PROBLEM AREAS IN LEGAL ETHICS GUIDE problem areas in legal ethics

QUESTIONS
version of the canons of professional responsibility.
This seems to have been confirmed in Endaya vs.
Who are entitled to practice law? Oca, where it was held that: the lawyer's oath
embodies the fundamental principles that guide
every member of the legal fraternity. From it springs
Section 1. Who may practice law. Any person
the lawyer's duties and responsibilities that any
heretofore duly admitted as a member of the bar,
infringement thereof can cause his disbarment,
or hereafter admitted as such in accordance with
the provisions of this rule, and who is in good and suspension or other disciplinary actions. (Source:
regular standing, is entitled to practice law. The Lawyers Oath by Jose L. Sabio, Jr.)

Recite the Lawyers Oath May the legislature enact a law to

regulate admission to the bar?

I___________ of ___________ / do solemnly swear

/ that I will maintain allegiance to the Republic of the
No, the admission, suspension, disbarment and
Philippines, / I will support the Constitution / and obey
reinstatement of attorney at law in the practice of
the laws / as well as the legal orders of the duly
the profession and the supervision have been
constituted authorities therein; / I will do no falsehood,
indisputably a judicial function and responsibility
and remains vested with the Supreme Court. The
/ nor consent to the doing of any in court;
Constitution has not conferred on Congress
/ I will not wittingly or willingly promote or sue / any
equal responsibility which the Constitution
groundless, false or unlawful suit, / or give aid nor
recognizes as to be continuously residing in the
consent to the same; / I will delay no man for
Supreme Court. (Ibid)
money or malice, / and will conduct myself as a
lawyer according to the best of my knowledge and Can the legislature enact laws to regulate the
discretion, / with all good fidelity as well to the practice of the law?
courts as to my clients; and I impose upon myself
these voluntary obligations without any mental No. It is noteworthy that unlike the 1935 and
reservation or purpose of evasion. So help me God. 1973 Constitution, the 1987 Constitution no
longer provides for the power of the legislature to
repeal, alter and supplement the Rules
promulgated by the Supreme Court. However,
What is the significance of the Lawyers
Oath? the legislature, in the exercise of police power
may enact laws regulating the practice of law to
protect the public and promote public welfare.
In the case of Sebastian vs. Calis the Supreme
Court held that: A lawyer's oath are not mere facile Note: The legislature may not pass a law that will
words, drift and hollow, but a sacred trust that must control the SC in the performance of its functions to
be upheld and kept inviolable In a sense, the decide who may enjoy the privilege of practicing
oath embodies the ideals by which a lawyer lives by law and any law of that kind is unconstitutional
in the practice of the legal profession. This is why being an invalid exercise of legislative power. (In
the lawyer's oath has been likened to a condensed Re: Cunanan, Resolution, Mar. 18, 1954)
 What constitutes practice if law? problem areas in legal ethics

What is the significance of the IBP

Practice of law means any activity, in or out of court, dues and occupation tax?
which requires the application of law, legal procedure,
knowledge, training, and experience. To engage in
Payment of IBP dues and privilege tax:
the practice of law is to perform those acts which are
characteristics of the profession. Generally, to a) Membership by every attorney in the
practice law is to give notice or render any kind of IBP is compulsory.
service, which device or service requires the use in b) Obligation to support it financially.
any degree of legal knowledge or skill.
(Cayetano v. Monsod, G.R. No. 100113, Sept.
May a lawyer employ people to act as
3, 1991)
tipsters who will provide information
about potentially lucrative cases?

May a lawyer who has been disbarred

appear as counsel for himself in a civil No. The practice of law is a profession and not
case where he is the defendant? a business as it is an essential part in the
administration of justice, a profession in pursuit
of which pecuniary reward is considered
A disbarred lawyer has no more authority to appear
merely incidental; it is a pursuit of learned art in
in Court as a lawyer. A lawyer who was previously
the interest of public service
disbarred but continued to represent himself as a
lawyer was found guilty of indirect contempt and
fine with imprisonment in case of failure to pay
within five (5) days. (Lemoine v. Atty. Balon, Jr.,
Is the practice of law a right
or a privilege?
A.C. No. 5829, October 28, 2003)

The practice of law is not a natural property or

Who has the burden of proving that an constitutional right but a mere privilege. It is not a
applicant is qualified to practice law? right granted to anyone 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
Section 5 of Rule 138, RRC, now provides that before
franchise conferred only for merit which must be
being admitted to the examination, all applicants for
earned by hard study, learning and good conduct. It
admission to the bar shall satisfactorily show that they
is a privilege accorded only to those who measure
have successfully completed all the prescribed
up to certain rigid standards of mental and moral
courses for the degree of Bachelor of Laws or its
fitness. Those standards are neither dispensed with
equivalent degree in a law school or university
nor lowered after admission.
officially recognized by the Philippine Government or
by the proper authority in the foreign jurisdiction The attorneys continued enjoyment of the
where the degree has been granted. privilege conferred depends upon his complying
with the ethics and rules of the profession.
 Who are the public officials who problem areas in legal ethics
are absolutely prohibited from
the private practice of law? and becoming an officer of the court, subject
to its discipline, suspension or removal.
3. The relation of trust and confidence cannot arise
They are (JOPPCOMS): where the attorney is employed by a corporation
to practice for it, his employer and him owing, at
1. Judges and other officials as employees of
the Supreme Court. (Rule 148, Sec. 35, RRC) best, a secondary and divided loyalty to the
2. Officials and employees of the OSG. (Ibid.) clientele of his corporate employer.

3. Government Prosecutors. (People v. 4. The intervention of the corporation is

Villanueva, G.R. No. L-19450, May 27,1965) destructive of that confidential and trust
4. President, Vice-President, members of the relation and is obnoxious to the law.
cabinet, their deputies and assistants. (Sec.
13, Art VII, 1987 Constitution)
What are the duties and obligation
5. Members of the Constitutional Commission. of the lawyer to the court, his
(Sec. 2, Art IX-A, 1987 Constitution) clients, fellow lawyers, and the
nd
6. Ombudsman and his deputies. (Sec. 8 [2 public? Which comes first, the duty
par], Art. IX, 1987 Constitution) to the client or to the court?
7. All governors, city and municipal mayors.
(R.A. No. 7160, Sec. 90)
The four-fold duties of a lawyer are:
8. Those prohibited by special law. (1990 Bar
Question) 1. Public/Society He must not undertake any
action which violates his responsibility to the
society as a whole, he must be an example in the
May a corporation practice law? community for his uprightness as a member of the
How about a partnership?
society. The lawyer must be ready to render legal
aid, foster legal reforms, be guardian of due
No, a corporation may not practice law. It is process, and aware of his special role in the
well-settled rule that a corporation cannot solution of special problems and be always ready
engage in the practice of law. It may, however, to lend assistance in the study and solution of
hire an attorney to attend to and conduct its social problems. (Canon 1-6, CPR)
own legal business or affairs. 2. Bar/Legal Profession Observe candor, fairness,
courtesy and truthfulness in his conduct towards
But it cannot practice law directly or indirectly
other lawyers, avoid encroachment in the
by employing a lawyer to practice for it or to
business of other lawyers and uphold the honor of
appear for others for its benefit because of the
the profession. (Canon 7-9, CPR)
following reasons:
3. Courts A lawyer must maintain towards
1. Nature of the privilege and on the confidential the court a respectful attitude, defend
and trust relation between attorney and client. against unjust criticisms, uphold the courts
2. A corporation cannot perform the conditions authority and dignity, obey court orders and
required for membership in the Bar, such as the processes, assists in the administration of
possession of good moral character and other justice. (Canon 10-13, CPR)
special disqualifications, the taking of an oath 4. Clients The lawyer owes entire devotion to
the interest of his client, warm and zeal in the
maintenance of the defense of his rights and
 exertion of utmost learning ability to the end problem areas in legal ethics
that nothing be taken or withheld from his client
except in accordance with law. He owes a duty Note: Contingent fee contracts are subject to the
of competent and zealous representation to the
supervision and close scrutiny of the court in
client, and should preserve his clients secrets, order that clients may be protected from unjust
preserve his funds and property and avoid
charges. The amount of contingent fees agreed
conflicts of interest. (Canon 14-22, CPR)
upon by the parties is subject to the stipulation
that counsel will be paid for his legal services
The first and most important duty of the lawyer is only if the suit or litigation prospers. A much
his duty to the court. The reason is that the attorney higher compensation is allowed as contingent
is an officer of the court. He is an officer of the court fees because of the risk that the lawyer may get
in the sense that his main mission is to assist the nothing if the suit fails. (Evangelina Masmud v.
court in the administering of justice. His public NLRC, et. al., G.R. No. 183385, Feb. 13, 2009)
duties take precedence over his private duties.
CONTINGENT CHAMPERTOUS
CONTRACT CONTRACT
Payable in cash Payable in kind only
What is a champertous contract?
Lawyers do not Lawyers undertake to
undertake to pay all pay all expenses of
A champertous contract is one where the lawyer expenses of litigation. litigation.
stipulates with his client in the prosecution of the Valid Void
case that he will bear all the expenses for the
recovery of things or property being claimed by What fee arrangement may a lawyer
the client, and the latter agrees to pay the former agree with a client? Explain each.
a portion of the thing or property recovered as
compensation. A champertous contract is void for
being against public policy. (Like gambling) The client may stipulate with his counsel to pay
(1999, 2000, 2006 Bar Questions) him either:

Note: A champertous contract which is a) A fixed or absolute fee which is payable

regardless of the result of the case ;
considered void due to public policy, because it
b) A contingent fee that is conditioned to the
would make him acquire a stake in the outcome
of the litigation which might lead him to place his securing of a favorable judgment and recovery
own interest above that of the client (Bautista v. of money or property and the amount which
Gonzales, A.M. No. 1625, Feb. 12, 1990). may be in a percentage basis;
c) A fixed fee payable by appearance;
d) A fixed fee computed on the number of
What is a contingent fee contract? hours spent;
e) A fixed fee based on a piece of work.

A contingent fee contract is where the lawyer is The lawyer and client may enter into a
paid for his services depending on the success combination of the above arrangement or an
of the case. This applies usually in civil suits for entirely different agreement not contrary to law,
money or property where the lawyers fee is public morals or public policy.
taken from the award granted by the court.
 problem areas in legal ethics
In the absence of any fee non-lawyers are not amenable to disciplinary
arrangement, what fee arrangement measures. (Hariman v Straham)
would govern?

Quantum meruit will govern. Quantum meruit Explain the concept of a retaining
lien and a charging lien.
means as much as he deserved. The recovery of
attorneys fees on the basis of quantum meruit is
permitted when there is no express agreement for
the payment of attorneys fees, and is basically a A retaining lien is a passive lien and may not be
legal mechanism which prevents an unscrupulous actively enforced. It amounts to a mere right to
client from running away with the fruits of legal retain papers as against the client until the lawyer is
services of counsel without paying for it, while fully paid. (5 Am Jur.392) Under the Rules of Court,
avoiding unjust enrichment on the part of the lawyer it is a lien upon funds, documents and papers of his
himself. (Pineda v De Jesus 499 SCRA 608) client which have lawfully come into his possession
and may retain the same until his lawful fees and
disbursements have been paid and may apply such
May a lawyer share his fees with a
funds to the satisfaction thereof.
non-lawyer? Are there exceptions? A charging lien is the equitable right of the attorney
Explain. to have the fees due him for services in a particular
suit. The object of this lien is to protect the claim on
No. Under Rule 9.02 of CPR, a lawyer shall not the fruits of the lawyers labor. (Myers v Miller)
divide or stipulate to divide a fee for legal Under the Rules of Court, It is a lien upon all
services with person not licensed to practice law. judgments for the payment of money and
execution issued in pursuance of such judgment
However, there are exceptions. The following which he has secured in a litigation for his client.
are provided in Rule 9.02:
To enforce a charging lien, it is necessary that
a) Where there is a pre-existing agreement the lawyer shall have caused a statement of such
with a partner or associate that, upon the lien to be entered upon the records of the court
latters death, money shall be paid over a which rendered favorable judgment with written
reasonable period of time to his estate or notice to the client and to the adverse party.
to persons specified in the agreement;
b) Where a lawyer undertakes to complete
unfinished legal business of a deceases What is barratry? Is it permitted
lawyer; in this jurisdiction?
c) Where a lawyers or law firm includes non-
lawyer employees in a retirement plan, Barratry is the offense of frequently exciting and
even if the plan is based in whole or in stirring-up quarrels and suits, either at law or
part on a profit sharing arrangement. otherwise. It is the lawyers act of formenting suits
If attorneys fees were allowed to non-lawyers, it among individuals and offering his legal services to
would leave the public in hopeless confusion as to one of them for monetary motives or purposes.
whom to consult in case of need and also to leave
the bar in chaotic condition, aside from the fact that
It is prohibited in this jurisdiction. A lawyer should not problem areas in legal ethics
allow himself to become an instigator of controversy
The punishment for the first is generally summary
and a predator of conflict instead of a mediator for
and immediate, and no process or evidence is
concord and conciliator for compromise a virtuoso of
necessary because the act is committed in facie
technicality in the conduct of litigation instead a true
curiae. The inherent power of courts to punish
exponent of the primacy of truth and moral justice. A
contempt of court committed in the presence of the
lawyer must resist the whims and caprices of his
courts without further proof of facts and without aid
client and temper with his clients propensity to
of a trial is not open to question, considering that
litigate. (Castaneda v Ago 65
this power is essential to preserve their authority
SCRA 512)
and to prevent the administration of justice from
falling into disrepute; such summary conviction and
punishment accord with due process of law.
What is meant by sub judice?

Sub judice, Latin for "under judgment", means What is forum shopping?
that a particular case or matter is under trial or
being considered by a judge or court. The term
may be used synonymously with "the present There is forum shopping when as a result of an
case" or "the case at bar" by some lawyers. adverse opinion in one forum, a party seeks a
favorable opinion (other than appeal or
Sub judice rule restricts comments and disclosures certiorari) in another or when he institutes two
pertaining to pending judicial proceedings. The or more actions or proceedings grounded on
restriction applies not only to participants in the the same cause, on the gamble that one or the
pending case, i.e., to members of the bar and other court would make a favorable decision.
bench, and to litigants and witnesses, but also to
Note: Please refer to Rule 71 of the ROC. (Annex A)
the public in general, which necessarily includes
the media. The principal purpose of the sub judice
rule is to preserve the impartiality of the judicial
system by protecting it from undue influence. When may a lawyer criticize a
courts decision?
Generally, criticism of a courts rulings or decisions
is not improper, and may not be restricted after a
What is direct contempt?
case has been finally disposed of and has ceased
Indirect Contempt? How are
to be pending. So long as critics confine their
they instituted and on what
grounds may a person be held criticisms to facts and base them on the decisions
in direct and indirect contempt? of the court, they commit no contempt no matter
how severe the criticism may be; but when they
pass beyond that line and charge that judicial
Direct Contempt is a willful disregard or conduct was influenced by improper, corrupt, or
disobedience of a public authority committed in the selfish motives, or that such conduct was affected
presence of or so near the judge as to obstruct him by political prejudice or interest, the tendency is to
in the administration of justice. While Indirect create distrust and destroy the confidence of the
Contempt is the willful disregard or disobedience of people in their courts. (Cagas v. Comelec 2013)
the lawful process or order of the court.
 When may a lawyer criticize a problem areas in legal ethics
courts decision?
will represent the State when
an accused is being tried
While criminal actions, as a rule, are prosecuted before the RTC?
under the direction and control of the public
prosecutor, however, an offended party may
The authority to represent the State in appeals of
intervene in the proceeding, personally or by
criminal cases before the Supreme Court and the CA
attorney, especially in cases of offenses which
is solely vested in the Office of the Solicitor General
cannot be prosecuted except at the instance of the
(OSG). Administrative Code explicitly provides that
offended party. The only exception to this rule is
the OSG shall represent the Government of the
when the offended party waives his right to [file the]
Philippines, its agencies and instrumentalities and its
civil action or expressly reserves his right to
officials and agents in any litigation, proceeding,
institute it after the termination of the case, in which
investigation or matter requiring the services of
case he loses his right to intervene upon the theory
lawyers. It shall have specific powers and functions to
that he is deemed to have lost his interest in its
represent the Government and its officers in the
prosecution. (Lee v. Lee G.R. No. 181658)
Supreme Court and the CA, and all other courts or
tribunals in all civil actions and special proceedings in
which the Government or any officer thereof in his
What is the duty of a prosecutor?
official capacity is a party.
May a prosecutor suppress because
the evidence would establish the Under Sec 5 of Prosecution Service Act of 2010,
innocence of the accused? The Prosecution Staff, which shall be under the
control and supervision of the Secretary of
Under Rule 6.01, the primary duty of a lawyer Justice, shall act as counsel for the People of the
engaged in public prosecution is not to convict Philippines in any case involving or arising from a
but to see that justice is done. He should see to it criminal complaint investigated by any of its
that the accused is given a fair and impartial trial prosecutors and pending before any trial court.
and not deprived of any of his statutory or
constitutional rights. (State v Platon)
What is the significance of
No, a prosecutor cannot suppress evidence. Under compliance with the Mandatory
Rule 6.01, the suppression of facts or the Continuing Legal Education?
concealment of witnesses capable of establishing
the innocence of the accused is highly
Continuing legal education is required of members
reprehensible and is a cause of disciplinary action.
of the Integrated Bar of the Philippines (IBP) to
ensure that throughout their career, they keep
abreast with law and jurisprudence, maintain the
Read the Rules on Notarial Practice
ethics of the profession and enhance the standards
of the practice of law. (B.M. 850)
When an accused appeals his
conviction in the Court of Appeals,
who will represent the State? Who When is advertising by a lawyer
permitted? Prohibited?
 problem areas in legal ethics
When permitted: What is the best advertisement
for a lawyer?
Lawyers are only allowed to announce their
services by publication in reputable law lists or
use of simple professional cards. A lawyers best advertisement is a well-merited
reputation for professional capacity and fidelity
Professional calling cards may only contain the
to trust based on his character and conduct.
following details:
(Linsangan v. Tolentino, A.C. No. 6672)
a) lawyers name;
b) name of the law firm with which he is
connected; What is meant by a counsel
c) address; de officio? When may a lawyer
d) telephone number; and refuse his appointment as
e) special branch of law practiced. counsel de officio? Explain

Counsel de Oficio a counsel, appointed or assigned

When prohibited: by the court, from among members of the Bar in good
Canon 3 of the CPR, which lays down the standing who, by reason of their experience and
guidelines governing advertising by lawyers ability, may adequately defend the accused.
and law firms, states:
Note: In localities where members of the Bar
Canon 3 A lawyer in the making known his legal are not available, the court may appoint any
services shall use only true, honest, fair, dignified person, resident of the province and good
and objective information or statements of fact. repute for probity and ability, to defend the
accused. Sec. 7, Rule 116, Rules of Court.
Rule 3.01 A lawyer shall not use or permit the use
of any false, fraudulent, misleading, deceptive,
undignified, self-laudatory or unfair statement or When can a client dismiss a lawyer?
claim regarding his qualifications or legal services. Hire a collaborating counsel? Explain.

Rule 3.04 A lawyer shall not pay or give

anything of value to representatives of the When can a client dismiss a lawyer?
mass media in anticipation of or in return for
publicity to attract business. Section 32 of the Code of civil procedure, declares
that a client may at any time dismiss his lawyer or
This rule proscribes ambulance chasing (the substitute another in his place. This means that the
solicitation of almost any kind of legal business by client can dismiss his lawyer at any time with or
an attorney, personally or through an agent in order without cause; and every lawyer who assumes to
to gain employment) as a measure to protect the render service in a professional capacity in any
community from barratry and champerty. particular case does so in full knowledge of the fact
that his services may be dispensed with at any time. It
follows that the dismissal of an attorney by a client
cannot be treated as the basis of legal liability, so far
as concerns the mere act of dismissal. In such a case
any idea of breach of contract on the part of the
client is wholly out of the question. Any loss problem areas in legal ethics
occasioned by such act is damnum absque
injuria. (Cristobal v. Ocson, G.R. No. L-19205 e) When the client deliberately fails to pay
February 13, 1923) the fees for the services or fails to
comply with the retainer agreement;
When can a client hire a collaborating counsel? f) When the lawyer is elected or appointed
to public office; and
CANON 18 A LAWYER SHALL SERVE HIS
g) Other similar cases."
CLIENT WITH COMPETENCE AND DILIGENCE
A lawyer may retire at any time from any action or
Rule 18.01 - A lawyer shall not undertake a legal
special proceeding with the written consent of his
service which he knows or should know that he is
client filed in court and copy thereof served upon
not qualified to render. However, he may render
the adverse party. Should the client refuse to give
such service if, with the consent of his client, he
his consent, the lawyer must file an application with
can obtain as collaborating counsel a lawyer who
the court. The court, on notice to the client and
is competent on the matter.
adverse party, shall determine whether he ought to
be allowed to retire. The application for withdrawal
must be based on a good cause. (Orcino vs
When can a lawyer withdraw
Gaspar: AC 3773 : September 24, 1997)
from a case? Does it need the
consent of the client? Explain. Supposing you are a lawyer and ABC
corp. and XYZ corp. are your retainer
clients. ABC wants to sue XYZ to
Rule 22.01 of Canon 22 of the Code of
collect an indebtedness which was
Professional Responsibility provides:
long overdue. ABC wants you to
CANON 22 -- A LAWYER SHALL WITHDRAW HIS represent it. What should you do?
SERVICES ONLY FOR GOOD CAUSE AND UPON
NOTICE APPROPRIATE IN THE CIRCUMSTANCES.
Rule 15.01. - A lawyer, in conferring with a
Rule 22.01-- A lawyer may withdraw his prospective client, shall ascertain as soon as
services in any of the following cases: practicable whether the matter would involve a
conflict with another client or his own interest, and if
a) When the client pursues an illegal or so, shall forthwith inform the prospective client.
immoral course of conduct in connection
with the matter he is handling; Rule 15.03. - A lawyer shall not represent
b) When the client insists that the lawyer conflicting interests except by written consent of all
pursue conduct violative of these concerned given after a full disclosure of the facts.
canons and rules; What should you do?
c) When his inability to work with co-
counsel will not promote the best Act as mediator conciliator or arbitrator
interest of the client;
Rule 15.04. - A lawyer may, with the written
d) When the mental or physical condition consent of all concerned, act as mediator,
of the lawyer renders it difficult for him to conciliator or arbitrator in settling disputes.
carry out the employment effectively;
 When is an attorney-client problem areas in legal ethics
relationship established? Describe
the character of such a relationship. A fiduciary relationship is a relationship in which
one party places special trust, confidence, and
reliance in and is influenced by another who has
A lawyer-client relationship was established from a fiduciary duty to act for the benefit of the party
the very first moment complainant asked (http://research.lawyers.com/glossary/fiduciary-
respondent for legal advice regarding the former's relationship.html)
business. To constitute professional employment, it
is not essential that the client employed the
attorney professionally on any previous occasion. When is the inhibition of a judge in a
case mandatory? Discretionary?
It is not necessary that any retainer be paid,
promised, or charged; neither is it material that
the attorney consulted did not afterward handle When mandatory:
the case for which his service had been sought.
The rule on inhibition and disqualification of
If a person, in respect to business affairs or judges is laid down in Section 1, Rule 137 of
troubles of any kind, consults a lawyer with a the Rules of Court:
view to obtaining professional advice or
assistance, and the attorney voluntarily permits Section 1. Disqualification of judges.No judge or
or acquiesces with the consultation, then the judicial officer shall sit in any case in which he, or
professional employments is established. his wife or child, is pecuniarily interested as heir,
legatee, creditor or otherwise, or in which he is
Likewise, a lawyer-client relationship exists related to either party within the sixth degree of
notwithstanding the close personal relationship consanguinity or affinity, or to counsel within the
between the lawyer and the complainant or the non- fourth degree, computed according to the rules of
payment of the former's fees. (Burbe v. Magulta) the civil law, or in which he has been executor,
administrator, guardian, trustee or counsel, or in
Dean Wigmore lists the essential factors to
which he has presided in any inferior court when
establish the existence of the attorney-client
privilege communication, viz: his ruling or decision is the subject of review,
without the written consent of all parties in interest,
(1) Where legal advice of any kind is sought (2) signed by them and entered upon the record.
from a professional legal adviser in his capacity
as such, (3) the communications relating to that
When discretionary:
purpose, (4) made in confidence (5) by the client, The rule on inhibition and disqualification of
(6) are at his instance permanently protected (7) judges is laid down in Section 1, Rule 137 of
from disclosure by himself or by the legal advisor, the Rules of Court:
(8) except the protection be waived.
Section 1 (2nd par). A judge may, in the
exercise of his sound discretion, disqualify
himself from sitting in a case, for just or valid
What is meant by the term
fiduciary relationship? reasons other than those mentioned above.

Impute any act of bias or impartiality on the

part of the judge.
What can reasonably be gleaned from jurisprudence problem areas in legal ethics
on this point of law is the necessity of proving bias
parties and lawyers independently of the judge's
and partiality under the second paragraph of the rule
participation, all agree in writing that the reason for
in question. The proof required needs to point to
the inhibition is immaterial or insubstantial, the
some act or conduct on the part of the judge being
judge may then participate in the proceeding. The
sought for inhibition. In the instant Motions, there is
agreement, signed by all parties and lawyers, shall
not even a single act or conduct attributed to Justice
be incorporated in the record of the proceeding.
Hernandez from where a suspicion of bias or partiality
can be derived or appreciated. In fact, it is oddly Rule 3.12 DISQUALIFICATIONS
striking that the accused does not even make a claim
or imputation of bias or partiality on the part of Justice RULE 3.12. A judge should take no part in a
Hernandez. Understandably, he simply cannot make proceeding where the Judge's impartiality
such allegation all because there is none to be told. If
might reasonably be questioned. These cases
include, among others, proceedings where:
allegations or perceptions of bias from the tenor and
language of a judge is considered by the Supreme a) the judge has personal knowledge of disputed
Court as insufficient to show prejudgment, how much evidentiary facts concerning the proceeding;
more insufficient it becomes if there is absent any
allegation of bias or partiality to begin with. (Ramiscal b) the Judge served as executor, administrator,
v. Hernandez, G.R. Nos. 173057-74) guardian, trustee or lawyer in the case or matters
in controversy, or a former associate of the judge
served as counsel during their association, or the
Mere imputation of bias or partiality is not enough judge or lawyer was a material witness therein;
ground for inhibition, especially when the charge
is without basis. Extrinsic evidence must further c) the judge's ruling in a lower court is the
subject of review;
be presented to establish bias, bad faith, malice,
or corrupt purpose, in addition to palpable error d) the judge is related by consanguinity or
which may be inferred from the decision or order affinity to a party litigant within the sixth degree
itself. This Court has to be shown acts or conduct or to counsel within the fourth degree;
of the judge clearly indicative of arbitrariness or
prejudice before the latter can be branded the e) the judge knows that the judge's spouse or child
stigma of being biased or partial. (Philippine has a financial interest, as heir, legatee, creditor,
Commercial International Bank v. Dy Hong Pi) 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 proceeding.
Explain the term remittal
of disqualification. In every instance the judge shall indicate the
legal reason for inhibition.
CODE OF JUDICIAL CONDUCT

RULE 3.13. A judge disqualified by the terms of Is it ethical for a lawyer to

rule 3.12 may, instead of withdrawing from the interview his witness before
proceeding, disclose on the record the basis of presenting him in court?
disqualification. If, based on such disclosure, the
 Is the mere relation of attorney and problem areas in legal ethics
client raise the presumption of
confidentiality? When The disclosure of such identity will provide for
communication by client and the only link in order to convict the accused,
attorney is considered confidential? otherwise, the government has no case.

What are the exception to the

The moment complainant approached the then rule that negligence of counsel
receptive respondent to seek legal advice, a binds his client?
veritable lawyer-client relationship evolved between
the two. Such relationship imposes upon the lawyer The general rule is that a client is bound by the
certain restrictions circumscribed by the ethics of counsels acts, including even mistakes in the
the profession. Among the burdens of the realm of procedural technique. The rationale for the
relationship is that which enjoins the lawyer, rule is that a counsel, once retained, holds the
respondent in this instance, to keep inviolate implied authority to do all acts necessary or, at
confidential information acquired or revealed during least, incidental to the prosecution and
legal consultations. The fact that one is, at the end management of the suit in behalf of his client, such
of the day, not inclined to handle the clients case is that any act or omission by counsel within the
hardly of consequence. Of little moment, too, is the scope of the authority is regarded, in the eyes of
fact that no formal professional engagement follows the law, as the act or omission of the client himself.
the consultation. Nor will it make any difference that
no contract whatsoever was executed by the
parties to memorialize the relationship. As we said Exception. A recognized exception to the rule is when
in Burbe v. Magulta, 432 Phil. 840 (2002); the reckless or gross negligence of the counsel
deprives the client of due process of law. For the
exception to apply, however, the gross negligence
When can the lawyer reveal a clients should not be accompanied by the clients own
confidential communication? negligence or malice, considering that the client has
the duty to be vigilant in respect of his interests by
1. With consent from client. keeping himself up-to-date on the status of the case.
2. General Rule: A lawyer may not invoke Failing in this duty, the client should suffer whatever
privilege communication to refuse revealing a adverse judgment is rendered against
clients identity. (Regala vs. Sandiganbayan, him.( BEJARASCO, JR., v. PEOPLE OF
262 SCRA 122, September 20, 1996) THE PHILIPPINES, G.R. No. 159781)

Exceptions:

When by divulging such identity, it would

implicate the client to that same controversy for
which the lawyers services were required.
It would open client to civil liability.
 APPENDIX A problem areas in legal ethics

(a) Misbehavior of an officer of a court in

RULE 71 the performance of his official duties or in his
Contempt official transactions;

(b) Disobedience of or resistance to a lawful writ,

Section 1. Direct contempt punished summarily. process, order, or judgment of a court, including the
A person guilty of misbehavior in the presence of act of a person who, after being dispossessed or
or so near a court as to obstruct or interrupt the ejected from any real property by the judgment or
proceedings before the same, including disrespect process of any court of competent jurisdiction, enters
toward the court, offensive personalities toward or attempts or induces another to enter into or upon
others, or refusal to be sworn or to answer as a such real property, for the purpose of executing acts
witness, or to subscribe an affidavit or deposition of ownership or possession, or in any manner disturbs
when lawfully required to do so, may be summarily the possession given to the person adjudged to be
adjudged in contempt by such court and punished by entitled thereto;
a fine not exceeding two thousand pesos or
imprisonment not exceeding ten (10) days, or both, if (c) Any abuse of or any unlawful
it be a Regional Trial Court or a court of equivalent or interference with the processes or proceedings
higher rank, or by a fine not exceeding two hundred of a court not constituting direct contempt
pesos or imprisonment not exceeding one under section 1 of this Rule;
(1) day, or both, if it be a lower court. (1a) (d) Any improper conduct tending, directly
Section 2. Remedy therefrom. The person or indirectly, to impede, obstruct, or degrade
the administration of justice;
adjudged in direct contempt by any court may not
appeal therefrom, but may avail himself of the (e) Assuming to be an attorney or an officer
remedies of certiorari or prohibition. The of a court, and acting as such without authority;
execution of the judgment shall be suspended
pending resolution of such petition, provided (f) Failure to obey a subpoena duly served;
such person files a bond fixed by the court which (g) The rescue, or attempted rescue, of a
rendered the judgment and conditioned that he person or property in the custody of an officer by
will abide by and perform the judgment should virtue of an order or process of a court held by him.
the petition be decided against him. (2a)
But nothing in this section shall be so construed
Section 3. Indirect contempt to be punished as to prevent the court from issuing process to
after charge and hearing. After a charge in bring the respondent into court, or from holding
writing has been filed, and an opportunity given him in custody pending such proceedings. (3a)
to the respondent to comment thereon within
such period as may be fixed by the court and Section 4. How proceedings commenced.
to be heard by himself or counsel, a person Proceedings for indirect contempt may be initiated
guilty of any of the following acts may be motu propio by the court against which the
punished for indirect contempt; contempt was committed by an order or any other
formal charge requiring the respondent to show
cause why he should not be punished for contempt.
In all other cases, charges for indirect contempt shall problem areas in legal ethics
be commenced by a verified petition with supporting
committed against a lower court, he may be
particulars and certified true copies of documents or
punished by a fine not exceeding five thousand
papers involved therein, and upon full compliance
pesos or imprisonment not exceeding one (1)
with the requirements for filing initiatory pleadings for
month, or both. If the contempt consists in the
civil actions in the court concerned. If the contempt
violation of a writ of injunction, temporary
charges arose out of or are related to a principal
restraining order or status quo order, he may also
action pending in the court, the petition for contempt
be ordered to make complete restitution to the party
shall allege that fact but said petition shall be
injured by such violation of the property involved or
docketed, heard and decided separately, unless the
such amount as may be alleged and proved.
court in its discretion orders the consolidation of the
contempt charge and the principal action for joint The writ of execution, as in ordinary civil
hearing and decision. (n) actions, shall issue for the enforcement of a
judgment imposing a fine unless the court
Section 5. Where charge to be filed. Where the
otherwise provides. (6a)
charge for indirect contempt has been committed
against a Regional Trial Court or a court of Section 8. Imprisonment until order obeyed.
equivalent or higher rank, or against an officer When the contempt consists in the refusal or
appointed by it, the charge may be filed with such omission to do an act which is yet in the power
court. Where such contempt has been committed of the respondent to perform, he may be
against a lower court, the charge may be filed with imprisoned by order of the court concerned
the Regional Trial Court of the place in which the until he performs it. (7a)
lower court is sitting; but the proceedings may also
be instituted in such lower court subject to appeal Section 9. Proceeding when party released on bail
to the Regional Trial Court of such place in the fails to answer. When a respondent released on
same manner as provided in section 11 of this bail fails to appear on the day fixed for the hearing,
Rule. (4a; Bar Matter No. 803, 21 July 1998) the court may issue another order of arrest or may
order the bond for his appearance to be forfeited
Section 6. Hearing; release on bail. If the hearing is and confiscated, or both; and, if the bond be
not ordered to be had forthwith, the respondent may proceeded against, the measure of damages shall
be released from custody upon filing a bond, in an be the extent of the loss or injury sustained by the
amount fixed by the court, for his appearance at the aggrieved party by reason of the misconduct for
hearing of the charge. On the day set therefor, the which the contempt charge was prosecuted, with
court shall proceed to investigate the charge and the costs of the proceedings, and such recovery
consider such comment, testimony or defense as the shall be for the benefit of the party injured. If there
respondent may make or offer. (5a) is no aggrieved party, the bond shall be liable and
disposed of as in criminal cases. (8a)
Section 7. Punishment for indirect contempt. If the
respondent is adjudged guilty of indirect contempt Section 10. Court may release respondent.
committed against a Regional Trial Court or a court of The court which issued the order imprisoning a
equivalent or higher rank, he may be punished by a person for contempt may discharge him from
fine not exceeding thirty thousand pesos or imprisonment when it appears that public interest
imprisonment not exceeding six (6) months, or both. If will not be prejudiced by his release. (9a)
he is adjudged guilty of contempt
Section 11. Review of judgment or final order;
bond for stay. The judgment or final order of a
court in a case of indirect contempt may be problem areas in legal ethics
appealed to the proper court as in criminal
cases. But execution of the judgment or final
order shall not be suspended until a bond is
filed by the person adjudged in contempt, in an
amount fixed by the court from which the
appeal is taken, conditioned that if the appeal
be decided against him he will abide by and
perform the judgment or final order. (10a)

Section 12. Contempt against quasi-judicial

entities. Unless otherwise provided by law,
this Rule shall apply to contempt committed
against persons, entities, bodies or agencies
exercising quasi-judicial functions, or shall have
suppletory effect to such rules as they may have
adopted pursuant to authority granted to them by
law to punish for contempt. The Regional Trial
Court of the place wherein the contempt has
been committed shall have jurisdiction over such
charges as may be filed therefor. (n)