Professional Documents
Culture Documents
1
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
I. LEGAL ETHICS
PRELIMINARY MATTERS ESSENTIAL CRITERIA DETERMINATIVE
OF ENGAGING IN THE PRACTICE OF
Legal Ethics – branch of moral science LAW: (HACA)
which treats of the duties which an 1. Habituality- implies
attorney owes to the court, to his client, customarily or habitually holding
to his colleagues in the profession and to oneself out to the public as a
the public. lawyer
- It is the embodiment of all 2. Compensation- implies
principles of morality and refinement that one must have presented
that should govern the conduct of every himself to be in the active
member of the bar. practice and that his professional
services are available to the
PRIMARY CHARACTERISTICS WHICH public for compensation, as a
DISTINGUISH THE LEGAL PROFESSION source of his livelihood or in
FROM BUSINESS consideration of his said
1. A duty of public service services.
2. A relation, as an “officer of the 3. Application of law, legal
court”, to the administration of principle, practice, or
justice involving thorough procedure which calls for legal
sincerity, integrity and reliability knowledge, training and
3. A relation to clients with the experience
highest degree of fiduciary 4. Attorney – client
4. A relation to the colleagues at relationship
the bar characterized by candor,
fairness and unwillingness to PRIVATE PRACTICE
resort to current business Private practice is more than an
methods of advertising and isolated appearance for it consists of
encroachment on their practice, frequent or customary actions, a
or dealing directly with their succession of acts of the same kind.
clients.
NOTE: An isolated appearance does
PRACTICE OF LAW not amount to practice of law of a public
officer if allowed by his superior in
CASE: Any activity in or out of court exceptional cases.
which requires the application of law,
legal principle, practice or procedure NOTE: The practice of law is not a
and calls for legal knowledge, training natural, property or constitutional right
and experience. (Cayetano vs Monsod, but a mere privilege. It is not a right
201 SCRA 210) granted to any one who demands it but a
Strictly speaking, the word privilege to be extended or withheld in
practice of law implies the customary or the exercise of sound judicial discretion.
habitual holding of oneself to the public It is in the nature of a franchise
as a lawyer and demanding conferred only for merit which must be
compensation for his services. [People earned by hard study, learning and good
vs. Villanueva 14 SCRA 111] 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
attorney’s continued enjoyment of the
privilege conferred depends upon his
complying with the ethics and rules of 6. Ordain the integration of the
333the profession. Philippine Bar
But practice of law is in the 7. Punish for contempt any person
nature of a right. While the practice of for unauthorized practice of law
law is a privilege, a lawyer cannot be 8. Exercise overall supervision of
prevented from practicing law except for the legal profession
valid reasons, the practice of law not 9. Exercise any other power as may
being a matter of state’s grace or favor. be necessary to elevate the
He holds office during good behavior and standards of the bar and
can only be deprived of it for misconduct preserve its integrity.
ascertained and declared by judgment of
the Supreme Court after opportunity to On the other hand, the
be heard has been afforded him. The LEGISLATURE, in the exercise of its
state cannot exclude an attorney from POLICE POWER may, however, enact
the practice of law in a manner or for laws regulating the practice of law to
reasons that contravene the due process protect the public and promote the
or equal protection clause of the public welfare. But the legislature MAY
Constitution. NOT pass a law that will control the SC
in the performance of its function to
POWER TO REGULATE THE PRACTICE decide who may enjoy the privilege of
OF LAW practicing law and any law of that kind is
unconstitutional as an invalid exercise of
CASES: The Constitution [Art. VIII, legislative power.
Sec. 5(5)] vests this power of control and
regulation in the Supreme Court. The
constitutional power to admit candidates WHO MAY PRACTICE LAW?
to the legal profession is a judicial
function and involves the exercise of Any person heretofore duly
discretion. Petition to that end is filed admitted as a member of the bar, or
with the Supreme Court as are other hereafter admitted as such in
proceedings invoking judicial function accordance with the provisions of this
[In re: Almacen 31 SCRA 562] rule, and who is in good and regular
The SC acts through a Bar standing, is entitled to practice law.
Examination Committee in the exercise [Sec. 1, Rule 138]
of its judicial function to admit
candidates to the legal profession. Thus,
the Committee is composed of a member REQUIREMENTS BEFORE A
of the Court who acts as Chairman and 8 CANDIDATE CAN ENGAGE IN THE
members of the bar who acts as
PRACTICE OF LAW
examiners in the 8 bar subjects with one
I. He must have been admitted to the
subject assigned to each. [In re Lanuevo,
Bar
66 SCRA 245]
a. Furnishing satisfactory proof of
The power of the SC to regulate the
educational, moral and other
practice of law includes the authority to:
qualification;
1. Define the term
b. Passing the bar
2. Prescribe the qualifications of a
c. Taking the Lawyer’s Oath before
candidate to and the subjects of
the SC
the bar examinations
A lawyer’s oath signifies that
3. Decide who will be admitted to
the lawyer in taking such an oath
practice
accepts and affirms his ethical
4. Discipline, suspend or disbar any
obligations in the performance of
unfit and unworthy member of
his duties as a lawyer and
the bar
signifies likewise his awareness
5. Reinstate any disbarred or
of his responsibilities that he
indefinitely suspended attorney
assumes by his admission to the rule of right and duty which a person
legal profession. should follow.
d. Signing the Attorney’s Roll and
receiving from the Clerk of Court ACADEMIC REQUIREMENTS FOR THE
of the SC a Certificate of the CANDIDATES
license to practice 1. Must have already
II. After his admission to the bar, a earned a Bachelor’s Degree in
lawyer must remain in good and regular Arts or Sciences (Pre-law)
standing, which is a continuing 2. Law Course – completed
requirement for the practice of law. He courses in Civil Law, Commercial
must: Law, Remedial Law, Criminal
a. Remain a member of the IBP Law, Public and International
(membership therein by every Law, Political Law, Labor and
attorney is made compulsory); Social Legislation, Medical
b. Regularly pay all IBP membership Jurisprudence, Taxation, Legal
dues and other lawful Ethics. [Sec. 5 and 6, Rule 138]
assessments, as well as the
annual privilege tax;
c. Faithfully observe the rules and APPEARANCE OF NON-LAWYER IN
ethics of the legal profession;
and
COURT
d. Be continually subject to judicial
disciplinary control. MAY A NON-LAWYER APPEAR IN COURT?
General Rule: Only those who are
licensed to practice law can appear and
handle cases in court.
BASIC REQUIREMENTS FOR
ADMISSION TO THE BAR Exceptions:
Under Section 2, 5 and 6, Rule 138, the
1. Before the MTC - a party may
applicant must be:
conduct his case or litigation in
1. Citizen of the
person with the aid of an
Philippines;
agent or friend appointed by him.
2. At least 21 years of age;
[Sec. 34, Rule 138]
3. Of good moral character;
2. Before any court – a party may
(Note: This is a continuing
conduct his litigation personally.
requirement.)
But he gets someone to aid him and
4. Resident of the
that someone must be an authorized
Philippines;
member of the Bar [Sec. 34, Rule
5. Must produce before the
138]. He is bound by the same rules
SC satisfactory evidence of good
in conducting the trial of his case.
moral character;
He cannot, after judgment, claim
6. No charges against him,
that he was not properly
involving moral turpitude, have
represented.
been filed or are pending in any
3. In a criminal case before the MTC –
court in the Phil. [Sec. 2, Rule
in a locality where a duly licensed
138];
member of the Bar is not available,
7. Must have complied with
the judge may appoint a non-lawyer
the academic requirements;
who is a resident of that province, of
8. Pass the bar
good repute for probity and ability to
examinations.
the accused in his defense. [Sec. 7,
Rule 116]
Moral Turpitude – imports an act of
4. Student Practice Rule - A law
baseness, vileness or depravity in the
student who has successfully
duties which one person owes to another
completed his 3rd year of the regular
or to society in general which is contrary
4-year prescribed law curriculum and
to the usually accepted and customary
is enrolled in a recognized law
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-
Kristine Ventura
4 2005 CENTRALIZED BAR OPERATIONS
authorized member of the bar to appear word “appearance” includes not only
in any case in which the government has arguing a case before any such body but
an interest, direct or indirect, or in also filing a pleading on behalf of a
which such official is charged in his client as “by simply filing a formal
official capacity. motion, plea or answer”. [Ramos vs.
Manalac 89 Phil 270]
RULES ON PUBLIC OFFICIALS Neither can he allow his name to
appear in such pleading by itself or as
REGARDING PRACTICE OF LAW part of a firm name under the signature
of another qualified lawyer because the
PUBLIC OFFICIALS WHO CANNOT signature of an agent amounts to signing
PRACTICE LAW IN THE PHILIPPINES of a non-qualified senator or
1. Judges and other congressman, the office of an attorney
officials or employees of the being originally of agency, and because
superior court he will, by such act, be appearing in
2. Officials and employees court or quasi-judicial or administrative
of the Office of the Solicitor body in violation of the constitutional
General restriction. “He cannot do indirectly
3. Government Prosecutors what the Constitution prohibits
4. President, Vice- directly”. [In re: David 93 PHIL 461]
President, members of the
Cabinet, their deputies and RESTRICTIONS IN THE PRACTICE OF
assistants LAW OF THE MEMBERS OF THE
5. Chairmen and members SANGGUNIAN
of the Constitutional They shall not:
Commissions 1. Appear as counsel before
6. Ombudsman and his any court in any civil case
deputies wherein a local government unit
7. Governors, city and or any office, agency or
municipal mayors instrumentality of the
8. Those who, by special government is the adverse party;
law are prohibited from engaging 2.Appear as counsel in any
in the practice of their legal criminal case wherein an officer
profession or employee of the national or
local government is accused of
PUBLIC OFFICIALS WITH RESTRICTIONS an offense committed in relation
IN THE PRACTICE OF LAW to his office;
1. Senators and Members of the House 3. Collect any fee for their
of Representatives appearance in administrative
2. Members of the proceedings involving the local
Sanggunian government unit of which he is
3. Retired Justice or Judge an official. [Sec. 90, R.A. 7160]
4. Civil Service officers or 4. Use property and
employees without permit from personnel of the government
their respective department except when the Sanggunian
heads [Noriega vs. Sison 125 member concerned is defending
SCRA 293] the interest of the government
RESTRICTIONS IN THE PRACTICE OF RESTRICTIONS IN THE PRACTICE OF
LAW OF MEMBERS OF LEGISLATURE LAW OF RETIRED JUSTICE/JUDGE
As a condition of the pension
CASES: A lawyer-member of the provided under R.A. 910, no retiring
legislature is only prohibited from justice or judge of a court of record or
appearing as counsel before any court of city or municipality judge during the
justice, electoral tribunals or quasi- time that he is receiving said pension
judicial and administrative bodies. The shall:
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-
Kristine Ventura
6 2005 CENTRALIZED BAR OPERATIONS
Client – one who engages the services of Practicing Lawyer – one engaged in the
a lawyer for legal advice or for practice of law who by license are
purposes of prosecuting or officers of the court and who are
defending a suit in behalf and empowered to appear, prosecute
usually for a fee. and defend a client’s cause.
Chapter II: The Lawyer and the Legal 22. Withdraw services only for
Profession good cause and upon notice
CANON -
7. At all times uphold the
integrity and dignity of the LAWYER’S DUTIES TO SOCIETY
Profession and support the
activities of the IBP CANON 1: UPHOLD THE CONSTITUTION
8. Conduct himself with AND OBEY THE LAWS OF THE LAND
courtesy, fairness and
candor toward his colleagues DISCOURAGING LAW SUITS
and avoid harassing tactics Under Rule 1.03, a lawyer shall not
9. Not to directly or indirectly for any corrupt motive or interest,
assist in the unauthorized encourage any suit or proceeding or
practice of law delay any man’s cause.
CRIME OF MAINTENANCE – A lawyer
Chapter III: The Lawyer and the Courts owes to society and to the court the duty
CANON - not to stir up litigation. The following
10. Owes candor, fairness and are unprofessional acts within the
good faith to the court prohibition:
11. Observe and maintain the 1. Volunteering advice to bring
respect due courts and lawsuit except where ties of
judicial officers blood, relationship, and trust
12. Duty to assist in the speedy make it a duty to do so.
and efficient administration 2. Hunting up defects in titles or
of justice other causes of action and
13. Rely upon the merits of his informing thereof to be
cause, refrain from any employed to bring suit or collect
impropriety which tends to judgment, or to breed litigation
influence courts, or give the by seeking out claims for
appearance of influencing personal injuries or any other
the court grounds to secure them as
Chapter IV: The Lawyer and the Client clients.
CANON - 3. Employing agents or runners for
14. Not to refuse his services to like purposes.
the needy 4. Paying direct or indirect reward
15. Observe candor, fairness and to those who bring or influence
loyalty in all his dealings and the bringing of such cases to his
transactions with clients office.
16. Hold in trust all the moneys 5. Searching for unknown heirs and
and property of his client soliciting their employment.
that may come to his 6. Initiating a meeting of a club and
possession inducing them to organize and
17. Owes fidelity to clients contest legislation under his
cause and be mindful of the guidance.
trust and confidence reposed 7. Purchasing notes to collect them
in him by litigation at a profit.
18. Serve client with
competence and diligence A lawyer shall refrain from
19. Represent client with zeal committing barratry and ambulance
and within the bounds of law chasing of cases.
20. Charge only fair and
reasonable fees Barratry – offense of frequently inciting
21. Preserve the confidence and and stirring up quarrels and suits. The
secrets of client even after lawyer’s act of fomenting suits among
the atty.-client relation is individuals and offering his legal services
terminated to one of them
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
13
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
copies. [Rule 12.01 Code of Professional 2. Any willful and deliberate forum
Responsibility] shopping by any party and his
lawyer with the filing of multiple
A lawyer shall NOT unduly delay petitions or complaints to ensure
a case, impede the execution of favorable action shall constitute
judgment or misuse court processes. direct contempt of court;
[Rule 12.04, Code of Professional 3. The submission of a fake
Responsibility] certification under par. 2 of the
Circular shall likewise constitute
CASE: The Court further commented contempt of court, without
that it is understandable for a party in prejudice to the filing of a
the situation to make full use of every criminal action against the guilty
conceivable legal defense the law allows party. The lawyer may also be
it. In the appraisal, however, of such subjected to disciplinary
attempts to evade liability to which a proceedings.
party should respond, it must ever be
kept in mind that procedural rules are CANON 13: AVOIDING IMPROPRIETY
intended as an aid to justice, not as THAT TENDS TO INFLUENCE THE COURT
means for its frustration. Technicalities A lawyer shall rely upon the
should give way to the realities of the merits of his cause and refrain from any
situation. (Economic Insurance Co., Inc. impropriety which tends to influence, or
vs. Uy Realty Co.) gives the appearance of influencing the
court.
The duty of a lawyer to assist in A lawyer shall not extend
the speedy and efficient administration extraordinary attention or hospitality to,
of justice includes the duty to refrain nor seek opportunity for cultivating
from talking to his witness during a familiarity with judges [Rule 13.01, Code
break or recess in the trial while the of Professional Responsibility]
witness is still under examination. A lawyer shall not make public
statements in the media regarding a
FORUM SHOPPING - the act of filing pending case tending to arouse public
repetitious suits in different courts. It is opinion for or against a party. [Rule
committed through the following: 13.02, Code of Professional
1. Going from one court to another in Responsibility]
the hope of securing a favorable A lawyer shall not brook nor invite
relief in one court, which another interference by another branch or agency of
court has denied. the government in the normal course of
2. Filing repetitious suits or judicial proceedings. [Rule 13.03 Code of
proceedings in different courts Professional Responsibility]
concerning the same subject
matter after one court has
decided the suit with finality.
ATTORNEY-CLIENT
3. Filing a similar case in a
judicial court after receiving an RELATIONSHIP
unfavorable judgment from an
administrative tribunal. NATURE OF RELATION
1. strictly personal;
Forum shopping is prohibited by 2. highly confidential and
Supreme Court Circular No. 28-91, and fiduciary
the corresponding penalties for violation
thereof are as follows: GENERAL RULES PROTECTING
1. Any violation of this circular ATTORNEY-CLIENT RELATIONSHIPS
shall be a cause for the summary 1. Best efforts must be exerted by
dismissal of the multiple petition the attorney to protect his
or complaint; client’s interest;
Guides for Determining Attorney’s Fees Champertous Contract - one where the
on Quantum Meruit Basis (TINS) lawyer stipulates with his client in the
prosecution of the case that he will bear
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
27
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
institution by client of
disbarment proceedings negate
Breach of Duties to Client fraudulent intent. If the lawyer
1. Negligence in performance of has a lien, it cannot be used as
duties an excuse for not making an
Requisites to Warrant accounting.
Suspension or Disbarment: 7. Collecting unreasonable
i. Negligence and fees – Where the law fixes the
carelessness which must be maximum amount which lawyer
gross in character may charge client, collection of
ii. Caused material more than what law allows
prejudice to client constitutes malpractice.
Note: Mere negligence without 8. Acting without authority - a
pecuniary damages justifies only lawyer can bind client without
reprimand or censure except special power of attorney only
when breach of duty to client is on procedural matters
a gross violation of obligation to 9. Willfully appearing without
court. being retained -It must be
2. Employment of unlawful willful, corrupt or contumacious
means in order that he may be held
3. Deceit or liable.
misrepresentation
Requisites Breach of Duties to Bar
a. Bad faith on the part of a. Unethical
the lawyer conduct or unprofessional
b. Material damage to client conduct - that which violates
4. Representing adverse rules or ethical code of legal
Interest and revealing client’s profession.
secrets - If there is no written b. Defaming
consent of client, a lawyer may fellow lawyer − Use of improper
not represent conflicting and objectionable language
interest. The fact that lawyer against another lawyer or accuse
did not acquire confidential him wantonly and maliciously of
information from client nor use a serious misconduct in the
the same against the latter does absence of reasonable cause
not excuse him from constitutes misconduct. Strongly
responsibility. worded statements by a lawyer
5. Purchase client’s against opposing lawyer, if
property in litigation justified by records, may not
Requisites: justify disciplinary action against
a. Lawyer is counsel for him.
client at the time he c. Encroaching
acquired the property upon business of another
b. Property is subject of d. Soliciting
litigation business - for purpose of gain,
c. Acquires it by himself or personally or through paid agents
through another is MALPRACTICE and agreeing
d. Acquires property during with non-lawyer to divide
pendency of litigation lawyer’s fees paid by client or
6. Failing to account or for solicitation by non-lawyer.
misappropriation of client’s e. Advertising
property - presupposes
fraudulent intent of lawyer.
Immediate repayment by lawyer
of client’s money or property
after demand but before
basis. (People vs. Kho, 357 SCRA 290, of the bar and in giving professional
April 20, 2001) advice to clients.
the legal system and the judge’s official functions does not mean
administration of justice he is totally free from blame. Canon 2 of
5: Regulate extrajudicial the Code of Judicial Conduct provides
activities to minimize the risk of that a judge should not only avoid
conflict with judicial duties impropriety but also the appearance of
impropriety in all his activities. He
should behave at all times as to promote
CANON 1: PROMPT DISPOSITION OF public confidence in the integrity and
CASES impartiality of the judiciary. He should
A judge should administer justice be extra careful in all his dealings – both
impartially and without delay. [Rule in his professional and individual
1.02] capacities – in order to promote and
A judge shall dispose of the protect the image of the judiciary to
court’s business promptly and decide which he is privileged to belong.
cases within the required periods. [Rule Respondent, in removing the
3.05] bamboo poles and fishing nets installed
CASES: In the Request of Judge Irma by complainant, acted in his private
Zita Masamayor [A.M. NO. 99-1-16, RTC, capacity. Nevertheless, without in any
June 21 1999] it was held that cognizant way prejudging respondent’s liability,
of the caseload of judges and mindful of respondent should be admonished to be
the pressure of their work, the Supreme careful even in his private conduct
Court almost always grants requests for because he is a model of the law-abiding
extension of time to decide cases. A citizen and, for this reason, his private
heavy caseload may excuse a judge’s life cannot be completely separated
failure to decide cases within the from his public persona. (Bernardo vs.
reglementary period, but not his or her Judge Tiamson, A.M. No. RTJ-00-1565.
failure to request for an extension of August 6, 2001)
time before the expiration of the period In Prosecutor Leo Tabao vs.
to be extended. Judge Pedro Espina [A.M. NO. RTJ-96-
In Bernardo vs. Judge Amelia 1347, June 29, 1999] it was held that
Fabros [A.M. NO. MTJ-99-1189, May 12, apropos the issue on the hasty rendition
1999], the Supreme Court has always of judgment in a criminal case, the
considered the failure of a judge to Supreme Court has reminded members of
decide a case within the reglementary the bench time and again that as
period as GROSS INEFFICIENCY and exemplars of justice and law, judges
imposed either fine or suspension from must avoid not only impropriety but even
service without pay for such. The fines the appearance of impropriety in all
imposed vary in each case, depending their actions. Neither should they take
chiefly on the number of cases not undue interest in the settlement of
decided within the reglementary period criminal cases as the same may
and other factors to wit: the presence of compromise the integrity and
aggravating circumstances – the damage impartiality of their office.
suffered by the parties as a result of the
delay, the health and age of the judge, A judge should so behave at all
etc. times as to promote public confidence in
the integrity of the judiciary. [Rule 2.01]
CANON 2: AVOIDANCE OF IMPROPRIETY
A judge should avoid
impropriety and the appearance of
impropriety in all activities. CANON 3: PERFORMANCE OF DUTIES
CASES: In Manuel vs. Judge Demetrio WITH HONESTY, IMPARTIALITY AND
Calimay, Jr. [A.M. NO. RTJ-99-1441, DILIGENCE
May 28, 1999] it was held that the fact A judge should perform official
that the charges proffered in the instant duties honestly and with impartiality and
case do not directly refer to respondent diligence.
A judge is also civilly liable for In order that a judge may be held
damages, if in refusing or neglecting to liable for knowingly rendering an unjust
decide a case without just cause, a judgment, it must be shown beyond
person suffered material or moral loss doubt that the judgment is unjust as it is
without prejudice to any administrative contrary to law or is not supported by
action that may be taken against him. evidence and the same was made with
[Art. 27, Civil Code] conscious and deliberate intent to do an
injustice. [In Re: Climaco, 55 SCRA 107]
DISABILITIES OF JUDGES UNDER THE If the decision rendered by the judge
CIVIL CODE is still on appeal, the judge cannot be
1. Art. 1491. The following persons disqualified on the ground of knowingly
cannot acquire by purchase, even at a rendering an unjust judgment. [Abad vs.
public or judicial action, either in person Blaza, 145 SCRA 1]
or through the mediation of another:
xxx 2. Judgment Rendered Through
(5) Justices, judges, prosecuting Negligence – Any judge who, by reason
attorneys, clerks of superior and inferior of inexcusable negligence or ignorance
courts and other officers and employees shall render a manifestly unjust
connected with the administration of judgment in any case submitted to him
justice, the property and rights in for decision shall be punished by arresto
litigation or levied upon an execution mayor and temporary special
before the court within whose disqualification. [Art. 205 Revised Penal
jurisdiction or territory they exercise Code]
their respective functions, this Negligence and ignorance are
prohibition includes the act of acquiring inexcusable if they imply a manifest
by assignment and shall apply to injustice which cannot be explained by
lawyers, with respect to the property reasonable interpretation. [In Re
and rights which may be the object of Climaco, 55 SCRA 107]
any litigation in which they may take
part by virtue of their profession. 4. Knowingly Rendering an Unjust
Xxx Interlocutory Order – Any judge who
shall knowingly render an unjust
2. Art. 739. Donations made to a judge, interlocutory order or decree shall
his wife, descendants and ascendants by suffer the penalty of arresto mayor
reason of his office are void. in its minimum period and
suspension; but if he shall have
CRIMINAL LIABILITIES OF JUDGES IN acted by reason of inexcusable
RELATION TO THEIR OFFICIAL negligence or ignorance and the
FUNCTIONS interlocutory order or decree be
1. Misfeasance manifestly unjust, the penalty shall
a. Knowingly Rendering be suspension. [Art. 206, Revised
Unjust Judgment - Any judge who Penal Code]
shall knowingly render an unjust
judgment in any case submitted to 5. Maliciously Delaying the
him for decision shall be punished Administration of Justice – The
by prision mayor and perpetual penalty of prision correccional in its
absolute disqualification. [Art. 204 minimum period shall be imposed
Revised Penal Code] upon any judge guilty of malicious
b. Manifestly Unjust delay in the administration of
Judgment- it is one which is so justice.
patently against the law, public To make the judge liable, the act
order, public policy and good must be committed maliciously with
morals that a person of ordinary deliberate intent to prejudice a party in
discernment can easily sense its a case.
invalidity and injustice.
Justices and Judges may not be attorney as conditions sine qua non to
investigated under the grievance the practice of law and the retention of
procedure in Rule 139-B, sec. 1 of the his name in the Roll of Attorneys.
Revised Rules of Court. Complaints The IBP Board of Governors is
against justices and judges are filed with authorized to provide in the By-Laws for
the Supreme Court which has grievance procedure for the enforcement
administrative supervision over all and maintenance of discipline among all
courts. the members of the IBP, but no action
As a matter of practice, the involving the suspension or disbarment of
Supreme Court has assigned complaints a member or the removal of his name
against Municipal or Metropolitan Trial from the Roll of Attorneys shall be
Judges to an Executive Judge of a effective without the final approval of
Regional Trial Court and complaints the Supreme Court. [Rule 139-A,Section
against judges of Regional Trial Courts to 12, Rules of Court]
a justice of the Court of Appeals, while a
complaint against a member of the Court CASE: Compulsory membership to the
of Appeals would probably be assigned to IBP is not violative of a lawyer’s freedom
a member of the Supreme Court for of association. Integration does not
investigation, report and make a lawyer a member of any group of
recommendation. Retired SC Justices which he is already a member. He
are now tasked for this purpose. became a member of the bar when he
passed the Bar Examinations. All that
REINSTATEMENT OF JUDGE integration actually does is to provide an
PREVIOUSLY DISCIPLINED official national organization for the well
No indication that he is inspired defined but unorganized and incohesive
by corrupt motives or reprehensive group of which every lawyer is already a
purpose in the performance of his member. [In re: Edillon A.M. 1928]
functions.
Voluntary termination of IBP
Factors to be considered membership, How Effected
1. Unsullied name & service of By filing a verified notice to
record prior to dismissal that effect with the Secretary of IBP who
2. Commitment to avoid situation shall immediately bring the matter to
that spur suspicion of arbitrary the attention of the SC. Forthwith, he
conditions. shall cease to be a member and his name
3. Complainant mellowed down in shall be stricken from the Roll of
pushing from his removal Attorneys.
4. Length of time separated from
service Effect of failure to pay annual
membership dues to the IBP
The failure of any attorney to
V. INTEGRATED BAR pay his annual membership dues for 6
months shall warrant suspension of his
OF THE PHILIPPINES membership in the IBP and default of
such payment for one year shall be a
ground for the removal of his name from
IBP is the national organization
the Roll of Attorneys. [Sec. 10, Rule
of lawyers created on January 16, 1973
139-A, Rules of Court].
under Rule 139-A, Rules of Court and
CASES: A lawyer may not be
constituted on May 4, 1973 into a body
disciplined either by the IBP or the Court
corporate by P.D. No. 181
for failing to pay her obligation to
As the official national
complainant, a matter in her non-
unification of the entire lawyer
professional or private capacity. [Toledo
population of the Philippines this
vs. Abalos, A. C. No. 5141, September
requires membership and financial
29, 1999]
support in reasonable amount of every
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-
Kristine Ventura
54 2005 CENTRALIZED BAR OPERATIONS