Professional Documents
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Legal Ethics Reviewer San Beda
Legal Ethics Reviewer San Beda
PRELIMINARY MATTERS CASES: The Constitution [Art. VIII, Sec. 5(5)] vests this power of
control and regulation in the Supreme Court. The constitutional power
Legal Ethics branch of moral science which treats of the duties which to admit candidates to the legal profession is a judicial function and
an attorney owes to the court, to his client, to his colleagues in the involves the exercise of discretion. Petition to that end is filed with the
profession and to the public. Supreme Court as are other proceedings invoking judicial function [In re:
- It is the embodiment of all principles of morality and Almacen 31 SCRA 562]
refinement that should govern the conduct of every member of the bar. The SC acts through a Bar Examination Committee in the
exercise of its judicial function to admit candidates to the legal profession.
PRIMARY CHARACTERISTICS WHICH DISTINGUISH THE LEGAL Thus, the Committee is composed of a member of the Court who acts as
PROFESSION FROM BUSINESS Chairman and 8 members of the bar who acts as examiners in the 8 bar
1. A duty of public service subjects with one subject assigned to each. [In re Lanuevo, 66 SCRA 245]
2. A relation, as an officer of the court, to the administration of The power of the SC to regulate the practice of law includes the
justice involving thorough sincerity, integrity and reliability authority to:
3. A relation to clients with the highest degree of fiduciary 1. Define the term
4. A relation to the colleagues at the bar characterized by candor, 2. Prescribe the qualifications of a candidate to and the subjects
fairness and unwillingness to resort to current business of the bar examinations
methods of advertising and encroachment on their practice, or 3. Decide who will be admitted to practice
dealing directly with their clients. 4. Discipline, suspend or disbar any unfit and unworthy member
of the bar
PRACTICE OF LAW 5. Reinstate any disbarred or indefinitely suspended attorney
6. Ordain the integration of the Philippine Bar
CASE: Any activity in or out of court which requires the application of 7. Punish for contempt any person for unauthorized practice of
law, legal principle, practice or procedure and calls for legal knowledge, law
training and experience. (Cayetano vs Monsod, 201 SCRA 210) 8. Exercise overall supervision of the legal profession
Strictly speaking, the word practice of law implies the 9. Exercise any other power as may be necessary to elevate the
customary or habitual holding of oneself to the public as a lawyer and standards of the bar and preserve its integrity.
demanding compensation for his services. [People vs. Villanueva 14 SCRA
111] 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
ESSENTIAL CRITERIA DETERMINATIVE OF ENGAGING IN THE function to decide who may enjoy the privilege of practicing law and any
PRACTICE OF LAW: (HACA) law of that kind is unconstitutional as an invalid exercise of legislative
1. Habituality- implies customarily or habitually holding oneself power.
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 WHO MAY PRACTICE LAW?
are available to the public for compensation, as a source of his
livelihood or in consideration of his said services. Any person heretofore duly admitted as a member of the bar,
or hereafter admitted as such in accordance with the provisions of this
3. Application of law, legal principle, practice, or procedure rule, and who is in good and regular standing, is entitled to practice law.
which calls for legal knowledge, training and experience [Sec. 1, Rule 138]
4. Attorney client relationship
PRIVATE PRACTICE REQUIREMENTS BEFORE A CANDIDATE CAN ENGAGE IN THE
Private practice is more than an isolated appearance for it consists PRACTICE OF LAW
of frequent or customary actions, a succession of acts of the same kind. I. He must have been admitted to the Bar
a. Furnishing satisfactory proof of educational, moral and other
NOTE: An isolated appearance does not amount to practice of law of a qualification;
public officer if allowed by his superior in exceptional cases. b. Passing the bar
c. Taking the Lawyers Oath before the SC
NOTE: The practice of law is not a natural, property or constitutional A lawyers oath signifies that the lawyer in taking such an
right but a mere privilege. It is not a right granted to any one who oath accepts and affirms his ethical obligations in the
demands it but a privilege to be extended or withheld in the exercise of performance of his duties as a lawyer and signifies likewise his
sound judicial discretion. It is in the nature of a franchise conferred only awareness of his responsibilities that he assumes by his
for merit which must be earned by hard study, learning and good admission to the legal profession.
conduct. It is a privilege accorded only to those who measure up to d. Signing the Attorneys Roll and receiving from the Clerk of
certain rigid standards of mental and moral fitness. Those standards are Court of the SC a Certificate of the license to practice
neither dispensed with nor lowered after admission. The attorneys II. After his admission to the bar, a lawyer must remain in good and
continued enjoyment of the privilege conferred depends upon his regular standing, which is a continuing requirement for the practice of
complying with the ethics and rules of 333the profession. law. He must:
But practice of law is in the nature of a right. While the a. Remain a member of the IBP (membership therein by every
practice of law is a privilege, a lawyer cannot be prevented from attorney is made compulsory);
practicing law except for valid reasons, the practice of law not being a b. Regularly pay all IBP membership dues and other lawful
matter of states grace or favor. He holds office during good behavior and assessments, as well as the annual privilege tax;
can only be deprived of it for misconduct ascertained and declared by c. Faithfully observe the rules and ethics of the legal profession;
judgment of the Supreme Court after opportunity to be heard has been and
afforded him. The state cannot exclude an attorney from the practice of d. Be continually subject to judicial disciplinary control.
law in a manner or for reasons that contravene the due process or equal
protection clause of the Constitution.
BASIC REQUIREMENTS FOR ADMISSION TO THE BAR RIGHT OF PARTY TO REPRESENT HIMSELF
Under Section 2, 5 and 6, Rule 138, the applicant must be: Civil Cases: An individual litigant has the right to conduct his litigation
1. Citizen of the Philippines; personally.
2. At least 21 years of age; Criminal Cases: Involving grave and less grave offenses, an accused who
3. Of good moral character; is a layman must always appear by counsel; he CANNOT conduct his own
(Note: This is a continuing requirement.) defense, as his right to counsel may NOT be waived without violating his
4. Resident of the Philippines; right to due process of law.
5. Must produce before the SC satisfactory evidence of good By a Juridical Person: A juridical person must always appear in court by
moral character; a duly licensed member of the bar, except in the municipal trial court
6. No charges against him, involving moral turpitude, have been where it may be represented by its agent or officer who need not be a
filed or are pending in any court in the Phil. [Sec. 2, Rule 138]; lawyer.
7. Must have complied with the academic requirements;
8. Pass the bar examinations.
PARTNERSHIP WITH NON-LAWYERS VOID
Moral Turpitude imports an act of baseness, vileness or depravity in In the formation of partnership for the practice of law, no person
the duties which one person owes to another or to society in general should be admitted or held out as a practitioner or member who is not a
which is contrary to the usually accepted and customary rule of right and member of the legal profession duly authorized to practice, and amenable
duty which a person should follow. to professional discipline.
not only arguing a case before any such body but also filing a pleading on FOUR-FOLD DUTIES OF A LAWYER
behalf of a client as by simply filing a formal motion, plea or answer. 1. Court- respect or defend against criticisms, uphold authority and
[Ramos vs. Manalac 89 Phil 270] dignity, obey order and processes, assist in the administration of
Neither can he allow his name to appear in such pleading by justice.
itself or as part of a firm name under the signature of another qualified 2. Bar- candor, fairness, courtesy and truthfulness, avoid
lawyer because the signature of an agent amounts to signing of a non- encroachment in the business of other lawyers, uphold the honor
qualified senator or congressman, the office of an attorney being of the profession.
originally of agency, and because he will, by such act, be appearing in 3. Client- entire devotion to clients interest.
court or quasi-judicial or administrative body in violation of the 4. Public- should not violate his responsibility to society, exemplar
constitutional restriction. He cannot do indirectly what the Constitution for uprighteousness, ready to render legal aid, foster social
prohibits directly. [In re: David 93 PHIL 461] reforms, guardian of due process, aware of special role in the
solution of special problems and be always ready to lend assistance
RESTRICTIONS IN THE PRACTICE OF LAW OF THE MEMBERS OF THE in the study and solution of social problems.
SANGGUNIAN
They shall not: SPECIFIC DUTIES OF A LAWYER (SEC. 20, RULE 138) [C2A2R2E2D]
1. Appear as counsel before any court in any civil case wherein a 1. To maintain Allegiance to the Republic of the Philippines and
local government unit or any office, agency or instrumentality to support the Constitution and obey the laws of the
of the government is the adverse party; Philippines;
2. Appear as counsel in any criminal case wherein an officer or 2. To observe and maintain the Respect due to the courts of
employee of the national or local government is accused of an justice and judicial officers;
offense committed in relation to his office; 3. To Counsel and maintain the respect due to the courts of
3. Collect any fee for their appearance in administrative justice and judicial officers;
proceedings involving the local government unit of which he is 4. To Employ, for the purpose of maintaining the causes confided
an official. [Sec. 90, R.A. 7160] to him, such means only as are consistent with truth and
4. Use property and personnel of the government except when honor, and never seek to mislead the judge or any judicial
the Sanggunian member concerned is defending the interest of officer by an artifice or false statement of fact or law;
the government 5. To maintain inviolate the Confidence and at every peril to
himself, to preserve the secrets in connection with his client
RESTRICTIONS IN THE PRACTICE OF LAW OF RETIRED and to accept no compensation in connection with his clients
JUSTICE/JUDGE business except from him or with his knowledge and approval;
As a condition of the pension provided under R.A. 910, no retiring 6. To Abstain from all offensive personality and to advance no
justice or judge of a court of record or city or municipality judge during fact prejudicial to the honor and reputation of a party or
the time that he is receiving said pension shall: witness, unless required by the justice of the cause with which
Appear as counsel before any court in: he is charged;
a. Any civil case wherein the government or any subdivision or 7. Not to Encourage either the commencement or the
instrumentality thereof is the adverse party; continuance of an action or proceeding, or delay any mans
b. Any criminal case wherein an officer or an employee of the cause, from any corrupt motive or interest;
government is accused of an offense committed in relation to 8. Never to Reject, for any consideration personal to himself, the
his office. cause of the defenseless or oppressed;
2. Collect any fees for his appearance in any administrative 9. In the Defense of a person accused of crime, by all fair and
proceedings to maintain an interest adverse to the government, honorable means, regardless of his personal opinion as to the
provincial or municipal, or to any of its legally constituted officers guilt of the accused, to present every defense that the law
[Sec 1, RA 910]. permits to the end that no person may be deprived of life or
liberty, but by due process of law.
REMEDIES AGAINST UNAUTHORIZED PRACTICE (DICED)
1. Petition for Injunction DUTY OF COUNSEL DE OFICIO
2. Declaratory Relief A counsel de oficio is expected to render effective service and
3. Contempt of Court to exert his best efforts on behalf of an indigent accused. He has as high a
4. Disqualification and complaints for disbarment duty to a poor litigant as to a paying client. He should have a bigger dose
5. Criminal complaint for estafa against a person who falsely of social conscience and a little less of self-interest.
represented to be an attorney to the damage of a party
ROLE OF PRIVATE PROSECUTOR
A private prosecutor may intervene in the prosecution of a
PRIVILEGES AND DUTIES OF A LAWYER criminal action when the offended party is entitled to indemnity and has
not waived expressly, reserved or instituted the civil action for damages.
PRIVILEGES OF AN ATTORNEY: He may prosecute the accused up to the end of the trial even in the
1. To practice law during good behavior before any judicial, quasi- absence of the public prosecutor if authorized by the chief of the
judicial, or administrative tribunal. prosecution office or the Regional State Prosecutor subject to the
2. The first one to sit in judgment on every case, to set the judicial approval of the court (Sec. 5, Rule 110; Rules of Court dated May 1, 2002).
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, THE LAWYERS OATH
from liability to a third person insofar as he does not materially
depart from his character as a quasi-judicial officer. I, ____________, do solemnly swear that I will maintain allegiance
5. His statements, if relevant, pertinent or material to the subject of to the Republic of the Philippines; I will support its Constitution and obey
judicial inquiry are absolutely privileged regardless of their the laws as well as the legal orders of the duly constituted authorities
defamatory tenor and of the presence of malice. 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
OTHER PRIVILEGES: unlawful suit, nor give aid nor consent to the same; I will delay no man for
First grade civil service eligibility for any position in the classified service money or malice and will conduct myself as a lawyer according to the
in the government the duties of which require knowledge of law. best of my knowledge and discretion with all good fidelity as well to the
Second grade civil service eligibility for any other government position courts as to my clients; and I impose upon myself this voluntary
which does not prescribe proficiency in law as a qualification. obligation without any mental reservation or purpose of evasion. So help
me God.
PROHIBITIONS
NOTARY PUBLIC General Rule: A notary public shall not perform a notarial act outside
his regular place of work or business.
A person appointed by the court whose duty is to attest to the Exceptions: A notarial act may be performed at the request of the
genuineness of any deed or writing inorder to render them available as parties in the following sites located within his territorial jurisdiction:
evidence of facts stated therein and who is authorized by the statute to a. Public offices, convention halls and similar places where oaths
administer various oaths. of office may be administered;
b. Public function areas in hotels and similar places for the
signing of instruments or documents requiring notarization;
A.M. No. 02-8-13-SC: Rules on Notarial Practice of 2004 c. Hospitals and medical institutions where a party to the
(August 1, 2004) instrument or document is confined for treatment; and
d. Any place where a party to the instrument or document
QUALIFICATIONS OF A NOTARY PUBLIC requiring notarization is under detention.
1. Must be citizen of the Philippines
2. Must be over twenty-one (21) years of age A person shall not perform a notarial act if:
3. Must be a resident in the Philippines for at least one (1) year 1. the person involved as signatory to the instrument or
and maintains a regular place of work or business in the city or document-
province where the commission is to be issued a. Is not in the notarys presence at the time of the
4. Must be a member of the Philippine Bar in good standing with notarization; and
clearances from the Office of the Bar Confidant of the Supreme b. Is not personally known to the notary public or
Court and the Integrated Bar of the Philippines otherwise identified by the notary public through
5. Must not have been convicted in the first instance of any crime competent evidence of identity as defined by these
involving moral turpitude (Rule III, Section 1) Rules (Rule IV, Section 2).
2. the certificate containing an information known or
JURISDICTION AND TERM believed to be false; and
A notary public may perform notarial acts in any place within 3. he shall not affix an official signature or seal on a notarial
the territorial jurisdiction of the commissioning court for a period of certificate that is incomplete (Rule IV, Section 5).
two (2) years commencing on the 1st day of January of the year in
which the commissioning is made UNLESS earlier revoked or the DISQUALIFICATIONS
notary public has resigned according to these Rules and the Rules of A notary public is disqualified from performing a notarial if he:
Court (Rule III, Section 11). 1) Is a party to the instrument or document;
2) Will receive, as a direct or indirect result any commission, fee,
POWERS AND LIMITATIONS OF NOTARIES PUBLIC advantage, right, title, interest, cash, property, or other
POWERS consideration, except as provided that is to be notarized;
A notary public is empowered to do the following acts: (JAOSAC) 3) Is a spouse, common-law partner, ancestor, descendant, or
1. Acknowledgments; relative by affinity or consanguinity of the principal within the
2. Oaths and affirmations; fourth civil degree (Rule IV, Section 3).
3. Jurats;
4. Signature witnessings; When notary public may refuse to notarize even if appropriate fee is
5. Copy certifications; and tendered:
6. Any other act authorized by these Rules. 1) When the notary knows or has good reason to believe that the
A notary public is authorized to certify the affixing of a signature by notarial act or transaction is unlawful or immoral.
thumb or other mark on an instrument or document presented for 2) When the signatory shows a demeanor which engenders in the
notarization if: mind of the notary public reasonable doubt as to the formers
1. The thumb or other mark is affixed in the presence of the knowledge of the consequences of the transaction requiring a
notary public and of two (2) disinterested and unaffected notarial act.
witnesses to the instrument or document; 3) If in the notarys judgment, the signatory is not acting in
2. Both witnesses sign their own names in addition to the his/her own free will (Rule IV, Section 4).
thumb or other mark; 4) If the document or instrument to be notarized is considered as
3. The notary public writes below the thumb or other mark: an improper document by these Rules.
Thumb or Other Mark affixed by (name of signatory by
mark) in the presence of (names and addresses of NOTE: A blank or incomplete instrument or document OR an instrument
witnesses) and undersigned notary public, and or document without appropriate notarial certification is considered an
4. The notary public notarizes the signature by thumb or Improper Instrument/Document (Rule IV, Section 6).
other mark through an acknowledgment, jurat or
signature witnessing. NOTARIAL CERTIFICATES
A notary public is authorized to sign on behalf of a person who is Contents of the Concluding part of the Notarial Certificate:
physically unable to sign or make a mark on an instrument or 1) The name of the notary public as exactly indicated in the
document if: commission;
1. The notary public is directed by the person unable to sign 2) The serial number of the commission of the notary public;
or make a mark to sign on his behalf; 3) The words Notary Public and the province or city where the
2. The signature of the notary public is affixed in the notary public is commissioned, the expiration date of the
presence of two (2) disinterested and unaffected commission and the office address of the notary public; and
witnesses to the instrument or document; 4) The Roll of Attorneys number, the Professional Tax Receipt
3. Both witnesses sign their own names; number and the place and date of issuance thereof and the IBP
4. The notary public writes below his signature: Signature Membership number (Rule VIII, Section 2).
affixed by notary in the presence of (names and addresses
of person and two (2) witnesses), and REVOCATION OF COMMISSION
5. The notary public notarizes his signature by The Executive Judge shall revoke a commission for any ground on
acknowledgment or jurat (Rule IV, Section 1). 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;
5
3) Fails to send the copy of the entries to the Executive Judge In a criminal action, if the defendant appears without an
within the first ten (10) days of the month following; attorney, he must be informed by the court that it is his right to
4) Fails to affix to acknowledgments the date of expiration of his have an attorney before being arraigned and must be asked if he
commission; desires the aid of an attorney. If he desires and is unable to employ
5) Fails to submit his notarial register, when filled, to the an attorney, the court must assign a counsel de oficio to defend
Executive Judge; him. He is also designated as counsel of indigent litigants. The
6) Fails to make his report, within a reasonable time, to the appointment of a counsel de oficio in that instance is a matter of
Executive Judge concerning the performance of his duties, as right on the part of the defendant.
may be required by the Judge; On appeal in a criminal case, the appellate court must also
7) Fails to require the presence of the principal at the time of the appoint a counsel de oficio if, as shown by the certificate of the
notarial act; clerk of court of the trial court, a defendant (a) is confined in
8) Fails to identify a principal on the basis of personal knowledge prison, (b) without means to employ an attorney, (c) desires to be
or competent evidence; defended de oficio.
9) Executes a false or incomplete certificate under Section 5, Rule
IV; House Counsel one who acts as attorney for business though carried as
10) Knowingly performs or fails to perform any other act an employee of that business and not as an independent lawyer.
prohibited or mandated by these Rules; and
11) Commits any other dereliction or act which in the judgment of Lawyer this is the general term for a person trained in the law and
the Executive Judge constitutes good cause for the revocation authorized to advice and represent others in legal matters
of the commission or imposition of administrative sanction
(Rule XI, Section 1). 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.
TERMS TO REMEMBER Trial Lawyer one who personally handles cases in court,
administrative agencies of boards which means engaging in actual
Amicus Curiae- is an experienced and impartial attorney invited by the trial work, either for the prosecution or for the defense of cases of
court to appear and help in the disposition of the issues submitted clients.
to it. It implies friendly intervention of counsel to call the attention II .THE CANONS OF PROFESSIONAL RESPONSIBILITY
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 Chapter I: The Lawyer and Society
amicus curiae appears in court not to represent any particular CANON -
party but only to assist the court. 1. Uphold the Constitution and obey the laws of the land
2. Make legal services available in an efficient and
Amicus Curiae par excellence bar associations who appear in court as convenient manner
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.
3. Use of true, honest, fair, dignified and objective
information in making known legal services
Attorney ad hoc- a person named appointed by the court to defend an 4. Participate in the improvement of the legal system
absentee defendant in the suit in which the appointment is made. 5. Keep abreast of legal development and participate in
continuing legal education program and assist in
Attorneys-At-Law that class of persons who are licensed officers of the disseminating information regarding the law and
courts empowered to appear, prosecute and defend, and upon jurisprudence
whom peculiar duties, responsibilities and liabilities are developed 6. Applicability of the CPR to lawyers in the government
by law as a consequence. service
Attorney in fact- simply an agent whose authority is strictly limited by Chapter II: The Lawyer and the Legal Profession
the instrument appointing him. His authority is provided in a CANON -
special power of attorney or general power of attorney or letter of 7. At all times uphold the integrity and dignity of the
attorney. He is not necessarily a lawyer. Profession and support the activities of the IBP
Attorney of record- the attorney whose name is entered in the records
8. Conduct himself with courtesy, fairness and candor
toward his colleagues and avoid harassing tactics
of an action or suit as the lawyer of a designated party thereto.
9. Not to directly or indirectly assist in the unauthorized
Bar and Bench Bar refers to the whole body of attorneys and practice of law
counselors collectively, the members of the legal profession:
Bench denotes the whole body of judges. Chapter III: The Lawyer and the Courts
Bar Association an association of members of the legal profession like CANON -
the IBP where membership is integrated or compulsory. 10. Owes candor, fairness and good faith to the court
11. Observe and maintain the respect due courts and judicial
Client one who engages the services of a lawyer for legal advice or for officers
purposes of prosecuting or defending a suit in behalf and usually 12. Duty to assist in the speedy and efficient administration
for a fee. of justice
Exceptions:
LAWYERS DUTIES TO SOCIETY
1. Writing legal articles
CANON 1: UPHOLD THE CONSTITUTION AND OBEY THE LAWS OF 2. Engaging in business or other occupations except when such
THE LAND could be deemed improper, be seen as indirect solicitation or
would be the equivalent of law practice.
DISCOURAGING LAW SUITS 3. Law lists, but only brief biographical and informative data
Under Rule 1.03, a lawyer shall not for any corrupt motive or 4. Ordinary, professional cards
interest, encourage any suit or proceeding or delay any mans cause. 5. Notice to other local lawyers and publishing in a legal journal
CRIME OF MAINTENANCE A lawyer owes to society and to the court of ones availability to act as an associate for them
the duty not to stir up litigation. The following are unprofessional acts 6. The proffer of free legal services to the indigent, even when
within the prohibition: broadcasted over the radio or tendered through circulation of
1. Volunteering advice to bring lawsuit except where ties of blood, printed matter to the general public.
relationship, and trust make it a duty to do so.
2. Hunting up defects in titles or other causes of action and 7. Seeking a public office, which can only be held by a lawyer or,
informing thereof to be employed to bring suit or collect in a dignified manner, a position as a full time corporate
judgment, or to breed litigation by seeking out claims for counsel.
personal injuries or any other grounds to secure them as 8. Simple announcement of the opening of a law firm or of
clients. changes in the partnership, associates, firm name or office
3. Employing agents or runners for like purposes. address, being for the convenience of the profession.
4. Paying direct or indirect reward to those who bring or influence 9. Listing in a phone directory, but not under a designation of a
the bringing of such cases to his office. special branch of law.
5. Searching for unknown heirs and soliciting their employment. 10. Activity of an association for the purpose of legal
6. Initiating a meeting of a club and inducing them to organize and representation.
contest legislation under his guidance.
7. Purchasing notes to collect them by litigation at a profit. Solicitation of Cases Constitutes Malpractice
The law prohibits lawyers from soliciting cases for the purpose
A lawyer shall refrain from committing barratry and ambulance of gain, either personally or through paid agents or brokers and makes
chasing of cases. the act malpractice [Rule 138, sec. 27, Rules of Court]. The rule prohibits
professional touting. Neither shall a lawyer charge rates lower than
Barratry offense of frequently inciting and stirring up quarrels and those customarily prescribed unless the circumstances so warrant.
suits. The lawyers act of fomenting suits among individuals and offering
his legal services to one of them USE OF LAW FIRM NAME
1. In the choice of a firm name, no false, misleading or assumed name
Ambulance Chasing a lawyers act of chasing the victims of an accident shall be used. The continued use of the name of a deceased partner is
for the purpose of talking to the same victim or the latters relatives and permissible provided that the firm indicates in all its communications
offering his legal services for the filing of the case against the person who that said partner is deceased. [Rule 3.02, Code of Professional
caused the accident. Responsibility]. Hence, the rule abandoned the doctrine laid down in the
case of In re: Sycip, 92 SCRA 1 (1979).
Ambulance Chaser is a lawyer who haunts hospitals and visits the Reason: All of the partners by their joined efforts over a period of years
homes of the afflicted, officiously intruding their presence and contributed to the goodwill attached to the firm name, and this goodwill
persistently offering his service on the basis of a contingent. is disturbed by a change in firm name every time a partner dies.
Ambulance chasing has spawned recognized evils such as: (FSMD) 2. Where a partner accepts public office, he shall withdraw from the firm
1. Fomenting of litigation with resulting burdens on the courts and his name shall be dropped from the firm name unless the law allows
and the public. him to practice concurrently. [Rule 3.02, Code of Professional
2. Subornation of perjury. Responsibility].
3. Mulcting of innocent persons by judgments, upon
manufactured causes of action. 3. Filipino lawyers cannot practice law under the name of a foreign law
4. Defrauding of injured persons having proper causes of action firm, as the latter cannot practice law in the Philippines and the use of the
but ignorant of legal rights and court procedures by means of foreign law firm in the country is unethical. (Dacanay vs. Baker &
contracts which retain exorbitant percentages of recovery and McKenzie, G.R. Adm. Case No. 2131)
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.
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CANON 4: PARTICIPATE IN THE IMPROVEMENT OF THE LEGAL 2. Those who have retired from law practice with the approval of
SYSTEM the IBP Board of Governors
Examples:
1. Presenting position papers or resolutions for the introduction Good Cause for Exemption from or modification of requirement
of pertinent bills in Congress; A member may file a verified request setting forth good cause
2. Petitions with the SC for the amendment of the Rules of Court. for exemption (such as physical disability, illness, post-graduate study
abroad, proven expertise in law) from compliance with or modification of
CANON 5: KEEP ABREAST OF LEGAL DEVELOPMENTS AND any of the requirements, including an
PARTICIPATE IN CONTINUING LEGAL EDUCATION PROGRAM extension of time for compliance, in accordance with procedure to be
established by the committee on MCLE.
THREE-FOLD OBLIGATIONS OF A LAWYER: Proof of exemption: Applications for exemption from or modification of
1. He owes it to himself to continue improving his knowledge of the MCLE requirement shall be under oath and supported by documents.
the law.
Consequences of Non-Compliance
2. He owes it to his profession to take an active interest in the 1. A member who fails to comply with the requirements after the
maintenance of high standards of legal education. 60-day period shall be listed as delinquent member by the IBP
3. He owes it to the lay public to make the law a part of their Board of Governors upon recommendation of the Committee
social consciousness. 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
Bar Matter 850: MANDATORY CONTINUING LEGAL EDUCATION MCLE.
(MCLE)
(Adopting the Rules on the Continuing Legal Education for Members of CANON 6: APPLICABILITY OF THE CPR TO LAWYERS IN THE
the Integrated Bar of the Philippines) GOVERNMENT SERVICE
August 8, 2000
Purpose: To ensure that throughout their career, they keep abreast with Restriction Against Using Public Office to Promote Private Interest
law and jurisprudence, maintain the ethics of the profession and enhance Public officials and employees during their incumbency shall NOT:
the standards of the practice of law. 1. Own, control, manage or accept employment as officer,
employee, consultant, counsel, broker, agent, trustee or
Requirements of Completion of MCLE nominee in any private enterprise regulated, supervised or
Members of the IBP, unless exempted under Rule 7, shall licensed by their office unless expressly allowed by law
complete every three (3) years at least 36 hours of continuing legal 2. Engage in the private practice of their profession unless
education activities. The 36 hours shall be divided as follows: authorized by the constitution or law, provided that such
a. 6 hours legal Ethics practice will not conflict or tend to conflict with their official
b. 4 hours trial and pretrial skills functions.
c. 5 hours alternative dispute resolution 3. Recommend any person to any position in a private enterprise
d. 9 hours updates on substantive and procedural laws and which has a regular or pending official transaction with their
jurisprudence office
e. 4 hours writing and oral advocacy 4. Use or divulge confidential or classified information officially
f. 2 hours international law and international conventions known to them by reason of their office and not available to the
g. 6 hours such other subjects as may be prescribed by the public.
Committee on MCLE
Restrictions Against Former Official from Accepting Certain
Parties Exempted from the MCLE Employment
1. The President, Vice-President, and the Secretaries and A lawyer shall NOT, after leaving the government service, accept
Undersecretaries of executive departments; engagement or employment in connection with any matter in which he
2. Senators and Members of the House of Representatives; had intervened while in said service. [Rule 6.03, Code of Professional
3. The Chief Justice and Associate Justices of the SC, incumbent Responsibility]
and retired justices of the judiciary, incumbent members of the Section 7 (b), RA 6713 prohibits any former public official or
Judicial and Bar Council and incumbent court lawyers covered employee for a period of one year after retirement or separation from
by the Philippine Judicial Academy Program of continuing legal office to practice his profession in connection with any other matter
education; before the office he used to be with.
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; THE LAWYER AND THE LEGAL PROFESSION
6. The Government Corporate Counsel, Deputy and Assistant
Government Corporate Counsel; CANON 7: UPHOLD THE INTEGRITY AND DIGNITY OF THE
7. The Chairman and Members of the Constitutional PROFESSION AND SUPPORT THE ACTIVITIES OF THE IBP
Commissions; A lawyer shall be answerable for knowingly making a false
8. The Ombudsman, the Overall Deputy Ombudsman, the Deputy statement or suppressing a material fact, in connection with his
Ombudsman and the Special Prosecutor of the Office of the application for admission to the bar. (Rule 7.01)
Ombudsman; A lawyer shall not, whether in public or private life, behave in a
9. Heads of government agencies exercising quasi-judicial scandalous manner to the discredit of the legal profession. (Rule 7.03)
functions;
10. Incumbent deans, bar reviewers and professors of law who CASE: Counsels act of filing multiple complaints against herein
have teaching experience for at least 10 years in accredited law complainants reflects on his fitness to be a member of the legal
schools; profession. His act evinces vindictiveness, a decidedly undesirable trait
11. The Chancellor, Vice-Chancellor and members of the Corps of whether in a lawyer or another individual, as complainants were
Professional Lecturers of the Philippine Judicial Academy; and instrumental in respondents dismissal from the judiciary. (Saburnido vs.
12. Governors and Mayors Madrono, 366 SCRA 1, September 26, 2001)
CANON 11: OBSERVANCE OF RESPECT DUE THE COURTS CANON 13: AVOIDING IMPROPRIETY THAT TENDS TO INFLUENCE
A lawyer shall observe and maintain the respect due to the THE COURT
courts and to judicial officers and should insist on similar conduct by A lawyer shall rely upon the merits of his cause and refrain
others. from any impropriety which tends to influence, or gives the appearance
A lawyer should show respect due the court and judicial officer of influencing the court.
by appearing during the trial of a case punctually and in proper attire.
9
A lawyer shall not extend extraordinary attention or Reasons: IBP Guidelines, Art.1, Sec. 1. Public Service:
hospitality to, nor seek opportunity for cultivating familiarity with judges 1. Legal aid is not a matter of charity but a public responsibility.
[Rule 13.01, Code of Professional Responsibility] 2. It is a means for correction of social imbalance.
A lawyer shall not make public statements in the media 3. Legal aid offices must be so organized as to give maximum possible
regarding a pending case tending to arouse public opinion for or against a assistance to indigent and deserving members of the community
party. [Rule 13.02, Code of Professional Responsibility] and to forestall injustice.
A lawyer shall not brook nor invite interference by another
branch or agency of the government in the normal course of judicial DUTY TO DECLINE EMPLOYMENT
proceedings. [Rule 13.03 Code of Professional Responsibility] 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.
ATTORNEY-CLIENT RELATIONSHIP 2. Nullification of a contract which he prepared.
3. Advocacy in any matter in which he had intervened while in
NATURE OF RELATION the government service.
1. strictly personal; 4. Employment, the nature of which might easily be used as a
2. highly confidential and fiduciary means of advertising his professional services or his skill.
5. Employment with a collection agency which solicits business to
GENERAL RULES PROTECTING ATTORNEY-CLIENT RELATIONSHIPS collect claims.
1. Best efforts must be exerted by the attorney to protect his 6. Any matter in which he knows or has reason to believe that he
clients interest; or his partner will be an essential witness for the prospective
2. The attorney must promptly account for any fund or property client.
entrusted by or received for his client;
3. An attorney cannot purchase his clients property or interest in ETHICAL CONSIDERATIONS IN TAKING A BAD CASE
litigation; In a Criminal Case: A lawyer may accept a losing criminal case because
4. The privacy of communications shall at all times be upheld; every accused is presumed innocent and is entitled to counsel.
5. An attorney cannot represent a party whose interest is adverse
to that of his client even after the termination of the relation. In a Civil Case: The rules and ethics of the profession enjoin a lawyer
from taking a bad case.
CREATION OF RELATION: FORMS OF EMPLOYMENT AS COUNSEL TO
A CLIENT
1. Oral when the counsel is employed without a written Reasons:
agreement, but the conditions and amount of attorneys fees 1. The attorneys signature in every pleading constitutes a
are agreed upon. certificate by him that there is good cause to support it and
2. Express when the terms and conditions including the that it is not interposed for delay, and willful violation of such
amount of fees, are explicitly stipulated in a written document rule shall subject him to disciplinary action.
which may be a private or public document. Written contract 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
of attorneys fees is the law between the lawyer and the client.
defenses as he believes to be honestly debatable under the
3. Implied when there is no agreement, whether oral or
written, but the client allowed the lawyer to render legal law.
services not intended to be gratuitous without objection, and 3. A lawyer is not to encourage either the commencement or the
the client is benefited by reason thereof. 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
Note: While a written agreement for professional services is the best
defense when convinced that it is intended merely to harass or
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 injure the opposite party or to work oppression or wrong.
preclude a finding that there is a professional relationship. Documentary However, a lawyer may accept a losing civil case provided that, in so
formalism is not an essential element in the employment of an attorney; doing, he must not engage in dilatory tactics and must advise his client
the contract may be express or implied. about the prospects and advantage of settling the case through a
compromise.
ADVANTAGES OF A WRITTEN CONTRACT BETWEEN THE LAWYER
AND THE CLIENT:
1. It is conclusive as to the amount of compensation. LAWYERS DUTIES TO CLIENT
2. In case of unjustified dismissal of an attorney, he shall be
entitled to recover from the client full compensation stipulated CANON 15: CANDOR, FAIRNESS AND LOYALTY IN HIS DEALINGS AND
in the contract [RA 636]. TRANSACTIONS WITH HIS CLIENTS
CONFLICT OF INTEREST
CANON 14: NOT TO REFUSE HIS SERVICES TO THE NEEDY
RIGHT TO DECLINE EMPLOYMENT; EXCEPTIONS Duty of a Lawyer to His Client in Case There is Conflict of Interest
General Rule: A lawyer is not obliged to act as legal counsel for any A lawyer, in conferring with a prospective client shall ascertain
person who may wish to become his client. He has the right to decline 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
employment.
prospective client. [Rule 15.01]
Exceptions:
It is the duty of a lawyer at the time of retainer to disclose to
1. A lawyer shall not refuse his services to the needy. the client all circumstances of his relations to the parties and any interest
2. He shall not decline to represent a person solely on account of in connection with the controversy, which might influence the client in
the latters race, sex, creed or status of life or because of his the selection of counsel.
own opinion regarding the guilt of said person. It is unprofessional to represent conflicting interests, except by
3. He shall not decline, except for serious and sufficient cause like express consent of all concerned given after a full disclosure of facts.
(1) if he is not in a position to carry out effectively or Within the meaning of this Canon, a lawyer represents conflicting
competently; (2) if he labors under a conflict of interest interests when, in behalf of one client it is his duty to contend for that
between him and the prospective client or between a present which duty to another client requires him to oppose.
and prospective client.
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.
11
DUTY WHEN THE ACCUSED INTENDS TO PLEAD GUILTY 2. Court does not acquire jurisdiction over the person.
A PLEA OF GUILTY is an admission by the accused of his guilt 3. The adverse party who has been forced to litigate as a
of crime as charged in the information and of the truth of the facts defendant by the unauthorized action on the part of the
alleged, including the qualifying and aggravating circumstances. attorney for the plaintiff may, on that ground, move for the
It is the duty of the defense counsel when his client desires to dismissal of the complaint.
enter a plea of guilty to: (ACEPA) 4. If unauthorized appearance is willful, attorney may be cited for
1. Fully acquaint himself with the records and surrounding contempt as an officer of the court who has misbehaved in his
circumstances of the case official transactions, and he may be disciplined for professional
2. Confer with the accused and obtain from him his account of misconduct.
what had happened
3. Advise him of his constitutional rights Ratification of Unauthorized Appearance
4. Thoroughly explain to him the import of a guilty plea and the 1. EXPRESS: categorical assertion by client that he has
inevitable conviction that will follow authorized a lawyer or that he confirms his authorization to
5. See to it that the prescribed procedure which experience has represent him in the case.
shown to be necessary to the administration of justice is 2. IMPLIED: where a party with knowledge of the fact that a
strictly followed and disclosed in the court records. lawyer has been representing him in a case, accepts benefits of
representation or fails to promptly repudiate the assumed
DUTY TO COMPLY WITH CLIENTS LAWFUL REQUEST authority.
A client shall respond within a reasonable time to the clients
request for information. (Rule 18.04) Requisites for Implied Ratification by Silence
A lawyer should endeavor to seek instruction from his client on 1. Party represented by lawyer must be of age, competent or if
any substantial matter concerning the litigation, which may require suffers from disability, has guardian or legal representative.
decision on the part of the client, such as whether to compromise the case 2. Party or guardian is aware of attorneys representation.
or to appeal an unfavorable judgment. He should give his client sound 3. He fails to promptly repudiate assumed authority.
advice on any such and similar matters and comply with the clients
lawful instructions relative thereto. He should resist and should never Authority of Attorney in the Conduct of Litigation
follow any unlawful instruction of his client. A lawyer has authority to bind the client in all matters of
ordinary judicial procedure. He can bind his client on substantial matters
CANON 19: DUTY TO REPRESENT CLIENT WITH ZEAL AND WITHIN only with the clients express or implied consent.
THE BOUNDS OF THE LAW A client may waive, surrender, dismiss, or compromise any of
his rights involved in a litigation in favor of the other party even without
DUTY TO RESTRAIN CLIENT FROM IMPROPRIETY or against the consent of his attorney.
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, Authority to Compromise
particularly with reference to the conduct toward the court, judicial Compromise- a contract whereby the parties, by making reciprocal
officer, witness and suitor and if the client persists in such wrong doing, concessions, avoid a litigation or put an end to one already commenced.
the lawyer should terminate their relation.
General Rule: The attorney has no authority to compromise his clients
Duty to Advice Candidly case.
As officers of the court, counsels are under obligation to advise Reason: Because the client, even if represented by counsel, retains
their clients against making untenable and inconsistent claims. The exclusive control over the subject matter of the litigation. The client can,
counsel should inform his client and dissuade him from filing the case if of course, authorize his lawyer to compromise his case, and the
totally devoid of merit. If he finds that his clients cause as fairly settlement made by the lawyer will bind his client.
meritorious and ripe for judicial adjudication, he should refrain from Exception: Where the lawyer is confronted with an emergency and
making bold and confident assurances of success. prompt, urgent action is necessary to protect the interest of his client and
there is no opportunity for consultation with him.
Duty of Lawyer in Case of Knowledge of Clients Fraud
1. He must promptly call upon the client to rectify the same and failing Mistakes or Negligence of Lawyer Binding Upon Client
which, General Rule: Client is bound by attorneys conduct, negligence and
2. He shall terminate their relationship with such client in accordance mistake in handling case or in management of litigation and in procedural
with the Rules of Court. technique, and he can not be heard to complain that result might have
been different had his lawyer proceeded differently.
Exceptions:
AUTHORITY OF A LAWYER 1. Where adherence thereto results in outright deprivation of
Appearance- the coming into court as a party either as a plaintiff or as a clients liberty or property or where interest of justice so
defendant and asking relief therefrom. requires.
By virtue of Sec. 20, Rule 14 of the 1997 Rules of Civil 2. Where error by counsel is purely technical which does not
Procedure, there is no more distinction between general appearance and affect substantially clients cause.
special appearance, in the sense that a defendant may file a motion to 3. Ignorance, incompetence or inexperience of lawyer is so great
dismiss not only on the ground of lack of jurisdiction over his person but and error so serious that client, who has good cause prejudiced
also on some other grounds without waving the jurisdiction of the court and denied a day in court.
over his person. 4. Gross negligence of lawyer.
5. Lack of acquaintance with technical part of procedure.
Presumption of Authority
An attorney is presumed to be properly authorized to CANON 20: DUTY OF THE LAWYER TO CHARGE ONLY FAIR AND
represent any cause in which he appears in all stages of the litigation and REASONABLE FEES
no written authority is required to authorize him to appear.
The presumption is a strong one. A mere denial by a party that ATTORNEYS FEES
he has authorized an attorney to appear for him, in the absence of
compelling reason, is insufficient to overcome the presumption especially Factors in Determining Attorneys Fees (Rule 20.1, Canon 20)
when the denial comes after the rendition of an adverse judgment. (TINSAPC)
1. time spent and the extent of the services rendered or required;
Effects of an Unauthorized Appearance 2. novelty and the difficulty of the questions involved;
1. Party is not bound by the attorneys appearance in the case in 3. importance of the subject matter;
or by the judgment rendered therein. 4. skill demanded;
5. probability of losing other employment as a result of the 1. Time spent and extent of the services rendered or required a
acceptance of the proffered case; lawyer is justified in fixing higher fees when the case is so
6. customary charges for similar services and the schedule of fees complicated and requires more time and effort to finish it.
of the IBP Chapter to which he belongs; 2. Novelty and difficulty of questions involved when the
7. amount involved in the controversy and the benefits resulting questions in a case are novel and difficult, greater effort,
to the client from the service; deeper study and research are bound to burn the lawyers time
8. contingency or certainty of compensation; and stamina considering that there are no local precedents to
9. character of the employment whether occasional or rely upon
established; and 3. Importance of subject matter the more important the subject
10. the professional standing of the lawyer. matter or the bigger the value of the interest of property in
litigation, the higher is the attorneys fees
Two Concepts of Attorneys Fees 4. Skill demanded of a lawyer the totality of the lawyers
1. Ordinary- it is the reasonable compensation paid to the experience provides him the skill and competence admired in
lawyer for the legal services he had rendered the client. The lawyers.
basis of this compensation is the fact of employment by the
client. Instances of Recovery of Attorneys Fees on the Basis of Quantum
2. Extraordinary- an indemnity for damages ordered by the Meruit
court to be paid by the losing party to the prevailing party in a 1. There is no express contract for payment of attorneys fees
litigation. The basis of this is any of the cases authorized by agreed upon between the lawyer and the client.
law and is payable not to the lawyer but to the client unless they 2. When although there is a formal contract for attorneys fees,
have agreed that the award shall pertain to the lawyer as the fees stipulated are found unconscionable.
additional compensation or as part thereof. 3. When the contract for attorneys fees is void due to formal
matter.
Kinds of Payment which may be Stipulated Upon 4. When for justifiable cause the lawyer was not able to finish the
1. FIXED OR ABSOLUTE FEE which is payable regardless of the case.
result of the case. 5. When the lawyer and the client disregard the contract for fees.
2. CONTINGENT FEE that is conditioned on the securing of a 6. When the client dismissed his counsel before the termination
favorable judgment and recovery of money or property and the of the case or the latter withdrew therefrom for valid reasons.
amount of which may be on a percentage basis.
3. A fixed fee payable PER APPEARANCE. Champertous Contract - one where the lawyer stipulates with his client
4. A fixed fee computed upon the NUMBER OF HOURS SPENT in the prosecution of the case that he will bear all of the expenses for the
5. A fixed fee based on PIECEWORK. recovery of things or property being claimed by the client, and the latter
6. COMBINATION of any of the above. agrees to pay the former a portion of the thing or property recovered as
compensation. It is void for being against public policy.
RETAINER- may refer to either of two concepts:
1. Act of a client by which he engages the services of an attorney to CONTINGENT vs. CHAMPERTOUS
render legal advice or to defend or prosecute his cause in court. CONTINGENT CHAMPERTOUS
2. Fee which a client pays to the attorney CONTRACT CONTRACT
1. Contingent fee is 1. Payable in kind
Kinds of Retainer Agreements payable in cash ONLY
1. General retainer the fee paid to a lawyer to secure his future 2. Lawyers do not 2.Lawyers undertake
services as general counsel for any ordinary legal problem undertake to pay all to pay all expenses of
that may arise in the ordinary business of the client and expenses of litigation litigation
referred to him for legal action. The client pays fixed retainer
fees, which could be monthly or otherwise. The fees are paid 3. Not prohibited 3. Void
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. Enforcement of Attorneys Fees
General Rule: A lawyer should avoid the filing of any case against client
Situations when Counsel cannot Recover the Full Amount of for enforcement of attorneys fees
Attorneys Fees Despite Written Contract Exceptions:
1. When the services called for were not performed as when the 1. to prevent imposition
lawyer withdrew before the case was finished. He will be 2. to prevent injustice
allowed only reasonable fees 3. to prevent fraud
2. When there is a justified dismissal of the attorney, the contract
will be nullified and payment will be on the basis of quantum Who are Entitled to Attorneys Fees
meruit only. A contrary stipulation will be invalid. General Rule: Only lawyers are entitled to attorneys fees. The same
3. When the stipulated attorneys fees are unconscionable i.e., cannot be shared with a non-lawyer. It is immoral.
when it is disproportionate as compared to the value of Exceptions:
services rendered and is revolting to human conscience. A lawyer may divide a fee for legal services with persons not
4. When the stipulated attorneys fees are in excess of what is licensed to practice law: (CPR)
expressly provided by law. 1. a lawyer undertakes to complete unfinished legal business of a
5. When the lawyer is guilty of fraud or bad faith toward his client deceased lawyer;
in the matter of his employment 2. there is a pre-existing agreement with a partner or associate
6. When the counsels services are worthless because of h is that, upon the latters death, money shall be paid over a
negligence. reasonable period of time to his estate or to persons specified
7. When contract is illegal, against morals or public policy. in the agreement;
8. Serving adverse interest unless lawyer proves that it was with 3. a lawyer or law firm includes non-lawyer employees in
the consent of both parties. retirement plan, even if the plan is based in whole or in part on
the profit sharing agreement
Quantum Meruit means as much as the lawyer deserves or such
amount as his services merit.
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.
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 CANON 22: WITHDRAWAL OF SERVICES
an attorney.
2. The client must intend the above communication to be TERMINATION OF ATTORNEY-CLIENT RELATIONSHIP
confidential.
Instances When a Counsel Can Withdraw His Services
3. A-C privilege embraces all forms of communication and action. 1. When the client pursues an illegal or immoral course or
4. As general rule, A-C privilege also extends to the attorneys conduct in connection with the case he is handling;
secretary, stenographer, clerk or agent with reference to any 2. When the client insists that the lawyer pursue conduct
fact required in such capacity. violative of the Code of Professional Responsibility;
5. The above duty is perpetual and is absolutely privileged from 3. When his inability to work with co-counsel will not promote
disclosure. the best interest of the client;
4. When the mental or physical condition of the lawyer renders it
Exceptions to the Privilege difficult for him to carry on the employment effectively;
1. When there is consent or waiver of client. 5. When the client deliberately fails to pay the fees for the
2. When disclosure is required by law. services or fails to comply with the retainer agreement;
6. When the lawyer finds out that he might be appearing for a
3. When disclosure is made to protect the lawyers rights (i.e., to conflicting interest;
collect his fees or defend himself, his employees or associates
(Note: In all the above cases, the lawyer must file a written motion with
or by judicial action).
an express consent of his client and must wait for the approval of the
4. When such communications are made in contemplation of a court.)
crime or the perpetuation of a fraud 7. When the lawyer is elected or appointed to public office;
8. Other similar cases [Canon 22 Rule 22.01]
LAWYER AS WITNESS
A lawyer shall avoid testifying in behalf of his client. NOTE: A lawyer may withdraw as counsel only with the conrent of the
Reason: The function of a witness is to tell the facts as he recalls them client and with leave of court, and only for good cause enumerated in Rule
in answer to questions. The function of an advocate is that of a partisan. It 22.01 of the Code of Profdssional Responsibility.
is difficult to distinguish between the zeal of an advocate and the fairness The relation of attorney-client relationship is strictly personal
and impartiality of a disinterested witness. and highly confidential and fiduciary. Necessity and public interest
require that it be so.
Instances when a lawyer may NOT testify as a witness in a case
which he is handling for a client: Discharge of the Attorney by Client
1. When such would adversely affect any lawful interest of the The client has the right to terminate at any time WITH OR WITHOUT
client with respect to which confidence has been reposed on JUST CAUSE.
him; Just cause is material only in determining compensation.
2. Having accepted a retainer, he cannot be a witness against his
client; Without just cause
3. He cannot serve conflicting interests;
4. When he is to violate the confidence of his client; And no express written agreement as to fees reasonable
5. When as an attorney, he is to testify on the theory of the case. value of his services up to the date of his dismissal
(quantum meruit)
Instances when a lawyer may testify as a witness in a case which he And there is written agreement and the fee stipulated is
is handling for a client: absolute and reasonable full payment of compensation
1. On formal matters, such as the mailing, authentication or
custody of an instrument and the like;
And the fee stipulated is contingent
2. Acting as an expert on his fee; If dismissed before the conclusion of the action
3. Acting as an Arbitrator; reasonable value of his services (quantum
4. Deposition; meruit)
5. On substantial matters in cases where his testimony is If contingency occurs or client prevents its
essential to the ends of justice, in which event he must, during occurrence full amount
his testimony, entrust the trial of the case to another counsel. (Note: lawyer should question his discharge, otherwise he will be allowed
to recover on quantum meruit basis.)
INTERVIEWING WITNESSES
Witness- human instrumentality through which the law and its ministers, With just cause
the judges and lawyers, endeavors to ascertain the truth and to dispense Lawyer is not necessarily deprived of his right to be paid for
justice to the contending parties. 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.
1. A lawyer may interview a witness in advance of trial to guide
him in the management of the litigation. Limitations of Clients Right to Discharge His Counsel
2. A lawyer may also interview a prospective witness for the
1. Client cannot deprive counsel of his right to be paid for
opposing side in any civil or criminal action without the
services rendered if dismissal is without cause;
consent of the opposing counsel or party.
3. A lawyer may properly obtain statements from witnesses 2. Client cannot discharge counsel as an excuse to secure
whose names were furnished by the opposing counsel or repeated extensions of time;
interview the employees of the opposing party even though 3. Notice of discharge required in so far as court and adverse
they are under subpoena to appear as witnesses for the party are concerned.
opposite side.
4. If after trial resulting in defendants conviction, his counsel has Duties of a Discharged Lawyer or One Who Withdraws
been advised that a prosecution witness has committed 1. Immediately turn-over all papers and property to which the
perjury, it is not only proper but it is the lawyers duty to client is entitled;
endeavor honorably to obtain such witness retraction, even 2. To cooperate with the succeeding lawyer in the orderly
without advising the public prosecutor of his purpose and even transfer of the case.
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.
15
Conditions for Substitution of Counsel Specific Acts which May Result to Criminal Liability
1. Written request for such substitution 1. A lawyer who has undertaken the defense of client or has
2. Written consent of the client received confidential information from said client in a case
3. Written consent of the attorney to be substituted or in the may be criminally liable for undertaking defense of opposing
absence thereof, proof of service of notice of said motion to the party in same cause without consent of first client.[Art. 209,
attorney to be substituted. RPC]
2. A lawyer who shall knowingly introduce in evidence in any
judicial proceeding or to the damage of another or who, with
LIABILITIES OF A LAWYER intent to cause such damage, shall use any false document may
be held criminally liable therefor. [Art.172, RPC]
LIABILITY FOR DAMAGES 3. A lawyer who misappropriates his clients funds may be held
Requisites liable for estafa.
1. Attorney - client relationship
2. Want of reasonable care & diligence CONTEMPT OF COURT
Nature
3. Injury sustained by client as proximate result thereof. It is exercised on preservative and not on vindictive principle
and on corrective rather than the retaliatory idea of punishment, for
Kinds of Damages
purposes that are impersonal. It is criminal in nature.
1. Nominal where client lost the litigation as a consequence of The power to punish for contempt is inherent in all courts. It is
lawyers gross omission or negligence. essential in the observance of order in judicial proceedings and to
2. Actual/compensatory enforcement of judgment, orders and writs.
3. Moral Damages
4. Attorneys fees Kinds of Contempt
(Note: for nos. 2-4 there should be showing that had the lawyer exercised 1. Direct Contempt consists of misbehavior in the presence of
due diligence client would have succeeded in recovering from adverse or so near a court or judge as to interrupt or obstruct the
party.) proceedings before the court or the administration of justice
2. Indirect or Constructive Contempt one committed away
Liability for Breach of Fiduciary Obligation from the court involving disobedience of or resistance to a
Lawyer holds his clients funds or property in trust for clients lawful writ, process, order, judgment or command of the court,
and is obliged to make an accounting of such funds that come to his or tending to belittle, degrade, obstruct, interrupt or embarrass
possession. the court
3. Civil Contempt failure to do something ordered by the court
Effect of Failure to Return Clients Money or Property After Demand which is for the benefit of a party
1. Presumption that he misappropriated the same 4. Criminal Contempt consists of any conduct directed against
2. Civilly liable in favor of client
the authority or dignity of the court.
3. Criminal liability
4. Administrative liability
Acts of a Lawyer Constituting Contempt
Remedy of Client 1. Misbehavior as officer of court
Recover property from lawyer together with its fruits, subject 2. Disobedience or resistance to court order
to clients returning to his lawyer purchase price & legal interest. 3. Abuse or interference with judicial proceedings
4. Obstruction in administration of justice
Libelous Words in Pleadings 5. Misleading courts
A lawyer is exempted from liability for slander, libel or
otherwise defamatory, published in course of judicial proceedings,
6. Making false allegation, criticisms, insults, veiled threats
against the court
PROVIDED statements are connected with, relevant, pertinent and
material to cause in hand or subject of inquiry 7. Aiding in unauthorized practice of law (suspended or
disbarred)
Test of Relevancy 8. Unlawful retention of clients funds
The matter to which the privilege does not extend must be 9. Advise client to commit contemptuous acts
palpably wanting in relation to subject of controversy, that no reasonable
man can doubt its relevancy or propriety. III. BAR DISCIPLINE
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 POWER TO DISCIPLINE ERRANT LAWYERS
liable in separate suit.
1. The Supreme Court has the full authority and power to (WARDS)
Liability for Costs of Suit a. Warn
General Rule: Losing client and not the lawyer is liable for costs of suit
in favor of prevailing party, lawyer not being party-litigant.
b. Admonish
Exception: Where the lawyer insisted on clients patently c. Reprimand
unmeritorious case or interposed appeal to delay litigation or thwart d. Suspend and
prompt satisfaction of prevailing partys just and valid claim, court may e. Disbar a lawyer
adjudge lawyer to pay treble costs of suit. [Section 27, Rules 138, Rules of Court]
CRIMINAL LIABILITY 2. The Court of Appeals and the Regional Trial Courts are also
A lawyer may be held criminally liable if he commits any of the empowered to (WARS)
following: a. Warn
1. Causing prejudice to client thru malicious breach of b. Admonish
professional duty or thru inexcusable negligence or ignorance. c. Reprimand and
2. Revealing clients secrets learned in lawyers professional d. Suspend an attorney who appears before them from
capacity thru malicious breach of professional duty or the practice of law for any of the causes mentioned
inexcusable negligence or ignorance. in Section 27, Rule 138 [Section 16, Rule 139-B].
Note: But they cannot disbar a lawyer.
and capacity commonly possess and exercise in the
performance of tasks which they undertake, and when such
FORMS OF DISCIPLINARY MEASURES (WARS CD) failure proximately causes damage, it gives rise to an action in
tort. [Tan Tek Beng vs. David, 126 SCRA 389]
1. Warning an act or fact of putting one on his guard against an
impending danger, evil consequences or penalties. c. Grossly immoral conduct- that conduct which is
2. Admonition a gentle or friendly reproof, mild rebuke, willful, flagrant or shameless and which shows a moral
warning or reminder, counseling, on a fault, error or oversight, indifference to the opinion of the good and respectable
an expression of authoritative advice. members of the community.
3. Reprimand a public and formal censure or severe reproof,
CASE: In the case of Arciaga vs. Maniwang [106 SCRA 591], mere
administered to a person in fault by his superior officer or a intimacy between a lawyer and a woman with no impediment to marry
body to which he belongs. each other voluntarily cohabited and had two children, is neither so
4. Suspension temporary withholding of a lawyers right to corrupt as to constitute a criminal act nor so unprincipled as to warrant
practice his profession as a lawyer for a certain period or for disbarment or disciplinary action against the man as a member of the bar.
an indefinite period of time.
a. Definite d. Conviction of a crime involving moral turpitude
b. Indefinite qualified disbarment; lawyer determines (Examples: estafa, bribery, murder, bigamy, seduction,
for himself for how long or how short his suspension abduction, concubinage, smuggling, falsification of public
shall last by proving to court that he is once again fit document, violation of B.P. 22)
to resume practice of law.
5. Censure - Official reprimand. e. Violation of oath of office
6. Disbarment - It is the act of the Philippine Supreme Court in f. Willful disobedience of any lawful order of a superior
withdrawing from an attorney the right to practice law. The court
name of the lawyer is stricken out from the roll of attorneys. g. Corruptly or willfully appearing as an attorney for a
party to a case without authority to do so.
he is now a person of good moral character and fit and proper person to 3. Lawyer must comply with the conditions imposed on his
practice law. In case of a conditional pardon, there will be a remission of readmission
unexpired period of sentence.
DISQUALIFICATIONS OF JUDGES
*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.
CANON 5: EQUALITY
Judges shall not, in the performance of judicial duties, by words
PROHIBITION TO PRACTICE LAW or conduct, manifest bias or prejudice towards any person or group on
Judges shall not practice law whilst the holder of judicial office. irrelevant grounds. (Sec. 2)
(Sec. 11)
Section 35 of Rule 138 of Rules of Court prohibits judges, CANON 6: COMPETENCE AND DILIGENCE
officials or employees of superior courts xxx from engaging in private Judges shall take reasonable steps to maintain and enhance
practice as members of the bar and in giving professional advice to their knowledge, skills and personal qualities necessary for the proper
clients. performance of judicial duties, taking advantage for this purpose of the
training and other facilities which should be made available, under
CASES: The reason for the prohibition has been explained in Dia- judicial control, to judges. (Sec. 3)
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 CASE: Judges must be conscientious, studious and thorough,[83]
to avoid the evil of possible use of the power and influence of his office to observing utmost diligence in the performance of their judicial
functions.[84] They have to exhibit more than just cursory acquaintance undue interest in the settlement of criminal cases as the same may
with statutes and procedural rules. Moreover, they must require court compromise the integrity and impartiality of their office.
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, A judge should so behave at all times as to promote public
2004) confidence in the integrity of the judiciary. [Rule 2.01]
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 CANON 3: PERFORMANCE OF DUTIES WITH HONESTY,
representatives, court staff and others subject to their influence, direction IMPARTIALITY AND DILIGENCE
or control. (Sec. 6) A judge should perform official duties honestly and with
impartiality and diligence.
A judge shall be faithful to the law and maintain professional
CODE OF JUDICIAL CONDUCT competence. [Rule 3.01]
(October 20 1989)
Canon- CASE: In the case Exequiel Domingo vs. Judge Luis Reyes [A.M. NO. MTJ-
1: Uphold the integrity and independence of the judiciary 98-1165, June 21, 1999] the Supreme Court held that judges are expected
2: Avoid impropriety and the appearance of impropriety to keep abreast of developments in law and jurisprudence. The SC does
not countenance respondent judges failure to inform himself of recent
3: Perform official duties honestly, and with impartiality and jurisprudential rules. His error, while an honest one and committed for
diligence
the purpose of achieving the ends of justice, must never happen again.
4: With due regard to official duties, engage in activities to Respondent judge was reprimanded for IGNORANCE OF THE LAW.
improve the law, the legal system and the administration of Where a partner accepts public office, he shall withdraw from
justice the firm and his name shall be dropped from the firm name unless the
5: Regulate extrajudicial activities to minimize the risk of conflict law allows him to practice concurrently. [Rule 3.03]
with judicial duties A judge cannot take refuge behind the inefficiency or
mismanagement by court personnel. Proper and efficient court
CANON 1: PROMPT DISPOSITION OF CASES management is as much as his responsibility. It is also his duty to
A judge should administer justice impartially and without organize and supervise the court personnel to ensure the prompt and
delay. [Rule 1.02] efficient dispatch of business.
A judge shall dispose of the courts business promptly and
decide cases within the required periods. [Rule 3.05] CANON 4: ENGAGING IN ACTIVITIES TO IMPROVE THE LAW
CASES: In the Request of Judge Irma Zita Masamayor [A.M. NO. 99-1-16, A judge may, with due regard to official duties, engage in
RTC, June 21 1999] it was held that cognizant of the caseload of judges and activities to improve the law, the legal system and the administration of
mindful of the pressure of their work, the Supreme Court almost always justice.
grants requests for extension of time to decide cases. A heavy caseload A judge may, to the extent that the following activities do not
may excuse a judges failure to decide cases within the reglementary impair the performance of judicial duties or cast doubt on the judges
period, but not his or her failure to request for an extension of time impartiality:
before the expiration of the period to be extended. a. speak, write, lecture, teach or participate in activities
In Bernardo vs. Judge Amelia Fabros [A.M. NO. MTJ-99-1189, concerning the law, the legal system and the administration of
May 12, 1999], the Supreme Court has always considered the failure of a justice;
judge to decide a case within the reglementary period as GROSS b. appear at public hearing before a legislative or executive body
INEFFICIENCY and imposed either fine or suspension from service on matters concerning the law, the legal system or the
without pay for such. The fines imposed vary in each case, depending administration of justice and otherwise consult with them on
chiefly on the number of cases not decided within the reglementary matter concerning the administration of justice;
period and other factors to wit: the presence of aggravating
circumstances the damage suffered by the parties as a result of the c. serve on any organization devoted to the improvement of the
delay, the health and age of the judge, etc. law, the legal system or the administration of justice. [Rule
4.01]
CANON 2: AVOIDANCE OF IMPROPRIETY
A judge should avoid impropriety and the appearance of CANON 5: REGULATION OF THE EXTRAJUDICIAL ACTIVITIES OF A
impropriety in all activities. JUDGE
CASES: In Manuel vs. Judge Demetrio Calimay, Jr. [A.M. NO. RTJ-99-1441, A judge should regulate extra-judicial activities so as to
May 28, 1999] it was held that the fact that the charges proffered in the minimize the risk of conflict with judicial duties.
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 AVOCATIONAL/CIVIC/CHARITABLE ACTIVITIES
Judicial Conduct provides that a judge should not only avoid impropriety A judge may engage in the following activities provided that
but also the appearance of impropriety in all his activities. He should they do not interfere with the performance of judicial duties or detract
behave at all times as to promote public confidence in the integrity and from the dignity of the court: write, lecture, teach and speak on non-legal
impartiality of the judiciary. He should be extra careful in all his dealings subject
both in his professional and individual capacities in order to promote a. engage in the arts, sports and other special recreational
and protect the image of the judiciary to which he is privileged to belong. activities
Respondent, in removing the bamboo poles and fishing nets b. participate in civic and charitable activities
installed by complainant, acted in his private capacity. Nevertheless, c. serve as an officer, director, trustee, or non-legal advisor of a
without in any way prejudging respondents liability, respondent should non-profit or non-political, educational, religious, charitable,
be admonished to be careful even in his private conduct because he is a and fraternal or civic organization. [Rule 5.01]
model of the law-abiding citizen and, for this reason, his private life
cannot be completely separated from his public persona. (Bernardo vs. FINANCIAL ACTIVITIES
Judge Tiamson, A.M. No. RTJ-00-1565. August 6, 2001) A judge shall refrain from financial and business dealings:
In Prosecutor Leo Tabao vs. Judge Pedro Espina [A.M. NO. RTJ- 1. that tend to reflect adversely on the courts impartiality
96-1347, June 29, 1999] it was held that apropos the issue on the hasty 2. that interfere with the proper performance of judicial activities
rendition of judgment in a criminal case, the Supreme Court has 3. that increase involvement with lawyers or persons likely to come
reminded members of the bench time and again that as exemplars of before the court [Rule 5.02]
justice and law, judges must avoid not only impropriety but even the
appearance of impropriety in all their actions. Neither should they take
23
A judge should so manage investments and other financial 2. A judge who willfully or negligently renders a decision causing
interests as to minimize the number of cases giving grounds for damages to another, shall indemnify the latter for the same.
disqualification. A judge is also civilly liable for damages, if in refusing or
Subject to the provisions of the preceding rule, a judge may neglecting to decide a case without just cause, a person suffered material
hold and manage investments but should not serve as an officer, director, or moral loss without prejudice to any administrative action that may be
manager, advisor, or employee of any business except as director of a taken against him. [Art. 27, Civil Code]
family business of the judge. [Rule 5.03]
DISABILITIES OF JUDGES UNDER THE CIVIL CODE
FIDUCIARY ACTIVITIES 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
PROHIBITION TO SERVE AS EXECUTOR, ADMINISTRATOR, ETC. another:
General Rule: The judge shall not serve as (a) executor, (b) xxx
administrator, (c) trustee, (d) guardian, (e) fiduciary. (5) Justices, judges, prosecuting attorneys, clerks of superior and
Exception: when the estate, trust, ward or person for whom he will act inferior courts and other officers and employees connected with the
as executor, administrator, trustee, guardian or fiduciary is a member of administration of justice, the property and rights in litigation or levied
the immediate family- which is limited to the spouse and relatives within upon an execution before the court within whose jurisdiction or territory
the second degree of consanguinity provided that the judges services as they exercise their respective functions, this prohibition includes the act
fiduciary shall not interfere with the performance of his judicial functions of acquiring by assignment and shall apply to lawyers, with respect to the
[Rule 5.06]. property and rights which may be the object of any litigation in which
In such exceptional cases, the judge SHALL NOT: they may take part by virtue of their profession.
a. serve in proceeding that might come before the court of said Xxx
judge
b. act as such contrary to Rules 5.02 to 5.05. 2. Art. 739. Donations made to a judge, his wife, descendants and
(Note: the relationship mentioned is by consanguinity and not by ascendants by reason of his office are void.
affinity.)
CRIMINAL LIABILITIES OF JUDGES IN RELATION TO THEIR OFFICIAL
PROHIBITION TO BE APPOINTED IN QUASI-JUDICIAL AND FUNCTIONS
ADMINISTRATIVE AGENCIES 1. Misfeasance
A judge shall not accept appointment or designation to any a. Knowingly Rendering Unjust Judgment - Any judge who
agency performing quasi-judicial or administrative functions. [Rule 5.09] shall knowingly render an unjust judgment in any case submitted
The prohibition is based on Section 12, Art. VIII of the to him for decision shall be punished by prision mayor and
Constitution which provides: The members of the Supreme Court and of perpetual absolute disqualification. [Art. 204 Revised Penal Code]
other courts established by law shall not be designated to any agency b.Manifestly Unjust Judgment- it is one which is so patently
performing quasi-judicial or administrative functions. against the law, public order, public policy and good morals that a
The appointment to such positions will likely interfere with the person of ordinary discernment can easily sense its invalidity and
performance of the judicial functions of a judge hence, the prohibition. injustice.
In order that a judge may be held liable for knowingly rendering an
PROHIBITION TO ENGAGE IN POLITICAL ACTIVITIES unjust judgment, it must be shown beyond doubt that the judgment is
A judge is entitled to entertain personal views on political unjust as it is contrary to law or is not supported by evidence and the
questions. But to avoid suspicion of political partisanship, a judge shall same was made with conscious and deliberate intent to do an injustice.
not make political speeches, contribute to party funds, publicly endorse [In Re: Climaco, 55 SCRA 107]
candidates for political office or participate in other partisan political If the decision rendered by the judge is still on appeal, the judge
activities. [Rule 5.10] cannot be disqualified on the ground of knowingly rendering an unjust
judgment. [Abad vs. Blaza, 145 SCRA 1]
LIABILITY OF JUDGES 2. Judgment Rendered Through Negligence Any judge who, by reason
of inexcusable negligence or ignorance shall render a manifestly unjust
In the absence of fraud, dishonesty or corruption, acts of judge judgment in any case submitted to him for decision shall be punished by
in his judicial capacity not subject to disciplinary action even though such arresto mayor and temporary special disqualification. [Art. 205 Revised
acts are erroneous. He cant be subject to liability criminal, civil, Penal Code]
administrative for any of his official acts, no matter how erroneous, so Negligence and ignorance are inexcusable if they imply a
long as he acts in good faith. In such a case, the remedy of aggrieved party manifest injustice which cannot be explained by reasonable
is not to file administrative complaint against the judge but to elevate interpretation. [In Re Climaco, 55 SCRA 107]
error to higher court for review and correction
MISCONDUCT
CASES: In the case of In Re: Leaves Of Absence Without Approval Of
Reliable evidence showing that judicial actions are corrupt or
Judge Eric Calderon [A.M. 98-8-105 MTC, January 26, 1999] - Judge
inspired by intent to violate the law or in persistent disregard of legal
Calderon was found guilty of gross misconduct, abandonment of office and
was dismissed due to his frequent leave of absence totaling to 3 years rules.
which were not approved and his explanations were inexcusable. He has Justices and Judges may not be investigated under the grievance
procedure in Rule 139-B, sec. 1 of the Revised Rules of Court. Complaints
caused great disservice to many litigants and has denied them speedy
against justices and judges are filed with the Supreme Court which has
justice.
administrative supervision over all courts.
In the case of In Re: Judge Danilo Tenerife [255 SCRA 184] - The
As a matter of practice, the Supreme Court has assigned
failure of a judge to decide even a single case within the 90-day period
complaints against Municipal or Metropolitan Trial Judges to an
was considered gross inefficiency warranting the imposition of fine
equivalent to his one month salary. 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
Effect of resignation or retirement of a judge when there is a
recommendation. Retired SC Justices are now tasked for this purpose.
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 REINSTATEMENT OF JUDGE PREVIOUSLY DISCIPLINED
determined according to its surrounding circumstances. (Pagayao vs. No indication that he is inspired by corrupt motives or reprehensive
purpose in the performance of his functions.
Imbing, A.M. No. 89-403. August 15, 2001; Lilia vs. Judge Famunal, A.M. No.
RTJ-99-1503. December 13, 2001)
Factors to be considered
According to Pesole vs. Rodriguez [81 SCRA 208] the acceptance
1. Unsullied name & service of record prior to dismissal
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 2. Commitment to avoid situation that spur suspicion of arbitrary
court retains its jurisdiction either to pronounce the respondent official conditions.
3. Complainant mellowed down in pushing from his removal
innocent of the charges or declare him guilty thereof. A contrary rule will
4. Length of time separated from service
be fraught with injustice and pregnant with dreadful and dangerous
implications.
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