2009 Legal Ethics Reviewer

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REVIEWER IN LEGAL ETHICS
Table of Contents
CHAPTER I. LEGAL PROFESSION I. Supervision and Control II. Practice of Law III. Admission to Practice Requirements for Admission to Practice 1. Citizenship 2. Residence 3. Age 4. Good Moral Character and no charges against involving moral turpitude 5. Legal Education 6. Bar Examinations 7. Lawyers Oath IV. Qualifications for Practice V. Prohibition from Practice VI. Notarial Practice CHAPTER II. CODE OF PROFESSIONAL RESPONSIBILITY I. Legal Ethics Duties of a Lawyer II. Lawyers Duties to Society A. Canon 1: Promote and Respect the Law and Legal Process B. Canon 2: Provide Efficient and Convenient Legal Services C. Cannon 3: Information on Legal Services that is true, Honest, Fair and Dignified D. Canon 4: Support for Legal Reforms and Administration of Justice E. Canon 5: Participate in Legal Education F. Canon 6: Government lawyers III. Lawyers Duties to the Legal Profession A. Canon 7: Uphold Dignity and Integrity in the Profession B. Canon 8: Courtesy, Fairness, Candor Towards Professional Colleagues C. Canon 9: Unauthorized Practice of Law IV. Lawyers Duties to the Courts A. Canon 10: Observe Candor, Fairness and Good Faith B. Canon 11: Respect Courts and Judicial Officers C. Canon 12: Assist in Speedy and Efficient Administration of Justice D. Canon 13: Refrain from Act Giving Appearance of Influence V. Lawyers Duties to the Client A. Canon 14: Service to the Needy B. Canon 15: Observe Candor, Fairness, Loyalty C. Canon 16: Hold in Trust Clients Moneys and Properties D. Canon 17: Trust and Confidence E. Canon 18: Competence and Diligence F. Canon 19: Representation with Zeal G. Canon 20: Attorneys Fees H. Canon 21: Preserve Clients Confidence
2 2 2 3 3 3 4 4 4 4 5 6 6 8 8 11 11 11 12 12 14 15 16 16 17 19 19 20 21 21 21 23 24 26 27 28 29 31 33 33 35 35 38
I.
Canon 22: Withdrawal of Services for Good Cause Valid ground for refusal
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CHAPTER III. DISCIPLINE OF LAWYERS I. Liabilities of Lawyers II. Power to Discipline Errant Lawyers A. Forms of Disciplinary Measures B. Suspension and Disbarment C. Procedure for Suspension/Disbarment of Attorneys by the IBP D. Procedure for Suspension/Disbarment of Attorneys by the Supreme Court Motu Proprio E. Imposition of Penalties in the Supreme Court III. Modifying Circumstances A. Mitigating Circumstances B. Aggravating Circumstances C. Effect of Executive Pardon IV. Reinstatement CHAPTER IV. CODE OF JUDICIAL CONDUCT I. Canon 1: Independence II. Canon 2: Integrity III. Canon 3: Impartiality IV. Canon 4: Propriety V. Canon 5: Equality VI. Canon 6: Competence and Diligence CHAPTER V. DISCIPLINE OF JUDGES I. Liabilities of Judges II. Discipline of Members of the Bench CHAPTER VI. FREQUENTLY ASKED LEGAL FORMS I. Parts Common to Forms A. Scilicet B. Captions and Titles C. Acknowledgement and Jurat II. General Forms A. Deed B. Contract C. Judicial form D. Criminal information E. Affidavit GLOSSARY OF UNCOMMON TERMS ANNEXES Special Rules for the Practice of Law A. 2004 Rules on Notarial Practice B. BM 850 MCLE C. BM 2012 Mandatory Legal Service Indigent clients D. RA 6033 E. RA 6034 F. RA 6035 G. PD 543 Special law on retired justice and judges H. RA 910 I. PD 1438 Law on obstruction of justice J. PD 1829
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Chapter I. Legal Profession

CHAPTER I. LEGAL PROFESSION
FACULTY-STUDENT EDITORIAL BOARD AND LECTURES COMMITTEE Prof. Concepcion Jardaleza

FACULTY EDITOR
LEGAL ETHICS Krissy Conti

LEAD WRITER SUBJECT EDITOR
LECTURES Edel Cruz

HEAD
ACADEMICS COMMITTEE Samantha Poblacion

DIRECTOR FOR ACADEMICS EDITOR-IN-CHIEF
Obet Bunagan Phoebe Hidalgo

WRITERS
Jason Mendoza
DEPUTY HEAD
Rania Joya
DEPUTY DIRECTOR FOR ACADEMICS LAYOUT HEAD
Malds Menzon
LOGISTICS, HR
-------Kae Guerrero
PRINTING AND DISTRIBUTION
-------Leo Zulueta
LOGO, COVER AND TEMPLATE DESIGN
Legal Ethics
I. SUPERVISION AND CONTROL II. PRACTICE OF LAW III. ADMISSION TO PRACTICE REQUIREMENTS FOR ADMISSION TO PRACTICE 1. CITIZENSHIP 2. RESIDENCE 3. AGE 4. GOOD MORAL CHARACTER AND NO CHARGES AGAINST INVOLVING MORAL TURPITUDE 5. LEGAL EDUCATION 6. BAR EXAMINATIONS 7. LAWYERS OATH IV. QUALIFICATIONS FOR PRACTICE V. PROHIBITION FROM PRACTICE VI. NOTARIAL PRACTICE
SC has the inherent power to integrate the bar in the exercise of the power to promulgate rules of the judiciary, including admission to the practice of law, and to the Integrated Bar. (In the matter of the Integration of the Integrated Bar of the Philippines, January 9, 1973)
BAR Refers to the whole body of attorneys and counselors, collectively, the members of the legal profession BENCH Denotes the whole body of judges
II. Practice of Law

Definition: any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience. It is to give notice or render any kind of service, which device or service requires the use in any degree of legal knowledge or skill. (Cayetano v. Monsod, GR. 100113, September 3, 1991) Activity in or out of court Application of legal knowledge or skill Padilla (dissent in Cayetano v. Monsod): There are four factors which determine the practice of law. (HACA) 1) Habituality customarily or frequently holding ones self out to the public as a lawyer 2) Application of law, legal principles, practice, or procedure calls for legal knowledge, training and experience 3) Compensation his professional services are available to the public for compensation, as a service of his
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LEGAL PROFESSION
Definition: A group of men and women pursuing a learned art as a common calling in the spirit of public service. Organization Learned art Public service
I. Supervision and Control

Regulated by the Supreme Court (SC), not by the Professional Regulatory Commission unlike all other professions.
Statutory Basis
1987 Constitution Art. VIII, Sec. 5, Sub-sec. 5. The SC has the power to promulgate rules concerning pleading, practice, and procedure in all courts, and the admission to the practice of law.
livelihood or in consideration of his said services 4) Attorney-client relationship hence for Padilla, teaching law or writing law books are not considered as practice of law. Giving advice for compensation regarding the legal status and rights of another and for ones conduct with respect thereto constitutes practice of law. (Ulep v. Legal Clinic, Bar Matter No. 553, June 17, 1993)
the license. (In re Cunanan, 94 Phil 534 (1954)) Sharia lawyers attorneys. are not considered
III.Admission to Practice
The constitutional power to admit candidates to the legal profession is a judicial function and involves exercise of discretion (In re: Almacen, 31 SCRA 562, 1970) The power of the Supreme Court to regulate the practice of law includes: 1) authority to define the term [practice] 2) prescribe the qualifications of a candidate to and the subjects of the bar examinations 3) decide who will be admitted to practice 4) discipline, suspend or disbar any unfit and unworthy member of the bar 5) reinstate any disbarred or indefinitely suspended attorney 6) ordain the integration of the Philippine Bar 7) punish for contempt any person for unauthorized practice of law and 8) in general, exercise overall supervision of the legal profession Congress has no power to regulate the bar (admission to practice). However, in the exercise of police power it may enact laws regulating the practice of law to protect the public.
The SC has declared that persons who pass the Sharia Bar are not full-fledged members of the Philippines Bar hence may practice only before Sharia courts. While one who has been admitted to the Sharia Bar, and one who has been admitted to the Philippine Bar, may both be considered as counselors, in the sense that they give counsel or advice in a professional capacity, only the latter is an attorney. (Alawi v. Alauya, A.M. SDC-97-2P. February 24, 1997)
ATTORNEY Officers of the courts, empowered to appear, prosecute and defend, and upon whom peculiar duties, responsibilities and liabilities are developed by law as a consequence. (Cui v. Cui, 120 Phil. 729) BARRISTER In England, a person entitled to practice law as an advocate or counsel in superior court. SOLICITOR In England, a person prosecuting or defending suits in Courts of Chancery. In the Philippines, a government lawyer attached with the Office of the Solicitor General. NOTARY PUBLIC A public officer authorized by law to certify documents, take affidavits, and administer oaths. Under the 2004 Rules on Notarial Practice, all notaries must be lawyers.
Requirements for Practice (CRABGO)
Admission
to
The Bar Flunkers Act of 1953 (RA 972) was declared partially unconstitutional because encroached upon the powers granted by the Constitution to the SC in determining the admission of bar examinees to the bar by usurping such power through a legislative act. The [Act] is not a legislation; it is a judgmentthe law passed by Congress on the matter is of permissive character, merely to fix the minimum conditions for
Citizenship Residence Age (above 21 yrs) Good Moral Character and no charges against involving moral turputide Legal Education (pre-law, law proper) Bar Examinations Lawyers Oath
1. Citizenship
Statutory Basis
1987 Constitution, Art. XII, Sec. 14. The practice of all professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed by law.
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Rules of Court, Rule 138, Sec. 2. Every applicant for admission as a member of the bar must be a citizen of the Philippines
honesty, and the strictest observance of fiduciary responsibility. (Frankfurter) Good moral character includes at least common honesty. Deception and other fraudulent acts are not merely unacceptable practices that are disgraceful and dishonorable, they reveal a basic moral flaw. (Olbes v. Deciembre, 457 SCRA 341) Question of moral turpitude is for SC to decide, which is why applicants are required to disclose any crime which they have been charged. Concealment or withholding from the court information about charges and indictments is a ground for disqualification of applicant or for revocation of license. (Agpalo)
Rationale Citizenship ensures republic and its laws.
allegiance
to
the
A Filipino citizen admitted to the Philippine Bar must maintain such citizenship to remain qualified for the practice of law in this country. (In Re Arthur Castillo Reyes (1993))
2. Residence
Statutory Basis
Rules of Court, Rule 138, Sec. 2. Every applicant for admission as a member of the bar must be be a resident of the Philippines
3. Age
Statutory Basis
Rules of Court, Rule 138, Sec. 2. Every applicant for admission as a member of the bar must be at least twenty-one years of age
4. Good Moral Character

Statutory Basis
Rules of Court, Rule 138, Sec. 2. Every applicant for admission as a member of the bar must be of good moral character and must produce before the Supreme Court satisfactory evidence of good moral character, and that no charges against him, involving moral turpitude, have been filed or are pending in any court in the Philippines.
SC may deny lawyers oath-taking based on a conviction for reckless imprudence resulting in homicide (hazing case). But after submission of evidence and various certifications he may now be regarded as complying with the requirements of good moral characterhe is not inherently of bad moral fiber. (In Re: Argosino, A.M. No. 712 July 13, 1995; B.M. No. 712 March 19, 1997)
5. Legal Education
A. Pre-Law Statutory Basis
Rules of Court, Rule 138, Sec. 6. A bachelors degree in arts or sciences with any of the following subjects as major or field of concentration: political science, logic, English, Spanish, History and Economics.
Good moral character is a continuing qualification required of every member of the Bar, it is not only a qualification precedent to the practice of law. (Narag v. Narag, 291 SCRA 451, June 29, 1998) Definitions: Absence of a proven conduct or act which has been historically and traditionally considered as a manifestation of moral turpitude. The act or conduct need not amount to a crime; and even if it does constitute an offense, a conviction upon a criminal charge is not necessary to demonstrate bad moral character although it may show moral depravity. (Agpalo) Qualities of truth-speaking, a high sense of honor, full candor, intellectual
A college degree must first be obtained before studying law. Otherwise, one will not be qualified to take the bar examinations. (In re Telesforo Diao, 1963) B. Law Proper Statutory Basis
Rules of Court, Rule 138, Sec. 5 and 6. All applicants for admissionshall, before being admitted to the examination, satisfactorily show that they have regularly studied law for four years, and successfully complete all prescribed courses, in a law school or university, officially approved and recognized by the Secretary of Education.
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Must have completed courses in: a) civil law b) commercial law c) remedial law d) public international law e) private international law f) political law g) labor and social legislation h) medical jurisprudence i) taxation j) legal ethics C. Graduates of foreign law schools beginning 1994 shall not be allowed to take the bar examinations since they cannot present the certifications required under sections 5 and 6 of Rule 138. (Re: Application of Adriano M. Hernandez, 1993)
E. SUBJECTS (Sec. 11) Political and International Law (morning) 1st day Labor and Social Legislation (afternoon) Civil Law (morning) 2nd day Taxation (afternoon) Mercantile Law (morning) 3rd day Criminal Law (afternoon) Remedial Law (morning) 4th day Legal Ethics and Practical Exercises (afternoon)
6. Bar Examinations
Statutory Basis: Rules of Court, Rule 138. A. WHEN TO FILE FOR PERMIT (Sec. 7) At least 15 days before the beginning of the examination. Applicants must submit affidavits of age, residence, citizenship, legal education. B. NOTICE (Sec. 8) Notice of applications for admission shall be published by the clerk of the Supreme Court in newspapers published in Pilipino, English and Spanish, for at least 10 days before the beginning of the examination. C. CONDUCT OF EXAM (Sec. 10) Questions will be in English or Spanish, to be answered in writing by examines. No oral examinations. If penmanship is poor, SC may allow upon verified application the use of a noiseless typewriter. Committee will take all precautions to prevent the substitution of papers or commission of other frauds. No papers, books or notes allowed into the examination rooms. Examinees shall not place their names on the examination papers. D. WHEN AND WHERE TO TAKE EXAM (Sec. 11) In four days designated by bar examiner, annually (in September) and in the city of Manila.
F. PASSING AVERAGE (Sec. 14) A general average of 75 % in all subjects, without falling below 50 % in any subject. Relative weights: Civil Law 15 % Labor and Social Legislation 10 % Mercantile Law 15 % Criminal Law 10 % Political and International Law 15 % Taxation 10 % Remedial Law 20 % Legal Ethics and Practical 5% Exercises G. WHO MAKES THE EXAM (Sec. 12): One member of the Supreme Court acts as Chairman, plus eight members of the bar who act as examiners who hold office for one year. In 2009, there will be two examiners per subject. The Bar Confidant acts as a sort of liaison officer between the court and the Bar Chairman on the other hand, and the individual members of the committee on the other. He is at the same time a deputy clerk of court. The names of the members of this committee shall be published in each volume of the official reports. H. RESULTS (Sec. 15) Committee must file its report on the results not later than February 15th after the examination, or as soon thereafter as may be practicable. I. FLUNKERS (Sec. 16) Retakers must apply again. Candidates who have failed the bar examinations for three times shall be disqualified from taking another examination unless they show proof of reenrollment and successful
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completion of regular fourth year review classes as well as attended a pre-bar review course in a recognized law school. The professors of the individual review subjects under this rule shall certify under oath that the candidates have regularly attended classes and passed the subjects under the same conditions as ordinary students and the ratings obtained by them in the particular subject. J. DISCIPLINE (Sec. 13) No candidate shall endeavor to o Influence any member of the committee, o During examination the candidates shall not communicate with each other o Shall not give or receive any assistance. Violators will be punished by disqualification, counted as a failure. Further disciplinary action, including permanent disqualification, may be taken in the discretion of the court. K. BAR EXAM AS CIVIL SERVICE ELIGIBILITY The law makes passing the bar examination equivalent to a first grade civil service eligibility for ay position in the classified service in the government the duties of which require knowledge of law, or a second grade civil service eligibility for any other government position which does not prescribe proficiency in law as a qualification. o o First grade civil service eligibility for any position Second grade civil service eligibility for position which does not prescribe proficiency in law
I, _____, do solemnly swear that I will maintain allegiance to the Republic of the Philippines. I will support and defend its Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein; I will do no falsehood nor consent to the doing of any in court; I will not wittingly or willingly promote or sue any groundless, false or unlawful suit nor give aid nor consent to the same; I will delay no man for money or malice, and will conduct myself as a lawyer according to the best of my knowledge and discretion with all good fidelity as well to the court as to my clients; and I impose upon myself this obligation voluntarily, without any mental reservation or purpose of evasion. So help me God.
In Re: Argosino, 270 SCRA 26 1997 The lawyers oath is not a mere ceremony or formality for practicing law. Every lawyer should at all times weigh his actions according to the sworn promises he makes when taking the lawyers oath. If all lawyers conducted themselves strictly according to the lawyers oath and the Code of Professional responsibility, the administration of justice will undoubtedly fairer, faster and easier for everyone concerned. Olbes v. Deciembre, A.C. No. 5365 (April 2005) By taking the lawyers oath, a lawyer becomes the guardian of truth and the rule of law and an indispensable instrument in the fair and impartial administration of justice.
IV. Qualifications for Practice

Statutory Basis
Rules of Court, Rule 138, Sec. 1. Any person duly admitted as a member of the bar, or hereafter admitted as such in accordance with the provisions of this rule, and who is in good and regular standing, is entitled to practice law.
7. Lawyers Oath
Statutory Basis Rules of Court, Sec. 17. An applicant who has passed the required examination, or has been otherwise found to be entitled to admission to the bar, shall take and subscribe before the Supreme Court an oath of office. Form 28 of the Judicial Standard Forms prescribes the following oath to be taken by the applicant:
General Rule: Members of the Bar Exceptions: 1. Law students 2. By an agent/friend 3. By person
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1. Law Students
Statutory Basis
Rules of Court, Rule 138-A or the Law Student Practice Rule
Administrative tribunals only if they represent their organization or members. NLRC, cadastral courts, etc. Limitations: o non-adversarial contentions o not habitually rendered o not charge for payment For the government any person appointed to appear for the government of the Philippines in accordance with law
Qualifications of Students who may Appear in Court: Third year standing Enrolled in a recognized law schools legal education program approved by the Supreme Court, without compensation in any civil, criminal or administrative case before any trial court, tribunal, board or officer, to represent indigent clients accepted by the legal clinic of the law school Under direct supervision and control of a member of the IBP duly accredited by the law school. Any and all pleadings, motions, briefs, memoranda or other papers must be signed by the supervising attorney for and in behalf of the legal clinic.
Rule 138, Sec. 34. A law student may appear in his personal capacity without the supervision of a lawyer in inferior courts. DIRECT SUPERVISION AND CONTROL Requires no less than the physical presence of the supervising lawyer during the hearing.
3. Self-representation
Statutory Basis
Rules of Court, Rule 138, Sec. 34. A person may represent himself before any court. He is bound by the same rules in conducting the trial of his case. He cannot, after judgment, claim that he was not properly represented.
Rule 115, Sec 1 (c) provides that an accused may waive his right to counsel but if he cannot protect his rights without the assistance of a counsel, the Court should advise him to secure a counsel de parte or appoint a counsel de officio to represent him.
COUNSEL DE OFFICIO A counsel, appointed or assigned by the court, from among members of the Bar in good standing who, by reason of their experience and ability, may adequately defend the accused. COUNSEL DE PARTE A counsel employed or retained by the party, or the accused
In Re: Need That Law Student Practicing Under Rule 138-A Be Actually Supervised During Trial (1997) A law student appearing before the RTC under Rule 138-A should at all times be accompanied by a supervising lawyer.
2. Agent
Statutory Basis
Rules of Court, Rule 138, Sec. 34. In such cases, no attorney-client relationship exists; not habitual. An agent is usually appointed or a friend chosen in a locality where a licensed member of the bar is not available.
Civil a party in a civil suit may conduct his litigation either personally or by attorney unless the party is a juridical person. Allowed in MTC, RTC, appellate court. Criminal in a locality where a lawyer is unavailable, a judge may appoint a nonlawyer who is a resident of the province, and of good repute for probity and ability to defend the accused. Allowed up to MTC-level only.
RIGHT TO COUNSEL: Absolute and immutable. However, his option to secure the services of counsel de parte is not absolute. The trial court may restrict his option to retain a counsel de parte if a) the accused insists on an attorney he cannot afford b) chosen counsel is not a lawyer or c) the attorney declines to represent the accused for a valid reason, in which case the trial court can appoint his counsel de oficio to represent him. In a democratic and civilized country where the rights of a person are determined in accordance with established rules, the employment of a person acquainted with those rules becomes a necessity both to the litigants and to the Court. A party litigant needs the assistance of counsel in all proceedings, administrative, civil or criminal. (Agpalo)
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V. Prohibition from Practice

RELATIVE PROHIBITION 1) Senators and members of the House of Representatives (prohibition to appear) (Art VI, Sec. 14, 1987 Constitution) 2) Members of the Sanggunian (RA No. 7160, Sec. 91) ABSOLUTE PROHIBITION 1) Judges and other officials as employees of the Superior Court (Rule 148, Sec. 35, RRC) o Officials and employees of the OSG o Government prosecutors (People v. Villanueva, 14 SCRA 109) 2) President, Vice-President, members of the cabinet, their deputies and assistants, (Art. VIII Sec. 15, 1987 Constitution) 3) Chairmen and Members of the Constitutional Commissions (Art. IX-A, Sec. 2, 1987 Constitution) 4) Ombudsman and his deputies (Art. IX, Sec. 8 (2nd par.), 1987 Constitution) 5) Solicitor general and assistant solicitor generals 6) All governors, city and municipal mayors (R.A. No. 7160, Sec. 90) 7) Those who, by special law, are prohibited from engaging in the practice of their legal profession SPECIAL RESTRICTIONS 1) Retired judges (RA 910, Sec. 1, as amended) A retired justice or judge receiving a pension from the government, cannot act as counsel in any civil case in which the Government, or any of its subdivision or agencies is the adverse party or in a criminal case wherein an officer or employee of the Government is accused of an offense in relation to his office. REMEDIES AGAINST UNAUTHORIZED PRACTICE 1) Petition for Injunction 2) Declaratory Relief 3) Contempt of Court 4) Disqualification and complaints for disbarment 5) Criminal complaint for estafa who falsely represented to be an attorney to the damage party
VI. Notarial Practice

NOTARY PUBLIC or a notary is any person commissioned to perform official acts 1) acknowledgements; 2) oaths and affirmations; 3) jurats; 4) signature witnessing; 5) copy certifications; and 6) any other act authorizes in the rules Why notarize To verify the personal appearance of affiant and the genuineness of signature To authenticate document and verify due execution, making document admissible in evidence without proof of authenticity.
Notarization is not an empty, meaningless, routinary act. It is invested with substantive public interest, such that only those who are qualified or authorized may act as notaries publicA notarial document is by law entitled to full faith and credit upon its face. Courts, administrative agencies and the public at large must be able to rely upon the acknowledgement executed by a notary public. (Baylon v. Almo, A.C. No. 6962, June 25, 2008) QUALIFICATIONS OF A NOTARY PUBLIC 1) citizen of the Philippines 2) over 21 years of age 3) resident of the Philippines for at least one year and maintains a regular place of work or business 4) member of the Philippine Bar in good standing, with clearances from the Bar Confidant of the SC and the IBP 5) no conviction for any crime involving moral turpitude (Hence all notaries are lawyers but not all lawyers are notaries.) COMMISSION A notarial commission is granted by an executive judge after petition of the lawyer, and is good for two years. Every petition undergoes a hearing and approved after o petition is proven sufficient in form and substance o petitioner proves allegations in petition o petitioner establishes to the satisfaction of the court that he has read and understood the Rules on Notarial Practice
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AUTHORITY OF THE NOTARY To certify signature and to sign in behalf of an affiant. A notary is authorized to certify the affixing of a signature by thumb or other mark on an instrument or document presented if: the thumb or other mark is affixed in presence of notary and two disinterested witnesses both witnesses affix their own mark the affiant and witnesses personally present ID with picture, oath of witnesses known to the individuals, and residence certificates, if not personally known the notary writes: Thumb or other mark affixed by ___ in the presence of ____ and undersigned notary public. notary public notarizes the signatures or marks through an acknowledgement, jurat or signature witnessing A notary public authorized to sign on behalf of a person unable to sign if: he is directed by the person unable to sign or make a mark the signature of the notary is affixed in the presence of two disinterested witnesses both witnesses sign their own names the affiant and witnesses personally present ID with picture, oath of witnesses known to the individuals, and residence certificates, if not personally known the notary writes: Signature affixed by notary in the presence of ____. notary public notarizes the signatures or marks through an acknowledgement or jurat
4) any place where a party to the instrument requiring notarization is under detention B. Irregularity in person Disqualifications: 1) if notary is personally a party to the instrument 2) if he will receive as an indirect and direct result any commission, fee, advantage, right, title, interest, cash, property, or other consideration in excess of what is provided in these rules 3) if notary is a spouse, common-law partner, ancestor, descendant, or relative by affinity or consanguinity of the principal up to the fourth degree C. Mandatory refusal to notarize 1) If the transaction is unlawful or immoral 2) If the signatory shows signs that he does not understand consequences of the act, per the notarys judgment 3) If the signatory appears not to act of his own free will, per the notarys judgment NOTARIAL REGISTER A chronological official notarial register of notarial acts consisting of a permanently bound book with numbered pages. There must only be one active register ay any given time. Required entries: 1) entry number and page number 2) date and time of day 3) type of notarial act 4) title or description of document 5) name and address of each principal 6) competent evidence of identity 7) name and address of each credible witness 8) fee charged 9) address where the notarization was performed, if not the notarys regular place of business 10) any other circumstance of significance Official signature signed by hand, not by facsimile stamp or printing device, and at the time of the notarization Official seal two-inch diameter seal with the words Philippines, attorneys name at the margin and the roll of attorneys number.
What to notarize GENERAL RULE: A notary can notarize any document, upon request of affiant. Notarization of document must be at the notary publics regular place of work. EXCEPTION: A. Irregularity in place - if it is outside of his territorial jurisdiction Exceptions: 1) in public offices, convention halls and other places where oaths of office are administered 2) public function areas in hotels and similar areas used for the signing of instruments or documents requiring notarization 3) hospitals and other medical institutions where a part to an instrument is confined for treatment
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For vendors, the sale of the seal may only be upon judicial authority, for a period of 4 years. For buyers, a certified copy of the commission is necessary for purchase. One seal per certificate. The act of a lawyer notarizing a Special Power of Attorney knowing that the person who allegedly executed it is dead is a serious breach of the sacred obligation imposed upon him by the Code of Professional Responsibility, specifically Rule 1.01 of Canon 1. (Sicat v. Arriola, 456 SCRA 93 (2005)) A lawyer is guilty of misconduct in the performance of his duties if he fails to register in his notarial register the affidavits-complaints which were filed in an administrative case before the Civil Service Commission. (Aquino v. Pascua, 539 SCRA 1 (2007))
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Chapter II. Code of Professional Responsibility

I. II. LEGAL ETHICS DUTIES OF A LAWYER LAWYERS DUTIES TO SOCIETY A. CANON 1: PROMOTE AND RESPECT THE LAW AND LEGAL PROCESS B. CANON 2: PROVIDE EFFICIENT AND CONVENIENT LEGAL SERVICES C. CANNON 3: INFORMATION ON LEGAL SERVICES THAT IS TRUE, HONEST, FAIR AND DIGNIFIED D. CANON 4: SUPPORT FOR LEGAL REFORMS AND ADMINISTRATION OF JUSTICE E. CANON 5: PARTICIPATE IN LEGAL EDUCATION F. CANON 6: GOVERNMENT LAWYERS LAWYERS DUTIES TO THE LEGAL PROFESSION A. CANON 7: UPHOLD DIGNITY AND INTEGRITY IN THE PROFESSION B. CANON 8: COURTESY, FAIRNESS, CANDOR TOWARDS PROFESSIONAL COLLEAGUES C. CANON 9: UNAUTHORIZED PRACTICE OF LAW LAWYERS DUTIES TO THE COURTS A. CANON 10: OBSERVE CANDOR, FAIRNESS AND GOOD FAITH B. CANON 11: RESPECT COURTS AND JUDICIAL OFFICERS C. CANON 12: ASSIST IN SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE D. CANON 13: REFRAIN FROM ACT GIVING APPEARANCE OF INFLUENCE LAWYERS DUTIES TO THE CLIENT A. CANON 14: SERVICE TO THE NEEDY B. CANON 15: OBSERVE CANDOR, FAIRNESS, LOYALTY C. CANON 16: HOLD IN TRUST CLIENTS MONEYS AND PROPERTIES D. CANON 17: TRUST AND CONFIDENCE E. CANON 18: COMPETENCE AND DILIGENCE F. CANON 19: REPRESENTATION WITH ZEAL G. CANON 20: ATTORNEYS FEES H. CANON 21: PRESERVE CLIENTS CONFIDENCE I. CANON 22: WITHDRAWAL OF SERVICES FOR GOOD CAUSE VALID GROUND FOR REFUSAL
bar and to the public. (G.A. Malcolm, Legal and Judicial Ethics 8, 1949)
Duties of a Lawyer
Statutory basis: Rule 138, Sec. 20 1) To maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines; 2) To observe and maintain the respect due to the courts of justice and judicial officers; 3) To counsel or maintain such actions or proceedings only as appear to him to be just, and such defenses only as he believes to be honestly debatable under the law; 4) To employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor, and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law; 5) To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client, and to accept no compensation in connection with his client's business except from him or with his knowledge and approval; 6) To abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he is charged; 7) Not to encourage either the commencement or the continuance of an action or proceeding, or delay any man's cause, from any corrupt motive or interest; 8) Never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed; 9) In the defense of a person accused of crime, by all fair and honorable means, regardless of his personal opinion as to the guilt of the accused, to present every defense that the law permits, to the end that no person may be deprived of life or liberty, but by due process of law. PUBLIC DUTY as attorneys are faithful assistants of the court in search of a just solution to disputes A counsel de officio is expected to render effective service and to exert his best efforts
CHAPTER II. CODE OF PROFESSIONAL RESPONSIBILITY
III.
IV.
V.
I. Legal Ethics
Definition: Body of principles by which the conduct of members of the legal profession is controlled. It is that branch of moral science which treats of the duties which an attorney at law owes to his clients, to the courts, to the
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on behalf of an indigent accused. He has a high duty to the poor litigant as to a paying client. He should have a bigger dose of social conscience and a little less of self interest. (Agpalo) PRIVATE DUTY as attorneys operate as a trusted agent of his client
A private prosecutor may intervene in the prosecution of a criminal action when the offended party is entitled to indemnity and has not waived expressly, reserved or instituted the civil action for damages. In case of heavy work schedule of the public prosecutors, the private prosecutor may be authorized in writing by the Chief of the Prosecution Office or the Regional State Prosecution to prosecute the case subject to the approval of the Court. Once so authorized to prosecute the criminal action, the private prosecutor shall continue to prosecute the case up to the end of the trial even in the absence of a public prosecutor, unless the authority is revoked or otherwise withdrawn. (Rule 110, Sec. 5, ROC, as amended per A.M. No. 02-2-07-SC, May 1, 2002)
4) Duties to the Client entire devotion to clients interest
II. Lawyers Duties to Society

Canon 1: Promote and Respect the Law and Legal Process Canon 2: Provide Efficient and Convenient Legal Services Cannon 3: Information on Legal Services that is true, Honest, Fair and Dignified Canon 4: Support for Legal Reforms and Administration of Justice Canon 5: Participate in Legal Education Canon 6: Government lawyers CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL PROCESSES. Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
UNLAWFUL CONDUCT An act or omission which is against the law. Dishonesty involves lying or cheating. (Agpalo) IMMORAL OR DECEITFUL CONDUCT That which is willful, flagrant or shameless and which shows a moral indifference to the opinion of the good and respectable members of the community. (Aguirre) MORAL TURPITUDE Includes everything which is done contrary to justice, honesty, modesty, or good morals. It involves an act of baseness, vileness, or depravity in the private duties which a man owed his fellowmen, or to society in general, contrary to the accepted and customary rule of right and duty between man and woman, or conduct contrary to justice, honesty, modesty, or good morals. (Barrios v. Martinez, 442 SCRA 324 (2004)) E.g. crimes of murder, estafa, rape, violation of BP 22, bribery, bigamy, adultery, seduction, abduction, concubinage, smuggling
FOUR-FOLD DUTIES OF A LAWYER (Per the Code of Professional Responsibility) 1) Duties to Society should not violate his responsibility to society exemplar for righteousness ready to render legal aid foster social reforms guardian of due process aware of special role in the solution of special problems and be always ready to lend assistance in the study and solution of social problems 2) Duties to the Legal Profession candor fairness courtesy and truthfulness avoid encroachment in the business of other lawyers uphold the honor of the profession 3) Duties to the Court respect or defend against criticisms uphold authority and dignity obey order and processes assist in the administration of justice
Immorality connotes conduct that shows indifference to the moral norms of society. For such conduct to warrant disciplinary action, the same must be grossly immoral, it must be so corrupt and false as to constitute a criminal act or so unprincipled as to be reprehensible to a high degree. Respondent's act belies
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the alleged moral indifference and proves that she has no intention of flaunting the law and the high moral standards of the legal profession. (Ui v. Bonifacio, 333 SCRA 38) Mere intimacy between a man and a woman, both of whom possess no impediment to marry, voluntarily carried and devoid of deceit on the part of the respondent is neither so corrupt nor so unprincipled as to warrant the imposition of disciplinary sanction, even if a child was born out of wedlock of such relationship. It may suggest a doubtful moral character but not grossly immoral. (Figueroa v. Barranco, 276 SCRA 445 (1997)) Reconciliation between Delizo-Cordova and Cordova, assuming the same to be real, does not excuse or wipe away the misconduct and immoral behavior carried out in public. The requirement of good moral character persists as a continuing condition for membership in the Bar in good standing. (Cordova v. Cordova, 179 SCRA 680 (1989)) While sexual relations between two unmarried adults is not sufficient to warrant disbarment, it is not with respect to betrayals to the marital vow. Respondents wanton disregard for the sanctity of marriage is shown when he pursued a married woman and thereafter cohabited with her. (Guevarra v. Eala, 529 SCRA 1 (2007)) When lawyers are convicted of frustrated homicide, the attending circumstances, not the mere fact of their conviction would demonstrate their fitness to remain in the legal profession. (Soriano v. Dizon, A.C. No. 6792, January 25, 2006) The record discloses that the Court of First Instance acquitted respondent Suller for failure of the prosecution to prove his guilt beyond reasonable doubt. Such acquittal, however, is not determinative of this administrative case ... The rape of his neighbor's wife constituted serious moral depravity even if his guilt was not proved beyond reasonable doubt in the criminal prosecution for rape. He is not worthy to remain a member of the bar. The privilege to practice law is bestowed upon individuals who are competent intellectually, academically and, equally important, morally. Good moral character
is not only a condition precedent to admission to the legal profession, but it must also be possessed at all times in order to maintain one's good standing in that exclusive and honored fraternity. (Calub v. Suller, A.C. No. 1474, January 28, 2000 and quoting Docena vs. Limon, 295 SCRA 262) Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system.
The SC does not claim infallibility, it will not denounce criticism made by anyone against the Court for, if well founded can truly have constructive effects in the task of the Court, but will not countenance any wrong doing nor allow erosion of the people's faith in the judicial system. (Estrada v. Sandiganbayan, 416 SCRA 465) The promotion of organizations, with knowledge of their objectives, for the purpose of violating or evading the laws constitutes such misconduct in his office. (In re Terrell, 2 Phil 266 (1903)) Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any man's cause.
BARRATRY OR MAINTENANCE Inciting or stirring up quarrels or groundless lawsuits AMBULANCE CHASING Accident-site solicitation of almost any kind of legal business by laymen employed by an attorney for the purpose or by the attorney himself. Supports perjury, the defrauding of innocent persons by judgments, upon manufactured causes of actions and the defrauding of injured persons having proper causes of action but ignorant of legal rights and court procedure.
A lawyer may be disciplined in his professional and private capacity. The filing of multiple complaints reflects on his fitness to be a member of the legal profession. His conduct of vindictiveness a decidedly undesirable trait especially when one resorts to using the court not to secure justice but merely to exact revenge warrants his dismissal from the judiciary. (Saburnido v. Madrono, 366 SCRA 1 (2001))
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Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a controversy if it will admit of a fair settlement. The function of a lawyer is not only to conduct litigation but to avoid it where possible, by advising settlement or withholding suit. He must act as mediator for compromise rather than an instigator and conflict. What sometimes beclouds a lawyers judgment as to what is best for his client is his eye on the attorneys fees which are often considerably less when the cause is amicably settled. The problem of conflict of interests must be resolved against self-interest. (Agpalo)
Valid grounds for refusal (Rule 14.03): 1) He is in no position to carry out the work effectively or competently 2) He labours under a conflict of interest between him and the prospective client or between a present client and the prospective client The legal profession is a burdened privilege not many are qualified to undertake. Ledesma owes fidelity to the duty required of the legal profession. Because there is no incompatibility between the defense of his client and him being an election registrar, he should not decline his appointment as counsel de oficio. The ends of justice will be well served by requiring counsel to continue as counsel de oficio. (Ledesma v. Climaco, 57 SCRA 473 (1974)) Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall not refuse to render legal advice to the person concerned if only to the extent necessary to safeguard the latter's rights. Advice may be on what preliminary steps to take until the client has secured the services of counsel. But he shall refrain from giving legal advice if the reason for not accepting the case is that there involves a conflict of interest between him and a prospective client or between a present client and a prospective client. (Agpalo) Rule 2.03 - A lawyer shall not do or permit to be done any act designed primarily to solicit legal business. The legal practice is not a business. Unlike a businessman, the lawyer has: 1) Relation to the administration of justice involving sincerity, integrity and reliability as an officer of the court; 2) duty of public service; 3) relation to clients with the highest degree of fiduciary; 4) relation to colleagues at the bar characterized by candor, fairness and unwillingness to resort to business methods of advertising and encroachment on their practice, or dealing directly with their clients. (Agpalo) In relation to Rule 3.01, solicitation of any kind is prohibited; but some forms of advertisement may be allowed.
A lawyer should be sanctioned for the misuse of legal remedies and prostituting the judicial process to thwart the satisfaction of a judgment to the prejudice of others. The lawyer abetted his client in using the courts to subvert the very ends of justice by instigating controversy and conflict although the client's cause is without merit. It is every duty of a counsel to advise his client on the merit of his case. A lawyer must resist the whims and caprices of his clients, and temper his clients propensity to litigate. (Castaneda v. Ago, 65 SCRA 505 (1975)) CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND EFFECTIVENESS OF THE PROFESSION. Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed. LEGAL AID IS NOT A MATTER OF CHARITY. It is a means for the correction of social imbalance that may and often do lead to injustice, for which reason it is a public responsibility of the Bar. The spirit of public service should, therefore, underlie all legal aid offices. The same should be administered to indigent and deserving members of the community on all cases, matters and situations in which legal aid may be necessary to forestall an injustice. (IBP Handbook, Guidelines Governing the Establishment and Operation of the Legal Aid Office, Art. 1, Sec. 1)
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MALPRACTICE The practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers, constitutes malpractice. A member of the bar may be disbarred or suspended from his office as attorney by the SC for any malpractice. (Rule 138, Sec. 27)
Rule 2.04 - A lawyer shall not charge rates lower than those customarily prescribed unless the circumstances so warrant. This prohibits the competition in the matter of charging professional fees for the purposed of attracting clients in favor of the lawyer who offers lower rates. The rule does not prohibit a lawyer from charging a reduced fee or none at all to an indigent or to a person who would have difficulty paying the fee usually charged for such services. (Agpalo) CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE ONLY TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE INFORMATION OR STATEMENT OF FACTS. Rule 3.01 - A lawyer shall not use or permit the use of any false, fraudulent, misleading, deceptive, undignified, selflaudatory or unfair statement or claim regarding his qualifications or legal services. THE MOST WORTHY AND EFFECTIVE ADVERTISEMENT possible is the establishment of a well-merited reputation for professional capacity and fidelity to trust. This cannot be forced, but must be the outcome of character and conduct. Allowable advertisement: o an ordinary professional card o publication in reputable law list with brief biographical and other informative data which may include name, associates, address, phone numbers, branches of law practised, birthday, day admitted to the bar, schools and dates attended, degrees and distinctions, authorships, teaching positions, associations, legal fraternities and societies, references and regularly represented clients must be published for that purpose o publication of simple announcement of opening of law firm, change of firm
o o
listing in telephone directory but not under designation of special branch of law if acting as an associate (specialising in a branch of law), may publish a brief and dignified announcement to lawyers (law list, law journal) if in media, those acts incidental to his practice and not of his own initiative write articles for publication giving information upon the law (and not individual rights or advising through column/ TV. broadcast, lest such be considered indirect advertising) activity of an association for the purpose of legal representation
If entering into other businesses which are not inconsistent with lawyers duties it is advisable that they be entirely separate and apart such that a layman could distinguish between the two functions. Prohibited advertisement (Sec. 27, Canon of Professional Ethics): o Through touters of any kind whether allied real estate firms or trust companies advertising to secure the drawing of deeds or wills o Offering retainers in exchange for executorships or trusteeships to be influenced by the lawyer o Furnishing or inspiring newspaper comments concerning the manner of their conduct, the magnitude of the interests involved, the importance of lawyers position, and all other like selflaudation A lawyer may not properly publish his brief biographical and informative data in a daily paper, magazine, trade journal or society program in order to solicit legal business. (Khan v. Simbillo, 409 SCRA 299 (2003)) It is highly unethical for an attorney to advertise his talents or skill as a merchant advertises his wares. The law is a profession not a business. Solicitation of cases by himself or through others is unprofessional and lowers the standards of the legal profession. (In re Tagorda, 53 Phil 37 (1929)) The lawyer degrades himself and his profession who stoops to and adopts the practices of mercantilism by advertising his services or offering them to the public. Not all types of advertising are prohibited, a
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lawyer may advertise in reputable law lists, in a manner consistent with the standards of conduct imposed by the canons. Likewise in the use of a name, false and misleading names are prohibited. (Ulep v. Legal Clinic, 223 SCRA 378 (1993)) Rule 3.02 - In the choice of a firm name, no false, misleading or assumed name shall be used. The continued use of the name of a deceased partner is permissible provided that the firm indicates in all its communications that said partner is deceased. GENERAL RULE 1: All partners in firm name must be alive. EXCEPTION: When removal of the deceased partners name disturbs the client goodwill built through the years. Death of a partner does not extinguish the client-lawyer relationship with the law firm. (B.R. Sebastian Enterprises Inc. vs. Court of Appeals, 206 SCRA 28) GENERAL RULE 2: Filipino lawyers cannot practice law under the name of a foreign law firm. Firms may not use misleading names showing association with other firms to purport legal services of highest quality and ties with multinational business enterprise especially when such firm attached as an associate cannot legally practice law in the Philippines. (Dacanay v. Baker and McKenzie, 136 SCRA 349 (1985)) Rule 3.03 - Where a partner accepts public office, he shall withdraw from the firm and his name shall be dropped from the firm name unless the law allows him to practice law currently. Related statutory basis: RA 7160 or the Local Government Code, Section 90. Governors, city and municipal mayors are prohibited from practice of profession. EXCEPTION: Sanggunian members are allowed to practice concurrently subject to certain restrictions. 1987 Constitution, Art. VI, Sec. 14. No Senator or member of the House of Representative may personally appear before any court of justice or before the Electoral Tribunal, or quasi-judicial and other administrative bodies.
Art. VII, Sec. 13. The President, VicePresident, the members of the cabinet and assistants shall not, unless otherwise provided in this Constitution, hold any other office or employment during their tenure. They shall not, during said tenure, directly or indirectly practice any profession. Art. IX, Sec. 2. No member of a Constitutional Commission shall, during his tenure, hold any other office or employment. Neither shall he engage in the practice of any profession. It is unlawful for a public official or employee to, among others: "engage in the private practice of their profession, unless authorized by the Constitution or law, provided that such practice will not conflict or tend to conflict with official functions." (Samonte v. Gatdula, 303 SCRA 756 (1999)) Rule 3.04 - A lawyer shall not pay or give anything of value to representatives of the mass media in anticipation of, or in return for, publicity to attract legal business. It is bad enough to have such undue publicity when a criminal case is being investigated, but when publicity and sensationalism is allowed, even encouraged, when the case is on appeal and is pending consideration by the SC, it is inexcusable and abhorrent. (Cruz v. Salva, 105 Phil 1151 (1959)) CANON 4 A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THE LEGAL SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN LAW REFORM AND IN THE IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE. Activities encouraged: o Presenting position papers or resolutions for the introduction of pertinent bills in Congress o Petitions in the SC for the amendments to the Rules of Court CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL EDUCATION PROGRAMS, SUPPORT EFFORTS TO ACHIEVE HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN THE PRACTICAL TRAINING OF
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LAW STUDENTS DISSEMINATING JURISPRUDENCE. OBLIGATIONS
AND THE
ASSIST IN LAW AND
14. Those who have retired from the law practice (special exemption) Penalty: Listing as a delinquent member of the IBP
1) To self for continued knowledge 2) To his profession for high standards of legal 3) To the public for social
improvement of maintenance of education consciousness
CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR TASKS. Rule 6.01 - The primary duty of a lawyer engaged in public prosecution is not to convict but to see that justice is done. The suppression of facts or the concealment of witnesses capable of establishing the innocence of the accused is highly reprehensible and is cause for disciplinary action. Related statutory basis: RA 6713, Sec. 4 (A) or the Code of Conduct and Ethical Standards for Public Officials and Employees. Every public official and employee shall observe the following as standards of personal conduct in the discharge and execution of official duties: o Commitment to public interest o Professionalism o Justness and sincerity o Political neutrality o Responsiveness to the public o Nationalism and patriotism o Commitment to democracy o Simple living It is upon the discretion of the prosecutor to decide what charge to file upon proper appreciation of facts and evidences. Fiscals are not precluded from exercising their sound discretion in investigation. His primary duty is not to convict but to see that justice is served. (People v. Pineda, 20 SCRA 748 (1967)) A member of the Bar who assumes public office does not shed his professional obligation. The Code was not meant to govern the conduct of private petitioners alone, but of all lawyers including those in government service. Lawyers in government are public servants who owe the utmost fidelity to the public service. Thus they have to be more sensitive in the performance of their professional obligations. A lawyer in public service is a keeper of public faith and is burdened with a high degree of social responsibility,
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BAR MATTER NO. 850 (2000) Purpose: To ensure that lawyers throughout their career keep abreast with law and jurisprudence, maintain the ethics of the profession and enhance the standards of the practice of law Requirement: Every three years at least 36 hours of legal education activities. Legal ethics Trial and pre-trial skills Alternative dispute resolution Updates on substantive procedural laws and jurisprudence Writing and oral advocacy International law and international conventions Other subjects as may be prescribed by the Committee on MCLE 6 4 5 9 hrs hrs hrs hrs
4 hrs 2 hrs 6 hrs
Exemptions: 1. President, vice-president, cabinet members 2. Members of Congress 3. Chief Justice and incumbent and retired members of the judiciary 4. Chief state counsel, prosecutor and assistant secretaries of the Department of Justice 5. Solicitor General and assistants 6. Government Corporate Counsel, his deputies and assistants 7. Chairman and members of Constitutional Commissions 8. Ombudsman and his deputies 9. Heads of government agencies exercising quasi-judicial functions 10. Incumbent deans, bar reviewers and professors of law who have 10 year teaching experience 11. Officers and lecturers of the Philippine Judicial Academy 12. Governors and mayor 13. Those not in law practice (special exemption)
perhaps higher than her brethren in private practice. (Vitriolo v. Dasig, 400 SCRA 172 (2003)) Rule 6.02 - A lawyer in government service shall not use his public position to promote or advance his private interests, nor allow the latter to interfere with his public duties. Respondent in his future actuations as a member of the bar, should refrain from laying himself open to such doubts and misgivings as to his fitness for the position he occupies but also for membership in the bar. Fitness as to the membership to the legal profession includes keeping his honor unsullied. (Misamin v. San Juan, 72 SCRA 491 (1976)) Rule 6.03 - A lawyer shall not, after leaving government service, accept engagement or employment in connection with any matter in which he had intervened while in said service. How a Government Lawyer Leaves Government Service: retirement resignation expiration of the term of office dismissal abandonment GENERAL RULE: Practice of profession allowed immediately after leaving public service EXCEPTIONS: If lawyer had connection with any matter during his term, subject to a) One year prohibition if he had not intervened b) Permanent prohibition if he had intervened One Year Prohibition Statutory Basis
RA 3019 or the Anti-Graft and Corrupt Practices Act. Sec. 3(d) - Corrupt practices of any public officer include: (d) Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination. RA 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees. Sec. 7(b) - Outside employment and other
activities. Public officials and employees during their incumbency shall not: o Own, control, manage or accept employment as officer employee, consultant, counsel, broker, agent, trustee or nominee / in any private enterprise regulated, supervised or licensed by their office / unless expressly allowed by law; o Engage in the private practice of their profession unless authorized by the Constitution or law, provided that such practice will not conflict or tend to conflict with their official functions; o Recommend any person to any position in a private enterprise which has a regular or pending official transaction with their office. These prohibitions shall continue to apply for a period of one year after resignation, retirement or separation from public office, except in case of subparagraph (2) above, but the professional concerned cannot practice his profession in connection with any matter before the office he used to be with, in which case the one year prohibition shall likewise apply.
Relative Prohibition On retired judges and justices Statutory Basis

RA 910 or the special law on retirement of justices and judges, Sec. 1. No retiring justice or judge of a court of record or city or municipal judge during the time that he is receiving said pension shall appear as counsel in any court in any civil case where o the government or any of its subdivisions or instrumentalities is an adverse party o in a criminal case, where an officer or employee of the government is accused of an offense related to his official function o in any administrative proceeding, cannot collect any fee for his appearance to maintain an interest adverse to the government
Permanent Prohibitions On any government employee No government employee, official, or officer may accept engagement or employment in connection with matter he had intervened in. Intervention includes any act of a person which has the power to influence the subject proceedings. (Agpalo) The matter contemplated in this rule are those that are adverse-interest conflicts (substantial relatedness and adversity between the government matter and the new client matter in interest) and congruent-interest representation conflicts, while the intervention should
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be significant and substantial which can or have affected the interest of others. (PCGG v. Sandiganbayan, 455 SCRA 526 (2005)) On members of the legislature 1987 Constitution, Art. VI, Sec. 13. No member of legislature may accept an appointment in an office which he created or increased emoluments thereof.
law, and make reports and recommendations thereon. (Agabin) Senior citizens are not exempted from supporting the activities of the integrated bar. The senior citizen act does not exempt a lawyer from paying his annual dues to the IBP. Nor is the fact that one is practicing law albeit on a limited basis serve as an excuse for non-payment of dues. The payment of dues is an indispensable requisite to remain a member of the bar in good standing. Failure to pay ones dues translates to a failure to support the activities of the IBP. (Santos v. Llamas, 322 SCRA 529 (2000)) There is no rule permitting the exemption from payment of IBP dues for those who work in the government or for those who have left the country. The payment of dues is a necessary consequence for membership in the IBP. Payment of dues is compulsory, regardless of the lack of practice or the type of practice the member is engaged in. The fee is a condition sine qua non, imposed as a regulatory measure to raise funds in order to carry out the objectives of the bar. (Letter of Atty. Cecilio Arevalo, 458 SCRA 209 (2005)) Rule 7.01 - A lawyer shall be answerable for knowingly making a false statement or suppressing a material fact in connection with his application for admission to the bar. OBSERVANCE OF THE DUTIES AND RESPONSIBILITIES of a lawyer begins even as a law student. A students failure to live up to them may be a ground for SC to refuse admission to practice or for disbarment should SC learn later on about his/her transgressions. (Agpalo) The concealment of an attorney in his application to take the bar exams of the fact that he had been charged with or indicted for a particular crime is ground for revocation of his license to practice law. (Aguirre) A declaration in the application to take the bar that one is single when in fact one had contracted marriage prior to the application is a violation of [this rule] even if the marriage was believed to be void ab
III.Lawyers Duties Profession
to
the
Legal
Canon 7: Uphold Dignity and Integrity in the Profession Canon 8: Courtesy, Fairness, Candor Towards Professional Colleagues Canon 9: Unauthorized Practice of Law CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION AND SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR. The IBP is the national organization of lawyers, created on January 16, 1973 under Rule 139-A of the Rules of Court and constituted on May 4, 1973 into a corporate body by PD No. 181. Non-political in character and that there shall be neither lobbying nor campaigning in the choice of the IBP Officers. The spectacle of lawyers bribing or being bribed to vote did not uphold the honor of the profession nor elevate it in the publics esteem. (In Re: Election of the IBP, 178 SCRA 398 (1989)) Objectives: 1) Assist in the administration of justice 2) Foster and maintain on the part of its members high ideals of integrity, learning, professional competence, public service and conduct 3) Safeguard the professional interests of its members 4) Cultivate a spirit of cordiality and brotherhood 5) Provide a forum for the discussion of law, jurisprudence, law reform, pleading, practice and procedure and the relations of the bar 6) Encourage and foster legal education 7) Promote a continuing program of legal research in substantive and adjective
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initio and awaiting judicial declaration of nullity. (Leda v. Tabang, A.C. No. 2505, February 21, 1992) Rule 7.02 - A lawyer shall not support the application for admission to the bar of any person known by him to be unqualified in respect to character, education, or other relevant attribute. A lawyer should not readily execute an affidavit of good moral character in favor of an applicant who has not live up to the standard set by law. He should volunteer information or cooperate in any investigation concerning alleged anomaly in the bar examination. This is to help guard the profession from candidates who are unfit or unqualified. He should expose without fear or favor before the SC corrupt or dishonest conduct in the profession and should not hesitate to accept professional employment against a lawyer who has wronged his client. (Agpalo) Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor shall he, whether in public or private life, behave in a scandalous manner to the discredit of the legal profession. In a disbarment proceeding, it is immaterial that the complainant is aware of his marital status or that he was not caught in pari delicto because this is not a proceeding to grant relief to the complainant but one to purge the law profession of unworthy members, to protect the public and the court. Possession of good moral character is not only a condition precedent to admission to the legal profession, but its continued possession is essential to maintain ones good standing in the profession. (Zaguirre v. Castillo, 398 SCRA 659 (2003)) Being a member of the profession charges a lawyer with the responsibility to stand as a shield in the defense of what is right [and for] such positive qualities of decency, truthfulness and responsibility that have been compendiously described as moral character. (Tapucar v. Tapucar, A.C. No. 4148, July 30, 1998) CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS AND CANDOR TOWARDS HIS
PROFESSIONAL COLLEAGUES, AND SHALL AVOID HARASSING TACTICS AGAINST OPPOSING COUNSEL. Rule 8.01 - A lawyer shall not, in his professional dealings, use language which is abusive, offensive or otherwise improper. Any undue ill-feeling between clients should not influence counsels in their conduct and demeanor toward each other. While lawyers owe entire devotion to the interest of their clients, their office does not permit violation of the laws or any manner of fraud or chicanery. (Reyes v. Chiong, Jr., 405 SCRA 212) Rule 8.02 - A lawyer shall not, directly or indirectly, encroach upon the professional employment of another lawyer, however, it is the right of any lawyer, without fear or favor, to give proper advice and assistance to those seeking relief against unfaithful or neglectful counsel. When there is conflict of opinions between two lawyers jointly associated in a case, the client should decide. The decision should be accepted unless the nature of the difference makes it impracticable for the lawyer whose judgment has been overruled to cooperate effectively. In this event, it is his/her duty to ask client to relieve him/her. (Agpalo) Before taking over a case handled by a peer in the Bar, a lawyer is enjoined to obtain the conformity of the counsel whom he would substitute. And if this cannot be had then he should, at the very least, give notice to such lawyer of the contemplated substitution. (In re Clemente M. Soriano, G.R. No. L-24114, June 30, 1970) Related rule: Code of Professional Ethics, Canon 9. Counsel cannot negotiate, interview nor even correspond directly with opposite party, in the absence of opposing counsel. Although aware that the students were represented by counsel, respondent attorney proceeded nonetheless, to negotiate with them and their parents without at the very least communication to their lawyersThis failure whether by design or because of oversight is an inexcusable violation. (Camacho v.
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Pagulayan et al, A.C. No. 4807, March 22, 2000) CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN THE UNAUTHORIZED PRACTICE OF LAW. Merely passing the bar does not allow one to engage in the practice of law. Dispensing legal advice and signing of pleadings prior to taking the lawyers oath constitutes an unauthorized practice of law. It is the signing of the roll of attorneys that makes one a full-pledged lawyer. To practice law sans any authority shows a moral unfitness to be a member of the Philippine Bar. (Aguirre v. Rana, 403 SCRA 342 (2003)) Lawyers in government service are prohibited to engage, during their incumbency thereof, in the private practice of their profession unless authorized by the constitution or law and provided that such practice will not conflict or tend to conflict with their official functions. Private practice does not pertain to an isolated court appearance. It refers to a succession of acts of the same nature of habitually or customarily holding ones self to the public as a lawyer. (OCA v. Ladaga, 350 SCRA 326) NOTE: Private practice does not pertain to an isolated court appearance; rather, it contemplates a succession of acts of the same nature habitually or customarily holding ones self to the public as a lawyer. Thus, pro-bono appearances may be allowed by the Court in special instances. Rule 9.01 - A lawyer shall not delegate to any unqualified person the performance of any task which by law may only be performed by a member of the bar in good standing. A lawyer is prohibited from taking as partner or associate any person who is not authorized to practice law to appear in court or to sign pleadings. A lawyer, who is under suspension from practice of law is not a member of the Bar in good standing. A lawyer whose authority to practice has been withdrawn due to a change in citizenship or allegiance to the
country cannot appear before the courts. (Guballa v. Caguioa, 78 SCRA 302) Rule 9.02 - A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice law, except: a) Where there is a pre-existing agreement with a partner or associate that, upon the latter's death, money shall be paid over a reasonable period of time to his estate or to persons specified in the agreement b) Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or c) Where a lawyer or law firm includes non-lawyer employees in a retirement plan even if the plan is based in whole or in part, on a profit sharing agreement. Non-lawyers may appear before the NLRC or any labor arbiter. Granted that they acted as legal representatives, they are still not entitled to receive professional fees. The statutory rule that an attorney shall be entitled to have and recover from his client a reasonable compensation or remuneration for the services they have rendered presupposes the existence of an attorney-client relationship. Such a relationship cannot, however, exist when the clients representative is a non-lawyer. (Five J Taxi v. NLRC, 235 SCRA 556)
IV. Lawyers Duties to the Courts

Canon 10: Observe Candor, Fairness and Good Faith Canon 11: Respect Courts and Judicial Officers Canon 12: Assist in Speedy and Efficient Administration of Justice Canon 13: Refrain from Act Giving Appearance of Influence CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT. A counsels assertiveness to espouse with candor and honesty his clients cause is indeed laudable and commendatory. His insistence to pursue his clients position despite its patent futility should not, however, be countenanced. It is the duty of a counsel to advise his client, a layman, of
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the complexities of the law as well as the merit or lack thereof of his clients case. Upholding the cause of justice is superior to a lawyers duty to his client. (Cobb Perez v. Lantin, 24 SCRA 291 (1968)) The oath to which all lawyers have solemnly subscribed to is not merely a ceremony or formality that can afterwards be dispensed with at ones whim or pleasure. It is a sacred trust that lawyers must uphold and keep inviolable. A lawyer should not allow himself to become an instrument in the perpetration of fraud nor should he allow anyone to deceive the court. (Ting Umali v. Torres, 427 SCRA 108 (2004)) Rule 10.01 - A lawyer shall not do any falsehood, nor consent to the doing of any in Court, nor shall he mislead or allow the Court to be misled by an artifice. A lawyer should not conceal the truth from the court, nor mislead the court in any manner no matter how demanding his duties to clients may be. (Agpalo) RATIONALE: The burden cast on the judiciary would be intolerable if it could not take at face value what is asserted by counsel. The time that will have to be devoted just to the task of verification of allegations submitted could easily be imagined. Even with due recognition then that counsel is expected to display the utmost zeal in defense of a clients cause, it must never be at the expense of deviation from the truth. (Muoz v. People, 53 SCRA 190) A lawyer must be a disciple of truth. He swore upon his admission to the bar that he will do no falsehood nor consent to the doing of any in court and he shall conduct himself as a lawyer according to the best of his knowledge and discretion with all good fidelity as well to the courts as to his clients. (Young v. Batuegas, 403 SCRA 123 (2003)) Though his explanation appears to be a mere afterthought there is the assumption of good faith in favor of respondent. Moreover, judging from the awkwardlyworded petition and even his compliance quite indicative of either carelessness or lack of proficiency in the handling of the English language, it isnt unreasonable to assume that his deficiency in the mode of expression contributed to the inaccuracy of
his statements. Every member of the bar should realize that candor in the dealings with the court is the very essence of honorable membership in the profession. (Cuaresma v. Daguis, 63 SCRA 257 (1975)) Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the contents of a paper, the language or the argument of opposing counsel, or the text of a decision or authority, or knowingly cite as law a provision already rendered inoperative by repeal or amendment, or assert as a fact that which has not been proved. The Court believes it is more a result of clerical ineptitude than deliberate attempt to mislead. The Companies have the prima facie right to rely on the quotation as it appears on respondent judges decision. However, the Court articulates its firm view that in citing this Courts decision and rulings, it is the bounden duty of courts, judges and lawyers to reproduce or copy the same word-for-word and punctuation mark-for-punctuation mark. Only from this Tribunals decisions and rulings do all other courts, as well as lawyers and litigants, take their bearings. Ever present is the danger that if not faithfully and exactly quoted, the decisions and rulings of this Court may lose their proper and correct meaning. (Insular Life Employees Co. v. Insular Life Association, 37 SCRA 1 (1970)) Rule 10.03 - A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice. Related statutory basis: Rule 138, Sec. 20(d) Duties of attorneys. It is the duty of an attorney (d) to employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor, and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact of law. Procedural rules are instruments in the speedy and efficient administration of justice. They should not be used to derail such ends. They should not misuse them, as by filing multiple petitions regarding the same cause of action or by deliberately misreading the law to seek a reopening of a case long decided. (Agpalo)
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CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE TO THE COURTS AND JUDICIAL OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT BY OTHERS. Rule 11.01 - A lawyer shall appear in court properly attired. Respect begins with the lawyers outward physical appearance in court. Sloppy or informal attire adversely reflects on the lawyer and demeans the dignity and solemnity of court proceedings. (Agpalo) TRADITIONAL ATTIRES: Males: Long-sleeve Barong Tagalog or coat and tie Females: Semi-formal attires. Judges also appear in the same attire in addition to black robes. Courts have ordered a male attorney to wear a necktie and have prohibited a female attorney from wearing a hat. However, the permission of a dress whose hemline was five inches above the knee was held to be acceptable as such had become an accepted mode of dress even in places of worship. (Aguirre) Rule 11.02 - A lawyer shall punctually appear at court hearings. Inexcusable absence from, or repeated tardiness in, attending a pre-trial or hearing may subject the lawyer to disciplinary action as his actions showing disrespect to the court make him guilty of contemptuous behavior. (Agpalo) Non-appearance at hearings on the ground that the issue to be heard has become moot and academic [prisoner has been released in a petition for habeas corpus] is a lapse in judicial propriety. (De Gracia v. Warden of Makati, G.R. No. L-42032, January 9, 1976) Rule 11.03 - A lawyer shall abstain from scandalous, offensive or menacing language or behavior before the courts. The language of a lawyer, both oral and written, must be respectful and restrained in keeping with the dignity of the legal profession and with his behavioral attitude toward his brethren in the profession. The use of abusive language by counsel against the opposing counsel constitutes
at the same time a disrespect to the dignity of the court justice. Moreover, the use of impassioned language in pleadings, more often than not, creates more heat than light. (Buenaseda v. Flavier, 226 SCRA 645 (1993)) Lawyers have the right to expose the shortcomings and indiscretion of the courts and judges, but it must be exercised in properly respectful terms and only through legitimate channels. They cannot resort to scurrilous remarks that have the tendency to degrade the courts and destroy the public confidence in them. (In re Almacen, 31 SCRA 562) The Court does not close itself to comments and criticisms so long as they are fair and dignified. Going beyond the limits of fair comments by using insulting, disparaging and, intemperate language necessitates and warrants a rebuke from the Court. While it is expected of lawyers to advocate their clients cause, they are not at liberty to resort to arrogance, intimidation and innuendo. (Sangalang v. IAC, 177 SCRA 87) Rule 11.04 - A lawyer shall not attribute to a Judge motives not supported by the record or have no materiality to the case. The rule allows such criticism so long as it is supported by the record or it is material to the case. A lawyers right to criticize the acts of courts and judges in a proper and respectful way and through legitimate channels is well recognized. The cardinal condition of all such criticism is that it shall be bona fide, and shall not spill over the wall of decency and propriety. (Agpalo) The court will not hesitate to sanction persons who recklessly and nonchalantly impute ill motives that are nothing but unfounded speculations. Any serious accusation against a judicial officer that is utterly baseless, unsubstantiated and unjustified shall not be countenanced. (Go v. Abrogar, 485 SCRA 457) Rule 11.05 - A lawyer shall submit grievances against a Judge to the proper authorities only. Statutory basis: 1987 Constitution, Art. VIII, Sec. 6. The Supreme Court shall have
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administrative supervision over all courts and the personnel thereof. The duty to respect does not preclude a lawyer from filing administrative complaints against erring judges, or from acting as counsel for clients who have legitimate grievances against them. The lawyer shall not file an administrative case until he has exhausted judicial remedies which result in a finding that the judge has gravely erred. (Agpalo) Where a criminal complaint against a judge or other court employees arises from their administrative duties, the Ombudsman must defer action on said complaint and refer the same to the SC for determination whether said judges or court employees acted within the scope of their administrative duties. Otherwise, in the absence of any administrative action, the investigation being conducted by the Ombudsman encroaches into the Courts power of administrative supervision over all courts and its personnel, in violation of the doctrine of separation of powers. (Maceda v. Vasquez, 221 SCRA 464 (1993)) CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE. Statutory basis: 1987 Constitution, Art. III, Sec 6. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. Rule 138, Sec 20(g). Duties of attorneys. It is the duty of an attorney g) not to encourage either the commencement or the continuance of an action or proceeding, or delay any mans cause, from any corrupt motive or interest. Rule 12.01 - A lawyer shall not appear for trial unless he has adequately prepared himself on the law and the facts of his case, the evidence he will adduce. Without adequate preparation, the lawyer may not be able to effectively assist the court in the efficient administration of justice. Non-observance of this rule might result in:
o o
The postponement of the pre-trial or hearing, which would thus entail delay in the early disposition of the case The judge may consider the client nonsuited or in default The judge may consider the case deemed submitted for decision without clients evidence, to his prejudice. (Agpalo)
Half of the work of the lawyer is done in the office. It is spent in the study and research. Inadequate preparation obstructs the administration of justice. (Martins Legal Ethics, p. 47, 1988 ed.) A newly hired counsel who appears in a case in the midstream is presumed and obliged to acquaint himself with all the antecedent processes and proceedings that have transpired in the record prior to his takeover. (Villasis v. Court of Appeals, 60 SCRA 120) Rule 12.02 - A lawyer shall not file multiple actions arising from the same cause. RATIONALE: There is an affirmative duty of a lawyer to check against useless litigations. His signature in every pleading constitutes a certificate by him that to the best of his knowledge there is a good ground to support it and that it is not to interpose for delay. The willful violation of this rule may subject him to (1) appropriate disciplinary action or (2) render him liable for the costs of litigation. (Agpalo)
FORUM SHOPPING 1. Going from one court to another in the hope of securing a favorable relief in one court, which another court has denied 2. Filing repetitious suits or proceeding in different courts concerning the same subject matter after one court has decided the suit with finality. 3. Filing a similar case in a judicial court after receiving an unfavorable judgment from an administrative tribunal. Forum shopping is prohibited by Supreme Court Circular No. 28-91, which is now integrated in the Rules of Civil Procedure.
RULES OF COURT, RULE 7, SEC. 5: The plaintiff or principal party shall certify under oath in the complaining or other initiatory pleading asserting a claim for relief, or in a sworn certification annexed
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thereto and simultaneously filed therewith that: 1. he has not theretofore commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of his knowledge, no such other action or claim is pending therein; if there is such other pending action or claim, a complete statement of the present status thereof; and 2. if he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report that fact within five days there from to the court wherein his aforesaid complaint or initiatory pleading has been filed. Failure to comply with the foregoing requirements shall not be curable by mere amendment of the complaint or other initiatory pleading but shall cause for the dismissal of the case without prejudice, unless otherwise provided, upon motion after hearing. The submission of a false certification or non-compliance with any of the undertakings in a certification of no forum shopping 1) shall constitute indirect contempt of court 2) without prejudice to the corresponding administrative and criminal actions If the acts of the party or his counsel clearly constitute willful and deliberate forum shopping, the same shall be: 1) ground for summary dismissal with prejudice; 2) and shall constitute direct contempt; 3) cause for administrative sanctions Rule 12.03 - A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda or briefs, let the period lapse without submitting to the same or offering an explanation for his failure to do so. The court censures the practice of counsels who secures repeated extensions of time to file their pleadings and thereafter simply let the period lapse without submitting the pleading on even an explanation or manifestation of their failure to do so. There exists a breach of duty not only to
the court but also to the client. (Achacoso v. Court of Appeals, 51 SCRA 424) Rule 12.04 - A lawyer shall not unduly delay a case, impede the execution of a judgment or misuse Court processes. It is one thing to exert to the utmost ones ability to protect the interest of ones client. It is quite another thing to delay if not defeat the recovery of what is justly due and demandable due to the misleading acts of a lawyer. (Manila Pest Control v. WCC, 25 SCRA 700, 1968) A judge should be quick enough to prevent a lawyer from resorting to dilatory tactics which obstruct the administration of justice. (People v. Jardin, 124 SCRA 167) Rule 12.05 - A lawyer shall refrain from talking to his witness during a break or recess in the trial, while the witness is still under examination. RATIONALE: Purpose is to prevent the suspicion that he is coaching the witness what to say during the resumption of the examination; to uphold and maintain fair play with the other party and to prevent the examining lawyer from being tempted to coach his own witness to suit his purpose. (Callanta) Rule 12.06 - A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate another. CRIMINAL LIABILITY Art. 184, Revised Penal Code The lawyer who presented a witness knowing him to be a false witness is criminally liable for Offering False Testimony In Evidence. The lawyer is both criminally and administratively liable. SUBORNATION OF PERJURY Subornation of perjury is committed by a person who knowingly and willfully procures another to swear falsely and the witness subornated does testify under circumstances rendering him guilty of perjury. (US v. Ballena, 18 Phil. 382) Rule 12.07 - A lawyer shall not abuse, browbeat or harass a witness nor needlessly inconvenience him.
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Related statutory basis: Rule 132, Sec. 3. Rights and obligations of a witness. A witness must answer questions, although his answer may tend to establish a claim against him. However, it is the right of a witness: o To be protected from irrelevant, improper, or insulting questions, and from harsh or insulting demeanor; Not to be detained longer than the interests of justice require; Not to be examined except only as to matters pertinent to the issue; Not to give an answer which will tend to subject him to a penalty for an offense unless otherwise provided by law; or Not to give an answer which will tend to degrade his reputation, unless it be to the very fact at issue or to a fact from which the fact in issue would be presumed. But a witness must answer to the fact of his previous conviction for an offense.
CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND REFRAIN FROM ANY IMPROPRIETY WHICH TENDS TO INFLUENCE, OR GIVES THE APPEARANCE OF INFLUENCING THE COURT. Grievances must be coursed through the proper channels in keeping with the respect due to the Courts as impartial administrators of justice entitled to proceed to the disposition of its business in an orderly manner, free from outside interference obstructive of its functions. Although the freedom of speech and of assembly are fundamental rights protected by the Constitution, any attempt to influence the courts through the exercise of those rights would not be within the ambit of such protection. (Nestle Phil v. Sanchez, 154 SCRA 542 (1987)) Rule 13.01 - A lawyer shall not extend extraordinary attention or hospitality to, nor seek opportunity for cultivating familiarity with Judges. Related statutory basis: Code of Professional Ethics, Canon 3. A lawyer should avoid marked attention and unusual hospitality to a judge, uncalled for by the personal relations of the parties, because they subject him and the judge to misconceptions of motives. Report of IBP Committee, p. 70. In order not to subject both the judge and the lawyer to suspicion, the common practice of some lawyers of making judges and prosecutors godfathers of their children to enhance their influence and their law practice should be avoided by judges and lawyers alike. It is improper for a litigant or counsel to see a judge in chambers and talk to him about a matter related to the case pending in the court of said judge. (Austria v. Masaquel, 20 SCRA 1247) Rule 13.02 - A lawyer shall not make public statements in the media regarding a pending case tending to arouse public opinion for or against a party. RATIONALE: Newspaper publications regarding a pending or anticipated litigation may
o o o
Rule 12.08 - A lawyer shall avoid testifying in behalf of his client, except: (a) on formal matters, such as the mailing, authentication or custody of an instrument, and the like; or (b) on substantial matters, in cases where his testimony is essential to the ends of justice, in which event he must, during his testimony, entrust the trial of the case to another counsel. RATIONALE: The underlying reason for the impropriety of a lawyer acting in such dual capacity lies in the difference between the function of a witness and that of an advocate. The function of a witness is to tell the facts as he recalls then in answer to questions. The function of an advocate is that of a partisan. It is difficult to distinguish between the zeal of an advocate and the fairness and impartiality of a disinterested witness (Agpalo) Canon 19 of the Code of Legal Ethics provides that when a lawyer is a witness for his client, except as to merely formal matters. Such as the attestation or custody of an instrument and the like, he should leave the trial of the case to other counsel. Except when essential to the ends of justice, a lawyer should avoid testifying in court in behalf of his client. (PNB v. Uy Teng Piao, 57 Phil 337 (1932))
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interfere with a fair trial, prejudice the administration of justice, or subject a respondent or a accused to a trial by publicity and create a public inference of guilt against him (Agpalo) It is bad enough to have such undue publicity when a criminal case is being investigated by the authorities, even when it is being tried in court; but when said publicity is encouraged when the case is on appeal and is pending consideration by this court, the whole thing becomes inexcusable, even abhorrent. (Cruz v. Salva, 105 Phil 1151 (1951)) Rule 13.03 - A lawyer shall not brook or invite interference by another branch or agency of the government in the normal course of judicial proceedings. BASIS: The principle (Aguirre)
v. Sandiganbayan, G.R. No. 105938, September 20, 1996) Character: Strictly personal Highly confidential Fiduciary Creation: Oral when without written agreement, but the conditions and amount of attorneys fee are agreed upon Express when the terms and conditions including the amount of fee, are explicitly stipulated in a written document which may be private or public. Written contract is the law between the lawyer and the client. Implied when there is neither oral nor express, but the client allowed the lawyer to render legal services not intended to be gratuitous without objection, and the client is benefited Formality is not an essential requirement of the employment of an attorney. The absence of a written contract will not preclude a finding that there is a professional relationship.
RETAINER May refer to two concepts. It may refer to the act of a client by which engages the services of the attorney to render legal advice, or to defend or prosecute his cause in court. A general retainer is one the purpose of which is to secure before hand the services of an attorney for any legal problem that may afterward arise. A special retainer has reference to a particular case or service. Retainer fee The word retainer may also refer to the fee which a client pays to an attorney when the latter is retained known as retaining fee. A retaining fee is a preliminary fee paid to insure and secure his future services, to remunerate him for being deprived, by being retained by one party, of the opportunity of rendering services to the other party and of receiving pay from him, and the payment of such fee, in the absence of an agreement on the contrary, is neither made nor received in consideration of the services contemplated. It is apart from what the client has agreed to pay for the services which he has retained him to perform. Its purpose is to prevent undue hardship on the part of the attorney resulting
of
separation
of
powers
Related rule: Rule 11.05. A lawyer shall submit grievances against a Judge to the proper authorities only.
V. Lawyers Duties to the Client

Canon 14: Service to the Needy Canon 15: Observe Candor, Fairness, Loyalty Canon 16: Hold in Trust Clients Moneys and Properties Canon 17: Trust and Confidence Canon 18: Competence and Diligence Canon 19: Representation with Zeal Canon 20: Attorneys Fees Canon 21: Preserve Clients Confidence Canon 22: Withdrawal of Services for Good Cause The nature of lawyer-client relationship is premised on the Roman Law concepts of: 1) location conduction operarum (contract of lease and services) where one person lends his services and another hires them without reference to the object of which the services are to be performed, wherein lawyers services may be compensated by honorarium 2) mandato (contract of agency) wherein a friend on whom reliance could be placed makes a contract in his name, but gives up all that he gained by the contract to the person who requested him. (Regala
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from the rigid observance of the rule forbidding him from acting as counsel for the other party has been retained by or has given professional advice to the opposite party.
Who may be appointed: 1) a member of the bar in good standing 2) in localities without lawyers, any person of good repute for probity and ability P.D. 543 (1974) authorized the designation of municipal judges and lawyers in any branch of the government service to act as counsel de oficio for the accused who are indigent in places where there are no available practicing lawyers. Appointed by court depending on: o the gravity of the offense o the difficulty of the questions that may arise o the experience and ability of the appointee. AMICUS CURIAE A friend of the court; a bystander usually a counselor who interposes or volunteers information upon some matter of law in regard to which the judge is doubtful or mistaken. (Agpalo) Experienced and impartial attorneys invited by the Court to help in the disposition of issues submitted to it.
CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY. Rule 14.01 - A lawyer shall not decline to represent a person solely on account of the latters race, sex, creed or status of life, or because of his own opinion regarding the guilt of said person. Related rule: Rule 138, Sec. 20 (i), Duties of attorneys. In the defense of a person accused of a crime, by all fair and honorable means, regardless of his personal opinion as to the guilt of the accused, to present every defense that the law permits, to the end that no person may be deprived of life, liberty, or property. Rule 14.02 - A lawyer shall not decline, except for serious and sufficient cause, an appointment as counsel de oficio or as amici curiae, or a request from the Integrated Bar of the Philippines or any of its chapters for rendition of free legal aid. Related rule: Rule 2.01. A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed. Rule 138, Sec. 20 (h), Duties of attorneys. It is the duty of an attorneynever to reject, for any consideration personal to himself, the cause of the defenseless or oppressed; Rule 138, Sec. 31 Attorneys for destitute litigants. A court may assign an attorney to render professional aid free of charge to any party in a case, if upon investigation it appears that the party is destitute and unable to employ an attorney, and that the services of counsel are necessary to secure the ends of justice and to protect the rights of the party. It shall be the duty of the attorney so assigned to render the required service, unless he is excused therefrom by the court for sufficient cause shown.
COUNSEL DE OFICIO A counsel, appointed or assigned by the court, from among such members of the bar in good standing who by reason of their experience and ability, may adequately defend the accused.
Rule 14.03 - A lawyer may refuse to accept representation of an indigent client if: a) he is not in a position to carry out the work effectively or competently b) he labors under a conflict of interests between him and the prospective client or between a present client and the prospective client. For he did betray by his moves his lack of enthusiasm for the task entrusted to him, to put matters mildly. He did point though to his responsibility as an election registrar [but] there is not likely at present, and in the immediate future, an exorbitant demand on his time. It may likewise be assumed, considering what has been set forth above, that petitioner would exert himself sufficiently to perform his task as defense counsel with competence, if not with zeal, if only to erase doubts as to his fitness to remain a member of the profession in good standing. (Ledesma v. Climaco, 57 SCRA 473 (1974)) Rule 14.04 - A lawyer who accepts the cause of a person unable to pay his professional fees shall observe the same standard of conduct governing his relations with paying clients. If a lawyer volunteers his services to a client, and therefore not entitled to attorneys fees, nevertheless, he is bound to attend to a clients case with
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all due diligence and zeal. By volunteering his services, he has established a clientlawyer relationship. (Blanza v. Arcangel, 21 SCRA 1) CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS. Rule 15.01 - A lawyer, in conferring with a prospective client, shall ascertain as soon as practicable whether the matter would involve a conflict with another client or his own interest, and if so, shall forthwith inform the prospective client. Rule 15.02 - A lawyer shall be bound by the rule on privileged communication in respect of matters disclosed to him by a prospective client. Related statutory basis: Revised Penal Code, Art. 209. Betrayal of trust by an attorney. or solicitor. - Revelation of Secrets. In addition to the proper administrative action x x x shall be imposed upon an attorney-at-law or solicitor (procurador judicial) who, by any malicious breach of professional duty or of inexcusable negligence or ignorance, shall prejudice his client, or reveal any of the secrets of the latter learned by him in his professional capacity. PRIVILEGED COMMUNICATION - An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him or his advice given thereon in the course of professional employment; nor can an attorneys secretary, stenographer, or clerk be examined, without the consent of the client and his employer, concerning any fact the knowledge of which has been acquired in such capacity. Requisites of Privileged Communication (Rule 130, Section 24 (b) of the RRC): 1) There is an attorney-client relationship or a kind of consultancy requirement with a prospective client; 2) The communication was made by the client to the lawyer in the course of the lawyers professional employment; 3) The communication must be intended to be confidential.
Exceptions to privilege (Aguirre): 1) When a lawyer is accused by the client and he needs to reveal information to defend himself 2) When the client discloses the intention to commit a crime or unlawful act. (Future crime) Doctrine of imputed knowledge is based on the assumption that an attorney, who has notice of matter affecting his client, has communicated the same to his principal in the course of professional dealings. The doctrine applies regardless of whether or not the lawyer actually communicated to the client what he learned in his professional capacity, the attorney and his client being one judicial person. For attorney-client privilege to apply, however, the period to be considered is the date when the privileged communication was made by the client to the attorney in relation to either a crime committed in the past or with respect to a crime intended to be committed in the future (if past, privilege applies; if future, does not apply). In order that a communication between a lawyer and his client be privileged, it must be for a lawful purpose or in the furtherance of a lawful end. (People v. Sandiganbayan, 275 SCRA 505 (1996)) Rule 15.03 - A lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of the facts. GENERAL RULE 1: A lawyer may not represent two opposing parties at any point in time. A lawyer need not be the counsel-of-record of either party. He does not have to publicly hold himself as the counsel of the adverse party nor make efforts to advance the adverse partys conflicting interests of record. It is enough that the counsel had a hand in the preparation of the pleading of one party. EXCEPTION: When the parties agree, and for amicable settlement (Agpalo)
CONFLICT OF INTEREST There is duty to contend for that which duty to another client requires him to oppose. Tests to determine conflict of interest 1) When there are conflicting duties
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2) 3)
When the acceptance of the new relations invites or actually lead to unfaithfulness or double-dealing to another client When the attorney will be called upon to use against his first client any knowledge acquired in the previous employment
confidences. (Regala v. 262 SCRA 122 (1996))
Sandiganbayan,
NOTE: The test to determine whether there is a conflict of interest in the representation is probability, not certainty of conflict Effects of representing adverse interests 1) Disqualification as counsel on new case 2) If prejudicial to interests of latter client, a judgment against may be set aside 3) Administrative and criminal (for betrayal of trust) liability 4) Fees may not be paid
Rule 15.04 - A lawyer may, with the written consent of all concerned, act as mediator, conciliator or arbitrator in settling disputes. An attorneys knowledge of the law and his reputation for fidelity may make it easy for the disputants to settle their differences amicably. However, he shall not act as counsel for any of them. (Agpalo) Rule 15.05 - A lawyer when advising his client shall give a candid and honest opinion on the merits and probable results of the clients case, neither overstating nor understanding the prospects of the case. Related statutory basis: Code of Professional Ethics, Canon 8. Before answering his clients question, a lawyer should endeavor to obtain full knowledge of his clients cause. It is only after he shall have studied the case that he should advise his client on the matter. A lawyer is bound to give candid and honest opinion on the merit or lack of merit of clients case, neither overstating nor understating the prospect of the case. He should also give an honest opinion as to the probable results of the case, with the end in view of promoting respect for the law and the legal processes. (Agpalo) Rule 15.06 - A lawyer shall not state or imply that he is able to influence any public official, tribunal or legislative body. This rule protects against influence peddling. Some prospective clients secure the services of a particular lawyer or law firm precisely because he can exert a lot of influence on a judge and some lawyers exact big fees for such influence (Agpalo) Rule 15.07 - A lawyer shall impress upon his client compliance with the laws and the principles of fairness. Related statutory basis: Civil Code, Art. 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due and observe honesty and good faith.
GENERAL RULE 2: A lawyer must name the identity of all his clients, when so demanded. o The Court has a right to know that the client whose privileged information is sought to be protected is flesh and blood. The mantle of privileged communication begins to exist only after the attorneyclient relationship has been established. The privilege does not attach until there is a client. The privilege pertains to the subject matter of the relationship. Due process considerations require that the opposing party should know his adversary. (Metaphor: He cannot be obliged to grope in the dark against unknown forces.)
o o
EXCEPTION: He may refuse to divulge the name or identity of his client 1) Where a strong probability exists that revealing the clients name would implicate the client in the very activity for which he sought the lawyers advice. 2) Where disclosure would open the client to civil liability. 3) Where the governments lawyers have no case against an attorneys client unless by revealing the clients name, i.e., the said name would furnish the only link that would form the chain of testimony necessary to convict an individual of a crime. Information relating to the identity of the client may fall within the ambit of the privilege when the clients name itself has an independent significance, such that disclosure would then reveal client
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Rule 15.08 - A lawyer who is engaged in another profession or occupation concurrently with the practice of law shall make clear to his client whether he is acting as a lawyer or in another capacity. GENERAL RULE: Exercise of dual profession is not prohibited but a lawyer must make it clear when he is acting as a lawyer and when he is otherwise, especially in occupations related to the practice of law. Reason: certain ethical considerations may be operative in one profession and not in the other. (Agpalo) A lawyer is not barred from dealing with his client but the business transaction must be characterized with utmost honesty and good faith. Business transactions between an attorney and his client are disfavored and discouraged by policy of law because by virtue of a lawyers office, he is an easy position to take advantage of the credulity and ignorance of his client. Thus, there is no presumption of innocence or improbability of wrongdoing in favor of lawyers. (Nakpil v. Valdez, 286 SCRA 758 (1998)) CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS POSSESSION. Related statutory basis: Civil Code, Art. 1491. The following persons cannot acquire or purchase, even at public or judicial auction, either in person or through the mediation of another (5) lawyers, with respect to the property and rights which may be the object of any litigation in which they take part by virtue of their profession. o o o o Attorney-client relationship Property or interest is in litigation Attorney takes part as counsel in the case Purchase, acquisition by attorney, by himself or through another, during pendency of litigation
[T]he purchase by a lawyer of the property in litigation from his client is categorically prohibited by Article 1491, paragraph (5) of the Philippine Civil Code, and that consequently, plaintiff's purchase of the property in litigation from his client (assuming that his client could sell the same since as already shown above, his client's claim to the property was defeated and rejected) was void and could produce no legal effect, by virtue of Article 1409, paragraph (7) of our Civil Code which provides that contracts expressly prohibited or declared void by law' are "inexistent and that (T)hese contracts cannot be ratified. Neither can the right to set up the defense of illegality be waived. x x x Article 1491 of our Civil Code (like Article 1459 of the Spanish Civil Code) prohibits in its six paragraphs certain persons, by reason of the relation of trust or their peculiar control over the property (Rubias v. Batiller, G.R. No. L35702 May 29, 1973) Art.1491 is not applicable: 1) When attorney is not counsel in case involving the same property at the time of acquisition. 2) When purchaser is a corporation, even if the attorney was an officer (Tuazon v. Tuazon, 88 Phil. 42) 3) When sale took place after termination of litigation, except if there was fraud or abuse of confidential information or where lawyer exercised undue influence. 4) Where property in question is stipulated as part of attorneys fees, provided that, the same is contingent upon the favorable outcome of litigation and, provided further, that the fee must be reasonable. Rule 16.01 - A lawyer shall account for all money or property collected or received for or from the client. A lawyer, under his oath, pledges himself not to delay any man for money or malice and is bound to conduct himself with all good fidelity to his clients. He is obligated to report promptly the money of his clients that has come into his possession (otherwise a violation of Sec. 25, Rule 138 of ROC). He should not commingle it without his clients consent. He should maintain a reputation for honesty and fidelity to private trust. The fact that a lawyer has a lien for fees on money in his
PROHIBITION INCLUDES MORTGAGE OF PROPERTY IN LITIGATION to the lawyer. In this case, acquisition is merely postponed until foreclosure but effect is the same. It also includes assignment of property (Ordonio v. Eduarte, 207 SCRA 229)
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hands would not relieve him from the duty of promptly accounting for the funds received. (Daroy v. Legaspi (1975)) Rule 16.02 - A lawyer shall keep the funds of each client separate and apart from his own and those of others kept by him. Rule 16.03 - A lawyer shall deliver the funds and property to his client when due or upon demand. However, o he shall have a lien over the funds and o may apply so much thereof as may be necessary to satisfy his lawful fees and disbursements, o giving notice promptly thereafter to his client. He shall also have a lien to the same extent on all judgments and executions he has secured for his client as provided for in the Rules of Court. Related statutory basis: Rule 138, Sec. 37. Attorneys liens. An 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 his lawful fees and disbursements have been paid, and may apply such funds to the satisfaction thereof. Money collected by a lawyer in pursuance of a judgment in favor of his clients is held in trust and must be immediately turned over to them. (Businos v. Ricafort, 283 SCRA 40 (1997))
CHARGING LIEN An equitable right to have the fees and lawful disbursements due a lawyer for his services, secured to him out of a money judgment. Requisites for validity 1) attorney-client relationship 2) lawful possession by lawyer of the clients funds, documents and papers in his professional capacity 3) unsatisfied claim for attorneys fees or disbursements RETAINING LIEN A right merely to retain the funds, documents and papers of his client which have lawfully come into his possession and may retain the same until his lawful fees and disbursements have been paid. Requisites for validity 1) attorney-client relationship 2) attorney has rendered services 3) money judgment favorable to the client has been secured in the action
4) 5)
attorney has a claim for attorneys fees or advances statement of his claim has been duly recorded in the case with notice thereof served upon the client and adverse party RETAINING Passive lien. It cannot be actively enforced. It is a general lien. Lawful possession of funds, papers, documents, property belonging to client Covers only funds, papers, documents, and property in the lawful possession of the attorney by reason of his professional employment As soon as the lawyer gets possession of the funds, papers, documents, property Client need not be notified to make it effective May exercised before judgment execution, regardless thereof be or or CHARGING Active lien. It can be enforced by execution. It is a special lien. Securing of a favorable money judgment for client Covers all judgments for the payment of money and executions issued in pursuance of such judgment
Nature
Basis
Coverage
Effectivity
Notice
Applicability
As soon as the claim for attorneys fees had been entered into the records of the case Client and adverse party need to notified to make it effective Generally, it is exercisable only when the attorney had already secured a favorable judgment for his client
Rule 16.04 - A lawyer shall not borrow money from his client unless the clients interests are fully protected by the nature of the case or by independent advice. Neither shall a lawyer lend money to a client except when, in the interest of justice, he has to advance necessary expenses in a legal matter he is handling for the client.
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The relation of attorney and client is highly fiduciary in nature and is of a very delicate, exacting and confidential character. A lawyer is duty-bound to observe candor, fairness and loyalty in all his dealings and transactions with his clients. The profession, therefore, demands of an attorney an absolute abdication of every personal advantage conflicting in any way, directly or indirectly, with the interest of his client. (Barnachea v. Quicho, 399 SCRA 1 (2003)) CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM. When a lawyer takes a clients cause, he thereby covenants that he will exert all effort for its protection until its final conclusion. The failure to exercise due diligence and the abandonment of a clients cause make such a lawyer unworthy of the trust which the client has reposed on him. (Cantilller v. Potenciano, 180 SCRA 246 (1989)) No lawyer is obliged to act either as adviser or advocate for every person who may wish to become his client. He has the right to decline employment, except as prescribed in Canon 14 of the Code of Professional Responsibility. But once he agrees to take up the cause of the clientNo fear or judicial disfavor or public unpopularity should restrain him from the full discharge of his duty. (Santiago v. Fojas, 248 SCRA 68 (1995)) CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND DILIGENCE. Rule 18.01 - A lawyer shall not undertake a legal service which he knows or should know that he is not qualified to render. However he may render such service if, with the consent of his client, he can obtain as collaborating counsel a lawyer who is competent on the matter. When a lawyer accepts a case, whether for a fee or not, his acceptance is an implied representation: 1) that he possess the requisite degree of academic learning, skill and ability in the practice of his profession;
2) that he will exert his best judgment in the prosecution or defense of the litigation entrusted to him; 3) that he will exercise reasonable and ordinary care and diligence in the pursuit or defense of the case; and 4) that he will take steps as will adequately safeguard his clients interests. (Islas v. Platon, 47 Phil. 162) However well meaning he may be, a lawyer cannot ask another lawyer to collaborate with him in a particular case without the consent of the client. The fiduciary nature of attorney-client relationship prohibits this. (Aguirre) Some cases involve specialized fields of law and require special training. A lawyer should not accept an undertaking in specific area of law which he knows or should know he is not qualified to enter. (Agpalo) Rule 18.02 - A lawyer shall not handle any legal matter without adequate preparation. Lawyer should safeguard his clients rights and interests by thorough study and preparation; mastering applicable law and facts involved in a case, regardless of the nature of the assignment; and keeping constantly abreast of the latest jurisprudence and developments in all branches of the law. (Agpalo) A lawyer should give adequate attention, care and time to his cases. This is the reason why a practicing lawyer should accept only so many cases he can handle. Once he agrees to handle a case, he should undertake the task with dedication and care. If he should do any less then he is not true to his oath as a lawyer. (Legarda v. CA, G. R. No. 94457, March 18, 1991) Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection therewith shall render him liable. If by reason of the lawyers negligence, actual loss has been caused to his client, the latter has a cause of action against him for damages. However, for the lawyer to be held liable, his failure to exercise reasonable care, skill and diligence must be proximate cause of the loss. (Callanta)
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Lawyers Negligence GENERAL RULE: Client is bound by attorneys conduct, negligence and mistake in handling case or in management of litigation and in procedural technique, and he cannot be heard to complain that result might have been different had his lawyer proceeded differently. EXCEPTIONS: 1) Where it results in outright deprivation of clients liberty or property or where interest of justice so requires 2) Where error by counsel is purely technical which does not affect substantially clients cause 3) Ignorance, incompetence or inexperience of lawyer is so great and error so serious that client, who has good cause is prejudiced and denied a day in court 4) Gross negligence of lawyer 5) Lack of acquaintance with technical part of procedure. Examples of negligence of attorneys: o Failure of counsel to ask for additional time to answer a complaint resulting in a default judgment against his client (Mapua v. Mendoza, 45 Phil. 424). o Failure to bring suit immediately. When the belated suit was filed, the defendant had already become insolvent and recovery could no longer be had. The lawyer was declared liable to the client (Filinvest Land v. CA, 182 SCRA 664). o Failure to ascertain date of receipt from post office of notice of decision resulting in the non-perfection of the appellants appeal (Joven-De Jesus v. PNB, 12 SCRA 447). o Failure to file briefs within the reglementary period (People v. Cawili, 34 SCRA 728). o Failure to attend to trial without filing a motion for postponement or without requesting either of his two partners in the law office to take his place and appear for the defendants (Gaerlan v. Bernal, G.R. No. L-4049, Jan. 28, 1952). Failure to appear at pre-trial (Agravante v. Patriarca, 183 SCRA 113). o Failure of counsel to notify clients of the scheduled trial which prevented the latter to look to another lawyer to represent them while counsel was in the hospital (Ventura v. Santos, 59 Phil. 123). o Failure to appear simply because the client did not go to counsels office on
the date of the trial as was agreed upon (Alcoriza v. Lumakang, Adm. Case No. 249, November 21, 1978). Failure to pay the appellate docket fee after receiving the amount for the purpose (Capulong v. Alino, 22 SCRA 491).
Instances where the client is not bound by counsels negligence: o In the case of an irresponsible lawyer who totally forgot about the case and failed to inform his client of the decision, the Supreme Court held that the client should not be bound by the negligence of the counsel. (Republic v. Arro, 150 SCRA 630) o A party is not bound by the actions of his counsel in case the gross negligence of the counsel resulted in the clients deprivation of his property without due process (Legarda v. Court of Appeals, 195 SCRA 418). o Where there is something fishy and suspicious about the actuations of the former counsel of petitioners in the case at bar, in the case he did not give any significance at all to the processes of the court, which has proven prejudicial to the rights of said clients, under a lame and flimsy explanation that the courts processes just escaped his attention, it is held that the said lawyer deprived his clients of their day in court (PHHC v. Tiongco, 12 SCRA 471). o Application of the rule, results in the outright deprivation of ones property through a technicality. (Escudero v. Dulay, 158 SCRA 69, 78) o In the case of an irresponsible lawyer who totally forgot about the case and failed to inform his client of the decision, the Supreme Court held that the client should not be bound by the negligence of the counsel. (Republic vs. Arro, et al., 150 SCRA 630) Rule 18.04 - A lawyer shall keep the client informed of the status of his case and shall respond within a reasonable period of time to the clients request for information. It was unnecessary to have complainants wait, and hope, for six long years on their pension claims. Upon their refusal to cooperate, respondent should have forthwith terminated their professional relationship instead of keeping them hanging indefinitely. (Blanza v. Arcangel, supra)
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CANON 19 A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS OF LAW. Rule 19.01 - A lawyer shall employ only fair and honest means to attain the lawful objectives of his client and shall not present, participate in presenting or threaten to present unfounded criminal charges to obtain an improper advantage Related statutory basis: Rule 138, Sec. 20(d). Duties of attorneys. It is the duty of an attorneyto employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor, and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law. Rule 19.02 - A lawyer who has received information that his client has, in the course of the representation, perpetuated a fraud upon a person or tribunal, shall promptly call upon the client to rectify the same, and failing which he shall terminate the relationship with such client in accordance with the Rules of Court. Related rule: Canon 21. A lawyer should not allow his client to perpetuate fraud. However, the lawyer shall not volunteer the information about the clients commission of the fraud to anyone for that will run counter to his duty to maintain at all times the clients confidences and secrets. This rule merely requires the lawyer to terminate his relationship with the client in the event the latter fails or refuses to rectify the fraud. (Agpalo) Rule 19.03 - A lawyer shall not allow his client to dictate the procedure in handling the case. Related statutory basis: Rule 138, Sec. 23. Authority of attorneys to bind clients. Attorneys have authority to bind their clients in any case by any agreement in relation thereto made in writing, and in taking appeals, and in all matters of ordinary judicial procedure. But they cannot, without special authority, compromise their client's litigation, or receive anything in discharge of a client's claim but the full amount in cash.
As to substantial matter The employment itself confers upon the attorney no implied or apparent authority to bind the client on substantial matters: 1. the cause of action, 2. the claim or demand sued upon 3. the subject matter of the litigation are substantial matters which the attorney may not impair, novate, compromise, settle, surrender or destroy without the clients consent or authority. As to matters of law It is the client who yields to the lawyer and not the lawyer yielding to the client in matters of law. The basis of this rule is that the lawyer is better trained and skilled in law. Proceedings to enforce remedies are within the exclusive control of the attorney. A lawyer should seek instruction from his client on any substantial matter concerning the litigation, which requires decision on the part of the client (i.e. whether to compromise the case, or to appeal an unfavorable judgment). In procedural matters, the client must yield to the lawyer. (Agpalo) CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES. Related statutory basis: Rule 138, Sec. 24. Compensation of attorneys. An attorney shall be entitled to have and recover from his client no more than a reasonable compensation for his services, with a view to the importance of the subject matter of the controversy, the extent of the services rendered, and the professional standing of the attorney. No court shall be bound by the opinion of attorneys as expert witnesses as to the proper compensation, but may disregard such testimony and base its conclusion on its own professional knowledge. A written contract for services shall control the amount to be paid therefore unless found by the court to be unconscionable or unreasonable. RIGHT TO COMPENSATION In the absence of an express contract [for attorneys fee], payment of attorneys fees may be justified by virtue of the innominate contract of facio ut des (I do and you give) which is based on the principle that no one shall enrich himself at the expense of another (Corpuz v. CA, G.R. No. L-40424, June 30, 1980)
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The Counsel if worthy of his hire, is entitled to be fully recompensed for his services. With his capital consisting solely of his brains and his skill, acquired at tremendous cost not only in money but in the expenditure of time and energy, he is entitled to the protection of any judicial tribunal against any attempt on the part of a client to escape payment of his fees. (Albano v. Coloma, 21 SCRA 411 (1967)) Rule 20.01 - A lawyer shall be guided by the following factors in determining his fees: 1) Time spent and the extent of the services rendered or required 2) Importance of the subject matter 3) Novelty and difficulty of the questions involved; 4) Skill demanded; 5) Probability of losing other employment as a result of acceptance of the professed case; 6) Professional standing of the lawyer; 7) Amount involved in the controversy and the benefits resulting to the client from the service 8) Customary charges for similar services and the schedule of fees of the IBP Charter to which he belongs; and 9) Contingency or certainty of compensation; 10) Character of the employment, whether occasional or established.
ATTORNEYS FEES Ordinary An attorneys fee is the reasonable compensation paid to a lawyer for the legal services he has rendered to a client. The basis of this compensation is the fact of employment by the client. Extraordinary An attorneys fee is an indemnity for damages ordered by the court to be paid by the losing party to the prevailing party in a litigation. The basis of this is any of the cases authorized by law and is payable not to the lawyer but to the client unless they have agreed that the award shall pertain to the lawyer as additional compensation or as part thereof. (Traders Royal Bank Employees Union-Independent v. NLRC, G.R. No. 120592, March 14, 1997) Factors of the value (Rule 138, Sec, 24) 1) the importance of the subject matter of controversy; 2) the extent of the services rendered; and 3) the professional standing of the attorney.
Additionally, the court is not bound by the opinion of attorneys as expert witness as to proper compensation and that written contract shall control the amount paid unless found by the court to be unconscionable or reasonable. According to jurisprudence, the court may also take into consideration the clients capacity to pay. Modes of payment: o A fixed or absolute fee which is payable regardless of the result of the case o A contingent fee that is conditioned to the securing of a favorable judgment and recovery of money or property and the amount of which may be on a percentage basis o A fixed fee payable per appearance o A fixed fee computed by the number of hours spent o A fixed fee based on a piece of work o A combination of any of the above stipulated fees.
Compensation to which Lawyer Entitled Depending on His Capacity
is
COUNSEL DE PARTE He is entitled to a reasonable attorneys fees agreed upon or in the absence thereof, on quantum meruit basis. COUNSEL DE OFICIO The counsel may not demand from the accused attorneys fees even if he wins the case. He may however collect from the government funds if available based on the amount fixed by the court. Rule 138, Sec. 32. Compensation for attorneys de oficio. Subject to availability of funds as may be provided by law the court may, in its discretion, order an attorney employed as counsel de oficio to be compensated in such sum as the court may fix in accordance with section 24 of this rule. Whenever such compensation is allowed, it shall not be less than P30 in any case, nor more than the following amounts: o P50 in light felonies; o P100 in less grave felonies; o P200 in grave felonies other than capital offenses; o P500 in capital offenses. AMICUS CURIAE not entitled to attorneys fees. Counsel Cannot Recover Full Amount Despite Written Contract 1) When the services were not performed, and the lawyer withdrew before the case
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2)
3) 4) 5) 6) 7)
was finished, he will be allowed only reasonable fees When there is justified dismissal of an attorney, the contract will be nullified and payment will be on quantum meruit basis When the stipulated fees are unconscionable When the stipulated fees are in excess of what is expressly provided by law When the lawyer is guilty of fraud or bad faith in the manner of his employment When the counsels services are worthless because of negligence When the contract is contrary to laws, morals, and good policies
c)
d)
Novelty and Difficulty of Questions Involved When the questions in a case are novel and difficult, greater efforts, deeper study and research, are bound to burn the lawyers time and stamina considering that there are no local precedents to rely upon. Skill demanded of the Lawyer The totality of the lawyers experience provides him the skill and competence admired in lawyers.
CHAMPERTOUS CONTRACT One where the lawyer stipulates with his client the prosecution of the case that he will bear all the expenses for the recovery of things or property being claimed, and the latter pays only upon successful litigation. Void for being against public policy. CONTINGENT CONTRACT It is an agreement in which the lawyers fee, usually a fixed percentage of what may be recovered in the action, is made to depend upon the success in the effort to enforce or defend the clients right. It is a valid agreement. It is different from a champertous contract in that the lawyer does not undertake to shoulder the expenses of the litigation. CONTINGENT Contingent fee is payable in cash. Lawyers do not undertake to pay all expenses of litigation Not prohibited CHAMPERTOUS Payable in kind only Lawyers undertake to pay all expenses of litigation Void
The mere fact that an agreement had been reached between attorney and client fixing the amount of the attorney's fees, does not insulate such agreement from review and modification by the Court where the fees clearly appear to be excessive or unreasonable. (Tanhueco v. De Dumo, 172 SCRA 760 (1989))
QUANTUM MERUIT Means as much as a lawyer deserves. Its essential requisite is acceptance of the benefits by one sought to be charged for services rendered under circumstances as reasonably to notify him that lawyer expects compensation. Authorized when: o there is no express contract for attorneys fees agreed upon between the lawyer and the client; o when although there is a formal contract of attorneys fees, the stipulated fees are found unconscionable or unreasonable by the court; o when the contract for attorneys fees is void due to purely formal matters or defects of execution; o when the counsel, for justifiable cause, was not able to finish the case to its conclusion; o when lawyer and client disregard the contract of attorneys fees o when there is a contract but no stipulation as to attorneys fees Guides in Determining Attorneys Fees in Quantum Meruit Basis a) Time spent and Extent of the Services Rendered A lawyer is justified in fixing higher fees when the case is so complicated and requires more time and efforts to finish it. b) Importance of Subject Matter The more important the subject matter or the bigger value of the interest or property in litigation, the higher is the attorneys fee.
Rule 20.02 - A lawyer shall, in case of referral, with the consent of the client, be entitled to a division of fees in proportion to the work performed and responsibility assumed. NOTE: This is not in the nature of a brokers commission. Rule 20.03 - A lawyer shall not, without the full knowledge and consent of the client, accept any fee, reward, costs, commission, interest, rebate or forwarding allowances or other compensation whatsoever related to his professional employment from any one other than the client. Related statutory basis: Rule 138, sec. 20(e). Duties of attorneys. It is the duty of an attorney to accept no compensation in connection with his client's business except from him or with his knowledge and approval. RATIONALE:
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This ensures protection of lawyers in collection of fees. It is also designed to secure the lawyers wholehearted fidelity to the clients cause and to prevent that situation in which the receipt by him of a rebate or commission from another in connection with the clients cause may interfere with the full discharge of his duty to the client. The amount received by lawyer from opposite party or third persons in the service of his client belongs to the client except when the latter has full knowledge and approval of lawyers taking (Agpalo) Rule 20.04 - A lawyer shall avoid controversies with clients concerning his compensation and shall resort to judicial action only to prevent imposition, injustice or fraud. Judicial actions to recover attorneys fees: 1) file an appropriate motion or petition as an incident in the main action where he rendered legal services; 2) file a separate civil action for collection of attorneys fees. Suits to collect fees should be avoided and only when the circumstances imperatively require should a lawyer resort to lawsuit to enforce payment of fees. This is but a logical consequence of the legal profession not primarily being for economic compensation. (Agpalo) An attorney-client relationship can be created by implied agreement, as when the attorney actually rendered legal services for a person who is a close friend. The obligation of such a person to pay attorneys fees is based on the law of contracts concept of facio ut des (no one shall unjustly enrich himself at the expense of others.) (Corpuz v. CA, 98 SCRA 424 (1980)) CANON 21 A LAWYER SHALL PRESERVE THE CONFIDENCE AND SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY-CLIENT RELATIONSHIP IS TERMINATED. RATIONALE: Not only to prevent the dishonest practitioner from fraudulent conduct, but also to protect the honest lawyer from unfounded suspicion of unprofessional practice. It is founded on principles of public policy, on good taste. The question is
not necessarily one of the rights of the parties, but as to whether the attorney has adhered to proper professional standard. (Hilado v. David, 83 Phil 569 (1949)) Rule 21.01 - A lawyer shall not reveal the confidence or secrets of his client except: o When authorized by the client after acquainting him of the consequences of the disclosure; o When required by law; or o When necessary to collect his fees or to defend himself, his employees or associates or by judicial action.
CONFIDENCE Information by the attorney-client privilege . SECRET Other information gained in the professional relationship that the client has regulated to be held inviolate or the disclosure of which would be embarrassing or would likely be detrimental to the client.
Related statutory basis: Rule 130, Sec. 21 (b), RRC. Without the consent of his client, an attorney cannot be examined as to any communication made by the client to him, or his advise given thereon in the course of professional employment, nor can an attorneys secretary, stenographer, or clerk he examined, without the consent of the client and his employees, concerning any fact the knowledge of which he has been acquired in such capacity. Code of Professional Ethics, Canon 37. Unless the revelation by a lawyer of his clients confidence falls under any of the exceptions, the disclosure by a lawyer of his clients confidence or its use to his advantage or to the disadvantage of the client without the latters consent constitutes breach of trust sufficient to warrant imposition of disciplinary sanction against him. Revised Penal Code, Art. 209. Betrayal of Trust by an Attorney or Solicitor Revelation of Secrets. Related rule: Rule 15.02 on Privileged Communication. Rule 21.02 - A lawyer shall not, to the disadvantage of his client, use information acquired in the course of employment, nor shall he use the same to his advantage or that of a third person, unless the client
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with full knowledge of the circumstances consents thereto. If an attorney is accused by his client of misconduct in the discharge of his duty, he may disclose the truth in respect to the accusation, including the clients instructions or the nature of the duty which his client expected him to perform. Similarly, if an attorney is charged by a third person in connection with the performance of his duty to his client, he may also disclose his clients confidence relative thereto. (Callanta, explaining Canon 37 of the CPE) Rule 21.03 - A lawyer shall not, without the written consent of his client, give information from his files to an outside agency seeking such information for auditing, statistical, bookkeeping, accounting, data processing, or any similar purpose. RATIONALE: The work and product of a lawyer, such as his effort, research, and thought, and the records of his client, contained in his files are privileged matters. (Agpalo) Rule 21.04 - lawyer may disclose the affairs of a client of the firm to partners or associates thereof unless prohibited by the client. NOTE: Disclosure to firm partners or associates generally allowed because professional employment of a law firm is equivalent to retainer of members thereof. In a law firm, partners or associates usually consult one another involving their cases and some work as a team. Consequently, it cannot be avoided that some information about the case received from the client may be disclosed to the partners or associates. Rule 21.05 - A lawyer shall adopt such measures as may be required to prevent those whose services are utilized by him, from disclosing or using confidences or secrets of the client. Professional employment of a law firm is equivalent to retainer of the members thereof even though only one partner is consulted. When one partner tells another about the details of the case, it is not considered as disclosure to third
persons because members of a law firm are considered as one entity. (Agpalo) Rule 21.06 - A lawyer shall avoid indiscreet conversation about a clients affairs even with members of his family. A lawyer must not only preserve the confidences and secrets of his clients in his law office but also outside including his home. He should avoid committing calculated indiscretion, that is, accidental revelation of secrets obtained in his professional employment. Reckless or imprudent disclosure of the affairs of his clients may jeopardize them. Not every member of the lawyers family has the proper orientation and training for keeping clients confidences and secrets. (Agpalo) Rule 21.07 - A lawyer shall not reveal that he has been consulted about a particular case except to avoid possible conflict of interests. This rule clarifies that privilege communication applies even to prospective clients. Moreover, the prohibition applies even if the prospective client did not thereafter actually engage the lawyer. (Agpalo) Related rule: CPR Rule 15.03. The exception
is when the lawyer will be placed in a situation of representing conflicting interests if he does not disclose consultation. Otherwise, if he remains silent, he may be violating the rule against representing conflicting interests.
CANON 22 - A LAWYER MAY WITHDRAW HIS SERVICES ONLY FOR GOOD CAUSE AND UPON NOTICE APPROPRIATE IN THE CIRCUMSTANCES. Termination of Attorney-Client Relation 1) Withdrawal of lawyer under Rule 22.01 2) Death of the lawyer 3) Disbarment or suspension of the lawyer from the practice of law 4) Declaration of presumptive death of lawyer 5) Conviction of a crime and imprisonment of lawyer 6) Discharge or dismissal of the lawyer by the client 7) Appointment or election of a lawyer to a government position which prohibits private practice of law 8) Death of client 9) Intervening incapacity or incompetence of the client during pendency of case
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10) Full termination of the case GENERAL RULE: The client has the right to terminate at any time with or without just cause. LIMITATIONS: Client cannot deprive counsel of right to be paid services if dismissal is without cause Client cannot discharge counsel as an excuse to secure repeated extensions of time Notice of discharge is required for both court and adverse party Rule 22.01 - A lawyer may withdraw his services in any of the following case: o When the client pursues an illegal or immoral course of conduct in connection with the matter he is handling; o When the client insists that the lawyer pursue conduct violative of these canons and rules; o When his inability to work with cocounsel will not promote the best interest of the client; o When the mental or physical condition of the lawyer renders it difficult for him to carry out the employment effectively; o When the client deliberately fails to pay the fees for the services or fails to comply with the retainer agreement; o When the lawyer is elected or appointed to public office; and o Other similar cases. Rule 22.02 - A lawyer who withdraws or is discharged shall, subject to a retainer lien, immediately turn over all papers and property to which the client is entitled, and shall cooperate with his successor in the orderly transfer of the matter, including all information necessary for the proper handling of the matter. Conditions for the Substitution of Counsel 1) Written request for substitution 2) Written consent of client 3) Written consent of the attorney to be substituted or in the absence, proof of service of notice of said motion to the attorney to be substituted
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Chapter III. Discipline of Lawyers

I. LIABILITIES OF LAWYERS II. POWER TO DISCIPLINE ERRANT LAWYERS A. FORMS OF DISCIPLINARY MEASURES B. SUSPENSION AND DISBARMENT C. PROCEDURE FOR SUSPENSION/DISBARMENT OF ATTORNEYS BY THE IBP D. PROCEDURE FOR SUSPENSION/DISBARMENT OF ATTORNEYS BY THE SUPREME COURT MOTU PROPRIO E. IMPOSITION OF PENALTIES IN THE SUPREME COURT III. MODIFYING CIRCUMSTANCES A. MITIGATING CIRCUMSTANCES B. AGGRAVATING CIRCUMSTANCES C. EFFECT OF EXECUTIVE PARDON IV. REINSTATEMENT
CONTEMPT OF COURT It is exercised on preservative and not on vindictive principles and on corrective rather than the retaliatory idea of punishment. It is criminal in nature. The power to punish for contempt is inherent in all courts. It is essential in the observance of order in judicial proceedings and to enforce judgment, orders and writs. Kinds of Contempt Direct Contempt Consists of misbehavior in the presence of or near a court or judge as to interrupt or obstruct the proceedings before the court or the administration of justice. Indirect or Constructive Contempt One committed away from the court involving disobedience of or resistance to a lawful writ, process, order, judgment or command of the court, tending to belittle, degrade, obstruct, interrupt or embarrass the court. Civil contempt Failure to do something ordered by the court which is for the benefit of the party. Criminal contempt Consists of any conduct directed against the authority or dignity of the court. Acts of a Lawyer Constituting Contempt o o o o o o o o o Misbehavior as officer of court Disobedience or resistance to court order Abuse or interference with judicial proceedings Obstruction in administration of justice Misleading courts Making false allegations, criticisms, insults, veiled threats against the courts Aiding in unauthorized practice of law (suspended or disbarred) Unlawful retention of clients funds Advise client to commit contemptuous acts
CHAPTER III. DISCIPLINE OF LAWYERS
I. Liabilities of Lawyers
CIVIL LIABILITY Client is prejudiced by lawyers negligence and misconduct. Breach of fiduciary obligation Civil liability to third persons Libelous words in pleadings; violation of communication privilege Liability for costs of suit (treble costs) when lawyer is made liable for insisting on clients patently unmeritorious case or interposing appeal merely to delay litigation CRIMINAL LIABILITY Prejudicing client through malicious breach of professional duty Revealing client secrets Representing adverse interests Introducing false evidence Misappropriating clients funds (estafa) Libel except if statements are connected with the relevant, pertinent, and material to the cause in hand or the subject of the inquiry COSTS OF SUIT GENERAL RULE: Losing client and not the lawyer is liable for costs, since the lawyer is not a party-litigant EXCEPTION: When the lawyer insisted on clients patently unmeritorious case the court may adjudge lawyer to pay treble costs of suit
II. Power to Discipline Errant Lawyers

Statutory Basis Rule 138, Sec. 27. The Supreme Court has the full authority and power to (WARDS) WARN ADMONISH REPRIMAND SUSPEND and DISBAR a lawyer Rule 139-B, Sec. 16. The Court of Appeals and the Regional Trial Courts are also empowered to WARN ADMONISH
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REPRIMAND and SUSPEND an attorney who appears before them from the practice of law for any of the causes mentioned in Rule 138, Sec. 27. A. Forms of Disciplinary Measures 1) Warning an act or fact of putting one on his guard against an impending danger, evil consequences or penalties. 2) Admonition a gentle or friendly reproof, mild rebuke, warning or reminder, counseling, on a fault, error or oversight; an expression of authoritative advice. 3) Reprimand a public and formal censure or severe reproof, administered to a person in fault by his superior officer or a body to which he belongs. 4) Suspension a temporary withholding of a lawyers right to practice his profession as a lawyer for a certain period or for an indefinite period of time. a. Definite b. Indefinite qualified disbarment; lawyer determines for himself for how long or how short his suspension shall last by proving to court that he is once again fit to resume practice of law. 5) Censure official reprimand. 6) Disbarment It is the act of the Philippine Supreme Court in withdrawing from an attorney the right to practice law. The name of the lawyer is stricken out from the roll of attorneys. B. Suspension and Disbarment
SUSPENSION AND DISBARMENT Disciplinary proceedings against lawyers are sui generis: neither purely civil nor purely criminal. It is notand does not involvea trial of an action or a suit, but is rather an investigation by the Court in the conduct of its officers. Not being intended to inflict punishment, it is no sense a criminal prosecution. Accordingly, there is neither a plaintiff nor a prosecutor. x x x Public interest is its primary objective, and the real question for determination is whether or not the attorney is still a fit person to be allowed the privileges as such. (In Re: Almacen, supra) Nature of Proceedings: o Neither a civil action nor a criminal proceeding; o Sui generis, it is a class of its own since it is neither civil nor criminal Confidential in nature o Defense of double jeopardy is not available
o o o
Can be initiated by the SC, motu proprio, or by the IBP. It can be initiated without a complaint. Can proceed regardless of interest of the complainants Imprescriptible It is itself due process of law
Objectives of Suspension and Disbarment: o To compel the attorney to deal fairly and honestly with his clients; o To remove from the profession a person whose misconduct has proved him unfit to be entrusted with the duties and responsibilities belonging to the office of an attorney; o To punish the lawyer; o To set an example or warning for the other members of the bar; o To safeguard the administration of justice from dishonest and incompetent lawyers; o To protect the public; Grounds for Disbarment: 1) Deceit 2) Malpractice, or other gross misconduct in office any malfeasance or dereliction of duty committed by a lawyer 3) Grossly immoral conduct 4) Conviction of a crime involving moral turpitude 5) Violation of oath of office 6) Willful disobedience of any lawful order of a superior court 7) Corruptly or willfully appearing as an attorney for a party to case without an authority to do so Officers Authorized to Investigate Disbarment Cases: Supreme Court IBP through its Commission on Bar Discipline or authorized investigators Office of the Solicitor General
The statutory enumeration of the grounds for disbarment or suspension is not to be taken as a limitation on the general power of courts to suspend or disbar a lawyer. The inherent power of the court over its officers cannot be restricted. (Quingwa v. Puno, Admin. Case No. 398, Feb. 28, 1967) Disbarment should not be decreed where any punishment less severe such as reprimand, suspension or fine would accomplish the end desired. (Amaya v. Tecson, 450 SCRA 510) In disbarment proceedings, the burden of proof is upon the complainant and this court will exercise its disciplinary power only if the complainant establishes his case by clear, convincing and satisfactory
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evidence. (Aquino v. Mangaoang, 425 SCRA 572) C. Procedure for Suspension/Disbarment of Attorneys by the IBP IBP Motu Propio VERIFIED COMPLAINT TO THE IBP Complaint must be: In writing Stating facts complained of
D. Procedure for Suspension or Disbarment of Attorneys (Rule 139-B) by the Supreme Court Motu Propio Supreme Court shall refer the case to an investigator
POSSIBLE INVESTIGATORS: Solicitor General Any Officer of the SC Any judge of a lower court Shall notify the Respondent
Shall appoint an investigator and notify respondent within two days from receipt
Respondent must answer (within 15 days)
RESPONDENTS ANSWER:
Within 15 days from notice
INVESTIGATION (3 months)
INVESTIGATION 1) Investigator may issue subpoenas 2) Provide respondent with opportunity to be heard. 3) May proceed with investigation ex parte should respondent be unable to comply.
REPORT to be submitted not later than 30 days from investigations termination. REPORT MUST CONTAIN Findings of facts Recommendations
SUPREME COURT FOR JUDGMENT REPORT Submitted not later than 30 days from termination of investigation. Contains: 1) Findings of facts 2) Recommendation Disbar Suspend Dismiss E. Imposition of Supreme Court Suspension Fine Penalties in the
By division one year or less En banc more than one year Division P10,000 or less En banc more than P10,000
SUPREME COURT FOR JUDGMENT
In case of two or more suspensions: Service will be successive, not simultaneous.
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III.Modifying Circumstances
Extent of disciplinary action depends on attendance of mitigating or aggravating circumstance. A. Mitigating Circumstances
o Good Faith in the acquisition of a property of the client subject of the litigation (In Re: Ruste, 70 Phil 243) Inexperience of a lawyer Age Apology Lack of Intention to slight or offend the court Abuse of authority or of attorney-client relationship sexual intercourse with a relative charge of gross immorality Previous dismissal as member of the bar
rules on the admission of applicants to the practice of law. In order that there is reinstatement, the following must be taken into consideration:
o o o o o the applicants character and standing prior to disbarment; the nature or character of the misconduct for which he is disbarred; his conduct subsequent to disbarment (Cui v. Cui, 11 SCRA 755) including his efficient government service (In Re: Adriatico, 17 Phil 324) the time that has elapsed between disbarment and the application for reinstatement and the circumstances that he has been sufficiently punished and disciplined (Prudential Bank v. Benjamin Grecia, 192 SCRA 381) applicants appreciation of significance of his dereliction and his assurance that he now possesses the requisite probity and integrity; favorable endorsement of the IBP, pleas of his loved ones (Yap Tan v. Sabandal, 170 SCRA 207)
o o o o
B. Aggravating Circumstances
o o o o
C. Effect of Executive Pardon 1. Conditional The disbarment case will not be dismissed on the basis thereof. 2. Absolute, before conviction The disbarment case will be dismissed. Absolute pardon by the President may wipe out conviction as well as offense itself and the grant thereof in favor of a lawyer is a bar to a proceeding for disbarment against him based solely on commission of such offense. The reason is that the respondent lawyer, after the absolute pardon, is as guiltless and innocent as if he never committed the offense at all. 3. Absolute, after conviction If absolute pardon is given to lawyer after being disbarred for conviction of a crime, it does not automatically entitle him to reinstatement to the bar. It must be shown by evidence aside from absolute pardon that he is now a person of good moral character and fit and proper person to practice law. In case of a conditional pardon, there will be a remission of unexpired period of sentence.
The court may require applicant for reinstatement to enroll in and pass the required fourth year review classes in a recognized law school. (Cui v. Cui, supra; In Re: Rusiana, 56 SCRA 240) A PREVIOUSLY DISBARRED LAWYER who is given absolute pardon by the President is not automatically reinstated, he must still file a petition for reinstatement with the SC. Condition for Reinstatement: A lawyer who has been suspended or disbarred may be reinstated when the SC is convinced that he has already possessed the requisites of probity and integrity necessary to guarantee his worth to practice his possession. To be reinstated to the practice of law, it is necessary that the respondent must like any other candidate for admission to the bar, satisfy the Court that he is a person of good moral character and a fit and proper person to practice law. (In re: Rovero, 101 SCRA 803) Effects of Reinstatement:
1) 2) 3) Recognition of moral rehabilitation and mental fitness to practice law; Lawyer shall be subject to same law, rules and regulations as those applicable to any other lawyer; Lawyer must comply with the conditions imposed on his readmission.
IV. Reinstatement
It is the restoration in disbarment proceedings to a disbarred lawyer the privilege to practice law. Statutory basis: 1987 Constitution, Art. VIII, Sec. 5(5). The power of the Supreme Court to reinstate is based on its constitutional prerogative to promulgate
NOTE: Good moral character is not only a condition precedent to admission to the practice of law but is a continuing requirement.
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Chapter IV. Code of Judicial Conduct

I. II. III. IV. V. VI. CANON CANON CANON CANON CANON CANON 1: 2: 3: 4: 5: 6: INDEPENDENCE INTEGRITY IMPARTIALITY PROPRIETY EQUALITY COMPETENCE AND DILIGENCE
NEW CODE OF (Bangalore Draft)
JUDICIAL
CONDUCT
Independence Integrity Impartiality Propriety Equality Competence and Diligence
JUDICIAL ETHICS Branch of moral science which treats of the right and proper conduct to be observed by all judges and magistrates in trying and deciding controversies brought to them for adjudication which conduct must be demonstrative of impartiality, integrity, competence, independence and freedom from improprieties. JUDGE A public officer who, by virtue of his office, is clothed with judicial authority, a public officer lawfully appointed to decide litigated questions in accordance with law. DE JURE JUDGE One who is exercising the office of judge as a matter of right; an officer of a court who has been duly and legally appointed, qualified and whose term has not expired. DE FACTO JUDGE An officer who is not fully invested with all the powers and duties conceded to judges, but is exercising the office of a judge under some color of right.
I. Independence
CANON 1 JUDICIAL INDEPENDENCE IS A PRE-REQUISITE TO THE RULE OF LAW AND A FUNDAMENTAL GUARANTEE OF A FAIR TRIAL. A JUDGE SHALL THEREFORE UPHOLD AND EXEMPLIFY JUDICIAL INDEPENDENCE IN BOTH ITS INDIVIDUAL AND INSTITUTIONAL ASPECTS. Sec. 1. Judges shall exercise the judicial function independently on the basis of their assessment of the facts and in accordance with a conscientious understanding of the law, free of any extraneous influence, inducement, pressure, threat or interference, direct or indirect, from any quarter or for any reason. A judge found defendants guilty beyond reasonable doubt of the crime of Rape with Homicide. However, he sentenced the accused with reclusion perpetua instead of the death, as unequivocally required by RA 7659. A court of law is no place for a protracted debate on the morality or propriety of the sentence, where the law itself provides for the sentence of death as a penalty in specific and well-defined instances. (People v. Veneracion, 249 SCRA 244 (1995)) Mass media has its duty to fearlessly but faithfully inform the public about events and persons. However, when a case has received wide and sensational publicity, the trial court should be doubly careful not only to be fair and impartial but also to give the appearance of complete objectivity in its handling of the case. (Go v. Court of Appeals, 206 SCRA 165) Sec. 2. In performing judicial duties, Judges shall be independent from judicial colleagues in respect of decisions which the judge is obliged to make independently.
Qualifications of SC members: 1. Natural born citizen 2. At least 40 years of age 3. Must have been for at least 15 years a judge of a lower court or engaged in the practice of law (Sec. 7 (1), Art. VIII, 1987 Constitution) Qualifications of RTC judges: 1. Natural-born citizen 2. At least 35 years of age 3. For at least 10 years has been engaged in the practice of law in the Philippines or has held public office requiring admission to the practice of law as an indispensable requisite Qualifications of MTC judges: 1. Natural-born citizen of the Philippines; 2. At least 30 years of age; 3. For at least five years has been engaged in the practice of law in the Philippines or has held public office requiring admission to the practice of law as an indispensable requisite.
CHAPTER IV. CODE OF JUDICIAL CONDUCT
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The discretion of the Court to grant bail must be based on the Courts determination as to whether or not the evidence of guilt is strong. This discretion may be exercised only after the evidence has been submitted at the summary hearing conducted pursuant to Sec. 7 of Rule 114 of the Rules. Respondents admission that he granted bail to an accused upon the request of a Congressman, despite his belief that the evidence of guilt against said is strong, is indeed reprehensible. (Tahil v. Eisma, 64 SCRA 378 (1975)) Sec. 3. Judges shall refrain from influencing in any manner the outcome of litigation or dispute pending before another court or administrative agency. Sec. 4. Judges shall not allow family, social, or other relationships to influence judicial conduct or judgment. The prestige of judicial office shall not be used or lent to advance the private interests of others, nor convey or permit others to convey the impression that they are in a special position to influence the judge. Constant company with a lawyer tends to breed intimacy and camaraderie to the point that favors in the future may be asked from respondent judge which he may find hard to resist. The actuation of respondent Judge of eating and drinking in public places with a lawyer who has pending cases in his sala may well arouse suspicion in the public mind, thus tending to erode the trust of the litigants in the impartiality of the judge. (Padilla v. Zantua, 237 SCRA 670 (1994)) Sec. 5. Judges shall not only be free from inappropriate connections with, and influence by, the executive and legislative branches of government, but must also appear to be free therefrom to a reasonable observer. While it is true that Justice Sabio could not have possibly known prior to his brother's call that his brother intended to speak to him about the Meralco-GSIS case, the fact remains that Justice Sabio continued to entertain a call from his brother, who also happens to be an officer of the executive branch, despite realizing that the conversation was going to involve a pending case. Justice Sabio asks the Court if he
should have immediately slammed the phone on his brother. Certainly, such boorish behavior is not required. However, as soon as Justice Sabio realized that his brother intended to discuss a case pending before him or in his division, Justice Sabio should have respectfully but firmly ended the discussion.That Justice Sabio did not do as his brother asked is of no moment. Section 5, Canon 1 of the Code of Judicial Conduct maintains such a high bar of ethical conduct that actual influence is not a prerequisite before a violation is deemed committed. If a magistrate's actions allow even just the appearance of being influenced, it is deemed a violation. (Re: Letter of Presiding Justice Conrado M. Vasquez, Jr. A.M. No. 08-8-11-CA) Sec. 6. Judges shall be independent in relation to society in general and in relation to the particular parties to a dispute which he or she has to adjudicate. [Respondents] act of sending a member of his staff to talk with complainant and show copies of his draft decisions, and his act of meeting with litigants outside the office premises beyond office hours violate the standard of judicial conduct required to be observed by members of the Bench. (Tan v. Rosete, A.M. No. MTJ-04-1563, September 8, 2004) Sec. 7. Judges shall encourage and uphold safeguards for the discharge of judicial duties in order to maintain and enhance the institutional and operational independence of the judiciary. Sec. 8. Judges shall exhibit and promote high standards of judicial conduct in order to reinforce public confidence in the judiciary which is fundamental to the maintenance of judicial independence. [A judge] should always be imbued with a high sense of duty and responsibility in the discharge of his obligation to promptly and properly administer justice. He must view himself as a priest for the administration of justice is akin to a religious crusade. (Dimatulac et al v. Villon, 297 SCRA 679)
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II. Integrity
CANON 2 INTEGRITY IS ESSENTIAL NOT ONLY TO THE PROPER DISCHARGE OF THE JUDICIAL OFFICE BUT ALSO TO THE PERSONAL DEMEANOR OF JUDGES. Sec. 1. Judges shall ensure that not only is their conduct above reproach, but that it is perceived to be so in the view of a reasonable observer. Respondent judge was also at fault for his shortness of temper and impatience, contrary to the duties and restriction imposed upon him by reason of his office. He failed to observe the proper decorum expected of judicial officers. Judicial officers are given contempt powers so that they can remind counsels of their duties in court without being arbitrary, unreasonable or unjust. Respondent should have cited the complainant in contempt of court instead of throwing tantrums by banging his gavel loudly and unceremoniously walking out of the courtroom. Although respondent had a valid explanation for carrying a gun, his act of carrying it in plain view of the lawyers (including the complainant) and considering what just happened, cannot be taken as an innocent gesture. It was calculated to instill fear and intimidate the complainant. Respondent's behavior constitutes grave misconduct. A judge's conduct should be free from the appearance of impropriety not only in his official duties but in his everyday life. One who lives by the precept that might is right is unworthy to be a judicial officer. (Romero v. Valle (1987)) Sec. 2. The behavior and conduct of judges must reaffirm the people's faith in the integrity of the judiciary. Justice must not merely be done but must also be seen to be done. A judge must be free of a whiff of impropriety not only with respect to his performance of his judicial duties, but also to his behavior outside his sala and as a private individual. There is no dichotomy of morality: a public official is also judged by his private morals. (Castillo v. Calanog (1991))
Ignorance of the law is a mark of incompetence When the inefficiency springs from a failure to consider so basic and elemental a rule, a law or principle in the discharge of his duties, a judge is either too incompetent and undeserving of the position and title he holds, or he is too vicious that the oversight or omission was deliberately done in bad faith and in grave abuse of judicial authority. In both instances, the judge's dismissal is in order. (Macalintal v. Teh, 280 SCRA 623) Sec. 3. Judges should take or initiate appropriate disciplinary measures against lawyers or court personnel for unprofessional conduct of which the judge may have become aware.
III.Impartiality
CANON 3 IMPARTIALITY IS ESSENTIAL TO THE PROPER DISCHARGE OF THE JUDICIAL OFFICE. IT APPLIES NOT ONLY TO THE DECISION ITSELF BUT ALSO TO THE PROCESS BY WHICH THE DECISION IS MADE. Sec. 1. Judges shall perform their judicial duties without favor, bias or prejudice. To sustain a claim of bias or prejudice, the resulting opinion must be based upon an extrajudicial source: that is, some influence other than the facts and law presented in the courtroom. In the United States, this is known as the ExtraJudicial Source Rule. Sec. 2. Judges shall ensure that his or her conduct, both in and out of court, maintains and enhances the confidence of the public, the legal profession and litigants in the impartiality of the judge and of the judiciary. In disposing of a criminal case, a judge should avoid appearing like an advocate for either party. It is also improper for the judge to push actively for amicable settlement against the wishes of the complainant. A judges unwelcome persistence makes the judge vulnerable to suspicions of favoritism.
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Sec. 3. Judges shall, so far as is reasonable, so conduct themselves as to minimize the occasions on which it will be necessary for them to be disqualified from hearing or deciding cases. The majority view is that the rule of disqualification of judges must yield to demands of necessity. Simply stated, the rule of necessity means that a judge is not disqualified to sit in a case if there is no other judge available to hear and decide the case. For example, members of the Supreme Court were entitled to adjudicate the validity of a statue placing a limit of 5 percent in the costs of living increase for judges, where it was apparent that all state judges had at least an involuntarily financial interest in the case Actual disqualification of a member of a court of last resort will not excuse the member from performing his official duty if failure to do so would result in a denial of a litigant's constitutional right to have a question, properly presented the court, adjudicated. In other words, when all judges would be disqualified, disqualification will not be permitted to destroy the only tribunal with power in the premises. The doctrine operates on the principle that a basic judge is better than no judge at all. Under such circumstances, it is the duty of the disqualified judge to hear and decide the controversy, however disagreeable it may be. (Parayno v. Meneses, 231 SCRA 807) Sec. 4. Judges shall not knowingly, while a proceeding is before, or could come before, them make any comment that might reasonably be expected to affect the outcome of such proceeding or impair the manifest fairness of the process. Nor shall judges make any comment in public or otherwise that might affect the fair trial of any person or issue. Sec. 5. Judges shall disqualify themselves from participating in any proceedings in which they are unable to decide the matter impartially or in which it may appear to a reasonable observer that they are unable to decide the matter impartially. Such proceedings include, but are not limited to, instances where: o The judge has actual bias or prejudice concerning a party or personal knowledge of disputed evidentiary facts concerning the proceedings;
o o
The judge previously served as a lawyer or was a material witness in the matter in controversy; The judge, or a member of his or her family, has an economic interest in the outcome of the matter in controversy; The judge served as executor, administrator, guardian, trustee or lawyer in the case or matter in controversy, or a former associate of the judge served as counsel during their association, or the judge or lawyer was a material witness therein; The judge's ruling in a lower court is the subject of review; The judge is related by consanguinity or affinity to a party litigant within the sixth civil degree or to counsel within the fourth civil degree; or The judge knows that his or her spouse or child has a financial interest, as heir, legatee, creditor, fiduciary, or otherwise, in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceedings
GROUNDS FOR DISQUALIFICATION AND INHIBITION OF JUDGES UNDER THE RULES OF COURT Mandatory or Compulsory Disqualification (Rule 131, ROC) 1) He or his wife or his child is pecuniarily interested as heir, legatee, creditor or otherwise; 2) Relation to either party within the sixth degree of consanguinity or affinity or to counsel within the 4th civil degree 3) When he has been an executor, guardian, administrator, trustee or counsel; 4) When he has presided in an inferior court where his ruling or decision is subject to review. Voluntary Inhibition A judge may, in the exercise of his sound discretion disqualify himself, for just and valid reasons other than those mentioned above. (Rule 137, Section 1) This leaves the discretion to the judge to decide for himself questions as to whether he will desist from sitting in case for other just and valid reasons with only his conscience to guide him, unless he cannot discern for himself his inability to meet the test of the cold neutrality required of him,
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in which event the appellate court will see to it that he disqualifies himself. A decision to disqualify himself is not conclusive and his competency may be determined on application for mandamus to compel him to act. Judges decision to continue hearing a case in which he is not legally prohibited from trying notwithstanding challenge to his objectivity may not constitute reversible error. The filing of an administrative case against a judge does not disqualify him from hearing a case. The court has to be shown other than the filing of administrative complaint, act or conduct of judge indicative of arbitrariness or prejudice before the latter being branded as the stigma of being biased or partial. (Lorenzo v. Marquez (1988))
Basis DISQUALIFICATION Specific and exclusive INHIBITION No specific grounds BUT there is a broad basis for such, i.e., good, sound ethical grounds The matter is left to the sound discretion of the judge
IV. Propriety
CANON 4 PROPRIETY AND THE APPEARANCE OF PROPRIETY ARE ESSENTIAL TO THE PERFORMANCE OF ALL THE ACTIVITIES OF A. JUDGE. Sec. 1. Judges shall avoid impropriety and the appearance of impropriety in all of their activities. Whatever the motive may have been, the violent action of the respondent in a public place constitutes serious misconduct and the resultant outrage of the community (Arban v. Borja (1989)) It was highly improper for a judge to have wielded a high-powered firearm in public and besieged the house of a perceived defamer of character and honor in warlike fashion and berated the object of his ire, with his firearm aimed at the victim (Saburnido v. Madrono) Sec. 2. As a subject of constant public scrutiny, judges must accept personal restrictions that might be viewed as burdensome by the ordinary citizen and should do so freely and willingly. In particular, judges shall conduct themselves in a way that is consistent with the dignity of the judicial office. Sec. 3. Judges shall, in their personal relations with individual members of the legal profession who practice regularly in their court, avoid situations which might reasonably give rise to the suspicion or appearance of favoritism or partiality. Sec. 4. Judges shall not participate in the determination of a case in which any member of their family represents a litigant or is associated in any manner with the case. This rule rests on the principle that no judge should preside in a case in which the judge is not wholly free, disinterested, impartial and independent. A judge has both the duty of rendering a just decision and the duty of doing it in a manner completely free from suspicion as to fairness and integrity. The purpose is to preserve the peoples faith and confidence in the courts of justice. (PhilJa)
Role of the judicial officer
Judicial officer has no discretion to sit or try the case
Sec. 6. A judge disqualified as stated above may, instead of withdrawing from the proceeding, disclose on the records the basis of disqualification. If, based on such disclosure, the parties and lawyers independently of the judge's participation, all agree in writing that the reason for the inhibition is immaterial or unsubstantial, the judge may then participate in the proceeding. The agreement, signed by all parties and lawyers, shall be incorporated in the record of the proceedings. Rules followed by the American Bar Association: o Each step must be strictly followed. Any deviation renders the waiver invalid. For example, the judge must affirmatively disclose facts that might be grounds for disqualification. o In some jurisdictions, the judge must obtain a waiver from both lawyers and parties. Waivers by lawyers alone will not suffice.
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Sec. 5. Judges shall not allow the use of their residence by a member of the legal profession to receive clients of the latter or of other members of the legal profession. While judges are not expected to live a hermit-like existence or cease functioning as citizens of the Republic, they should remember that they do not disrobe themselves of their judicial office upon leaving their salas. In the exercise of their civil liberties, they should be circumspect and ever mindful that their continuing commitment to upholding the judiciary and its values places upon them certain implied restraints to their freedom. (Sison v. Caoibes, Jr. A.M. No. RTJ-03-1771, May 27 2004) Sec. 6. Judges, like any other citizen, are entitled to freedom of expression, belief, association and assembly, but in exercising such rights, they shall always conduct themselves in such a manner as to preserve the dignity of the judicial office and the impartiality and independence of the judiciary. Sec. 7. Judges shall inform themselves about their personal fiduciary financial interests and shall make reasonable efforts to be informed about the financial interests of members of their family. Sec. 8. Judges shall not use or lend the prestige of the judicial office to advance their private interests, or those of a member of their family or of anyone else, nor shall they convey or permit others to convey the impression that anyone is in a special position improperly to influence them in the performance of judicial duties.
TICKET-FIXING Misconduct in which judges impermissibly take advantage of their position to avoid traffic violations.
Appear at a public hearing before an official body concerned with matters relating to the law, the legal system, the administration of justice or related matters; Engage in other activities if such activities do not detract from the dignity of the judicial office or otherwise interfere with the performance of judicial duties.
Sec. 11. Judges shall not practice law whilst the holder of judicial office. Sec. 12. Judges may form or join associations of judges or participate in other organizations representing the interests of judges. This rule also recognizes the difference between membership in associations of judges and membership in associations of other legal professionals. While attendance at lavish events hosted by lawyers might create an appearance of impropriety, participation in a judges-only organizations does not. (PhilJa) Sec. 13. Judges and members of their families shall neither ask for, nor accept, any gift, bequest, loan or favor in relation to anything done or to be done or omitted to be done by him or her in connection with the performance of judicial duties. Receiving money from a party litigant is the kind of gross and flaunting misconduct on the part of the judge, who is charged with the responsibility of administering the law and rendering justice. (Ompoc v. Torre (1989)) Sec. 14. Judges shall not knowingly permit court staff or others subject to their influence, direction or authority, to ask for, or accept, any gift, bequest, loan or favor in relation to anything done or to be done or omitted to be done in connection with their duties or functions. Sec. 15. Subject to law and to any legal requirements of public disclosure, judges may receive a token gift, award or benefit as appropriate to the occasion on which it is made provided that such gift, award or benefit might not reasonably be perceived as intended to influence the judge in the performance of judicial duties or otherwise give rise to an appearance of partiality.
Sec. 9. Confidential information acquired by judges in their judicial capacity shall not be used or disclosed by for any other purpose related to their judicial duties. Sec. 10. Subject to the proper performance of judicial duties, judges may o Write, lecture, teach and participate in activities concerning the law, the legal system, the administration of justice or related matters;
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GENERAL RULE: Judges and members of their families cannot accept gifts, etc. EXCEPTION: Subject to legal requirements like public disclosure, may accept gifts provided that it might not reasonably be perceived as intended to influence judge. Section 7(d) of R.A. 6713 allows the following: 1) Gift of nominal value tendered and received as a souvenir or mark of courtesy 2) Scholarship or fellowship grant or medical treatment 3) Travel grants or expenses for travel taking place entirely outside the Philippines (such as allowances, transportation, food and lodging) of more than nominal value if such acceptance is appropriate or consistent with the interest of the Philippines, and permitted by the head office, branch or agency to which the judge belongs.
any case which he has been counsel (for a party) without the written consent of all parties in interest, signed by them and entered upon the record. The prohibition is not limited to cases in which a judge hears the evidence but includes as well cases where he acts by resolving motions, issuing orders and the like. (In Re Judge Rojas (1998)) Sec. 3. Judges shall carry out judicial duties with appropriate consideration for all persons, such as the parties, witnesses, lawyers, court staff and judicial colleagues, without differentiation on any irrelevant ground, immaterial to the proper performance of such duties. Sec. 4. Judges shall not knowingly permit court staff or others subject to his or her influence, direction or control to differentiate between persons concerned, in a matter before the judge, on any irrelevant ground. Sec. 5. Judges shall require lawyers in proceedings before the court to refrain from manifesting, by words or conduct, bias or prejudice based on irrelevant grounds, except such as are legally relevant to an issue in proceedings and may be the subject of legitimate advocacy.
Women appearing as witnesses or litigants have found themselves subjected to inappropriate, overly familiar and demeaning forms of address, comments on their personal appearance, sexist remarks, jokes and unwelcome advances. As courts are expected to ensure equality, any lawyer who makes an insensitive or demeaning comment in court should be admonished. (PhilJa)
V. Equality
CANON 5 - ENSURING EQUALITY OF TREATMENT TO ALL BEFORE THE COURTS IS ESSENTIAL TO THE DUE PERFORMANCE OF THE JUDICIAL OFFICE. This is a new Canon not found in the previous two Philippine Codes of Judicial Conduct. It expands the measures to promote equality required by international human rights agreements. Those agreements advocate a universal application of law and non-discrimination between the sexes. (PhilJa) Sec. 1. Judges shall be aware of, and understand, diversity in society and differences arising from various sources, including but not limited to race, color, sex, religion, national origin, caste, disability, age, marital status, sexual orientation, social and economic status and other like causes. Sec. 2. Judges shall not, in the performance of judicial duties, by words or conduct, manifest bias or prejudice towards any person or group on irrelevant grounds. Rule 137, Sec. 1 of the Rules of Court expressly states that no judge shall sit in
The action of the judge in seizing the witness, Alberto Angel, by the shoulder and turning him about was unwarranted and an interference with that freedom from unlawful personal violence to which every witness is entitled while giving testimony in a court of justice. Against such conduct the appellant had the right to protest and to demand that the incident be made a matter of record. That he did so was not contempt, providing protest and demand were respectfully made and with due regard for the dignity of the court. (In Re: Aguas (1901))
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VI. Competence and Diligence

CANON. 6 COMPETENCE AND DILIGENCE ARE PREREQUISITES TO THE DUE PERFORMANCE OF JUDICIAL OFFICE. Sec. 1. The judicial duties of a judge take precedence over all other activities. Sec. 2. Judges shall devote their professional activity to judicial duties, which include not only the performance of judicial functions and responsibilities in court and the making of decisions, but also other tasks relevant to the judicial office or the court's operations. In the instant case, respondent judge impeded the speedy disposition of cases by his successor on account of missing records of cases. This fact reflects an inefficient and disorderly system in the recording of cases assigned to his sala. Proper and efficient court management is as much the judge's responsibility for the Court personnel are not the guardians of a Judge's responsibilities. A judge is expected to ensure that the records of cases assigned to his sala are intact. There is no justification for missing records save fortuitous events. The loss of not one but eight records is indicative of gross misconduct and inexcusable negligence unbecoming of a judge. (Longboan v. Polig (1990)) Sec. 3. Judges shall take reasonable steps to maintain and enhance their knowledge, skills and personal qualities necessary for the proper performance of judicial duties, taking advantage for this purpose of the training and other facilities which should be made available, under judicial control, to judges. Even in the remaining years of his stay in the judiciary, he should keep abreast with the changes in the law and with the latest decisions and precedents. Although a judge is nearing retirement, he should not relax in his study of the law and court decisions. (Abad v. Bleza (1986)) The established doctrine and policy is that disciplinary proceedings and criminal actions against Judges are not complementary or suppletory of, nor a
substitute for, these judicial remedies, whether ordinary or extraordinary. Resort to and exhaustion of these judicial remedies are prerequisites for the taking of other measures against the persons of the judges concerned. It is only after the available judicial remedies have been exhausted and the appellate tribunals have spoken with finality that the door to an inquiry into his criminal, civil, or administrative liability may be said to have opened, or closed. (Maquiran v. Grageda, 451 SCRA 15 (2005)) Sec. 4. Judges shall keep themselves informed about relevant developments of international law, including international conventions and other instruments establishing human rights norms. Sec. 5. Judges shall perform all judicial duties, including the delivery of reserved decisions, efficiently, fairly and with reasonable promptness. Sec. 6. Judges shall maintain order and decorum in all proceedings before the court and be patient, dignified and courteous in relation to litigants, witnesses, lawyers and others with whom the judge deals in an official capacity. Judges shall require similar conduct of legal representatives, court staff and others subject to their influence, direction or control.
Sec. 7. Judges shall not engage in conduct incompatible with the diligent discharge of judicial duties. By issuing orders indefinitely postponing the hearing of election protest, the judge in De la Cruz v. Pascua manifested inefficiency in the disposition of an election protest case and thus overtly transgressed basic mandatory rules for expeditious resolution of cases. (De la Cruz v. Pascua, 359 SCRA 568 (2001))
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Chapter V. Discipline of Judges

I. LIABILITIES OF JUDGES II. DISCIPLINE OF MEMBERS OF THE BENCH
I. Liabilities of Judges
Statutory Basis
1987 Constitution, Art. VIII, Section 11. The members of the Supreme Court and judges of lower courts shall hold office during a good behavior until they reach the age of seventy years or become incapacitated to discharge the duties of their office. The Supreme Court en banc shall have the power to discipline judges of lower courts, or order their dismissal by a vote of majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon.
Misconduct implies malice or a wrongful intent, not a mere error of judgment. For serious misconduct to exist, there must be a reliable evidence showing that the judicial acts complained of were corrupt or were inspired by an intention to violate the law, or were in persistent disregard of wellknown legal rules. (In re: Impeachment of Horilleno, 43 Phil. 212) Inefficiency implies negligence, ignorance and carelessness. A judge would be inexcusably negligent if he failed to observe in the performance of his duties that diligence, prudence and circumspection which the law requires in the rendition of any public service. (In re: Climaco, 55 SCRA 107)
GENERAL RULE: A judge is not liable administratively, civilly or criminally when he acts within his power and jurisdiction. This frees the judge from apprehension of personal consequences to himself and to preserve the integrity and independence of the judiciary. EXCEPTION: Serious misconduct; inefficiency; gross and patent, or deliberate and malicious error; bad faith
MISCONDUCT Wrongful intention and not mere error in judgment (Raquiza vs. Castaneda, 82 SCRA 235) SERIOUS MISCONDUCT Exists when the judicial act complained of is corrupt or inspired by an intention to violate the law or a persistent disregard of well-known legal rules. (Galangi v. Macli-ing, Adm. Matter No. 75DJ, Jan. 17, 1978) SERIOUS INEFFICIENCY An example is negligence in the performance of duty, if reckless in character (Lapena v. Collado, 76 SCRA 82) ERROR OR IGNORANCE OF LAW Error or mistake must be gross or patent, malicious, deliberate or in bad faith. Must act fraudulently, corruptly or with gross ignorance. Caveat: Not every error or mistake of a judge in the performance of his duties makes him liable. To hold the judge administratively accountable for every erroneous ruling or decision he renders, assuming he has erred, would be nothing short of harassment and would make his position unbearable. (Secretary of Justice v. Marcos, 76 SCRA 301)
II. Discipline Bench
of
Members
of
the
GROUNDS 1) Serious misconduct 2) Inefficiency Instances of Serious Misconduct Which Merited Discipline by the Supreme Court: o Failure to deposit funds with the municipal treasurer or produce them despite his promise to do so (Montemayor v. Collado, 107 SCRA 258). Misappropriation of fiduciary funds (proceeds of cash bail bond) by depositing the check in his personal account, thus converting the trust fund into his own use (Barja v. Beracio, 74 SCRA 355). Extorting money from a party-litigant who has a case before his court (Haw Tay v. Singayao, 154 SCRA 107). Solicitation of donation for equipment (Lecaroz v. Garcia). office
CHAPTER V. DISCIPLINE OF JUDGES
Frequent unauthorized absences in office (Municipal Council of Casiguruhan, Quezon v. Morales, 61 SCRA 13).
Instances of Gross Inefficiency Which Merited Discipline by the Supreme Court o Delay in the disposition of cases in violation of the Canon that a judge must promptly dispose of all matters
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submitted to him. With or without the transcripts of stenographic notes, the 90-day period for deciding cases or resolving motions must be adhered to (Balagot v. Opinion, 195 SCRA 429). o Unduly granting repeated motions for postponement of a case (Araza v. Reyes, 64 SCRA 347). Unawareness of or unfamiliarity with the application of the Indeterminate Sentence Law and the duration and graduation of penalties (In re: Paulin, 101 SCRA 605). Reducing to a ridiculous amount (P6,000.00) the bail bond of the accused in a murder case thus enabling him to escape the toils of the law (Soriano v. Mabbayad, 67 SCRA 385). Imposing the penalty of subsidiary imprisonment on a party for failure to pay civil imdemnity in violation of R.A. 5465 (Monsanto v. Palarca, 126 SCRA 45).
CONDUCT: Administrative cases against lower court judges and justices are automatically treated as disbarment cases Quantum of evidence required: Beyond reasonable doubt. Rules for evidence: Same rules as in criminal trials EFFECT OF WITHDRAWAL, DESISTANCE, RETIREMENT OR PARDON The withdrawal of the case by the complainant, or the filing of an affidavit of desistance or the complainants loss of interest does not necessarily cause the dismissal thereof. REASON: To condition administrative actions upon the will of every complainant who for one reason or another, condones a detestable act is to strip the Supreme Court of its supervisory power to discipline erring members of the judiciary. (Anguluan v. Taguba, 93 SCRA 179) Desistance will not justify the dismissal of an administrative case if the records will reveal that the judge had not performed his duties. (Espayos v. Lee, 89 SCRA 478)
CHAPTER V. DISCIPLINE OF JUDGES
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Chapter VI. Frequently Asked Legal Forms

I. PARTS COMMON TO FORMS A. SCILICET B. CAPTIONS AND TITLES C. ACKNOWLEDGEMENT AND JURAT II. GENERAL FORMS A. DEED B. CONTRACT C. JUDICIAL FORM D. CRIMINAL INFORMATION E. AFFIDAVIT MOTIONS Applications to the court for interlocutory or interim orders PLEADINGS Seek final reliefs
C. Acknowledgement and Jurat

CHAPTER VI. FREQUENTLY ASKED LEGAL FORMS
Acknowledgment Declaration that a person has himself executed a deed Purpose: To authorize deed to be given in evidence without further proof of its execution To entitle it to be recorded Where used: To authenticate an agreement between two or more persons Document contains a disposition of property
Jurat Certification that the instrument was sworn to him Purpose: To give the document a legal character
Where used: Affidavits Certifications Statement of facts or attestation to the truth of an event, made under oath
Form 1. Acknowledgement
I. Parts Common to Forms

A. Scilicet Scilicet is represented by the double "S.S" at the end of the REPUBLIC OF THE PHILIPPINES and the CITY/PROVINCE/MUNICIPALITY of jurisdiction of the Notary Public, hence it denotes venue of execution of the instrument or document. Standard Form of Scilicet: REPUBLIC OF THE PHILIPPINES ) PROVINCE OF SORSOGON ) S.S. MUNICIPALITY OF PILAR ) B. Captions and Titles In general Form No. 1. Caption Common to all pleadings (SCILICET) A Plaintiff, -- versus -C Defendant OR IN THE MATTER OF _______ (When the case is a special proceeding. Case number
Acknowledgement with one signatory a) Ordinary Acknowledgment

)
Form
S.S. )
REPUBLIC OF THE PHILIPPINES CITY OF MANILA
BEFORE ME, a Notary Public in and for the City of Manila, this ___day of _________, 2009, personally appeared___________________with Community Tax Certificate No. ____________ issued at __________on __________2009, known to me and to me known to be the same person who executed the foregoing instrument and he acknowledged that the same is his own free and voluntary act and deed.
b) Acknowledgment Form for Sales of Real Property (consisting of two or more pages and conveying two or more parcels of land) (SCILICET)
BEFORE ME, a Notary Public in and for the City of Cebu, this ___ day of November, 2009, personally appeared ______ with Com. Tax Cert. (CTC) No. _____ issued at ___ on ____ and _______ with CTC No. _____ issued at ____on _____, personally known to me and to me known to be the same persons who executed the foregoing instrument which they signed and acknowledged before as their own free and voluntary and deed. The foregoing instrument relates to a DEED OF ABSOLUTE SALE of two (2) parcels of land, consisting of two (2) pages, including this page on which this acknowledgment is written, and has been signed at the bottom and on the left hand margin of the first page thereof, by the parties and their instrumental witnesses, and sealed with my notarial seal.
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WITNESS MY HAND AND SEAL, on the date and place first above written. Doc. No. ____ Page No. ___ Book No. ___ Series of 2009
of which I am the registered owner in fee simple, my title thereto being evidenced by Transfer (or Original) Certificate of Title No. ______, issued by the Register of Deeds of Makati City. It is hereby mutually agreed that the vendee shall bear all expenses for the execution and registration of this deed of sale. IN WITNESS WHEREOF, I have signed this deed this 7th day of July, 2007 at Makati City. MA YA MAN Vendor [Note: if vendor is married, marital consent must be secured; thus, the Deed must also indicate this. If vendor is married, then add the following:] With my consent: ASA WA Vendors Wife SIGNED IN THE PRESENCE OF: (Sgd.) MIRON 1 (Sgd.) MIRON 2
Form 2. Jurat
SUBSCRIBED AND SWORN to before me this ___day of _____,2009 at the City of Manila, affiant exhibited to me his Community Tax Certificate No. ________issued at ________on _______2009.
II. General Forms

A. Deed Deeds, or formal contracts under seal, are documents in which certain formalities are followed with the result that they can be enforced even if consideration is absent from the agreement. Parts of a Typical Deed (TAPCCSA) Title Announcement Parties, first and second Consideration Conveyance or act Signature Acknowledgement Deed of Sale: Parcel of Land* (appeared 8 times in bar)
Republic of the Philippines ) Makati City ) s.s. DEED OF ABSOLUTE SALE KNOW ALL MEN BY THESE PRESENTS: I, MA YA MAN, Filipino, single, and resident of _________________________, for and in consideration of the amount of _______________________, paid to me today by MA GU LANG, Filipino, single and resident of ________________ do hereby SELL, TRANSFER and CONVEY absolute and unconditionally unto said MA GU LANG that certain parcel(s) of land, together with the buildings and improvements thereon situated in the City of Makati, and more particularly described as follows: (Technical Description of property/ies; specify metes and bounds of the property/ies with approximate area thereof, as indicated on the face of the title)
Plus: Acknowledgment B. Contract Parts of a Typical Contract (TAPWATSA) Title Announcement Parties, first and second Whereas Agreement proper Terms or conditions Signature Acknowledgement Contract of Lease* (appeared 5 times in bar)
CONTRACT OF LEASE KNOW ALL MEN BY THESE PRESENTS: This Agreement made and entered into at Makati this 7th day of July 2007 by and between DAMI BAHAY, of legal age, married to ASA WA, (LESSOR) and resident of Makati City, and ALANG BAHAY, of legal age, single and resident of Quezon City (LESSEE), WITNESSETH that: 1. In consideration of a monthly rental of FIVE THOUSAND PESOS (P5,000.00) and the covenants made below, the LESSOR hereby LEASES to the LESSEE an apartment located at
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199 San Antonio Village, Makati City covered by Tax Declaration No. 001 (Makati City Assessors Office) for a period of TWELVE (12) MONTHS from signing of this contract. 2. The LESSEE covenants, as follows: 2.1. To pay the rentals on or before the fifth day of each month, without need of demand at the residence of LESSOR; 2.2. To keep the premises in good and habitable condition, making the necessary repairs and painting inside and outside the house; 2.3. Not to make major alterations and improvements without the written consent of the LESSOR and in the event of such unauthorized major alterations and improvements, surrendering ownership over such improvements and alterations to the LESSOR upon expiration of this lease; IN WITNESS WHEREOF, the parties have signed this contract on the date and the place first mentioned. DAMI BAHAY Lessor With my consent: ASA WA Acknowledgment BEFORE ME, a Notary Public for Makati City, personally appeared on the 7th of July 2007, the following persons, with their respective CTC details indicated below: DAMI BAHAY CTC No. _________ issued at/on ALANG BAHAY CTC No. _________ issued at/on known to me to be the same persons who executed the foregoing instrument, denominated as a Contract of Lease consisting of __ pages, signed on each and every page by the parties and their instrumental witnesses, having acknowledged the same before me as their own free and voluntary act and deed. TO THE TRUTH OF THE FOREGOING, witness now my hand and seal on the date and place mentioned above. N.O. TARIO Until December 31, 2007 PTR No. 0000111/1/05/99, Makati City Doc. No. Page No. Book No. Series of 2007. ANG BAHAY Lessee
C. Judicial form
Parts of a Typical Judicial Form (CTIBRAAA) Caption Title Introduction Body Relief Attorney Addendum Annexes D. Criminal Information Parts of a Typical Complaint (CTBAA) Caption Title Introduction Body Attorney Annex
Complaint Cause of action Prayer plus verification certification of non-forum shopping Answer Admission, defenses, or counterclaim Prayer plus verification statement of copy furnished the adverse party proof of service explanation
Complaint: Ejectment* (appeared 7 times in bar)

Regional Trial Court National Capital Judicial Region METROPOLITAN TRIAL COURT Quezon City, Branch 33 ALIS DI-YAN COMPANY, Plaintiff, - versus YOKO NGA, Defendant. x ------------------------ x COMPLAINT PLAINTIFF, by counsel, respectfully states that: 1. Plaintiff is a foreign corporation organized and existing under the laws of France with business address at 111 Ocean Drive, Tuna Compound, Quezon City; Defendant is a Filipino, of legal age, single and currently resident of 112 Ocean Drive, Tuna Compound, Quezon City, where he may be served with summons and other pertinent processes. Page 57 of 89 Civil Case No. 2222 For: Ejectment
2. Plaintiff owns that property located at 112 Ocean Drive, Tuna Compound, Quezon City which it leased to defendant under the terms and conditions stated in the Contract of Lease dated 1 January 2005, which contract expires on 31 December 2006. A copy of the contract is attached as ANNEX A. 3. Upon expiration of the contract, plaintiff informed defendant of its intention not to renew the lease as it would use the property for its business expansion; plaintiff then asked defendant to vacate the premises. A copy of plaintiffs letter to defendant is attached as ANNEX B. 4. Despite demand duly made and received, defendant has refused to vacate the premises and continues to occupy the property without plaintiffs consent. Resort to the Barangay conciliation system proved useless as defendant refused to appear before the Lupong Tagapamayapa. A Certification to File Action is attached as ANNEX C. 5. Defendants act of dispossession has caused plaintiff to suffer material injury because plaintiffs business expansion plans could not be implemented despite the arrival of machineries specifically leased for this purpose at the rental rate of US$500 per month. Defendants continued occupation of the premises has also forced plaintiff to sue and to incur legal expenses amounting to Fifty Thousand Pesos (P50,000.00). WHEREFORE, plaintiff respectfully prays for judgment in its favor by ordering defendant to vacate the property and peacefully turn over possession to plaintiff and for defendant to pay plaintiff the amount of US$3,500 representing rentals on the machineries for seven (7) months and Fifty Thousand Pesos (P50,000.00) for Attorneys fees. Other just and equitable reliefs are also prayed for. Quezon City; 13 April 2007. (Sgd.) ATTICUS FINCH Counsel for Plaintiff [Address] Plus: 1. Verification and Certification against Forum Shopping 2. Jurat
Criminal Information: Rape* (appeared 4 times in bar)

PEOPLE OF THE PHILIPPINES, Plaintiff, Criminal Case No. 00567 - versus For: Attempted Rape MAEL SIA, Accused. x ------------------------ x INFORMATION The undersigned accuses MAEL SIA of attempted rape committed as follows: That on or about 6 June 2005, in Quezon City, the accused did then and there wilfully, unlawfully and feloniously enter the house of SEK SEE, a married woman, and finding that her husband was away, with lewd designs and by means of force and intimidation, commenced directly by overt acts to commit the crime of attempted rape upon her person, to wit: while SEK SEE was cooking lunch, the accused seized her from behind, threw her to the floor, raised her skirt, pulled down her underwear and attempted to penetrate her with his sexual organ and would have succeeded in doing so had not her loud protests and vigorous resistance brought her neighbors to her assistance, causing the accused to flee from the premises without completing all the acts of execution. CONTRARY TO LAW with circumstance of dwelling. the aggravating
ELLIOT NESS Assistant City Prosecutor Plus: Certification of Preliminary Investigation or Inquest
Criminal Information: Homicide (frustrated, attempted) (appeared 5 times in bar)

PEOPLE OF THE PHILIPPINES, Plaintiff, - versus Criminal Case No. 00568 For: Attempted Homicide
KILING M. SOFTLI, Accused. x ------------------------ x INFORMATION The undersigned accuses KILING M. SOFTLI of the crime of ATTEMPTED HOMICIDE, committed as follows, to wit:
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That on or about April 27, 2009, at about 3 p.m., in the Municipality of San Jose, Province of Occidental Mindoro and within the jurisdiction of this Honorable Court, the said accused, armed with a jungle knife, and with evident intent to kill, did then and there willfully, unlawfully, and feloniously attack VETYLA PHIA with his said weapon, missing said VETYLA PHIA by only a fraction of an inch, and would have continued his criminal act had not the said VETYLA PHIA successfully resisted him with the help of some bystanders who responded to her cry for help. Contrary to law with the circumstance of superior strength. MOE FESTER Assistant City Prosecutor Plus: Certification of Preliminary Investigation or Inquest PEOPLE OF THE PHILIPPINES, Plaintiff, - versus Criminal Case No. 00568 For: Frustrated Homicide aggravating
Motion to Quash* (appeared 4 times in bar)

Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 90, Quezon City PEOPLE OF THE PHILIPPINES, Plaintiff, Criminal Case No. 00567 - versus For: Theft KLEPTO MANIAC, Accused. x ------------------------ x MOTION TO QUASH THE ACCUSED, by counsel, respectfully moves to quash the Information for the crime of theft on the following: GROUNDS 1. IT CONTAINS AVERMENTS TRUE, WOULD CONSTITUTE JUSTIFICATION; 2. WHICH, IF A LEGAL
THIS COURT IS WITHOUT JURISDICTION.
KILING M. SOFTLI, Accused. x ------------------------ x INFORMATION The undersigned accuses KILING M. SOFTLI of the crime of FRUSTRATED HOMICIDE, committed as follows, to wit: That on or about April 27, 2009, at about 3 p.m., in the Municipality of San Jose, Province of Occidental Mindoro and within the jurisdiction of this Honorable Court, the said accused, armed with a jungle knife, and with evident intent to kill, did then and there willfully, unlawfully, and feloniously attack one VETYLA PHIA inflicting mortal wounds in different parts of his body, which would have directly caused the death of said VETYLA PHIA , thus performing all acts of execution which would have produced the crime of homicide as a consequence, but nevertheless did not produce the same by reason of caused independent of his will, that is, because of thEe timely medical assistance rendered on the said VETYLA PHIA . Contrary to law with the aggravating circumstance abuse of superior strength. MOE FESTER Assistant City Prosecutor Plus: Certification of Preliminary Investigation or Inquest
In support, the accused respectfully states that: ARGUMENT The Information alleges that the accused KLEPTO MANIAC is eleven (11) years old and without any known address. Under Article 12, paragraph 3 of the Revised Penal Code, a person over nine years of age and under fifteen, unless he acted with discernment, is exempt from criminal liability. There is no allegation that the accused acted with discernment. Even granting said discernment, the accused cannot be tried but instead proceeded against under Article 80 of the Revised Penal Code, which provides that a minor, unless sixteen years of age at the time of the commission of a grave or less grave felony, cannot be tried but instead shall have the benefit of a suspension of all proceedings against him. The duty of the court would be to commit the minor to the custody or care of a public or private benevolent or charitable institution for the care and education of homeless and delinquent children or to the custody of the Department of Social Work and Development. WHEREFORE, it is respectfully prayed that the Information against the accused be QUASHED and that the accused be released immediately from detention.
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Quezon City; 7 July 2007.

(Sgd.) MITCH MCDEERE Counsel for the Accused [Address] Plus: 1. Request for and Notice of Hearing 2. Proof of Service
E. Affidavit or sworn statement Parts of a Typical Affidavit (CaTPOSSiJ) Caption Title Party Oath Statement Signature Jurat Special Power of Attorney* (asked 4 times in bar)
SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: I, OBI WAN KENOBI, of legal age, and resident of Tatooine, do hereby name, constitute and appoint PADME AMIDALA, of legal age, and resident of Naboo, to be my true and lawful Attorney-in-Fact and in my name, place and stead, do perform the following specific act(s): (Specify the particular act/s to be performed) Giving and granting unto said attorney-infact power and authority to do every act necessary and required in connection with these presents, and hereby ratifying and confirming all that she may do by virtue of these presents. IN WITNESS WHEREOF, I have signed this Special Power of Attorney this 7 July 2007 at Tatooine. (Sgd.) OBI WAN KENOBI Principal SIGNED IN THE PRESENCE OF: (Sgd.) R2D2 Plus: Acknowledgment (Sgd.) C3PO
* These forms were lifted from Prof. Theodore Tes Legal Forms v2007.
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Glossary of Uncommon Terms

ABJURE - to renounce, repudiate or retract,
esp. with solemnity, under oath; to recant. AB INITIO - from the beginning ABNEGATE - to refuse or deny oneself (rights, claims, conveniences, etc.); reject; give up ADDLEBRAINED - foolish; silly; having or revealingf a muddled or confused mind; stupid AD HOMINEM - appealing to one's prejudices, emotions or special interest rather than to intellect or reason, as by attacking one's opponent rather than debating the issue. ADVENTITIOUS - added extrinsically; not essentially inherent; out of the proper place or usual place. A FORTIORI - with stronger reason AGRESTIC - rural; crude; uncouth AIDE-MEMOIRE - a memorandum of a discussion; proposed agreement ALEATORY - depending or pertaining to chance, luck or contingency; unpredictable ALEXIPHARMAC - an antidote AMICUS CURIAE - a friend of the court; a person appointed by the court as an impartial adviser. AMORPHOUS - without definite form; shapeless, of no definite or particular type, kind or character; unorganized; vague. ANACHRONISM - the representation of something as existing or occurring at other than its proper time, esp. earlier; anything that is or seems to be out of its proper time in history ANCHORITE - a person who lives alone and apart from society for religious meditation; hermit; recluse ANDROGYNOUS - exhibiting both male and female characteristics, esp. sexual ones; hermaphroditic ANIMADVERT - to observe, censure; to comment or act upon something with disapproval; criticize adversely ANTEBELLUM - before the war ANTIPODE - anything diametrically opposed; exact opposite ANTITHESIS - opposition; contrast; the direct opposite APHORISM - a terse, pithy expression embodying a wise or clever observation or a general truth; maxim; adage APOCALYPTIC - prophesying total destruction or great disasters; affording a revelation or prophesy; pertaining to the Apocalypse APOCRYPHAL - of doubtful sanction, authorship or authority; uncanonical; false; spurious; counterfeit APOGEE - the farthest or highest point A POSTERIORI - from the effect to the cause; reasoning sequence opposed to a priori A PRIORI - reasoning sequence from cause to effect
ARGUMENTUM ARGUMENTUM
AD
ADSURDUM
absurdity
of
argument proving the opponent's argument
an an
AD HOMINEM - an argument to the individual man, i.e., to his interests and prejudices ATHWART - across; against; opposed ATRABILIOUS - sad; melancholy; morose; gloomy; irritable; bad-tempered AUTARKY - national economic self-sufficiency; a national policy of economic independence, esp. of getting along without imports AUTODIDACT - a person who is self-taught AVANT GARDE - the advance group, the leaders, or the radical in any field, esp. in the visual, literary or musical arts, whose works are characterized by unorthodox and experimental methods; vanguard BAGATELLE - something of little value; an unimportant trifle; a short, light piece of music BEAU COUP - very much; very many BEAU GESTE - a fine or beautiful gesture; an act or offer that seems fine, noble but is empty BEAU MONDE - fashionable society; elegant world BELLWETHER - a leader of a movement or activity BETE NOIRE - something or someone that a person particularly dislikes, fears, avoids, dreads or loathes BILLINGSGATE - coarsely or vulgarly abusive language BLANDISHMENT - speech or action that flatter and tends to coax, entice or persuade; allurement BLOVIATE - to orate verbosely and windily BONHOME - good nature; pleasant and easy manner BON VIVANT - a person who lives luxuriously and enjoys good food and drink; an epicure BRAVURA - a display of daring; brilliant performance; dash BRIO - animation; vivacity; zest BUMPTIOUS offensively assertive; disagreeably or excessively conceited, arrogant or forward CACHINNATE - to laugh loudly, immoderately or excessively CADGE - to obtain by imposing on another's generosity or friendship; to borrow without intent to repay CARTE BLANCHE full power or authorization CAVEAT EMPTOR - let the buyer beware CAVIL - a trivial, annoying and pointless objection; quibble; the raising of trivial questions CHIMERA - a horrible or unreal creature of the imagination; a vain, impossible or idle fancy CHUTZPAH - unmitigated effrontery or impudence; shameless audacity; insolence CLAUDICANT - lame; having a limp
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GLOSSARY OF UNCOMMON TERMS
CLERISY - learned persons as a class; literati;

intelligentsia; educated people as a class CLOY - to weary by an excess of something, as of food; sweetness, richness or pleasure; surfeit; satiate; to become uninteresting or distasteful through overabundance COGITATE - to think deeply or intently; to ponder; to meditate COGNOSCENTI - those who are well-informed or have superior knowledge and understanding of a certain field, esp. of fine arts, literature or the world of fashion COLLOCATE - to arrange or place together, esp. side by side; to arrange in proper order COMMINATE - to threaten with divine vengeance COMPOS MENTIS - of sound mind CONCATENATION - a series of links united; a series or order of things depending on each other as if linked together; a chain; succession CONDIGN - suitable to the fault or crime; deserved; adequate CONTRETEMPS - an inopportune or unfortunate occurrence; an embarrassing mischance; awkward mishap CONUNDRUM - a riddle whose answer involves a pun; any puzzling question or problem COUP DE GRACE - a death blow, esp. one delivered mercifully to end suffering by a mortally wounded person; any finishing or decisive stroke CUMSHOW - a present, gratuity or tip DEBOUCH - to come forth; emerge DECLASSE - reduced to or having low status DEFENESTRATION - the act of throwing a person or thing out of a window; a tossing out through a window DEMIMONDE - a class of women who have lost social standing because of indiscreet behavior or sexual promiscuity DEMOTIC - of or pertaining to the common people; popular; common DE RIGUEUR - strictly required, as by etiquette, usage or fashion DESULTORY - lacking in consistency, constancy, or visible order; disconnected; not methodical DETRITUS - loose material that is worn away from rocks, debris DIKTAT - a harsh settlement unilaterally imposed on a defeated party; an authoritative decree or order EBULLIENT - overflowing with enthusiasm or excitement EFFULGENCE - the state of being bright or radiant; brilliance ESURIENT - hungry; voracious; greedy EXIGUOUS - extremely scanty; meager EX PARTE - from one side only; other party is not around or absent EX TEMPORE - without preparation; impromptu
FAIT ACCOMPLI - a thing already done FALSUS IN UNO, FALSUS IN OMNIBUS false in one thing, false in everything. Legally, the entire testimony of a witness may be disregarded if some part of it is found to be false. FARRAGO - a confused mixture; an assortment; a medley FAUX PAS - a false step; a social blunder FRIABLE - easily crumbled; pulverized or reduced to powder FURBELOW - something showy or superfluous GAUCHERIE - lack of social grace; tactlessness GLABRIOUS - smooth; bald; without hair GRACILE - gracefully slender; thin GRANDILOQUENT - speaking or expressed in a lofty highfalluting, pompous or bombastic style GRAVAMEN - the essential part of an accusation or that which weighs most heavily or adversely against the accused GRAVID - in the family way or pregnant HABEAS CORPUS - a legal order directing somebody with custody of a person to bring the party in court HALCYON - peaceful; calm; tranquil HOLOGRAPHIC - wholly written by the person in whose name it appears, applies particularly to wills and testaments IN ARTICULO MORTIS (IN EXTREMIS) - at the point of death INCHOATE - in the early stages; not yet completely or clearly formed or organized; incipient INCULPATE - to charge with fault; blame, accuse or involve in a charge INEFFABLE - incapable of being expressed in words; unspeakable; indescribable INELUCTABLE - impossible to avoid or evade; inevitable IN LOCO PARENTIS - in the place of a parent IPSO FACTO - by the fact itself; by the nature of the case JINGO - a person who professes patriotism loudly or excessively KVETCH - to complain; to whine LAMBENT - playing lightly on or over a surface; flickering as a lambent flame LEGERDEMAIN - sleight of hand LOGORRHEA - excessive talkativeness or wordiness MODUS VIVENDI - mode of living MOIETY - one of equal parts; an indefinite part NE PLUS ULTRA - the highest point or culmination; the highest point of perfection NIHILISM - total rejection of established laws and institutions; extreme skepticism NOBLESSE OBLIGE - the moral obligation of the rich to display honorable or charitable conduct NON COMPOS MENTIS - not of sound mind
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NON SEQUITUR - conclusion that does not

follow logically from the premises; a remark having no bearing on what has just been said NUGATORY - of no real value; of no force or effect; ineffective OBITER DICTUM - in court decisions, a statement made by way of opinion ONUS PROBANDI - the burden of proof OXYMORON - a figure of speech in which opposite or contradictory ideas or terms are combined, such as open secret, cruel kindness, deafening silence POLEMIC - a person inclined to engage in argument or disputation PROLIX - unnecessarily long; tending to speak or write excessive length PUTATIVE - to suppose; consider; reputed; generally considered or deemed such QUID PRO QUO - something in return; compensation QUOTIDIAN - daily; occurring or recurring daily; ordinary; common RAPPROCHEMENT - bringing together; drawing closer; reconciliation RATIOCINATION - the process of reasoning RECHERCHE - sought out with care; choice; too refined; too studied SERIATIM - in a series; one after another SUB JUDICE - under consideration by the court; pending judgement SYBARITE - a person devoted to luxury and pleasure TEMERARIOUS recklessly or presumptuously daring UMBRAGE - offense; resentment; annoyance or displeasure USUFRUCT - the right to use or benefit from something which belongs to another, short of destroying or harming it; the use, enjoyment or profitable possession of something UXURIOUS - doting upon, irrationally fond of or affectionately over abusive toward one's wife VERISIMILITUDE - the appearance or semblance of truth or fact; probability; something having merely the appearance of truth VOLTE FACE - the act of turning so as to face in the opposite direction; a complete change of attitude or opinion
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Annexes
SPECIAL RULES FOR THE PRACTICE OF LAW K. 2004 RULES ON NOTARIAL PRACTICE L. BM 850 MCLE M. BM 2012 RULE ON MANDATORY LEGAL SERVICE INDIGENT CLIENTS N. RA 6033 O. RA 6034 P. RA 6035 Q. PD 543 SPECIAL LAW ON RETIRED JUSTICE AND JUDGES R. RA 910 S. PD 1438 LAW ON OBSTRUCTION OF JUSTICE T. PD 1829
b. is attested to be personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules; and c. represents to the notary public that the signature on the instrument or document was voluntarily affixed by him for the purposes stated in the instrument or document, declares that he has executed the instrument or document as his free and voluntary act and deed, and, if he acts in a particular representative capacity, that he has the authority to sign in that capacity. Sec. 2. Affirmation or Oath. - The term "Affirmation" or "Oath" refers to an act in which an individual on a single occasion: a. appears in person before the notary public; b. is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules; and c. avows under penalty of law to the whole truth of the contents of the instrument or document. Sec. 3. Commission. - "Commission" refers to the grant of authority to perform notarial acts and to the written evidence of the authority. Sec. 4. Copy Certification. - "Copy Certification" refers to a notarial act in which a notary public: a. is presented with an instrument or document that is neither a vital record, a public record, nor publicly recordable; b. copies or supervises the copying of the instrument or document; c. compares the instrument or document with the copy; and d. determines that the copy is accurate and complete. Sec. 5. Notarial Register. - "Notarial Register" refers to a permanently bound book with numbered pages containing a chronological record of notarial acts performed by a notary public. Sec. 6. Jurat. - "Jurat" refers to an act in which an individual on a single occasion: a. appears in person before the notary public and presents an instrument or document; b. is personally known to the notary public or identified by the notary public
Special Rules on the Practice of Law

A. 2004 Rules on Notarial Practice
2004 Rules on Notarial Practice (Aug. 1, 2004) RULE I IMPLEMENTATION Sec. 1. Title. - These Rules shall be known as the 2004 Rules on Notarial Practice. Sec. 2. Purposes. - These Rules shall be applied and construed to advance the following purposes: a. to promote, serve, and protect public interest; b. to simplify, clarify, and modernize the rules governing notaries public; and c. to foster ethical conduct among notaries public. Sec. 3. Interpretation. - Unless the context of these Rules otherwise indicates, words in the singular include the plural, and words in the plural include the singular. RULE II DEFINITIONS Sec. 1. Acknowledgment. "Acknowledgment" refers to an act in which an individual on a single occasion: a. appears in person before the notary public and presents an integrally complete instrument or document;
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through competent evidence of identity as defined by these Rules; c. signs the instrument or document in the presence of the notary; and d. takes an oath or affirmation before the notary public as to such instrument or document. Sec. 7. Notarial Act and Notarization. "Notarial Act" and "Notarization" refer to any act that a notary public is empowered to perform under these Rules. Sec. 8. Notarial Certificate. - "Notarial Certificate" refers to the part of, or attachment to, a notarized instrument or document that is completed by the notary public, bears the notary's signature and seal, and states the facts attested to by the notary public in a particular notarization as provided for by these Rules. Sec. 9. Notary Public and Notary. - "Notary Public" and "Notary" refer to any person commissioned to perform official acts under these Rules. Sec. 10. Principal. - "Principal" refers to a person appearing before the notary public whose act is the subject of notarization. Sec. 11. Regular Place of Work or Business. - The term "regular place of work or business" refers to a stationary office in the city or province wherein the notary public renders legal and notarial services. Sec. 12. Competent Evidence of Identity. The phrase "competent evidence of identity" refers to the identification of an individual based on: a. at least one current identification document issued by an official agency bearing the photograph and signature of the individual; or b. the oath or affirmation of one credible witness not privy to the instrument, document or transaction who is personally known to the notary public and who personally knows the individual, or of two credible witnesses neither of whom is privy to the instrument, document or transaction who each personally knows the individual and shows to the notary public documentary identification. Sec. 13. Official Seal or Seal. - "Official seal" or "Seal" refers to a device for affixing a mark, image or impression on all papers
officially signed by the notary public conforming the requisites prescribed by these Rules. Sec. 14. Signature Witnessing. -The term "signature witnessing" refers to a notarial act in which an individual on a single occasion: a. appears in person before the notary public and presents an instrument or document; b. is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules; and c. signs the instrument or document in the presence of the notary public. Sec. 15. Court. - "Court" refers to the Supreme Court of the Philippines. Sec. 16. Petitioner. - "Petitioner" refers to a person who applies for a notarial commission. Sec. 17. Office of the Court Administrator. "Office of the Court Administrator" refers to the Office of the Court Administrator of the Supreme Court. Sec. 18. Executive Judge. - "Executive Judge" refers to the Executive Judge of the Regional Trial Court of a city or province who issues a notarial commission. Sec. 19. Vendor - "Vendor" under these Rules refers to a seller of a notarial seal and shall include a wholesaler or retailer. Sec. 20. Manufacturer. - "Manufacturer" under these Rules refers to one who produces a notarial seal and shall include an engraver and seal maker. RULE III COMMISSIONING OF NOTARY PUBLIC Sec. 1. Qualifications. - A notarial commission may be issued by an Executive Judge to any qualified person who submits a petition in accordance with these Rules. To be eligible for commissioning as notary public, the petitioner: 1. must be a citizen of the Philippines; 2. must be over twenty-one (21) years of age; 3. must be a resident in the Philippines for at least one (1) year and maintains a regular place of work or business in the
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city or province where the commission is to be issued; 4. must be a member of the Philippine Bar in good standing with clearances from the Office of the Bar Confidant of the Supreme Court and the Integrated Bar of the Philippines; and 5. must not have been convicted in the first instance of any crime involving moral turpitude. Sec. 2. Form of the Petition and Supporting Documents. - Every petition for a notarial commission shall be in writing, verified, and shall include the following: a. a statement containing the petitioner's personal qualifications, including the petitioner's date of birth, residence, telephone number, professional tax receipt, roll of attorney's number and IBP membership number; , b. certification of good moral character of the petitioner by at least two (2) executive officers of the local chapter of the Integrated Bar of the Philippines where he is applying for commission; c. proof of payment for the filing of the petition as required by these Rules; and d. three (3) passport-size color photographs with light background taken within thirty (30) days of the application. The photograph should not be retouched. The petitioner shall sign his name at the bottom part of the photographs. Sec. 3. Application Fee. - Every petitioner for a notarial commission shall pay the application fee as prescribed in the Rules of Court. Sec. 4. Summary Hearing on the Petition. The Executive Judge shall conduct a summary hearing on the petition and shall grant the same if: a. the petition is sufficient in form and substance; b. the petitioner proves the allegations contained in the petition; and c. the petitioner establishes to the satisfaction of the Executive Judge that he has read and fully understood these Rules. The Executive Judge shall forthwith issue a commission and a Certificate of Authorization to Purchase a Notarial Seal in favor of the petitioner.
Sec. 5. Notice of Summary Hearing. a. The notice of summary hearing shall be published in a newspaper of general circulation in the city or province where the hearing shall be conducted and posted in a conspicuous place in the offices of the Executive Judge and of the Clerk of Court. The cost of the publication shall be borne by the petitioner. The notice may include more than one petitioner. b. The notice shall be substantially in the following form;
NOTICE OF HEARING Notice is hereby given that a summary hearing on the petition for notarial commission of (name of petitioner) shall be held on (date) at (place) at (time). Any person who has any cause or reason to object to the grant of the petition may file a verified written opposition thereto, received by the undersigned before the date of the summary hearing. ______________ Executive Judge
Sec. 6. Opposition to Petition. - Any person who has any cause or reason to object to the grant of the petition may file a verified written opposition thereto. The opposition must be received by the Executive Judge before the date of the summary hearing. Sec. 7. Form of Notarial Commission. - The commissioning of a notary public shall be in a formal order signed by the Executive Judge substantially in the following form:
REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT OF __________ This is to certify that (name of notary public) of (regular place of work or business) in (city or province) was on this (date) day of (month) two thousand and (year) commissioned by the undersigned as a notary public, within and for the said jurisdiction, for a term ending the thirty-first day of December (year) _______________ Executive Judge
ANNEXES
Sec. 8. Period Of Validity of Certificate of Authorization to Purchase a Notarial Seal. The Certificate of Authorization to Purchase a Notarial Seal shall be valid for a period of three (3) months from date of issue, unless extended by the Executive Judge. A mark, image or impression of the seal that may be purchased by the notary public pursuant to the Certificate shall be presented to the Executive Judge for approval prior to use.
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Sec. 9. Form of Certificate of Authorization to Purchase a Notarial Seal. -The Certificate of Authorization to Purchase a Notarial Seal shall substantially be in the following form:
REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT OF___________ CERTIFICATE OF AUTHORIZATION TO PURCHASE A NOTARIAL SEAL This is to authorize (name of notary public) of (city or province) who was commissioned by the undersigned as a notary public, within and for the said jurisdiction, for a term ending, the thirty-first of December (year) to purchase a notarial seal. Issued this (day) of (month) (year). _______________ Executive Judge
The notary public thus removed from the Register of Notaries Public may only be reinstated therein after he is issued a new commission in accordance with these Rules. Sec. 14. Action on Application for Renewal of Commission. - The Executive Judge shall, upon payment of the application fee mentioned in Section 3 above of this Rule, act on an application for the renewal of a commission within thirty (30) days from receipt thereof. If the application is denied, the Executive Judge shall state the reasons therefore. RULE IV POWERS AND NOTARIES PUBLIC
LIMITATIONS
OF
Sec. 10. Official Seal of Notary Public. Every person commissioned as notary public shall have only one official seal of office in accordance with these Rules. Sec. 11. Jurisdiction and Term. - A person commissioned as notary public may perform notarial acts in any place within the territorial jurisdiction of the commissioning court for a period of two (2) years commencing the first day of January of the year in which the commissioning is made, unless earlier revoked or the notary public has resigned under these Rules and the Rules of Court. Sec. 12. Register of Notaries Public. - The Executive Judge shall keep and maintain a Register of Notaries Public in his jurisdiction which shall contain, among others, the dates of issuance or revocation or suspension of notarial commissions, and the resignation or death of notaries public. The Executive Judge shall furnish the Office of the Court Administrator information and data recorded in the register of notaries public. The Office of the Court Administrator shall keep a permanent, complete and updated database of such records. Sec. 13. Renewal of Commission. - A notary public may file a written application with the Executive Judge for the renewal of his commission within forty-five (45) days before the expiration thereof. A mark, image or impression of the seal of the notary public shall be attached to the application. Failure to file said application will result in the deletion of the name of the notary public in the register of notaries public.
Sec. 1. Powers. a. A notary public is empowered to perform the following notarial acts: 1. acknowledgments; 2. oaths and affirmations; 3. jurats; 4. signature witnessings; 5. copy certifications; and 6. any other act authorized by these Rules. b. A notary public is authorized to certify the affixing of a signature by thumb or other mark on an instrument or document presented for notarization if: 1. the thumb or other mark is affixed in the presence of the notary public and of two (2) disinterested and unaffected witnesses to the instrument or document; 2. both witnesses sign their own names in addition to the thumb or other mark; 3. the notary public writes below the thumb or other mark: "Thumb or Other Mark affixed by (name of signatory by mark) in the presence of (names and addresses of witnesses) and undersigned notary public"; and 4. the notary public notarizes the signature by thumb or other mark through an acknowledgment, jurat, or signature witnessing. c. A notary public is authorized to sign on behalf of a person who is physically unable to sign or make a mark on an instrument or document if:
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1. the notary public is directed by the person unable to sign or make a mark to sign on his behalf; 2. the signature of the notary public is affixed in the presence of two disinterested and unaffected witnesses to the instrument or document; 3. both witnesses sign their own names ; 4. the notary public writes below his signature: "Signature affixed by notary in presence of (names and addresses of person and two \2] witnesses)"; and 5. the notary public notarizes his signature by acknowledgment or jurat. Sec. 2. Prohibitions. a. A notary public shall not perform a notarial act outside his regular place of work or business; provided, however, that on certain exceptional occasions or situations, a notarial act may be performed at the request of the parties in the following sites located within his territorial jurisdiction: 1. public offices, convention halls, and similar places where oaths of office may be administered; 2. public function areas in hotels and similar places for the signing of instruments or documents requiring notarization; 3. hospitals and other medical institutions where a party to an instrument or document is confined for treatment; and 4. any place where a party to an instrument or document requiring notarization is under detention. b. A person shall not perform a notarial act if the person involved as signatory to the instrument or document 1. is not in the notary's presence personally at the time of the notarization; and 2. is not personally known to the notary public or otherwise identified by the notary public through competent evidence of identity as defined by these Rules. Sec. 3. Disqualifications. - A notary public is disqualified from performing a notarial act if he: a. is a party to the instrument or document that is to be notarized;
b. will receive, as a direct or indirect result, any commission, fee, advantage, right, title, interest, cash, property, or other consideration, except as provided by these Rules and by law; or c. is a spouse, common-law partner, ancestor, descendant, or relative by affinity or consanguinity of the principal within the fourth civil degree. Sec. 4. Refusal to Notarize. - A notary public shall not perform any notarial act described in these Rules for any person requesting such an act even if he tenders the appropriate fee specified by these Rules if: a. the notary knows or has good reason to believe that the notarial act or transaction is unlawful or immoral; b. the signatory shows a demeanor which engenders in the mind of the notary public reasonable doubt as to the former's knowledge of the consequences of the transaction requiring a notarial act; and c. in the notary's judgment, the signatory is not acting of his or her own free will.
ANNEXES
Sec. 5. False or Incomplete Certificate. - A notary public shall not: a. execute a certificate containing information known or believed by the notary to be false. b. affix an official signature or seal on a notarial certificate that is incomplete. Sec. 6. Improper Instruments or Documents. - A notary public shall not notarize: a. a blank or incomplete instrument or document; or b. an instrument or document without appropriate notarial certification. RULE V FEES OF NOTARY PUBLIC Sec. 1. Imposition and Waiver of Fees. - For performing a notarial act, a notary public may charge the maximum fee as prescribed by the Supreme Court unless he waives the fee in whole or in part. Sec. 2. Travel Fees and Expenses. - A notary public may charge travel fees and expenses separate and apart from the notarial fees prescribed in the preceding section when traveling to perform a notarial act if the notary public and the person
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requesting the notarial act agree prior to the travel. Sec. 3. Prohibited Fees. - No fee or compensation of any kind, except those expressly prescribed and allowed herein, shall be collected or received for any notarial service. Sec. 4. Payment or Refund of Fees. - A notary public shall not require payment of any fees specified herein prior to the performance of a notarial act unless otherwise agreed upon. Any travel fees and expenses paid to a notary public prior to the performance of a notarial act are not subject to refund if the notary public had already traveled but failed to complete in whole or in part the notarial act for reasons beyond his control and without negligence on his part. Sec. 5. Notice of Fees. - A notary public who charges a fee for notarial services shall issue a receipt registered with the Bureau of Internal Revenue and keep a journal of notarial fees. He shall enter in the journal all fees charged for services rendered. A notary public shall post in a conspicuous place in his office a complete schedule of chargeable notarial fees. RULE VI NOTARIAL REGISTER Sec. 1. Form of Notarial Register. a. A notary public shall keep, maintain, protect and provide for lawful inspection as provided in these Rules, a chronological official notarial register of notarial acts consisting of a permanently bound book with numbered pages. The register shall be kept in books to be furnished by the Solicitor General to any notary public upon request and upon payment of the cost thereof. The register shall be duly paged, and on the first page, the Solicitor General shall certify the number of pages of which the book consists. For purposes of this provision, a Memorandum of Agreement or Understanding may be entered into by the Office of the Solicitor General and the Office of the Court Administrator. b. A notary/ public shall keep only one active notarial register at any given time.
Sec. 2. Entries in the Notarial Register. a. For every notarial act, the notary shall record in the notarial register at the time of notarization the following: 1. the entry number and page number; 2. the date and time of day of the notarial act; 3. the type of notarial act; 4. the title or description of the instrument, document or proceeding; 5. the name and address of each principal; 6. the competent evidence of identity as defined by these Rules if the signatory is not personally known to the notary; 7. the name and address of each credible witness swearing to or affirming the person's identity; 8. the fee charged for the notarial act; 9. the address where the notarization was performed if not in the notary's regular place of work or business; and 10. any other circumstance the notary public may deem of significance or relevance. b. A notary public shall record in the notarial register the reasons and circumstances for not completing a notarial act. c. A notary public shall record in the notarial register the circumstances of any request to inspect or copy an entry in the notarial register, including the requester's name, address, signature, thumb mark or other recognized identifier, and evidence of identity. The reasons for refusal to allow inspection or copying of a journal entry shall also be recorded. d. When the instrument or document is a contract, the notary public shall keep an original copy thereof as part of his records and enter in said records a brief description of the substance thereof and shall give to each entry a consecutive number, beginning with number one in each calendar year. He shall also retain a duplicate original copy for the Clerk of Court. e. The notary public shall give to each instrument or document executed, sworn to, or acknowledged before him a number corresponding to the one in his register, and shall also state on the instrument or document the page/s of his register on which the same is
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recorded. No blank line shall be left between entries. f. In case of a protest of any draft, bill of exchange or promissory note, the notary public shall make a full and true record of all proceedings in relation thereto and shall note therein whether the demand for the sum of money was made, by whom, when, and where; whether he presented such draft, bill or note; whether notices were given, to whom and in what manner; where the same was made, when and to whom and where directed; and of every other fact touching the same. g. At the end of each week, the notary public shall certify in his notarial register the number of instruments or documents executed, sworn to, acknowledged, or protested before him; or if none, this certificate shall show this fact. h. A certified copy of each month's entries and a duplicate original copy of any instrument acknowledged before the notary public shall, within the first ten (10) days of the month following, be forwarded to the Clerk of Court and shall be under the responsibility of such officer. If there is no entry to certify for the month, the notary shall forward a statement to this effect in lieu of certified copies herein required. Sec. 3. Signatures and Thumbmarks. - At the time of notarization, the notary's notarial register shall be signed or a thumb or other mark affixed by each: a. principal; b. credible witness swearing or affirming to the identity of a principal; and c. witness to a signature by thumb or other mark, or to a signing by the notary public on behalf of a person physically unable to sign. Sec. 4. Inspection, Copying and Disposal. a. In the notary's presence, any person may inspect an entry in the notarial register, during regular business hours, provided; 1. the person's identity is personally known to the notary public or proven through competent evidence of identity as defined in these Rules; 2. the person affixes a signature and thumb or other mark or other recognized identifier, in the notarial .register in a separate, dated entry;
3. the person specifies the month, year, type of instrument or document, and name of the principal in the notarial act or acts sought; and 4. the person is shown only the entry or entries specified by him. b. The notarial register may be examined by a law enforcement officer in the course of an official investigation or by virtue of a court order. c. If the notary public has a reasonable ground to believe that a person has a criminal intent or wrongful motive in requesting information from the notarial register, the notary shall deny access to any entry or entries therein. Sec. 5. Loss, Destruction or Damage of Notarial Register. a. In case the notarial register is stolen, lost, destroyed, damaged, or otherwise rendered unusable or illegible as a record of notarial acts, the notary public shall, within ten (10) days after informing the appropriate law enforcement agency in the case of theft or vandalism, notify the Executive Judge by any means providing a proper receipt or acknowledgment, including registered mail and also provide a copy or number of any pertinent police report. b. Upon revocation or expiration of a notarial commission, or death of the notary public, the notarial register and notarial records shall immediately be delivered to the office of the Executive Judge. Sec. 6. Issuance of Certified True Copies. The notary public shall supply a certified true copy of the notarial record, or any part thereof, to any person applying for such copy upon payment of the legal fees. RULE VII SIGNATURE PUBLIC
ANNEXES
AND
SEAL
OF
NOTARY
Sec. 1. Official Signature. - In notarizing a paper instrument or document, a notary public shall: a. sign by hand on the notarial certificate only the name indicated and as appearing on the notary's commission; b. not sign using a facsimile stamp or printing device; and
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c. affix his official signature only at the time the notarial act is performed. Sec. 2. Official Seal. a. Every person commissioned as notary public shall have a seal of office, to be procured at his own expense, which shall not be possessed or owned by any other person. It shall be of metal, circular in shape, two inches in diameter, and shall have the name of the city or province and the word "Philippines" and his own name on the margin and the roll of attorney's number on the face thereof, with the words "notary public" across the center. A mark, image or impression of such seal shall be made directly on the paper or parchment on which the writing appears. b. The official seal shall be affixed only at the time the notarial act is performed and shall be clearly impressed by the notary public on every page of the instrument or document notarized. c. When not in use, the official seal shall be kept safe and secure and shall be accessible only to the notary public or the person duly authorized by him. d. Within five (5) days after the official seal of a notary public is stolen, lost, damaged or other otherwise rendered unserviceable in affixing a legible image, the notary public, after informing the appropriate law enforcement agency, shall notify the Executive Judge in writing, providing proper receipt or acknowledgment, including registered mail, and in the event of a crime committed, provide a copy or entry number of the appropriate police record. Upon receipt of such notice, if found in order by the Executive Judge, the latter shall order the notary public to cause notice of such loss or damage to be published, once a week for three (3) consecutive weeks, in a newspaper of general circulation in the city or province where the notary public is commissioned. Thereafter, the Executive Judge shall issue to the notary public a new Certificate of Authorization to Purchase a Notarial Seal. e. Within five (5) days after the death or resignation of the notary public, or the revocation or expiration of a notarial commission, the official seal shall be surrendered to the Executive Judge and shall be destroyed or defaced in public
during office hours. In the event that the missing, lost or damaged seal is later found or surrendered, it shall be delivered by the notary public to the Executive Judge to be disposed of in accordance with this section. Failure to effect such surrender shall constitute contempt of court. In the event of death of the notary public, the person in possession of the official seal shall have the duty to surrender it to the Executive Judge. Sec. 3. Seal Image. - The notary public shall affix a single, clear, legible, permanent, and photographically reproducible mark, image or impression of the official seal beside his signature on the notarial certificate of a paper instrument or document. Sec. 4. Obtaining and Providing Seal. a. A vendor or manufacturer of notarial seals may not sell said product without a written authorization from the Executive Judge. b. Upon written application and after payment of the application fee, the Executive Judge may issue an authorization to sell to a vendor or manufacturer of notarial seals after verification and investigation of the latter's qualifications. The Executive Judge shall charge an authorization fee in the amount of Php 4,000 for the vendor and Php 8,000 for the manufacturer. If a manufacturer is also a vendor, he shall only pay the manufacturer's authorization fee. c. The authorization shall be in effect for a period of four (4) years from the date of its issuance and may be renewed by the Executive Judge for a similar period upon payment of the authorization fee mentioned in the preceding paragraph. d. A vendor or manufacturer shall not sell a seal to a buyer except upon submission of a certified copy of the commission and the Certificate of Authorization to Purchase a Notarial Seal issued by the Executive Judge. A notary public obtaining a new seal as a result of change of name shall present to the vendor or manufacturer a certified copy of the Confirmation of the Change of Name issued by the Executive Judge. e. Only one seal may be sold by a vendor or manufacturer for each Certificate of Authorization to Purchase a Notarial Seal,
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f.
After the sale, the vendor or manufacturer shall affix a mark, image or impression of the seal to the Certificate of Authorization to Purchase a Notarial Seal and submit the completed Certificate to the Executive Judge. Copies of the Certificate of Authorization to Purchase a Notarial Seal and the buyer's commission shall be kept in the files of the vendor or manufacturer for four (4) years after the sale. g. A notary public obtaining a new seal as a result of change of name shall present to the vendor a certified copy of the order confirming the change of name issued by the Executive Judge. RULE VIII NOTARIAL CERTIFICATES Sec. 1. Form of Notarial Certificate. - The notarial form used for any notarial instrument or document shall conform to all the requisites prescribed herein, the Rules of Court and all other provisions of issuances by the Supreme Court and in applicable laws. Sec. 2. Contents of the Concluding Part of the Notarial Certificate. - The notarial certificate shall include the following: a. the name of the notary public as exactly indicated in the commission; b. the serial number of the commission of the notary public; c. the words "Notary Public" and the province or city where the notary public is commissioned, the expiration date of the commission, the office address of the notary public; and d. the roll of attorney's number, the professional tax receipt number and the place and date of issuance thereof, and the IBP membership number. RULE IX CERTIFICATE OF NOTARIES PUBLIC
CERTIFICATE OF AUTHORITY FOR A NOTARIAL ACT I, (name, title, jurisdiction of the Executive Judge), certify that (name of notary public), the person named in the seal and signature on the attached document, is a Notary Public in and for the (City/Municipality/Province) of the Republic of the Philippines and authorized to act as such at the time of the document's notarization. IN WITNESS WHEREOF, I have affixed below my signature and seal of this office this (date) day of (month) (year). _________________ (official signature) (seal of Executive Judge)
RULE X CHANGES PUBLIC
OF
STATUS
OF
NOTARY
Sec. 1. Change of Name and Address. Within ten (10) days after the change of name of the notary public by court order or by marriage, or after ceasing to maintain the regular place of work or business, the notary public shall submit a signed and dated notice of such fact to the Executive Judge. The notary public shall not notarize until: a. he receives from the Executive Judge a confirmation of the new name of the notary public and/or change of regular place of work or business; and b. a new seal bearing the new name has been obtained. The foregoing notwithstanding, until the aforementioned steps have been completed, the notary public may continue to use the former name or regular place of work or business in performing notarial acts for three (3) months from the date of the change, which may be extended once for valid and just cause by the Executive Judge for another period not exceeding three (3) months. Sec. 2. Resignation. - A notary public may resign his commission by personally submitting a written, dated and signed formal notice to the Executive Judge together with his notarial seal, notarial register and records. Effective from the date indicated in the notice, he shall immediately cease to perform notarial acts. In the event of his incapacity to personally appear, the submission of the notice may be performed by his duly authorized representative.
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AUTHORITY
OF
Sec. 1. Certificate of Authority for a Notarial Act. - A certificate of authority evidencing the authenticity of the official seal and signature of a notary public shall be issued by the Executive Judge upon request in substantially the following form:
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Sec. 3. Publication of Resignation. - The Executive Judge shall immediately order the Clerk of Court to post in a conspicuous place in the offices of the Executive Judge and of the Clerk of Court the names of notaries public who have resigned their notarial commissions and the effective dates of their resignation. RULE XI REVOCATION OF COMMISSION DISCIPLINARY SANCTIONS
AND
Sec. 1. Revocation and Administrative Sanctions. a. The Executive Judge shall revoke a notarial commission for any ground on which an application for a commission may be denied. b. In addition, the Executive Judge may revoke the commission of, or impose appropriate administrative sanctions upon, any notary public who: 1. fails to keep a notarial register; 2. fails to make the proper entry or entries in his notarial register concerning his notarial acts; 3. fails to send the copy of the entries to the Executive Judge within the first ten (10) days of the month following; 4. fails to affix to acknowledgments the date of expiration of his commission; 5. fails to submit his notarial register, when filled, to the Executive Judge; 6. fails to make his report, within a reasonable time, to the Executive Judge concerning the performance of his duties, as may be required by the judge; 7. fails to require the presence of a principal at the time of the notarial act; 8. fails to identify a principal on the basis of personal knowledge or competent evidence; 9. executes a false or incomplete certificate under Section 5, Rule IV; 10. knowingly performs or fails to perform any other act prohibited or mandated by these Rules; and 11. commits any other dereliction or act which in the judgment of the Executive Judge constitutes good cause for revocation of commission or imposition of administrative sanction. c. Upon verified complaint by an interested, affected or aggrieved person,
the notary public shall be required to file a verified answer to the complaint. If the answer of the notary public is not satisfactory, the Executive Judge shall conduct a summary hearing. If the allegations of the complaint are not proven, the complaint shall be dismissed. If the charges are duly established, the Executive Judge shall impose the appropriate administrative sanctions. In either case, the aggrieved party may appeal the decision to the Supreme Court for review. Pending the appeal, an order imposing disciplinary sanctions shall be immediately executory, unless otherwise ordered by the Supreme Court. d. The Executive Judge may motu proprio initiate administrative proceedings against a notary public, subject to the procedures prescribed in paragraph (c) above and impose the appropriate administrative sanctions on the grounds mentioned in the preceding paragraphs (a) and (b). Sec. 2. Supervision and Monitoring of Notaries Public. - The Executive Judge shall at all times exercise supervision over notaries public and shall closely monitor their activities. Sec. 3. Publication of Revocations and Administrative Sanctions. - The Executive Judge shall immediately order the Clerk of Court to post in a conspicuous place in the offices of the Executive Judge and of the Clerk of Court the names of notaries public who have been administratively sanctioned or whose notarial commissions have been revoked. Sec. 4. Death of Notary Public. - If a notary public dies before fulfilling the obligations in Section 4(e), Rule VI and Section 2(e), Rule VII, the Executive Judge, upon being notified of such death, shall forthwith cause compliance with the provisions of these sections. RULE XII SPECIAL PROVISIONS Sec. 1. Punishable Acts. - The Executive Judge shall cause the prosecution of any person who: a. knowingly acts or otherwise impersonates a notary public;
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b. knowingly obtains, conceals, defaces, or destroys the seal, notarial register, or official records of a notary public; and c. knowingly solicits, coerces, or in any way influences a notary public to commit official misconduct. Sec. 2. Reports to the Supreme Court. - The Executive Judge concerned shall submit semestral reports to the Supreme Court on discipline and prosecution of notaries public. RULE XIII REPEALING PROVISIONS
RULE 1 PURPOSE Sec. 1. Purpose of the MCLE. Continuing legal education is required of members of the Integrated Bar of the Philippines (IBP) to ensure that throughout their career, they keep abreast with law and jurisprudence, maintain the ethics of the profession and enhance the standards of the practice of law. RULE 2 MANDATORY EDUCATION
AND
EFFECTIVITY
CONTINUING
LEGAL
Sec. 1. Repeal. - All rules and parts of rules, including issuances of the Supreme Court inconsistent herewith, are hereby repealed or accordingly modified. Sec. 2. Effective Date. - These Rules shall take effect on the first day of August 2004, and shall be published in a newspaper of general circulation in the Philippines which provides sufficiently wide circulation. Promulgated this 6th day of July, 2004.
Sec. 1. Constitution of the MCLE Committee. Within two (2) months from the approval of these Rules by the Supreme Court En Banc, the MCLE Committee shall be constituted in accordance with these Rules. Sec. 2. Requirements of completion of MCLE. Members of the IBP not exempt under Rule 7 shall complete, every three (3) years, at least thirty-six (36) hours of continuing legal education activities approved by the MCLE Committee. Of the 36 hours: a. At least six (6) hours shall be devoted to legal ethics. b. At least (4) hours shall be devoted to trial and pretrial skills. c. At least five (5) hours shall be devoted to alternative dispute resolution. d. At least nine (9) hours shall be devoted to updates on substantive and procedural laws, and jurisprudence. e. At least four (4) hours shall be devoted to legal writing and oral advocacy. f. At least two (2) hours shall be devoted to international law and international conventions. g. The remaining six (6) hours shall be devoted to such subjects as may be prescribed by the MCLE Committee. RULE 3 COMPLIANCE PERIOD Sec. 1. Initial compliance period. The initial compliance period shall begin not later than three (3) months from the constitution of the MCLE Committee. Except for the initial compliance period for members admitted or readmitted after the establishment of the
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B. BM 850
B.M. NO. 850 August 22, 2000 MANDATORY CONTINUING LEGAL EDUCATION (MCLE) ADOPTING THE RULES ON MANDATORY CONTINUING LEGAL EDUCATION FOR MEMBERS OF THE INTEGRATED BAR OF THE PHILIPPINES EN BANC RESOLUTION Considering the Rules on Mandatory Continuing Legal Education (MCLE) for members of the Integrated Bar of the Philippines (IBP), recommended by the IBP, endorsed by the Philippine Judicial Academy, and reviewed and passed upon by the Supreme Court Committee on Legal Education, the Court hereby resolves to adopt, as it hereby adopts, the following rules for proper implementation:
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program, all compliance periods shall be for thirty-six (36) months and shall begin the day after the end of the previous compliance period. Sec. 2. Compliance Group 1. Members in the National Capital Region (NCR) or Metro Manila shall be permanently assigned to Compliance Group 1. Sec. 3. Compliance Group 2. Members in Luzon outside NCR shall be permanently assigned to Compliance Group 2. Sec. 4. Compliance Group 3. Members in Visayas and Mindanao shall be permanently assigned to Compliance Group 3. Sec. 5. Compliance period for members admitted or readmitted after establishment of the program. Members admitted or readmitted to the Bar after the establishment of the program shall be permanently assigned to the appropriate Compliance Group based on their Chapter membership on the date of admission or readmission. The initial compliance period after admission or readmission shall begin on the first day of the month of admission or readmission and shall end on the same day as that of all other members in the same Compliance Group. Where four (4) months or less remain of the initial compliance period after admission or readmission, the member is not required to comply with the program requirement for the initial compliance. Where more than four (4) months remain of the initial compliance period after admission or readmission, the member shall be required to complete a number of hours of approved continuing legal education activities equal to the number of months remaining in the compliance period in which the member is admitted or readmitted. Such member shall be required to complete a number of hours of education in legal ethics in proportion to the number of months remaining in the compliance period. Fractions of hours shall be rounded up to the next whole number.
RULE 4 COMPUTATION OF CREDIT UNITS Sec. 1. Guidelines The following are the guidelines for computation of credit units (CU):
PROGRAMS CREDIT UNITS SUPPORTING DOCUMENTS 1. SEMINARS, CONVENTIONS, CONFERENCES, SYMPOSIA, IN-HOUSE EDUCATION PROGRAMS, WORKSHOPS, DIALOGUES, ROUND TABLE DISCUSSIONS BY APPROVED PROVIDERS UNDER RULE 7 AND OTHER RELATED RULES 1.1 PARTICIPANT 1 CU PER HOUR CERTIFICATE OF ATTENDANCE WITH NUMBER OF HOURS LECTURER 5 CU PER HOUR PHOTOCOPY OF PLAQUE OR SPONSOR'S CERTIFICATION RESOURCE 3 CU PER HOUR PHOTOCOPY OF PLAQUE OR SPONSOR'S SPEAKER CERTIFICATION ASSIGNED 2 CU PER HOUR CERTIFICATION FROM SPONSORING PENALIST/ ORGANIZATION REACTOR/COMMENTATOR MODERATOR/ 2 CU PER HOUR CERTIFICATION FROM SPONSORING COORDINATOR/ ORGANIZATION FACILITATOR
1.2
1.3
1.4
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1.5
2.
AUTHORSHIP, EDITING AND REVIEW 2.1 RESEARCH/ 5-10 CREDIT UNITS DULY CERTIFIED/PUBLISHED INNOVATIVE TECHNICAL REPORT/PAPER PROGRAM/CREATIVE PROJECT 2.2 BOOK 50-100 PP 101+ PUBLISHED BOOK SINGLE AUTHOR 12-16 CU 1720 CU 2 AUTHORS 10-12 CU 13-16 CU 3 OR MORE 5-6 CU 7-11 CU 2.3 BOOK EDITOR 1/2 OF THE CU OF PUBLISHED BOOK WITH PROOF AUTHORSHIP AS EDITOR CATEGORY 2.4 LEGAL ARTICLE 5-10 PP 11+ PUBLISHED ARTICLE SINGLE AUTHOR 6 CU 8 CU 2 AUTHORS 4 CU 6 CU 3 OR MORE 2 CU 4 CU
2.5 LEGAL 3-6 CU PER ISSUE PUBLISHED NEWSLETTER/JOURNAL NEWSLETTER/LAW JOURNAL EDITOR
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3.
PROFESSIONAL 6 CU PER CHAIR CERTIFICATION OF LAW DEAN CHAIR/BAR 1 CU PER LECTURE OR BAR REVIEW DIRECTOR REVIEW/ HOUR LECTURE/LAW TEACHING
RULE 7 EXEMPTIONS Sec. 1. Parties exempted from the MCLE. The following members of the Bar are exempt from the MCLE requirement: a. The President and the Vice President of the Philippines, and the Secretaries and Undersecretaries of Executives Departments; b. Senators and Members of the House of Representatives; c. The Chief Justice and Associate Justices of the Supreme Court, incumbent and retired members of the judiciary, incumbent members of the Judicial and Bar Council, incumbent members of the Mandatory Continuing Legal Education Committee, incumbent court lawyers who have availed of the Philippine Judicial Academy program of continuing judicial education; (as amended by July 14, 2004 Resolution of the SC en banc) d. The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of the Department of Justice; e. The Solicitor General and the Assistant Solicitor General; f. The Government Corporate Counsel, Deputy and Assistant Government Corporate Counsel; g. The Chairmen and Members of the Constitutional Commissions; h. The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsmen and the Special Prosecutor of the Office of the Ombudsman; i. Heads of government agencies exercising quasi-judicial functions; j. Incumbent deans, bar reviews and professors of law who have teaching experience for at least 10 years accredited law schools; k. The Chancellor, Vice-Chancellor and members of the Corps of Professors and Professorial Lectures of the Philippine Judicial Academy; and l. Governors and Mayors. Sec. 2. Other parties exempted from the MCLE. The following Members of the Bar are likewise exempt: a. Those who are not in law practice, private or public. b. Those who have retired from law practice with the approval of the IBP Board of Governors.
Sec. 2. Limitation on certain credit units. In numbers 2 and 3 of the guidelines in the preceding Section, the total maximum credit units shall not exceed twenty (20) hours per three (3) years. RULE 5 CATEGORIES OF CREDIT Sec. 1. Classes of credits The credits are either participatory or non-participatory. Sec. 2. Claim for participatory credit. Participatory credit may be claimed for: a. Attending approved education activities like seminars, conferences, symposia, in-house education programs, workshops, dialogues or round table discussions. b. Speaking or lecturing, or acting as assigned panelist, reactor, commentator, resource speaker, moderator, coordinator or facilitator in approved education activities. c. Teaching in a law school or lecturing in a bar review class. Sec. 3. Claim for non-participatory credit Non-participatory credit may be claimed per compliance period for: a. Preparing, as an author or co-author, written materials published or accepted for publication, e.g., in the form of an article, chapter, book, or book review which contribute to the legal education of the author member, which were not prepared in the ordinary course of the member's practice or employment. b. Editing a law book, law journal or legal newsletter. RULE 6 COMPUTATION OF CREDIT HOURS Sec. 1. Computation of credit hours. Credit hours are computed based on actual time spent in an activity (actual instruction or speaking time), in hours to the nearest onequarter hour.
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Sec. 3. Good cause for exemption from or modification of requirement. A member may file a verified request setting forth good cause for exemption (such as physical disability, illness, post graduate study abroad, proven expertise in law, etc.) from compliance with or modification of any of the requirements, including an extension of time for compliance, in accordance with a procedure to be established by the MCLE Committee. Sec. 4. Change of status. The compliance period shall begin on the first day of the month in which a member ceases to be exempt under Sections 1, 2, or 3 of this Rule and shall end on the same day as that of all other members in the same Compliance Group. Sec. 5. Proof of exemption. Applications for exemption from or modification of the MCLE requirement shall be under oath and supported by documents. RULE 8 STANDARDS FOR APPROVAL EDUCATION ACTIVITIES
materials must be distributed to all participants. Such materials must be distributed at or before the time the activity is offered. e. In-house education activities must be scheduled at a time and location so as to be free from interruption like telephone calls and other distractions. RULE 9 APPROVAL OF PROVIDERS Sec 1. Approval of providers. Approval of providers shall be done by the MCLE Committee. Sec. 2. Requirements for approval of providers. Any persons or group may be approved as a provider for a term of two (2) years, which may be renewed, upon written application. All providers of continuing legal education activities, including in-house providers, are eligible to be approved providers. Application for approval shall: a. Be submitted on a form provided by the IBP; b. Contain all information requested on the form; c. Be accompanied by the approval fee; Sec. 3. Requirements of all providers. All approved providers shall agree to the following: a. An official record verifying the attendance at the activity shall be maintained by the provider for at least four (4) years after the completion date. The provider shall include the member on the official record of attendance only if the member's signature was obtained at the time of attendance at the activity. The official record of attendance shall contain the member's name and number in the Roll of Attorneys and shall identify the time, date, location, subject matter, and length of the education activity. A copy of such record shall be furnished the IBP. b. The provider shall certify that: 1. This activity has been approved for MCLE by the IBP in the amount of ________ hours of which hours will apply in (legal ethics, etc.), as appropriate to the content of the activity; 2. The activity conforms to the standards for approved education activities prescribed by these Rules and such regulations as may be
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Sec. 1. Approval of MCLE program. Subject to the rules as may be adopted by the MCLE Committee, continuing legal education program may be granted approval in either of two (2) ways: (1) the provider of the activity is an approved provider and certifies that the activity meets the criteria of Section 3 of this Rules; and (2) the provider is specially mandated by law to provide continuing legal education. Sec. 2. Standards for all education activities. All continuing legal education activities must meet the following standards: a. The activity shall have significant current intellectual or practical content. b. The activity shall constitute an organized program of learning related to legal subjects and the legal profession, including cross profession activities (e.g., accounting-tax or medical-legal) that enhance legal skills or the ability to practice law, as well as subjects in legal writing and oral advocacy. c. The activity shall be conducted by a provider with adequate professional experience. d. Where the activity is more than one (1) hour in length, substantive written
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c.
d.
e.
f.
g.
prescribed by the IBP pertaining to MCLE. The provider shall issue a record or certificate to all participants identifying the time, date, location, subject matter and length of the activity. The provider shall allow in-person observation of all approved continuing legal education activities by members of the IBP Board of Governors, the MCLE Committee, or designees of the Committee and IBP staff for purposes of monitoring compliance with these Rules. The provider shall indicate in promotional materials, the nature of the activity, the time devoted to each devoted to each topic and identify of the instructors. The provider shall make available to each participant a copy of IBP-approved Education Activity Evaluation Form. The provider shall maintain the completed Education Activity Evaluation Forms for a period of not less than one (1) year after the activity, copy furnished the IBP. Any person or group who conducts an unauthorized activity under this program or issues a spurious certificate in violation of these Rules shall be subject to appropriate sanctions.
RULE 11 GENERAL COMPLIANCE PROCEDURES Sec. 1. Compliance card. Each member shall secure from the MCLE Committee a Compliance Card before the end of his compliance period. He shall complete the card by attesting under oath that he has complied with the education requirement or that he is exempt, specifying the nature of the exemption. Such Compliance Card must be returned to the address indicated therein not later than the day after the end of the member's compliance period. Sec. 2. Member record keeping requirement. Each member shall maintain sufficient record of compliance or exemption, copy furnished the MCLE Committee. The record required to be provided to the members by the provider pursuant to Section 3(c) of Rule 9 should be sufficient record of attendance at a participatory activity. A record of nonparticipatory activity shall also be maintained by the member, as referred to in Section 3 of Rule 5.
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RULE 12 NON-COMPLIANCE PROCEDURES Sec. 1. What constitutes non-compliance. The following shall constitute noncompliance: a. Failure to complete the education requirement within the compliance period; b. Failure to provide attestation of compliance or exemption; c. Failure to provide satisfactory evidence of compliance (including evidence of exempt status) within the prescribed period; d. Failure to satisfy the education requirement and furnish evidence of such compliance within sixty (60) days from receipt of a non-compliance notice; e. Any other act or omission analogous to any of the foregoing or intended to circumvent or evade compliance with the MCLE requirements. Sec. 2. Non-compliance notice and 60-day period to attain compliance. A member failing to comply will receive a NonCompliance Notice stating the specific deficiency and will be given sixty (60) days from the date of notification to explain the deficiency or otherwise show compliance
Sec. 4. Renewal of provider approval. The approval of a provider may be renewed every two (2) years. It may be denied if the provider fails to comply with any of the requirements of these Rules or fails to provide satisfactory education activities for the preceding period. Sec. 5. Revocation of provider approval. The approval of any provider referred to in Rule 9 may be revoked by a majority vote of the IBP Board of Governors, upon recommendation of the MCLE Committee, after notice and hearing and for good cause. RULE 10 ACTIVITY AND PROVIDER APPROVAL FEE Sec. 1. Payment of fees. Application for approval of an education activity or as a provider requires payment of an appropriate fee.
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with the requirements. Such notice shall contain, among other things, the following language in capital letters:
YOUR FAILURE TO PROVIDE ADEQUATE JUSTIFICATION FOR NONCOMPLIANCE OR PROOF OF COMPLIANCE WITH THE MCLE REQUIREMENT BY (INSERT DATE 60 DAYS FROM THE DATE OF NOTICE), SHALL BE A CAUSE FOR LISTING AS A DELINQUENT MEMBER.
counted toward meeting the compliance period requirement.
current
Sec. 2. Termination of delinquent listing administrative process. The termination of listing as a delinquent member is administrative in nature but it shall be made with notice and hearing by the MCLE Committee. RULE 15 MANDATORY CONTINUING EDUCATION COMMITTEE
The Member may use this period to attain the adequate number of credit hours for compliance. Credit hours earned during this period may only be counted toward compliance with the prior compliance period requirement unless hours in excess of the requirement are earned, in which case, the excess hours may be counted toward meeting the current compliance period requirement. RULE 13 CONSEQUENCES OF NON-COMPLIANCE Sec. 1. Non-compliance fee. A member who, for whatever reason, is in non-compliance at the end of the compliance period shall pay a non-compliance fee. Sec. 2. Listing as delinquent member. Any member who fails to satisfactorily comply with Section 2 of Rule 12 shall be listed as a delinquent member by the IBP Board of Governors upon the recommendation of the MCLE Committee, in which case, Rule 139A of the Rules of Court shall apply. RULE 14 REINSTATEMENT Sec. 1. Process. The involuntary listing as a delinquent member shall be terminated when the member provides proof of compliance with the MCLE requirement, including payment of non-compliance fee. A member may attain the necessary credit hours to meet the requirement for the period of non-compliance during the period the member is on inactive status. These credit hours may not be counted toward meeting the current compliance period requirement. Credit hours attained during the period of non-compliance in excess of the number needed to satisfy the prior compliance period requirement may be
LEGAL
Sec 1. Composition. The MCLE Committee shall be composed of five (5) members, namely: a retired Justice of the Supreme Court, as Chair, and four (4) members, respectively, nominated by the IBP, the Philippine Judicial Academy, a law center designated by the Supreme Court and associations of law schools and/or law professors. The members of the Committee shall be of proven probity and integrity. They shall be appointed by the Supreme Court for a term of three (3) years and shall receive such compensation as may be determined by the Court. Sec. 2. Duty of the Committee. The MCLE Committee shall administer and adopt such implementing rules as may be necessary subject to the approval by the Supreme Court. It shall, in consultation with the IBP Board of Governors, prescribe a schedule of MCLE fees with the approval of the Supreme Court. Sec. 3. Staff of the IBP. The IBP shall employ such staff as may be necessary to perform the record-keeping, auditing, reporting, approval and other necessary functions. Sec. 4. Submission of annual budget. The IBP shall submit to the Supreme Court an annual budget for a subsidy to establish, operate and maintain the MCLE Program. This resolution shall take effect in October 2000, following its publication in two (2) newspaper of general circulation in the Philippines. Adopted this 22nd day of August, 2000.
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C. BM 2012
BM No. 2012 PROPOSED RULE ON MANDATORY LEGAL AID SERVICE FOR PRACTICING LAWYERS RESOLUTION Acting on the Memorandum dated January 27, 2009 of Justice Renato C. Corona re: Comment of the Integrated Bar of the Philippines on our Suggested Revisions to the Proposed Rule of Mandatory Legal Aid Service for Practicing Lawyers, the Court Resolved to APPROVE the same. This Resolution shall take effect on July 1, 2009 following publication of the said Rule and its implementing regulations in at least two (2) newspapers of general circulation. February 10, 2009. RULE ON MANDATORY LEGAL AID SERVICE SECTION 1. Title. - This Rule shall be known as The Rule on Mandatory Legal Aid Service. SECTION 2. Purpose. This Rule seeks to enhance the duty of lawyers to society as agents of social change and to the courts as officers thereof by helping improve access to justice by the less privileged members of society and expedite the resolution of cases involving them. Mandatory free legal service by members of the bar and their active support thereof will aid the efficient and effective administration of justice especially in cases involving indigent and pauper litigants. SECTION 3. Scope. This Rule shall govern the mandatory requirement for practicing lawyers to render free legal aid services in all cases (whether, civil, criminal or administrative) involving indigent and pauper litigants where the assistance of a lawyer is needed. It shall also govern the duty of other members of the legal profession to support the legal aid program of the Integrated Bar of the Philippines. SECTION 4. Definition of Terms. For purposes of this Rule: (a) Practicing lawyers are members of the Philippine Bar who appear for and in behalf of parties in courts of law and (b)
(c)
(d)
(e)
quasi-judicial agencies, including but not limited to the National Labor Relations Commission, National Conciliation and Mediation Board, Department of Labor and Employment Regional Offices, Department of Agrarian Reform Adjudication Board and National Commission for Indigenous Peoples. The term practicing lawyers shall exclude: (i) Government employees and incumbent elective officials not allowed by law to practice; (ii) Lawyers who by law are not allowed to appear in court; (iii) Supervising lawyers of students enrolled in law student practice in duly accredited legal clinics of law schools and lawyers of nongovernmental organizations (NGOs) and peoples organizations (POs) like the Free Legal Assistance Group who by the nature of their work already render free legal aid to indigent and pauper litigants and (iv) Lawyers not covered under subparagraphs (i) to (iii) including those who are employed in the private sector but do not appear for and in behalf of parties in courts of law and quasi-judicial agencies. Indigent and pauper litigants are those defined under Rule 141, Section 19 of the Rules of Court and Algura v. The Local Government Unit of the City of Naga (G.R. No. 150135, 30 October 2006, 506 SCRA 81); Legal aid cases are those actions, disputes, and controversies that are criminal, civil and administrative in nature in whatever stage wherein indigent and pauper litigants need legal representation; Free legal aid services refer to appearance in court or quasi-judicial body for and in behalf of an indigent or pauper litigant and the preparation of pleadings or motions. It shall also cover assistance by a practicing lawyer to indigent or poor litigants in courtannexed mediation and in other modes of alternative dispute resolution (ADR). Services rendered when a practicing lawyer is appointed counsel de oficio shall also be considered as free legal aid services and credited as compliance under this Rule; Integrated Bar of the Philippines (IBP) is the official national organization of lawyers in the country;
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(f) National Committee on Legal Aid (NCLA) is the committee of the IBP which is specifically tasked with handling legal aid cases; (g) Committee on Bar Discipline (CBD) is the committee of the IBP which is specifically tasked with disciplining members of the Bar; (h) IBP Chapters are those chapters of the Integrated Bar of the Philippines located in the different geographical areas of the country as defined in Rule 139-A and (i) Clerk of Court is the Clerk of Court of the court where the practicing lawyer rendered free legal aid services. In the case of quasi-judicial bodies, it refers to an officer holding an equivalent or similar position. The term shall also include an officer holding a similar position in agencies exercising quasijudicial functions, or a responsible officer of an accredited PO or NGO, or an accredited mediator who conducted the court-annexed mediation proceeding. SECTION 5. Requirements. (a) Every practicing lawyer is required to render a minimum of sixty (60) hours of free legal aid services to indigent litigants in a year. Said 60 hours shall be spread within a period of twelve (12) months, with a minimum of five (5) hours of free legal aid services each month. However, where it is necessary for the practicing lawyer to render legal aid service for more than five (5) hours in one month, the excess hours may be credited to the said lawyer for the succeeding periods. For this purpose, a practicing lawyer shall coordinate with the Clerk of Court for cases where he may render free legal aid service. He may also coordinate with the IBP Legal Aid Chairperson of the IBP Chapter to inquire about cases where he may render free legal aid service. In this connection, the IBP Legal Aid Chairperson of the IBP Chapter shall regularly and actively coordinate with the Clerk of Court. The practicing lawyer shall report compliance with the requirement within ten (10) days of the last month of each quarter of the year. (b) A practicing lawyer shall be required to secure and obtain a certificate from the Clerk of Court attesting to the number of hours spent rendering free legal aid
services in a case. The certificate shall contain the following information: (i) The case or cases where the legal aid service was rendered, the party or parties in the said case(s) for whom the service was rendered, the docket number of the said case(s) and the date(s) the service was rendered. (ii) The number of hours actually spent attending a hearing or conducting trial on a particular case in the court or quasi-judicial body. (iii) The number of hours actually spent attending mediation, conciliation or any other mode of ADR on a particular case. (iv) A motion (except a motion for extension of time to file a pleading or for postponement of hearing or conference) or pleading filed on a particular case shall be considered as one (1) hour of service. The Clerk of Court shall issue the certificate in triplicate, one (1) copy to be retained by the practicing lawyer, one (1) copy to be retained by the Clerk of Court and one (1) copy to be attached to the lawyers compliance report. (c) Said compliance report shall be submitted to the Legal Aid Chairperson of the IBP Chapter within the courts jurisdiction. The Legal Aid Chairperson shall then be tasked with immediately verifying the contents of the certificate with the issuing Clerk of Court by comparing the copy of the certificate attached to the compliance report with the copy retained by the Clerk of Court. (d) The IBP Chapter shall, after verification, issue a compliance certificate to the concerned lawyer. The IBP Chapter shall also submit the compliance reports to the IBPs NCLA for recording and documentation. The submission shall be made within forty-five (45) days after the mandatory submission of compliance reports by the practicing lawyers. (e) Practicing lawyers shall indicate in all pleadings filed before the courts or quasi-judicial bodies the number and date of issue of their certificate of compliance for the immediately preceding compliance period. Failure to disclose the required information would cause the dismissal of the case and the expunction of the pleadings from the records.
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(f) Before the end of a particular year, lawyers covered by the category under Section 4(a)(i) and (ii), shall fill up a form prepared by the NCLA which states that, during that year, they are employed with the government or incumbent elective officials not allowed by law to practice or lawyers who by law are not allowed to appear in court. The form shall be sworn to and submitted to the IBP Chapter or IBP National Office together with the payment of an annual contribution of Two Thousand Pesos (P2,000). Said contribution shall accrue to a special fund of the IBP for the support of its legal aid program. (g) Before the end of a particular year, lawyers covered by the category under Section 4(a)(iii) shall secure a certification from the director of the legal clinic or of the concerned NGO or PO to the effect that, during that year, they have served as supervising lawyers in a legal clinic or actively participated in the NGOs or POs free legal aid activities. The certification shall be submitted to the IBP Chapter or IBP National Office. (h) Before the end of a particular year, lawyers covered by the category under Section 4(a)(iv) shall fill up a form prepared by the NCLA which states that, during that year, they are neither practicing lawyers nor covered by Section (4)(a)(i) to (iii). The form shall be sworn to and submitted to the IBP Chapter or IBP National Office together with the payment of an annual contribution of Four Thousand Pesos (P4,000) by way of support for the efforts of practicing lawyers who render mandatory free legal aid services. Said contribution shall accrue to a special fund of the IBP for the support of its legal aid program. (i) Failure to pay the annual contribution shall subject the lawyer to a penalty of Two Thousand Pesos (P2,000) for that year which amount shall also accrue to the special fund for the legal aid program of the IBP. SECTION 6. NCLA. (a) The NCLA shall coordinate with the various legal aid committees of the IBP local chapters for the proper handling and accounting of legal aid cases which practicing lawyers can represent.
(b) The NCLA shall monitor the activities of the Chapter of the Legal Aid Office with respect to the coordination with Clerks of Court on legal aid cases and the collation of certificates submitted by practicing lawyers. (c) The NCLA shall act as the national repository of records in compliance with this Rule. (d) The NCLA shall prepare the following forms: certificate to be issued by the Clerk of Court and forms mentioned in Section 5(e) and (g). (e) The NCLA shall hold in trust, manage and utilize the contributions and penalties that will be paid by lawyers pursuant to this Rule to effectively carry out the provisions of this Rule. For this purpose, it shall annually submit an accounting to the IBP Board of Governors. The accounting shall be included by the IBP in its report to the Supreme Court in connection with its request for the release of the subsidy for its legal aid program. SECTION 7. Penalties. (a) At the end of every calendar year, any practicing lawyer who fails to meet the minimum prescribed 60 hours of legal aid service each year shall be required by the IBP, through the NCLA, to explain why he was unable to render the minimum prescribed number of hours. If no explanation has been given or if the NCLA finds the explanation unsatisfactory, the NCLA shall make a report and recommendation to the IBP Board of Governors that the erring lawyer be declared a member of the IBP who is not in good standing. Upon approval of the NCLAs recommendation, the IBP Board of Governors shall declare the erring lawyer as a member not in good standing. Notice thereof shall be furnished the erring lawyer and the IBP Chapter which submitted the lawyers compliance report or the IBP Chapter where the lawyer is registered, in case he did not submit a compliance report. The notice to the lawyer shall include a directive to pay Four Thousand Pesos (P4,000) penalty which shall accrue to the special fund for the legal aid program of the IBP. (b) The not in good standing declaration shall be effective for a period of three (3) months from the receipt of the erring lawyer of the notice from the IBP Board
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of Governors. During the said period, the lawyer cannot appear in court or any quasi-judicial body as counsel. Provided, however, that the not in good standing status shall subsist even after the lapse of the three-month period until and unless the penalty shall have been paid. (c) Any lawyer who fails to comply with his duties under this Rule for at least three (3) consecutive years shall be the subject of disciplinary proceedings to be instituted motu proprio by the CBD. The said proceedings shall afford the erring lawyer due process in accordance with the rules of the CBD and Rule 139-B of the Rules of Court. If found administratively liable, the penalty of suspension in the practice of law for one (1) year shall be imposed upon him. (d) Any lawyer who falsifies a certificate or any form required to be submitted under this Rule or any contents thereof shall be administratively charged with falsification and dishonesty and shall be subject to disciplinary action by the CBD. This is without prejudice to the filing of criminal charges against the lawyer. (e) The falsification of a certificate or any contents thereof by any Clerk of Court or by any Chairperson of the Legal Aid Committee of the IBP local chapter where the case is pending or by the Director of a legal clinic or responsible officer of an NGO or PO shall be a ground for an administrative case against the said Clerk of Court or Chairperson. This is without prejudice to the filing of the criminal and administrative charges against the malfeasor. SECTION 8. Credit for Mandatory Continuing Legal Education (MCLE). A lawyer who renders mandatory legal aid service for the required number of hours in a year for the three year-period covered by a compliance period under the Rules on MCLE shall be credited the following: two (2) credit units for legal ethics, two (2) credit units for trial and pretrial skills, two (2) credit units for alternative dispute resolution, four (4) credit units for legal writing and oral advocacy, four (4) credit units for substantive and procedural laws and jurisprudence and six (6) credit units
for such subjects as may be prescribed by the MCLE Committee under Section 2(g), Rule 2 of the Rules on MCLE. A lawyer who renders mandatory legal aid service for the required number of hours in a year for at least two consecutive years within the three year-period covered by a compliance period under the Rules on MCLE shall be credited the following: one (1) credit unit for legal ethics, one (1) credit unit for trial and pretrial skills, one (1) credit unit for alternative dispute resolution, two (2) credit units for legal writing and oral advocacy, two (2) credit units for substantive and procedural laws and jurisprudence and three (3) credit units for such subjects as may be prescribed by the MCLE Committee under Section 2(g), Rule 2 of the Rules on MCLE. SECTION 9. Implementing Rules. The IBP, through the NCLA, is hereby given authority to recommend implementing regulations in determining who are practicing lawyers, what constitute legal aid cases and what administrative procedures and financial safeguards which may be necessary and proper in the implementation of this rule may be prescribed. It shall coordinate with the various legal chapters in the crafting of the proposed implementing regulations and, upon approval by the IBP Board of Governors, the said implementing regulations shall be transmitted to the Supreme Court for final approval. SECTION 10. Effectivity. This Rule and its implementing rules shall take effect on July 1, 2009 after they have been published in two (2) newspapers of general circulation.
ANNEXES
Indigent Clients
D. RA 6033
REPUBLIC ACT No. 6033 AN ACT REQUIRING COURTS TO GIVE PREFERENCE TO CRIMINAL CASES WHERE THE PARTY OR PARTIES INVOLVE ARE INDIGENTS. Section 1. Any provision of existing law to be contrary notwithstanding and with the exception of habeas corpus and election cases and cases involving detention prisoners, and persons covered by Republic Act Numbered Four thousand nine hundred eight, all courts shall give preference to the
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hearing and/or disposition of criminal cases where an indigent is involved either as the offended party or accused. The trial in these cases shall commence within three days from date of arraignment and no postponement of the hearings shall be granted except on the ground of illness of the accused or other similar justifiable grounds. City and provincial fiscals and courts shall forthwith conduct the preliminary investigation of a criminal case involving an indigent within three days after its filing and shall terminate the same within two weeks. Section 2. As used in this Act, the term "indigent" shall refer to a person who has no visible means of income or whose income is insufficient for the subsistence of his family, to be determined by the fiscal or judge, taking into account the members of his family dependent upon him for subsistence. Section 3. An indigent who is the offended party, respondent or an accused in a criminal case and who desires to avail of the preference granted under this Act shall file a sworn statement of the fact of his being indigent and the said sworn statement shall be sufficient basis for the court or fiscal to give preference to the trial and disposition of such criminal case. Section 4. Any willful or malicious refusal on the part of any fiscal or judge to carry out the provisions of this Act shall constitute sufficient ground for disciplinary action which may include suspension or removal. Section 5. This Act shall take effect upon its approval. Approved: August 4, 1969.
his complaint or filed against him. The allowance shall cover actual transportation expenses by the cheapest means from his place of residence to the court and back. When the hearing of the case requires the presence of the indigent litigant and/or his indigent witnesses in court the whole day or for two or more consecutive days, allowances may, in the discretion of the Court, also cover reasonable expenses for meal and lodging. For the purpose of this Act, indigent litigants shall include anyone who has no visible means of income or whose income is insufficient for his family as determined by the Court under Section 2, hereof. Section 2. If the court determines that the petition for transportation allowance is meritorious, said court shall immediately issue an order directing the provincial, city or municipal treasurer to pay the indigent litigant the travel allowance out of any funds in his possession and proceed without delay to the trial of the case. The provincial, city or municipal treasurer shall hold any such payments as cash items until reimbursed by the national government. Section 3. All payments of travel allowances made by provincial, city and municipal treasurer under this Act as of October 31 each year, shall be transmitted to the Commissioner of the Budget not later than November 30 each year for inclusion in the annual General Appropriations Act. The necessary sum is hereby authorized to be appropriated out of the funds in the National Treasury not otherwise appropriated. Section 4. This Act shall take effect upon its approval. Approved: August 4, 1969.
ANNEXES
E. RA 6034
REPUBLIC ACT No. 6034 AN ACT PROVIDING TRANSPORTATION AND OTHER ALLOWANCES FOR INDIGENT LITIGANTS. Section 1. Any provision of existing law to the contrary notwithstanding, any indigent litigant may, upon motion, ask the Court for adequate travel allowance to enable him and his indigent witnesses to attendant the hearing of a criminal case commenced by
F. RA 6035
REPUBLIC ACT No. 6035 AN ACT REQUIRING STENOGRAPHERS TO GIVE FREE TRANSCRIPT OF NOTES TO INDIGENT AND LOW INCOME LITIGANTS AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. Section 1. A stenographer who has attended a hearing before an investigating fiscal or trial judge or hearing commissioner
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of any quasi-judicial body or administrative tribunal and has officially taken notes of the proceeding thereof shall, upon written request of an indigent or low income litigant, his counsel or duly authorized representative in the case concerned, give within a reasonable period to be determined by the fiscal, judge, commissioner or tribunal hearing the case, a free certified transcript of notes take by him on the case. Section 2. A litigant who desires to avail himself of the privilege granted under Section one hereof shall, at the investigation, hearing, or trial, establish his status as an indigent or low income litigant and the investigating fiscal or judge or commissioner or tribunal hearing the case shall resolve the same in the same proceeding. For the purpose of this Act, an "indigent or low income litigant" shall include anyone who has no visible means of support or whose income does not exceed P300 per month or whose income even in excess of P300 per month is insufficient for the subsistence of his family, which fact shall be determined by the investigating fiscal or trial judge or commissioner or tribunal hearing the case taking into account the number of the members of his family dependent upon him for subsistence. Section 3. Any stenographer who, after due hearing in accordance with the pertinent provisions of Republic Act No. 2260, as amended, has been found to have violated the provisions of Section one of this Act or has unreasonable delayed the giving of a free certified transcript of notes to an indigent or low income litigant shall be subject to the following disciplinary actions: (a) suspension from office for a period not exceeding thirty (30) days upon finding of guilt for the first time; (b) suspension from office for not less than thirty (30) days and not more than sixty (60) days upon finding of guilt for the second time; and (c) removal from office upon finding of guilt for the third time. Section 4. This Act shall apply to all indigent or low income litigants who, at the time of its approval, have pending cases in any fiscal office, court, or quasi-judicial body or administrative tribunal.
Section 5. The Department of Justice shall prescribe such rules and regulations as may be necessary to carry out the purposes of this Act, and the Department Head concerned shall provide the necessary supplies and authorize the use of government equipment by the stenographers concerned. Section 6. This Act shall take effect upon its approval. Approved: August 4, 1969.
G. PD 543
PRESIDENTIAL DECREE No. 543 August 21, 1974 AUTHORIZING THE DESIGNATION OF MUNICIPAL JUDGES AND LAWYERS IN ANY BRANCH OF THE GOVERNMENT SERVICE TO ACT AS COUNSEL DE OFICIO FOR THE ACCUSED WHO ARE INDIGENT IN PLACES WHERE THERE ARE NO AVAILABLE PRACTICING ATTORNEYS
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WHEREAS, under existing law, Municipal Judges and other lawyers in the government service are prohibited from practicing law; WHEREAS, there are some places where there are no available legal practitioners, as a result of which the trial of cases in court is delayed to the prejudice particularly of detention prisoners; WHEREAS, for the protection of the rights of the accused who cannot afford to hire lawyers from other places and to prevent miscarriage of justice, it is necessary that they be provided with counsel; NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution as commander-in-Chief of the Armed Forces of the Philippines, and pursuant to Proclamation No. 1081, dated September 21, 1972, and General Order No. 1, dated September 22, 1972, as amended, do hereby order and decree as follows: Section 1. Designation of Municipal Judges and lawyers in any branch of the government service, as counsel de oficio. In places where there are no available
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practicing lawyers, the District Judge or Circuit Criminal Court Judge shall designate a municipal judge or a lawyer employed in any branch, subdivision or instrumentality of the government within the province, as counsel de oficio for an indigent person who is facing a criminal charge before his court, and the services of such counsel de oficio shall be duly compensated by the Government in accordance with Section thirty-two, Rule One Hundred Thirty Eight of the Rules of Court. If the criminal case wherein the services of a counsel de oficio are needed is pending before a City or municipal court, the city or municipal judge concerned shall immediately recommend to the nearest District Judge the appointment of a counsel de oficio, and the District Judge shall forthwith appoint one in accordance with the preceding paragraph. For purposes of this Decree an indigent person is anyone who has no visible means of support or whose income does not exceed P300 per month or whose income even in excess of P300 is insufficient for the subsistence of his family, which fact shall be determined by the Judge in whose court the case is pending, taking into account the number of the members of his family dependent upon him for subsistence. Section 2. Repealing Clause. All laws and decrees inconsistent with this Decree are hereby repealed. Section 3. Effectivity. This Decree shall take effect immediately. DONE in the City of Manila, this 21st day of August, in the year of Our Lord, nineteen hundred and seventy-four.
Special Law on Retired Justices and Judges

H. RA 910
REPUBLIC ACT NO. 910 AN ACT TO PROVIDE FOR THE RETIREMENT OF JUSTICES OF THE SUPREME COURT AND OF THE COURT OF APPEALS, FOR THE ENFORCEMENT OF THE PROVISIONS HEREOF BY THE GOVERNMENT SERVICE INSURANCE SYSTEM, AND TO REPEAL COMMONWEALTH ACT NUMBERED FIVE HUNDRED AND THIRTY-SIX Section 1. When a Justice of the Supreme Court or of the Court of Appeals who has rendered at least twenty years' service either in the judiciary or in any other branch of the Government, or in both, (a) retires for having attained the age of seventy years, or (b) resigns by reason of his incapacity to discharge the duties of his office, he shall receive during the residue of his natural life, in the manner hereinafter provided, the salary which he was receiving at the time of his retirement or resignation. And when a Justice of the Supreme Court or of the Court of Appeals has attained the age of fifty-seven years and has rendered at least twenty-years' service in the Government, ten or more of which have been continuously rendered as such Justice or as judge of a court of record, he shall be likewise entitled to retire and receive during the residue of his natural life, in the manner also hereinafter prescribed, the salary which he was then receiving. It is a condition of the pension provided for herein that no retiring Justice during the time that he is receiving said pension shall appear as counsel before any court in any civil case wherein the Government or any subdivision or instrumentality thereof is the adverse party, or in any criminal case wherein and officer or employee of the Government is accused of an offense committed in relation to his office, or collect any fee for his appearance in any administrative proceedings to maintain an interest adverse to the Government, insular, provincial or municipal, or to any of its legally constituted officers. Section 2. In case a Justice of the Supreme Court or of the Court of Appeals dies while in actual service, his heirs shall receive a lump sum amounting to the salary that
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said Justice was receiving at the time of his demise for five years if by reason of his length of service in the Government he were already entitled to the benefits of this Act; otherwise his heirs shall only receive a lump sum equivalent to his last salary for two years, in addition to a reimbursement of all premiums that he may have paid under this Act. The same benefits provided in this Section shall be extended to any incumbent Justice of the Supreme Court or of the Court of Appeals who, without having attained the length of service required in section one hereof, shall have to retire upon reaching the age of seventy years, or for other causes, such as illness, to be certified to by the tribunal to which the Justice concerned belongs, which render him incapacitated to continue in his position. Section 3. Upon retirement a Justice of the Supreme Court or of the Court of Appeals shall be automatically entitled to a lump sum payment of the monthly salary that said Justice was receiving at the time of his retirement for five years, and thereafter upon survival after the expiration of this period of five years, to a further annuity payable monthly during the residue of his natural life equivalent to the amount of the monthly salary he was receiving on the date of his retirement. Section 4. A retiring Justice who is entitled to the benefits of any prior retirement gratuity Act shall have the option to choose between the benefits in such Act and those herein provided for, and in such case he shall be entitled only to the benefits so chosen: Provided, however, That a Justice retired under any prior Act and who is thereafter appointed to the Supreme Court or to the Court of Appeals, shall be entitled to the benefits of this Act on condition that, in case he has not fully refunded to the Government the gratuity previously received by him, there shall be deducted from the amount payable to him under this Act such monthly installments as are required in section six of Act Numbered Four thousand and fifty-one, as amended, until the gratuity already received by him shall have been refunded in full. Section 5. The Government Service Insurance System shall take charge of the enforcement and operation of this Act, and no Justice of the Supreme Court or of the Court of Appeals shall be entitled to receive any gratuity or pension herein provided
unless from the month following the approval of this Act, in case of an actual Justice of any of said courts, or from the month following his appointment, and qualification as such Justice, in case of future appointment, he shall have contributed to the funds of the System by paying a monthly premium of fifty pesos. Section 6. Commonwealth Act Numbered Five hundred and thirty-six and any other provision in conflict with this Act are hereby repealed. Section 7. This Act shall take effect upon its approval. Approved: June 20, 1953
I. PD 1438
PRESIDENTIAL DECREE NO. 1438 AMENDING REPUBLIC ACT 910 PROVIDING FOR THE RETIREMENT OF JUSTICES AND ALL JUDGES IN THE JUDICIARY AS AMENDED
ANNEXES
WHEREAS, Justices and Judges are granted transportation, living and representation allowances from national and/or local funds as authorized by existing laws, rules and regulations; WHEREAS, said allowances are not included in the computation of the retirement benefits of Justices and Judges, although they constitute integral part of their remuneration; and WHEREAS, Justices and Judges, in view of the highly sensitive nature of their offices should be able, as much as possible, to perform their official duties free from any anxiety of financial strain or stress in their future lives and activity as private citizens. NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution do hereby order and decree: Section 1. Section 2 and 3 of R.A. 910 as amended by R.A. 5095 are hereby amended to read as follows: "Sec. 2. In case of a justice of the Supreme Court or Court of Appeals or a judge of the Court of First Instance, Circuit Criminal Court, Agrarian Relations, Tax
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Appeals, Juvenile and Domestic Relations, city or municipal court, or any other court hereafter established, dies while in actual service, his heirs shall receive a lump sum of five years gratuity computed on the basis of the highest monthly salary plus the highest monthly aggregate of transportation, living and representation allowances received by him as such Justice or Judges, if by reason of his length of service in the Government he was already entitled to the benefits of this Act. The same benefits provided for in this section shall be extended to any incumbent justice of the Supreme Court or the Court of Appeals, or a judge of the Court of First Instance, Circuit Criminal Court, Agrarian Relations, Tax Appeals, Juvenile and Domestic Relations, or city or municipal court, or any other court hereafter established, as the case may be, who, without having attained the length of service required in Section one hereof shall have to retire upon reaching the age of sixty five years, or upon other causes, such illness or permanent physical disability, to be certified to by the tribunal to which the justice concerned belongs, or by the Supreme Court in the case of an incumbent judge of the Court of First Instance, and other similar courts of record, or a city or municipal judge, which render him incapacitated to continue in his position." "Sec. 3. Upon retirement, a justice of the Supreme Court or of the Court of Appeals, of a judge of the Court of First Instance, Circuit Criminal Court, Agrarian Relations, Tax Appeals, Juvenile and Domestic Relations, city or municipal court, or any other court hereafter established shall be automatically entitled to a lump sum of five year gratuity computed on the basis of highest monthly salary plus the highest monthly aggregate of transportation, living and representation allowances he was receiving on the date of his retirement; Provided, however, That if the reason for the retirement be any permanent disability contracted during his incumbency in office and prior to the date of retirement he shall receive only a gratuity equivalent to ten years' salary and allowances aforementioned with no further annuity payable monthly during the rest of the retiree's natural life." Section 2. Such sum as may be necessary to carry out the purposes of this
amendatory act is hereby authorized to be appropriated. Section 3. This Decree shall take effect immediately. Done in the City of Manila, this 10th day of June, in the year of Our Lord, nineteen hundred and seventy-eight.
Law on Obstruction of Justice

J. PD 1829
PRESIDENTIAL DECREE No. 1829 PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF CRIMINAL OFFENDERS WHEREAS, crime and violence continue to proliferate despite the sustained vigorous efforts of the government to effectively contain them; WHEREAS, to discourage public indifference or apathy towards the apprehension and prosecution of criminal offenders, it is necessary to penalize acts which obstruct or frustrate or tend to obstruct or frustrate the successful apprehension and prosecution of criminal offenders; NOW, THEREFORE, I, FERDINAND, E. MARCOS, President of the Philippines, by virtue of the powers vested in me by law do hereby decree and order the following: Section 1. The penalty of prision correccional in its maximum period, or a fine ranging from 1,000 to 6,000 pesos, or both, shall be imposed upon any person who knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases by committing any of the following acts: (a) preventing witnesses from testifying in any criminal proceeding or from reporting the commission of any offense or the identity of any offender/s by means of bribery, misrepresentation, deceit, intimidation, force or threats; (b) altering, destroying, suppressing or concealing any paper, record, document, or object, with intent to impair its verity, authenticity, legibility, availability, or admissibility as evidence
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(c)
(d)
(e)
(f)
(g)
(h)
in any investigation of or official proceedings in, criminal cases, or to be used in the investigation of, or official proceedings in, criminal cases; harboring or concealing, or facilitating the escape of, any person he knows, or has reasonable ground to believe or suspect, has committed any offense under existing penal laws in order to prevent his arrest prosecution and conviction; publicly using a fictitious name for the purpose of concealing a crime, evading prosecution or the execution of a judgment, or concealing his true name and other personal circumstances for the same purpose or purposes; delaying the prosecution of criminal cases by obstructing the service of process or court orders or disturbing proceedings in the fiscal's offices, in Tanodbayan, or in the courts; making, presenting or using any record, document, paper or object with knowledge of its falsity and with intent to affect the course or outcome of the investigation of, or official proceedings in, criminal cases; soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining from, discounting, or impeding the prosecution of a criminal offender; threatening directly or indirectly another with the infliction of any wrong upon his person, honor or property or that of any immediate member or members of his family in order to
prevent such person from appearing in the investigation of, or official proceedings in, criminal cases, or imposing a condition, whether lawful or unlawful, in order to prevent a person from appearing in the investigation of or in official proceedings in, criminal cases; (i) giving of false or fabricated information to mislead or prevent the law enforcement agencies from apprehending the offender or from protecting the life or property of the victim; or fabricating information from the data gathered in confidence by investigating authorities for purposes of background information and not for publication and publishing or disseminating the same to mislead the investigator or to the court. If any of the acts mentioned herein is penalized by any other law with a higher penalty, the higher penalty shall be imposed. Section 2. If any of the foregoing acts is committed by a public official or employee, he shall in addition to the penalties provided thereunder, suffer perpetual disqualification from holding public office. Section 3. This Decree shall take effect immediately. Done in the City of Manila, this 16th day of January, in the year of Our Lord, nineteen hundred and eighty-one.
ANNEXES
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REVIEWER IN LEGAL ETHICS

REVIEWER IN LEGAL ETHICS

Chapter I. Legal Profession

FACULTY-STUDENT EDITORIAL BOARD AND LECTURES COMMITTEE Prof. Concepcion Jardaleza

LEGAL ETHICS Krissy Conti

LECTURES Edel Cruz

ACADEMICS COMMITTEE Samantha Poblacion

Obet Bunagan Phoebe Hidalgo

II. Practice of Law

I. Supervision and Control

REVIEWER IN LEGAL ETHICS

Chapter I. Legal Profession

CHAPTER I. LEGAL PROFESSION

Requirements for Practice (CRABGO)

REVIEWER IN LEGAL ETHICS

Chapter I. Legal Profession

CHAPTER I. LEGAL PROFESSION

Rationale Citizenship ensures republic and its laws.

4. Good Moral Character

REVIEWER IN LEGAL ETHICS

Chapter I. Legal Profession

CHAPTER I. LEGAL PROFESSION

REVIEWER IN LEGAL ETHICS

Chapter I. Legal Profession

CHAPTER I. LEGAL PROFESSION

IV. Qualifications for Practice

REVIEWER IN LEGAL ETHICS

Chapter I. Legal Profession

CHAPTER I. LEGAL PROFESSION

REVIEWER IN LEGAL ETHICS

Chapter I. Legal Profession

V. Prohibition from Practice

VI. Notarial Practice

CHAPTER I. LEGAL PROFESSION

REVIEWER IN LEGAL ETHICS

Chapter I. Legal Profession

CHAPTER I. LEGAL PROFESSION

REVIEWER IN LEGAL ETHICS

Chapter I. Legal Profession

REVIEWER IN LEGAL ETHICS

Chapter II. Code of Professional Responsibility

Chapter II. Code of Professional Responsibility

CHAPTER II. CODE OF PROFESSIONAL RESPONSIBILITY

REVIEWER IN LEGAL ETHICS

Chapter II. Code of Professional Responsibility

4) Duties to the Client entire devotion to clients interest

II. Lawyers Duties to Society

CHAPTER II. CODE OF PROFESSIONAL RESPONSIBILITY

REVIEWER IN LEGAL ETHICS

Chapter II. Code of Professional Responsibility

REVIEWER IN LEGAL ETHICS

Chapter II. Code of Professional Responsibility

CHAPTER II. CODE OF PROFESSIONAL RESPONSIBILITY

REVIEWER IN LEGAL ETHICS

Chapter II. Code of Professional Responsibility

CHAPTER II. CODE OF PROFESSIONAL RESPONSIBILITY

REVIEWER IN LEGAL ETHICS

Chapter II. Code of Professional Responsibility

CHAPTER II. CODE OF PROFESSIONAL RESPONSIBILITY

REVIEWER IN LEGAL ETHICS

Chapter II. Code of Professional Responsibility

LAW STUDENTS DISSEMINATING JURISPRUDENCE. OBLIGATIONS

ASSIST IN LAW AND