any person# resident of the provin e and of good repute for probity and ability# in lo alities without lawyers =7$T CONS894R49: *. gravity of offense '. diffi ulty of /uestions that may arise ,. e-perien e and ability of appointee II. A1ICUS CURIAE

R&)e #1, 3. #, 4-perien ed and impartial attorneys may be invited by the ourt to appear as ami i uriae to help in the disposition of issues submitted to it. De+inition. bystander; Dfriend of the ourtE whose fun tion is Dto remind the ourt or tribunal of some matter whi h otherwise might es ape its noti e and in regard to whi h it might be wrong. One who gives information upon some /uestion of law in regard to whi h the .udge is doubtful or mista)en# or upon a matter of whi h the ourt may ta)e .udi ial ogni"an e. Rule ().D<. A la*:er ,a: not re+use to a!!ept representation o+ an indi-ent !lient unless. a. &e is no position to !arr: out t&e *orB e++e!tivel: or !o,petentl:L =. &e la=ors under a !on+li!t o+ interest =et*een &i, and t&e prospe!tive !lient or =et*een a present !lient and t&e prospe!tive !lientL

41

The rule involves indigent lients who ome to a lawyer for legal servi es. <nder Rule *,2# Se tion ,* of the Rules of Court# a .udge may assign a lawyer to render a professional servi e free of harge to any party in a ase# if upon investigation# it appears that the party is destitute and unable to employ an attorney. The lawyer assigned must render the re/uired legal servi e unless he is e- used therefrom by the ourt for suffi ient of ause shown. Rule ().D). A la*:er *&o a!!epts t&e !ause o+ a person una=le to pa: &is pro+essional +ees s&all o=serve t&e sa,e standard o+ !ondu!t -overnin&is relations *it& pa:in- !lients. B)an7a 83. Ar+an5e), - SCRA 8f a lawyer volunteers his servi es to a lient# and therefore not entitled to attorney:s fees# nevertheless# he is bound to attend to a lient:s ase with all due diligen e and "eal. (y volunteering his servi es# he has established a lientIlawyer relationship. CA242 (" A la*:er s&all o=serve !andor +airness and lo:alt: in all &is dealin-s and transa!tions *it& &is !lients. $s a general rule# a lient is bound by his ounsel:s ondu t e+cept when in ompeten e of ounsel is so great that the defendant is pre.udi ed and prevented from fairly presenting his defense. S&are7 83. CA $ lawyer owes absolute fidelity to the ause of his lient. 7e owes his lient full devotion to his interest# warm "eal in the maintenan e and defense of his rights. 8n the instant ase# $tty. San 3uis was un/uestionably negligent. 7is negligen e onsisted in his failure to attend the hearings# his failure to advise petitioner that he was going abroad and his failure to withdraw properly as ounsel for petitioner. O6are), Sr. 83. A:ara, (; SCRA -1 ( !" $ 8t demands of an attorney an undivided allegian e# a onspi uous and high degree of good faith# disinterestedness# andor# fairness# loyalty# fidelity and absolute integrity in all his dealings and transa tions with his lients and an utter renun iation of every personal advantage onfli ting in any way# dire tly or indire tly# with the interest of his lient. Rule (".D(. A la*:er in !on+errin- *it& a prospe!tive !lient s&all as!ertain as soon as pra!ti!a=le *&et&er t&e ,atter *ould involve a !on+li!t or &is o*n interest and i+ so s&all +ort&*it& in+or, t&e prospe!tive !lient.

$ lawyer has the duty to dis lose and e-plain to the prospe tive lient all ir umstan es of his relation to the parties and any interest in onne tion with the ontroversy# whi h in his .udgment might influen e his lient# in so far as will enable him to de ide whether to a ept the ase. 8t is his duty to de line employment in any matter# whi h may involve onfli ting interests. Sta. Mar/a 83. T&a7on, SCRA ',The fa t that the respondent has pla ed his private personal interest over and above that of his lients onstitutes a brea h of a lawyer:s oath# to say at least. Rule (".D?. A la*:er s&all =e =ound =: t&e rule on privile-ed !o,,uni!ation in respe!t o+ ,atters dis!losed to &i, =: a prospe!tive !lient.

This rule applies even if the prospe tive lient does not thereafter retain the lawyer of the latter de lines the employment. The reason for the rule is to ma)e prospe tive lient feel free to dis uss whatever wishes with the lawyer without fear that what he tells the lawyer will not be divulged nor used against him and the lawyer to be e/ually free to obtain information from the prospe tive lient. Re6ort of IBP Co**/ttee, 6. 1 The purpose of the attorney$client relationship is two$fold : 5a6 *irst# to en ourage a lient to ma)e a full dis losure of the fa ts of the ase to his ounsel without fear# and 5b6 second# to allow the lawyer to obtain full information from his lient. Canon - , CPR $ lawyer shall preserve the onfiden es and se rets of his lient even after the attorneyI lient relation is terminated.

42
R&)e #;, Se+t/on -( (:$ RRC D$n attorney annot# without the onsent of his lient# be e-amined as to any ommuni ation made by the lient to him or his advi e given thereon in the ourse of professional employment; nor an an attorney:s se retary# stenographer# or ler) be e-amined# without the onsent of the lient and his employer# on erning any fa t the )nowledge of whi h has been a /uired in su h apa ity. Re5uisites o+ %rivile-ed Co,,uni!ation. a. There is an attorneyI lient relationship or a )ind of onsultan y re/uirement with a prospe tive lient; b. The ommuni ation was made by the lient to the lawyer in the ourse of the lawyer:s professional employment; . The ommuni ation must be intended to be onfidential. Ba)0=/n 83. Co**. Of Interna) Re8en&e, -' F -0 1 -, ( LRA '(1 The privilege ontinues to e-ist even after the termination of the attorneyI lient relationship. 8t outlasts the lawyer:s engagement. The privileged hara ter of the ommuni ation eases only when waived by the lient himself or after his death# by the heir or legal representative. Peo6)e 83. S)ee6er, (, Ph/). ,-' The party who avers that the ommuni ation is privileged has the burden of proof to establish the e-isten e of the privilege unless from the fa e of the do ument itself# it learly appears that it is privileged. The mere allegation that the matter is privileged is not suffi ient. The ommuni ation 5)nowledge or information6 or the physi al ob.e t must have been transmitted to the ounsel by the lient for the purpose of see)ing legal advise. Otherwise# there is no privileged ommuni ation. Canon #", CPE The privilege is limited or has referen e only to ommuni ations whi h are within the ambit of lawful employment and does not e-tend to those transmitted in ontemplation of future rimes or frauds. 7owever# the information on rimes or frauds already ommitted falls within the privilege and the lawyer annot reveal or be ompelled to reveal the onfiden es of the lient. C&ara!teristi!s o+ t&e Attorne:FClient %rivile-e *. $IC privilege where legal advi e is professionally sought from an attorney. '. The lient must intend the above ommuni ation to be onfidential. ,. $IC privilege embra es all forms of ommuni ation and a tion. 0. $s a general rule# $IC privilege also e-tends to the attorney:s se retary# stenographer# ler) or agent with referen e to any fa t re/uired in su h apa ity. +. The above duty is perpetual and is absolutely privileged from dis losure. E0!eptions to AFC %rivile-e *. There is onsent or waiver or lient. '. Su h is re/uired by law. ,. Su h is made to prote t the lawyer:s rights 5i.e. to olle t his fees or asso iates or by .udi ial a tion6. 0. =hen su h ommuni ation are made in ontemplation of a rime or the perpetuation of a fraud. Do!trine o+ i,puted Bno*led-e is based on the assumption that an attorney# who has noti e of matter affe ting his lient# has ommuni ated the same to his prin ipal in the ourse of professional dealings. The do trine applies regardless of whether or not the lawyer a tually ommuni ated to the lient what he learned in his professional apa ity# the attorney and his lient being one .udi ial person. Rule (".D<. A la*:er s&all not represent !on+li!tin- interests e0!ept =: *ritten !onsent o+ all !on!erned -iven a+ter a +ull dis!losure o+ +a!ts.

6enerally# a lawyer may at ertain stage of the ontroversy and before it rea hes the ourt represent onfli ting interests with the e-press written onsent of all parties on erned given after dis losure of the fa ts. The dis losure should in lude an e-planation of the effe ts of the dual representation# su h as the possible revelation or use of onfidential information. 8 lawyer may not properly represent conflicting interests even though the parties concerned agree to the dual representation where*. the onfli t is between the attorney:s interest and that of a lient# or

43
'. between a private lient:s interests and that of the government or any of its instrumentalities. U. S. 83. LaranHa, - Ph/). ';; ( ! -$ 7e may not# without being guilty of professional mis ondu t# a t as ounsel for a person whose interest onfli ts with that of his present or former lient nor may he a ept employment from a party in the performan e of whi h he may be for ed to a t in a double apa ity or be suspe ted of divided loyalty. There are three te3t3 to 0eter*/ne +onf)/+t/n5 /ntere3t3 . The first is when# on behalf of one lient# it is the attorney:s duty to ontest for that whi h his duty to another lient re/uires him to oppose or when this possibility of su h situation will develop (conflicting duties). The se ond test is whether the a eptan e of the new relation will prevent a lawyer from the full dis harge of his duty of undivided fidelity and loyalty to his lient or will invite suspi ion of unfaithfulness or doubleIdealing in the performan e thereof ( nvitation of suspicion). The third test is whether a lawyer will be alled upon in his new relation to use against the first lient any )nowledge a /uired in the previous employment (use of prior ,nowledge obtained). The bare attorneyI lient relationship with a lient pre ludes an attorney from a epting professional employment from the lient:s adversary either in the same ase or in a different but related a tion. 8t is also improper for a lawyer to appear as ounsel for one party against the adverse party who is his lient in another totally unrelated a tion. The prohibition applies irrespe tive of whether the lawyer a /uired onfidential information. 8t also applies to the law firm of whi h he is a member as well as any member# asso iate# or assistant therein. The termination of the relation of attorney and lient provides no .ustifi ation for a lawyer to represent an interest adverse to or in onfli t with that of the former lient. The reason is that the lient:s onfiden e on e reposed annot be divested by the termination of professional employment. The attorney:s se retary# stenographer or ler) who# in su h apa ity# has a /uired onfidential information from the attorney:s lient may not a ept employment or# after be oming a member of the bar# represent an interest adverse to that of the attorney:s lient. Rule on Con+li!tin- Interests. 8t is generally the rule based on sound publi poli y that attorney annot represent diverse interest. 8t is highly improper to represent both sides of an issue. The pros ription against representation of onfli ting interest finds appli ation where the onfli ting interest arise with respe t to the same general matter and is appli able however slight su h adverse interest may be. 8t applies although the attorney:s intention and motives were honest and he a ted in good faith. 7owever# representation of onfli ting interest may be allowed where the parties onsents to the representation after full dis losure of fa ts. (NaB6/) 83. Va)0e7, -,, SCRA "'1, Mar+h (, !!1$ "emember- The test to determine whether there is a onfli t of interest in the representation is PRO($(838TP# not ertainty of onfli t. Par04 83. Ern3t, (# P (-! ( ! ($ $ lawyer is forbidden from representing a subse/uent lient against a former lient only when the sub.e t matter of the present ontroversy is related# dire tly or indire tly# to the sub.e t matter of the previous litigation in whi h he appeared for the former lient. Conversely# he may properly a t as ounsel for a new lient# with full dis losure to the latter# against a former lient in a matter wholly unrelated to that of the previous employment# there being in that instan e to onfli t of interests. H/)a0o 83. Da8/0, 1( Ph/). '" To onstitute professional employment it is not essential that the lient should have employed attorney professionally on any previous o asion RRR 8t is not ne essary that any retainer should have been paid# promised# or harged for; neither is it material that the attorney onsulted did not afterward underta)e the ase about whi h the onsultation was had. 8f a person in respe t to his business affairs or troubles of any )ind# onsult with his attorney in his professional apa ity with the view to obtaining professional advi e or assistan e# and the attorney voluntarily permits or a /uies es in su h onsultation# then the professional employment must be regarded as established. --The mere relation of attorney and lient ought to pre lude the attorney from a epting the opposite party:s retainer in the same litigation regardless of what information was re eived by him from his lient.

44
=here a lawyer is dis/ualified or forbidden from appearing as ounsel in a ase be ause of onfli t of interests# the law firm of whi h he is a member as well as any member# asso iate or assistant therein is similarly dis/ualified or prohibited from so a ting. Nathan 83. Ca6&)e, ! Ph/). ,(; $n attorney who a epts professional employment in the very ase in whi h his former lient is the adverse lawyer# and utili"ing against the latter papers# )nowledge and information obtained in the ourse of his previous employment is guilty of mis ondu t. The fa t that he had retired from the first ase prior to a epting the se ond ase against the former lient# does not relieve him from his obligation of fidelity and loyalty to the latter. In re% De )a Ro3a 4ven though the opposing lients# after full dis losure of the fa t# onsent to the attorney:s dual representation# the lawyer should# when his lients annot see their way lear to settling the ontroversy ami ably# retire the ase. Instan!es *&en a La*:er is Considered &avin- Con+li!tin- Interests *. $s an employee of a orporation whose duty is to attend legal affairs# he annot .oin a labor union of employees in that orporation. '. $s a lawyer who investigated an a ident as ounsel for an insuran e# he annot represent the in.ured person. ,. $s a re eiver of a orporation# he annot represent the reditor. 0. $s a representative of the obligor# he annot represent the obligee. +. $s a lawyer representing a party in a ompromise agreement# he annot be subse/uent lawyer representing another lient who see)s to nullify the agreement. E++e!ts o+ Representin- Adverse Interests *. 9is/ualifi ation as ounsel of new lient on petition of former lient. '. =here su h is un)nown to# be omes pre.udi ial interests of the new lient# a .udgment against su h may# on that ground be set aside. ,. $ lawyer an be held administratively liable through dis iplinary a tion and may be held riminally liable for betrayal of trust. 0. The attorney:s right to fees may be defeated if found to be related to su h onfli t and su h was ob.e ted to by the former lient# or if there was a on ealment and pre.udi e by reason of the attorney:s previous professional relationship with the opposite party. Rule (".D). A la*:er ,a: *it& t&e *ritten !onsent o+ all !on!erned a!t as ,ediator !on!iliator or ar=itrator in settlin- disputes.

$ lawyer:s )nowledge of the law and his reputation for fidelity may ma)e it easy for the disputants to settle their differen es ami ably. 7owever# the lawyer should not a t as ounsel to any of them. Re6ort of IBP Co**/ttee, 6. 1Consent in writing is re/uired to prevent future ontroversy on the authority of the lawyer to a t as mediator or arbitrator. Gowever# a lawyer who a ts as mediator# on iliator or arbitrator or arbitrator in settling a dispute# annot represent any of the parties to it. Rule (".D". A la*:er *&en advisin- &is !lient s&all -ive a !andid and &onest opinion on t&e ,erits and pro=a=le results o+ t&e !lientAs !ase neit&er overstatinnor understatin- t&e prospe!ts o+ t&e !ase.

Canon 1, CPE (efore answering his lient:s /uestion# a lawyer should endeavor to obtain full )nowledge of his lient:s ause. 8t is only after he shall have studied the ase that he should advise his lient on the matter. 8f a lawyer finds that his lient:s suit is totally devoid of merit or that of the pending ivil a tion against him is wholly defenseless# whi h is his fun tion and duty to find out# he should so inform his lient and dissuade him# in the first instan e# from filing the ase or advise him# in the se ond instan e# to ompromise or submit rather than traverse the in ontrovertible. 8f on the other hand# he finds that his lient:s ause is fairly meritorious# he should refrain from ma)ing bold and onfident assuran es of su ess. $ areful investigation and e-amination of the fa ts must first be had before any legal opinion be ventured by the lawyer to the lient. Ca3taGe0a 83. A5o, ,' SCRA ';" D8t is the duty of a ounsel to advise his lient# ordinarily a layman to the intri a ies and vagaries of the law# on the merit or la ) of merit of his ase. 8f he finds that his lient:s ause is

45
defenseless# then it is his bounden duty to advise the latter to a /uies e and submit# rather than traverse the in onvertible. $ lawyer must resist the whims and apri es of his lient# and temper his lient:s propensity to litigate. $ lawyer:s oath to uphold the ause of .usti e is superior to his duty to his lient; its prima y is indisputable.E Choa 83. Ch/on53on, -'# SCRA #" ( !!,$ 7is lient is entitled to and he is bound to give a andid and honest opinion on the merit or la ) of merit of his lient:s ase# neither overstating nor understating the prospe t of the ase. 8t is li)ewise in umbent upon him to give his lient an honest opinion on the probable results of the ase# with the end in view of promoting respe t for the law and the legal pro esses. Per/@&et 83. NLRC, 1, SCRA ( !!;$ $s offi ers of the ourt# ounsels are under obligation to advise their lients against ma)ing untenable and in onsistent laims. 3awyers are not merely hired employees who must un/uestionably do the bidding of the lient# however unreasonable this may be when tested by their own e-pert appre iation of the fa ts and appli able law and .urispruden e. Counsel must counsel. Rule (".DE. A la*:er s&all not state or i,pl: t&at &e is a=le to in+luen!e an: pu=li! o++i!ial tri=unal or le-islative =od:.

8t is improper for a lawyer to show in any way that he has onne tions and an influen e any tribunal or publi offi ial# .udges# prose utors# ongressmen and others# spe ially so if the purpose is to enhan e his legal standing and to entren h the onfiden e of the lient that his ase or ases are assured of vi tory. Rule (".D>. A la*:er s&all i,press upon &is !lient !o,plian!e *it& t&e la*s and t&e prin!iples o+ +airness.

$ lawyer should use his best efforts to restrain and prevent his lient from doing those things# whi h he himself ought not to do; and if the lient persists in su h wrong doing# the lawyer should terminate their relation. Art. ! of the C/8/) Co0e Devery person must# in the e-er ise of his rights and in the performan e of his duties# a t with .usti e# give everyone his due and observe honesty and good faith.E Con5e 83. Deret, C.A.>G.R. No. ;11(1>CR., Mar+h -', !"( $ lawyer who advise his lient not to obey the order of the ourts is guilty of ontempt and mis ondu t. Ca:/)an 83. Ra*o)ete, !- SCRA ,"( $s ounsel of re ord# a lawyer has ontrol of the pro eedings and whatever steps his lient ta)es should be within his )nowledge and responsibility. Rule (".DG A la*:er *&o is en-a-ed in anot&er pro+ession or o!!upation !on!urrentl: *it& t&e pra!ti!e o+ la* s&all ,aBe !lear to &is !lient *&et&er &e is a!tin- as a la*:er or in anot&er !apa!it:.

Re6ort of the IBP Co**/ttee, 6. 1( DThe lawyer should inform the lient when he is a ting as a lawyer and when he is not# be ause ertain ethi al onsiderations governing the lientIlawyer relationship may be operative in one ase and not in the other.E CA242 (E A la*:er s&all &old in trust all ,one:s and properties o+ &is !lient t&at ,a: !o,e into &is possession. Art. ();( Civil Code The following persons annot a /uire or pur hase# even at publi or .udi ial au tion# either in person or through the mediation of another. 5+6 lawyers# with respe t to the property and rights whi h may be the ob.e t of any litigation in whi h they ta)e part by virtue of their profession.E Ele,ents o+ Art. ();(. *. $ttorneyI lient relationship '. Property or interest is in litigation ,. $ttorney ta)es part as ounsel in the ase 0. Pur hase# a /uisition by attorney# by himself or through another# during penden y of litigation

46

R in ludes mortgage of property in litigation to lawyer. 8n this ase# a /uisition is merely postponed until fore losure but effe t is the same. 8t also in ludes assignment of property (Or0on/o 8. E0&arte, -;" SCRA --!$ TaBe note o+ t&e +ollo*in- instan!es *&en Art.();( is not appli!a=le. *. =hen attorney is not ounsel in ase involving the same property at the time of a /uisition. ?. =hen pur haser is a orporation# even if the attorney was an offi er thereof. (T&a7on 8. T&a7on, 11 Ph/). (-$ ,. =hen sale too) pla e after termination of litigation# e+cept if there was fraud or abuse of onfidential information or where lawyer e-er ised undue influen e. 0. =here property in /uestion is stipulated as part of attorney:s fees# provided that# the same is ontingent upon the favorable out ome of litigation and# provided further# that the fee must be reasonable. A4a 83. B/5orn/a, '" Ph/). -; The moneys olle ted by an attorney for his lient belong to the lient. Conse/uently# the lawyer is under obligation to hold in trust all moneys and properties of his lient that may ome into his possession. The moneys olle ted by a lawyer in pursuan e of a .udgment in favor of his lient are held in trust for the lient. MaE/o* 83. Man/)a Ra/)roa0 Co., (( Ph/). '!" ( !-1$ $ lawyer may not a umulate distin t auses of a tion in himself by assignment from hundreds of small laimants and sue in his name for the benefit of the lient:s dire tly interested. A. B. A. O6. --' (9&)4 -, !( $ $n attorney may# however# properly a /uire choses in action not in his professional apa ity but as a legitimate investment. 8. $tty. ? is a lawyer in a falsifi ation ase filed against the latter. =hile undergoing trial in the said riminal ase# PN( fore losed the twoIhe tare Ri eland belonging to $. The land was sold at publi au tion to $tty. ? as the highest bidder. 9id $tty. ? violate the provision under the Civil Code regarding pur hase of property under litigationM NO. 8n the absen e of the re/uisites under $rt. *0%* of the Civil Code# the prohibition will not operate. 8n this ase# the ri eland was not the sub.e t of litigation. $tty. ? appeared as ounsel for plaintiff in a damage suit. Fudgment was rendered in favor of the plaintiff# and to satisfy the award# a par el of land was levied upon whi h was sold at au tion sale. Plaintiff assigned oneIhalf of his interest to $tty. ? in a ordan e with their ontingent ontra t of attorney:s fees. 8s the assignment a violation of $rt. *0%* of the Civil Code and Canon *' prohibiting pur hase by lawyer of property under litigationM NO. The lot was not the sub.e t matter of the litigation. 8t was a /uired by the lient in the e-e ution sale (G&e8arra 83. Ca)a)an5, " SCRA$ A la*:er s&all a!!ount +or all ,one: or propert: !olle!ted or re!eived +or or +ro, t&e !lient.

A. 8.

A.

Rule (E.D(.

2otes. *. 3awyers are bound to promptly a ount for money re eived by them on behalf of their lients and failure to do so onstitutes professional mis ondu t. '. The fa t that a lawyer has a lien for fees on money on his hands olle ted for his lients does not relieve him from the duty of promptly a ounting for the funds re eived. ,. 7owever# delivery of funds is sub.e t to lawyer:s lien. A56a)o I when the lawyer withholds and refuses to deliver the funds and property re eived by him for his lient# he brea hes the trust reposed to him. I That a lawyer has a lien does not relieve him from the obligation to ma)e a prompt a ounting. I I Cannot unilaterally appropriate lient:s money to pay his atty.:s fees. Cay not in the absen e of authority from his lient# disburse the money olle ted for his lient in favor of persons who may be entitled thereto.

47

In re% T&a7on, SCRA ',- ( !,($ 7is a t of olle ting unreasonable fees may amount to a retention of his lient:s funds and onstitute professional indis retion and mis ondu t. Rule (E.D?. I A la*:er s&all Beep t&e +unds o+ ea!& !lient separate and apart +ro, &is o*n and t&ose o+ ot&ers Bept =: &i,.

Should not ommingle a lient:s money with that of other lients and with his private funds# nor use the lient:s money for his personal purposes without the lient:s onsent.

In re% Ba*:er5er, (! Ph/). !,The high fidu iary and onfidential relation of attorney and lient re/uires that the lawyer should promptly a ount for all the funds re eived or held by him for the lient:s benefits. The lawyer is not relieved of the obligation to ma)e a proper a ounting even if he has an attorney:s lien over the lient:s moneys or funds in his possession. CBA, Co0e of Profe33/ona) Con0&+t, Co**entar4 , 6. -( The lawyer in under stri t obligation to label and identify his lient:s property and )eep it separate and apart from his own. Rule (E.D<. A la*:er s&all deliver t&e +unds and propert: o+ &is !lient *&en due or upon de,and. Ho=e8er &e s&all &ave a lien on t&e +unds and ,a: appl: so ,u!& t&ereo+ as ,a: =e ne!essar: to satis+: &is la*+ul +ees and dis=urse,ents -ivin- noti!e pro,ptl: t&erea+ter to &is !lient. He s&all also &ave a lien to t&e sa,e e0tent on all Cud-,ents and t&e e0e!ution &e &as se!ured +or &is !lient as provided +or in t&e Rules o+ Court.

Rule (<E Se+. #". 8ttorney;s .iens.- 8n attorney shall have a lien upon the funds, documents and papers of his client which have lawfully come into his possession and may retain the same until this lawful fees and disbursements have been paid, and may apply such funds to the satisfaction thereof. Ge shall also have a lien to the same e+tent upon all Budgments for the payment of money, and e+ecutions issued in pursuance of such Budgments, which he has secured in a litigation of his client, from and after the same when he shall have caused a statement of his claim of such lien to be entered upon the records of the court rendering Budgment, or issuing such e+ecutions, and shall have caused written client and would have to enforce his lien and secure the payment of his fees and disbursements. La=4erJ3 reta/n/n5 )/en $ lawyer shall have a lien over the lient:s funds and may apply so mu h thereof to satisfy his lawful fees and disbursements but must give prompt noti e to his lient for the latter:s advertisement. Char5/n5 )/en3 !or the further prote tion of the lawyer# he shall also have a lien to the e-tent of his attorney:s fees and legal disbursements on all .udgments and e-e utions he has se ured for his lient as provided for in the Rules (R&)e #1, Se+. #", Re8/3e0 R&)e3 of Co&rt$. In re% Da8/0, 1( Ph/). ,-" The lawyer:s failure to deliver upon demand gives rise to the presumption that he has misappropriated the funds for his own use to the pre.udi e of the lient and in violation of the trust reposed in him. I 8mmediate repayment by the lawyer of the lient:s money of property after demand and before the institution by the lient of disbarment pro eedings will show good faith and negate fraudulent intent.

Mat&te 83. Mat&te, ## SCRA #' D<nder Rule *,2# Se tion ,& of the Rules of Court# the attorney annot be ompelled to surrender the do uments in his possession without prior proof that his fees have been duly satisfied. (ut if it be entirely indispensable for the ourt to gain possession are held by him in the ourse of his employment as ounsel# it can reCuire surrender thereof by reCuiring the client or claimant to first file proper and adeCuate security for the lawyer;s compensation.7 L)a*a3 83. En+arna+/on, CA>G.R. No. # !-;>R, A&5&3t 1, !,' =hen a lawyer enfor es a harging lien against his lient# the lientIlawyer relationship is terminated.

48
D&*an0a5 83. L&*a4a, !" SCRA #;# ( !! $ $ lawyer who fails to a ount his lient:s money may be disbarred or suspended indefinitely from pra ti e of law. Rule (E.D). A la*:er s&all not =orro* ,one: +ro, &is !lient &n)e33 t&e !lientAs interests are +ull: prote!ted =: t&e nature o+ t&e !ase or =: independent advi!e. 2eit&er s&all a la*:er lend ,one: to a !lient eE+e6t *&en in t&e interest o+ Custi!e &e &as to advan!e ne!essar: e0penses in a le-al ,atter &e is &andlin- +or t&e !lient.

I I

=hile a lawyer may borrow money from his lient where the latter:s interests are fully prote ted# he should not abuse lient:s onfiden e by delaying payment 8f the lawyer lends money to the lient in onne tion with the lient:s ase the lawyer in effe t a /uires an interest in the sub.e t matter of the ase or an additional sta)e in its out ome# either of whi h may lead the lawyer to onsider his own re overy rather than that of the lient or to a ept a settlement whi h might ta)e are of his interest in the verdi t to the sa rifi e of that lient.

Not prohibited: advan es for ne essary e-penses Prohibited: Cha*6erto&3 +ontra+t3 Q lawyer assumes all e-penses and reimbursement in ontingent on out ome of ase. 5li)e gambling6 Ba&t/3ta 83. Gon7a)e3, 1- SCRA '' The lawyer may lend money to a lient# when it is ne essary in the interest of .usti e to advan e ne essary e-penses in a legal matter he is handling for the lient. The advan es made shall be sub.e t to reimbursement. Otherwise# if the lawyer spends for all legal e-penses# his ontra t of legal employment might be ome hampertous# if his attorney:s fees will be payable in )ind. Champertous contracts are void. CA242 (> A la*:er o*es +idelit: to t&e !ause o+ &is !lient and &e s&all =e ,ind+ul o+ t&e trust and !on+iden!e reposed in &i,. Sant/a5o 83. FoHa3, -(1 SCRA ,1 ( !!'$ No lawyer is obliged to a t either as adviser or advo ate for every person who may wish to be ome his lient. 7e has the right to de line employment# e- ept as pres ribed in Canon *0 of the Code of Professional Responsibility. (ut on e he agrees to ta)e up the ause of the lient# the lawyer owes fidelity to su h ause and must always be mindful of the trust and onfiden e reposed in him. 7e owes his lient entire devotion to his genuine interest# warm "eal in the maintenan e and defense of his rights and the e-ertion of his utmost learning and ability. No fear or .udi ial disfavor or publi unpopularity should restrain him from the full dis harge of his duty. 8n the .udi ial forum# the lient is entitled to the benefit of any and every remedy and defense that is authori"ed by law# and he may e-pe t his lawyer to assert every su h remedy or defense. Cant/)))er 8. Poten+/ano, 1; SCRA -(, ( - - - - - - =hen a lawyer ta)es a all effort for its prote tion until its final on abandonment of a lient:s ause ma)e su reposed on him. !1!$ lient:s ause# he thereby ovenants that he will e-ert lusion. The failure to e-er ise due diligen e and the h a lawyer unworthy of the trust whi h the lient has

!idelity to the ause of the lient is the essen e of the legal profession. $s su h. The duty of fidelity re/uires the e-isten e of the attorney and lient relationship. On e the relationship e-ists# the Supreme Court will not hesitate to enfor e omplian e with standards of honorable dealing set by law# by means of reprimands# fines# suspension# disbarment# and other dis iplinary measures. Loren7ana Foo0 Cor6orat/on 83. Dar/a, A0*. Ca3e No. -"#,, Ma4 -", !! $n attorney owes loyalty to his lient not only in the ase in whi h he has represented him but also after the relation of attorney and lient has terminated. CA242 (G A la*:er s&all serve &is !lient *it& !o,peten!e and dili-en!e. 8t is the lawyer:s duty to safeguard lient:s interests. 8t begins from retainer until effe tive dis harge from ase or final disposition of the whole sub.e t matter of litigation.

49
S&are7 8. CA, --; SCRA -"( ( !!#$ --- --- $ lient may reasonably e-pe t that his ounsel will ma)e good his representations --- --- and has the right to e-pe t that his lawyer will prote t his interests during the trial of the ase. !or the general employment of an attorney to prose ute or defend a ause or pro eeding ordinarily vests in a plaintiff:s attorney the implied authority to ta)e all steps or do all a ts ne essary or in idental to the regular and orderly prose ution or management of the suit# and in a defendant:s attorney the power to ta)e su h steps as it deems ne essary to defend the suit and prote t the interests of the defendant --- ---. B)a7a 83. Co&rt of A66ea)3, 1- SCRA (, The legal profession demands a lawyer that degree of vigilan e and attention e-pe ted of a good father of a family and should adopt Dthe norm of pra ti e e-pe ted of men of good intentions. Rule (G.D(. A la*:er s&all not undertaBe a le-al servi!e *&i!& &e Bno*s or s&ould Bno* t&at &e is not 5uali+ied to render. Ho*ever &e ,a: render su!& servi!e i+ *it& t&e !onsent o+ &is !lient &e !an o=tain as !olla=oratin!ounsel a la*:er *&o is !o,petent on t&e ,atter.

I3)a3 83. P)aton, (" Ph/). ,Hhen a lawyer accepts a case, whether for a fee or not, his acceptance is an implied representation*. that he possess the re/uisite degree of a ademi learning# s)ill and ability in the pra ti e of his profession; '. that he will e-ert his best .udgment in the prose ution or defense of the litigation entrusted to him; ,. that he will e-er ise reasonable and ordinary are and diligen e in the pursuit or defense of the ase; and 0. that he will ta)e steps as will ade/uately safeguard his lient:s interests. 7owever well meaning he may be# a lawyer annot as) another lawyer to ollaborate with him in a parti ular ase without the onsent of the lient. The fidu iary nature of attorneyI lient relationship prohibits this. Gar+/a 83. F)ore3, ; Ph/). "1 ( !' $ 8t should be stressed that what a lawyer may not delegate in the absen e of he lient:s onsent is the onfiden e reposed in him# as distinguished from the wor) involved therein. $ lawyer has the implied power to delegate to his asso iate or assistant attorney# under his supervision and responsibility# part or the whole of the legal wor) re/uired to be performed in the prose ution or defense of the lient:s ause. Ro:/n3on 83. V/))af&erte, 1 Ph/). - ( ! $ $ lawyer may not# however# delegate to any layman any wor) whi h involves a study of the law or its appli ation# su h as the omputation and determination of the period within whi h to appeal an adverse .udgment# the e-amination of witnesses or the presentation of eviden e. Rule (G.D?. A la*:er s&all not &andle an: le-al ,atter *it&out ade5uate preparation.

Ba&t/3ta 83. Re:&eno, 1 SCRA '#' $ lawyer must )eep himself onstantly abreast with the trend of authoritative pronoun ements and developments in all bran hes of the law. 9a8e))ana 83. L&tero, -; SCRA " " ( !,"$ The full prote tion of the lient:s interests re/uires no less than a mastery of the appli able law and fa ts involved in a ase# regardless of the nature of the assignment and )eeping onstantly abreast of the latest .urispruden e and developments in all bran hes of the law. Le5ar0a 83. CA, G. R. No. !(('", Mar+h 1, !! $ lawyer should give ade/uate attention# are and time to his ases. This is the reason why a pra ti ing lawyer should a ept only so many ases he an handle. On e he agrees to handle a ase# he should underta)e the tas) with dedi ation and are. 8f he should do any less then he is not true to his oath as a lawyer. Rule (G.D<. A la*:er s&all not ne-le!t a le-al ,atter entrusted to &i, and &is ne-li-en!e in !onne!tion t&ere*it& s&all render &i, lia=le.

50
8f by reason of the lawyer:s negligen e# a tual loss has been aused to his lient# the latter has a ause of a tion against him for damages. 7owever# for the lawyer to be held liable# his failure to e-er ise reasonable are# s)ill and diligen e must be pro-imate ause of the loss. S&are7 83. Co&rt of A66ea)3, --; SCRA -"( ( !!#$ (y agreeing to be his lient:s ounsel# he represents that he will e-er ise ordinary diligence or that reasonable degree of are and s)ill having referen e to the hara ter of the business he underta)es to do# to prote t the lient:s interests and ta)e all steps or do all a ts ne essary therefore# and his lient may reasonably e-pe t him to dis harge his obligations diligently. Ph/). BanB of Co**er+e 83. Ar&e5o, C.A.>G.R. No. -1-"(, 9&ne 1, !,' The legal profession is a .ealous mistress whi h demands of a lawyer that degree of vigilan e and attention e-pe ted of a good father of a family. $ lawyer is re/uired to e-er ise ordinary diligen e or that a reasonable degree of are and s)ill having referen e to the hara ter of the business he underta)es to do# as any member of the bar similarly situated ommonly possesses and e-er ises. A0arne 83. A)0a:a, 1# SCRA "#' $n attorney is not re/uired to e-er ise e-traordinary diligen e but only a reasonable degree of are and s)ill# having referen e to the hara ter of the business he underta)es to do. In re% F/)art, (; Ph/). -;' $n attorney is not e-pe ted to )now all the laws. 7e is not liable for disbarment for an honest mista)e or error. 7e is not an insurer of the result in a ase where he is engaged in as a ounsel. Only ordinary are and diligen e are re/uired of him. La=e)) 83. Goro*an, '" A*. St., re6. ,,The degree of are and s)ill re/uired of the lawyer is not affe ted however by the fa t that the lawyer:s servi es are rendered gratuitously. V/8ero 83. Santo3, !1 Ph/). ';; ( !',$ The lient is bound by his ounsel:s ondu t# negligen e and mista)e in handling the ase# or in the management of the litigation and in the pro edural te hni/ue# and he annot be heard to omplain that the result might have been different had his lawyer pro eeded differently. Cr&7 83. H&5o, ,, Ph/). ;- ( !#1$ The rule presupposes the e-isten e of an attorneyI lient relationship and of a pending ase# and refers only to matters pertaining to the ondu t of su h ase. V/3/ta+/on 83. Man/t, -" SCRA '-# ( !,!$ The attorney:s duty to safeguard the lient:s interests ommen es from his retainer until his defe tive release from the ase or the final disposition of the whole sub.e t matter of the litigation. Instan!es o+ 2e-li-en!e o+ Attorne:s *. !ailure of ounsel to as) for additional time to answer a omplaint resulting in a default .udgment against his lient (Aapua vs. AendoIa, 05 Phil. 0<0). '. !ailure to bring suit immediately. =hen the belated suit was filed# the defendant had already be ome insolvent and re overy ould no longer be had. The lawyer was de lared liable to the lient (*ilinvest .and vs. C8, #'< SC"8 %%0). ,. !ailure to as ertain date of re eipt from post offi e of noti e of de ision resulting in the nonIperfe tion of the appellant:s appeal ()oven$De )esus vs. P>!, #< SC"8 002). 0. !ailure to file briefs within the reglementary period (People vs. Cawili, &0 SC"8 2<'). +. !ailure to attend to trial without filing a motion for postponement or without re/uesting either of his two partners in the law offi e to ta)e his pla e and appear for the defendants (6aerlan vs. !ernal, 6.". >o. .$0/0(, )an. <', #(5<). !ailure to appear at preItrial (8gravante vs. Patriarca, #'& SC"8 ##&). 1. !ailure of ounsel to notify lients of the s heduled trial whi h prevented the latter to loo) to another lawyer to represent them while ounsel was in the hospital (?entura vs. Santos, 5( Phil. #<&).

51
&. !ailure to appear simply be ause the lient did not go to ounsel:s offi e on the date of the trial as was agreed upon (8lcoriIa vs. .uma,ang, 8dm. Case >o. <0(, >ovember <#, #(2'). 2. !ailure to pay the appellate do )et fee after re eiving the amount for the purpose (Capulong vs. 8lino, << SC"8 0(#). %. !ailure to ta)e a tion to have adverse de ision re onsidered (PGGC vs. Tiongco, </2 SC"8 #5&) or failure to appeal the adverse de ision 5!rancisco, )r. vs. !osa and !andong, </5 SC"8 2<<). *>. !ailure to notify the ourt of ounsel:s hange of address resulting in failure to re eive .udi ial orders to the pre.udi e of the lient ()uane vs. 6arcia, <5 SC"8 '/#) **. !ailure to ta)e ne essary pre aution to insure that he re eives all ourt noti es and pro esses promptly 5)avier vs. Aadamba, )r., #20 SC"8 0(5). *'. !ailure to present eviden e (6onIales vs. Presiding )udge of !ranch , "TC of !ohol, #'% SC"8 #/#). *,. !ailure to file the re/uired position paper whi h pre.udi ed lient:s ause (.orenIana *ood Corp. vs. Daria, #(2 SC"8 <0(). Instan!es *&ere t&e !lient is not =ound =: !ounselAs ne-li-en!e. 5a6 8n the ase of an irresponsible lawyer who totally forgot about the ase and failed to inform his lient of the de ision# the Supreme Court held that the lient should not be bound by the negligen e of the ounsel. ("epublic vs. 8rro, #5/ SC"8 %&/) 5b6 $ party is not bound by the a tions of his ounsel in ase the gross negligen e of the ounsel resulted in the lient:s deprivation of his property without due pro ess (.egarda vs. Court of 8ppeals, #(5 SC"8 0#'). 5 6 D=here there is something fishy and suspi ious about the a tuations of the former ounsel of petitioners in the ase at bar# in the ase he did not give any signifi an e at all to the pro esses of the ourt# whi h has proven pre.udi ial to the rights of said lients# under a lame and flimsy e-planation that the ourts pro esses .ust es aped his attention# it is held that the said lawyer deprived his lients of their day in ourt (PGGC vs. Tiongco, #< SC"8 02#). 5d6 $ppli ation of the rule# Dresults in the outright deprivation of one:s property through a te hni ality.E (Fscudero vs. Dulay, #5' SC"8 %(, 2') 5e6 8n the ase of an irresponsible lawyer who totally forgot about the ase and failed to inform his lient of the de ision# the Supreme Court held that the lient should not be bound by the negligen e of the ounsel. ("epublic vs. 8rro, et al., #5/ SC"8 %&/) 5f6 $ party is not bound by the a tions of his ounsel in ase the gross negligen e of the ounsel resulted in the lient:s deprivation of his property without due pro ess. (.egarda vs. Court of 8ppeals, #(5 SC"8 0#') 5g6 The Supreme Court set aside the dismissal of the appeal for the failure to file the appellant:s brief on time# it appearing that the appellant:s former ounsel had abandoned him and ould not be onta ted despite earnest efforts. (8guilar vs. Court of 8ppeals, et al.,<5/ SC"8 &2#) 5h6 The Supreme Court set aside the trial ourt:s order# the same being due to the trial ounsel:s blunder in pro edure and gross negligen e of e-isting .urispruden e. (Fscudero vs. Dulay, #5' SC"8 %() 5i6 8T was on e ruled that the un ons ionable failure of a lawyer to inform his lient of the re eipt of the ourt order and the motion for e-e ution and to ta)e the appropriate a tion against either or both to prote t his lient:s rights amounted to onnivan e with the prevailing party whi h onstituted e-trinsi fraud. (!ayog vs. >atino, <5' SC"8 &2') Rule (G.D). A la*:er s&all Beep t&e !lient in+or,ed o+ t&e status o+ &is !ase and s&all respond *it&in a reasona=le ti,e to t&e !lientAs re5uest +or in+or,ation.

BaBer 83. H&*6rhe4, ; US (!(, -' L e0 ;,' ( 1"!$ 8t is the duty of an attorney to advise his lient promptly whenever he has any information to give whi h is important that the lient re eive.

52

O6are) 83. A:ar/a, (; SCRA -1 ( !" $ The lient is entitled to the fullest dis losure of the mode or manner by whi h his interest is defended or why ertain steps are ta)en or omitted. A)+a)a 83. De Vera, ', SCRA #; 8n failing to inform his lient of the de ision in the ivil ase handled by him# the lawyer failed to e-er ise su h s)ill# are and diligen e as men of the legal profession ommonly possess and e-er ise in su h matters of professional employment. The relationship of lawyerI lient being one of onfiden e# there is ever present the need for the lient:s being ade/uately and fully informed and should not be left in the dar) as to the mode and manner in whi h his interests are being defended. CA242 (; A la*:er s&all represent &is !lient *it& Jeal *it&in t&e =ounds o+ t&e la*. The lawyer owes Dentire devotion to the interest of the lient# warm "eal in the maintenan e and defense of his rights and the e-ertion of his utmost learning and ability#E to the end that nothing be ta)en or be withheld from him# save the rules of law# legally applied. 8n the .udi ial forum the lient is entitled to the benefit of any and every remedy and defense that is authori"ed by the law# and he may e-pe t his lawyer to assert every su h remedy or defense. Le5ar0a 83. Co&rt of A66ea)3, !' SCRA ( 1 ( !! $ 8n the dis harge of his duty of entire devotion to the lient:s ause# a lawyer should present every remedy or defense authori"ed by law in support of his lient:s ause# regardless of his personal views. Choa 83. Ch/on53on, -,; SCRA ("" ( !!,$ =hile a lawyer owes absolute fidelity to the ause of his lient# full devotion to his genuine interest# and warm "eal in the maintenan e and defense of his rights# he must do so only within the bounds of law. Ma5)a3an5 83. Peo6)e, !; SCRA #;, $ lawyer:s duty is not to his lient but to the administration of .usti e; to that end, his client;s success is wholly subordinate5 and his ondu t ought to and must always be s rupulously observant of law and ethi s. Peo6)e 83. Ir/3&/))o, 1- Ph/). ( !(1$ =hile a lawyer may# in a ordan e with the anons of the profession and his duty to aid in the administration of .usti e# properly de line to handle a civil suit when he is onvin ed that it is intended to harass or in.ure the opposite party or to wor) oppression or wrong# an attorney for the defense in a criminal action has the right and the duty to render effe tive legal assistan e to the a used# irrespe tive of his personal opinion as to the guilt of his lient. Rule (;.D(. A la*:er s&all e,plo: onl: +air and &onest ,eans to attain t&e la*+ul o=Ce!tives o+ &is !lient and s&all not present parti!ipate in presentin- or t&reaten to present un+ounded !ri,inal !&ar-es to o=tain an i,proper advanta-e in an: !ase or pro!eedin-. R&)e #1, 3.-; (0$% +++ to employ, for the purposes of maintaining the causes confided to him, such means only as are consistent with truth or honor, and never see, to mislead the Budge or any Budicial officer by an artifice or false statement of fact or law. S&r/5ao M/nera) Re3e8at/on Boar0 83. C)or/:e), # SCRA ( !";$ $ lawyer should use his best efforts to restrain and to prevent his lient from those things whi h he himself ought not to do# parti ularly with referen e to the ondu t toward the ourt# .udi ial offi er# witness and suitor; and 8! the lient persists in su h wrongdoing# the lawyer should terminate their relation. La+3a*ana 83. 0e)a PeGa, '1 SCRA -$ lawyer shall employ su h means only as are onsistent with truth and honor. Thus# he should not offer eviden e any do ument whi h he )nows is false nor present any witness whom he )nows will per.ure. 7e should ma)e su h defense only as he believes to be honestly debatable under the law. Rule (;.D?. A la*:er *&o &as re!eived in+or,ation t&at &is !lient &as in t&e !ourse o+ t&e representation perpetrated a +raud upon a person or tri=unal s&all pro,ptl: !all upon t&e !lient to re!ti+: t&e sa,e and +ailin- *&i!& &e s&all

53
ter,inate t&e relations&ip *it& su!& !lient in a!!ordan!e *it& t&e Rules o+ Court. Canon - , CPR $ lawyer should not allow his lient to perpetuate fraud. Gowever# the lawyer shall not volunteer the information about the lient:s ommission of the fraud to anyone for that will run ounter to his duty to maintain at all times the lient:s onfiden es and se rets. Rule (;.D<. A la*:er s&all not allo* &is !lient to di!tate t&e pro!edure in &andlin- t&e !ase.

The professional employment of an attorney merely onfers upon him the general authority to do on behalf of his lient su h a ts as are ne essary or in idental to the prose ution or management of the suit entrusted to him OR the a omplishment of its purpose for whi h he was retained. The employment itself onfers upon the attorney no implied or apparent authority to bind the lient on substantial matters: *. the ause of a tion# '. the laim or demand sued upon# and ,. the sub.e t matter of the litigation are substantial matters whi h the attorney may not impair# novate# ompromise# settle# surrender or destroy without the lient:s onsent or authority. Control of Pro eedings 8n the matters of law# it is the lient who yields to the lawyer and not the lawyer yielding to the lient. The basis of this rule is that the lawyer is better trained and s)illed in law. Cause of action, claim or demand, and subBect of litigation are within client;s control . 7en e# the attorney may not impair# settle or ompromise without lient:s )nowledge and onsent. 7owever# pro eedings to enfor e the remedy are within the e- lusive ontrol of the attorney. 8n fine# in the matters of procedure# lawyer in ontrol# and as to the sub.e t matter# the lient is in ontrol. Ca:a))ero 83. De/6ar/ne, ,; SCRA #, ( !"($ $ lawyer should endeavor to see) instru tion from his lient on any substantial matter on erning the litigation# whi h may re/uire de ision on the part of the lient# su h as whether to ompromise the ase or to appeal an unfavorable .udgment. 7e should# moreover# give his lient the benefit of sound advi e on any su h similar matters and omply with the lient:s lawful instru tions relative thereto. Canon 1, CPE =hile it is a lawyer:s duty to omply with the lient:s lawful re/uest# he should resist and should never follow any unlawful instru tion of his lient. 8n the matters of law# it is the lient who should yield the lawyer and not the other way around. Co3*o3 Fo&n0r4 Sho6 <orBerJ3 Un/on 8. Lo B&, ,# SCRA # # ( !"'$ --- --- $tty. (ustamante was e-pe ted to defend his lient:s ause with "eal# but not at the disregard of the truth and in defian e of the lear purpose of the labor statutes. 7e ought to remember that his obligation as an offi er of the ourt# no less than the dignity of the profession# re/uires that he should not a t li)e an errandIboy at the be ) and all of his lient# ready and eager to do his bidding. 8f he fails to )eep the admonition in mind# he puts into serious /uestion his good standing in the bar. D/+B 83. U.S., "; ALR !; The rule spea)s of pro edure only. The lawyer an for instan e *. hoose the pro eedings he will institute in the pursuit of his lient:s ase; '. he will determine the witnesses to be presented in ourt ,. he an enter into stipulations of fa t# though not of law 0. he an agree to advan e the date of hearing or to ontinue the ase +. he an waive ob.e tions to eviden e as he may deem fit. 8n brief# in matters of pro edure# where he is s)illed# he is in ontrol but not as to the sub.e t matter of the ase. Ba53a 83. Na5ra*a0a, Ph/). "( ( !;1$ 6enerally# the authority of an attorney to ma)e admissions is limited to the a tion in whi h he is retained; conseCuently# admissions made by him on behalf of a lient in one ase are not binding upon the same lient in another suit# e+cept when the attorney has been e-pressly authori"ed to ma)e the admission or the subse/uent litigation is related to the previous ontroversy.

54

RRR $ lawyer annot# without spe ial authority# ompromise his lient:s litigation or re eive anything in dis harge of the lient:s laim but the full amount thereof in ash (Me)en0re7 83. De+ena, ", SCRA ,,-$. $ ompromise entered into without authority is merely unenfor eable. 8t an be ratified by the lient# if he so desires. 7owever# a lawyer has the e- lusive management of the pro edural aspe t of the litigation in luding the enfor ement of rights and remedies of the lient. Thus# when a ase is submitted for de ision on the eviden e so far presented# the ounsel for private respondents a ted within the s ope of his authority as agent and lawyer in negotiating for favorable terms for his lient. (Mo:/) O/) Ph/)/66/ne3 83. Ya:&t, -;1 SCRA '-#$ CA242 ?D A la*:er s&all !&ar-e onl: +air and reasona=le +ees. Rule (<G s.?): $n attorney shall be entitled to have and re over from his lients no more than a reasonable ompensation for his servi es# with a view to the importan e of the sub.e t matter of the ontroversy# the e-tent of the servi es rendered# and the professional standing of the attorney. *. R/5ht to +o*6en3at/on E 8n the absen e of an e-press ontra t Nfor attorney:s feeO# payment of attorney:s fees may be .ustified by virtue of the innominate ontra t of facio ut des 58 do and you give6 whi h is based on the prin iple that Dno one shall enri h himself at the e-pense of anotherE MCor6&7 8. CA, G.R. No. L>(;(-(, 9&ne #;, !1;N Attorne4J3 fee3 a3 +ontra+t an0 a3 /te*3 of 0a*a5e3 I These are two ommonly a epted on epts of attorney:s fees# the soI alled ordinary and e-traordinary. 8n its ordinary concept# an attorney:s fee is the reasonable ompensation paid to a lawyer by his lient for the legal servi es he has rendered to the latter. The basis of the ompensation is the fa t of his employment by and his agreement with the lient. 8n its e+traordinary concept, an attorney:s fee is an indemnity for damages ordered by the ourt to be paid by the losing party in a litigation. The basis of this is any of the ases provided by law --- --- N$rt. ''>2# Civil CodeO# and is payable not to the lawyer as additional ompensation or as part thereof NTra0er3 Ro4a) BanB E*6)o4ee3 Un/on>In0e6en0ent 8.NLRC, G.R. No. -;'!-, Mar+h (, !!"N. Char5/n5 L/en E the right whi h the attorney has upon all .udgments for the payment of money# and e-e ution in pursuan e of su h .udgments# obtained in favor of the lient# to se ure reimbursement for advan es made and payment of attorney:s fees. Reta/n/n5 Fee3 ? a preliminary fee paid to ensure and se ure a lawyer:s future servi es# to remunerate him for being deprived# by being retained by one party# of the opportunity of rendering servi es to the other party# and of re eiving pay from him.

'.

,.

0.

9e3a)8a 83. Ba&t/3ta, ;' SCRA Ph/). #(1 ( !'!$ The right of a lawyer to be paid a reasonable ompensation for his servi es does not give him su h a superior interest in the a tion as to pre lude the lient from settling his ase. Goro36e 83. Go+han5+o, ;, Ph/). (-' ( !"($ (eing primarily an offi er of the ourt harged of the duty of assisting the ourt to render impartial .usti e what a lawyer may olle t as his fees is always sub.e t to .udi ial ontrol. A):ano 8. Co)o*a, - SCRA ( ( !,"$ --- --- Counsel who is worthy of his hire is entitled to be fully ompensated for his servi es. =ith his apital onsisting solely of his brains and with his s)ill# a /uired at tremendous ost not only in money but in the e-penditure of time and energy# he is entitled to the prote tion of any .udi ial tribunal against any attempt on the part of a lient to es ape payment of fees. O&/rante 8. IAC, SCRA ",! ( !1!$ --- --- The ounsel:s laim for attorney:s fees may be asserted either in the very a tion in whi h the servi es in /uestion have been rendered# or in a separate a tion. 8f the first alternative is hosen# the ourt may pass upon said laim# even if its amount were less than the minimum pres ribed by law for the .urisdi tion of said ourt# upon the theory that the right to re over atty.:s fees is but an in ident of the ase in whi h the servi es of ounsel have been rendered. 8t also rests on the assumption that the ourt trying the ase is to a ertain degree already familiar with the nature and e-tent of the lawyer:s servi es. The rule against multipli ity of suits will in effe t be subserved. =hat is being laimed here as attorney:s fees by petitioner however different form atty.:s fees as an item of damages provided for under $rt. ''>2 of the CC# wherein the award is made in favor of the litigant# not of his ounsel# and the litigants# not his ounsel is the .udgment reditor who may enfor e the .udgment for atty.:s fees by e-e ution. 7ere

55
the petitioner:s laims are based on alleged ontra t for professional servi es# with them as the reditors and the private respondents as the debtors. 8n filing motion for onfirmation of atty.:s fees# petitioners hose to assert their laims in the same a tion. This is also a proper remedy under our .urispruden e. Tanh&e+o 8. De D&*o, "- SCRA ""( ( !1!$ --- --- Coney is olle ted by an attorney for his lient onstitute trust funds and must be immediately paid over to the lient. The fa t that lawyer has a lien fees on money in his hand olle ted for his lient does not relieve him from his duty promptly to a ount for the money:s re eived: his failure to do so onstitutes professional mis ondu t. The attorneyI lient relationship has always been regarded as of spe ial trust and onfiden e. $n attorney must e-er ise utmost food faith and fairness in all his relationships visIUIvis lient. Respondent fell short of this standard when he failed to render an a ounting for the amount a tually re eived by him and when he refused to turn over any portion of su h amount re eived by him on behalf of his lient upon the prete-t that his attorney upon his lient# the ourt must and will prote t the aggrieved party. Men0o7a>ParBer 8. CA, -# SCRA -'; ( !!($ --- --- The C$# in the e-er ise of its .urisdi tion to review the de isions of lower ourts fi-ing the attorney:s fees# an and did determine whether the attorney:s fees fi-ed by said ourts are reasonable under the ir umstan es. $fter ta)ing into onsideration the various fa tors to guide the ourts in the fi-ing of su h fees# an appellate ourt an redu e the attorney:s fees stipulated by the parties in a ontra t for professional servi es or awarded by the lower ourt to levels whi h it deems reasonable. 8n the absen e of any agreement as to the amount of attorney:s fees# the ourts are authori"ed to determine su h amount to be paid to the attorney as a reasonable ompensation for his professional servi es. $ lawyer# being an offi er of the ourt# is pla ed under .udi ial ontrol with regard to the reasonableness of the amount of the attorney:s fees demanded by him from his lient. Cor6&7 8. CA, !1 SCRA (-( ( !1;$ --- --- The absen e of an e-press ontra t for attorney:s fees is no argument against the payment of su h fee onsidering their lose relation whi h signifies mutual trust and onfiden e between them. Coreover# the payment of attorney:s fees to 9avid may also be .ustified by vitrtue of the innominate ontra t of D facio ut desE 58 do you give6 whi h is based on the prin iple that Dno one shall un.ustly enri h himself at the e-pense of another.E

Metro6o)/tan BanB an0 Tr&3t Co*6an4 8. CA, 1 SCRA #," ( !!;$ *. $ charging lien, to be enfor eable as se urity for the payment of attorney:s fees# re/uires as a ondition sine /ua non a .udgment for money and e-e ution in pursuan e of su h .udgment se ured in the main a tion of the attorney in favor of his lient. $ lawyer may enfor e his right to fees by filing the ne essary petition as an in ident in the main a tion in whi h his servi es were rendered when something dismissed upon the initiative of the plaintiff. The dismissal order neither provided for any money .udgment nor made any monetary award to any litigant# mu h less in favor of petitioner who was a defendant therein. This being so# private respondent:s supposed harging lien is without any legal basis. '. $ petition for re overy of attorney:s fees# either as a separate ivil suit or as an in ident in the main a tion# has to be prose uted and the allegations established as any other money laim. 7en e# the obvious ne essity of a hearing is beyond avil. (ut# as in the e-er ise of any other right onferred by law# the proper legal remedy should be availed of and the pro edural rules duly observed to forestall the possibility of abuse or pre.udi e. Ca0a)/n 8. POEA, -#1 SCRA "- ( !!($ --- --- $ statement of laim for a harging lien shall be filed with the ourt or administrative agen y whi h renders and e-e utes the money .udgment se ured by the lawyer for his lients. The lawyer shall ause written noti e to be delivered to his lients and to the adverse parties. Rule ?D.D(. A la*:er s&all =e -uided =: t&e +ollo*in- +a!tors in deter,inin- &is +ees. a. T&e ti,e spent and t&e e0tent o+ t&e servi!es rendered or re5uiredL =. T&e novelt: and di++i!ult: o+ t&e 5uestions involvedL !. T&e i,portan!e o+ t&e su=Ce!t ,atterL d. T&e sBill de,andedL e. T&e pro=a=ilit: o+ losin- ot&er e,plo:,ent as a result o+ a!!eptan!e o+ t&e pro++ered !aseL

56
+. T&e !usto,ar: !&ar-es +or si,ilar servi!es and t&e s!&edule o+ +ees o+ t&e I/% !&apter to *&i!& &e =elon-sL -. T&e a,ount involved in t&e !ontrovers: and t&e =ene+its resultinto t&e !lient +ro, t&e servi!esL &. T&e !ontin-en!: o+ !ertaint: o+ !o,pensationL i. T&e !&ara!ter o+ t&e e,plo:,ent *&et&er o!!asional or esta=lis&edL and C. T&e pro+essional standin- o+ t&e la*:er. T*o Con!epts o+ Attorne:As 6ees 8n its ordinar: !on!ept# an attorney:s fee is the reasonable ompensation paid to a lawyer for the legal servi es he has rendered to a lient. The basis of this ompensation is the fa t of employment by the lient. 8n its e0traordinar: !on!ept# an attorney:s fee is an indemnity for damages ordered by the ourt to be paid by the losing party to the prevailing party in a litigation. The basis of this is any of the ases authori"ed by law and is payable not to the lawyer but to the lient Q unless they have agreed that the award shall pertain to the lawyer as additional ompensation or as part thereof. The "ules of Court provides under "ule #&', s.<0 only three factorsa. the importan e of the sub.e t matter of ontroversy; b. the e-tent of the servi es rendered; and . the professional standing of the attorney. <nder Rule *,2# s.'0 it is also provided that the ourt is not bound by the opinion of attorney:s as e-pert witness as to proper ompensation and that written ontra t shall ontrol the amount paid unless found by the ourt to be un ons ionable or reasonable. $ ording to .urispruden e# the ourt may also ta)e into onsideration the lient:s apa ity to pay. @inds o+ %a:,ent *&i!& ,a: =e stipulated upon. a. $ fi-ed or absolute fee whi h is payable regardless of the result of the ase; b. $ ontingent fee that is onditioned to the se uring of a favorable .udgment and re overy of money or property and the amount of whi h may be on a per entage basis; . $ fi-ed fee payable per appearan e; d. $ fi-ed fee omputed by the number of hours spent; e. $ fi-ed fee based on a pie e of wor); f. $ ombination of any of the above stipulated fees. @inds o+ Retainer A-ree,ent on Attorne:As +ees. *. 6eneral "etainer or "etaining *ee E 8t is paid to a lawyer to se ure his future servi es as general ounsel for any ordinary legal problem that may arise in the ordinary business of the lient and referred to him for legal a tion '. Special "etainer E That is a fee for a spe ifi lient ase or servi e rendered by the lawyer for a

Co,pensation to *&i!& La*:er is Entitled Dependin- on His Capa!it: *. Counsel de Parte Q 7e is entitled to a reasonable attorney:s fees agreed upon or in the absen e thereof# on /uantum meruit basis. '. Counsel de =ficio Q The ounsel may not demand from the a used attorney:s fees even if he wins the ase. 7e may however olle t from the government funds if available based on the amount fi-ed by the ourt. 8micus Curiae Q 7e is not entitled to attorney:s fees.

,.

8UA2TU1 1ERUIT (AS MUCH AS HE DESERVES$ M The basis of determining the lawyer:s professional fees in the absen e of a ontra t# but re overable by him from the lient M Ge shall be entitled to receive what he merits for his services OUANTUM MERUIT IS AUTH4RINED WHERE. a. there is no e-press ontra t for attorney:s fees agreed upon between the lawyer and the lient; b. when although there is a formal ontra t of attorney:s fees# the stipulated fees are found un ons ionable or unreasonable by the ourt;

57
when the ontra t for attorney:s fees is void due to purely formal matters or defe ts of e-e ution; d. when the ounsel# for .ustifiable ause# was not able to finish the ase to its on lusion; e. when lawyer and lient disregard the ontra t of attorney:s fees f. when there is a ontra t but no stipulation as to attorney:s fees Guides in Deter,inin- Attorne:As 6ees in 8uantu, 1eruit /asis a. Time spent and F+tent of the Services "endered Q $ lawyer is .ustified in fi-ing higher fees when the ase is so ompli ated and re/uires more time and efforts to finish it. b. >ovelty and Difficulty of Juestions nvolved Q =hen the /uestions in a ase are novel and diffi ult# greater efforts# deeper study and resear h# are bound to burn the lawyer:s time and stamina onsidering that there are no lo al pre edents to rely upon. mportance of SubBect Aatter Q The more important the sub.e t matter or the bigger value of the interest or property in litigation# the higher is the attorney:s fee. S,ill demanded of the .awyer Q The totality of the lawyer:s e-perien e provides him the s)ill and ompeten e admired in lawyers. .

. d.

Ber*eHo 83. S/a, '!!(;>CV, Se6te*:er #;, !1#, IAC 8f the lient prevents the su essful prose ution or defense of the a tion# the lawyer will be entitled to re over on a /uantum meruit basis or to the full amount as fi-ed in a valid written agreement if the lient a ted in bad faith. C&a,pertous Contra!ts (8o/06 Q 3awyer stipulates with his lient that in the prose ution of the ase# he will bear all the e-penses for the re overy of things or property being laimed by the lient and the latter agrees to pay the former a portion of the thingKproperty re overed as ompensation. CONTINGENT CONTRACT Contingent fee is payable in ash. 3awyers do not underta)e to pay all e-penses of litigation Not prohibited CHAMPERTOUS CONTRACT Payable in )ind only 3awyers underta)e to pay all e-penses of litigation @oid

*. '. ,.

*. '. ,.

Advanta-es o+ a Written Contra!t *. 8t is on lusive as to the amount of ompensation. '. 8n ase of un.ustified dismissal of an attorney# he shall be entitled to re over from the lient full ompensation stipulated in the ontra t ("8 %&%). Situations *&en Counsel !annot Re!over t&e 6ull A,ount despite Written Contra!t +or Attorne:As 6ees *. =hen the servi es alled for were not performed as when the lawyer withdrew before the ase was finished. 7e will be allowed only by reasonable fees. '. ,. 0. +. 1. &. 2. =hen there is a .ustified dismissal of the attorney# the ontra t will be nullified and payment will be on the basis of /uantum meruit only. $ ontrary stipulation will be invalid. =hen the stipulated attorney:s fees are un ons ionable i.e. when it is disproportionate ompared to the value of servi es rendered and is revolting to human ons ien e. =hen the stipulated attorney:s fees are in e- ess of what is e-pressly provided by law. =hen the lawyer is guilty of fraud or bad faith toward his employment. lient in the matter of his

=hen the ounsel:s servi es are worthless be ause of his negligen e. =hen ontra t is illegal# against morals or publi poli y. Serving adverse interest unless lawyer proves that it was with the onsent of both parties.

ATT4R2E7S 6EES AS DA1AGES General Rule. $ttorney:s fees as damages are not re overable. $n adverse de ision does not ipso facto .ustify their award in favor of the winning party.

58

E0!eptions. $ttorney:s fees in the on ept of damages may be awarded in any of the following ir umstan es: *. when there is no agreement; '. when e-emplary damages are awarded; ,. when defendant:s a tion or omission ompelled plaintiff to litigate; 0. in riminal ases of mali ious prose ution; +. when the a tion is learly unfounded; 1. when defendant a ted in gross and evident bad faith; &. in a tions for support; 2. in ases of re overy of wages; %. in a tions for indemnity under wor)men:s ompensation and employee:s liability laws; *>. in a separate ivil a tion arising from a rime; **. when at least double osts are awarded 5 costs of suit does not include attorney;s fees6; *'. when the ourt deems it .ust and e/uitable; and *,. when a spe ial law so authori"es. 9one3 83. Hort/5&e)a, ,( Ph/). "! ( !#"$ $s a general rule# the person who had no )nowledge of# or ob.e ted to# the lawyer:s representation may not be held liable for attorneys fees even though su h representation redounded to his benefit. The ob.e tion to the lawyer:s appearan e should# however# be raised before and not after benefi ial servi es shall have been rendered by the lawyer# otherwise the party who benefited from the lawyer:s representation may be re/uired to pay ounsel fees. Oro3o 83. Hernae7, Ph/). "" $ lawyer who rendered servi es to a party who did not employ him nor authori"e his employment# annot re over ompensation even if his servi es redounded to the benefit of su h party. Fernan0e7 83. Be))o, ;" SCRA (; The duty of ourts is not alone to see that lawyers a t in a proper and lawful manner; it is also their duty to see that lawyers are paid their .ust and lawful fees. There should be a professional ontra t# e-press or implied# between a lawyer and his lient and the lawyer should have rendered servi es pursuant thereto before he may be entitled to ounsel fees. Pere7 83. S+ott/3h Un/on Nat. In3. Co.. ", Ph/). #-; The in ome of the lawyer is not a safe riterion of his professional ability. Cany very good lawyers earn but small in omes while lawyers of inferior ability may prosper finan ially. Neither is the length of time a lawyer has pra ti ed a reliable measure of his ability; his ompeten y must be .udged by the hara ter of his wor). Ba+a 83. Pa0/))a, !; P. "#;, ALR 11 ( !-;$ The nullity of a professional ontra t whi h results from the illegality of the ob.e t sought to be a hieved by the performan e of the professional servi es pre ludes a lawyer from re overing his fees for su h servi es. Goro36e 83. Go+han5+o, ;, Ph/). (-' ( !'!$ The un ons ionability of the amount of fees stipulated in a professional ontra t renders the ontra t invalid. The ir umstan e that the lient )nowingly entered into su h ontra t does not estop him from /uestioning its validity# for estoppel does not validate a ontra t that is prohibited by law or is against publi poli y. Me0/na 83. Ba&t/3ta, - SCRA ( !,($ The simultaneous representation by a lawyer of opposing parties to a ontroversy# in the absen e of a lient:s onsent to the dual representation made after full dis losure of the fa ts# negates the lawyer:s right to re eive ompensation from both of them. 8f the dual representation is improper# then the laim for attorney:s fees for servi es rendered by the lawyer in that dual apa ity is also improper. C42TI2GE2T 6EE Fe)/+er 83. Ma0r/)eHo3, ' Ph/). -(

59
$ +ont/n5ent fee +ontra+t is one whi h stipulates that the lawyer will be paid for his legal servi es only if the suit or litigation ends favorably to the lient. M/)e3 83. Che4anne Co&ntr4 , !, Ne: ";# $ ontra t for a ontingent fee is an agreement in writing in whi h the fee# usually a fi-ed per entage of what may be re overed in the a tion# and is made to depend upon the su ess in the effort to enfor e or defend a supposed right. U)an0a4 83. Man/)a Ra/)roa0 Co., (' Ph/). '(; ( !-#$ $ ontingent fee ontra t is generally valid and binding# unless it is obtained by fraud# imposition or suppression of fa ts# or the fee is so learly e- essive as to amount to an e-tortion. L/+&0an 83. Co&rt of A66ea)3, !# SCRA -!# D--- =hen it is shown that a ontra t for a ontingent fee was obtained by undue influen e e-er ised by the attorney upon his lient or by any fraud or imposition# or that the ompensation is learly e- essive# the Court must and will prote t the aggrieved party Fran+/3+o 83. Mat/a3, ; SCRA 1! $ eptan e of an initial fee before or during the progress of the litigation does not detra t from the ontingent nature of the fees# as long as the bul) thereof is made dependent upon the su essful out ome of the a tion. D/re+tor of Lan03 83. A:a:a, 11 SCRA ' # $rt. *0%* prohibits only the sale or assignment between the lawyer and his lient# of property whi h is the sub.e t of litigation. D$ ontra t for a ontingent fee is not overed by $rt. *0%* be ause the transfer or assignment of the property must ta)e pla e during the penden y of the litigation ta)es effe t only after the finality of a favorable .udgment. Co&n3e)3 not ent/t)e0 to fee3a. ounsel de offi io unless ourt orders ompensation 5rule *,2# s.,'6; b. P$O lawyers Q annot olle t from litigants; . 3o al ele tive offi ials appearing in a provin ialK ityKmuni ipal tribunals or administrative agen ies of provin eK ityKmuni ipality of whi h he is an ele tive offi ial 5R$ +*2+# s.16 Le0e3*a 83. C)/*a+o, '" SCRA ("# ( !"($ 8n the absen e of law allowing ompensation# the lawyer designated as ounsel de oficio neither violates the onstitutional restri tion against the ta)ing of property without remuneration or the due pro ess of law nor imposes upon the government the obligation to pay him his fees. R&)e #1, Se+t/on #-, R&)e3 of Co&rt The Rules of Court provides a to)en ompensation for attorney de oficio. Sub.e t to the availability of funds as may be provided by law# the ourt may# in its dis retion# order an attorney employed as ounsel de oficio to be ompensated in su h sum as the ourt may reasonably fi-# whi h shall not be less than thirty pesos in any ase nor more than fifty pesos in light felonies; one hundred pesos in less grave felonies; two hundred pesos in grave felonies other than apital offenses; and five hundred pesos in apital offenses Rule ?D.D?. A la*:er s&all in !ases o+ re+erral *it& t&e !onsent o+ t&e !lient =e entitled to a division o+ +ees in proportion to t&e *orB per+or,ed and responsi=ilit: assu,ed.

Note: This is not in the nature of a bro)er:s ommission. A*a)5a*ate0 La:orerJ3 A33n. V3. CIR, -- SCRA --, =hen two or more lawyers representing ommon lients have a professional brea)Iup during the penden y of the ase# their attorney:s fees shall be shared in amounts to be determined by the ourt. Rule ?D.D<. A la*:er s&all not *it& t&e +ull Bno*led-e and !onsent o+ t&e !lient a!!ept an: +ee re*ard !osts !o,,ission interest re=ate or +or*ardinallo*an!e or ot&er !o,pensation *&atsoever related to &is pro+essional e,plo:,ent +ro, an:one ot&er t&an t&e !lient.

.Re6ort of IBP Co**/ttee, 6. D5T6here should be no room for suspi ion on the part of the lient that his lawyer is re eiving ompensation in onne tion with the ase from third persons with hostile interests.E

60
R&)e #1, Se+. -; (e$, ROC The only e- eption whereby a lawyer may re eive relative ompensation from a person other than his lient is when the latter has full )nowledge and approval thereof. D/a7 83. Ia6&nan, (' Ph/). 1(1 ( !#-$ =hatever a lawyer re eives from the opposite party in the servi e of his lient belongs to the lient# in the absen e of his lient:s onsent made after full dis losure of the fa ts. Re+to 83. Har0en, ;; Ph/). (-" ( !',$ $ lawyer may not laim the attorney:s fees in the on ept of damages awarded by the ourt in favor of his lient# e+cept when he and his lient have agreed that whatever amount the ourt may award as attorney:s fees would form part of his ompensation. Rule ?D.D). A la*:er s&ould avoid t&e +ilin- o+ an: !ase a-ainst !lients +or t&e en+or!e,ent o+ &is attorne:As +ees e0!ept to prevent a. i,position =. inCun!tion !. +raud

Judi!ial a!tions to re!over attorne:As +ees. a. file an appropriate motion or petition as an in ident in the main a tion where he rendered legal servi es; b. file a separate ivil a tion for olle tion of attorney:s fees. Otto 83. G*&r, In+., '' Ph/). ,-" ( !# $ 8 lawyer may enforce his right to fees by filing the necessary petition as an incident of the main action in which his services were rendered only*. when something is due the lient in the a tion from whi h the fee is to be paid; or '. when the lient settles or waives his ause in favor of the adverse party in fraud of the lawyer:s laim for ompensation. La+3on 83. Re4e3, 1- SCRA "-! ( !!;$ Sin e the petition is in the nature of an a tion by ounsel against his lient for attorney:s fees# he should pay the do )et or filing fees therefor to enable the ourt to a /uire .urisdi tion over the laim. Ret&4a 83. Gor0&/7, !, SCRA '-! DControversies with lients on erning ompensation are to be avoided by the lawyer so far as shall be ompatible with his selfIrespe t and with his right to re eive reasonable re ompense for his servi es; and lawsuits with lients should be resorted to only to prevent in.usti e# imposition or fraud.E =hen proper# the lawyer an pursue .udi ial a tions to prote t or olle t attorney:s fees due to him. Ge has two options: e. n the same case. 7e may enfor e his attorney:s fees by filing an appropriate motion or petition as an in ident in the main a tion where he rendered legal servi es. This is also to avoid multipli ity of suits. !urther# the ourt trying the main ase is the best position to determine the nature and e-tent of the lawyer:s servi es. Su h a tion however is not proper if the lient re overed nothing in the main ase. The motion or the petition must be filed with the ourt before the .udgment had been satisfied or before the pro eeds were delivered to the lient. n a separate civil action: The lawyer may also enfor e his attorney:s fees by filing an independent separate a tion for olle tion of attorney:s fees.

f.

Ca:a))ero 83. De/6ar/ne, ,; SCRA #, ( !"($ The right of a lawyer to re over from his lient a reasonable ompensation for servi es already performed may be affe ted or negated by mis ondu t on his part# su h as arelessness or negligen e in the dis harge of his duties# misrepresentation or abuse of the lient:s onfiden e or unfaithfulness in representing his lient:s ause. An /n0e6en0ent +/8/) a+t/on to re+o8er attorne4J3 fee3 /3 ne+e33ar4 =here% *. The main a tion is dismissed or nothing is awarded '. ,. The ourt has de ided that it has no .urisdi tion over the a tion or has already lost it The person liable for attorney:s fees is not a party to the main a tion

61
0. +. 1. The ourt reserved to the lawyer the right to file a separate ivil suit for re overy of attorney:s fees The sub.e t servi es are not onne ted with the sub.e t litigation The .udgment debtor has fully paid the .udgment reditor and the lawyer has not ta)en any legal step to have his fees paid dire tly to him from the .udgment pro eeds.

The )a= 6roh/:/t3 the +har5/n5 of attorne4J3 fee3 /n the fo))o=/n5 +/r+&*3tan+e3% 5a6 D=hen the e-e utor or administrator is an attorney# he shall not harge against the estate any professional fees for legal servi es rendered by him.E (Sec. 2, "ule '5, "ules of Court) 5b6 DNo attorney:s fees# negotiation fees or similar harges of any )ind arising from any olle tive bargaining negotiations or on lusions of a olle tive agreement shall be imposed on any member of the ontra ting union. $ny ontra t# agreement or arrangements of any sort to the ontrary shall be null and void.E (par. !, 8rt. <<<5 .abor Code, as amended)

5 6

No attorney pursuing or in harge of the preparation of filing of any laim for benefit under the provisions of the 3abor Code of the Philippines relative to 4mployees: Compensation shall demand or harge for his servi e any fee# and any stipulation to the ontrary shall be null and void. (8rt. </&, .abor Code, as amended) CA242 ?( A la*:er s&all preserve t&e !on+iden!e and se!rets o+ &is !lient even a+ter t&e attorne:F !lient relation is ter,inated. Con+iden!e 3 refers to information by the attorneyI lient privilege . Se!ret 3 refers to the other information gained in the professional relationship that the lient has regulated to be held inviolate or the dis losure of whi h would be embarrassing or would li)ely be detrimental to the lient. R&)e #;, Se+. - (:$, RRC D$n attorney annot# without the onsent of his lient# be e-amined as to any ommuni ation made by the lient to him# or his advise given thereon in the ourse of professional employment# nor an an attorney:s se retary# stenographer# or ler) he e-amined# without the onsent of the lient and his employees# on erning any fa t the )nowledge of whi h he has been a /uired in su h apa ity.E 9is losure of lient:s identity# when overed by the privilege $s a matter of publi poli y# a lient:s identity is not privileged. 7owever# there are e-emptions of the rule# su h as: ,. where a strong probability e-ists that revealing the lient:s name would impli ate that lient in the very a tivity for whi h sought the lawyer:s advi e 0. where dis losure would open the lient to ivil liability +. where the government:s lawyers have no ase against the lient unless# by revealing the lient:s name# the said name would furnish the only lin) that would form the hain of testimony ne essary to onvi t the lient The duty to preserve the relationship is established. lient:s se rets arises from the moment the attorneyI lient

$ lient:s ommuni ation intended for a third party is not privileged. Canon #", CPE 8t is the duty of an attorney to divulge the ommuni ation of his lient as to his announ ed intention to ommit a rime to the proper authorities to prevent the a t or to prote t the person against whom it is threatened. C)arB 83. Un/te0 State3, -1 ! U.S. , "" L e0 !!# ( !##$ =hile a ommuni ation relating to a fraud already ommitted is privileged# a ommuni ation see)ing advi e as to the ommission of a fraud or the establishment of a false laim is an e- eption to the privilege. H/)a0o 8. Da8/0, 1( Ph/).',! ( !(!$ --- --- There is already an attorneyI lient relationship between Crs. 7ilado and $tty. !ran is o when Crs. 7ilado submitted her do uments and as)ed for advise and when $tty. !ran is o gave her su h advise. Cere relation of attorney and lient ought to pre lude the

62
attorney from a epting the opposite party:s retainer in the same litigation regardless of what information was re eived by him from his first lient. U4 Ch/+o 8. Un/on L/fe, -! Ph/). ,# ( ! '$ --- --- The testimony of plaintiff:s ounsel is not privileged. 8t in fa t on erns the dealings of the plaintiff:s attorney with a third person. The very essen e of the veil of se re y is that su h ommuni ations are not intended for the information of third persons or to be a ted upon by them# but for the purpose of advising the lient as to his rights. Thus# ommuni ation made by a lient to his attorney for the purpose of its being ommuni ated to a third person is essentially in onsistent with the onfidential relation. In re% Ha*/)ton, -( Ph/). ;; ( ! #$ $ letter sent by lawyer to a person soli iting professional employment from him and volunteering information is not a onfidential ommuni ation within the meaning of the privilege. Barton 83. Le4te A36ha)t M/nera) O/) CO., ,( Ph/). !#1 ( !-($ $ttorneyI lient privilege is not destroyed by the fa t that a third person may have overheard a ommuni ation intended to be onfidential nor by the ir umstan e that other attorneys represented the lient. !ut as to a third person who may have overheard a onfidential ommuni ation# the privilege does not as a rule apply. Un/te0 State3 83. Io8e), -!, F-0 ! 1, ALR -0 , ( !, $ $n e-pert su h as an a ountant# a s ientist# an engineer or a physi ian# who has been hired either by a lient or an attorney for an effe tive onsultation or ommuni ation between attorney and lient# is overed by the privilege and is pre luded from testifying as to even any information a /uired in the ourse of his employment. Bro=n 83. Sa/nt Pa&) C/t4 R. Co., ,- N<-0 ,11 ( !,#$ The attorneyI lient privilege is intended primarily for the prote tion of the lient and in identally in onsideration for the oath and honor of the attorney. 7en e# the lient is entitled primarily to assert the privilege# and any other person to whom the privilege e-tends annot be ompelled to dis lose any onfidential ommuni ation without onsent. A)eEan0er 83. Un/te0 State3, #1 C.S. #'#, #( L e0 !'( ( 1! $ $ distin tion should be drawn between a rime or fraud already ommitted by a lient on the one hand and a rime or fraud being ommitted or is about to be ommitted on the other hand. $ny ommuni ation by a lient to his ounsel in his professional apa ity with respe t to former omes within the privilege but not with referen e to the latter. Ra0/ant B&rner3 83. A*er/+an Ga3 A33Jn., 3&6ra. The ommuni ation must have been transmitted by a lient to an attorney for the purpose of see)ing legal advi e. ConseCuently# papers and do uments handed to an attorney for ustodial purposes only or for some business or personal servi es and assistan e do not re/uire the hara ter of a privileged ommuni ation# and neither the lient nor the attorney an invo)e the privilege to prevent their dis losure. Nata* 83. Ca6&)e, ! Ph/). ,((, ( !'-$ The lawyer:s duty to maintain inviolate his lient:s onfiden e is perpetual. 8t outlasts his professional employment and ontinues even after the lient:s death for professional onfiden e on e reposed annot be divested by the e-piration of the professional relationship or by the death of the lient. $n attorney is forbidden after the severan e of the relation to do either of two things he may not do anything whi h will in.uriously affe t his former lient nor may he at any time dis lose or use against him any )nowledge or information a /uired by virtue of the professional relationship. Rule ?(.D(. A la*:er s&all not reveal t&e !on+iden!e or se!rets o+ &is !lients e0!ept. a. *&en aut&oriJed =: t&e !lient a+ter a!5uaintin- &i, o+ t&e !onse5uen!es o+ t&e dis!losureL =. *&en re5uired =: la*L . *&en ne!essar: to !olle!t &is +ees as to de+end &i,sel+ &is e,plo:ees or asso!iates or =: Cudi!ial a!tion

Art. -;!. Betra4a) of Tr&3t :4 an attorne4 or 3o)/+/tor. Re8e)at/on of 3e+ret3. 8n addition to the proper administrative a tion# the penalty of prision correccional in its minimum period# of a fine ranging from P'>> to P*>>># or both# shall be imposed upon an attorney at law or soli itor who# by any mali ious brea) of professional duty as an ine- usable

63
negligen e or ignoran e# shall pre.udi e his lient# or reveal any of the se rets of the alter learned by him in his professional apa ity. The same penalty shall be imposed upon an attorney at law or soli itor who# having underta)en the defense of a lient# or having re eived onfidential information from said lient in a ase# shall underta)e the defense of the opposing party in the same ase# without the onsent of the first lient (8rt. </(, "PC). A.B.A. O6. -;- Ma4 -', !(; $ lawyer who a /uired onfidential ommuni ation from a orporate lient on erning past wrongful a ts of its orporate offi ers may dis lose them to its dire tors but not to others e- ept to prevent the ommission of fraud to defend himself against un.ust harges. Sin e a orporate lient a ts through its board of dire tors# dis losure of the latter would be to the lient itself and not to a third party. Ha*/) C Co. 83. En5)an0, '; Mo. A66. ##1 The lient annot also invo)e the privilege# if the ommuni ation relayed to the lawyer involves the ommission of future fraud or rime. Canon #", CPE <nless the revelation by a lawyer of his lient:s onfiden e falls under any of the e- eptions# the dis losure by a lawyer of his lient:s onfiden e or its use to his advantage or to the disadvantage of the lient without the latter:s onsent onstitutes brea h of trust suffi ient to warrant imposition of dis iplinary san tion against him. A.B.A. O63. ! (9an. -#, !#;$ an0 -'; (9&ne -,, !(#$ $n attorney suing a lient for attorney:s fees may also dis lose or use the onfidential ommuni ation of his lient# if su h dis losure or use is ne essary to enable him to se ure his rights. The lient may not be permitted to ta)e advantage of the attorneyI lient privilege to defeat the .ust laim of his lawyer growing out of the attorneyI lient relationship. The attorney should# however# avoid any dis losure whi h is not ne essary to prote t his rights. Rule ?(.D?. A la*:er s&all not to t&e disadvanta-e o+ &is !lient use in+or,ation a!5uired in t&e !ourse o+ e,plo:,ent nor s&all &e use t&e sa,e to &is o*n advanta-e or t&at o+ a t&ird person &n)e33 t&e !lient *it& +ull Bno*led-e o+ t&e !ir!u,stan!es !onsents t&ereto.

Or/ent In3. Co. 83. Re8/))a, '( Ph/). ! ! ( !#;$ $ lient may waive the prote tion of the privilege either personally or through his attorney. 7is attorney# retained in a ase# has the implied authority to waive the privilege on erning any pro edural matter involved in the ase# as by alling his lient to testify on a privileged ommuni ation or by introdu ing in eviden e part of a privileged do ument. Natan 83. Ca6&)e, ! Ph/). ,(; 8f the lawyer ma)es the prohibited dis losure Q that is# the revelation does not fall under any of the e- eptions Q he will be sub.e ted to dis iplinary a tion for brea h of trust. Canon #", CPE 8f an attorney is a used by his lient of mis ondu t in the dis harge of his duty# he may dis lose the truth in respe t to the a usation# in luding the lient:s instru tions or the nature of the duty whi h his lient e-pe ted him to perform. Similarly# if an attorney is harged by a third person in onne tion with the performan e of his duty to his lient# he may also dis lose his lient:s onfiden e relative thereto. Rule ?(.D<. A la*:er s&all not *it&out t&e *ritten !onsent o+ &is !lient -ive in+or,ation +ro, t&e +iles to an outside a-en!: seeBin- su!& in+or,ation +or auditin- statisti!al =ooBBeepin- a!!ountin- data pro!essin- or an: ot&er si,ilar purpose.

Note: The lient:s onsent must be in writing. Peo6)e 83. S49&+o, ,( Ph/). ,," Sin e it has been proven that the abinet belongs to a lawyer and that he )eeps the re ords of his lient therein# the lower ourt annot order the opening of said abinet. To do so is in violation of his rights as an attorney. 8t would be tantamount to ompelling him to dis lose his lient:s se rets. Rule ?(.D). A la*:er ,a: dis!lose t&e a++airs o+ a !lient o+ t&e +ir, to partners or

64
asso!iates t&ereo+ unless pro&i=ited =: t&e !lient. Note: 9is losure to firm partners or asso iates generally allowed be ause professional employment of a law firm is e/uivalent to retainer of members thereof. 8n a law firm# partners or asso iates usually onsult one another involving their ases and some wor) as a team. Conse/uently# it annot be avoided that some information about the ase re eived from the lient may be dis losed to the partners or asso iates. Rule ?(.D". A la*:er s&all adopt su!& ,easures as ,a: =e re5uired to prevent t&ose *&ose servi!es are utiliJed =: &i, +ro, dis!losin- or usin- !on+iden!es or se!rets o+ t&e !lient. The prohibition against a lawyer from divulging the onfiden es and se rets of his lients will be ome a futile e-er ise# if his se retary or staff are given the liberty to do what is prohibited of the lawyer. Re6ort of IBP Co**/ttee, 6. ! The lawyer is obliged to e-er ise are in sele ting and training his employees so that the san tity of all onfiden es and se rets of his lients may be preserved. Rule ?(.DE. A la*:er s&all avoid indis!reet !onversation a=out a !lientAs a++airs even *it& ,e,=ers o+ &is +a,il:.

Not every member of the lawyer:s family has the proper orientation and training for )eeping lient:s onfiden es and se rets. 7en e# it is the better pra ti e for lawyers to be always areful and reserved about the se rets of their lients whi h they must )eep inviolate. Rule ?(.D>. A la*:er s&all not reveal *&at &e &as =een !onsulted a=out in a parti!ular !ase eE+e6t to avoid possi=le !on+li!t o+ interest.

8f a lawyer was onsulted about a parti ular ase# and irrespe tive of whether or not he was thereafter hired as ounsel# should not reveal to others the matter sub.e t of onsultation. R&)e '.;#, CPR The e- eption is when the lawyer will be pla ed in a situation of representing onfli ting interests if he does not dis lose onsultation. Otherwise# if he remains silent# he may be violating the rule against representing onfli ting interests. CA242 ?? A la*:er s&all *it&dra* &is servi!es onl: +or -ood !ause and upon noti!e appropriate in t&e !ir!u,stan!es. WITHDRAWAL /7 LAW7ER A4N4R$33P# a lawyer la )s the un/ualified right to withdraw on e he has ta)en a ase. (P his a eptan e# he has impliedly stipulated that he will prose ute the ase to on lusion. This is espe ially true when su h withdrawal will wor) in.usti e to a lient or frustrate the ends of .usti e. $n 4?C4PT8ON# however# is his right to retire from the ase before its final ad.udi ation# whi h arises only from: *. The lient:s written onsent or '. !or a good ause =ritten Consent of the Client The withdrawal in writing of a lawyer as ounsel for a party# with the lient:s written onformity# does not re/uire the approval of the ourt to be effe tive# especially if the withdrawal is a ompanied by a formal appearan e of a new ounsel. WITHDRAWAL /7 CLIE2T $ lient has the right to dis harge his attorney at any time with or without a ause or even against his onsent. The e-isten e or nonIe-isten e of a .ust ause is important only in determining the right of an attorney to ompensation for servi es rendered. So*e L/*/tat/on3 on C)/entJ3 R/5ht to </th0ra=: *. =hen made with .ustifiable ause # it shall negate the attorney:s right to full payment of ompensation

65
'. The attorney may# in the dis retion of the ourt# intervene in the ase to prote t his right to fees ,. $ lient may not be permitted to abuse his right to dis harge his ounsel as an e- use to se ure repeated e-tensions of time to file a pleading or to indefinitely avoid a trial Ca:/)0o 83. Na8arro, '( SCRA -, ( !"#$ The dis harge of an attorney or his substitution by another without .ustifiable ause shall not negate the attorney:s right to full payment of ompensation as agreed in writing OR# in the absen e of a written retainer# to a reasonable amount based on Cuantum merit. Noti e of dis harge: 8t is not ne essary between lient and attorney. (ut insofar as the ourt and the adverse party is on erned# the severan e of the relation of attorney and lient is not effe tive until: a noti e of dis harge by the lient or a manifestation learly indi ating that purpose is filed with the ourt and a opy thereof served upon the adverse party. 8f the lient has not filed a noti e of dis harge# the duty of the attorney# upon being informed by his lient that his servi es have been dispensed with# is to file: a noti e of withdrawal with the lient:s onformity or an appli ation to retire from the ase he being released from professional responsibility only after his dismissal or withdrawal is made of re ord. Pa)an+a 83. Pe+3on, !( Ph/). ( ! ( !'($ The dis harge of a lawyer by his lient without a valid ause before the on lusion of the litigation does not negate the lawyer:s right to re over payment for his servi es. 7owever# the dis harge may or may not affe t the amount of ompensation depending upon the e-isten e or absen e of a valid written ontra t for professional servi es up to the date of his dismissal. Ro 83. NaGa=a, -" SCRA ;!; ( !,!$ $ lient may dismiss his a tion even without or against the onsent of his ounsel. (ut he may not# by ta)ing su h step# deprive his ounsel of what is due him as attorney:s fees for servi es rendered in the absen e of waiver on the part of his lawyer. 8f the dismissal of the a tion is in good faith and is based on an honest belief that the lient has no void ause# the lawyer may re over only the reasonable worth of his servi es# e- ept when the fee is ontingent in whi h ase there will be no re overy. 8f on the other hand the dismissal of the a tion by the lient is in bad faith and is intended to defraud the lawyer of his ompensation# the lawyer will be entitled to full amount stipulated in a valid written ontra t or# in the absen e of su h ontra t# a reasonable value of his servi es based on Cuantum meruit. The lawyer:s onsent to the dismissal of the a tion does not ne essarily negate his right to ompensation unless su h onsent# in the ir umstan es of the ase# amounts to waiver of his right thereto. Ara*:&)o 8.CA, --1 SCRA '1! ( !!#$ --- --- Sin e the withdrawal was with the lient:s onsent# no approval thereof by the trial ourt was re/uired be ause a ourt approval is indispensable only if the withdrawal is without the lient:s onsent. <nder the first senten e of Rule *,2# Se tion '1# the retirement is ompleted on e the withdrawal is filed in ourt. No further a tion thereon by the ourt is needed other than the me hani al a t of the ler) of ourt of entering the name of the new ounsel in the do )et and of giving noti e thereof to the adverse party. The failure of the ler) of ourt to do either does not affe t the validity of the retirement. The appearan e of the new ounsel# $tty. Pineda# did not li)ewise re/uire the approval of the ourt. $n appearan e may be made by simply filing a formal motion# plea or answer# or through the formal method# viI.# by delivering to the ler) of ourt a written dire tion ordering him to enter the appearan e of the ounsel. Rule ??.D(. A la*:er ,a: *it&dra* &is servi!es in an: o+ t&e +ollo*in- !ases. a. *&en t&e !lient pursues an ille-al or i,,oral !ourse o+ !ondu!t in !onne!tion *it& t&e ,atter &e is &andlin-L =. *&en t&e !lient insist t&at t&e la*:er pursue !ondu!t violative o+ t&is !anons and rulesL !. *&en &is ina=ilit: to *orB *it& !oF!ounsel *ill not pro,ote t&e =est interest o+ t&e !lientL d. *&en t&e ,ental or p&:si!al !ondition o+ t&e la*:er renders it di++i!ult +or &i, to !arr: out t&e e,plo:,ent e++e!tivel:L e. *&en t&e !lient deli=eratel: +ails to pa: t&e +ees +or t&e servi!es or +ails to !o,pl: *it& t&e retainer a-ree,entL

66
+. *&en t&e la*:er is ele!ted or appointed to a pu=li! o++i!eL -. ot&er si,ilar !ases. Wit&dra*al Wit&out ClientAs Consent Pro edure for =ithdrawal: *. $ lawyer must file a petition for withdrawal in ourt# '. serve a opy of this petition upon his lient and the adverse party at least , days before the date set for hearing Note: a. 7e should present his petition well in advan e of the trial of the a tion to enable the lient to se ure the servi es of another lawyer. b. 8f the appli ation is filed under ir umstan es that do not afford a substitute ounsel suffi ient time to prepare for trial or that wor) pre.udi e to the lient:s ause# the ourt may deny his appli ation and re/uire him to ondu t the trial. 8 lawyer should not presume that the court will grant his petition for withdrawal . <ntil his withdrawal shall have been proved# the lawyer remains ounsel of re ord who is e-pe ted by his lient as will as by the ourt to do what the interests of his lient re/uire. Mer+a0o 83. U:a4, 1" SCRA "-; $n attorney is presumed to be properly authori"ed to represent any ause in whi h he appears# and no written power of attorney is re/uired to authori"e him to appear in ourt for his lient. R&)e #1, Se+t/on -,, R&)e3 of Co&rt $ lawyer may also retire at anytime from any a tion or spe ial pro eeding without the onsent of his lient should the ourt# on noti e to the lient and the attorney and on hearing# determine that he ought to be allowed to retire. The appli ation for withdrawal must be based on a good ause. Se+t/on - , R&)e #1, ROC 8f ounsel appears in a ase without any formal noti e of appearan e whi h usually bears the written onformity of the lient# he may be re/uired on Cotion of a party and on reasonable grounds to produ e or prove his authority to appear for the lient. 8t is ontemptuous to appear for a party without having been employed as lawyer. A@&/no 83. B)an+o, "! Ph/). ,(" $ lawyer who is appointed as a Fudge or Fusti e eases to be in pra ti e by operation of law. The same rule applies to a lawyer who is appointed as !is al who upon his /ualifi ation simultaneously eases as ounsel for this lient. 7en e# noti e to him after his /ualifi ation is not noti e to lient. Da)/3a4 83. Go4o, CA>G.R. No.(#' !>R Se6t. -, !"( 8t is the duty of the lawyer to inform the ourt# if he is appointed to a position whi h prohibits pra ti e of law. ' A*. 9&r. -18n the absen e of a retainer from the personal representative of his de eased lient# the attorney has# after the death of the latter# no further a tion on behalf of the de eased. Se+t/on ,, R&)e #, ROC <pon the death 5in apa ity or in ompeten y6 of the lient# it is the duty of the lawyer to inform the ourt immediately of su h event# and to give the name and residen e of his e-e utor# administrator# guardian or other legal representative.5within ,> days6 V/3/ta+/on 83. Man/t, -" SCRA '-# $n attorney who ould not get the written onsent of his lient must ma)e an appli ation to the ourt# for the relation does not terminate formally until there is a withdrawal of re ord. Counsel has no right to presume that the ourt would grant his withdrawal and therefore must still appear on the date of hearing. R/+ona0a Te)e6hone Co*6an4, /n+. 83. B&en8/aHe, 1( SCRA "; The right of a lient to terminate the authority of his ounsel in ludes the right to ma)e a hange or substitution at any stage of the pro eedings. To be valid, any such change or substitution must be madea. upon written appli ation; b. upon written onsent of the lient;

67
. upon written onsent of the attorney to be substituted; d. in ase the onsent of the attorney to be substituted annot be obtained# there must be at least a proof of noti e that the motion for substitution has been served upon him in the manner pres ribed by the rules. Corte7 83. Co&rt of A66ea)3, 1# SCRA # The attorneyI lient relation does not terminate formally until there is a withdrawal made of re ord; at least so far as the opposite the party is on erned# the relation otherwise ontinues until the end of the litigation. <nless properly relieved# the ounsel is responsible for the ondu t of the ase. Re% He/r/+h, (; NE-0 1-', ," ALR-0 1-" ( !'"$ $ ontra t of professional employment terminates upon the death of an attorney. !or that reason# the personal representative of the de eased attorney has no right to assign pending ases to another lawyer of his hoi e as the matter is for the lient to de ide. (ut the death of a partner in a law firm does not severe the professional employment between the law firm and the lient# and the remaining partners in the law firm ontinue to assume professional responsibility in the pending litigation. Rule ??.D?. A la*:er *&o *it&dra*s or is dis!&ar-ed s&all su=Ce!t to a retainer lien i,,ediatel: turn over all papers and propert: to *&i!& t&e !lient is entitled and s&all !ooperate *it& &is su!!essor +or t&e proper &andlin- o+ t&e ,atter.

' A*. 9&r. #!$ retaining lien is a passive lien and may not be a tively enfor ed. 8t amounts to a mere right to retain the papers as against the lient until the lawyer is fully paid. M4er3 83. M/))er, " ALR !"" This is the e/uitable right of the attorney to have the fees due him for servi es in a parti ular suit se ured by the .udgment or re overy in su h suit. The ob.e t of this lien is to prote t the laim on the fruits of the lawyer:s labor. RETAI2I2G LIE2 *. Nature '. ,. (asis Coverage vs. CHARGI2G LIE2 Passive 3ien. 8t annot be a tively $ tive 3ien. 8t an be enfor ed by e-e ution. enfor ed. 8t is a general lien. 8t is a spe ial 3ien 3awful possession of papers# Se uring of a favorable money .udgment for do uments# properly belonging to lient. the lient. Covers only papers# do uments and Covers all .udgments for the payment of property in the lawful possession of the money and e-e utions issued in pursuan e attorney by reason of his professional of su h .udgments. employment. $s soon as the attorney gets $s soon as the laim for attorney:s fees had possession of the papers do uments or been entered into the re ords of the ase. property Client need not be notified to ma)e it Client and adverse party must be notified to effe tive ma)e it effe tive. Cay be e-er ised before .udgment or Aenerally# it is e-er isable only when the e-e ution or regardless thereof. attorney had already se ured a favorable .udgment for his lient.

0. +. 1.

4ffe tivity Noti e $ppli ability

Re5uisites o+ a Retainin- Lien *. there e-ists a lientIlawyer relationship; '. that the laims for attorney:s fees are not satisfied; and ,. that ounsel is in possession of the sub.e t papers# do uments and funds. 8t is still re/uired that 0. his possession be lawful. Otherwise# the lawyer annot e-er ise his right as a retaining lien. Re5uisites o+ a C&ar-in- Lien *. 4-isten e of a lientIlawyer relationship; '. !avorable .udgment se ured by the ounsel for his lient whi h .udgment is a money Budgment; ,. Noting into the re ords of the ase through the filing of an appropriate motion of the statement of the lawyer:s laim for attorney:s fees with opies furnished to the lient and the adverse party

68

Metro6o)/tan BanB C Tr&3t Co*6an4 83. Co&rt of A66ea)3, 1 SCRA #," $ charging lien# to be enfor eable as se urity for the payment of attorney:s fees# re/uires as a ondition sine Cua non a .udgment for money and e-e ution in pursuan e of su h .udgment se ured in the main a tion by the attorney in favor of his lient. $ harging lien presupposes that the attorney has se ured a favorable money .udgment for his lient. ?-- ---. $ harging lien under Se tion ,&# Rule *,2 of the Revised Rules of Court is limited only to money .udgments and not to .udgments for the annulment of a ontra t or for delivery of real property as in the instant ase. Sar*/ento 83. Monta5ne, ( Ph/). ( !'!$ The retaining lien does not atta h to funds# do uments and papers whi h ome into the lawyer:s possession in some other apa ity# su h as an agent of the lient:s spouse or as a mortgagee or trustee. Mat&te 83. Mat&te, ## SCRA #' ( !";$ The attorney:s retaining lien# on e it was lawfully atta hed to funds# do uments and papers of the lient# is un ontestable# and the ourt may not ompel him to surrender them without prior proof that his fees and disbursements have been duly satisfied. A*6/) 83. A5ra8a, #( SCRA #"; ( !";$ 8f however# it is indispensable that the ourt should gain possession of the do uments that have ome to the attorney and are held by him in the ourse of his employment as ounsel# over whi h he has hosen to e-er ise his right of retention# the ourt may re/uire the surrender thereof upon the lient:s posting of an ade/uate bond or se urity to guarantee payment of the lawyer:s fees. 9e3&3>A)ano 83. Tan, ;, Ph/). ''( ( !'!$ The lawyer need not file an a tion in ourt to enfor e his retaining lien to re over his fees and disbursements if what he retains in the e-er ise of his lien refers to funds or money of the lient that lawfully omes into his possession and the lient does not dispute his laim for attorney:s fees and the amount thereof. 8n su h ase# the lawyer may lawfully apply the lient:s funds in satisfa tion of his laim for attorney:s fees and disbursements. Ma+on0ra4 C Co. 83. 9o3e, ,, Ph/). '!; ( !#1$ The attorney:s harging lien ta)es pla e from and after the time the attorney has aused a noti e of his lien to be duly entered in the re ord of the ase. Can0e)ar/o 83. CaG/7are3, ( SCRA "#1 ( !,-$ Should the lient dispute the attorney:s right to or the amount of attorney:s fees# the ourt should hear the parties and determine from the eviden e submitted by them the lawyer:s right to a harging lien as well as the amount thereof before it an order the re ording of the lien. U)an0a4 83. Man/)a Ra/)roa0 Co., (' Ph/). '(; ( !-#$ The attorney:s harging lien# on e duly re orded# atta hes to the .udgment for the payment of money and the e-e utions issued in pursuan e of su h .udgment. 8t also atta hes to the pro eeds of the .udgment in favor of the lient be ause a .udgment for money is only as valuable as the amount that may be reali"ed therefrom. 8t li)ewise atta hes to the pro eeds of a ompromise settlement. The generally a epted rule is that an attorney:s harging lien may be assigned or transferred without the preferen e thereof being e-tinguished e- ept when the assignment arries with it a brea h of the attorney:s duty to preserve his lient:s onfiden e inviolate.

LIA/ILITIES 46 A LAW7ER In re% 9&)/an T. P&:)/+o, ;- SCRA "-Cembership in the (ar is a privilege burdened with onditions. (y far# the most important of them is mindfulness that a lawyer is an offi er of the ourt. In re Para7o, 1- Ph/). -#; The legal profession unli)e any other alling is subservient to the ourt. Courts have the inherent power to adopt proper and ade/uate measures to preserve their integrity and render possible fa ilitate the e-er ise of their fun tions. 8n luding the investigation of harges of error# abuse or mis ondu t of their offi ials and subordinates# in luding lawyers.

69
Peo6)e 83. An0an, CA>G.R. No. # "#>R, Ma4 ", !(! Cembership in the (ar being merely a privilege# the same may be suspended or removed from the lawyer for reasons provided in the Rules# law and .urispruden e. The a tuations of lawyers are sub.e t to s rutiny at all times. The professional a tivities as well as the lawyer:s private lives# in so far as the latter may refle t unfavorably upon the good name and prestige of the profession and the ourts# may at anytime be the sub.e t of in/uiry by the proper authorities. AD1I2ISTRATIVE LIA/ILITIES 46 LAW7ERS To:/a3 83. Ve)o3o, ;; SCRA "" $ *arnin-# in ordinary parlan e# has been defined as an Va t or fa t of putting one on his guard against an impending danger# evil onse/uen es or penalties:# while an ad,onition refers to a gentle or friendly reproof# mild rebu)e# warning or reminder# ounseling# on a fault# error or oversight# an e-pression of authoritative advi e or Vwarning:. They are not considered as penalties. $ repri,and on the other hand# is of a more severe nature# and has been defined as a publi and formal ensure or severe reproof# administered to a person in fault by his superior offi er or a body to whi h he belongs. 8t is more than .ust a warning or an admonition. Suspension is the temporary withholding of the lawyer:s right to pra ti e his profession as a lawyer of a ertain period or for an indefinite period of time. Dis=ar,ent is the a t of the Supreme Court in withdrawing from any attorney the right to pra ti e law. The name of the lawyer is stri )en out from the Roll of $ttorneys. $nd he does not have the right to put in his name even the prefi- D$tty.E. Neither an he sign pleadings even if he does not personally appear in ourt. Se+t/on -", R&)e #1, ROC Hho has the power to discipline errant lawyersK The Supreme Court has the full authority and power warn# admonish# reprimand# suspend and disbar a lawyer. Se+t/on ,, R&)e #!>B, R&)e3 of Co&rt The Court of $ppeals and the Regional Trial Courts are also empowered to warn# admonish# reprimand# and suspend an attorney who appears before them from the pra ti e of law for any of the auses mentioned in Se tion '& of Rule *,2# ROC. (ut they annot disbar a lawyer. Ba)a3a:a3 83. A@&/)/3an, ;, SCRA (1! $n RTC Fudge annot summarily suspend a lawyer as punishment for ommitting an indire t ontempt. That is not allowed under Se tion 1# Rule &* of the Rules of Court. Ro4on5 83. O:)ena, " SCRA 1'! The power to suspend or disbar a lawyer is Budicial in nature and an be e-er ised only by the ourts. 8t annot be defeated by the legislative or e-e utive departments. =hile the legislature may provide in statute that ertain a ts may re/uire disbarment# su h statute annot restri t the general power of the ourt over attorneys who are its offi ers. $ dis=ar,ent pro!eedin- is a lass by itself 5SL !&ara!teristi!s: *. 8t is neither a ivil nor a riminal pro eeding. 6F>F" S6. 8t has the following

'. 9ouble .eopardy annot be availed of in a disbarment pro eeding against an attorney. ,. 8t an be initiated motu propio by the Supreme Court or by the 8(P. 8t an be initiated without a omplainant. 0. 8t an pro eed regardless of interest or la ) of interest of the omplainants. 8f the fa ts proven so warrant. +. 8t is impres riptible. 1. 8t is ondu ted onfidentially being onfidential in nature until its final determination. &. 8t is itself due pro ess of law.

70
S/er8o 83. Infante, "# SCRA #' The power to disbar attorneys must always be e-er ised with great caution and only in lear ases of mis ondu t whi h seriously affe ts the standing and hara ter of the lawyer as an offi er of the ourt and member of the (ar. 1ain 4=Ce!tives o+ Dis=ar,ent and Suspension *. To ompel the attorney to deal fairly and honestly with his lients; '. To remove from the profession a person whose mis ondu t has proved him unfit to be entrusted with the duties and responsibilities belonging to the offi e of the attorney; ,. To punish the lawyer although not so mu h so as to safeguard the administration of .usti e; 0. To set an e-ample or a warning for the other members of the bar; +. To safeguard the administration of .usti e from in ompeten e and dishonesty of lawyers; 1. To prote t the publi . Grounds +or Suspension or Dis=ar,ent o+ 1e,=ers o+ t&e /ar *. de eit; '. malpra ti e# or other gross mis ondu t in offi e; ,. grossly immoral ondu t; 0. onvi tion of a rime involving moral turpitude;; +. violation of oath of offi e; 1. willful disobedien e of any lawful order of a superior ourt; &. orrupt or willful appearan e as an attorney for a party to ase without authority to do so *. DECEIT is a fraudulent and de eptive misrepresentation# artifi e or devi e used by one or more persons to de eive and tri ) another# who is ignorant of the fa ts to the pre.udi e and damage of the party imposed upon. There must be false representation as a matter of fa t.

Cases o+ DECEIT a. Cisappropriation of lient:s fund (Capulong vs. 8lino, << SC"8 0(#) b. !alsifi ation of grades in the (ar 4-amination ( n re- Del "osario, 5< SC"8 &(() . Caneuvering re onveyan e of property in the name of the lawyer instead of the lient in a ase involving sale with pa to de retro ( mbuido vs. *idel Aangonan, 0 SC"8 2%/) '. 1AL%RATICE refers to any malfeasan e or dereli tion of duty ommitted by a lawyer. LEGAL 1AL%RACTICE onsists of failure of an attorney to use su h s)ill# pruden e and diligen e as lawyers of ordinary s)ill and apa ity ommonly possess and e-er ise in the performan e of tas)s whi h they underta)e# and when su h failure pro-imately auses damage# it gives rise to an a tion in tort (Tan Te, !eng vs. David, #<% SC"8 &'(). Cases o+ 1alpra!ti!e a. !ailure of lawyer to appeal in allowing the period of appeal to lapse (ToCuib vs. Tomol, 8dm. Case >o. 550, )an. &, #(%() b. Preparation by a notaryIpubli of a false affidavit (?da. De 6uerrero vs. Gernando, %' SC"8 2%) . $bandonment of lient:s ause ( n re- Manger, 5% Phil. %(#) ,. I114RAL C42DUCT Q that ondu t that is willful# flagrant or shameless and whi h shows a moral indifferen e to the opinion of the good and respe table members of the ommunity. 8t is diffi ult to state with pre ision and to fi- an infle-ible standard at what is Dgrossly immoral ondu tE or to spe ify the moral delin/uen y and obli/uity whi h render a lawyer unworthy of ontinuing as member of the ommunity. 8n the ase of Ar+/5a 83. Man/=an5 ( ;, SCRA '! $ # mere intima y between a lawyer and a woman with no impediment to marry ea h other voluntarily ohabited and had two hildren# is neither so orrupt as to onstitute a riminal a t nor so unprin ipled as to warrant disbarment or dis iplinary a tion against the man as a member of the bar. 0. 14RAL TUR%ITUDE imports an a t of baseness# vileness or depravity in the duties whi h one person owes to another or to so iety in general# whi h is ontrary to the usual a epted and ustomary rule of right and duty whi h a person should follow.

71

Cri,es involvin- 1oral Turpitude. estafa# bribery# murder# bigamy# sedu tion# abdu tion# on ubinage# smuggling# falsifi ation of publi do ument#and violation of (.P. '' +. WILL6UL DIS4/EDIE2CE 46 A27 LAW6UL 4RDER 4R SU%ERI4R C4URT The resistan e or defian e to the order of the ourt must be willful. $ lawyer who is dire ted to do something# su h as surrender re ords# to appear as ounsel de ofi io# to omment on a matter pending with the ourt# may be dis iplined for willful disobedien e of the order (Santo3 83. CA, !1 SCRA 1;,$. In re% Pe)ae7, (( Ph/). '," The grounds under the Rules are not e- lusive and are so broad as to over pra ti ally any mis ondu t of a lawyer in his professional or private apa ity. Morte) 83. A36/ra3, ;; Ph/). '#- ( ! 1$ $ny mis ondu t on the part of a lawyer in his professional or private apa ity whi h shows him to be wanting in moral hara ter may .ustify his suspension or removal from offi e even though the law does not spe ify the a t as a ground for dis iplinary a tion. In re% D/ao, " SCRA ("' ( !,#$ $ lawyer may be disbarred for misrepresentation of false pretense relative to re/uirements for admission to pra ti e. The fa t that a lawyer la )ed any of the /ualifi ations for membership in the bar at the time he too) his oath is a ground for his disbarment. In re% Sotto, #1 Ph/). '#- ( ! 1$ The general rule is that lawyer should not be suspended or disbarred# and the ourt may not ordinarily assume .urisdi tion to dis ipline him# for mis ondu t in his nonIprofessional or private apa ity. Hhere, however, the mis ondu t outside of the lawyer:s professional dealings is so gross a hara ter as to show him to be morally unfit for the offi e and unworthy of the privilege whi h his li ense and the law onfer on him# the ourt may be .ustified in suspending or removing him from the offi e of attorney. Re4e3 83. <on5, ,# SCRA ,," ( !"'$ $n a t of personal immorality on the part of a lawyer in his private relation with the opposite se- may put his moral hara ter in doubt. Gowever# to .ustify suspension or disbarment# the a t must not only be immoral# it must be grossly immoral as well. $ 5ro33)4 /**ora) a+t# is one that is so orrupt and false as to onstitute a riminal a t or so unprin ipled or disgra eful as to be reprehensible to a high degree. %R4CEEDI2GS 64R DIS/AR1E2T SUS%E2SI42 A2D DISCI%I2E 46 ATT4R2E7S . S Pro eedings for disbarment# suspension and dis ipline of attorneys may be ta)en by the Supreme Court motu proprio or by the 8(P upon the verified omplaint of any person S 8(P (oard of Aovernors may motu proprio or upon referral by the SC or by a Chapter (oard of Offi ers or at the instan e of any person# initiate and prose ute proper harges against erring attorneys in luding those in government. The omplaint shall estate learly and on isely the fa ts omplained of and shall be supported by affidavits of persons having personal )nowledge of the fa ts therein alleged andKor by su h do uments as may substantiate su h fa ts. Si- opies of the verified omplaint shall be filed with the Se retary of 8(P or Se retary of any of its Chapters who shall forthwith ommit the same to the 8(P (oard of Aovernors for assignment to an investigator.

4++i!ers aut&oriJed to Investi-ate Dis=ar,ent Cases a. Supreme Court# b. 8(P through its Commission on (ar 9is ipline or authori"ed investigators# and . Offi e of the Soli itor Aeneral The Court of $ppeals and Regional Trial Courts an investigate and ta)e a tion only against lawyers who appear for litigants in ases pending before them.

72
%ro!edure in Dis=ar,ent and 4t&er Dis!iplinar: %ro!eedin-s *. Complaint# in writing and duly sworn to# is filed with the Supreme Court (sec.#) '. 8f found meritorious# a opy thereof shall be served on the respondent and he shall be re/uired to omment within *> days of servi e (sec. %) ,. <pon filing of respondent:s omments or e-piration of the period for filing omment# the Supreme Court either refers to matter to the Offi e of the Court $dministrator 5OC$6 for evaluation# report# and re ommendation# or assigns a Fusti e of the Court of $ppeals 5if respondent is an RTC .udge6 or a .udge of the RTC 5if respondent is a .udge of an inferior ourt6 to investigate and hear the harges (sec.2) 0. $fter hearings# the investigating .usti e or .udge submits a report of findings of fa t# on lusions of law and re ommendations to the Supreme Court (sec.') +. The Supreme Court ta)es a tion as the fa ts and the law may warrant (sec. () Pro eedings shall be private and onfidential but a opy of the de ision or resolution of the Court shall be atta hed to the re ord of the .udge in the Offi e of the Court $dministrator. (sec. ##) W&o !an +ile a dis=ar,ent !ase a-ainst a la*:erK $ny person aggrieved by the mis ondu t of a lawyer may file the orresponding administrative ase with the proper forum. Or# any person even if not aggrieved but who )nows of the lawyer:s mis ondu t# unlawful or unethi al a t may initiate the pro eedings. $ disbarment ase involves no private interests. The Supreme Court or the 8(P may motu propio initiate pro eedings when they per eive a ts of lawyers whi h deserve san tions or when their attention is alled by any one and a probable ause e-ists that an a t has been penetrated by a lawyer whi h re/uires dis iplinary san tions. Con+identialit: o+ Dis=ar,ent or Suspension %ro!eedin-s To avoid the unne essary ruin of a lawyer:s name# dis iplinary pro eedings are dire ted to be onfidential 5or losed door6 until their final determination. 1iti-atin- Cir!u,stan!es in Dis=ar,ent *. Aood faith in the a /uisition of a property of the lient sub.e t of litigation; '. 8ne-perien e of the lawyer; ,. $ge; 0. $pology; +. 3a ) of intention to slight or offend the Court 8. A. Can RTC .udge designated by SC to investigate administrative harge against CTC .udge dismiss the aseM NO. The investigating .udge:s authority is only to investigate# ma)e a report and re ommendation on the ase to be submitted to the SC for final determination (Gra+/ano 83. Se:a3t/an, -# SCRA '11$

Da)0/8ar 83. San0/5an:a4an, Fe:. !1! 8. 8s indefinite suspension of a lawyer a ruel punishmentM A. NO. 8ndefinite suspension gives the lawyer the )ey to the restoration of his right by giving him a han e to purge himself in his own good time of his ontempt of mis ondu t by a )nowledging his mis ondu t# e-hibiting appropriate repentan e# and demonstrating his willingness and apa ity to live up to the e-a ting standards re/uired of every lawyer.

S4n0erJ3 Ca3e, ", ALR ,,, 9isbarment pro eedings may be an hored on a ts ommitted in or out of ourt. L/* 83. Anton/o, ( SCRA (( Considering the serious onse/uen e of disbarment or suspension# it has been onsistently held that learly preponderant eviden e is re/uired to .ustify the imposition of either penalty. In re% De G&7*an, '' SCRA #! 8n disbarment pro eedings# the burden of proof rests upon the omplaint. To be made the basis for suspension or disbarment of lawyer# the harge against him must be established by

73
onvin ing proof. The re ord must dis lose as free from doubt ase whi h ompels the e-er ise by this Court of its dis iplinary powers. The dubious hara ter of the a t done as well as the motivation thereof must be learly demonstrated. Bo)/8er 83. S/*:o), , SCRA ,-# $ny person may bring to this Court:s attention the mis ondu t of any lawyer# and a tion will usually be ta)en regardless of interest or la ) of interest of the omplainant# if the fa ts proven so warrant. The power to dis ipline lawyers of the ourt Q may not be ut short by a ompromise and withdrawal of harges. Morte) 83. A36/ra3, ;; Ph/). '1, 8n a disbarment pro eeding# it is immaterial that the omplainant is in pari delicto be ause this is not a pro eeding to grant relief to the omplainant# but one to purge the law profession of unworthy members# to prote t the publi and the ourts. A66)/+a:/)/t4 of the R&)e of PreH&0/+/a) O&e3t/on, =hen 6ro6er 8f the sub.e t matter of the omplaint is also the sub.e t of or is intertwined in the sub.e t matter of another pending ase# and the resolution of whi h is determinative of the guilt or inno en e of the respondent in the disbarment ase# the disbarment pro eedings may be dismissed for being premature or it may be held in abeyan e pending the final determination of the other ase. %rin!iple o+ Res Ipsa Lo5uitor Appli!a=le to La*:ers and Jud-es Peo6)e 83. Va)en7&e)a, #' SCRA " <nder this prin iple# .udges had been dismissed from the servi e without need of formal investigation be ause based on the re ords# the gross mis ondu t of ineffi ien y of the .udges learly appears. Pr&0ent/a) BanB 83. Ca3tro, ', SCRA ,;( The same prin iple had been applied to lawyers. Thus# if on the basis of the lawyer:s omment or answer to a showI ause Order of the Supreme Court. 8t appears that the lawyer has so ondu ted himself in a manner whi h e-hibits his blatant disrespe t to the Court# or his want of good moral hara ter of his violation of the attorney:s oath# the lawyer may be suspended or disbarred without need of a trialItype pro eeding. E66ECTS 46 %ARD42 In re% Ro8ero, ; SCRA 1;# 8f during the penden y of a disbarment pro eeding# the respondent was granted e-e utive pardon# the dismissal of the ase on that sole basis will depend on whether the e-e utive pardon is absolute or onditional. 8f the pardon is absolute or un onditional# the disbarment ase will be dismissed. 7owever# if the e-e utive pardon is onditional# the disbarment ase will not be dismissed on the basis thereof. d. =: t&e !o,plainant Cor0o8a 8. Cor0o8a, "! SCRA ,1; ( !1!6 The most re ent re on iliation between omplainant and respondent does not e- use and wipe away the mis ondu t and immoral behavior of respondent arried out in publi # and ne essarily adversely refle ting upon him as a member of the (ar and upon the Philippine (ar itself. $n appli ant for admission to membership in the bar is re/uired to show that he is possessed of good moral hara ter. That re/uirement is not e-hausted and dispensed with upon admission to membership in the bar. On the ontrary# that re/uirement persists as a ontinuing ondition for membership in the (ar in good standing. e. =: t&e state ($Ht&rou-& a=solute pardon In re% LontoB =here pro eedings to stri)e an attorney:s name from the rolls are founded on# and depend alone# on a statute ma)ing the fa t of onvi tion for a felony ground for disbarment# it has been held that a pardon operates to wipe out the onvi tion and is a bar to any pro eeding for disbarment of the attorney after the pardon has been granted. (ut where pro eedings to disbar an attorney are founded on the professional mis ondu t involved in a transa tion whi h has ulminated in a onvi tion of felony# it has been held that while the effe t of pardon is to relieve

74
him of the penal onse/uen es of his a t# it does operate to onstitute proof that the attorney does not possess a good moral hara ter and is not a fit or proper person to retain his li ense to pra ti e law. ?$Ht&rou-& !onditional pardon In re% G&tt/ere7, ' SCRA ,, ( !,-$ The pardon granted to respondent here is not absolute but onditional# and they merely remitted the une-e uted portion of his term. 8t does not rea h the offense itself. REI2STATE1E2T Reinstate,ent Con!ept 8n disbarment pro eedings# reinstatement means the restoration to a disbarred lawyer# the privilege to pra ti e law. 8t is nothing more than readmission to membership in the (ar. To be reinstated# there is still a need for the filing of an appropriate petition with the Supreme Court. C&/ 83. C&/, SCRA "'' Reinstatement to the roll of attorneys wipes out the restri tions and disabilities resulting from a previous disbarment. In re% Va/)o+e3, " SCRA ( !1-$ - - - True it is that plenary pardon e-tended to him by the President does not itself warrant his reinstatement. D4viden e of reformation is re/uired before appli ant is entitled to reinstatement# notwithstanding the attorney has re eived a pardon following his onvi tion# and the re/uirement of reinstatement had been held to be the same as for original admission to the bar# e- ept that the ourt may re/uire a greater degree of proof than in an original eviden e.E In re% Ro8ero, 3&6ra. To be reinstated to the pra ti e of law# it is ne essary that the respondent must li)e any other andidate for admission to the bar# satisfy the Court that he is a person of good moral hara ter and a fit and proper person to pra ti e law. >ote in all cases: Aood moral hara ter is not only a ondition pre edent to admission to the pra ti e of law but is a ontinuing re/uirement. W&at ,ust =e deter,ined in an appli!ation +or reinstate,entK In re% R&3/ana, ', SCRA -(; The sole ob.e t of the ourt upon an appli ation for reinstatement to pra ti e# by one previously disbarred# is to determine whether or not the appli ant has satisfied and onvin ed the Court by positive eviden e that the effort he has made toward the rehabilitation of his hara ter has been su essful# and therefore# he is entitled to be readmitted to a profession whi h is intrinsi ally an offi e of trust. Criterion +or Reinstate,ent Pr&0ent/a) BanB 83. BenHa*/n Gre+/a, !- SCRA #1 The riterion for reinstatement has been stated as follows: =hether or not the appli ant shall be reinstated rests to a great e-tent in the sound dis retion of the ourt. The ourt a tion will depend# generally spea)ing# on whether or not it de ides that the publi interest in the orderly and impartial administration of .usti e will be onserved by the appli ant:s parti ipation therein in the apa ity of an attorney and ounsel at law. The appli ant must# li)e a andidate for admission to the (ar# satisfy the Court that he is a person of good moral hara ter Q a fit and proper person to pra ti e law. The Court will ta)e into onsideration the appli ant:s hara ter and standing prior to the disbarment# the nature and hara ter of the harge for whi h he was disbarred# his ondu t subse/uent to the disbarment# and the time that has elapsed between the disbarment and the appli ation for reinstatement. C42TE1%T 46 C4URT In re% Ie))4, #' Ph/). !(( ( ! ,$ The power to punish for ontempt or to ontrol# in the furtheran e of .usti e# the ondu t of ministerial offi ers of the ourt# in luding lawyers and all other persons in any manner onne ted with a ase before it# is inherent in all ourts. @I2DS 46 C42TE1%T. *. Dire!t !onte,pt# whi h is punished summarily# onsists of misbehavior in the presen e of or so near a ourt or .udge as to interrupt or obstru t the pro eedings before the ourt or the administration of .usti e.

75
'. $n indire!t or !onstru!tive !onte,pt is one ommitted away from the ourt involving disobedien e or resistan e to a lawful writ# pro ess# order# .udgment or ommand of ourt# or tending to belittle# degrade# obstru t# interrupt or embarrass the ourt. ,. $ !ivil !onte,pt is the failure to do something ordered by the ourt whi h is for the benefit of a party. 0. $ !ri,inal !onte,pt onsists of any ondu t dire ted against the authority or dignity of the ourt. 8n a dire t ontempt# no formal harge is ne essary and the pro eeding is summary in nature. $ punishment for dire t ontempt by a superior ourt is not appealable# but may be reviewed only on a petition for ertiorari on the ground of grave abuse of dis retion or of la ) of .urisdi tion on the part of the .udge. 8n any indire t ontempt# the law re/uires that there be a harge in writing duly filed in ourt and an opportunity to the person harged to be heard by himself or ounsel. The harge may be made by the fis al# by the .udge or even by a private person. $n order by the ourt re/uiring a person to show ause why he should not be ited for ontempt for some ontuma ious a ts and giving him full opportunity to appear and defend himself is suffi ient. $ formal information by the prose uting offi er is not ne essary. ACTS C42STITUTI2G C42TE1%T *. misbehavior as an offi er of the ourt; '. disobedien e of resistan e to a lawful order of the ourt; ,. abuse of or unlawful interferen e with the .udi ial pro eedings; 0. obstru tion in the administration of .usti e; +. misleading the ourts or ma)ing false allegations; 1. riti isms# insults or veiled threats against the ourt; &. aiding in the unauthori"ed pra ti e of law ; 2. unlawful retention of the lient:s funds; and %. advising his lient to ommit# as the lient by su h advi e did ommit# a ontemptuous a t P<N8S7C4NT: $ lawyer found guilty of ontempt of 8CPR8SONC4NT or (OT7 in the dis retion of the ourt. ourt may be penali"ed by !8N4#

Proof of actual damage not needed: Proof of a tual damage sustained by a ourt of the .udi iary in general is NOT essential for a finding of ontempt# or for the appli ation of the dis iplinary authority of the Court; what is at sta)e in ases of this )ind is the 8NT4AR8TP of the .udi ial institutions of the ountry in general# and of the Supreme Court in parti ular. (Da)0/8ar 8. Gon7a)e3, ,, SCRA # ,, O+to:er ", !11$ CIVIL LIA/ILITIES Art. #-, C/8/) Co0e $ny publi offi er or employee or any private individual# who dire tly or indire tly obstru ts# defeats and violates or in any manner impedes or impairs the ivil rights and liberties of persons shall be liable for damages. A)+a)a 83. De Vera, ', SCRA #; ( !"($ $ll that is re/uired of a lawyer# in the performan e of his duties to his lient# is to e-ert that degree of vigilan e and attention e-pe ted of a good father of a family# or su h degree of are and ordinary diligen e as any member of the bar similarly situated is e-pe ted to e-er ise. I3aa+ 83. Men0o7a, 1! Ph/). -"! ( !' $ $ lient is bound by the a ts# even mista)es# of his ounsel in the realm of pro edural te hni/ue. 7owever# if the lient is pre.udi ed by his lawyer:s negligen e or mis ondu t# he may re over damages against his ounsel# provided the following reCuisites are present*. attorneyI lient relationship; '. want of reasonable are and diligen e; and ,. in.ury sustained by the lient as the pro-imate result thereof Daro4 83. Le5a36/, ,' SCRA ( !"'$ The lawyer is under obligation to ma)e an a ounting of su h funds that ome into his possession. 7is failure to return the lient:s money or property after demand gives rise to the presumption that he has misappropriated the same to his personal benefit and ma)es him ivilly

76
liable in favor of the therefrom. LI/EL lient# apart from his riminal or administrative responsibility arising

The generally a epted rule is that lawyers are e-empted from liability for libel or slander for words# otherwise defamatory# published in the ourse of .udi ial pro eedings# provided that the statements are onne ted with# or relevant# pertinent# material to# the ause in hand or the sub.e t of in/uiry. 8. Ciss Carallag# through ounsel# filed a petition for the issuan e of the writ of preliminary in.un tion# en.oining Cr. Ca.u om from enfor ing the writ of e-e ution awarded by the lower ourt in a ase of for ible entry against the latter. The SC denied the petition. 8n the Cotion for Re onsideration# the ounsel of Cs. Carallag in her pleading alleged libelous statement against the SC .usti es# whi h statements were irrelevant to the petition. =as the move of the ounsel properM 4-plain. NO. The generally a epted rule is that lawyers are e-empted from liability for libel or slander for words# otherwise defamatory# published in the ourse of .udi ial pro eedings# provided that the statements are onne ted with# relevant# pertinent or material to# the ause in hand or the sub.e t of in/uiry. 8n order that the matter alleged in a pleading may be privileged# it need not be in every ase material to the issues presented by the pleadings. The pleadings should ontain but plain and on ise statement of the material fa ts# and if the pleader goes beyond the re/uirements of the law and alleges irrelevant matter whi h is libelous# he loses his privilege. (In re% La&reta, (1 SCRA (--$

A.

CRI1I2AL LIA/ILIT7 Art. -;!, RPC $ lawyer who# for any mali ious brea h of professional duty or ine- usable negligen e or ignoran e# shall pre.udi e his lient or reveal any of the se rets of the latter learned by him in his professional apa ity# may be held riminally liable therefor. Two acts are penaliIed, to wita. ausing pre.udi e to lient through mali ious brea h of professional duty or through ine- usable negligen e or ignoran e# and b. revealing the lient:s se ret learned in the lawyer:s professional apa ity through mali ious brea h of professional duty or through ine- usable negligen e or ignoran e. Art. "-, RPC $ny person who shall )nowingly introdu e in eviden e in any .udi ial pro eeding or to the damage of another or who# with intent to ause su h damage# shall use any false do ument may be held riminally liable therefor. Me0/na 83. Ba&t/3ta, - SCRA ( !"'$ $ lawyer who misappropriates his lient:s funds may be held liable for estafa. S%ECIAL DISA/ILITIES 46 LAW7ERS a. b. . d. Ele,ents: (Art. (! , NCC$ there must be an attorneyI lient relationship the property or interest of the lient must be in litigation the attorney ta)es part as ounsel in the ase the attorney by himself or through another pur hases su h property or interest during the penden y of the litigation.

La/5 83. Co&rt of A66ea)3 ( !"1$ $ lawyer may not be dis iplined for pur hasing his lient:s property that is not in litigation# or for a /uiring it at a time when he was not nor had eased to be the lient:s ounsel or when the litigation had terminated. Re5a)a0o Daro4 83. E3te:en A:e+/a, -!1 SCRA -#! The prohibition in $rt. *0%* does not apply to the sale of a par el of land a /uired by a lient to satisfy a .udgment in his favor# to his attorney as long as the property was not sub.e t of the litigation. !or indeed# while .udges# prose uting attorneys and others onne ted with the administration of .usti e are Dprohibited from a /uiring property or rights in litigation or levied upon in e-e utionE the prohibition with respe t to attorneys in a ase e-tends only to property and rights whi h may be the ob.e t of any litigation in whi h they may ta)e part by virtue of their profession.

77
JUDICIAL ETHICS Judi!ial Et&i!s 3 bran h of moral s ien e whi h treats of the right and proper ondu t to be observed by all .udges and magistrates in trying and de iding ontroversies brought to them for ad.udi ation whi h ondu t must be demonstrative of impartiality# integrity# ompeten e# independen e and freedom from improprieties. Sour!es o+ Judi!ial Et&i!s 1. Code of Fudi ial Condu t &. The Constitution 5$rts. @888# 8? and 8886; 2. Civil Code 5$rts. %# '># '&# ,'# ,+# &,%# *0%*# '>>+# '>,+# '>016; %. Revised Rules of Court 5Rules &*# *,+# *,&# *,%(# *,>6; *>. Revised Penal Code 5$rts. '>0# '>+# '>1# '>&6; **. $nitIAraft and Corrupt Pra ti es $ t 5R$ ,>*%6; *'. Canons of Fudi ial 4thi s 5$OW *1'6; *,. Code of Professional Responsibility; *0. Fudi iary $ t of *%02 5R$ '%16; *+. Fudi iary Reorgani"ation $ t of *%2> 5(P *'%6; *1. Supreme Court 9e isions; *&. !oreign 9e isions; *2. Opinions of $uthorities; *%. SC Cir ulars In Re% Sotto, 1- Ph/). '!' The Supreme Court of the Philippines is# under the Constitution# the last bulwar) to whi h the !ilipino people may go to obtain relief for the grievan es or prote tion of their rights when these are trampled upon# and if the people lose their onfiden e in the honesty and integrity of the members of this Court and believe that they annot have .usti e therefrom# they might be driven to ta)e the law into their hands# and disorder and perhaps haos might be the result. $s a member of the bar and an offi er of the ourts# $tty. @i ente Sotto# li)e any other# is duty bound to uphold the dignity and authority of this Court# to whi h he owes fidelity a ording to the oath he has ta)en as su h attorney# and not to promote distrust in the administration of .usti e. Respe t to the ourts guarantees the stability of other institutions# whi h without su h guaranty would be resting on a very sha)y foundation. L&@&e 83. Ia4anan, -! SCRA "# 8t is the duty of both ounsel and .udge to maintain# not to destroy# the high esteem and regard for ourts. $ny a t on the part of one or the other that tends to undermine the people:s respe t for# and onfiden e in# the administration of .usti e is to be avoided. In re% A)*a+en, # SCRA '"1 Courts and .udges are not sa rosan t. They should and e-pe t riti al evaluation of their performan e. !or li)e the e-e utive and the legislative bran hes# the .udi iary is rooted in the soil of demo rati so iety# nourished by the periodi appraisal of the iti"en:s whom it is e-pe ted to serve. DE6I2ITI42S. Court 3 a board or other tribunal whi h de ides a litigation or ontest Jud-e 3 a publi offi er who# by virtue of his offi e# is lothed with .udi ial authority# a publi offi er lawfully appointed to de ide litigated /uestions in a ordan e with law. De Jure Jud-e 3 one who is e-er ising the offi e of .udge as a matter of right; an offi er of a ourt who has been duly and legally appointed# /ualified and whose term has not e-pired. De 6a!to Jud-e 3 an offi er who is not fully invested with all the powers and duties on eded to .udges# but is e-er ising the offi e of a .udge under some olor of right. 8uali+i!ations o+ SC ,e,=ers. ,. Natural born Citi"en of the Philippines; 0. $t least 0> years of age; +. Cust have been for at least *+ years a .udge of a lower ourt or engaged in the pra ti e of law 5Se . & 5*6# $rt. @888# *%2& Constitution6 8UALI6ICATI42S 46 RTC JUDGES *. NaturalIborn iti"en of the Philippines; '. $t least ,+ years of age; ,. !or at least *> years has been engaged in the pra ti e of law in the Phil. or has held publi offi e in the Phil. re/uiring admission to the pra ti e of law as an indispensable re/uisite.

78
8UALI6ICATI42S 46 1TC JUDGES *. NaturalIborn iti"en of the Philippines; '. $t least ,> years of age; ,. !or at least + years has been engaged in the pra ti e of law in the Phil. or has held publi offi e in the Phil. re/uiring admission to the pra ti e of law as an indispensable re/uisite. 8. 8n his written appli ation for the offi e of CTC .udge# ( failed to dis lose that he had two riminal ases pending against him. Con erned iti"ens of the town harged him with ondu t pre.udi ial to the servi e. Cay he be dismissed even if he was later a /uitted of all harges in the riminal asesM A. Pes. 4very prospe tive appointee to the .udi iary must apprise the appointing authority of every matter bearing on his fitness for .udi ial offi e# in luding su h ir umstan es as may refle t on his integrity and probity. The a t of on ealing ' riminal ases against him is lear proof of his la ) of the said /ualifi ations and renders him unworthy to sit as a .udge. 7is later being a /uitted is immaterial for he is not being hastened for having had a pending riminal ase at the time of his appli ation# but for his dishonesty in see)ing that offi e. (G&t/erre7 8. Be)an, -!( SCRA $ C4DE 46 JUDICIAL C42DUCT %REA1/LE An honora:)e, +o*6etent an0 /n0e6en0ent H&0/+/ar4 eE/3t3 to a0*/n/3ter H&3t/+e an0 th&3 6ro*ote the &n/t4 of the +o&ntr4, the 3ta:/)/t4 of 5o8ern*ent, an0 the =e))>:e/n5 of the 6eo6)e. Courts are established to ad.udi ate pea efully ontroversies between individual parties for the as ertainment# enfor ement and redress of private rights# or for the punishment of wrongs done to the publi . CA242 ( A Cud-e s&ould up&old t&e inte-rit: and independen!e o+ t&e Cudi!iar: Rule (.D(. A Cud-e s&ould =e t&e e,=odi,ent o+ !o,peten!e independen!e. inte-rit: and

Ta)en3>Da:on 8. Ar+eo, A.M. No. RT9>!,> ##,, 9&)4 -', !!, --- --- .udges and .usti es# must not only be profi ient in both the substantive and pro edural aspe ts of the law# but more importantly# they must possess the highest integrity# probity# and un/uestionable moral uprightness# both in their publi and private lives. Ar:an 83. BorHa, (# SCRA ,#( $ .udge is the visible representation of the law and more importantly of .usti e. $s su h# he should avoid even the slightest infra tion of the law. The nature of a .udge:s position demands e/uanimity# pruden e# fortitude and ourage. The rule pro.e ts that .udges are the personifi ation of profi ien y 5 ompeten e6 in law# of in orruptibility 5integrity6 and of impartiality and nonIsubservien e 5independen e6. Lo6e7 83. Fernan0e7, !! SCRA ,;# Fusti e Cal olm identified good Fudges in his ponencia in !orromeo vs. Aariano (0# SC"8 &<<) as Dmen who have a mastery of the prin iples of law# who dis harge their duties in a ordan e with law# who are permitted to perform the duties of the offi e undeterred by outside influen e# and who are independent and selfIrespe ting human units in a .udi ial system e/ual and oordinate to the other two departments of governmentE. the .udi iary needs .udges who read# study# and ponder Q .udges who personify learning and e/uanimity. A:a0 83. B)e7a, (' SCRA ,;# D--- 4ven in the remaining years of his stay in the .udi iary# he should )eep abreast with the hanges in the law and with the latest de isions and pre edents. Servi e in the .udi iary means a ontinuous study and resear h on the law from beginning to end. ---E Geot/na 83. Gon7a)e3, ( SCRA ,, $ .udge in the performan e of his duties should strive at all times to be Dwholly free# disinterested# impartial and independent.E B&ena8/3ta, 9r. 83. Gar+/a, 1" SCRA '!! $ .udge who displays ignoran e of or indifferen e to the law# erodes publi onfiden e in the ompeten e and fairness of the ourts. 7e ommits a disservi e to the ause of .usti e.

79

Rule (.D?.

A Cud-e s&ould ad,inister Custi!e i,partiall: and *it&out dela:.

Tan, 9r. 83. Ga))ar0o, "# SCRA # ' 8t is undisputed that the sole purpose of ourts of .usti e is to enfor e the laws uniformly and impartially without regard to persons or their ir umstan es or the opinions of men. Fudges should not only appear impartial. 8t must be obvious# therefore# that while .udges should possess profi ien y in law in order that they an ompetently onstrue and enfor e the law# it is more important that they should a t and behave onfiden e in their impartiality. G&t/erre7 83. Santo3, - Ph/). 1( $ party litigant is entitled to no less than the old neutrality of an impartial .udge. Mart/ne7 83. G/rone))a, ,' SCRA -(' ( !"'$ $ .udge should not only render a .ust # orre t and impartial de ision but should do so in su h a manner as to be free from any suspi ion as to its fairness and impartiality and as to his integrity. Canon ,, Canon3 of 9&0/+/a) Eth/+3 The re/uirement that .udges must de ide ases within the spe ified periods is intended to prevent delay in the administration of .usti e. !or .usti e delayed is often .usti e denied. Rule (.D<. A Cud-e s&ould =e vi-ilant a-ainst an: atte,pt to su=vert t&e independen!e o+ t&e Cudi!iar: and resist an: pressure +ro, *&atever sour!e.

In re% C&nanan et a)., !( Ph/). '#( 8f laws are passed whi h subvert the independen e of the .udi iary# .udges must be wary and should de lare at the first opportunity# the un onstitutionality of the law. The Constitution did not onfer on Congress the authority and responsibility over the admission# suspension# disbarment and reinstatement of attorneysIatIlaw. In re% Gar+/a, - SCRA !1( The 4-e utive 9epartment may not en roa h upon the onstitutional prerogative of the Supreme Court to promulgate rules for admission to the pra ti e of law in the Philippines. CA242 ? A Jud-e s&ould avoid i,propriet: and t&e appearan!e o+ i,propriet: in all a!tivities A)a7a3 83. Re4e3, # SCRA ((' $ .udge:s offi ial ondu t and his behavior in the performan e of .udi ial duties should be free from the appearan e of impropriety and must be beyond reproa h. Ca:rera 83. PaHare3, (- SCRA -" Cembers of the .udi iary should display not only the highest integrity but must at all times ondu t themselves in su h a manner as to be beyond reproa h and suspi ion. 7e should be studiously areful to avoid even the slightest infra tion of the law. Pa)an5 83. Do3a, '1 SCRA "", (e ause appearan e is as important as reality in the performan e of .udi ial fun tions# li)e Ceasar:s wife# a .udge must not only be pure but beyond suspi ion. Da=a, et a) 8. De A3a, A0*. Matter No. MT9>!1> ((, 9&)4 --, !!1 The people:s onfiden e in the Fudi ial system is founded not only on the magnitude of legal )nowledge and the diligen e of the members of the ben h# but also on the highest standard of integrity and moral uprightness they are e-pe ted to possess. Core than simply pro.e ting an image of probity# a .udge must not only appear to be a Dgood .udgeE; he must also appear to be a Dgood person.E Ferrer 8. Mara*:a, A0*. Matter No. MT9>!#>"!', Ma4 (, !!1 ?-- --- <se of physi al violen e and intemperate language in publi reveals a mar)ed la ) of .udi ial temperament and selfIrestraint# traits whi h# besides the basi e/uipment of learning in the law# are indispensable /ualities of every .udge. Rule ?.D(. A Cud-e s&ould so =e&ave at all ti,es as to pro,ote pu=li! !on+iden!e in t&e inte-rit: and i,partialit: o+ t&e Cudi!iar:. Note: Rule refers to behavior in publi and private life.

80

9a8/er 8. De G&7*an, 9r., A0*. Matter No. RT9>1!>#1;, De+e*:er !, !!; $ .udge:s offi ial ondu t should be free from the appearan e of impropriety# and his personal behavior# not only upon the ben h and in the performan e of .udi ial duties# but also in the everyday life, should be beyond reproa h. ?-- --- That a .udge: offi ial life annot simply be deta hed or separated from his personal e-isten e and that upon a Fudge:s attributes depend the publi per eption of the Fudi iary MaBa)/nta) 8. The, A. M. RT9>1!>#1;, De+e*:er !, !!; 9e isions of ourt need not only be .ust but must be per eived to be .ust and ompletely free from suspi ion or doubt both in its fairness and integrity. Rule ?.D?. A Cud-e s&ould not seeB pu=li!it: +or personal vain-lor:.

Fudges must avoid publi ity for personal vanity or selfIglorifi ation. 8f lawyers are prohibited from ma)ing publi statements in the media regarding a pending ase to arouse publi opinion for or against a party ("ule #&./<, CP") and from using or permitting the use of any undignified or selfIlaudatory statement regarding their /ualifi ations or legal servi es. ("ule &./#, CP")# with more reasons should .udges be prohibited from see)ing publi ity for vanity or selfI glorifi ation. Go 83. Co&rt of A66ea)3, -;, SCRA ,' $ .udge must not be moved by a desire to ater to publi opinion to the detriment of the administration of .usti e. Rule ?.D<. A Cud-e s&all not allo* +a,il: so!ial or ot&er relations&ips to in+luen!e Cudi!ial !ondu!t or Cud-,ent. T&e presti-e o+ so!ial o++i!e s&all not =e used or lent to advan!e t&e private interests o+ ot&ers nor !onve: or per,it ot&ers to !onve: t&e i,pression t&at t&e: are in a spe!ial position to in+luen!e t&e Cud-e.

$ .udge li)e any other human beings lives in ontinuous interpersonal relationships in the family# in the Chur h# in the ommunity and others. =hatever is the thread of the relationship# he should not allow it to influen e his .udi ial ondu t and performan e of duties. San 9&an 8. Ba5a)a3+a, A. M. No. RT9>!"> #!', De+e*:er --, !!" $ .udge:s note to the register of deeds# re/uesting that the issuan e of the TCT be e-pedited# Dgives ground for suspi ion that she is utili"ing the power or prestige of her offi e to promote the interest of others.E Pa0/))a 8. Dant&a, 9r., A0*. Matter No. MT9>!#>111, O+to:er -(, !!( Constant ompany with a lawyer tends to breed intima y and amaraderie to the point that favors in the future may be as)ed from the .udge whi h he may find hard to refuse. ?-- This eventuality may undermine the people:s faith in the administration of .usti e. Ga))o 8. Cor0ero, A0*. Matter No. MT9>!'> ;#', 9&ne - , !!' Privately meeting with a used in the absen e of a omplaint or the latter:s ounsel opens a .udge to harges partiality and bias. 8t is of no moment that the .udge intention was merely to apprise the a used of his onstitutional rights. Rule ?.D). A Cud-e s&all re+rain +ro, in+luen!in- in an: ,anner t&e out!o,e o+ liti-ation or dispute pendin- =e+ore anot&er !ourt or ad,inistrative a-en!:.

Off/+e of the Co&rt A0*/n/3trator 8. De G&7*an, Hr., A. M. No. RT9>!#> ;- , 9an&ar4 # , !!" The a t of interferen e by a .udge with a ase pending in the sala of another .udge 5e.g. by approa hing the latter on behalf of a party litigant6 learly tarnishes the integrity and independen e of the .udi iary and subverts the people:s faith in our .udi ial pro ess. ?-- --.udges are held to higher standards of integrity and ethi al ondu t than attorneys or other persons not invested with the publi trust. Monta):an 83. Canono4, A0*. Ca3e No. "!>9, Mar+h ', !" =hen the a tuations of a .udge are assailed on grounds other than legal ones# and imputing to the .udge personal motives# the .udge annot be blamed if he ta)es personal interest in trying to disprove the imputations. Sant/a5o 83. Co&rt of A66ea)3, 1( SCRA ,!; ( !!;$ 8n a spe ial pro eeding# the .udge whose order is under atta ) in the appellate ourt is merely a nominal party. Conse/uently# the .udge himself or as petitioner should not file a petition

81
for review see)ing a reinstatement of his hallenged order# he being not an a tive ombatant but one imbued with the duty of deta hment. CA242 < A Cud-e s&ould per+or, o++i!ial duties &onestl: and *it& i,partialit: and dili-en!e. ADJUDICATIVE RES%42SI/ILITIES Rule <.D( A Cud-e s&all =e +ait&+ul to t&e la* and ,aintain pro+essional !o,peten!e.

$ .udge being the visible representative of the law must be a model for uprightness# fairness and honesty# and should be e-traI areful to avoid even the slightest infra tion of the law for that will set a bad and demorali"ing e-amples to others. Lo6e7 83. Fernan0e7 Competen e is a mar) of a good .udge. 7e should not stop studying for the law is dynami . 8t grows and grows. Conse/uently# the .udge should be onversant with the law and its amendments. AHeno 83. In3erto, " SCRA ,, 4ven in the remaining years of his stay in the .udi iary he should )eep abreast with the hanges in the law and with the latest de ision and pre edents. Servi e in the .udi iary means a ontinuous study and resear h on the law from beginning to end. De )a Cr&7 8. Con+e6+/on, A0*. Matter No. RT9>!#> ;,-, A&5&3t -', !!( To onstitute gross ignoran e of the law# the sub.e t de ision# order or a tuation of the .udge in the performan e of his offi ial duties must not only be ontrary to e-isting law and .urispruden e but# most importantly# he must be moved by bad faith# fraud# dishonesty or orruption. Peo6)e 8. Ga+ott, 9r., G. R. No. ,;(!, Mar+h -;, !!' !ailure to he ) itations of pleadings is ine- usable negligen e. ?-- --- Fudges should be reminded that ourts are duty bound to ta)e .udi ial noti e of all the laws of the land 5se . * Rule *'%6. (eing trier of fa ts# .udges are presumed to be wellIinformed of e-isting laws# re ent ena tments and .urispruden e# in )eeping with their sworn duty as members of the bar and ben h to )eep abreast of legal developments. Rule <.D? In ever: !ase a Cud-e s&all endeavor dili-entl: to as!ertain t&e +a!ts and t&e appli!a=le la* uns*a:ed =: partisan interests pu=li! opinion or +ear o+ !riti!is,.

The ourt:s findings of fa ts must not be based on the personal )nowledge of the .udge but upon the eviden e presented and offered in the ase. 8f a .udge has personal )nowledge# he must offer himself a witness and let the ase be transferred to another .udge. Guidelines +or E++i!ient Rendition o+ Jud-,ent 4r Judi!ial 4pinion *. The Fudge should observe the usual and traditional method of dispensing .usti e# whi h re/uires that he should hear both sides with patien e and understanding before he should render a de ision (Ca3tt/))o 83. 9&an, ,- SCRA -($. '. The .udge should de ide a ase impartially on the basis of the eviden e presented and shall apply the appli able law as his guides (Bon0o+ 83. De G&7*an, '" SCRA #'$. ,. The .udge should state learly and distin tly the fa ts and the law on whi h he based his .udgment 0. The .udge disposing of ontroverted ases should indi ate his reasons for his opinions or on lusions to show that he did not disregard or overloo) the serious arguments of the parties: ounsel. +. The .udge should ma)e his de isions or opinions brief but omplete in all the essentials. 1. 8f the personal view of the .udge ontradi t the appli able do trine promulgated by the Supreme Court# nonetheless# he should de ide the ase in a ordan e with that do trine and not in a ordan e with his personal views.

82
&. The .udge should de ide ases promptly# that is# within the period re/uired by law. 2. The signed .udgment must be un onditionally filed with the Cler) of Court to have it onsidered within the %>Iday deadline for rendering .udgments. %. 4-treme are should be made in the ma)ing of the dispositive portion of the de ision for that is the part of the de ision whi h is to be implemented. Canon 1, C9E 8n de iding ases# a .udge should apply the law to parti ular instan es. 7e violates his duty as a minister of .usti e under a government of laws and not of men if he see)s to do what he may personally onsider substantial .usti e in a parti ular ase and disregards the law as he )nows it to be binding upon him. A):ert 83. Co&rt of F/r3t In3tan+e of Man/)a, -# SCRA !(1 ( !,1$ 8f he feels that a law or do trine enun iated by the Supreme Court is against his way of reasoning or his ons ien e# he may state his personal opinion on the matter but should de ide the ase in a ordan e with law or .urispruden e. D/re+tor of Pr/3on3 8. An5 Cho I/o, G. R. No. L>#;;; , 9&ne -#, !"; --- --- de ision of a ourt should ontain only opinion that is relevant to the /uestion that is before the ourt for de ision. --- ourts are not on erned with the wisdom or morality of the laws# but only in the interpretation and appli ation of the law. Canon ", C9E 8n disposing of ontroverted ases# a .udge should indi ate the reasons for his a tion in opinions showing that he has not disregarded or overloo)ed serious arguments of ounsel. 7e should show his full understanding of the ase# avoid the suspi ion of arbitrary on lusion# promote onfiden e in his intelle tual integrity and ontribute useful pre edent to the growth of the law. Peo6)e 8. Venera+/on, G. R. No. !!1">11, O+to:er -, !!' ?-- --- Dobedien e to the rule of law forms the bedro ) of our system of .usti e. 8f .udges# under the guise of religious or politi al beliefs were allowed to roam unrestri ted beyond boundaries within whi h they are re/uired by law to e-er ise the duties of their offi e# the law be omes meaningless. $ government of laws# not of men e- ludes the e-er ise of broad dis retionary powers of those a ting under is authority. <nder this system# .udges are guided by the Rule of 3aw# and ought to prote t and enfor e it without fear or favor# or even the interferen e of their own personal beliefs.E T&r@&e7a 83. Hernan0o, !" SCRA (1# ( !1;$ $ .udge whose order is hallenged in an appellate ourt does not have to file any answer or ta)e a tive part in the pro eeding unless e-pressly dire ted by the appellate ourt. 7e is merely a nominal party to the ase. 8t is the duty of the private respondent to appear and defend both in his behalf and in behalf of the ourt or .udge whose order or de ision is at issue. The .udge should not waste his time ta)ing an a tive part in the pro eeding whi h relates his offi ial a tuations in a ase# but should apply himself to his prin ipal tas) of hearing and ad.udi ating the ases in his ourt. Rule <.D<. A Cud-e s&all ,aintain order and proper de!oru, in t&e !ourt.

The .udge is one who loo)s# tal)s and dresses li)e one with de en y and respe tability. 7e is a omplete gentleman 5or gentlelady6 profi ient in law# upright# fearless# honest and dedi ated to the ause of law as dispenser of .usti e. Pro eedings in the ourt must be ondu ted formally and solemnly. The atmosphere must be hara teri"ed with honor and dignity befitting the seriousness and importan e of a .udi ial trial. Rule <.D). A Cud-e s&ould =e patient attentive and !ourteous to la*:ers espe!iall: t&e ine0perien!ed to liti-ants *itnesses and ot&ers appearin- =e+ore t&e !ourt. A Cud-e s&ould avoid un!ons!iousl: +allin- into t&e attitude o+ ,ind t&at t&e liti-ants are ,ade +or t&e !ourts instead o+ t&e !ourts +or t&e liti-ants.

8n addressing ounsel# litigants# or witnesses# the .udge should avoid a ontroversial tone 5Canon *0# CF46 or a tone that reates animosity. 7e should be onsiderate of witnesses and others in attendan e in his ourt 5Canon %# CF46.

83

Ro4e+a 83. An/*a3, " SCRA ( !",$ $ .udge without being arbitrary# unreasonable or un.ust may endeavor to hold ounsel to a proper appre iation of their duties to the ourts# to their lients and to the adverse party and his lawyer# so as to enfor e due diligen e in the dispat h of business before the ourt. 7e may utili"e this opportunities to riti i"e and orre t unprofessional ondu t of attorneys# brought to his attention# but he may not do so in an insulting manner. In re% A)*a+en, # SCRA '"" $s iti"en and offi er of the ourt# every lawyer is e-pe ted not only to e-er ise the right but also to onsider it his duty to e-pose the short omings and indis retions of ourts and .udges. Rule <.D". A Cud-e s&all dispose o+ t&e !ourtAs =usiness pro,ptl: and de!ide !ases *it&in t&e re5uired periods.

Pun tuality is a .oint responsibility of both .udges and lawyers# in luding ourt personnel li)e the stenographers and interpreters. $ ase is deemed submitted for de ision not from the time the stenographi notes were trans ribed. $ ase or matter shall be deemed submitted for de ision or resolution upon the filing of the last pleading# brief# or memorandum re/uired by the Rules of Court or by the ourt itself. Ca3tro 83. Ma)a7o, !! SCRA ,' =e must on e more impress upon the members of the Fudi iary their sworn duty of administering .usti e without undue delay under the timeIhonored pre ept that .usti e delayed# is .usti e denied. Mo4a 8. Ten3&an, A0*. Matter No. -';">CFI, A&5&3t ;, !1 Fudges must be autioned that it is not the date of signing the de ision but the date of re eipt of the Cler) of Court that must be re )oned from the date of submission of the ase for de ision in order to omply with the %>Iday period ---. Sa)8a0or 8. Sa)a*an+a, A0*. Matter No. R> "">MT9, Se6te*:er -(, !1, Fudges should de ide ases even if the parties failed to submit memoranda within the given periods. NonIsubmission of memoranda is not a .ustifi ation for failure to de ide ases. The filing of memoranda is not a part of the trial nor is the memorandum itself an essential# mu h less indispensable# pleading before a ase may be submitted for de ision. O&er4 of 9&05e Dan/)o M. Tener/fe, A0*/n. Matter No. !(>'>(->MTC, Mar+h -;, !!, 9elay in the trans ription of stenographi notes by a stenographi reporter under the .udge:s supervision and ontrol annot be onsidered a valid reason for delay in rendering .udgment --- --- $ .udge annot be allowed to blame his ourt personnel for his own in ompeten e or negligen e --- --- Pre isely# .udges are dire ted to ta)e down notes of salient portions of the hearing and pro eed in the preparation of de isions without waiting for the trans ribed stenographi notes# the %>Iday period for de iding ases should be adhered to. Bo)a)/n 8. O++/ano, A. M. No. MT9>!,> ;(, 9an&ar4 (, !!" 8f the ase load of the .udge prevents the disposition of ases within the pres ribe period# he should as) for a reasonable e-tension of time from the Supreme Court. R/8era 8. La*orena, A.M. No. RT9>!"> #! , O+to:er ,, !!" ?-- --- The delay in resolving motions and in idents pending before a .udge within the reglementary period of ninety 5%>6 days fi-ed by the Constitution and the law is not e- usable and onstitutes gross ineffi ien y. Supreme Court almost always grants re/uests for e-tension of time to de ide ases. $ heavy aseload may e- use a .udge:s failure to de ide ases within the reglementary period; but not his or her failure to re/uest an e-tension of time whi h to de ide the same on time# 5i.e. before the e-piration of the period to be e-tended. 8. Fudge ? failed to a t on a motion to dismiss a ase. 7e ontends that the delay was brought about by the failure of his staff to present him the e-Iparte motion to resolve. 8s the ontention of Fudge ? validM $ .udge annot ta)e refuge behind the ineffi ien y or mismanagement by ourt personnel. Proper and effi ient ourt management is as mu h as his responsibility. 8t is also his duty to organi"e and supervise the ourt personnel to ensure the prompt and effi ient dispat h of business.

A.

84

Rule <.DE.

W&ile a Cud-e ,a: to pro,ote Custi!e prevent *aste o+ ti,e or !lear up so,e o=s!urit: properl: intervene in t&e presentation o+ eviden!e durint&e trial it s&ould al*a:s =e =orne in ,ind t&at undue inter+eren!e ,a: prevent t&e proper presentation o+ t&e !ause or t&e as!ertain,ent o+ trut&.

Va)0e7 83. A@&/)/7an, ## SCRA '; $ .udge may properly intervene to e-pedite and prevent unne essary waste of time. 7e may intervene to profound larifi atory /uestions# but should limit himself only to larifi atory /uestions and not to as) sear hing /uestions after the witness had given dire t testimony. Peo6)e 83. Cat/n0/han, !" SCRA ,"! =hen a .udge may intervene to lear some obs urity or prevent waste of time# the same must be done with onsiderable ir umspe tion. There will be undue interferen e if the .udge will e-tensively profound /uestions to the witnesses# whi h will have the effe t of or will tend to build or bolster the ase for one of the parties. Canon (, C9E $ .udge should avoid interruptions of ounsel in their arguments e- ept to larify his mind as to their positions# and he should not be tempted to an unne essary display of learning or a premature .udgment. 5Canons of Fudi ial 4thi s6 E interference in conduct of trial. =hile a .udge may properly intervene in a trial of a ase to promote e-pedition and prevent unne essary waste of time# or to lear up some obs urity# nevertheless# he should bear in mind that his undue interferen e# impatien e# or parti ipation in the e-amination of witness# or a severe attitude on his part towards witnesses# espe ially those who are e- ited or terrified by the unusual ir umstan es of trial# may tend to prevent the proper presentation of the ause# or the as ertainment of the truth in respe t thereto. Fudges are not mere referees li)e those of a bo-ing bout they should have as mush interest as ounsel in the orderly and e-peditious presentation of eviden e# alling the attention of ounsel to points at issue that are overloo)ed# dire ting them to as) the /uestion that would eli it the fa ts on the issues invo)ed# larifying ambiguous remar)s of witnesses (Peo6)e 83. Iha3an, -! SCRA ,!'$. Rule <.D>. A Cud-e s&ould a=stain +ro, ,aBin- pu=li! !o,,it,ents on an: pendin- or i,pendin- !ase and s&ould re5uire si,ilar restraint on t&e part o+ t&e !ourt personnel.

$ .udge must hear both sides before he should attempt to ma)e any on lusion on the issues of a ase Q whi h on lusion ould be the basis of his written .udgment. 8t is dangerous for a .udge to ma)e omments# spe ially publi ly# of pending ases before his ourt or even impending ases su h as those publi ly )nown and anti ipated to be filed in ourt having been sub.e ted of wide publi ity or sensationali"ed in the media. AD1I2ISTRATIVE RES%42SI/ILITIES Rule <.DG. A Cud-e s&ould dili-entl: dis!&ar-e ad,inistrative responsi=ilities ,aintain pro+essional !o,peten!e in !ourt ,ana-e,ent and +a!ilitate t&e per+or,an!e o+ t&e ad,inistrative +un!tions o+ ot&er Cud-es and !ourt personnel.

The .udge is the administrator of his ourt. 7e is responsible for the administrative management thereof. 7e supervises the ourt personnel to ensure prompt and effi ient dispat h of business in his ourt. Re@&e3t of 9&05e E0&ar0o F. Carta5ena, A.M. no. !'>!>!1>MCTC, De+e*:er (, !!" Re/uests for permission to travel abroad on offi ial time should not be presumed granted by the Supreme Court. ?-- --- $ .udge who departs for abroad without the )nowledge# let alone the permission# of the Court violates Cemorandum Order No. '10 whi h mandates the re/uests for permission to travel abroad from members and employees of the .udi iary should be obtained from the Supreme Court. B&ena8ent&ra 83. Bene0/+to, #1 SCRA " The Supreme Court found the in lination of the respondent .udge to lenien y in the administrative supervision of his employees an undesirable trait.

85
Shan 83. A5&/na)0o, " SCRA #!or his failure to perform his duties# the .udge annot use as e- use the negligen e or malfeasan e of his own employees. N/0&a 83. La7aro, "( SCRA '1 The employees are not guardians of the .udge:s responsibilities. 8nstead of being obstru tive# he should help fa ilitate the performan e of the administrative fun tions of other .udges and ourt personnel. 7e must oordinate and ooperate with the other .udges spe ially .udges of higher ourts and other .udges gearing toward an effi ient and prompt dispensation of .usti e. Y3a3/ 83. Fernan0e7, -, SCRA #!' Fudges should respe t the orders and de isions of an appellate ourt. Refusal to honor and in.un tive order of the Supreme Court onstitutes ontempt. Hernan0e7 83. Co)a4+o, ,( SCRA (1; Fudges should respe t resolutions of the Supreme Court. V/8o 83. C)or/:e), 1 SCRA " # They should ta)e ogni"an e of settled rulings of the Supreme Court. De Leon 83. Sa)8a0or, #, SCRA '," Fudges should not interfere with the orders and de isions of .udges of oIe/ual ourts. Rule <. D;. A Cud-e s&ould or-aniJe and supervise t&e !ourt personnel to ensure t&e pro,pt and e++i!ient dispat!& o+ =urdens and re5uire at all ti,es t&e o=servan!e o+ &i-& standards o+ pu=li! servi!e and +idelit:. ourt

Tan 8. Ma0a4a5, A0*. Matter No. RT9>!#>!!', Mar+h , !!( $ .udge annot ta)e refuge behind the ineffi ien y or mismanagement of his personnel. Proper and effi ient ourt management is definitely his responsibility.

Canon 1, Canon3 of 9&0/+/a) Eth/+3 $ .udge must properly organi"e in ourt to ensure prompt and onvenient dispat h of its business. SC C/r+&)ar No. # 0ate0 9&)4 # , !1", 6ar. ( (a$ $ .udge should losely supervise ourt personnel so that ade/uate pre autions are ta)en in sending out subpoenas# summons and ourt pro esses to ensure that they are timely served and re eived. The .udge must re/uire his personnel to observe at all times the observan e of high standards of publi servi e and fidelity# whi h he ould well do# by e-ample. Pare0e3 83. Pa0&a, A.M. CA>! >#>P (Ma4 ", !!#$ Court personnel must adhere to the high ethi al standards to preserve the Court:s good name and standing. Rule <.(D. A Cud-e s&ould taBe or initiate appropriate dis!iplinar: ,easure a-ainst la*:ers or !ourt personnel +or unpro+essional !ondu!t o+ *&i!& t&e Cud-e ,a: &ave =e!o,e a*are.

The .udge may summarily punish any person in luding lawyers and ourt personnel# for direct ontempt for misbehavior ommitted in the presen e of or so near a ourt or a .udge as to obstru t or interrupt the pro eedings before the same 5Rule &*# RRC6. 7e may also punish any person for indirect ontempt after appropriate harge and hearing who is guilty of the a ts enumerated under Se tion ,# Rule &* of the Rules of Court. 4very ourt has the inherent power among others# to preserve and enfor e orders in its immediate presen e# to ompel obedien e to its .udgments# orders and pro esses and to ontrol# in furtheran e of .usti e# the ondu t of its ministerial offi ers (Se+t/on ', R&)e #', RRC$. Da))a4>Pa6a 83. A)*ora, ; SCRA #", $lthough a .udge has the power to re ommend for appointment ourt personnel# however# he has no power to dismiss them. The power to dismiss a ourt employee is vested in the Supreme Court.

86
Rule <.((. A Cud-e s&ould appoint !o,,issioners re!eivers trustees -uardians ad,inistrators and ot&ers on t&e =asis o+ ,erit and 5uali+i!ations avoidin- nepotis, and +avoritis,. Unless ot&er*ise allo*ed =: la* t&e sa,e !riterion s&ould =e o=served in re!o,,endin- t&e appoint,ent o+ !ourt personnel. W&ere t&e pa:,ent o+ Cust !o,pensation is allo*ed it s&ould =e reasona=le and !o,,ensurate *it& t&e +air value o+ servi!es rendered.

Canon

, C9E 8n appointing su h persons# he must be guided stri tly by merits and /ualifi ation of the appli ants Q that is# on the basis of their hara ter# ability and ompeten y. There must be no room for nepotism and favoritism. Art. -((, Re8/3e0 Pena) Co0e $ny publi offi er who shall )nowingly nominate or appoint to any publi offi e any person la )ing the legal /ualifi ation therefore shall be guilty of unlawful appointment punishable with imprisonment and fine. DIS8UALI6ICATI42S Rule <.(?. A Cud-e s&ould taBe no part in a pro!eedin- *&ere t&e Cud-eAs i,partialit: ,i-&t =e reasona=l: 5uestioned. T&ese !ases in!lude a,on- ot&ers pro!eedin-s *&ere. a. t&e Cud-e &as personal Bno*led-e o+ disputed evidentiar: +a!ts !on!ernin- t&e pro!eedin-L =. t&e Cud-e served as e0e!utor ad,inistrator -uardian trustee or la*:er o+ t&e !ase o+ ,atters in !ontrovers: or a +or,er asso!iate o+ t&e Cud-e served as !ounsel durin- t&eir asso!iation or t&e Cud-e or la*:er *as a ,aterial *itness t&ereinL !. t&e Cud-e rulin- in a lo*er !ourt is a su=Ce!t o+ revie*L d. t&e Cud-e is related =: !onsan-uinit: or a++init: to a part: liti-ant *it&in t&e si0t& de-ree or to !ounsel *it&in t&e +ourt& de-reeL e. t&e Cud-e Bno*s t&at t&e Cud-eAs spouse or !&ild &as a +inan!ial interest as &eirs le-atee auditor +idu!iar: or ot&er*ise in t&e su=Ce!t ,atter in !ontrovers: or in a part: to t&e pro!eedin-s or an: ot&er interest t&at !ould =e su=stantiall: a++e!ted =: t&e out!o,e o+ t&e pro!eedin-.

A H&05e *a4, /n the eEer+/3e of h/3 3o&n0 0/3+ret/on, 0/3@&a)/f4 h/*3e)f fro* 3/tt/n5 /n a +a3e, for H&3t or 8a)/0 rea3on3 other than tho3e *ent/one0 a:o8e. In e8er4 /n3tan+e, the H&05e 3ha)) /n0/+ate the )e5a) rea3on for /nh/:/t/on. Mateo 83. V/))a)&7, '; SCRA 1, Ca3t/))o 83. 9&an, ,- SCRA -" $ litigant is entitled to no less than the old neutrality of an impartial .udge. 9ue pro ess annot be satisfied in the absen e of that degree or ob.e tivity on the part of a .udge suffi ient to reassure litigants of his being fair and .ust. =hen the .udge has personal )nowledge of disputed evidentiary fa ts# he will lose that degree of ob.e tivity. The tenden y will be for him to de ide the ase based on his personal )nowledge and not ne essarily on the basis of the eviden e presented and offered by the parties. 7is ob.e tivity is therefore impaired. Conse/uently# the rule of fairness demands of him that he should ta)e no part in the ase and let another .udge hear and de ide it. G&t/erre7 83. Santo3, - Ph/). 1( ( !, $ The rule on dis/ualifi ation of a .udge# whether ompulsory or voluntary# to hear a ase finds its rationale in the salutary prin iple that no .udge should preside in a ase whi h he is not wholly free# disinterested# impartial and independent# whi h is aimed at preserving the people:s faith and onfiden e in the ourts of .usti e. A6ar/+/o 83. An0a), "' SCRA ',! ( !1!$ The mere filing of an administrative ase against a .udge is not a ground for dis/ualifying him from hearing the ase. !or if on every o asion the party apparently aggrieved would be allowed to either stop the pro eeding in order to await the final de ision on the desired dis/ualifi ation# or demand the immediate inhibition of the .udge on the basis alone of his being so harged# many ases would have to be )ept pending or perhaps there would not be enough .udges to handle all the ases pending in all ourts. The Court has to be shown# other than the filing of the administrative omplaint# a ts or ondu t of the .udge learly indi ative of arbitrariness or pre.udi e before the latter an be branded the stigma of being biased or partial.

87

Cf. A&3tr/a 83. Ma3a@&e), -; SCRA -(" $ .udge should dis/ualify himself when a former asso iate served as ounsel in the ase during their asso iation. I5na+/o 83. V/))a)&7, !; SCRA , 9ue pro ess re/uirements annot be satisfied in the absen e of that degree of ob.e tivity on the part of a .udge suffi ient to reassure litigants of his being fair and .ust. Go8ern*ent 83. He/r3 of A:e))a, (! Ph/). #"( $ petition to dis/ualify a .udge must be filed before rendition of .udgment by the .udge. A)eEan0er Ho=0en 83. Co))e+tor of Interna) Re8en&e, # SCRA ,; 8t must first be presented to him for his determination. 8t annot be raised for the first time on appeal. A0*n. Matter% Con3tante P/*ente), 1' SCRA ( The ob.e tion of the ompeten y of a .udge must be filed with him in writing but not in an unverified letter. The .udge will then determine his ompeten y. P/*ente) 83. Sa)an5a, - SCRA ,; ?-- 8f a litigant is denied a fair and impartial trial# indu ed by the .udge:s bias or pre.udi e# we will not hesitate to order a new trial# if ne essary# in the interest of .usti e. 9oa@&/n 83. Barreto, -' Ph/). -1 8f the .udge dis/ualifies or inhibits himself# he must state the legal reason therefore. This is important be ause# if any party wishes to /uestion the Order# the appellate ourt an ta)e ogni"an e thereof and an review the soundness or unsoundness of the reason for dis/ualifi ation or inhibition. A):o3 8. A)a:a, A0*. Matter NO. MT9> ' ", Mar+h , !!( $ .udge is bound never to onsider lightly a motion for his inhibition that /uestions or puts to doubt# however insignifi ant# his supposed predile tion to a ase pending before him. =hile he must e-er ise great pruden e and utmost aution in onsidering and evaluating a hallenge to his impartiality# he is e-pe ted# nevertheless# to a t with good dispat h. $ny delay# let alone an ina tion# on his part an only fuel# whether .ustified or not# an intensified distrust on his apability to render dispassionate .udgment on the ase. Para4no 8. Mene3e3, G.R. No. -,1(, A6r/) -,, !!( ?-- $ .udge may# in the e-er ise of his sound dis retion# inhibit himself voluntary from sitting in a ase# but it should be based on good sound or ethi al grounds# or for .ust and valid reasons. ?-- it is the .udge:s sa red duty to administer .usti e without fear or favor. DIS8UALI6ICATI42 *. Rule on dis/ualifi ation numerates the grounds under whi h any .udge or .udi ial offi er is dis/ualified from a ting as su h an the e-press enumeration therein of su h grounds e- lude the others. '. Rule gives the .udi ial offi er no dis retion to try to sit in a ase. 8. I2HI/ITI42 *. Rule does not e-pressly enumerate the spe ifi grounds for inhibition but merely gives a broad basis thereof# i.e. good# sound or ethi al grounds. '. Rule leaves the matter of inhibition to the sound dis retion of the .udge.

Fudge ? is a dea on in the 8NX hur h. P# a member of the same religious se t belonging to the same 8NX filed a ase against Y who belongs to the 4l Shaddai Charismati group. The ase was raffled to Fudge ?:s sala. The lawyer of Y filed a motion to dis/ualify Fudge ? on the ground that sin e he and the plaintiff belonged to the same religious se t# Fudge ? would possess the old neutrality of an impartial .udge. Fudge ? denied the motion sin e the reason involved for his dis/ualifi ation was not among the grounds for dis/ualifi ation under the Rule of Code of Fudi ial Condu t. =as Fudge ?:s denial of motion for inhibition wellI foundedM P4S. The fa t that the Fudge ? and litigant P both belong to 8NX while litigant Y belongs to 4l Shaddai group# is not mandatory ground for dis/ualifying Fudge ? from presiding over the ase. The motion for his inhibition is addressed to his sound dis retion and he should e-er ise the same in a way the people:s faith in the ourts of .usti e is not impaired.

A.

88

RE1ITTAL 46 DIS8UALI6ICATI42 Rule <.(<. A Cud-e dis5uali+ied =: t&e ter,s o+ Rule <.(? ,a: instead o+ *it&dra*in+ro, t&e pro!eedin- dis!losure on t&e re!ord t&e =asis o+ 5uali+i!ation. I+ =ased on su!& dis!losure t&e parties and la*:ers independentl: o+ t&e Cud-eAs parti!ipation all a-ree in *ritin- t&at t&e reason +or in&i=ition is i,,aterial or insu=stantial t&e Cud-e ,a: t&en parti!ipate in t&e pro!eedin-. T&e a-ree,ent si-ned =: all parties and la*:ers s&all =e in!orporated in t&e re!ord o+ t&e pro!eedin-.

The .udge must maintain and preserve the trust and faith of the parties litigants. 7e must hold himself above reproa h and suspi ion. $t the very first sign of la ) of faith and trust to his a tions# whether well grounded or not# the Fudge has no other alternative but inhibit himself from the ase. Note: --- a .udge# otherwise dis/ualified by the terms of ,.*' has the option of inhibiting himself from the pro eedings or simply dis losing the presen e of any of the grounds enumerated in Rule ,.*'. The parties and their lawyer may agree# in writing# to allow the .udge to parti ipate in the pro eeding. CA242 ). A Cud-e ,a: *it& due re-ard to o++i!ial duties en-a-e in a!tivities to i,prove t&e la* t&e Le-al S:ste, and t&e Ad,inistration o+ Custi!e. %ARTICI%ATI42 I2 %RIVATE DEALI2GS Rule ).D(. A Cud-e ,a: to t&e e0tent t&at t&e +ollo*in- a!tivities do not i,pair t&e per+or,an!e o+ Cudi!ial duties or !ast dou=t on t&e Cud-eAs i,partialit:. a. speaB *rite le!ture tea!& or parti!ipate a!tivities !on!ernin- t&e la* t&e le-al s:ste, and t&e ad,inistration o+ Custi!eL =. appear at a pu=li! &earin- =e+ore a le-islative or e0e!utive =od: on ,atters !on!ernin- t&e la* t&e le-al s:ste, or t&e ad,inistration o+ Custi!e and ot&er*ise !onsult *it& t&e, on ,atters !on!ernin- t&e ad,inistration o+ Custi!eL !. serve on an: or-aniJation devoted to t&e i,prove,ent o+ t&e la* t&e le-al s:ste, or t&e ad,inistration o+ Custi!e. Lltimately the decision to engage in the aforementioned activities will depend upon the sound Budgment of the Budge as he is in the best position to ,now his ability, competence and wea,nesses. A):o3 8. A)a:a, 3&6ra ?-- --- .udges are# as they should be# en ouraged to engage in any lawful enterprise that may help bring about an improved administration of .usti e. (ut# as that it may# .udges must not allow themselves to be thereby distra ted from the performan e of their .udi ial tas)s whi h must remain at all times to be their foremost and overriding on ern. CA242 " A Cud-e s&ould re-ulate e0traFCudi!ial a!tivities to ,ini,iJe t&e risB o+ Con+li!t *it& Judi!ial Duties A V4CATI42AL CIVIC A2D CHARITA/LE ACTIVITIES Rule ".D(. A Cud-e ,a: en-a-e in t&e +ollo*in- a!tivities provided t&at t&e: do not inter+ere *it& t&e per+or,an!e o+ Cudi!ial duties or detra!t +ro, t&e di-nit: o+ t&e !ourt. a. *rite le!ture tea!& speaB on nonFle-al su=Ce!tsL =. en-a-e in t&e arts sports and ot&er spe!ial re!reational a!tivitiesL !. parti!ipate in !ivi! and !&arita=le a!tivitiesL d. serve as an o++i!er dire!tor trustee or nonFle-al advisor o+ a nonF politi!al edu!ational reli-ious !&arita=le +raternal or !ivi! or-aniJation.

8f they opt to engage in su h a tivities# they must learn how to manage their time in su h manner that their .udi ial responsibilities do not falter and suffer. Fudges annot serve as offi ers or advisers of politi al aggrupations and organi"ations established for profit. Fudges must refrain from partisan politi al a tivities and organi"ations for

89
profit. Otherwise# he will be for ed to advan e the interests of these organi"ations through the use of his offi e or influen e. Canon -(, C9E =hile .udges may parti ipate in ivi and haritable a tivities# they are not allowed to soli it donations for su h a tivities. 7e should not use the power of his offi e or the influen e of his name to promote the business interests of others. 7e should not soli it for harities. 8. S was a .udge and the publisherK olumnist for a tabloid# he was also a writer for another paper. A harged him with using his olumns to ventilate his views. 7e has repeatedly used insulting and inflammatory language against the governor# provin ial prose utor and legal adviser. 9e ide. A. =hile S has the right to free spee h# his writing of vi ious editorials ompromises his duties as .udge in the impartial administration of .usti e. They refle t on his offi e and on the offi ers he ridi ules. The personal behavior of a .udge in his professional and everyday life should be free from the appearan e of impropriety as su h ondu t erodes publi onfiden e in the .udi iary. (Ga)an5 83. Santo3, #;" SCRA ',-$. 6I2A2CIAL ACTIVITIES Rule ".D?. A Cud-e s&all re+rain +ro, +inan!ial and =usiness dealin-s. (. t&at tend to re+le!t adversel: on t&e !ourts i,partialit:L ?. t&at inter+ere *it& t&e proper per+or,an!e o+ Cudi!ial a!tivitiesL or <. t&at in!rease involve,ent *it& la*:ers or persons liBel: to !o,e =e+ore t&e !ourt.

Note: 8nterpreting the above rule# .udges therefore# are not prohibited from having finan ial and business dealings. Gowever# they must ever be mindful of ir umstan es des ribed in the same rule whi h ould render their finan ial and business dealings unethi al. Canon -', C9E $ .udge should abstain from ma)ing personal investments whi h are apt to be involved in litigation in his ourt; and# after a ession to the ben h# he should not retain su h investments previously made# longer than a period suffi ient to enable him to dispose of them without serious loss. B&ena8ent&ra 83. Bene0/+t, #1 SCRA " Se tion '0 of the Canons of Fudi ial 4thi s re/uires a .udge to refrain from private business ventures or haritable enterprises so as not to give o asion any suspi ion that he utili"es the power of his offi e or the influen e of his name for the su ess of su h underta)ings or to give rise to any situation wherein his personal interest might onfli t with the impartial performan e of his offi ial duties. Ma+ar/o)a 83. A3&n+/on, ( SCRA 1 ?-- there is no provision in both in *%,+ and *%&, Constitutions of the Philippines# nor is there an e-isting law e-pressly prohibiting members of the Fudi iary from engaging or having interest in any lawful business. The *%2& Constitution and the Fudi iary Reorgani"ation $ t of *%2> have no provisions prohibiting .udges from engaging in business. 9a8/er 83. De G&7*an, !- SCRA (#( ( !! $ 7e violates this anon where he lends money at ons ionable interests and files suit for olle tion at the pla e where he is .udge# to enable him to ta)e advantage of his position. Su h a tion merits severe reprimand. Rule ".D<. Su=Ce!t to t&e provisions o+ t&e pro!eedin- rule a Cud-e ,a: &old and ,ana-e invest,ents =ut s&ould not serve as an o++i!er dire!tor ,ana-er advisor or e,plo:ee o+ an: =usiness e0!ept as dire!tor o+ a +a,il: =usiness o+ t&e Cud-e.

Note: --- that a .udge is allowed to remain a dire tor of the .udge:s family business# but not to serve as offi er# manager# advisor# or employee thereof. 8. 4 posted an advertisement on the RTC bulletin board for waitress and singers to wor) at his restaurant. 7e was later aught when a reporter from D7oy AisingZE taped an interview whi h revealed that he intended to operate a drin)ing pub with s antily lad waitresses. 9e ide. A. $ .udge should avoid impropriety and even the mere appearan e of impropriety. 7e should also refrain from finan ial or business dealings that tend to refle t adversely on the ourt:s impartiality# interfere with the proper performan e of .udi ial a tivities# or in rease involvement

90
with lawyers or litigants. 7e should also manage his finan ial interests so as to minimi"e the number of ases giving grounds for dis/ualifi ation. !inally# the halls of .usti e should not be used for unrelated purposes. (D/on/3/o 83. E3+ano, #;- SCRA ( $ Under RA <D(;.Se+. #. Corr&6t 6ra+t/+e3 of 6&:)/+ off/+er3. 8n addition to a ts or omission of publi offi ers already penali"ed by e-isting law# the following shall onstitute orrupt pra ti es of any publi offi er and are hereby de lared as unlawful: (h$ 9ire tly or indire tly having finan ial or pe uniary interest in any business# ontra t or transa tion in onne tion with whi h he intervenes or ta)es part in his offi ial apa ity or in whi h he is prohibited by any law from having any interest. %R4HI/ITI42 U2DER THE REVISED %E2AL C4DE Art. - '. Proh/:/te0 Tran3a+t/on3. The penalty of prision correccional. 8n its minimum period or a fine ranging from P'>> to P*#>>> or both shall be imposed upon any appointive publi offi er who# during his in umben y# shall dire tly or indire tly be ome interested in any transa tion of e- hange or spe ulation within the territory sub.e t to his .urisdi tion. Art. - ,. Po33e33/on of Proh/:/te0 /ntere3t :4 6&:)/+ off/+er . The penalty of arresto mayor in its medium period to prision correccional in its minimum period# or a fine ranging from P'>> to P*#>>> or both shall be imposed upon a publi offi er who# dire tly or indire tly# shall be ome interested in any ontra t or business whi h it is his offi ial duty to intervene. Rule ".D). A Cud-e or an: i,,ediate ,e,=er o+ t&e +a,il: s&all not a!!ept a -i+t =e5uest +avor or loan +ro, an:one e0!ept as ,a: =e allo*ed =: la*.

8t is a good poli y for any .udge to advise his immediate relatives of this prohibition. 8t is e/ually advisable that a .udge should warn his relatives from being engaged or used from being intermediaries by partyIlitigants who have pending ases in his ourt. $ eptan e of gifts given by reason of the offi e of the .udge is indirect bribery (8rt. <##, "PC) and when he agrees to perform an a t onstituting a rime in onne tion with the performan e of his offi ial duties in onsideration of any offer# promise# gift or present re eived by su h offer# he is guilty of direct bribery (8rt. <#/, "PC). Se+t/on (, R.A. #; ! The .udge is liable riminally or dire tly or indire tly re eiving gifts# present or other pe uniary or material benefit# for himself or for another under onditions provided in Se tion '# 5b6 and 5 6 of the law. E0!eption: 4- epted are unsoli ited gifts or presents of small value offered or given as a mere ordinary to)en of gratitude or friendship a ording to lo al ustom or usage. O*6o+ 83. Torre3, "1 SCRA ' 8t is a serious mis ondu t for a .udge to re eive money from a litigant in the form of loans whi h he never intended to pay ba ). 4ven if the .udge intends to pay# it is an a t of impropriety to ta)e a loan from a partyIlitigant. VOID DONATIONS UNDER THE CIVIL CODE 9onations given to a .udge or to his wife# des endants or as endants by reason of his offi e are void 5$rt. &,%# Civil Code6. Ownership does not pass to the donee. Coney or property donated is re overable by the donor# his heirs or reditors. Rule ".D". 2o in+or,ation a!5uired in a Cudi!ial !apa!it: s&all =e used or dis!losed =: a Cud-e in an: +inan!ial dealin- or +or an: ot&er purpose not related to Cudi!ial a!tivities.

The .udge may be liable for violation of Se tion , 5)6 of R.$. No. ,>*% 5)6 9ivulging valuable information of a onfidential hara ter# a /uired by his offi e or by him on a ount of his personal position to authori"ed persons# or releasing su h information in advan e of its authori"ed release due. @iolation of the Rule may also lead to 3revelation of secrets by an officer7 or to 3revelation of the secrets of a private individual E punishable by $rts. ''% and ',> of the Revised Penal Code respe tively.

91

6IDUCIAR7 ACTIVITIES Rule ".DE. A Cud-e s&ould not serve as t&e e0e!utor ad,inistrator trustee -uardian or an: ot&er +idu!iar: eE+e6t +or t&e estate trust or person o+ a ,e,=er o+ t&e i,,ediate +a,il: and t&en onl: i+ su!& servi!e *ill not inter+ere *it& t&e proper per+or,an!e o+ Cudi!ial duties. O1e,=er o+ i,,ediate +a,il:P s&all =e li,ited to t&e spouse and relatives *it&in t&e se!ond de-ree o+ !onsan-uinit:. As a +a,il: +idu!iar: a Cud-e s&all not. (. serve in pro!eedin- t&at ,i-&t !o,e =e+ore t&e !ourt o+ said Cud-eL or ?. a!t as su!& as !ontrar: to Rule ".D? to ".D".

Note: The relationship mentioned is by onsanguinity and not by affinity. %RACTICE 46 LAW A2D 4THER %R46ESSI42 Rule ".D>. A Cud-e s&all not en-a-e in t&e private pra!ti!e o+ la*. Unless pro&i=ited =: t&e Constitution or la* a Cud-e ,a: en-a-e in t&e pra!ti!e o+ an: ot&er pro+ession provided t&at su!& pra!ti!e *ill not !on+li!t or tend to !on+li!t *it& Cudi!ial +un!tions.

=hat is basi ally prohibited as .udges is to pra ti e law. Fudges however# may engage in other lawful professions 5other than the pra ti e of law6 as long as they are not prohibited by the Constitution or by law. 4ven then# .udges must still refrain from engaging in su h other professions if su h engagement will onfli t with their .udi ial fun tions. D/a>Anon&e8o 83. Ber+a+/o, ,1 SCRA 1 DThe rule dis/ualifying a muni ipal .udge from engaging in the pra ti e of law see)s to avoid the evil possible use of the power and influen e of his offi e to affe t the out ome of a litigation where he is retained as ounsel. Compelling reasons of publi poli y lie behind this prohibition# and .udges are e-pe ted to ondu t themselves in su h a manner as to pre lude suspi ion that they are representing the interests of partyIlitigant. The pra ti e of law is not limited to the ondu t of ases in ourt or parti ipation in ourt pro eedings but also in ludes preparation of pleadings or papers in anti ipation of a litigation# and giving of legal advi e to lients or persons needing the same.E A. B. A. O6. (# (Ma4 !, !#'$ $ .udge should not engage in the pra ti e of private law# nor permit a law firm# of whi h he was formerly an a tive member# to ontinue to arry his name in the firm name be ause that might reate the impression that the firm possesses an improper influen e with the .udge and in onse/uen e# tend to impel those in need of legal servi es in onne tion with matters before the .udge employ them. Ba)a4on 9r. 83. 9&05e O+a*6o, A.M. No. MT9>! >, ! (9an&ar4 -!, !!#$ 8t is well settled that muni ipal .udges may not engage in notarial wor) e- ept as notaries as publi e-Ioffi io. $s notaries publi Ioffi io# they may engage only in the notari"ation of do uments onne ted with the e-er ise of their offi ial fun tions. They may not# as su h notaries publi offi io# underta)e the preparation and a )nowledgment of private do uments# ontra ts and other a ts of onveyan e# whi h bear no relation to the performan e of their fun tions as .udges. 7owever# ta)ing .udi ial noti e of the fa t that there are still muni ipalities whi h have neither lawyers nor notaries publi # the Supreme Court ruled that CTC and CCTC .udges assigned to muni ipalities or ir uits with lawyers or notaries publi may# in their apa ity as notaries publi e-Ioffi io# perform any a t within the ompeten y of a regular notary publi # provided t&at: *. all notarial fees harged be for the a ount of the Aovernment and turnedIover to the muni ipal treasurer and '. ertifi ation be made in the notari"ed do uments attesting to the la ) of any lawyer or notary publi in su h muni ipality or ir uit. 6I2A2CIAL DISCL4SURE Rule ".DG A Cud-e s&all ,aBe +ull +inan!ial dis!losure as re5uired =: la*.

92
4very publi offi er# in luding .udges are re/uired to file a true# detailed and sworn statement of assets and liabilities in luding statement of the amounts and servi es of in ome# the amounts of their personal and family e-penses and the amount of in ome ta-es paid for the ne-t pre eding alendar year. E'TRAFJUDICIAL A%%4I2T1E2TS Rule ".D; A Cud-e s&all not a!!ept appoint,ent or desi-nation to an: a-en!: per+or,in- 5uasiFCudi!ial or ad,inistrative +un!tions.

Se+t/on -, Art. VIII, !1" Con3t/t&t/on The members of the Supreme Court and of other ourts established by law shall not be designated to any agen y performing Cuasi$Budicial or administrative fun tions. %4LITICAL ACTIVITIES Rule ".(D A Cud-e is entitled to entertain personal vie*s on politi!al 5uestions. /ut to avoid suspi!ion o+ politi!al partisans&ip a Cud-e s&all not ,aBe politi!al spee!&es !ontri=ute to part: +unds pu=li!l: endorse !andidates +or politi!al o++i!e or parti!ipate in ot&er partisan politi!al a!tivities.

Canon -", C9E $ .udge# as a iti"en is entitled to entertain politi al views on politi al issues. 7owever# to avoid suspi ion of politi al partisanship# he should not ma)e politi al spee hes# ontribute funds# publi ly endorse andidates for politi al offi e or parti ipate in politi al partisan a tivities. V/3tan 83. N/+o)a3, -; SCRA '-( !or having held himself out as a ongressional andidate while still a member of the (en h# Respondent too) advantage of his position to boost his andida y# demeaned the stature of his offi e# and must be pronoun ed guilty of gross mis ondu t. C41%LIA2CE WITH THE C4DE 46 JUDICIAL C42DUCT A)) H&05e3 3ha)) +o*6)4 3tr/+t)4 =/th th/3 Co0e. LIA/ILITIES 46 JUDGES Se+t/on II, Art. VIII, !1" Con3t/t&t/on The members of the Supreme Court and .udges of lower ourts shall hold offi e during a good behavior until they rea h the age of seventy years or be ome in apa itated to dis harge the duties of their offi e. The Supreme Court en banc shall have the power to dis ipline .udges of lower ourts# or order their dismissal by a vote of ma.ority of the Cembers who a tually too) part in the deliberations on the issues in the ase and voted therein. AD1I2ISTRATIVE LIA/ILITIES Grounds +or ad,inistrative !ases a-ainst Jud-es. *. serious mis ondu t '. ineffi ien y In re% I*6ea+h*ent of Hor/))eno, (# Ph/). - 1is!ondu!t implies mali e or a wrongful intent# not a mere error of .udgment. D *or serious misconduct to e+ist# there must be a reliable eviden e showing that the .udi ial a ts omplained of were orrupt or were inspired by an intention to violate the law# or were in persistent disregard of wellI)nown legal rules.E In re% C)/*a+o, A0*. Ca3e no. #(>9 (9an. - , !"($ '' SCRA ;" Ine++i!ien!: implies negligen e# ignoran e and arelessness. $ .udge would be ine- usably negligent if he failed to observe in the performan e of his duties that diligen e# pruden e and ir umspe tion whi h the law re/uires in the rendition of any publi servi e. a. Serious ,is!ondu!t or ine++i!ien!:. 1is!ondu!t 3 wrongful intention and not mere error in .udgment (Ra@&/7a 83. Ca3tane0a, 1- SCRA -#'$

93
Serious 1is!ondu!t 3 e-ists when the .udi ial a t omplained of is orrupt or inspired by an intention to violate the law or a persistent disregard of wellI)nown legal rules . (Ga)an5/ 83. Ma+)/>/n5, A0*. Matter No. "'>D9, 9an. ", !"1$ Serious Ine++i!ien!: 3 an e-ample is negligen e in the performan e of duty# if re )less in hara ter (La6ena 83. Co))a0o, ", SCRA 1-$. 8. <pon retirement# ( left & riminal ases and , ivil ases unde ided within the %>Iday period re/uired by Se tion *+# $rti le @88 of the Constitution. 7e says it was due to serious illness. Cay he be dis iplinedM A. Cembers of the ben h have a duty to administer .usti e without undue delay. !ailure to do so within the reglamentary period onstitutes a negle t of duty warranting administrative penalties. 8f hindered by illness# a .udge should inform the Offi e of the Court $dministrator and as) for additional time in order to avoid the san tions. 7owever# if there is no mali e or bad faith# and the .udge is prevented by fa tors beyond his ontrol# the penalty will be mitigated. (Re% Ca3e3 Left Un0e+/0e0 :4 9&05e Nar+/3o M. B&*an5)a5 9r., #;, SCRA ';$. b. Error or I-noran!e o+ La*: 4rror or mista)e must be gross or patent# mali ious# deliberate or in bad faith. Cust a t fraudulently# orruptly or with gross ignoran e.

Caveat: not every error or mista)e of a .udge in the performan e of his duties ma)e him liable therefore. To hold the .udge administratively a ountable for every erroneous ruling or de ision he renders# assuming he has erred# would be nothing short of harassment and would ma)e his position unbearable. (Se+retar4 of 9&3t/+e 83. Mar+o3, ", SCRA #; $. A&r/))o 83. Fran+/3+o, -#' SCRA -#1 ( !!($ 8f the law is so elementary# not to )now it or to a t as if one does not )now it# onstitutes ignoran e of the law. $ .udge who disregards basi rules and settled .urispruden e shows gross ignoran e of law. 8gnoran e of the law# whi h everyone is bound to )now# e- uses no one Q not even .udges. gnorantia Buris Cuod CuisCue scire tenetur non e+cusat. Ben57on 83. A0aoa5, -'; SCRA #(( ( !!'$ To warrant a finding of ignoran e of the law and abuse of authority# the error must be so gross and patent as to produ e an inferen e of ignoran e or bad faith or that the .udge )nowingly rendered an un.ust de ision. The error must be grave and on so fundamental a point as to warrant ondemnation of the .udge as patently ignorant or negligent. B&ena8ent&ra 83. Gar+/a, 1" SCRA '!1 ( !!;$ $ .udge who dismissed a rape ase upon desistan e of the **IyearIold rape vi tim and who allowed ompromise of said ase with his intervention by the a used paying the vi tim is guilty of gross ignoran e of the law and )nowingly rendering an un.ust .udgment# liable for dismissal from the servi e# for as .udge he should have )nown that the vi tim:s onsent in a statutory rape is invalid and the ompromise is an admission of guilt and his parti ipation therein is unbe oming of a .udge. State Pro3e+&tor3 83. M&ro, -' SCRA ( !!'$ 4gregious legal error# legal error motivated by bad faith# or a ontinuing pattern of legal error# on the part of a .udge does amount to mis ondu t whi h may be sub.e t to dis ipline. $ legal error is egregious and serious enough to amount to mis ondu t when .udges deny individuals their basi or fundamental rights# su h as when defendants were not advised of their onstitutional rights to ounsel# oer ed to plead guilty# senten ed to .ail when only a fine is provided by law# senten ed to .ail for a period longer than the ma-imum senten e allowed by law# or when defendant or the prose ution was denied a full and fair hearing. $ .udge:s a t of motu proprio dismissing a riminal ase for violation of foreign e- hange restri tions# without waiting for the defense to file a motion to /uash or without affording the prose ution the opportunity to be heard on the matter# onstitutes gross ignoran e of law alling for his dismissal. Re8/ta 83. R/*an0o, !1 SCRA , ! ( !1;$ $ .udge may not be dis iplined for error of .udgment# unless there is proof that the error was attributable to a ons ious and deliberate intent to perpetrate an in.usti e. !or as a matter of publi poli y# in the absen e of fraud# dishonesty or orruption# the a ts of a .udge in his offi ial apa ity are not sub.e t to dis iplinary a tion# even though su h a ts are erroneous. This does not mean# however# that he should not evin e due are in performing his ad.udi atory prerogatives.

94

F/)/6/na3 BanB 83. T/rona>L/=a5, !; SCRA 1#( ( !!;$ Aood faith and absen e of mali e# orrupt motives or improper onsideration are suffi ient defenses prote ting a .udi ial offi er harged with ignoran e of the law and promulgation of an un.ust de ision from being held a ountable for errors of .udgment on the premise that no one alled upon to try the fa ts or interpret the law in the administration of .usti e an be infallible. V/3tan 8. N/+o)a3, A0*. Matter No. MT9>1">"!, Se6te*:er #, !! Fudges may be dis iplined only by the Supreme Court. The appli able pro edural rule is Rule *0># Rules of Court. Pro+e0&re (R&)e (;$ 1. Complaint# in writing and duly sworn to# is filed with the Supreme Court (sec.#) &. 8f found meritorious# a opy thereof shall be served on the respondent and he shall be re/uired to omment within *> days of servi e (sec. %) 2. <pon filing of respondent:s omments or e-piration of the period for filing omment# the Supreme Court either refers to matter to the Offi e of the Court $dministrator 5OC$6 for evaluation# report# and re ommendation# or assigns a Fusti e of the Court of $ppeals 5if respondent is an RTC .udge6 or a .udge of the RTC 5if respondent is a .udge of an inferior ourt6 to investigate and hear the harges (sec.2) %. $fter hearings# the investigating .usti e or .udge submits a report of findings of fa t# on lusions of law and re ommendations to the Supreme Court (sec.') *>. The Supreme Court ta)es a tion as the fa ts and the law may warrant (sec. () Pro eedings shall be private and onfidential but a opy of the de ision or resolution of the Court shall be atta hed to the re ord of the .udge in the Offi e of the Court $dministrator. (sec. ##) .S&erte 83. U5:/nar, "' SCRA ,! ( !""$ 8mpea hment pro eedings against .udges are penal in nature and are governed by the rules appli able to riminal ases. The harges must# therefore# be proved beyond reasonable doubt. %rin!iple o+ Res Ipsa Lo5uitor 5the things spea) for itself6 $ .udge may be dismissed even without formal investigation# if based on the re ords# his liability is lear and un/uestionable. Note: The do trine of res ipsa loCuitor does not and annot dispense with the twin re/uirement of due pro ess# i.e. noti e and the opportunity to be heard. 8t merely dispenses with the pro edure laid down 8n Rule *0> of the Rules of Court. 8. Cay Fudge (autista be dis iplined by the Supreme Court based solely on a omplaint filed by the omplainant and the answer of respondent FudgeM 8f so# under what ir umstan esM =hat is the rationale behind this power of the Supreme CourtM Pes# where the fa ts of re ord suffi ien y provide the basis for the determination of the lawyer:s administrative liability he may be dis iplined or disbarred by the SC without further in/uiry or investigation. $ preItrial hearing is not ne essary the respondent having been fully heard in his pleading. The prin iple or do trine applies to both .udges or lawyers. Fudges had been dismissed from the servi e without need for a formal investigation be ause base on the re ords# the gross mis ondu t of ineffi ien y of the .udges learly appears. (U4 83. Mer+a0o, '( SCRA, ',"$

A.

<ITHDRA<AL, DESISTANCE, RETIREMENT or PARDON An5&)&an 83. Ta5&:a, !# SCRA "! The withdrawal of the ase by the omplainant# or the filing of an affidavit of desistan e or the omplainant:s loss of interest does not ne essarily ause the dismissal thereof. "eason: To ondition administrative a tions upon the will of every omplainant who for one reason or another# ondones a detestable a t is to strip the Supreme Court of its supervisory power to dis ipline erring members of the .udi iary.

95

E36a4o3 83. Lee, 1! SCRA ("1 9esisten e will not .ustify the dismissal of an administrative ase if the re ords will reveal that the .udge had not performed his duties. Pe3o)e 83. Ro0r/5&e7, 1 SCRA -;1 8n ertain ases# the a eptan e by the President of respondent:s ourtesy resignation does not ne essarily render the ase moot or deprive <s of the authority to investigate the harges. --- 4a h ase is to be resolved and in the onte-t of the ir umstan es present thereat. Thus# we e-plained: DThe ourt retains its .urisdi tion either to pronoun e the respondent offi ial inno ent of the harges or de lare him guilty thereof. $ ontrary rule would be fraught with in.usti es and pregnant with dreadful and dangerous impli ations. --- 8f inno ent# respondent offi ial merits vindi ation of his name and integrity as he leaves the government whi h he has served well and faithfully: if guilty# he deserves to re eive orresponding ensure and a penalty proper and imposable under the situation.E Off/+e of the Co&rt A0*/n/3trator 8. S&*/)an5, et a)., A.M. No. MT9>!(>!1!, A6r/) 1, !!" =here a .udge who has been found guilty of gross mis ondu t and ondu t unbe oming a .udge retires during the penden y of the a tion the proper penalty must be imposed# in lieu of removal from offi e# is forfeiture of all retirement benefits. Mon3anto 83. Pa)an+a, -, SCRA (' ( !1-$ $bolition of a respondent .udge:s .udi ial position does not ne essarily render the administrative ase for a ts ommitted during his in umben y moot and a ademi # nor pre lude his being heldIliable in his present .udi ial position# where the harges are so serious that they affe t his ompeten y and integrity of a .udge. I+a3/ano 8. San0/5an:a4an, G. R. No. !',(-A Ma4 -1, !!$dministrative pro eedings against .udges are distin t from riminal pro eedings. 7en e# prose ution in one is not a bar to the other. ?-- --- =hen the Supreme Court a ts on omplaints against .udges# it a ts as personnel administrator# imposing dis ipline and not as a ourt .udging .usti iable ontroversies. Note# therefore# that the administrative pro eedings for the removal of the erring .udge and riminal pro eedings against him for the same offense an pro eed independently of ea h other. Ma+e0a 8. Va3@&e7, G.R. No. ;-"1 , A6r/) --, !!# =here a riminal omplaint against a .udge or other ourt employee arises from their administrative duties as .udge or as a ourt employee# the Ombudsman before whom a omplaint is filed# must defer a tion on su h omplaint and refer this to the Supreme Court for determination whether said .udge or ourt employee had a ted within the s ope of his administrative duties. Barto)o*e 8. 0e BorHa, " SCRA '# =hile dismissal of riminal ase does not absolve respondent .udge from a harge that he a ted irregularly in the performan e of his offi ial duties# administrative pro eedings are Din the nature highly penal in hara ter and are to be governed by the rules of law appli able to riminal ases. The harges must# therefore# be proved beyond a reasonable doubt.E Ba)a4on 83. O+a*6o, - 1 SCRA # ( !!#$ There must be reliable eviden e showing that the .udi ial a ts omplained of were orrupt or inspired by an intention to violate the law# or were in persistent disregard of wellI)nown legal rules. De) Ca))ar 8. Sa)8a0or, A.M. No. RT9>!"> #,!, Fe:r&ar4 ". !!" Fudges may not be held administratively liable for every error or mista)e in the performan e of their duties. To merit dis iplinary a tion# the error or mista)e must be gross or patent# mali ious# deliberate# or in bad faith. 8n the absen e of proof of the ontrary# erroneous de isions or orders are presumed to have been issued in good faith. Se+retar4 of 9&3t/+e 83. B&))e+er, 3&6ra. , SCRA # ( !"($ 3i)e mis ondu t# ineffi ien y as a ground for dis iplinary a tion must be serious or one whi h is weighty or momentous and not trifling. Negligen e in the performan e of duty# if re )less in hara ter# ould amount to serious or ine- usable ineffi ien y. Sa)+e0o 83. Int/n5, ! SCRA !

96
To warrant dis iplinary a tion# the a t of the .udge must have a dire t relation to the performan e of his offi ial duties. 8t is ne essary to separate the hara ter of the man from the hara ter of the offi er. Ca:/))o 83. Ce)/3, 1# SCRA ,-; The harge against him must be established by onvin ing proof. The re ords must show as free from any doubt a ase whi h ompels the imposition of dis iplinary a tion. ?-- --- for a .udge to be rendered apable in any administrative pro eeding# there should be a lear and suffi ient eviden e of his mis ondu t. Ra@&/7a 83. Ca3tane0a, 9r., 1 SCRA -#, The rules even in an administrative ase demands that even if respondent .udge should be dis iplined for grave mis ondu t or any grave offense# the eviden e presented against him should be ompetent and derived from dire t )nowledge# and that before a .udge ould be faulted# it should be only after due investigation and based on ompetent proofs# no less. This is all the more so when as in this ase the harges are penal in nature. I+a3/ano 8. San0/5an:a4an, 3&6ra Note: This pronoun ement must be ta)en with aution in the light of other Court pronoun ements on the nature of administrative pro eedings in relation to riminal pro eedings# i.e.# that while the latter re/uires proof beyond reasonable doubt# the former re/uires only substantial eviden e. Instan!es o+ Serious 1is!ondu!t W&i!& 1erited Dis!ipline =: t&e Supre,e Court. *. !ailure to deposit funds with the muni ipal treasurer or produ e them despite his promise to do so (Aontemayor vs. Collado, #/2 SC"8 <5'). '. Cisappropriation of fidu iary funds 5pro eeds of ash bail bond6 by depositing the he ) in his personal a ount# thus onverting the trust fund into his own use (!arBa vs. !eracio, 20 SC"8 &55). ,. 4-torting money from a partyIlitigant who has a ase before his ourt (Gaw Tay vs. Singayao, #50 SC"8 #/2). 0. Soli itation of donation for offi e e/uipment (.ecaroI vs. 6arcia). +. !re/uent unauthori"ed absen es in offi e (Aunicipal Council of Casiguruhan, JueIon vs. Aorales, %# SC"8 #&). 1. !alsifi ation of Certifi ate of Servi e to olle t salary (Secretary of )ustice vs. .egaspi, #/2 SC"8 <&&). &. 9e laring =ednesdays as nonIsession days whi h the .udge de lared as his DmidIwee) pauseE ( n re- Fchiverri, %2 SC"8 0%2). 2. 8ndefinite postponement for several years of a riminal ase pending in his sala (!ulan vs. Cardenas, #/# SC"8 2''). %. Fudge po)ing his gun to another in a restaurant while in a state of into-i ation (De la paI vs. nutan, %0 SC"8 50/). *>. PistolIwhipping the omplainant on the latter:s left fa e without any .ustifi ation (8rban vs. !orBa, #0& SC"8 %&0). **. $ ting as ounsel andKor attorneyQinIfa t for all the parties with opposing interests on a par el of land in pursuan e of his personal selfIinterest (Candia vs. Tagabucba, 2( SC"8 5#). *'. <sing intemperate language unbe oming of a .udge (Santos vs. CruI, #// SC"8 5&'). *,. !ailure to reply to a show ause resolution of the Supreme Court (.ongboan vs. Polig, #'% SC"8 552). *0. 8na tion by .udge whi h is tantamount to partiality in favor of one party (Lbarra vs. Tecson, #&0 SC"8 0). *+. Serious a t of dishonesty in appropriating the money of omplainants for his personal use (Sarmiento vs. CruI, %5 SC"8 <'().

97
*1. Preparation and notari"ation of an immoral and illegal agreement providing for the personal separation of husband and wife (Selanova vs. AendoIa, %0 SC"8 %(). *&. 9e ision not prepared personally by the .udge (.im vs. ?acante, %( SC"8 &2%). *2. Sitting in a ase where he is legally dis/ualified by reason of the appearan e of his nephewIinIlaw as ounsel for the defendant (Fvangelista vs. !aes, %# SC"8 025). *%. !ailure to inform the Supreme Court that he had two serious riminal ases when he a epted his appointment as RTC Fudge (=ffice of the Court 8dministrator vs. Fstacion, )r., #'# SC"8 &&). '>. Notari"ing a spe ial power of attorney in the absen e of the prin ipal (Fvalla vs. Aago, 2% SC"8 #<<). '*. $llowing a ler)Imessenger to promulgate de isions of a /uittal in (!uenaventura vs. !enedicto, &' SC"8 2#). riminal ases

''. (orrowing money from a litigant whi h the .udge never intended to pay ba ) (=mpoc vs. Torres, #2' SC"8 #0). ',. Signing of two irre on iliable de isions on the same day (People vs. Flpedis, ##< SC"8 #). '0. 9elay in transmitting the re ords to the C!8 5RTC6 upon on lusion of the preliminary investigation (Cusit vs. )urado, #/< SC"8 %&&). '+. $llowing withdrawal of ash bail bond without allowing its substitution with proper bond (Cabangon vs. ?alena, #/2 SC"8 <#). '1. 8mposing e- essive bail (Sunga vs. Salud, #/( SC"8 <5&). '&. <sing prisoners for personal purposes (Gadap vs. .ee, ##0 SC"8 55(). '2. $ ting on appli ation for bail during the .udge:s period of suspension ("eyes vs. *aderan, #'% SC"8 502). '%. Commission of grave abuse of dis retion Q whi h means su h apri ious and whimsi al e-er ise of .udgment as is e/uivalent to la ) of .urisdi tion ( mutan vs. C8, #/< SC"8 <'%). ,>. $ssignig ases without the benefit of raffle in violation of Cir ular No. & 5as amended6 of the Supreme Court ( nciong vs. De 6uia, #50 SC"8 (&). ,*. Refusal of a .udge to furnish ounsel with a opy of the trans ript and order di tated in open ourt (Tamo vs. 6ironella, 2& SC"8 %#&). ,'. 4n ashing government SC"8 &&&). he )s (=ffice of the Court 8dministrator vs. !artolome, </&

Instan!es o+ Gross Ine++i!ien!: W&i!& 1erited Dis!ipline =: t&e Supre,e Court *. 9elay in the disposition of ases in violation of the Canon that a .udge must promptly dispose of all matters submitted to him. =ith or without the trans ripts of stenographi notes# the %>Iday period for de iding ases or resolving motions must be adhered to (!alagot vs. =pinion, #(5 SC"8 0<(). '. <nduly granting repeated motions for postponement of a ase (8raIa vs. "eyes, %0 SC"8 &02). ,. <nawareness of or unfamiliarity with the appli ation of the 8ndeterminate Senten e 3aw and the duration and graduation of penalties ( n re- Paulin, #/# SC"8 %/5). 0. Redu ing to a ridi ulous amount 5Php1#>>>.>>6 the bail bond of the a used in a murder ase thus enabling him to es ape the toils of the law (Soriano vs. Aabbayad, %2 SC"8 &'5). +. 8mposing the penalty of subsidiary imprisonment on a party for failure to pay imdemnity in violation of R.$. +01+ (Aonsanto vs. Palarca, #<% SC"8 05). ivil

98

1. 8ssuing a warrant of arrest in a ase whi h is learly ivil in nature (Serafin vs. .indayag, %2 SC"8 #%%). &. !ailure to dismiss a omplaint whi h has pres ribed (8nguluan vs. Taguba, (& SC"8 #2(). 2. 8mposing the wrong penalty to the rime harged and proven (San .uis vs. AonteBo, 0 SC"8 %05). %. !ailure to omply with the basi prere/uisites for issuan e of sear h warrant (Secretary of )ustice vs. Aarcos, 2% SC"8 &/#). *>. 9ismissing a riminal ase on the prin iple of in pari delicto Q a ivil law prin iple (Lbarra vs. Aapalad, 8.A.>o. AT)$(#$%<<, Aarch <<, #((&). A@&/no 83. L&ntoB, 1( SCRA "" ( !!;$ =here a .udge has issued a temporary restraining order# he should promptly a t on the appli ation for issuan e of preliminary in.un tion within the '>Iday life of temporary restraining order# and while a writ of preliminary in.un tion issued after the '>Iday period is valid# the failure of the .udge to resolve the appli ation for in.un tion within said period may sub.e t him to dis iplinary a tion. Ca3tano 83. E3+ano, -' SCRA "( ( !!'$ Fudges should not be dis iplined for ineffi ien y on a ount merely o asional mista)es or errors of .udgment. 7owever# when the ineffi ien y springs from a failure to onsider the basi and elementary a rule# a law or prin iple# the .udge is either too in ompetent and undeserving of the position and title he holds or he is too vi ious that his oversight or omission was deliberately done in bad faith and in grave abuse of .uridi al authority. 8n both instan es# the .udge:s dismissal from the servi e is in order. In re% Pet/t/on for D/3*/33a) of 9&05e D/7on, 3&6ra. $ .udge who has been previously dismissed from the servi e for manifestly erroneous de ision in a riminal ase through gross in ompeten e and gross ignoran e of the law may be reinstated where there is no lear indi ation that he was inspired by orrupt motives or reprehensible purpose to set the guilty free. CIVIL LIA/ILITIES 46 JUDGES I2 RELATI42 T4 THEIR 466ICIAL 6U2CTI42S For:e3 83. Ch&o+o T/a+o an0 Cro33f/e)0, , Ph/). '#( =henever and wherever a .udge of a ourt of superior .urisdi tions e-er ises .udi ial fun tions# he will not be personally liable in ivil damages for the result of his a tion# utterly regardless of whether he ever had .urisdi tion of the sub.e t matter of the a tion or not. Br/0)e4 83. F/3her, 1; U.S. ##' Fudges of ourts of superior or general .urisdi tion are not liable in ivil a tions for their .udi ial a ts# even when su h a ts are in e- ess of their .urisdi tion and are alleged to have been done mali iously or orruptly. Art. #-, )a3t 6ar., Ne= C/8/) Co0e The responsibility for damages is not however demandable of .udges e- ept when the a t or omission of the .udge onstitutes a violation of the Penal Code or penal statute. Art. -;, C/8/) Co0e $ .udge who willfully or negligently renders a de ision ausing damages to another# shall indemnify the latter for the same. Art. -" C/8/) Co0e $ .udge is also ivilly liable for damages# if in refusing or negle ting to de ide a ase without a .ust ause# a person suffered material or moral loss without pre.udi e to any administrative a tion that may be ta)en against him. CRI1I2AL LIA/ILITIES 46 JUDGES Ma+e0a 83. Hon. O*:&03*an Conra0o Va3@&e7 ,G.R. No. ;-"1 , A6r/) --, !!#

99
Criminal omplaints against .udges su h as for violations of the $ntiIAraft and Corrupt Pra ti es $ t and the Revised Penal Code should be filed with the Offi e of the Ombudsman and not with the Supreme Court. Fudges being publi offi ers are sub.e t to the .urisdi tion of the Ombudsman who an investigate and prose ute them for violations of the riminal laws# onformably with the provisions of the Constitution. 7owever# if there are administrative /uestions relevant to the investigation of the riminal responsibility of .udges and ourt personnel# the same should first be referred to the Supreme Court. The Supreme Court must determine first whether or not a .udge or a ourt employee a ted within the s ope of his administrative duties. a$ @no*in-l: Renderin- UnCust Jud-,ent #ART.?D) R%C$ E)e*ent3: *. That the offender is a .udge. '. That he renders a .udgment in a ase submitted to him for de ision. ,. That the .udgment is un.ust. 0. That the .udge )nows that his .udgment is un.ust.

RR 8t must be shown beyond avil that the .udgment or order is un.ust as being ontrary to law so as not supported by the eviden e# and that the .udge rendered it with ons ious and deliberate intent to do an in.usti e. (Ro0r/5o 83. O&/Hano, "! SCRA ;$ De )a Cr&7 8. Con+e6+/on The gist of the offense therefore is an un.ust .udgment be rendered mali iously or in bad faith# that is# )nowing it to be un.ust. ?-- --- Cere error therefore in the interpretation or appli ation of the law does not onstitute the rime. The nature of the administrative harge of )nowingly rendering an un.ust .udgment is the same as the riminal harge. Thus --- --- it must be established that respondent .udge rendered a .udgment or de ision not supported by law andKor eviden e and that he must be a tuated be hatred# envy# revenge# or greed or some other similar motive. In re% C)/*a+o, '' SCRA ;" 8n order that a .udge may be liable for )nowingly rendering an un.ust .udgment# it must be shown beyond reasonable doubt that the .udgment is un.ust as it is ontrary to law or is not supported by eviden e# and the same was made with ons ious and deliberate intent to do an in.usti e. B&ena8/3ta 83. Gar+/a, 1" SCRA '!1 To be guilty of )nowingly rendering un.ust .udgment# it is ne essary that the .udgment or order was rendered with ons ious and deliberate intent to perpetrate an in.usti e. $nd the test to determine whether the Budgment or order is unBust # may be inferred from the ir umstan e that it is ontrary to law or is not supported by eviden e. $ .udgment may be said un.ust when it is manifestly against the law and ontrary to the weight of eviden e. $n un.ust .udgment is one ontrary to the standards of rights and .usti e or standards of ondu t pres ribed by the law. Gaho) 83. R/o0/5&e, ,( SCRA (!( 8f the de ision rendered by the .udge is still on appeal# the .udge annot be dis/ualified on the ground of DXnowingly Rendering $n <n.ust FudgmentE. =$ Jud-,ent Rendered T&rou-& 2e-li-en!e #Art. ?D" R%C$ E)e*ent3% *. That the offender is a .udge. '. That he renders a .udgment in a ase submitted to him for de ision. ,. That the .udgment is manifestly un.ust. 0. That it is due to his ine- usable negligen e or ignoran e.

1ani+estl: UnCust Jud-,ent 8t is one whi h is so patently against the law# publi order# publi poli y# and good morals that a person of ordinary dis ernment an easily sense its invalidity and in.usti e. In re% C)/*a+o, '' SCRA ;" To hold a .udge liable for the rendition of a manifestly un.ust .udgment by reason of ine- usable negligen e or ignoran e# it must be shown# a ording to Aroi"ard# that although he has a ted without mali e# he failed to observe in the performan e of his duty# that diligen e# pruden e and are whi h the law is entitled to e-a t in the rendering of any publi servi e. >egligence and ignorance are ine+cusable if they manifest inBustice in which cannot be e+plained by a reasonable interpretation. 8ne- usable mista)e only e-ists in the legal on ept when it implies a manifest in.usti e# that is to say# su h in.usti e whi h annot be e-plained by a

100
reasonable interpretation# even though there is a misunderstanding or error of the law applied# yet in the ontrary it results# logi ally and reasonably# in a very lear and undisputable manner# in notorious violation of the legal pre ept. RR 8t must be learly shown that although he has a ted without mali e# he failed to observe in the performan e of his duty the diligen e# pruden e and are whi h the law re/uires from a publi offi ial. Negligen e and ignoran e are ine- usable if they imply a manifest in.usti e whi h annot be e-plained by a reasonable interpretation, (In re C)/*a+o, '' SCRA ;"$. !$ @no*in-l: Renderin- An unCust Interlo!utor: 4rder #Art. ?DE R%C$ E)e*ent3% *. That the offender is a .udge; '. That he performs any of the following a ts: a. )nowingly renders un.ust interlo utory order or de ree; or b. 7e renders manifestly un.ust interlo utory order or de ree through ine- usable negligen e or ignoran e

R $n Interlo!utor: 4rder is an order whi h is issued by the ourt between the ommen ement and the end of a suit or a tion and whi h de ides some point or matter# but whi h# however# is not a final de ision of the matter in issue. d$ 1ali!iousl: Dela:in- t&e Ad,inistration o+ Justi!e #Art. ?D> R%C$ E)e*ent3% *. That the offender is a .udge; '. That there is a pro eeding in his ourt; ,. That he delays the administration of .usti e; 0. That the delay is mali ious# that is# the delay is aused by the .udge with the deliberate intent to infli t damage on either party in the ase

Re8/3e0 Pena) Co0e, Re4e3, 6. -;1 !1 E0. To ma)e the .udge liable# the a t must be ommitted mali iously with deliberate intent to pre.udi e a party in the ase. Cere delay without noti e in holding trials or rendering .udgments does not ne essarily bring the .udge within the operation of this law. e$ 1al+easan!e Under AntiFGra+t and Corrupt %ra!ti!es A!t Se+t/on #, (e$ RA No. #; ! $ .udge is riminally liable for ausing an undue in.ury to a person or giving any private party an unwarranted benefit# advantage or preferen e in the dis harge of his offi ial fun tion through manifest partially# evident bad faith and gross ine- usable negligen e.

Sa:/t3ana, 9r. 83. V/))a*or, -;- SCRA (#' 8n administrative pro eedings whi h are not based on violation of riminal or penal statutes# mere preponderan e of eviden e suffi es to hold the .udge administratively liable. $n instan e of this is a .udge:s interferen e in a suit pending in another ourt. /RI/ER7 DIRECT 4R I2DIRECT $ eptan e of gifts given by reason of the offi e of the .udge is indire t bribery 5$rt. '**# RPC6 and when he agrees to perform an a t onstituting a rime in onne tion with the performan e of his offi ial duties in onsideration of any offer# promise# gift or present re eive by su h offi er# he is guilty of dire t bribery 5$rt. '*># RPC6. A2TIFGRA6T A2D C4RRU%T %RACTICES ACT <nder R$ ,>*%# the .udge is liable riminally for dire tly or indire tly re eiving gifts# present or other pe uniary or material benefit for himself or for another under onditions provided in Se tion '# b and of the law. 4?C4PT8ON: 4- epted are unsoli ited gifts or presents of small value offered or given as a mere ordinary to)en of gratitude or friendship a ording to lo al ustom or usage 5Se tion *0 R$ ,>*%6. JUDICIAL I11U2IT7 Re8/ta 83. R/*an0o, !1 SCRA , ! D$s a matter of publi poli y# in the absen e of fraud# dishonesty and orruption# the a ts of a .udge in his .udi ial apa ity are not sub.e t to dis iplinary a tion# even though su h a ts are erroneous.E Ca3tano3 83. E3+ano, -' SCRA "( ( !!'$

101
$s a matter of poli y# in the absen e of fraud# dishonesty or orruption# the a ts of a .udge in his .udi ial apa ity are not sub.e t to dis iplinary a tion even though su h a ts are erroneous. 7e annot be sub.e ted to liability Q ivil# riminal# administrative Q for any of his offi ial a ts# no matter how erroneous# so long as he a ts in good faith. 8n su h a ase# the remedy of the aggrieved party is not to file an administrative omplaint against the .udge but to elevate the error to the higher ourt for review and orre tion. %4WER A2D LIA/ILITIES 46 1E1/ERS 46 THE SU%RE1E C4URT %o*er o+ t&e Supre,e Court 4ver Jud-es o+ t&e Lo*er Courts The Supreme Court has administrative supervision over all ourts and the personnel thereof 5Section %, 8rt. ? , #('2 Constitution6. The Court en banc has the power to dis ipline all .udges of lower ourts in luding Fusti es of the Court of $ppeals. 8t may even dismiss them by a ma.ority vote of the members who a tually too) part in the deliberations of the issues in the ase and voted thereon (Section ##, 8rt. ? , #('2 Constitution6. Justi!es o+ t&e Supre,e Court !an onl: =e Re,oved =: I,pea!&,ent There is no spe ifi law or rule whi h provides for a system of dis iplining an erring Cember of the Supreme Court by the Court itself a ting en banc. The Fusti es of the Supreme Court are among the de lared impea hable offi ers under the Constitution. Thus# they an only be removed by impea hment unli)e .udges of the lower ourts who an be removed under Rule *0> of the Rules of Court. $s impea hable offi ers# the Fusti es of the Supreme Court may only be removed in a ordan e with the onstitutional mandates on impea hment. C&en+o 83. Fernan, '1 SCRA -! Cembers of the Supreme Court must# under $rti le @888 5&6 5*6 of the Constitution# be members of the Philippine (ar and may be removed from offi e only by impea hment 5$rt. ?8 5'6# Constitution6. To grant a omplaint for disbarment of a member of the Court during the Cember:s in umben y# would in effe t be to ir umvent and hen e to run afoul of the Constitutional mandate that Cembers of the Court may be removed from offi e only by impea hment for and onvi tion of ertain offense listed in $rti le ?8 5'6 of the Constitution. Pre isely# the same situation e-ists in respe t of the Ombudsman and his deputies N$rt. ?8 526 in relation to $rt. ?8 5'6# idO# a ma.ority of the members of the Commission on $udit who are not ertified publi a ountants N$rt. ?8 596 5*6 5*6# id.O all of whom are onstitutionally re/uired to be members of the Philippine (ar. Da)0/8ar 83. Gon7a)e3, ,, SCRA # , <nder the Cuen o ruling# only the Fusti es of the Supreme Court shall not be sub.e ted to disbarment pro eedings during their in umben y. They an be sub.e ted to disbarment pro eedings during their in umben y only after they shall have been duly impea hed by Congress. 7owever# .udges and magistrates of the lower ourts may be sub.e ted to disbarment pro eedings. 8f they are found guilty and are suspended from the pra ti e of law or are disbarred as members of the bar# they are also suspended or dismissed as .udges. The reason for this is that membership in the bar is an 5 indispensable Cualification for the position of .udgeship# thus the suspension or loss thereof during the .udge:s term of offi e# .ustifies his automati suspension or dismissal therefrom.