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LEGAL THICS POWER TO REGULATE THE PRACTICE OF LAW
PRELIMINARY MATTERS
Legal Ethics branch of moral science which treats of the duties which
an attorney owes to the court, to his client, to his colleagues in the
profession and to the public.
- It is the embodiment of all principles of morality and
refinement that should govern the conduct of every member of the bar.
PRIMARY CHARACTERISTICS WHICH DISTINGUISH THE LEGAL
PROFESSION FROM BUSINESS
1. A duty of public service
2. A relation, as an officer of the court, to the administration of
justice involving thorough sincerity, integrity and reliability
3. A relation to clients with the highest degree of fiduciary
4. A relation to the colleagues at the bar characterized by candor,
fairness and unwillingness to resort to current business
methods of advertising and encroachment on their practice, or
dealing directly with their clients.
PRACTICE OF LAW
CASE: Any activity in or out of court which requires the application of
law, legal principle, practice or procedure and calls for legal knowledge,
training and experience. (Cayetano vs Monsod, 201 SCRA 210)
Strictly speaking, the word practice of law implies the
customary or habitual holding of oneself to the public as a lawyer and
demanding compensation for his services. [People vs. Villanueva 14 SCRA
111]
ESSENTIAL CRITERIA DETERMINATIVE OF ENGAGING IN THE
PRACTICE OF LAW: (HACA)
1. Habituality- implies customarily or habitually holding oneself
out to the public as a lawyer
2. Compensation- implies that one must have presented himself
to be in the active practice and that his professional services
are available to the public for compensation, as a source of his
livelihood or in consideration of his said services.
3. Application of law, legal principle, practice, or procedure
which calls for legal knowledge, training and experience
4. Attorney client relationship
PRIVATE PRACTICE
Private practice is more than an isolated appearance for it consists
of frequent or customary actions, a succession of acts of the same kind.
NOTE: An isolated appearance does not amount to practice of law of a
public officer if allowed by his superior in exceptional cases.
NOTE: The practice of law is not a natural, property or constitutional
right but a mere privilege. It is not a right granted to any one who
demands it but a privilege to be extended or withheld in the exercise of
sound judicial discretion. It is in the nature of a franchise conferred only
for merit which must be earned by hard study, learning and good
conduct. It is a privilege accorded only to those who measure up to
certain rigid standards of mental and moral fitness. Those standards are
neither dispensed with nor lowered after admission. The attorneys
continued enjoyment of the privilege conferred depends upon his
complying with the ethics and rules of 333the profession.
But practice of law is in the nature of a right. While the
practice of law is a privilege, a lawyer cannot be prevented from
practicing law except for valid reasons, the practice of law not being a
matter of states grace or favor. He holds office during good behavior and
can only be deprived of it for misconduct ascertained and declared by
judgment of the Supreme Court after opportunity to be heard has been
afforded him. The state cannot exclude an attorney from the practice of
law in a manner or for reasons that contravene the due process or equal
protection clause of the Constitution.
CASES: The Constitution [Art. VIII, Sec. 5(5)] vests this power of
control and regulation in the Supreme Court. The constitutional power
to admit candidates to the legal profession is a judicial function and
involves the exercise of discretion. Petition to that end is filed with the
Supreme Court as are other proceedings invoking judicial function [In re:
Almacen 31 SCRA 562]
The SC acts through a Bar Examination Committee in the
exercise of its judicial function to admit candidates to the legal profession.
Thus, the Committee is composed of a member of the Court who acts as
Chairman and 8 members of the bar who acts as examiners in the 8 bar
subjects with one subject assigned to each. [In re Lanuevo, 66 SCRA 245]
The power of the SC to regulate the practice of law includes the
authority to:
1. Define the term
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
8. Exercise overall supervision of the legal profession
9. Exercise any other power as may be necessary to elevate the
standards of the bar and preserve its integrity.
On the other hand, the LEGISLATURE, in the exercise of its POLICE
POWER may, however, enact laws regulating the practice of law to
protect the public and promote the public welfare. But the legislature
MAY NOT pass a law that will control the SC in the performance of its
function to decide who may enjoy the privilege of practicing law and any
law of that kind is unconstitutional as an invalid exercise of legislative
power.
WHO MAY PRACTICE LAW?
Any person heretofore 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.
[Sec. 1, Rule 138]
REQUIREMENTS BEFORE A CANDIDATE CAN ENGAGE IN THE
PRACTICE OF LAW
I. He must have been admitted to the Bar
a. Furnishing satisfactory proof of educational, moral and other
qualification;
b. Passing the bar
c. Taking the Lawyers Oath before the SC
A lawyers oath signifies that the lawyer in taking such an
oath accepts and affirms his ethical obligations in the
performance of his duties as a lawyer and signifies likewise his
awareness of his responsibilities that he assumes by his
admission to the legal profession.
d. Signing the Attorneys Roll and receiving from the Clerk of
Court of the SC a Certificate of the license to practice
II. After his admission to the bar, a lawyer must remain in good and
regular standing, which is a continuing requirement for the practice of
law. He must:
a. Remain a member of the IBP (membership therein by every
attorney is made compulsory);
b. Regularly pay all IBP membership dues and other lawful
assessments, as well as the annual privilege tax;
c. Faithfully observe the rules and ethics of the legal profession;
and
d. Be continually subject to judicial disciplinary control.
BASIC REQUIREMENTS FOR ADMISSION TO THE BAR
Under Section 2, 5 and 6, Rule 138, the applicant must be:
1. Citizen of the Philippines;
2. At least 21 years of age;
3. Of good moral character;
(Note: This is a continuing requirement.)
4. Resident of the Philippines;
5. Must produce before the SC satisfactory evidence of good
moral character;
6. No charges against him, involving moral turpitude, have been
filed or are pending in any court in the Phil. [Sec. 2, Rule 138];
7. Must have complied with the academic requirements;
8. Pass the bar examinations.
Moral Turpitude imports an act of baseness, vileness or depravity in
the duties which one person owes to another or to society in general
which is contrary to the usually accepted and customary rule of right and
duty which a person should follow.
ACADEMIC REQUIREMENTS FOR THE CANDIDATES
1. Must have already earned a Bachelors Degree in Arts or
Sciences (Pre-law)
2. Law Course completed courses in Civil Law, Commercial Law,
Remedial Law, Criminal Law, Public and International Law,
Political Law, Labor and Social Legislation, Medical
Jurisprudence, Taxation, Legal Ethics. [Sec. 5 and 6, Rule 138]
APPEARANCE OF NON-LAWYER IN COURT
MAY A NON-LAWYER APPEAR IN COURT?
General Rule: Only those who are licensed to practice law can appear
and handle cases in court.
Exceptions:
1. Before the MTC - a party may conduct his case or litigation in
person with the aid of an
agent or friend appointed by him. [Sec. 34, Rule 138]
2. Before any court a party may conduct his litigation personally.
But he gets someone to aid him and that someone must be an
authorized member of the Bar [Sec. 34, Rule 138]. 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.
3. In a criminal case before the MTC in a locality where a duly
licensed member of the Bar is not available, the judge may appoint a
non-lawyer who is a resident of that province, of good repute for
probity and ability to the accused in his defense. [Sec. 7, Rule 116]
4. Student Practice Rule - A law student who has successfully
completed his 3rd year of the regular 4-year prescribed law
curriculum and is enrolled in a recognized law schools clinical
legal education program approved by the SC may appear
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 school. [Sec. 1,
Rule 138-A] The student shall be under the direct supervision and
control of a member of the IBP duly accredited by the law school.
[Sec. 2]
5. Under the Labor Code non-lawyers may appear before the NLRC
or any Labor Arbiter if they (a) represent themselves; (b) represent
their organization or members thereof [Art. 222, PD 442]
6. A non-lawyer may represent a claimant before the Cadastral Court
[Sec. 9, Act. No. 2259]
7. Any person appointed to appear for the government of the
Philippines in accordance with law [Sec. 33, Rule 138]
LIMITATIONS ON APPEARANCE OF NON-LAWYERS BEFORE THE
COURTS
1. He should confine his work to non-adversary contentions. He
should not undertake purely legal work, such as the
examination or cross-examination of witnesses, or the
presentation of evidence.
2. Services should not be habitually rendered.
3. Should not charge or collect attorneys fees. [PAFLU vs.
Binalbagan Isabela Sugar Co. 42 SCRA 302]
RIGHT OF PARTY TO REPRESENT HIMSELF
Civil Cases: An individual litigant has the right to conduct his litigation
personally.
Criminal Cases: Involving grave and less grave offenses, an accused who
is a layman must always appear by counsel; he CANNOT conduct his own
defense, as his right to counsel may NOT be waived without violating his
right to due process of law.
By a Juridical Person: A juridical person must always appear in court by
a duly licensed member of the bar, except in the municipal trial court
where it may be represented by its agent or officer who need not be a
lawyer.
PARTNERSHIP WITH NON-LAWYERS VOID
In the formation of partnership for the practice of law, no person
should be admitted or held out as a practitioner or member who is not a
member of the legal profession duly authorized to practice, and amenable
to professional discipline.
PRACTICE BY CORPORATION
It is well settled that a corporation CANNOT engage in the
practice of law. It may, however, hire an attorney to attend to and conduct
its own legal business or affairs. But it cannot practice law directly or
indirectly by employing a lawyer to practice for it or to appear for others
for its benefit.
Reasons:
1. Nature of the privilege and on the confidential and trust relation
between attorney and client.
2. A corporation cannot perform the conditions required for
membership in the bar, such as the possession of good moral
character and other special disqualifications, the taking of an oath
and becoming an officer of the court, subject to its discipline,
suspension or removal.
3. The relation of trust and confidence cannot arise where the
attorney is employed by a corporation to practice for it, his
employer and he owing, at best, a secondary and divided loyalty to
the clientele of his corporate employer.
4. The intervention of the corporation is destructive of that
confidential and trust relation and is obnoxious to the law.
PERSONS AUTHORIZED TO REPRESENT THE GOVERNMENT
Any official or other person appointed or designated in accordance
with law to appear for the government of the Philippines or any of its
officials shall have all the rights of a duly authorized member of the bar to
appear in any case in which the government has an interest, direct or
indirect, or in which such official is charged in his official capacity.
RULES ON PUBLIC OFFICIALS REGARDING PRACTICE OF LAW
PUBLIC OFFICIALS WHO CANNOT PRACTICE LAW IN THE
PHILIPPINES
1. Judges and other officials or employees of the superior court
2. Officials and employees of the Office of the Solicitor General
3. Government Prosecutors
4. President, Vice-President, members of the Cabinet, their
deputies and assistants
5. Chairmen and members of the Constitutional Commissions
6. Ombudsman and his deputies
7. Governors, city and municipal mayors
8. Those who, by special law are prohibited from engaging in the
practice of their legal profession
PUBLIC OFFICIALS WITH RESTRICTIONS IN THE PRACTICE OF LAW
1. Senators and Members of the House of Representatives
2. Members of the Sanggunian
3. Retired Justice or Judge
4. Civil Service officers or employees without permit from their
respective department heads [Noriega vs. Sison 125 SCRA 293]
RESTRICTIONS IN THE PRACTICE OF LAW OF MEMBERS OF
LEGISLATURE
CASES: A lawyer-member of the legislature is only prohibited from
appearing as counsel before any court of justice, electoral tribunals or
quasi-judicial and administrative bodies. The word appearance includes

not only arguing a case before any such body but also filing a pleading on
behalf of a client as by simply filing a formal motion, plea or answer.
[Ramos vs. Manalac 89 Phil 270]
Neither can he allow his name to appear in such pleading by
itself or as part of a firm name under the signature of another qualified
lawyer because the signature of an agent amounts to signing of a non-
qualified senator or congressman, the office of an attorney being
originally of agency, and because he will, by such act, be appearing in
court or quasi-judicial or administrative body in violation of the
constitutional restriction. He cannot do indirectly what the Constitution
prohibits directly. [In re: David 93 PHIL 461]
RESTRICTIONS IN THE PRACTICE OF LAW OF THE MEMBERS OF THE
SANGGUNIAN
They shall not:
1. Appear as counsel before any court in any civil case wherein a
local government unit or any office, agency or instrumentality
of the government is the adverse party;
2. Appear as counsel in any criminal case wherein an officer or
employee of the national or local government is accused of an
offense committed in relation to his office;
3. Collect any fee for their appearance in administrative
proceedings involving the local government unit of which he is
an official. [Sec. 90, R.A. 7160]
4. Use property and personnel of the government except when
the Sanggunian member concerned is defending the interest of
the government
RESTRICTIONS IN THE PRACTICE OF LAW OF RETIRED
JUSTICE/JUDGE
As a condition of the pension provided under R.A. 910, no retiring
justice or judge of a court of record or city or municipality judge during
the time that he is receiving said pension shall:
Appear as counsel before any court in:
a. Any civil case wherein the government or any subdivision or
instrumentality thereof is the adverse party;
b. Any criminal case wherein an officer or an employee of the
government is accused of an offense committed in relation to
his office.
2. Collect any fees for his appearance in any administrative
proceedings to maintain an interest adverse to the government,
provincial or municipal, or to any of its legally constituted officers
[Sec 1, RA 910].
REMEDIES AGAINST UNAUTHORIZED PRACTICE (DICED)
1. Petition for Injunction
2. Declaratory Relief
3. Contempt of Court
4. Disqualification and complaints for disbarment
5. Criminal complaint for estafa against a person who falsely
represented to be an attorney to the damage of a party
PRIVILEGES AND DUTIES OF A LAWYER
PRIVILEGES OF AN ATTORNEY:
1. To practice law during good behavior before any judicial, quasi-
judicial, or administrative tribunal.
2. The first one to sit in judgment on every case, to set the judicial
machinery in motion.
3. Enjoys the presumption of regularity in the discharge of his duty.
4. He is immune, in the performance of his obligation to his client,
from liability to a third person insofar as he does not materially
depart from his character as a quasi-judicial officer.
5. His statements, if relevant, pertinent or material to the subject of
judicial inquiry are absolutely privileged regardless of their
defamatory tenor and of the presence of malice.
OTHER PRIVILEGES:
First grade civil service eligibility for any position in the classified service
in the government the duties of which require knowledge of law.
Second grade civil service eligibility for any other government position
which does not prescribe proficiency in law as a qualification.
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FOUR-FOLD DUTIES OF A LAWYER
1. Court- respect or defend against criticisms, uphold authority and
dignity, obey order and processes, assist in the administration of
justice.
2. Bar- candor, fairness, courtesy and truthfulness, avoid
encroachment in the business of other lawyers, uphold the honor
of the profession.
3. Client- entire devotion to clients interest.
4. Public- should not violate his responsibility to society, exemplar
for uprighteousness, 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.
SPECIFIC DUTIES OF A LAWYER (SEC. 20, RULE 138) [C2A2R2E2D]
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 and maintain the respect due to the courts of
justice and judicial officers;
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 in connection with his client
and to accept no compensation in connection with his clients
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 and 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 mans
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.
DUTY OF COUNSEL DE OFICIO
A counsel de oficio is expected to render effective service and
to exert his best efforts on behalf of an indigent accused. He has as high a
duty to a poor litigant as to a paying client. He should have a bigger dose
of social conscience and a little less of self-interest.
ROLE OF PRIVATE PROSECUTOR
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.
He may prosecute the accused up to the end of the trial even in the
absence of the public prosecutor if authorized by the chief of the
prosecution office or the Regional State Prosecutor subject to the
approval of the court (Sec. 5, Rule 110; Rules of Court dated May 1, 2002).
THE LAWYERS OATH
I, ____________, do solemnly swear that I will maintain allegiance
to the Republic of the Philippines; I will support 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
courts as to my clients; and I impose upon myself this voluntary
obligation without any mental reservation or purpose of evasion. So help
me God.

NOTARY PUBLIC
A person appointed by the court whose duty is to attest to the
genuineness of any deed or writing inorder to render them available as
evidence of facts stated therein and who is authorized by the statute to
administer various oaths.
A.M. No. 02-8-13-SC: Rules on Notarial Practice of 2004
(August 1, 2004)
QUALIFICATIONS OF A NOTARY PUBLIC
1. Must be 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 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
5. Must not have been convicted in the first instance of any crime
involving moral turpitude (Rule III, Section 1)
JURISDICTION AND TERM
A 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 on the 1st day of January of the year in
which the commissioning is made UNLESS earlier revoked or the
notary public has resigned according to these Rules and the Rules of
Court (Rule III, Section 11).
POWERS AND LIMITATIONS OF NOTARIES PUBLIC
POWERS
A notary public is empowered to do the following acts: (JAOSAC)
1. Acknowledgments;
2. Oaths and affirmations;
3. Jurats;
4. Signature witnessings;
5. Copy certifications; and
6. Any other act authorized by these Rules.
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.
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:
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 (2) 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 the presence of (names and addresses
of person and two (2) witnesses), and
5. The notary public notarizes his signature by
acknowledgment or jurat (Rule IV, Section 1).
PROHIBITIONS
General Rule: A notary public shall not perform a notarial act outside
his regular place of work or business.
Exceptions: A notarial act may be performed at the request of the
parties in the following sites located within his territorial jurisdiction:
a. Public offices, convention halls and similar places where oaths
of office may be administered;
b. Public function areas in hotels and similar places for the
signing of instruments or documents requiring notarization;
c. Hospitals and medical institutions where a party to the
instrument or document is confined for treatment; and
d. Any place where a party to the instrument or document
requiring notarization is under detention.
A person shall not perform a notarial act if:
1. the person involved as signatory to the instrument or
document-
a. Is not in the notarys presence at the time of the
notarization; and
b. 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 (Rule IV, Section 2).
2. the certificate containing an information known or
believed to be false; and
3. he shall not affix an official signature or seal on a notarial
certificate that is incomplete (Rule IV, Section 5).
DISQUALIFICATIONS
A notary public is disqualified from performing a notarial if he:
1) Is a party to the instrument or document;
2) Will receive, as a direct or indirect result any commission, fee,
advantage, right, title, interest, cash, property, or other
consideration, except as provided that is to be notarized;
3) Is a spouse, common-law partner, ancestor, descendant, or
relative by affinity or consanguinity of the principal within the
fourth civil degree (Rule IV, Section 3).
When notary public may refuse to notarize even if appropriate fee is
tendered:
1) When the notary knows or has good reason to believe that the
notarial act or transaction is unlawful or immoral.
2) When the signatory shows a demeanor which engenders in the
mind of the notary public reasonable doubt as to the formers
knowledge of the consequences of the transaction requiring a
notarial act.
3) If in the notarys judgment, the signatory is not acting in
his/her own free will (Rule IV, Section 4).
4) If the document or instrument to be notarized is considered as
an improper document by these Rules.
NOTE: A blank or incomplete instrument or document OR an instrument
or document without appropriate notarial certification is considered an
Improper Instrument/Document (Rule IV, Section 6).
NOTARIAL CERTIFICATES
Contents of the Concluding part of the Notarial Certificate:
1) The name of the notary public as exactly indicated in the
commission;
2) The serial number of the commission of the notary public;
3) The words Notary Public and the province or city where the
notary public is commissioned, the expiration date of the
commission and the office address of the notary public; and
4) The Roll of Attorneys number, the Professional Tax Receipt
number and the place and date of issuance thereof and the IBP
Membership number (Rule VIII, Section 2).
REVOCATION OF COMMISSION
The Executive Judge shall revoke a commission for any ground on
which an application for a commission may be denied.
In addition, the Executive Judge may revoke the commission of or
impose sanctions upon any notary public who:
1) Fails to keep a notarial register;
2) Fails to make the appropriate 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 the 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 the revocation
of the commission or imposition of administrative sanction
(Rule XI, Section 1).
PUNISHABLE ACTS
The Executive Judge shall cause the prosecution of any person who:
1) Knowingly acts or otherwise impersonates a notary public;
2) Knowingly obtains, conceals, defaces, or destroys the seal,
notarial register, or official records of a notary public; and
3) Knowingly solicits, coerces, or in any way influences a notary
public to commit official misconduct (Rule XII, Section 1).
TERMS TO REMEMBER
Amicus Curiae- is an experienced and impartial attorney invited by the
court to appear and help in the disposition of the issues submitted
to it. It implies friendly intervention of counsel to call the attention
of the court to some matters of law or facts which might otherwise
escape its notice and in regard to which it might go wrong. An
amicus curiae appears in court not to represent any particular
party but only to assist the court.
Amicus Curiae par excellence bar associations who appear in court as
amici curiae or friends of the court. Acts merely as a consultant to
guide the court in a doubtful question or issue pending before it.
Attorney ad hoc- a person named appointed by the court to defend an
absentee defendant in the suit in which the appointment is made.
Attorneys-At-Law that class of persons who are licensed 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.
Attorney in fact- simply an agent whose authority is strictly limited by
the instrument appointing him. His authority is provided in a
special power of attorney or general power of attorney or letter of
attorney. He is not necessarily a lawyer.
Attorney of record- the attorney whose name is entered in the records
of an action or suit as the lawyer of a designated party thereto.
Bar and Bench Bar refers to the whole body of attorneys and
counselors collectively, the members of the legal profession:
Bench denotes the whole body of judges.
Bar Association an association of members of the legal profession like
the IBP where membership is integrated or compulsory.
Client one who engages the services of a lawyer for legal advice or for
purposes of prosecuting or defending a suit in behalf and usually
for a fee.
Counsel/Attorney de oficio an attorney appointed by the court to
defend an indigent defendant in a criminal action.
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In a criminal action, if the defendant appears without an
attorney, he must be informed by the court that it is his right to
have an attorney before being arraigned and must be asked if he
desires the aid of an attorney. If he desires and is unable to employ
an attorney, the court must assign a counsel de oficio to defend
him. He is also designated as counsel of indigent litigants. The
appointment of a counsel de oficio in that instance is a matter of
right on the part of the defendant.
On appeal in a criminal case, the appellate court must also
appoint a counsel de oficio if, as shown by the certificate of the
clerk of court of the trial court, a defendant (a) is confined in
prison, (b) without means to employ an attorney, (c) desires to be
defended de oficio.
House Counsel one who acts as attorney for business though carried as
an employee of that business and not as an independent lawyer.
Lawyer this is the general term for a person trained in the law and
authorized to advice and represent others in legal matters
Lead Counsel the counsel on either side of a litigated action who is
charged with the principal management and direction of a partys
case, as distinguished from his juniors or subordinates.
Of Counsel an experienced lawyer, usually a retired member of the
judiciary, employed by law firms as consultants.
Practicing Lawyer one engaged in the practice of law who by license
are officers of the court and who are empowered to appear,
prosecute and defend a clients cause.
Pro Se - an appearance by a lawyer in his own behalf.
Trial Lawyer one who personally handles cases in court,
administrative agencies of boards which means engaging in actual
trial work, either for the prosecution or for the defense of cases of
clients.
II .THE CANONS OF PROFESSIONAL RESPONSIBILITY
Chapter I: The Lawyer and Society
CANON -
1. Uphold the Constitution and obey the laws of the land
2. Make legal services available in an efficient and
convenient manner
3. Use of true, honest, fair, dignified and objective
information in making known legal services
4. Participate in the improvement of the legal system
5. Keep abreast of legal development and participate in
continuing legal education program and assist in
disseminating information regarding the law and
jurisprudence
6. Applicability of the CPR to lawyers in the government
service
Chapter II: The Lawyer and the Legal Profession
CANON -
7. At all times uphold the integrity and dignity of the
Profession and support the activities of the IBP
8. Conduct himself with courtesy, fairness and candor
toward his colleagues and avoid harassing tactics
9. Not to directly or indirectly assist in the unauthorized
practice of law
Chapter III: The Lawyer and the Courts
CANON -
10. Owes candor, fairness and good faith to the court
11. Observe and maintain the respect due courts and judicial
officers
12. Duty to assist in the speedy and efficient administration
of justice
13. Rely upon the merits of his cause, refrain from any
impropriety which tends to influence courts, or give the
appearance of influencing the court
Chapter IV: The Lawyer and the Client
CANON -
14. Not to refuse his services to the needy
15. Observe candor, fairness and loyalty in all his dealings
and transactions with clients
16. Hold in trust all the moneys and property of his client
that may come to his possession
17. Owes fidelity to clients cause and be mindful of the trust
and confidence reposed in him
18. Serve client with competence and diligence
19. Represent client with zeal and within the bounds of law
20. Charge only fair and reasonable fees
21. Preserve the confidence and secrets of client even after
the atty.-client relation is terminated
22. Withdraw services only for good cause and upon notice
LAWYERS DUTIES TO SOCIETY
CANON 1: UPHOLD THE CONSTITUTION AND OBEY THE LAWS OF
THE LAND
DISCOURAGING LAW SUITS
Under Rule 1.03, a lawyer shall not for any corrupt motive or
interest, encourage any suit or proceeding or delay any mans cause.
CRIME OF MAINTENANCE A lawyer owes to society and to the court
the duty not to stir up litigation. The following are unprofessional acts
within the prohibition:
1. Volunteering advice to bring lawsuit except where ties of blood,
relationship, and trust make it a duty to do so.
2. Hunting up defects in titles or other causes of action and
informing thereof to be employed to bring suit or collect
judgment, or to breed litigation by seeking out claims for
personal injuries or any other grounds to secure them as
clients.
3. Employing agents or runners for like purposes.
4. Paying direct or indirect reward to those who bring or influence
the bringing of such cases to his office.
5. Searching for unknown heirs and soliciting their employment.
6. Initiating a meeting of a club and inducing them to organize and
contest legislation under his guidance.
7. Purchasing notes to collect them by litigation at a profit.
A lawyer shall refrain from committing barratry and ambulance
chasing of cases.
Barratry offense of frequently inciting and stirring up quarrels and
suits. The lawyers act of fomenting suits among individuals and offering
his legal services to one of them
Ambulance Chasing a lawyers act of chasing the victims of an accident
for the purpose of talking to the same victim or the latters relatives and
offering his legal services for the filing of the case against the person who
caused the accident.
Ambulance Chaser is a lawyer who haunts hospitals and visits the
homes of the afflicted, officiously intruding their presence and
persistently offering his service on the basis of a contingent.
Ambulance chasing has spawned recognized evils such as: (FSMD)
1. Fomenting of litigation with resulting burdens on the courts
and the public.
2. Subornation of perjury.
3. Mulcting of innocent persons by judgments, upon
manufactured causes of action.
4. Defrauding of injured persons having proper causes of action
but ignorant of legal rights and court procedures by means of
contracts which retain exorbitant percentages of recovery and
illegal charges for court costs and expenses and by settlement
made for quick returns of fees and against the just rights of the
injured persons.
CANON 2: MAKING AVAILABLE EFFICIENT LEGAL SERVICE
A lawyer shall not reject, except for valid reasons, the cause of
the defenseless or the oppressed. (Rule 2.01)
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 latters rights. (Rule 2.02)
CANON 3: USE OF TRUE, HONEST, FAIR AND OBJECTIVE
INFORMATION IN MAKING KNOWN LEGAL SERVICES
ADVERTISING AND SOLICITATION
General Rule: A lawyer cannot advertise his talent, as he is a member
of an honorable profession whose primary purpose is to render public
service and help secure justice and in which the remuneration is a mere
incident.
It is highly unethical for an attorney to advertise his talents or
skill as a merchant advertises his wares. [In re: Tagorda 53 Phil 42]
Exceptions:
1. Writing legal articles
2. Engaging in business or other occupations except when such
could be deemed improper, be seen as indirect solicitation or
would be the equivalent of law practice.
3. Law lists, but only brief biographical and informative data
4. Ordinary, professional cards
5. Notice to other local lawyers and publishing in a legal journal
of ones availability to act as an associate for them
6. The proffer of free legal services to the indigent, even when
broadcasted over the radio or tendered through circulation of
printed matter to the general public.
7. Seeking a public office, which can only be held by a lawyer or,
in a dignified manner, a position as a full time corporate
counsel.
8. Simple announcement of the opening of a law firm or of
changes in the partnership, associates, firm name or office
address, being for the convenience of the profession.
9. Listing in a phone directory, but not under a designation of a
special branch of law.
10. Activity of an association for the purpose of legal
representation.
Solicitation of Cases Constitutes Malpractice
The law prohibits lawyers from soliciting cases for the purpose
of gain, either personally or through paid agents or brokers and makes
the act malpractice [Rule 138, sec. 27, Rules of Court]. The rule prohibits
professional touting. Neither shall a lawyer charge rates lower than
those customarily prescribed unless the circumstances so warrant.
USE OF LAW FIRM NAME
1. 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. [Rule 3.02, Code of Professional
Responsibility]. Hence, the rule abandoned the doctrine laid down in the
case of In re: Sycip, 92 SCRA 1 (1979).
Reason: All of the partners by their joined efforts over a period of years
contributed to the goodwill attached to the firm name, and this goodwill
is disturbed by a change in firm name every time a partner dies.
2. 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 concurrently. [Rule 3.02, Code of Professional
Responsibility].
3. Filipino lawyers cannot practice law under the name of a foreign law
firm, as the latter cannot practice law in the Philippines and the use of the
foreign law firm in the country is unethical. (Dacanay vs. Baker &
McKenzie, G.R. Adm. Case No. 2131)

CANON 4: PARTICIPATE IN THE IMPROVEMENT OF THE LEGAL
SYSTEM
Examples:
1. Presenting position papers or resolutions for the introduction
of pertinent bills in Congress;
2. Petitions with the SC for the amendment of the Rules of Court.
CANON 5: KEEP ABREAST OF LEGAL DEVELOPMENTS AND
PARTICIPATE IN CONTINUING LEGAL EDUCATION PROGRAM
THREE-FOLD OBLIGATIONS OF A LAWYER:
1. He owes it to himself to continue improving his knowledge of
the law.
2. He owes it to his profession to take an active interest in the
maintenance of high standards of legal education.
3. He owes it to the lay public to make the law a part of their
social consciousness.
Bar Matter 850: MANDATORY CONTINUING LEGAL EDUCATION
(MCLE)
(Adopting the Rules on the Continuing Legal Education for Members of
the Integrated Bar of the Philippines)
August 8, 2000
Purpose: 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.
Requirements of Completion of MCLE
Members of the IBP, unless exempted under Rule 7, shall
complete every three (3) years at least 36 hours of continuing legal
education activities. The 36 hours shall be divided as follows:
a. 6 hours legal Ethics
b. 4 hours trial and pretrial skills
c. 5 hours alternative dispute resolution
d. 9 hours updates on substantive and procedural laws and
jurisprudence
e. 4 hours writing and oral advocacy
f. 2 hours international law and international conventions
g. 6 hours such other subjects as may be prescribed by the
Committee on MCLE
Parties Exempted from the MCLE
1. The President, Vice-President, and the Secretaries and
Undersecretaries of executive departments;
2. Senators and Members of the House of Representatives;
3. The Chief Justice and Associate Justices of the SC, incumbent
and retired justices of the judiciary, incumbent members of the
Judicial and Bar Council and incumbent court lawyers covered
by the Philippine Judicial Academy Program of continuing legal
education;
4. The Chief State Counsel, Chief State Prosecutor and Assistant
Secretaries of the Department of Justice;
5. The Solicitor-General and the Assistant Solicitor-General;
6. The Government Corporate Counsel, Deputy and Assistant
Government Corporate Counsel;
7. The Chairman and Members of the Constitutional
Commissions;
8. The Ombudsman, the Overall Deputy Ombudsman, the Deputy
Ombudsman and the Special Prosecutor of the Office of the
Ombudsman;
9. Heads of government agencies exercising quasi-judicial
functions;
10. Incumbent deans, bar reviewers and professors of law who
have teaching experience for at least 10 years in accredited law
schools;
11. The Chancellor, Vice-Chancellor and members of the Corps of
Professional Lecturers of the Philippine Judicial Academy; and
12. Governors and Mayors
Other Exempted Parties
1. Those who are not in law practice, private or public
7
2. Those who have retired from law practice with the approval of
the IBP Board of Governors
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) from compliance with or modification of
any of the requirements, including an
extension of time for compliance, in accordance with procedure to be
established by the committee on MCLE.
Proof of exemption: Applications for exemption from or modification of
the MCLE requirement shall be under oath and supported by documents.
Consequences of Non-Compliance
1. A member who fails to comply with the requirements after the
60-day period shall be listed as delinquent member by the IBP
Board of Governors upon recommendation of the Committee
on MCLE.
2. The listing as a delinquent member is administrative in nature
but shall be made with notice and hearing by the Committee on
MCLE.
CANON 6: APPLICABILITY OF THE CPR TO LAWYERS IN THE
GOVERNMENT SERVICE
Restriction Against Using Public Office to Promote Private Interest
Public officials and employees during their incumbency shall NOT:
1. 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
2. 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.
3. Recommend any person to any position in a private enterprise
which has a regular or pending official transaction with their
office
4. Use or divulge confidential or classified information officially
known to them by reason of their office and not available to the
public.
Restrictions Against Former Official from Accepting Certain
Employment
A lawyer shall NOT, after leaving the government service, accept
engagement or employment in connection with any matter in which he
had intervened while in said service. [Rule 6.03, Code of Professional
Responsibility]
Section 7 (b), RA 6713 prohibits any former public official or
employee for a period of one year after retirement or separation from
office to practice his profession in connection with any other matter
before the office he used to be with.
THE LAWYER AND THE LEGAL PROFESSION
CANON 7: UPHOLD THE INTEGRITY AND DIGNITY OF THE
PROFESSION AND SUPPORT THE ACTIVITIES OF THE IBP
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. (Rule 7.01)
A lawyer shall not, whether in public or private life, behave in a
scandalous manner to the discredit of the legal profession. (Rule 7.03)
CASE: Counsels act of filing multiple complaints against herein
complainants reflects on his fitness to be a member of the legal
profession. His act evinces vindictiveness, a decidedly undesirable trait
whether in a lawyer or another individual, as complainants were
instrumental in respondents dismissal from the judiciary. (Saburnido vs.
Madrono, 366 SCRA 1, September 26, 2001)
 CANON 8: COURTESY, FAIRNESS AND CANDOR TOWARD HIS
COLLEAGUES AND AVOID HARASSING TACTICS
A lawyer shall not, in his professional dealings, use language
which is abusive, offensive or otherwise improper. (Rule 8.01)
CASE: Although aware that the plaintiff students were represented by
counsel, respondent attorney, counsel for the defendants proceeded,
nonetheless, to negotiate with them and their parents without at the very
least communicating the matter to their lawyer. This failure of
respondent is an inexcusable violation of the canons of professional
ethics and in utter disregard of a duty owing to a colleague. (Camacho vs.
Pangulayan, 328 SCRA 631, March 22, 2000)
CANON 9: PREVENTING UNAUTHORIZED PRACTICE OF LAW
Public policy requires that the practice of law be limited to those
individuals found duly qualified in education and character.
Purpose: To protect the public, the court, the client and the bar from the
incompetence or dishonesty of those unlicensed to practice law and not
subject to the disciplinary control of the court.
1. A lawyer is prohibited from allowing an intermediary to
intervene in the performance of his professional obligation.
2. A lawyer cannot 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.
3. A lawyer cannot divide or stipulate a fee for legal services with
a person not licensed to practice law.
Exceptions:
1. Where there is a pre- existing agreement with a partner or
associate that, upon the latters death, money shall be paid over
a reasonable period of time to his estate or to persons specified
in the agreement;
2. Where a lawyer undertakes to complete unfinished legal
business of a deceased lawyer;
3. 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 arrangement.
LAWYERS DUTIES TO COURTS
CANON 10: CANDOR, FAIRNESS AND GOOD FAITH TO COURTS
A lawyer shall NOT do any falsehood, nor consent to the doing
of any in court; nor shall be misled, or allow the court to be misled by any
artifice. (Rule 10.01)
REQUIREMENTS OF CANDOR:
1. A lawyer shall not suppress material and vital facts which bear on the
merit or lack of merit of complaint or petition;
2. A lawyer shall volunteer to the court any development of the case
which has rendered the issue raised moot and academic;
3. Disclose to court any decision adverse to his position of which
opposing counsel is apparently ignorant and which court should
consider in deciding a case;
4. He shall not represent himself as lawyer for a client, appear for client
in court and present pleadings, only to claim later that he was not
authorized to do so.
Note: A lawyer is not an umpire but an advocate. He is not obliged to
refrain from making every proper argument in support of any legal point
because he is not convinced of its inherent soundness. Neither is he
obliged to suggest arguments against his position.
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 a law a provision
already rendered inoperative by repeal or amendment, or assert as a fact
that which has not been proved. (Rule 10.02)
A lawyer shall observe the rules of procedure and shall NOT
misuse them to defeat the ends of justice. (Rule 10.03)
CANON 11: OBSERVANCE OF RESPECT DUE THE COURTS
A lawyer shall observe and maintain the respect due to the
courts and to judicial officers and should insist on similar conduct by
others.
A lawyer should show respect due the court and judicial officer
by appearing during the trial of a case punctually and in proper attire.
A lawyers language should be forceful but dignified, emphatic
but respectful as befitting an advocate and in keeping with the dignity of
the legal profession.
RIGHT AND DUTY OF LAWYER TO CRITICIZE COURTS
The fact that a person is a lawyer does not deprive him of the
right, enjoyed by every citizen, to comment on and criticize the actuations
of a judge.
However, what he can ordinarily say against a concluded
litigation and the manner the judge handed down the decision therein
may NOT generally be said to a pending action. The court, in a pending
litigation, must be shielded from embarrassment or influence in its all
important duty of deciding the case. On the other hand, once a litigation is
concluded the judge who decided it is subject to the same criticism as any
other public official because then his ruling becomes public property and
is thrown open to public consumption.
But it is the cardinal condition of all such criticism that it shall
be bona fide, and shall not spill over the walls of decency and propriety.
CANON 12: ASSISTING IN SPEEDY AND EFFICIENT ADMINISTRATION
OF JUSTICE
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 and the order of its presentation. He should also be ready with the
original documents for comparison with the copies. [Rule 12.01 Code of
Professional Responsibility]
A lawyer shall NOT unduly delay a case, impede the execution
of judgment or misuse court processes. [Rule 12.04, Code of Professional
Responsibility]
CASE: The Court further commented that it is understandable for a
party in the situation to make full use of every conceivable legal defense
the law allows it. In the appraisal, however, of such attempts to evade
liability to which a party should respond, it must ever be kept in mind
that procedural rules are intended as an aid to justice, not as means for its
frustration. Technicalities should give way to the realities of the
situation. (Economic Insurance Co., Inc. vs. Uy Realty Co.)
The duty of a lawyer to assist in the speedy and efficient
administration of justice includes the duty to refrain from talking to his
witness during a break or recess in the trial while the witness is still
under examination.
FORUM SHOPPING - the act of filing repetitious suits in different courts.
It is committed through the following:
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 proceedings 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, and the corresponding penalties for violation thereof are as
follows:
1. Any violation of this circular shall be a cause for the summary
dismissal of the multiple petition or complaint;
2. Any willful and deliberate forum shopping by any party and his
lawyer with the filing of multiple petitions or complaints to
ensure favorable action shall constitute direct contempt of
court;
3. The submission of a fake certification under par. 2 of the
Circular shall likewise constitute contempt of court, without
prejudice to the filing of a criminal action against the guilty
party. The lawyer may also be subjected to disciplinary
proceedings.
CANON 13: AVOIDING IMPROPRIETY THAT TENDS TO INFLUENCE
THE COURT
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.

A lawyer shall not extend extraordinary attention or
hospitality to, nor seek opportunity for cultivating familiarity with judges
[Rule 13.01, Code of Professional Responsibility]
A lawyer shall not make public statements in the media
regarding a pending case tending to arouse public opinion for or against a
party. [Rule 13.02, Code of Professional Responsibility]
A lawyer shall not brook nor invite interference by another
branch or agency of the government in the normal course of judicial
proceedings. [Rule 13.03 Code of Professional Responsibility]
ATTORNEY-CLIENT RELATIONSHIP
NATURE OF RELATION
1. strictly personal;
2. highly confidential and fiduciary
GENERAL RULES PROTECTING ATTORNEY-CLIENT RELATIONSHIPS
1. Best efforts must be exerted by the attorney to protect his
clients interest;
2. The attorney must promptly account for any fund or property
entrusted by or received for his client;
3. An attorney cannot purchase his clients property or interest in
litigation;
4. The privacy of communications shall at all times be upheld;
5. An attorney cannot represent a party whose interest is adverse
to that of his client even after the termination of the relation.
CREATION OF RELATION: FORMS OF EMPLOYMENT AS COUNSEL TO
A CLIENT
1. Oral when the counsel is employed without a written
agreement, but the conditions and amount of attorneys fees
are agreed upon.
2. Express when the terms and conditions including the
amount of fees, are explicitly stipulated in a written document
which may be a private or public document. Written contract
of attorneys fees is the law between the lawyer and the client.
3. Implied when there is no agreement, whether oral or
written, but the client allowed the lawyer to render legal
services not intended to be gratuitous without objection, and
the client is benefited by reason thereof.
Note: While a written agreement for professional services is the best
evidence to show the relation, formality is not an essential element of the
employment of an attorney. The absence of a written contract will not
preclude a finding that there is a professional relationship. Documentary
formalism is not an essential element in the employment of an attorney;
the contract may be express or implied.
ADVANTAGES OF A WRITTEN CONTRACT BETWEEN THE LAWYER
AND THE CLIENT:
1. It is conclusive as to the amount of compensation.
2. In case of unjustified dismissal of an attorney, he shall be
entitled to recover from the client full compensation stipulated
in the contract [RA 636].
CANON 14: NOT TO REFUSE HIS SERVICES TO THE NEEDY
RIGHT TO DECLINE EMPLOYMENT; EXCEPTIONS
General Rule: A lawyer is not obliged to act as legal counsel for any
person who may wish to become his client. He has the right to decline
employment.
Exceptions:
1. A lawyer shall not refuse his services to the needy.
2. He 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.
3. He shall not decline, except for serious and sufficient cause like
(1) if he is not in a position to carry out effectively or
competently; (2) if he labors under a conflict of interest
between him and the prospective client or between a present
and prospective client.
9
Reasons: IBP Guidelines, Art.1, Sec. 1. Public Service:
1. Legal aid is not a matter of charity but a public responsibility.
2. It is a means for correction of social imbalance.
3. Legal aid offices must be so organized as to give maximum possible
assistance to indigent and deserving members of the community
and to forestall injustice.
DUTY TO DECLINE EMPLOYMENT
A lawyer should decline professional employment even though
how attractive the fee offered may be if its acceptance will involve:
1. A violation of any of the rules of the legal profession.
2. Nullification of a contract which he prepared.
3. Advocacy in any matter in which he had intervened while in
the government service.
4. Employment, the nature of which might easily be used as a
means of advertising his professional services or his skill.
5. Employment with a collection agency which solicits business to
collect claims.
6. Any matter in which he knows or has reason to believe that he
or his partner will be an essential witness for the prospective
client.
ETHICAL CONSIDERATIONS IN TAKING A BAD CASE
In a Criminal Case: A lawyer may accept a losing criminal case because
every accused is presumed innocent and is entitled to counsel.
In a Civil Case: The rules and ethics of the profession enjoin a lawyer
from taking a bad case.
Reasons:
1. The attorneys signature in every pleading constitutes a
certificate by him that there is good cause to support it and
that it is not interposed for delay, and willful violation of such
rule shall subject him to disciplinary action.
2. It is the attorneys duty to counsel or maintain such actions or
proceedings only as appear to him to be just and only such
defenses as he believes to be honestly debatable under the
law.
3. A lawyer is not to encourage either the commencement or the
continuance of an action or proceeding, or delay any mans
cause, for any corrupt motive or interest.
4. A lawyer must decline to conduct a civil cause or to make a
defense when convinced that it is intended merely to harass or
injure the opposite party or to work oppression or wrong.
However, a lawyer may accept a losing civil case provided that, in so
doing, he must not engage in dilatory tactics and must advise his client
about the prospects and advantage of settling the case through a
compromise.
LAWYERS DUTIES TO CLIENT
CANON 15: CANDOR, FAIRNESS AND LOYALTY IN HIS DEALINGS AND
TRANSACTIONS WITH HIS CLIENTS
CONFLICT OF INTEREST
Duty of a Lawyer to His Client in Case There is Conflict of Interest
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 15.01]
It is the duty of a lawyer at the time of retainer to disclose to
the client all circumstances of his relations to the parties and any interest
in connection with the controversy, which might influence the client in
the selection of counsel.
It is unprofessional to represent conflicting interests, except by
express consent of all concerned given after a full disclosure of facts.
Within the meaning of this Canon, a lawyer represents conflicting
interests when, in behalf of one client it is his duty to contend for that
which duty to another client requires him to oppose.
 Tests to Determine Conflicting Interests 5. Where the sale took place after the termination of the
1. Will the attorney be required to contest for that which his litigation.
duty to another client requires him to oppose? 6. A lawyer may accept an assignment from his client of a money
(Conflicting duties) judgment rendered in the latters favor in a case in which he
2. Will the acceptance of a new relation invite suspicion was not counsel, in payment of his professional services
and/or actually lead to unfaithfulness or double-dealing performed in another case.
towards another client? (Invitation of suspicion) 7. Prohibition is inapplicable to a contract for attorneys fees
contingent upon the outcome of the litigation.
3. Will the attorney be called upon in his new relation to use
against his first client any knowledge acquired in the
CANON 17: FIDELITY TO THE CAUSE OF HIS CLIENT AND MINDFUL OF
previous employment? (Use of prior knowledge
THE TRUST AND CONFIDENCE REPOSED IN HIM
obtained) CASE: Ordinarily, lawyers are not obliged to act either as advisers or
as advocates of any person who may wish to become their client. They
INSTANCES WHEN A LAWYER IS CONSIDERED HAVING CONFLICTING
may decline employment and refuse to accept representation, if they are
DUTIES
not in a position to carry it out effectively or competently. But once they
1. As an employee of a corporation whose duty is to attend legal
agree to handle a case, attorneys are required by the Canons of
affairs, he cannot join a labor union of employees in that
Professional Responsibility to undertake the task with zeal, care and
corporation; utmost devotion.
2. As a lawyer who investigated an accident as counsel for an Acceptance of money from a client establishes an attorney-
insurance, he cannot represent the injured person;
client relationship and gives rise to the duty of fidelity to the clients
3. As a receiver of a corporation, he cannot represent the
cause. Every case accepted by a lawyer deserves full attention, diligence,
creditor;
skill and competence, regardless of importance. (Rollon vs. Atty. Naraval,
4. As a representative of the obligor, he cannot represent the
A.C. No. 6424, March 4, 2005)
obligee;
5. As a lawyer representing a party in a compromise agreement, CANON 18: SERVE CLIENT WITH COMPETENCE AND DILIGENCE
he cannot be subsequent lawyer representing another client
who seeks to nullify the agreement;
DUTY TO PROTECT CLIENTS INTEREST
The attorneys duty to safeguard the clients interests
Effects of Representing Adverse Interests
commences from his retainer until his effective release from the case or
1. Disqualification as counsel of new client on petition of former
the final disposition of the whole subject matter of the litigation. During
client. that period he is expected to take such reasonable steps and such
2. Where such is unknown to, and becomes prejudicial to the ordinary care as his clients interests may require.
interests of the new client, a judgment against such may, on
that ground, be set aside.
PREPARATION OF PLEADINGS
3. A lawyer can be held administratively liable through
A lawyer shall not handle any legal matter without any
disciplinary action and may be held criminally liable for
adequate preparation. (Rule 18.02)
betrayal of trust. A lawyer should prepare his pleading with great care and
4. The attorneys right to fees may be defeated if found to be circumspection. He should refrain from using abrasive and offensive
related to such conflict and such was objected to by the former
language, for it merely weakens rather than strengthens the force of legal
client, or if there was a concealment and prejudice by reason of
reasoning and detracts from its persuasiveness. In preparing a complaint
the attorneys previous professional relationship with the
for damages, counsel for plaintiff should allege and state the specific
opposite party.
amounts claimed not only in the body of the complaint but also in the
prayer, so that the proper docket fees can be assessed and paid.
CASE: Jurisprudence instructs that there is a representation of
conflicting interests if the acceptance of the new retainer will require the
DUTY TO KEEP CLIENT FULLY INFORMED
attorney to do anything which will injuriously affect his first client in any
A lawyer shall keep the client informed of the status of his case.
matter in which he represents him and also whether he will be called
(Rule 18.04)
upon in his new relation, to use against his first client any knowledge
He should notify his client of an adverse decision while within
acquired through their connection. Another test to determine if there is a
the period to appeal to enable his client to decide whether to seek an
representation of conflicting interests is whether the acceptance of a new appellate review. He should communicate with him concerning the
relation will prevent an attorney from the full discharge of his duty of withdrawal of appeal with all its adverse consequences. The client is
undivided fidelity and loyalty to his client or invite suspicion of
entitled to the fullest disclosure of the mode or manner by which his
unfaithfulness or double dealing in the performance thereof. (Pormento,
interest is defended or why certain steps are taken or omitted.
Sr. vs. Atty. Pontevedra, A.C. No. 5128, March 31, 2005)
Doctrine of Imputed Knowledge the knowledge acquired by an
CANON 16: LAWYERS DUTY TO HOLD IN TRUST ALL THE MONEY
attorney during the time that he is acting within the scope of his authority
AND PROPERTY OF HIS CLIENT THAT MAY COME TO HIS
is imputed to the client.
POSSESSION
It is based on the assumption that an attorney, who has notice
PROHIBITION AGAINST PURCHASE OF PROPERTY IN LITIGATION
of matter affecting his client, has communicated the same to his principal
in the course of professional dealings. The doctrine applies regardless of
Elements of Prohibition
whether or not the lawyer actually communicated to the client what he
1. There is an attorney-client relationship;
learned in his professional capacity, the attorney and his client being one
2. The property is in litigation;
juridical person.
3. The attorney is the counsel of record in the case;
Exceptions to the Rule that Notice to Counsel is Notice to Client
4. The attorney, by himself or through an agent, purchases such
1. If strict application might foster dangerous collusion to the
property during the pendency of said case [Art. 1491 of the Civil
detriment of justice.
Code]
2. Service of notice upon party instead of upon his attorney is
ordered by court.
Other Instances Where Rule is Inapplicable
3. Notice of pre trial is required to be served upon parties and
1. Where the property purchased by a lawyer was not involved in
their respective lawyers.
litigation.
4. In appeal from the lower court to the RTC, upon docketing of
2. Where the sale took place before it became involved in the suit.
appeal.
3. Where the attorney at the time of the purchase was not counsel
in the case.
4. Where the purchaser of the property in litigation was a
corporation even though the attorney was an officer thereof.

DUTY WHEN THE ACCUSED INTENDS TO PLEAD GUILTY
A PLEA OF GUILTY is an admission by the accused of his guilt
of crime as charged in the information and of the truth of the facts
alleged, including the qualifying and aggravating circumstances.
It is the duty of the defense counsel when his client desires to
enter a plea of guilty to: (ACEPA)
1. Fully acquaint himself with the records and surrounding
circumstances of the case
2. Confer with the accused and obtain from him his account of
what had happened
3. Advise him of his constitutional rights
4. Thoroughly explain to him the import of a guilty plea and the
inevitable conviction that will follow
5. See to it that the prescribed procedure which experience has
shown to be necessary to the administration of justice is
strictly followed and disclosed in the court records.
DUTY TO COMPLY WITH CLIENTS LAWFUL REQUEST
A client shall respond within a reasonable time to the clients
request for information. (Rule 18.04)
A lawyer should endeavor to seek instruction from his client on
any substantial matter concerning the litigation, which may require
decision on the part of the client, such as whether to compromise the case
or to appeal an unfavorable judgment. He should give his client sound
advice on any such and similar matters and comply with the clients
lawful instructions relative thereto. He should resist and should never
follow any unlawful instruction of his client.
CANON 19: DUTY TO REPRESENT CLIENT WITH ZEAL AND WITHIN
THE BOUNDS OF THE LAW
DUTY TO RESTRAIN CLIENT FROM IMPROPRIETY
A lawyer should use his best efforts to restrain and to prevent
his client from doing those things which he himself ought not to do,
particularly with reference to the conduct toward the court, judicial
officer, witness and suitor and if the client persists in such wrong doing,
the lawyer should terminate their relation.
Duty to Advice Candidly
As officers of the court, counsels are under obligation to advise
their clients against making untenable and inconsistent claims. The
counsel should inform his client and dissuade him from filing the case if
totally devoid of merit. If he finds that his clients cause as fairly
meritorious and ripe for judicial adjudication, he should refrain from
making bold and confident assurances of success.
Duty of Lawyer in Case of Knowledge of Clients Fraud
1. He must promptly call upon the client to rectify the same and failing
which,
2. He shall terminate their relationship with such client in accordance
with the Rules of Court.
AUTHORITY OF A LAWYER
Appearance- the coming into court as a party either as a plaintiff or as a
defendant and asking relief therefrom.
By virtue of Sec. 20, Rule 14 of the 1997 Rules of Civil
Procedure, there is no more distinction between general appearance and
special appearance, in the sense that a defendant may file a motion to
dismiss not only on the ground of lack of jurisdiction over his person but
also on some other grounds without waving the jurisdiction of the court
over his person.
Presumption of Authority
An attorney is presumed to be properly authorized to
represent any cause in which he appears in all stages of the litigation and
no written authority is required to authorize him to appear.
The presumption is a strong one. A mere denial by a party that
he has authorized an attorney to appear for him, in the absence of
compelling reason, is insufficient to overcome the presumption especially
when the denial comes after the rendition of an adverse judgment.
Effects of an Unauthorized Appearance
1. Party is not bound by the attorneys appearance in the case in
or by the judgment rendered therein.
11
2. Court does not acquire jurisdiction over the person.
3. The adverse party who has been forced to litigate as a
defendant by the unauthorized action on the part of the
attorney for the plaintiff may, on that ground, move for the
dismissal of the complaint.
4. If unauthorized appearance is willful, attorney may be cited for
contempt as an officer of the court who has misbehaved in his
official transactions, and he may be disciplined for professional
misconduct.
Ratification of Unauthorized Appearance
1. EXPRESS: categorical assertion by client that he has
authorized a lawyer or that he confirms his authorization to
represent him in the case.
2. IMPLIED: where a party with knowledge of the fact that a
lawyer has been representing him in a case, accepts benefits of
representation or fails to promptly repudiate the assumed
authority.
Requisites for Implied Ratification by Silence
1. Party represented by lawyer must be of age, competent or if
suffers from disability, has guardian or legal representative.
2. Party or guardian is aware of attorneys representation.
3. He fails to promptly repudiate assumed authority.
Authority of Attorney in the Conduct of Litigation
A lawyer has authority to bind the client in all matters of
ordinary judicial procedure. He can bind his client on substantial matters
only with the clients express or implied consent.
A client may waive, surrender, dismiss, or compromise any of
his rights involved in a litigation in favor of the other party even without
or against the consent of his attorney.
Authority to Compromise
Compromise- a contract whereby the parties, by making reciprocal
concessions, avoid a litigation or put an end to one already commenced.
General Rule: The attorney has no authority to compromise his clients
case.
Reason: Because the client, even if represented by counsel, retains
exclusive control over the subject matter of the litigation. The client can,
of course, authorize his lawyer to compromise his case, and the
settlement made by the lawyer will bind his client.
Exception: Where the lawyer is confronted with an emergency and
prompt, urgent action is necessary to protect the interest of his client and
there is no opportunity for consultation with him.
Mistakes or Negligence of Lawyer Binding Upon Client
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 can not be heard to complain that result might have
been different had his lawyer proceeded differently.
Exceptions:
1. Where adherence thereto 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 prejudiced
and denied a day in court.
4. Gross negligence of lawyer.
5. Lack of acquaintance with technical part of procedure.
CANON 20: DUTY OF THE LAWYER TO CHARGE ONLY FAIR AND
REASONABLE FEES
ATTORNEYS FEES
Factors in Determining Attorneys Fees (Rule 20.1, Canon 20)
(TINSAPC)
1. time spent and the extent of the services rendered or required;
2. novelty and the difficulty of the questions involved;
3. importance of the subject matter;
4. skill demanded;
 5. probability of losing other employment as a result of the
acceptance of the proffered case;
6. customary charges for similar services and the schedule of fees
of the IBP Chapter to which he belongs;
7. amount involved in the controversy and the benefits resulting
to the client from the service;
8. contingency or certainty of compensation;
9. character of the employment whether occasional or
established; and
10. the professional standing of the lawyer.
Two Concepts of Attorneys Fees
1. Ordinary- it is the reasonable compensation paid to the
lawyer for the legal services he had rendered the client. The
basis of this compensation is the fact of employment by the
client.
2. Extraordinary- 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.
Kinds of Payment which may be Stipulated Upon
1. FIXED OR ABSOLUTE FEE which is payable regardless of the
result of the case.
2. CONTINGENT FEE that is conditioned on the securing of a
favorable judgment and recovery of money or property and the
amount of which may be on a percentage basis.
3. A fixed fee payable PER APPEARANCE.
4. A fixed fee computed upon the NUMBER OF HOURS SPENT
5. A fixed fee based on PIECEWORK.
6. COMBINATION of any of the above.
RETAINER- may refer to either of two concepts:
1. Act of a client by which he engages the services of an attorney to
render legal advice or to defend or prosecute his cause in court.
2. Fee which a client pays to the attorney
Kinds of Retainer Agreements
1. General retainer the fee paid to a lawyer to secure his future
services as general counsel for any ordinary legal problem
that may arise in the ordinary business of the client and
referred to him for legal action. The client pays fixed retainer
fees, which could be monthly or otherwise. The fees are paid
whether or not there are cases referred to the lawyer.
2. Special retainer fee for a specific case or service rendered
by the lawyer for the client.
Situations when Counsel cannot Recover the Full Amount of
Attorneys Fees Despite Written Contract
1. When the services called for were not performed as when the
lawyer withdrew before the case was finished. He will be
allowed only reasonable fees
2. When there is a justified dismissal of the attorney, the contract
will be nullified and payment will be on the basis of quantum
meruit only. A contrary stipulation will be invalid.
3. When the stipulated attorneys fees are unconscionable i.e.,
when it is disproportionate as compared to the value of
services rendered and is revolting to human conscience.
4. When the stipulated attorneys fees are in excess of what is
expressly provided by law.
5. When the lawyer is guilty of fraud or bad faith toward his client
in the matter of his employment
6. When the counsels services are worthless because of h is
negligence.
7. When contract is illegal, against morals or public policy.
8. Serving adverse interest unless lawyer proves that it was with
the consent of both parties.
Quantum Meruit means as much as the lawyer deserves or such
amount as his services merit.
Guides for Determining Attorneys Fees on Quantum Meruit Basis
(TINS)
1. Time spent and extent of the services rendered or required a
lawyer is justified in fixing higher fees when the case is so
complicated and requires more time and effort to finish it.
2. Novelty and difficulty of questions involved when the
questions in a case are novel and difficult, greater effort,
deeper study and research are bound to burn the lawyers time
and stamina considering that there are no local precedents to
rely upon
3. Importance of subject matter the more important the subject
matter or the bigger the value of the interest of property in
litigation, the higher is the attorneys fees
4. Skill demanded of a lawyer the totality of the lawyers
experience provides him the skill and competence admired in
lawyers.
Instances of Recovery of Attorneys Fees on the Basis of Quantum
Meruit
1. There is no express contract for payment of attorneys fees
agreed upon between the lawyer and the client.
2. When although there is a formal contract for attorneys fees,
the fees stipulated are found unconscionable.
3. When the contract for attorneys fees is void due to formal
matter.
4. When for justifiable cause the lawyer was not able to finish the
case.
5. When the lawyer and the client disregard the contract for fees.
6. When the client dismissed his counsel before the termination
of the case or the latter withdrew therefrom for valid reasons.
Champertous Contract - one where the lawyer stipulates with his client
in the prosecution of the case that he will bear all of the expenses for the
recovery of things or property being claimed by the client, and the latter
agrees to pay the former a portion of the thing or property recovered as
compensation. It is void for being against public policy.
CONTINGENT vs. CHAMPERTOUS
CONTINGENT CHAMPERTOUS
CONTRACT CONTRACT
1. Contingent fee is 1. Payable in kind
payable in cash ONLY
2. Lawyers do not 2.Lawyers undertake
undertake to pay all to pay all expenses of
expenses of litigation litigation
3. Not prohibited 3. Void
Enforcement of Attorneys Fees
General Rule: A lawyer should avoid the filing of any case against client
for enforcement of attorneys fees
Exceptions:
1. to prevent imposition
2. to prevent injustice
3. to prevent fraud
Who are Entitled to Attorneys Fees
General Rule: Only lawyers are entitled to attorneys fees. The same
cannot be shared with a non-lawyer. It is immoral.
Exceptions:
A lawyer may divide a fee for legal services with persons not
licensed to practice law: (CPR)
1. a lawyer undertakes to complete unfinished legal business of a
deceased lawyer;
2. there is a pre-existing agreement with a partner or associate
that, upon the latters death, money shall be paid over a
reasonable period of time to his estate or to persons specified
in the agreement;
3. a lawyer or law firm includes non-lawyer employees in
retirement plan, even if the plan is based in whole or in part on
the profit sharing agreement
 13

Effect of Nullity of Contract on the Right to Attorneys Fees property the client.
1. if the nullification is due to the illegality of its object, the lawyer belonging to the
is precluded from recovering; client.
2. if the nullity is due to a formal defect or because the court has 3. Coverage Covers papers, Covers all
found the amount to be unconscionable, the lawyer may documents, and judgment for
recover for any services rendered based on quantum meruit. properties in the payment of
the lawful money and
Instances When an Independent Civil Action to Recover Attorneys possession of execution
Fees is Necessary the attorney by issued in
1. Main action is dismissed or nothing is awarded; reason of his pursuance of
2. Court has decided that it has no jurisdiction over the action or professional such
has already lost it; employment. judgments.
3. Person liable for attorneys fees is not a party to the main
action;
4. Court reserved to the lawyer the right to file a separate civil
suit for recovery of attorneys fees;
5. Services for which the lawyer seeks payment are not
connected with the subject litigation; 4. Effect As soon as the As soon as the
6. Judgment debtor has fully paid all of the judgment proceeds to attorney gets claim for
the judgment creditor and the lawyer has not taken any legal possession of attorneys fees
step to have his fees paid directly to him from the judgment the papers, had been
proceeds. documents, or entered into
Compensation to Which a Lawyer is Entitled to Depending on His property. the records of
Capacity the case.
5. Notice Client need not Notice must be
1. Counsel de Parte - He is entitled to a reasonable attorneys be notified to served upon
fees agreed upon or in the absence thereof, on quantum meruit
make it client and
basis.
effective. adverse party
2. Counsel de Oficio - The counsel may not demand from the
accused attorneys fees even if he wins the case. He may May be Generally,
however collect from the government funds if available based
6. Applicability
exercised before exercisable
on the amount fixed by the court. judgment or only when the
3. Amicus Curiae - not entitled to attorneys fees execution or attorney had
regardless already
ATTORNEYS LIEN thereof. secured a
Charging Lien - is an equitable right to have the fees and lawful favorable
disbursements due a lawyer for his services in a suit secured to him out of judgment for
the judgment for the payment of money and executions issued in his client.
pursuance thereof in the particular suit. 7.Extinguish- When When client
ment possession loses action as
Requisites of a Charging Lien lawfully ends lien may only
1. Existence of a client-lawyer relationship; when as lawyer be enforced
2. The attorney has rendered services; voluntarily against
3. Favorable judgment secured by the counsel for his client which parts with judgment
judgment is a money judgment; funds, awarded in
documents, and favor of client,
4. The attorney has a claim for attorneys fees or advances; papers of client proceeds
5. Noting into the records of the case through the filing of an or offers them thereof/
appropriate motion of the statement of the lawyers claim for as evidence. executed
attorneys fee with copies furnished to the client and adverse thereon.
party.

Retaining Lien a right merely to retain the funds, documents, and

papers as against the client until the attorney is fully paid his fees.

Requisites: (ALU)
1. Attorney-client relationship;
2. Lawful possession by the lawyer of the clients funds, CANON 21: PRIVILEGED COMMUNICATION
documents and papers in his professional capacity;
3. Unsatisfied claim for attorneys fees Requisites:
1. There exists an attorney and client relationship or a kind of
consultancy relationship with a prospective client. That is, legal
RETAINING LIEN VS.CHARGING LIEN advise is what is sought;
Point of Retaining Lien Charging Lien 2. The communication was made by the client to the lawyer in the
Distinction course of the lawyers professional employment; and
1. Nature Passive Lien. It Active Lien. It
3. The communication must be intended to be confidential. [Uy
Chico vs. Union Life Association Society, 29 Phil 163]
cannot be can be
actively enforced by
Purposes:
enforced. It is a execution. It is
To encourage a client to make a full disclosure of the facts of the
general lien. a special lien.
case to his counsel without fear;
2. Basis Lawful Securing of a
To allow the lawyer freedom to obtain full information from his
possession of favorable
client.
papers, money
documents, judgment for
Characteristics:
1. A-C privilege where legal advice is professionally sought from
an attorney.
2. The client must intend the above communication to be
confidential.
3. A-C privilege embraces all forms of communication and action.
4. As general rule, A-C privilege also extends to the attorneys
secretary, stenographer, clerk or agent with reference to any
fact required in such capacity.
5. The above duty is perpetual and is absolutely privileged from
disclosure.
Exceptions to the Privilege
1. When there is consent or waiver of client.
2. When disclosure is required by law.
3. When disclosure is made to protect the lawyers rights (i.e., to
collect his fees or defend himself, his employees or associates
or by judicial action).
4. When such communications are made in contemplation of a
crime or the perpetuation of a fraud
LAWYER AS WITNESS
A lawyer shall avoid testifying in behalf of his client.
Reason: The function of a witness is to tell the facts as he recalls them
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.
Instances when a lawyer may NOT testify as a witness in a case
which he is handling for a client:
1. When such would adversely affect any lawful interest of the
client with respect to which confidence has been reposed on
him;
2. Having accepted a retainer, he cannot be a witness against his
client;
3. He cannot serve conflicting interests;
4. When he is to violate the confidence of his client;
5. When as an attorney, he is to testify on the theory of the case.
Instances when a lawyer may testify as a witness in a case which he
is handling for a client:
1. On formal matters, such as the mailing, authentication or
custody of an instrument and the like;
2. Acting as an expert on his fee;
3. Acting as an Arbitrator;
4. Deposition;
5. 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.
INTERVIEWING WITNESSES
Witness- human instrumentality through which the law and its ministers,
the judges and lawyers, endeavors to ascertain the truth and to dispense
justice to the contending parties.
1. A lawyer may interview a witness in advance of trial to guide
him in the management of the litigation.
2. A lawyer may also interview a prospective witness for the
opposing side in any civil or criminal action without the
consent of the opposing counsel or party.
3. A lawyer may properly obtain statements from witnesses
whose names were furnished by the opposing counsel or
interview the employees of the opposing party even though
they are under subpoena to appear as witnesses for the
opposite side.
4. If after trial resulting in defendants conviction, his counsel has
been advised that a prosecution witness has committed
perjury, it is not only proper but it is the lawyers duty to
endeavor honorably to obtain such witness retraction, even
without advising the public prosecutor of his purpose and even
though the case is pending appeal.
An adverse party, though he may be used as a witness, is not,
however, a witness within the meaning of the rule permitting a lawyer to
interview the witness of the opposing counsel.
CANON 22: WITHDRAWAL OF SERVICES
TERMINATION OF ATTORNEY-CLIENT RELATIONSHIP
Instances When a Counsel Can Withdraw His Services
1. When the client pursues an illegal or immoral course or
conduct in connection with the case he is handling;
2. When the client insists that the lawyer pursue conduct
violative of the Code of Professional Responsibility;
3. When his inability to work with co-counsel will not promote
the best interest of the client;
4. When the mental or physical condition of the lawyer renders it
difficult for him to carry on the employment effectively;
5. When the client deliberately fails to pay the fees for the
services or fails to comply with the retainer agreement;
6. When the lawyer finds out that he might be appearing for a
conflicting interest;
(Note: In all the above cases, the lawyer must file a written motion with
an express consent of his client and must wait for the approval of the
court.)
7. When the lawyer is elected or appointed to public office;
8. Other similar cases [Canon 22 Rule 22.01]
NOTE: A lawyer may withdraw as counsel only with the conrent of the
client and with leave of court, and only for good cause enumerated in Rule
22.01 of the Code of Profdssional Responsibility.
The relation of attorney-client relationship is strictly personal
and highly confidential and fiduciary. Necessity and public interest
require that it be so.
Discharge of the Attorney by Client
The client has the right to terminate at any time WITH OR WITHOUT
JUST CAUSE.
Just cause is material only in determining compensation.
Without just cause
And no express written agreement as to fees reasonable
value of his services up to the date of his dismissal
(quantum meruit)
And there is written agreement and the fee stipulated is
absolute and reasonable full payment of compensation
And the fee stipulated is contingent
If dismissed before the conclusion of the action
reasonable value of his services (quantum
meruit)
If contingency occurs or client prevents its
occurrence full amount
(Note: lawyer should question his discharge, otherwise he will be allowed
to recover on quantum meruit basis.)
With just cause
Lawyer is not necessarily deprived of his right to be paid for
his services. He may only be deprived of such right if the cause for his
dismissal constitutes in itself a sufficient legal obstacle to recovery.
Limitations of Clients Right to Discharge His Counsel
1. Client cannot deprive counsel of his right to be paid for
services rendered if dismissal is without cause;
2. Client cannot discharge counsel as an excuse to secure
repeated extensions of time;
3. Notice of discharge required in so far as court and adverse
party are concerned.
Duties of a Discharged Lawyer or One Who Withdraws
1. Immediately turn-over all papers and property to which the
client is entitled;
2. To cooperate with the succeeding lawyer in the orderly
transfer of the case.

Conditions for Substitution of Counsel
1. Written request for such substitution
2. Written consent of the client
3. Written consent of the attorney to be substituted or in the
absence thereof, proof of service of notice of said motion to the
attorney to be substituted.
LIABILITIES OF A LAWYER
LIABILITY FOR DAMAGES
Requisites
1. Attorney - client relationship
2. Want of reasonable care & diligence
3. Injury sustained by client as proximate result thereof.
Kinds of Damages
1. Nominal where client lost the litigation as a consequence of
lawyers gross omission or negligence.
2. Actual/compensatory
3. Moral Damages
4. Attorneys fees
(Note: for nos. 2-4 there should be showing that had the lawyer exercised
due diligence client would have succeeded in recovering from adverse
party.)
Liability for Breach of Fiduciary Obligation
Lawyer holds his clients funds or property in trust for clients
and is obliged to make an accounting of such funds that come to his
possession.
Effect of Failure to Return Clients Money or Property After Demand
1. Presumption that he misappropriated the same
2. Civilly liable in favor of client
3. Criminal liability
4. Administrative liability
Remedy of Client
Recover property from lawyer together with its fruits, subject
to clients returning to his lawyer purchase price & legal interest.
Libelous Words in Pleadings
A lawyer is exempted from liability for slander, libel or
otherwise defamatory, published in course of judicial proceedings,
PROVIDED statements are connected with, relevant, pertinent and
material to cause in hand or subject of inquiry
Test of Relevancy
The matter to which the privilege does not extend must be
palpably wanting in relation to subject of controversy, that no reasonable
man can doubt its relevancy or propriety.
Pleadings should contain plain and concise statements of
material facts and if pleader goes beyond requisites of law and alleges
irrelevant matter which is libelous, he loses his privilege and may be
liable in separate suit.
Liability for Costs of Suit
General Rule: Losing client and not the lawyer is liable for costs of suit
in favor of prevailing party, lawyer not being party-litigant.
Exception: Where the lawyer insisted on clients patently
unmeritorious case or interposed appeal to delay litigation or thwart
prompt satisfaction of prevailing partys just and valid claim, court may
adjudge lawyer to pay treble costs of suit.
CRIMINAL LIABILITY
A lawyer may be held criminally liable if he commits any of the
following:
1. Causing prejudice to client thru malicious breach of
professional duty or thru inexcusable negligence or ignorance.
2. Revealing clients secrets learned in lawyers professional
capacity thru malicious breach of professional duty or
inexcusable negligence or ignorance.
15
Specific Acts which May Result to Criminal Liability
1. A lawyer who has undertaken the defense of client or has
received confidential information from said client in a case
may be criminally liable for undertaking defense of opposing
party in same cause without consent of first client.[Art. 209,
RPC]
2. A lawyer who shall knowingly introduce in evidence in any
judicial proceeding or to the damage of another or who, with
intent to cause such damage, shall use any false document may
be held criminally liable therefor. [Art.172, RPC]
3. A lawyer who misappropriates his clients funds may be held
liable for estafa.
CONTEMPT OF COURT
Nature
It is exercised on preservative and not on vindictive principle
and on corrective rather than the retaliatory idea of punishment, for
purposes that are impersonal. 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
enforcement of judgment, orders and writs.
Kinds of Contempt
1. Direct Contempt consists of misbehavior in the presence of
or so near a court or judge as to interrupt or obstruct the
proceedings before the court or the administration of justice
2. 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,
or tending to belittle, degrade, obstruct, interrupt or embarrass
the court
3. Civil Contempt failure to do something ordered by the court
which is for the benefit of a party
4. Criminal Contempt consists of any conduct directed against
the authority or dignity of the court.
Acts of a Lawyer Constituting Contempt
1. Misbehavior as officer of court
2. Disobedience or resistance to court order
3. Abuse or interference with judicial proceedings
4. Obstruction in administration of justice
5. Misleading courts
6. Making false allegation, criticisms, insults, veiled threats
against the court
7. Aiding in unauthorized practice of law (suspended or
disbarred)
8. Unlawful retention of clients funds
9. Advise client to commit contemptuous acts
III. BAR DISCIPLINE
POWER TO DISCIPLINE ERRANT LAWYERS
1. The Supreme Court has the full authority and power to (WARDS)
a. Warn
b. Admonish
c. Reprimand
d. Suspend and
e. Disbar a lawyer
[Section 27, Rules 138, Rules of Court]
2. The Court of Appeals and the Regional Trial Courts are also
empowered to (WARS)
a. Warn
b. Admonish
c. Reprimand and
d. Suspend an attorney who appears before them from
the practice of law for any of the causes mentioned
in Section 27, Rule 138 [Section 16, Rule 139-B].
Note: But they cannot disbar a lawyer.

FORMS OF DISCIPLINARY MEASURES (WARS CD)
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 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.
SUSPENSION AND DISBARMENT
Nature of Proceedings
1. NOT a civil action because there is no plaintiff and no
respondent, involves no private interest. The complainant is
not a party and no interest in the outcome except as all citizens
have in proper administration of justice, no redress for private
grievance.
2. NOT a criminal prosecution because it is not meant as a
punishment depriving him of source of livelihood but rather to
ensure that those who exercise the function should be
competent, honorable and reliable so that public may repose
confidence in them.
3. SUI GENERIS, it is a class of its own since it is neither civil nor
criminal
4. Confidential in nature.
5. Defense of double jeopardy is not available.
6. Can be initiated by the SC motu propio or by the IBP. It can be
initiated without a complaint;
7. Can proceed regardless of interest of the complainants;
8. Imprescriptible;
9. It is itself due process of law.
Reason for Making Disbarment Proceedings Confidential
To enable the Supreme Court to make its investigation free
from any extraneous influence or interference as well as to protect the
personal and professional reputation of attorneys and judges from the
baseless charges of disgruntled, vindictive and irresponsible clients and
litigants. [In Re: Abistado, 57 Phil 668]
GROUNDS FOR SUSPENSION OR DISBARMENT OF MEMBERS OF THE
BAR
1. Under Rule 138, Sec. 27 of the Revised Rules of Court:
a. Deceit- is a fraudulent and deceptive
misrepresentation, artifice of device used by one or more
persons to deceive and trick another, who is ignorant of the
true facts to the prejudice and damage of the party imposed
upon. There must be false representation as matter of fact.
(Example: Misappropriation of clients fund)
b. Malpractice, or other gross misconduct in office-
any malfeasance or dereliction of duty committed by a lawyer.
(Example: Failure of lawyer to appeal in allowing the period of
appeal to lapse)
Legal Malpractice- consists of failure of an attorney to use
such skill, prudence and diligence as lawyers of ordinary skill
and capacity commonly possess and exercise in the
performance of tasks which they undertake, and when such
failure proximately causes damage, it gives rise to an action in
tort. [Tan Tek Beng vs. David, 126 SCRA 389]
c. Grossly immoral conduct- that conduct which is
willful, flagrant or shameless and which shows a moral
indifference to the opinion of the good and respectable
members of the community.
CASE: In the case of Arciaga vs. Maniwang [106 SCRA 591], mere
intimacy between a lawyer and a woman with no impediment to marry
each other voluntarily cohabited and had two children, is neither so
corrupt as to constitute a criminal act nor so unprincipled as to warrant
disbarment or disciplinary action against the man as a member of the bar.
d. Conviction of a crime involving moral turpitude
(Examples: estafa, bribery, murder, bigamy, seduction,
abduction, concubinage, smuggling, falsification of public
document, violation of B.P. 22)
e. Violation of oath of office
f. Willful disobedience of any lawful order of a superior
court
g. Corruptly or willfully appearing as an attorney for a
party to a case without authority to do so.
2. Acquisition of an interest in the subject matter of the litigation,
either though purchase or assignment [Art. 1491, Civil Code]
3. Breach of professional duty, inexcusable negligence, or
ignorance, or for the revelation of the clients secrets [Art. 208,
Revised Penal Code]
4. Representing conflicting interests [Art. 209, Revised Penal
Code]
Grounds for disbarment NOT EXCLUSIVE:
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 court over its
officers cannot be restricted. [Quingwa vs. Puno, Admin. Case No 398, Feb.
28, 1967] The Supreme Court has disbarred or suspended lawyers for
reasons not found in the statute as when their acts are contrary to
honesty or good morals or do not approximate the highest degree of
morality and integrity expected of the members of the bar. [Sta. Maria vs.
Tuazon, Admin. Case No. 396, July 31, 1964].
Quantum of Evidence Required: clear, convincing and satisfactory
evidence
Burden of Proof: rests on the complainant, the one who instituted the
suit
BREACH OF DUTIES OF A LAWYER
Breach of Duties to Court
1. Obstructing Administration of justice constitutes
misconduct and justifies disciplinary action against him and
contempt of court. (Example: Forum shopping)
2. Misleading court knowingly making false allegation in
pleadings, misquoting text of documents, suppressing material
facts
3. Preferring false charges filing or prosecuting false charges
against another for his action is violative of duty to do
falsehood nor consent to doing of any in court, nor wittingly or
willingly promote or sue any false, groundless, unlawful suit.
Requisites
a. Charges are fake
b. Lawyer knows them to be so

4. Introducing False Evidence it is a violation of oath to do no
falsehood nor consent to doing of any in court. When false
testimony is material to inquiry or relevant to issue, it requires
suspension or disbarment. On the other hand, when the
testimony is immaterial or irrelevant and does not cause
substantial prejudice, it only warrants lesser sanction, such as
warning or reprimand
5. Willfully disobeying court orders lawyer may be punished
for contempt and disciplined as officer of court.
6. Using vicious or disrespectful language constitutes direct
contempt; violation of oath and Code of Professional
Responsibility.
7. Continue to practice after suspension constitutes gross
misconduct and willful disregard of suspension order.
Breach of Duties to Client
1. Negligence in performance of duties
Requisites to Warrant Suspension or Disbarment:
i. Negligence and carelessness which must be gross in
character
ii. Caused material prejudice to client
Note: Mere negligence without pecuniary damages justifies
only reprimand or censure except when breach of duty to
client is a gross violation of obligation to court.
2. Employment of unlawful means
3. Deceit or misrepresentation
Requisites
a. Bad faith on the part of the lawyer
b. Material damage to client
4. Representing adverse Interest and revealing clients
secrets - If there is no written consent of client, a lawyer may
not represent conflicting interest. The fact that lawyer did not
acquire confidential information from client nor use the same
against the latter does not excuse him from responsibility.
5. Purchase clients property in litigation
Requisites:
a. Lawyer is counsel for client at the time he acquired the
property
b. Property is subject of litigation
c. Acquires it by himself or through another
d. Acquires property during pendency of litigation
6. Failing to account or misappropriation of clients property
- presupposes fraudulent intent of lawyer. Immediate
repayment by lawyer of clients money or property after
demand but before institution by client of disbarment
proceedings negate fraudulent intent. If the lawyer has a lien, it
cannot be used as an excuse for not making an accounting.
7. Collecting unreasonable fees Where the law fixes the
maximum amount which lawyer may charge client, collection
of more than what law allows constitutes malpractice.
8. Acting without authority - a lawyer can bind client without
special power of attorney only on procedural matters
9. Willfully appearing without being retained -It must be willful,
corrupt or contumacious in order that he may be held liable.
Breach of Duties to Bar
a. Unethical conduct or unprofessional conduct - that which
violates rules or ethical code of legal profession.
b. Defaming fellow lawyer Use of improper and objectionable
language against another lawyer or accuse him wantonly and
maliciously of a serious misconduct in the absence of
reasonable cause constitutes misconduct. Strongly worded
statements by a lawyer against opposing lawyer, if justified by
records, may not justify disciplinary action against him.
c. Encroaching upon business of another
d. Soliciting business - for purpose of gain, personally or
through paid agents is MALPRACTICE and agreeing with non-
lawyer to divide lawyers fees paid by client or for solicitation
by non-lawyer.
e. Advertising
17
OTHER GROUNDS FOR DISCIPLINE
1. NON-PROFESSIONAL MISCONDUCT
General Rule: Lawyer may not be suspended or disbarred for
misconduct in his non-professional or private capacity.
Exception: Where such is so GROSS to show him to be morally unfit for
office or unworthy of privilege, court may be justified in suspending or
removing him from the roll of attorneys.
2. GROSS IMMORALITY- AN ACT OF PERSONAL IMMORALITY ON THE
PART OF THE LAWYER IN HIS PRIVATE RELATION WITH OPPOSITE
SEX MAY PUT CHARACTER IN DOUBT. BUT TO JUSTIFY SUSPENSION
OR DISBARMENT, THE ACT MUST NOT ONLY BE IMMORAL, IT MUST
BE GROSSLY IMMORAL. (ABAIGAR VS. PAZ)
Grossly Immoral Conduct one so corrupt and false as to constitute
criminal act or so unprincipled or disgraceful as to be reprehensible to a
high degree. Cohabitation per se is not grossly immoral, it depends on
circumstances and it is not necessary that there be prior conviction for
offense before lawyer may be disciplined for gross immorality. If the
evidence is not sufficient to hold the lawyer liable for gross immorality,
he may still be reprimanded where evidence shows failure on his part to
comply with rigorous standards of conduct required from lawyers.
3. CONVICTION OF CRIME INVOLVING MORAL TURPITUDE
All crimes of which fraud or deceit is an element or those inherently
contrary to rules of right conduct, honesty or morality in civilized
community
4. PROMOTING TO VIOLATE OR VIOLATING PENAL LAWS
5. MISCONDUCT IN DISCHARGE OF OFFICIAL DUTIES
A lawyer who holds a government office may not be disciplined as a
member of the bar for misconduct in the discharge of his duties as a
government official. If the misconduct, however, is in violation of the
Code of Professional Responsibility or of his oath as a lawyer or is of such
a character as to affect his qualifications as a lawyer, he may be subject to
disciplinary action such as disbarment (Collantes vs. Renomeron). This
rule does not apply to impeachable officials like SC Justices, Members of
the Constitutional Commission and Ombudsman because they can be
removed only by impeachment.
6. COMMISSION OF FRAUD OR FALSEHOOD
7. MISCONDUCT AS NOTARY PUBLIC
By applying for having himself commissioned as notary public,
lawyer assumes duties in dual capacity, the non-performance of which be
may be a ground for discipline as member of bar.
OFFICERS AUTHORIZED TO INVESTIGATE DISBARMENT CASES
1. Supreme Court
2. Integrated Bar of the Philippines (IBP) through its Commission
on Bar Discipline or authorized investigators
3. Office of the Solicitor General
GRIEVANCE PROCEDURE: DISBARMENT, SUSPENSION, AND
DISCIPLINE OF ATTORNEYS (Rule 139-B)
Proceedings for the disbarment, suspension and discipline of
attorneys may be taken:
1. by the Supreme Court motu proprio, or,
2. by the IBP upon the verified complaint of any person
The IBP Board of Governors may initiate and prosecute proper
charges against erring attorneys including those in government:
1. motu propio or
2. upon referral by the SC or
3. by a Chapter Board of Officers or at the instance of any
person.
The complaint must be:
1. verified;
2. state clearly and concisely the facts complained of;
 3. supported by affidavits of persons having personal
knowledge of the facts therein alleged, or by such
documents as may substantiate it;
4. six (6) copies shall be filed with the Secretary of IBP or any
of its Chapters.
OUTLINE OF DISBARMENT PROCEEDING IN THE IBP (RULE139-B)
1. The case shall be assigned to a National Grievance Investigator
where the Board of Governors shall appoint one from among
IBP members of three (3) when special circumstances warrant;
2. If the complaint is meritorious, the respondent shall be served
with a copy requiring him to answer within 15 days from
service;
3. The respondent shall file an answer containing six (6) copies
and shall verify the same; after receipt of the answer or lapse
of the period to do so, the Supreme Court ,may, motu propio or
at the instance of the IBP Board of Governors, upon
recommendation by the Investigator, suspend an attorney
from practice, for any of the causes under Rule 138, Sec. 27,
during the pendency of the investigation;
4. After joinder of the issues or failure to answer, the respondent
shall be given full opportunity to defend himself. But if the
respondent fails to appear to defend himself inspite of notice,
the investigator may proceed ex parte. The investigation shall
be terminated within three (3) months from commencement
which period may be extended;
5. The Investigator shall make a report to the Board of Governors
within 30 days from termination of the investigation which
report shall contain his findings and recommendations
together with the evidence;
6. The Board of Governors shall have the power to review the
decision of the Investigator. Its decision shall be promulgated
within a period not exceeding 30 days from the next meeting of
the Board following the submission of the report of the
Investigator:
a. If the decision is a finding of guilt of the charges, the
IBP Board of Governors shall issue a resolution setting forth its
findings and recommendations which shall be transmitted to
the Supreme Court for final action together with the record;
b. If the decision is for exoneration, or if the sanction is
less than suspension or dismissal, the Board shall issue a
decision exonerating the respondent or imposing a lesser
sanction. The resolution exonerating the respondent shall be
considered as terminating the case unless upon petition of the
complainant or other interested party filed with the Supreme
Court within 15 days from notice of the Boards decision.
PROCEDURE FOR DISBARMENT IN THE SUPREME COURT
1. Upon the initiation of the complaint, the Supreme Court may
refer the case for investigation to the Solicitor General, or any
officer of the Supreme Court, or judge of a lower court;
2. If referred, the investigator shall proceed with the
investigation and make a report to the Supreme Court.
Rules in the Imposition of Penalties
a. In case of Suspension
Division 1 year or less
En Banc exceeds 1 year
b. In case of Fine
Division P10,000 or less
En Banc P10,000 or more
c. In case of both Suspension and Fine en banc if the
suspension exceeds 1 year or the fine exceeds P10, 000.
d. In case of 2 or more suspensions service will be successive,
not simultaneous
Investigating Judge CANNOT dismiss case
CASE: The investigating judges authority is only to investigate, make a
report and recommendation on the case to be submitted to the SC for
final determination. [Graciano vs. Sebastian, 231 SCRA 588]
Effect of desistance, withdrawal of complaint or non-appearance of
complainant in disbarment proceedings
The desistance or the withdrawal of the complainant of the
charges against a judge does not deprive the court the authority to
proceed to determine the matter. Nor does it necessarily result in the
dismissal of the complaint except when, as a consequence of the
withdrawal or desistance no evidence is adduced to prove the charges.
This rule is founded on the rationale that a disbarment proceeding is
neither civil nor criminal but one prosecuted solely for the public interest.
What is important is whether the charges against the respondent have
been duly proved.
(Note: The same principle applies to administrative charges against
judges.)
Doctrine of RES IPSA LOQUITOR (the thing speaks for itself)
CASES: This principle or doctrine applies to both judges and lawyers.
Judges had been dismissed from the service without need for a formal
investigation because based on the records, the gross misconduct or
inefficiency of the judges clearly appears. [Uy vs. Mercado, 154 SCRA 567].
The same principle applies to lawyers. Thus, on the basis of the
lawyers comment or answer to a show-cause order of SC, it appears that
the lawyer has so conducted himself in a manner which exhibits his
blatant disrespect to the court, or his want of good moral character or his
violation of the attorneys oath, the lawyer may be suspended or
disbarred without need of a trial-type proceeding. What counts is that the
lawyer has been given the opportunity to give his side. [Prudential Bank
vs. Castro 155 SCRA 604]
DEFENSES
The purpose and nature of disbarment proceedings make the
number of defenses available in civil and criminal actions inapplicable in
disciplinary proceedings. The Statute of Limitations is not a defense in
disciplinary proceedings nor does the fact the circumstance that facts set
up as ground for disbarment constitute crime, the prosecution for which
in criminal action is barred by prescription, preclude the disbarment
proceeding.
However, the fact that a considerable length of time has lapsed
from the date the misconduct took place to date the complaint for
disbarment was filed may indicate ulterior motive on the part of
complainant or innocence on the part of respondent.
MODIFYING CIRCUMSTANCES
Extent of disciplinary action depends on attendance of
mitigating or aggravating circumstance.
Mitigating Circumstances
1. Good faith
2. Want of intention to commit wrong
3. Lack of material damage to complainant
4. Desistance of complainant
5. Youth and inexperience, etc.
Aggravating Circumstances
1. Abuse of authority or of attorneyclient relationship
2. Sexual intercourse with a relative
3. Charge of gross immorality
4. Previous dismissal as member of the bar
EFFECT OF EXECUTIVE PARDON
If during the pendency of disbarment proceeding the
respondent was granted executive pardon, the dismissal of the case on
that sole basis will depend on whether the executive pardon is absolute
or conditional. If the pardon is absolute, the disbarment case will be
dismissed. However, if the executive pardon is conditional, the
disbarment case will not be dismissed on the basis thereof.
Absolute pardon by 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.
If absolute pardon is given to lawyer after being disbarred for
conviction of 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.
EFFECTS OF DEATH OF LAWYER DURING PENDENCY OF
DISCIPLINARY ACTION AGAINST HIM
1. Renders action moot and academic
2. (But) court may still resolve case on the merit in order to clear
publicly the name of the lawyer.
JUDGMENT
DISMISSAL OF CASE
In the absence of convincing or clearly preponderant
evidence, disbarment case against him should be dismissed. However, the
court can still impose conditions despite dismissal of disciplinary action
against him, if the facts so warrant and in the event the lawyer fails to
comply with such condition, it may suspend or disbar him for
disobedience of its order.
SUSPENSION OR DISBARMENT
A lawyer who has been suspended or disbarred cannot
practice law without being held liable for contempt of court. The
suspended lawyer may be disbarred for violation of the suspension order.
Such judgment does not prohibit pro se practice (Geeslin vs. Navarro; 185
SCRA).
If the lawyer holds a government office which requires
membership in the bar as an indispensable qualification, he may be
dismissed from said office (Collantes vs. Renomeron; 200 SCRA).
REINSTATEMENT
The Supreme Court has the exclusive authority to reinstate. This is
based on its constitutional prerogative to promulgate rules on the
admission of applicants to the practice of law. Petitioner must prove that
he is once again fit and proper person to practice law. The following must
be taken into consideration:
1. the applicants character and standing prior to disbarment;
2. the nature or character of misconduct for which he is
disbarred;
3. his conduct subsequent to disbarment [Cui vs. Cui, 11 SCRA
755];
4. including his efficient government service [In re Adriatico, 17
Phil 324]
5. 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 vs. Benjamin Grecia, 192 SCRA 381]
6. applicants appreciation of significance of his dereliction and
his assurance that he now possesses the requisite probity and
integrity;
7. favorable endorsement of the IBP, pleas of his loved ones [Yap
Tan vs. Sabandal, 170 SCRA 207].
The court may require applicant for reinstatement to enroll in
and pass the required fourth year review classes in a recognized law
school. [Cui vs. Cui, 11 SCRA 755; 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 profession.
EFFECTS OF REINSTATEMENT
1. Recognition of moral rehabilitation and mental fitness to
practice law;
2. Lawyer shall be subject to same law, rules and regulations as
those applicable to any other lawyer;
19
3. Lawyer must comply with the conditions imposed on his
readmission
IV. JUDICIAL ETHICS
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.
Court a board or other tribunal which decides a litigation or contest
Judge a public officer who, by virtue of his office, is clothed with judicial
authority
De Jure Judge one who is exercising the office of a judge as a matter of
right; an officer of a court who has been duly and legally appointed
De Facto Judge an officer who is not fully invested with all the powers
and duties conceded to judges, but exercising the office of a judge under
some color of right
QUALIFICATIONS
Supreme Court and Court of Appeals Justices
1. Natural-born citizen of the Philippines;
2. At least 40 years of age;
3. Must have been for 15 years or more a judge of a lower
court or engaged in the practice of law;
4. Must be a person of proven competence, integrity, probity
and independence.
RTC Judges
1. Natural-born citizen of the Philippines;
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 a public office in the
Philippines requiring admission to the practice of law as
an indispensable requisite.
MTC Judges
1. Natural-born citizen of the Philippines;
2. At least 30 years of age;
3. For at least 5 years has been engaged in the practice of law
in the Philippines or has held public office in the Philippines
requiring admission to the practice of law as an
indispensable requisite.
JUDICIAL DEPORTMENT
Attitude Towards Counsel
He must be courteous especially to the young and
inexperienced. He should not interrupt in their arguments except to
clarify his mind as to their positions. He must not be tempted to an
unnecessary display of learning or premature judgment. He may criticize
and correct unprofessional conduct of a lawyer but not in insulting
manner.
Attitude Toward Litigants and Witness
He must be considerate, courteous and civil, and he must not
utter intemperate language during hearing of case.
Proper Judicial Conduct
Conduct self as to be beyond reproach and suspicion and be
free from appearance of impropriety in their personal behavior not only
in discharge of official duties but also in their everyday life.
Cold Neutrality of Impartial Judge
A judge should not only render just, correct and impartial
decision but do so in manner free from suspicion as to its fairness and
impartiality and as to his integrity. It is indispensable requisite of due
process.

NEW CODE OF JUDICIAL CONDUCT FOR THE PHILIPPINE JUDICIARY
(A.M. No. 03-05-01-SC)
(June 1, 2004)
supersedes the Canons of Judicial Ethics and the Code of Judicial
Conduct to the extent that the provisions or concepts therein are
embodied in this Code, provided, that in case of deficiency or
absence of specific provisions in this Code, the Canons of Judicial
Ethics and the Code of Judicial Conduct shall be applicable in a
suppletory character.
CANON-
i. Independence
ii. Integrity
iii. Impartiality
iv. Propriety
v. Equality
vi. Competence and Diligence
PURPOSE: to update and correlate the Code of Judicial Conduct and
the Canons of Judicial Ethics adopted for the Philippines, but also to
stress the Philippines solidarity with the universal clamor for a
universal code of judicial ethics.
CANON 1: INDEPENDENCE
In performing judicial duties, judges should:
1. function independently on the basis of their assessment of the
facts and in accord with a conscientious understanding of the
law, free from any extraneous influence, inducement, pressure,
threat or interference.
2. be independent from judicial colleagues in respect of decisions.
3. not allow family, social, or other relationships to influence
judicial conduct or judgment.
(NOTE: 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.)
4. be free from inappropriate connections with, and influence by,
the executive and legislative branches of government.
5. be independent in relation to society in general and in relation
to the particular parties to a dispute which she/he has to
adjudicate.
6. encourage and uphold safeguards for the discharge of judicial
duties.
(REASON: To maintain and enhance the institutional and
operational independence of the judiciary.)
7. exhibit and promote high standards of judicial conduct.
(REASON: To reinforce public confidence in the judiciary.)
Judges shall refrain from influencing in any manner the
outcome of litigation or dispute pending before another court or
administrative agency.
CANON 2: INTEGRITY
Conduct of judges must:
1. be above reproach, and be so in the view of a reasonable
observer.
2. reaffirm the peoples faith in the integrity of the judiciary.
Judges should take or initiate appropriate disciplinary
measures against lawyers or court personnel for unprofessional conduct
of which the judge may have become aware.
CANON 3: IMPARTIALITY
Judges shall perform their judicial duties without favor, bias or
prejudice.
DISQUALIFICATIONS OF JUDGES
Grounds for Disqualification and Inhibition of Judges Under the New
Code of Judicial Conduct:
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:
1. the judge has actual bias or prejudice concerning a party or
personal knowledge of disputed evidentiary facts concerning
the proceedings;
2. the judge previously served as a lawyer or was a material
witness in the matter in controversy;
3. the judge, or a member of his or her family, has an economic
interest in the outcome of the matter in controversy;
4. 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;
5. the judges ruling in a lower court is the subject of review;
6. 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
7. 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. (Sec. 5)
Remittal of Disqualification: 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 judges 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. (Sec. 6)
Grounds for Disqualification and Inhibition of Judges Under the
Rules of Court:
1. Mandatory or Compulsory Disqualification [Rule 137, ROC]
a. when he, or his wife, or child is pecuniarily interested as
heir, legatee, creditor or otherwise
b. when he is related to either party within the sixth (6th)
degree of consanguinity or affinity or to counsel within
the fourth (4th) civil degree
c. when he has been an executor, guardian, administrator,
trustee or counsel
d. when he has presided in an inferior court where his
ruling or decision is subject to review
2. Voluntary Inhibition
A judge may, in the exercise of his sound discretion disqualify
himself, for just and valid reasons other than those mentioned above.
[Section 1, Rule 137]
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, 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.
 21

*DISQUALIFICATION vs. INHIBITION affect the outcome of a litigation where he is retained as counsel.
DISQUALIFICATION INHIBITION Compelling reasons of public policy lie behind this prohibition, and
1. The Rules enumerates the 1. The Rules does not judges are expected to conduct themselves in such a manner as to
specific and exclusive expressly preclude any suspicion that they are representing the interests of party
grounds under which any enumerate the litigant.
judge or judicial officer is specific grounds for In De Castro vs. Capulong [118 SCRA 52] a judge who merely
disqualified from acting as inhibition but acted as a witness to a document and who explained to the party waiving
such. merely gives a his right of redemption over the mortgaged properties and the
broad basis thereof, consequences thereof does not engage himself in the practice of law.
i.e. good, sound or
ethical grounds PROHIBITION AGAINST ACCEPTING GIFTS, BEQUEST OR LOANS
General Rule: (1) Judges and members of their families, as well as (2)
court staff or others subject to their influence, direction or authority, 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.(Sec. 13 and 14)
Exception: 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
2. Rule gives the judicial 2. Rules leaves the influence the judge in the performance of judicial duties or otherwise give
officer no discretion to try or matter of inhibition rise to an appearance of partiality.(Sec. 15)
sit in a case to the sound
discretion of the Bribery; Direct or Indirect
judge Acceptance of gifts given by reason of the office of the judge is
indirect bribery [Art. 211 Revised Penal Code] and when he agrees to
perform an act constituting a crime in connection with the performance
of his official duties in consideration of any offer, promise, gift or present
CASE: The second paragraph of Section 1, Rule 137 does not give the receive by such officer, he is guilty of direct bribery. [Art. 210 Revised
judge the unfettered discretion to decide whether or not he will desist Penal Code]
from hearing a case. the inhibition must be for just and valid causes. The
mere imputation of bias or partiality is not enough grounds for a judge to Anti-Graft and Corrupt Practices Act
inhibit, especially when the same is without any basis. (People vs. Kho, 357 Under RA 3019, the judge is liable criminally for directly or
SCRA 290, April 20, 2001) indirectly receiving gifts, present or other pecuniary or material benefit
for himself or for another under conditions provided in Section 2, b and c
CANON 4: PROPRIETY of the law..
Judges shall, in their personal relations with individual Exception: Excepted are unsolicited gifts or presents of small value
members of the legal profession who practice regularly in their court, offered or given as a mere ordinary token of gratitude or friendship
avoid situations which might reasonably give rise to the suspicion or according to local custom or usage [Section 14, RA 3019].
appearance of favoritism or partiality. (Sec. 3)
Judges shall not allow the use of their residence by a member Void Donations Under the Civil Code
of the legal profession to receive clients of the latter or of other members Donations given to a judge or to his wife, descendants or
of the legal profession. (Sec. 5) ascendants by reason of his office are void [Art. 739, Civil Code].
Ownership does not pass to the donee. Money or property donated is
PROHIBITION TO DISCLOSE INFORMATION recoverable by the donor, his heirs or creditors.
Confidential information acquired by judges in their judicial
capacity shall not be used or disclosed by for any other purpose related to Loans Prohibited Under the Constitution
their judicial duties. (Sec. 9) Under Section 16 Article XI No loan, guarantee or other form
The prohibition will discourage if not stop judges from making of financial accommodation for any business purpose may be granted
business speculations in some business ventures, the secrets of which he directly or indirectly by any government-owned or controlled bank or
learned by reason of his position as a judge. financial institution to xxx members of the Supreme Court xxx during
The judge may be liable for violation of Section 3(k) of RA 3019 their tenure.
divulging valuable information of a confidential character, acquired by
his office or by him on account of his official position to unauthorized Taking or Receiving Loans From Litigants
persons or releasing such information in advance of its authorized release It is a serious misconduct for a judge to receive money from a
due. litigant in the form of loans which he never intended to pay back. Even if
Violation of the rule may also lead to revelation of secrets by the judge intends to pay, it is an act of impropriety to take a loan from a
an officer or to revelation of the secrets of a private individual party-litigant. The judge could not be wholly free from bias in deciding a
punishable by Articles 229 and 230 of the Revised Penal Code respectively. case where his lender is a party. A judge should always strive to be free
from suspicion and all forms of improprieties.

PROHIBITION TO PRACTICE LAW
Judges shall not practice law whilst the holder of judicial office.
(Sec. 11)
Section 35 of Rule 138 of Rules of Court prohibits judges,
officials or employees of superior courts xxx from engaging in private
practice as members of the bar and in giving professional advice to
clients.
CASES: The reason for the prohibition has been explained in Dia-
Anonuevo vs. Bercacio [68 SCRA 81]. The Supreme Court held that the rule
disqualifying a municipal judge from engaging in the practice of law seeks
to avoid the evil of possible use of the power and influence of his office to
CANON 5: EQUALITY
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. (Sec. 2)
CANON 6: COMPETENCE AND DILIGENCE
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. (Sec. 3)
CASE: Judges must be conscientious, studious and thorough,[83]
observing utmost diligence in the performance of their judicial
functions.[84] They have to exhibit more than just cursory acquaintance
with statutes and procedural rules. Moreover, they must require court
personnel to observe at all times high standards of public service and
fidelity. (Atty. Fabella vs. Judge Lee, A.M. No. MTJ-04-1518. January 15,
2004)
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. 6)
CODE OF JUDICIAL CONDUCT
(October 20 1989)
Canon-
1: Uphold the integrity and independence of the judiciary
2: Avoid impropriety and the appearance of impropriety
3: Perform official duties honestly, and with impartiality and
diligence
4: With due regard to official duties, engage in activities to
improve the law, the legal system and the administration of
justice
5: Regulate extrajudicial activities to minimize the risk of conflict
with judicial duties
CANON 1: PROMPT DISPOSITION OF CASES
A judge should administer justice impartially and without
delay. [Rule 1.02]
A judge shall dispose of the courts business promptly and
decide cases within the required periods. [Rule 3.05]
CASES: In the Request of Judge Irma Zita Masamayor [A.M. NO. 99-1-16,
RTC, June 21 1999] it was held that cognizant of the caseload of judges and
mindful of the pressure of their work, the Supreme Court almost always
grants requests for extension of time to decide cases. A heavy caseload
may excuse a judges failure to decide cases within the reglementary
period, but not his or her failure to request for an extension of time
before the expiration of the period to be extended.
In Bernardo vs. Judge Amelia Fabros [A.M. NO. MTJ-99-1189,
May 12, 1999], the Supreme Court has always considered the failure of a
judge to decide a case within the reglementary period as GROSS
INEFFICIENCY and imposed either fine or suspension from service
without pay for such. The fines imposed vary in each case, depending
chiefly on the number of cases not decided within the reglementary
period and other factors to wit: the presence of aggravating
circumstances the damage suffered by the parties as a result of the
delay, the health and age of the judge, etc.
CANON 2: AVOIDANCE OF IMPROPRIETY
A judge should avoid impropriety and the appearance of
impropriety in all activities.
CASES: In Manuel vs. Judge Demetrio Calimay, Jr. [A.M. NO. RTJ-99-1441,
May 28, 1999] it was held that the fact that the charges proffered in the
instant case do not directly refer to respondent judges official functions
does not mean he is totally free from blame. Canon 2 of the Code of
Judicial Conduct provides that a judge should not only avoid impropriety
but also the appearance of impropriety in all his activities. He should
behave at all times as to promote public confidence in the integrity and
impartiality of the judiciary. He should be extra careful in all his dealings
both in his professional and individual capacities in order to promote
and protect the image of the judiciary to which he is privileged to belong.
Respondent, in removing the bamboo poles and fishing nets
installed by complainant, acted in his private capacity. Nevertheless,
without in any way prejudging respondents liability, respondent should
be admonished to be careful even in his private conduct because he is a
model of the law-abiding citizen and, for this reason, his private life
cannot be completely separated from his public persona. (Bernardo vs.
Judge Tiamson, A.M. No. RTJ-00-1565. August 6, 2001)
In Prosecutor Leo Tabao vs. Judge Pedro Espina [A.M. NO. RTJ-
96-1347, June 29, 1999] it was held that apropos the issue on the hasty
rendition of judgment in a criminal case, the Supreme Court has
reminded members of the bench time and again that as exemplars of
justice and law, judges must avoid not only impropriety but even the
appearance of impropriety in all their actions. Neither should they take
undue interest in the settlement of criminal cases as the same may
compromise the integrity and impartiality of their office.
A judge should so behave at all times as to promote public
confidence in the integrity of the judiciary. [Rule 2.01]
CANON 3: PERFORMANCE OF DUTIES WITH HONESTY,
IMPARTIALITY AND DILIGENCE
A judge should perform official duties honestly and with
impartiality and diligence.
A judge shall be faithful to the law and maintain professional
competence. [Rule 3.01]
CASE: In the case Exequiel Domingo vs. Judge Luis Reyes [A.M. NO. MTJ-
98-1165, June 21, 1999] the Supreme Court held that judges are expected
to keep abreast of developments in law and jurisprudence. The SC does
not countenance respondent judges failure to inform himself of recent
jurisprudential rules. His error, while an honest one and committed for
the purpose of achieving the ends of justice, must never happen again.
Respondent judge was reprimanded for IGNORANCE OF THE LAW.
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 concurrently. [Rule 3.03]
A judge cannot take refuge behind the inefficiency or
mismanagement by court personnel. Proper and efficient court
management is as much as his responsibility. It is also his duty to
organize and supervise the court personnel to ensure the prompt and
efficient dispatch of business.
CANON 4: ENGAGING IN ACTIVITIES TO IMPROVE THE LAW
A judge may, with due regard to official duties, engage in
activities to improve the law, the legal system and the administration of
justice.
A judge may, to the extent that the following activities do not
impair the performance of judicial duties or cast doubt on the judges
impartiality:
a. speak, write, lecture, teach or participate in activities
concerning the law, the legal system and the administration of
justice;
b. appear at public hearing before a legislative or executive body
on matters concerning the law, the legal system or the
administration of justice and otherwise consult with them on
matter concerning the administration of justice;
c. serve on any organization devoted to the improvement of the
law, the legal system or the administration of justice. [Rule
4.01]
CANON 5: REGULATION OF THE EXTRAJUDICIAL ACTIVITIES OF A
JUDGE
A judge should regulate extra-judicial activities so as to
minimize the risk of conflict with judicial duties.
AVOCATIONAL/CIVIC/CHARITABLE ACTIVITIES
A judge may engage in the following activities provided that
they do not interfere with the performance of judicial duties or detract
from the dignity of the court: write, lecture, teach and speak on non-legal
subject
a. engage in the arts, sports and other special recreational
activities
b. participate in civic and charitable activities
c. serve as an officer, director, trustee, or non-legal advisor of a
non-profit or non-political, educational, religious, charitable,
and fraternal or civic organization. [Rule 5.01]
FINANCIAL ACTIVITIES
A judge shall refrain from financial and business dealings:
1. that tend to reflect adversely on the courts impartiality
2. that interfere with the proper performance of judicial activities
3. that increase involvement with lawyers or persons likely to come
before the court [Rule 5.02]

A judge should so manage investments and other financial
interests as to minimize the number of cases giving grounds for
disqualification.
Subject to the provisions of the preceding rule, a judge may
hold and manage investments but should not serve as an officer, director,
manager, advisor, or employee of any business except as director of a
family business of the judge. [Rule 5.03]
FIDUCIARY ACTIVITIES
PROHIBITION TO SERVE AS EXECUTOR, ADMINISTRATOR, ETC.
General Rule: The judge shall not serve as (a) executor, (b)
administrator, (c) trustee, (d) guardian, (e) fiduciary.
Exception: when the estate, trust, ward or person for whom he will act
as executor, administrator, trustee, guardian or fiduciary is a member of
the immediate family- which is limited to the spouse and relatives within
the second degree of consanguinity provided that the judges services as
fiduciary shall not interfere with the performance of his judicial functions
[Rule 5.06].
In such exceptional cases, the judge SHALL NOT:
a. serve in proceeding that might come before the court of said
judge
b. act as such contrary to Rules 5.02 to 5.05.
(Note: the relationship mentioned is by consanguinity and not by
affinity.)
PROHIBITION TO BE APPOINTED IN QUASI-JUDICIAL AND
ADMINISTRATIVE AGENCIES
A judge shall not accept appointment or designation to any
agency performing quasi-judicial or administrative functions. [Rule 5.09]
The prohibition is based on Section 12, Art. VIII of the
Constitution which provides: The members of the Supreme Court and of
other courts established by law shall not be designated to any agency
performing quasi-judicial or administrative functions.
The appointment to such positions will likely interfere with the
performance of the judicial functions of a judge hence, the prohibition.
PROHIBITION TO ENGAGE IN POLITICAL ACTIVITIES
A judge is entitled to entertain personal views on political
questions. But to avoid suspicion of political partisanship, a judge shall
not make political speeches, contribute to party funds, publicly endorse
candidates for political office or participate in other partisan political
activities. [Rule 5.10]
LIABILITY OF JUDGES
In the absence of fraud, dishonesty or corruption, acts of judge
in his judicial capacity not subject to disciplinary action even though such
acts are erroneous. He cant be subject to liability criminal, civil,
administrative for any of his official acts, no matter how erroneous, so
long as he acts in good faith. In such a case, the remedy of aggrieved party
is not to file administrative complaint against the judge but to elevate
error to higher court for review and correction
When a Judge May Be Held Liable: Civil, Criminal and Administrative
1. Malfeasance
2. Misfeasance
3. Knowingly rendering unjust judgment or interlocutory order
4. Malicious delay in administration of justice
5. Giving private party unwarranted benefit in exercise of judicial
function thru manifest partiality, evident bad faith and gross
inexcusable negligence.
CIVIL LIABILITIES OF JUDGES IN RELATION TO THEIR OFFICIAL
FUNCTIONS
1. Any public officer or employee or any private individual, who directly
or indirectly obstructs, defeats and violates or in any manner impedes or
impairs the civil rights and liberties of persons shall be liable for
damages. [Art. 32, Civil Code]
The responsibility for damages is not however demandable of
judges except when the act or omission of the judge constitutes a
violation of the Penal Code or other penal statute. [Art. 32, last par.]
23
2. A judge who willfully or negligently renders a decision causing
damages to another, shall indemnify the latter for the same.
A judge is also civilly liable for damages, if in refusing or
neglecting to decide a case without just cause, a person suffered material
or moral loss without prejudice to any administrative action that may be
taken against him. [Art. 27, Civil Code]
DISABILITIES OF JUDGES UNDER THE CIVIL CODE
1. Art. 1491. The following persons cannot acquire by purchase, even at a
public or judicial action, either in person or through the mediation of
another:
xxx
(5) Justices, judges, prosecuting attorneys, clerks of superior and
inferior courts and other officers and employees connected with the
administration of justice, the property and rights in litigation or levied
upon an execution before the court within whose jurisdiction or territory
they exercise their respective functions, this prohibition includes the act
of acquiring by assignment and shall apply to lawyers, with respect to the
property and rights which may be the object of any litigation in which
they may take part by virtue of their profession.
Xxx
2. Art. 739. Donations made to a judge, his wife, descendants and
ascendants by reason of his office are void.
CRIMINAL LIABILITIES OF JUDGES IN RELATION TO THEIR OFFICIAL
FUNCTIONS
1. Misfeasance
a. Knowingly Rendering Unjust Judgment - Any judge who
shall knowingly render an unjust judgment in any case submitted
to him for decision shall be punished by prision mayor and
perpetual absolute disqualification. [Art. 204 Revised Penal Code]
b.Manifestly Unjust Judgment- it is one which is so patently
against the law, public order, public policy and good morals that a
person of ordinary discernment can easily sense its invalidity and
injustice.
In order that a judge may be held liable for knowingly rendering an
unjust judgment, it must be shown beyond doubt that the judgment is
unjust as it is contrary to law or is not supported by evidence and the
same was made with conscious and deliberate intent to do an injustice.
[In Re: Climaco, 55 SCRA 107]
If the decision rendered by the judge is still on appeal, the judge
cannot be disqualified on the ground of knowingly rendering an unjust
judgment. [Abad vs. Blaza, 145 SCRA 1]
2. Judgment Rendered Through Negligence Any judge who, by reason
of inexcusable negligence or ignorance shall render a manifestly unjust
judgment in any case submitted to him for decision shall be punished by
arresto mayor and temporary special disqualification. [Art. 205 Revised
Penal Code]
Negligence and ignorance are inexcusable if they imply a
manifest injustice which cannot be explained by reasonable
interpretation. [In Re Climaco, 55 SCRA 107]
4. Knowingly Rendering an Unjust Interlocutory Order Any
judge who shall knowingly render an unjust interlocutory order or
decree shall suffer the penalty of arresto mayor in its minimum
period and suspension; but if he shall have acted by reason of
inexcusable negligence or ignorance and the interlocutory order or
decree be manifestly unjust, the penalty shall be suspension. [Art.
206, Revised Penal Code]
5. Maliciously Delaying the Administration of Justice The penalty
of prision correccional in its minimum period shall be imposed upon any
judge guilty of malicious delay in the administration of justice.
To make the judge liable, the act must be committed maliciously
with deliberate intent to prejudice a party in a case.
6. Malfeasance Under the Anti-Graft and Corrupt Practices Act
A judge is criminally liable for causing an undue injury to a person or
giving any private party an unwarranted benefit, advantage or preference
in the discharge of his official function through manifest partiality,
evident bad faith and gross inexcusable negligence. [Section 3(e), R.A.
3019]

DISCIPLINE OF MEMBERS OF THE BENCH
POWER TO DISCIPLINE ERRING MEMBERS OF THE BENCH
The Supreme Court has administrative supervision over all
courts and the personnel thereof [Section VI, Art. VIII, Constitution]. The
Court en banc has the power to discipline all judges of lower courts
including justices of the Court of Appeals. It may even dismiss them by a
majority vote of the members who actually took part in the deliberation
of the issues in the case and voted thereon [Section XI, Art. VIII,
Constitution].
The inferior courts (MTCs) are not empowered even just to
suspend an attorney, although they may cite or hold a lawyer in contempt
of court for contemptuous acts.
Justices and judges, who are also lawyers, if found guilty of
certain crimes and / or of the causes for disbarment under the Rules of
Court may also be disbarred.
Justices of the Supreme Court however may not be disbarred
unless and until they shall have been first impeached in accordance with
the Constitution. The same is true with the other impeachable officers
who are members of the bar.
CASE: While it is our duty to investigate and determine the truth
behind every matter in complaints against judges and other court
personnel, it is also our duty to see to it that they are protected and
exonerated from baseless administrative charges. The Court will not
shirk from its responsibility of imposing discipline upon its magistrates,
but neither will it hesitate to shield them from unfounded suits that serve
to disrupt rather than promote the orderly administration of justice. (
Ocenar vs. Judge Mabutin, A.M. No. MTJ-05-1582, February 28, 2005 )
GROUNDS FOR DISCIPLINE OF JUDGES [Section 1, Rule 140, Revised
Rules of Court]
1. Serious Misconduct
2. Inefficiency
Misconduct - implies malice or a wrongful intent, not a mere error of
judgment. For serious misconduct to exist there must be reliable
evidence showing that the judicial acts complained of were corrupt or
inspired by an intention to violate the law or were in persistent disregard
of well-known legal rules.
Inefficiency - implies negligence, incompetence, 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.
CASES: In the case of In Re: Leaves Of Absence Without Approval Of
Judge Eric Calderon [A.M. 98-8-105 MTC, January 26, 1999] - Judge
Calderon was found guilty of gross misconduct, abandonment of office and
was dismissed due to his frequent leave of absence totaling to 3 years
which were not approved and his explanations were inexcusable. He has
caused great disservice to many litigants and has denied them speedy
justice.
In the case of In Re: Judge Danilo Tenerife [255 SCRA 184] - The
failure of a judge to decide even a single case within the 90-day period
was considered gross inefficiency warranting the imposition of fine
equivalent to his one month salary.
Effect of resignation or retirement of a judge when there is a
pending administrative case against him
The retirement/resignation of a judge may or may not render
the administrative complaint moot and academic. Each case will be
determined according to its surrounding circumstances. (Pagayao vs.
Imbing, A.M. No. 89-403. August 15, 2001; Lilia vs. Judge Famunal, A.M. No.
RTJ-99-1503. December 13, 2001)
According to Pesole vs. Rodriguez [81 SCRA 208] the acceptance
by the President of the resignation does not necessarily render the case
moot or deprive the SC of the authority to investigate the charges. The
court retains its jurisdiction either to pronounce the respondent official
innocent of the charges or declare him guilty thereof. A contrary rule will
be fraught with injustice and pregnant with dreadful and dangerous
implications.
PROCEDURE FOR DISCIPLINE OF JUDGES (RULE 140)
1. Complaint, in writing and duly sworn to is filed with the
Supreme Court. [Sec. 1]
2. If found meritorious, a copy thereof shall be served on the
respondent and he shall be required to comment within 10
days of service. [Sec. 6]
3. Upon filing of respondents comment or expiration of the
period upon filing comment, the SC either refers the matter to
the Office of the Court Administrator (OCA) for evaluation,
report, and recommendation, or assigns a Justice of the Court
of Appeals (if respondent is an RTC judge) or a judge of the
RTC (if respondent is a judge of an inferior court) to investigate
and hear the charges. [Sec. 7]
4. After hearings, the investigating justice or judge submits a
report of finding of fact, conclusions of law and
recommendations to the Supreme Court. [Sec. 8]
5. The Supreme Court takes action as the facts and the law may
warrant. [Sec. 9]
Proceedings shall be private and confidential but a copy of the
decision or resolution of the Court shall be attached to the record of the
judge in the Office of the Court Administrator. [Sec. 11]
QUANTUM OF EVIDENCE REQUIRED
The ground for the removal of a judicial officer should be
established beyond reasonable doubt. Such is the rule where the charges
on which the removal is sought is misconduct in office, willful neglect,
corruption, or incompetence. The general rules in regard to admissibility
of evidence in criminal trials apply.
For liability to attach, the assailed order, decision or actuation
of the judge in the performance of official duties must not only found to
be erroneous but, most importantly, it must be established that he was
moved by bad faith, dishonesty, hatred or some other like motive.
Similarly, a judge will be held administratively liable for rendering an
unjust judgment one which is contrary to law or jurisprudence or is
not supported by evidence when he acts in bad faith, malice, revenge
or some other similar motive. In other words, in order to hold a judge
liable for knowingly rendering an unjust judgment, it must be shown
beyond reasonable doubt that the judgment was made with a conscious
and deliberate intent to do an injustice. (Judge De Guzman vs. Dy, A.M. No.
RTJ-03-1755, July 3, 2003)
IMPEACHMENT PROCEEDINGS AGAINST JUDGES
Penal in nature governed by rules on criminal case and
therefore requires proof beyond reasonable doubt. Only SC justices are
subject to impeachment.
MISCONDUCT
Reliable evidence showing that judicial actions are corrupt or
inspired by intent to violate the law or in persistent disregard of legal
rules.
Justices and Judges may not be investigated under the grievance
procedure in Rule 139-B, sec. 1 of the Revised Rules of Court. Complaints
against justices and judges are filed with the Supreme Court which has
administrative supervision over all courts.
As a matter of practice, the Supreme Court has assigned
complaints against Municipal or Metropolitan Trial Judges to an
Executive Judge of a Regional Trial Court and complaints against judges of
Regional Trial Courts to a justice of the Court of Appeals, while a
complaint against a member of the Court of Appeals would probably be
assigned to a member of the Supreme Court for investigation, report and
recommendation. Retired SC Justices are now tasked for this purpose.
REINSTATEMENT OF JUDGE PREVIOUSLY DISCIPLINED
No indication that he is inspired by corrupt motives or reprehensive
purpose in the performance of his functions.
Factors to be considered
1. Unsullied name & service of record prior to dismissal
2. Commitment to avoid situation that spur suspicion of arbitrary
conditions.
3. Complainant mellowed down in pushing from his removal
4. Length of time separated from service
 25

V. INTEGRATED BAR OF THE PHILIPPINES

IBP is the national organization of lawyers created on January

16, 1973 under Rule 139-A, Rules of Court and constituted on May 4,
1973 into a body corporate by P.D. No. 181
As the official national unification of the entire lawyer
population of the Philippines this requires membership and financial
support in reasonable amount of every attorney as conditions sine qua
non to the practice of law and the retention of his name in the Roll of
Attorneys.
The IBP Board of Governors is authorized to provide in the By-
Laws for grievance procedure for the enforcement and maintenance of
discipline among all the members of the IBP, but no action involving the
suspension or disbarment of a member or the removal of his name from
the Roll of Attorneys shall be effective without the final approval of the
Supreme Court. [Rule 139-A,Section 12, Rules of Court]

CASE: Compulsory membership to the IBP is not violative of a lawyers

freedom of association. Integration does not make a lawyer a member of
any group of which he is already a member. He became a member of the
bar when he passed the Bar Examinations. All that integration actually
does is to provide an official national organization for the well defined but
unorganized and incohesive group of which every lawyer is already a
member. [In re: Edillon A.M. 1928]

Voluntary termination of IBP membership, How Effected

By filing a verified notice to that effect with the Secretary of
IBP who shall immediately bring the matter to the attention of the SC.
Forthwith, he shall cease to be a member and his name shall be stricken
from the Roll of Attorneys.

Effect of failure to pay annual membership dues to the IBP

The failure of any attorney to pay his annual membership
dues for 6 months shall warrant suspension of his membership in the IBP
and default of such payment for one year shall be a ground for the
removal of his name from the Roll of Attorneys. [Sec. 10, Rule 139-A, Rules
of Court].
CASES: A lawyer may not be disciplined either by the IBP or the Court
for failing to pay her obligation to complainant, a matter in her non-
professional or private capacity. [Toledo vs. Abalos, A. C. No. 5141,
September 29, 1999]

Wanton disregard of the lawful orders of the IBP Commission on Bar

Discipline a ground for suspension of a lawyer from the practice of
law. A lawyer was suspended from the practice of law for one month due
to her wanton disregard of the lawful orders of the IBP Commission on
Bar Discipline. [Toledo vs. Abalos, A. C. No. 5141, September 29, 1999]