A. Practice of Law

• 1. Concept• a. Practice of law is not a natural, property or constitutional right

but a mere privilege to be extended or withheld in the exercise of sound judicial discretion. It is a privilege accorded only to those who measure up to certain rigid standards of mental and moral fitness. But the right to practice law, once granted, is a right in the sense that it cannot be capriciously taken from a lawyer, without due process of law.

• b. Practice of law is a profession, a form of public trust, the performance of which is entrusted only to those who are qualified and who possess good moral character. It is not a business, using bargain counter methods to reap a large profit. The gaining of a livelihood is but a secondary consideration.

c. The law as a profession proceeds from the basic premise that membership in the bar is a privilege burdened with conditions and carries with it the responsibility to live up to its exacting standards and honored traditions.

d. The primary characteristics which distinguish the legal profession from business are:

(1) a duty of public service of which emolutment Is a by-product; (2) a relation as officer of the court to the admiinistration of justice; (3) a relation to client in the highest degree fiduciary;

(4) a relaion to colleagues characterized by candor and fairness.

Practice of law generally – embraces any activity in or out of court, which requires the application of law, legal principle, practice or procedure, and calls for legal knowledge, training and experience ( Cayetano v. Monsod, 201 SCRA 210).

It is not limited to the conduct of cases in court. It

includes legal advice and counselling, and the preparation of legal documents and contracts by which legal rights are secured (Ulep v. Legal Clinic, Inc., 223 SCRA 378

Characteristics of practice of law:1. Habituality2. Compensation 3. Application of law, legal principle , practice or

procedure 4. Attorney-client relationship

2. Qualifications for admission to the practice of law: a. Citizen of the Philippines; b. Resident of the Philippines; c. At least 21 years of age; d. Of good moral character; e. No charge involving moral turpitude filed or pending in court; (Sec. 2, Rule 138, Rules of Court) f. Educational qualifications (Secs. 5 & 6, , Rule 138, Rules of

Couirt) : g. Passing the Bar examinations. (Alawi v. Alauya, 268 SCRA

628) h. Taking the oath and signing the Roll of Attorneys. (Aguirre v.

Rana, B.M. 1036, June 10, 2003)

3. Appearance of Non-lawyers General Rule: Only lawyers may appear and handle cases in

court. Exceptions: a. Student Practice Rule (Rule 138-A) A 4th year law, enrolled in the school’s clinical legal

education program approved by the Supreme Court, may appear to represent indigent clients , under direct supervision and control of a member of the IBP duly accredited by the law school.

b.. Non-lawyers authorized by the Supreme Court – (1) In Municipal or Metropolitan Trial Courts, a person may

appear by himself of through a friend. (2) In municipalities where no lawyer is available, the MTC

judge may appoint a person of repute for integrity and competence to represent a party in a criminal proceeding.

(3) In the RTC, a party may appear for himself (pro se) or through a lawyer.

(4) Small Claims cases.

c. Non-lawyers authorized by law , to appear, such as union representatives authorized to represent union member in the NLRC (Art.722 [a], Labor Code).

4. Proceedings where lawyers prohibited from appearing:

a.. Proceedings before the Katarungan Pambarangay (Art.

415, Local Government Code) b. Small claims proceedings (Secs. 16 & 17, Rule

on Small Claims Cases)

5. Sanctions for practice or appearance without authority:

a. Lawyers without authority –this constitutes malpractice and violation of the lawyer’s oath, for which he may be suspended or disbarred.

b. Persons not lawyers – may be punished for contempt of court.

6. Public Officials and practice of law

(a) Prohibition or disqualification of former government attorneys (1) Under R.A. 6713 – retired government officials are allowed to

practice their profession, but for a period of one year after their retirement, they are not allowed to practice in the office where they had previously been connected.

(2) Under the Code of Professional Responsibility - A lawyer may not, after leaving government service, accept engagement or employment in connection with any matter in which he had intervened while in said service (Rule 6.03; PCGG v. Sandiganbayan, 455 SCRA 526 ).

(3) Under the Judiciary Retirement Act (R.A. 910) – retired members of the judiciary cannot appear as counsel in cases, civil, criminal or administrative, where the government is the adverse party.

(b) Public officials who cannot practice law or with restrictions. (1) Prohibited from practicing – President, Department

secretaries, judges and justices, prosecutors, Solicitor General and members of the OSG, members of Constitutional Commissions, Governors and Mayors.

(2) Allowed to practice but subject to restrictions – Senators, members of the House of Representatives, Vice-Governors and Vice Mayors, members of the Sanggunians,.

(3) Approval of department head required - Civil Service employees (Catu v. Rellosa, AC 5738, Feb. 9, 2008, Abella v. Cruzaba, AC 5088, June 3, 2009 [ [Register of Deeds employee]).

7.. Lawyers authorized to represent the government: a. Office of the Solicitor General (OSG) b. State Prosecutors of the Department of Justice (DOJ c. Office of the Government Corporate Counsel (OGCC) d. Officers who may be authorized by law. e. Private lawyers retained by government entities.

Three conditions before a GOCC can hire a private lawyer: (1) private counsel can only be hired in exceptional cases; (2) the GOCC must first secure the written conformity and acquiescence of the OSG or the OGCC , as the case may be; and (3) the written concurrence of the COA must also be secured. (Vargas vs.Ignes, 623 SCRA 1)

Rights of a lawyer

1. To practice law during his lifetime. 2. The first one to set the machinery of justice in motion. 3. Presumption of regularity in his actions. 4. Deemed 1st grade Civil Service Eligible for all positions where knowledge of law is required, and 2nd grade eligible for any other position. 5 Considered worthy of trust and confidence of the public, a

leader in the community

B. Duties and responsibilities of a lawyer

1. Sources of duties a. Constitution b. Statutes c. Jurisprudence d. Lawyer’s Oath (Sec. 3, Rule 138) e. Rules of Court f. Codes of Conduct (1) Code of Professional Ethics (2) Code of Professional Responsibility

C. General classification of duties of a lawyer: 1. Public duties 2. Private duties

3. Personal duties D. Classification of duties under the Code of

Professional Responsibility 1. Duties to society in general 2. Duties to his profession 3. Duties to the court 4. Duties to his client

E. DUTIES AND RESPONSIBILITIES OF A LAWYER

1. Duties to Society in general: Canon 1 - A lawyer shall uphold the Constitution,

obey the laws of the land, and promote respect for the law and legal processes (CPR )

A lawyer assumes responsibilities well beyond the basic requirements of good citizenship. As a servant of the law, he should make himself an example for others to emulate.

.

• Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral and deceitful conduct.

• a. Unlawful conduct – conduct in violation of the law, penal or not. • b. Dishonest conduct – disposition to lie, cheat, deceive, defraud or

betray.• c. Immoral conduct – conduct which is willful, flagrant or shameless, and

which shows a moral indifference to the opinions of good and respectable members of the community. Grossly immoral act is one that is so corrupt or false as to constitute a criminal act or so unprincipled or disgraceful as to be reprehensible to a high degree

d. Deceitful conduct - proclivity for fraudulent and deceptive misrepresentation, artifice or device used upon another, to the damage or prejudice of the latter.

•

Examples of unlawful conduct . Advising circumvention of the Constitution prohibiting

acquisition of land by foreigners. . Advising clients to execute an antedated sale to avoid taxes.

(Chua v. Mesina, 436 SCRA 149) . Instigaating clients to violate CARP (Tabang vs. Atty. Gacott,

A.C. 4690, July 8, 2013) . Issuance of bouncing checks.(De Jesus v. Collado, 216 SCRA

619) Notarizing document for dissolution of conjugal partnership

(Espinosa v. Atty. Omaña, A.C. 9081, Oct. 12, 2011)

Examples of Dishonest Conduct

• Notarizing documents outside territorial jurisdiction.(Tan Tiong Bio v. Atty Gonzales, A.C. 6634,Aug. 23, 2007)

• Notarizing document without a commission (Uy vs. Saño, A.C. 6505, Sept. 11, 2008)

• Lying in application for admission to bar examination. (In re Lanuevo 66 SCRA 245)

• Submitting falsified power of attorney to secure bank loan (RuraL Bank v. Pilla, 350 SCRA 138).

Examples of Immoral Conduct1. Beso-Beso – not immoral (Advincula v. Macabanta, A.C. 7204,

March 7, 2007) 2. Lawyer abandoning his familhy to live with another woman

(Arnobit vs. Arnobit, A.C. 1481, Oct. 7, 2008).3. Lawyer having a child out of marriage (subject to aggravating

circumstance if he denies or fails to support child) 4. Lawyers who commit bigamy or polygamy (Garrido

vs.Garrido, A.C. 6573, Feb. 4, 2010, St. Louis University vs. dela Cruz, A.C. 2010. Aug. 28, 2006)

5. Married lawyers who seduce innocent women (Royong vs. Oblena, A.C. 5299, Aug. 19. 2003).

Examples of deceitful conduct

• 1. Convincing client to entrust property to him and disposing of the same without accounting for the proceeds (Codon vs. Balicanta, 190 SCRA 299; Hernandez vs. Go, A.C. 1526, Jan. 31, 2004;Angalan vs. Delante, AC 7181, Feb. 6, 209; Brennisen vs. Contawi, A.C. 7481, April 24, 2012)

• 2. Deceiving client to sign deed of sale in his favor (Florian vs. Ediza, A.C. 5327, Oct. 19, 2011).

• 3. Acquiring insurance proceeds due to client through forged SPA (Maritess Freeman vs. Reyes, A.C. 6246, Nov. 15, 2011)

• Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system.

• Should not promote an organization known to be violating the law or engaging in a dishonest scheme (In Re Turrel, 2 Phil. 266) ,

• Scheme to fleece OFWs (Yu vs. Atty. Palana, A.C. 7747, July 14, 2008).

• Lawyer who assisted in illegal recruitment of overseas workers – Sebastian v. Calis, 314 SCRA `1

Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any man’s cause (Rule 1.03)

Aimed against stirring up litigation, barratry and

ambulance chasing.

Rule 1.04 - A lawyer shall encourage his clients to avoid, and/or settle a controversy if it will admit of a fair settlement.

He should be a mediator for concord and a conciliator for compromise rather than an instigator of controversy and a predator of conflict (De Ysasi vs. NLRC, 231 SCRA 505).

Canon 2 - A lawyer shall make his services available in an efficient and convenient manner compatible with the independence, integrity and effectiveness of the legal profession.

1. Rule 2.01 – A lawyer shall not reject, except for valid reasons, the cause of the defenseless or oppressed .

a. But he should not accept more cases than he can handle, Canoy v. Ortiz, 453 SCRA 410).

2.. Rule 2.02 – In such cases, even if the lawyer does not accept a case, he shall not refuse to render legal advice to the person concerned if only to the extent necessary to safeguard the latter’s rights.

3. Rule 2.03 - A lawyer shall not do or permit to be done any act designed primarily to solicit legal business.

a. Forming a partnership with an unauthorized person for the solicitation of clients (Tan Tek Beng v. David, 126 SCRA 289; b. Enticing clients of another lawyer to transfer their cases for a consideration ( Linsangan vs. Tolentino, A.C. 6672, Sept. 4, 2009)

4. Rule 2.04 – A lawyer shall not charge rates lower than those customarily prescribed unless the circumstances so warrant.

Proposed Rule on Mandatory Legal Aid Service

1. Purpose – To enhance the duty of lawyers to society as agents of social change and to the courts as officers thereof by helping improve access to justice by the privileged members of society.

2. Requirements – Every practicing lawyer is required to render a minimum of 60 hours of free legal aid services to indigent litigants in a year.

3. Non-practicing lawyers are required to contribute funds annually.4. Practicing lawyers – members of the Philippine Bar who appear for and in

behalf of parties in courts of law and quasi-judicial agencies. 5. Exemptions: (i) government employees and incumbent elective officers

not allowed by law to practice, (ii) lawyers not allowed by law to appear in court, (iii) supervising lawyer of student legal clinics and lawyers of NGOs and POs, (iv) lawyers in private sector who do not appear for parties in courts and administrative agencies..

Canon 3 – A lawyer In making known his legal services, use only true, honest, fair, dignified and objective information

a. Allowable advertisements – calling cards and announcements in technical journals (ULEP vs. Legal Clinic, Inc. 223 SCRA 376)

Rule 3.01 – A lawyer shall not use any false, fraudulent, misleading, deceptive, undignified, self-laudatory or unfair statement or claim. Regarding his qualifications or legal services.

a. Lawyer advertising himself as a “specialist in annulment of marriage, improper. (Khan v. Simbillo, 409 SCRA 209)

Rule 3.02 – In the choice of a firm name, no false, misleading or assumed name shall be used. The continued use of the name of deceased partner is permissible provided that the firm indicates in all its communications that said partner is deceased.

a. Reverses In re Sycip, Salazar, 92 SCRA 1 b. Use of foreign firm name not allowed (Dacanay v. Baker & McKenzie,

A.C. Case No. 2131, May 10, 1985) Rule 3.03 – When a partner accepts public office, he shall withdraw from

the firm and his name shall be dripped from the firm name unless is allowed to practice law concurrently

Rule 3.04 –A lawyer shall not pay or give anything of value to

representatives of the mass media in anticipation of or in return for publicity to attract legal business (Rule 3.04)

Canon 4 - A lawyer shall participate in the development of the legal system by initiating or supporting efforts in law reform and in the improvement of the administration of justice .

Canon 5 - A lawyer shall keep abreast of legal developments, participate in continuing legal education programs, support efforts to achieve high standards in law schools as well as in the practical training of students and assist in disseminating the law and jurisprudence.

Canon 6 – These canons shall apply to lawyers in government service in the discharge of their official tasks.• Rule 6.01 – The primary duty of a lawyer engaged in public

prosecution is not to convict but to see to it that justice is done. The suppression of facts or the concealment of witnesses capable of establishing the innocence3 of the accused is highly reprehensible and is cause for disciplinary action

“Prosecutors represent a sovereign whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal case is not that it shall win a case, but that justice shall be done.” (Suarez vs. Platon, 69 Phil. 556)

Rule 6.02 – A lawyer in the government service shall not use his public position to promote or advance his private interests, nor allow the latter to interfere with his public duties.

Applies to lawyers in government service who are allowed by law to engage in private practice, and to those who, though prohibited from engaging in private practice, have friends, former associates, and relatives who are in the active practice of law.

•

• 1. Labor arbiter who issued TR0 and PMI without authority.• ( Lahn vs. Mayor, Jr. , A.C. 7430, Feb. 15, 2012).

• 2. DAR lawyer who issued writ of execution of CLOA while notice of coverage was still pending appeal (Berenguer-Landers vs. Atty.Florin A.C. No. 5119, April 17, 2013)

• 3. Should the misconduct (Declaratory Relief) of respondent as judge also warrant his disbarment from the legal profession? We answer in the affirmative. (OCA vs. Atty. Daniel B. Liangco, A.C. 5355, Dec. 13, 2011)

•

• Rule 6.03 –A lawyer shall not after leaving government service, accept engagement or employment in connection with any matter in which he had intervened while in the said service.

• “Matter” means “any discrete, isolatable act as well as identifiable transaction or conduct involving a particular situation and specific party and not merely n act of drafting, enforcing or interpreting government or agency procedures , regulations or laws, or briefing abstract priociples of law”.

• “intervene” only includes “an act of a person who has the power to influence the subject proceedings” (PCGG vs. Sandiganbayan, 455 SCRA 526)

2. Duties to the legal profession. Canon 7 – A lawyer shall at all times uphold the

integrity and dignity of the legal profession and support the activities of the Integrated Bar.

. Integrated Bar of Philippines (1) Integration of the Bar is the official unification of the

entire lawyer population ordained by the Supreme Court on January 16, 1973.

(2) Integration of the Bar is constitutional (In re Integration, 49 SCRA 22)

(3) Objectives of the IBP: to elevate standard of the legal profession, improve the administration of justice, enable Bar to discharge its public responsibility more effectively.

(4). Purposes of the IBP include:

(a) to assist in the administration of justice (b) foster and maintain high ideals of integrity, learning , professional competence, public service and conduct among its members,

(c) to safeguard the professional interests of its members,

(d) To cultivate among its members a spirit of cordiality and brotherhood,

(e) To provide a forum for discussion of law, jurisprudence, law reform, pleading, practice and procedure, and the Bar to the Bench and the public,

(f) To encourage and foster legal education,

(g) To promote a continuing program of legal research and make reports and recommendations thereon.

(5) Membership in the IBP is obligatory on all lawyers. A member in good standing who is 75 years old or who has been lawyer for 40 years or is unable to practice law due to physical disability or judicially adjudged mental incapacity, may be retired from the IBP upon petition to the Board of Governors.

(6) Every member of the Integrated Bar, even those abroad, shall pay annual dues fixed by the Board of Governors. Failure to pay dues can be a ground for suspension and/or disbarment (In re Edillon, 84 SCRA 554).

(7) Non-payment of dues is not excused by “limited practice of law” and “senior citizen’s discount” (Santos vs. Llamas, 322 SCRA 529)

. Rule 7.01 – A lawyer shall be answerable for knowingly making a

false statement or suppressing a material fact in application for admission to the bar. (In re Lanuevo, 66 SCRA 245 – failure to disclose criminal charge; Diao v. Martinez, 7 SCRA 475 – false claim of an A.A. degree).

Rule 7.02 – A lawyer shall not support the application of any person known to be unqualified. In respectto charater, eduction or other relevant attribute.

Rule 7.03 – A lawyer shall not engage in conduct that adversely affects his fitness to practice law, nor shall he, whether in public or private life, behave in a scandalous manner to the discredit of the legal profession. (Guevarra v. Eala, AC 7136, August 2007, Cham v. Patta-Moya, A.C. 7494, June 27, 2008).

Canon 8 . A lawyer shall conduct himself with courtesy, fairness and candor towards professional colleagues, and avoid harassing tactics against opposing counsel.

Rule 8.01. A lawyer shall not use abusive, offensive and

improper language. (Barandon, Jr. v. Ferrer, Jr., AC 578, Mar. 26, 2010)

Rule 8.02. A lawyer shall not, directly or indirectly, encroach on the professional employment of another lawyer., however, it is the right of any lawyer, without fear or favor, to give proper advice and assistance to those seeking relief agarinst unfaithful or neglectful counsel.

a. A lawyer shall not in any way communicate upon the subject

of controversy with a party represented by counsel, much less should he undertake to negotiate or compromise the matter with him, but should deal only with his counsel (Canon 9, Canons of Profesional Ethics, Camacho v Pagulayan, 328 SCRA 631

b. Enticing clients of another lawyer to transfer their cases to his office, for a fee ( Linsangan v. Tolentino, AC 6672, Sep. 4, 200) –

Canon 9 – A lawyer shall not, directly or indirectly, assist . in the

unauthorized practice of law. Rule 9.01- A lawyer shall not delegate to any unqualified

person the performance of any task which by law may only be performed a member of the bar in good standing.

a. Public policy requires that the practice of law be limited to those fund duly qualified.

b. Lawyer may delegate work to secretary or paralegal provided he supervises them and does not authorize them to sign pleadings.

c. A lawyer is prohibited from taking in as a partner or associate, a lawyer under suspension.

d. This rule does not mean that a lawyer may delegate authority to represent a client to a qualified person, without the consent of the client.

B.M. No. 2540, September 24, 2013In Re: Petition to Sign on the Roll of Attorneys, Michael A.

Medado, Petitioner.

• While a reading of Canon 9 appears to merely prohibit lawyers from assisting in the unauthorized practice of law, the unauthorized practice of law by the lawyer himself if subsumed under this provision, because at the heart of Canon 9 is the lawyer’s duty to prevent the unauthorized practice of law. This duty likewise applies to law students and Bar candidates.

Rule 9.02 – A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice law, except:

a. when there is a pre-existing agreement with partner or associate that, upon the latter’s death, money shall be paid over a reasonable period of time to his estate or to persons specified in the agreement.

b. where the lawyer undertakes to complete unfinished business of deceased lawyer.

c. Where a lawyer or law firm includes non-lawyer employees ina retirement plan evenif he plan is based in whole orin part on a profit-sharing agreement.

3. Duties to the Court

Canon 10. A lawyer owes candor, fairness and good faith to the court.

Rule 10.01 – A lawyer shall not do any falsehood nor consent to the doing of any in court; nor shall he mislead the court by any artifice of allow the court to be misled.

a. Alleging false date of receipt of court decision – Perea v. Almado, 399 SCA 322)

b. Alleging non-existent amicable settlement as ground for dismissal of complaint (Maligaya v. Doronila 502 SCRA 1)

c. Does not include obligation to allege facts constituting a defense for the adverse party (Fernandez v. De Ramos-Villalon, A.C. 7552, Nov. 22, 2006).

d. Informing the Supreme Court that a case had already been decided in favor of the adverse party (Director of Lands vs. Adorable, 77 Phil. 468)

Dr. Domiciano F. Villahermosa, Sr. Vs. Atty. Isidro L. Caracol

A.C. No. 7325. January 21, 2015

• However, Atty. Caracol knew that Efren had already passed away at the time he filed the Motion for Issuance of Second Alias Writ of Execution and Demolition. As an honest, prudent and conscientious lawyer, he should have informed the Court of his client’s passing and presented authority that he was retained by the client’s successors-in-interest and thus the parties may have been substituted

• Rule 10.02 –A lawyer must mot knowingly misquote or misinterpret the contents of the paper, the language or the argument of opposing counsel, or the text of a decision or authority, or knowingly cite as a law provision already rendered inoperative by repeal or amendment, or assert as a fact that which has not been proved.

a. Copy word for word, quotation mark by quotation mark (Insular Life Assurance Co. Ltd. Employees Association vs. Insular Life Assurance Co., Ltd., 37 SCRA 244)

Rule 10.03. A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice.

a. Misleading the court to believe that the compromise agreement was not signed by his client (Heirs of Romero vs. Ryes, 461 SCRA 1)

Rule 10.04 – A lawyer shall, when filing a pleading, furnish the opposing party with a copy thereof, together with all the documents annexed thereto. Unless a motion is ex-parte, he should set it for hearing with sufficient notice to the other party.

Canon 11- A lawyer shall observe and maintain the respect due to the courts and to judicial officers and should insist on similar conduct by others.

Respect is due not only to the judge but also to other officers of the court like the clerks of court, sheriffs and other officers who take part in the judicial work.

Rule 11.01 A lawyer shall appear in court properly attired. Rule 11.02. A lawyer shall punctually appear at court hearings a. Also covers prompt compliance to the court’s orders. b. Judges may cite lawyers in contempt of court for coming

late or being absent.

Rule 11.03. A lawyer shall abstain from scandalous, offensive or menacing language or behavior before the dcourts. (Rule 11.03)

a. A lawyer’s language should alwaysuplift the dignity of the legal profession.

b. For the felicity of his client, he may be pardoned for some infelicities in language.

c. There are enough words in the English language which are forceful but respectful.

• Rule 11.04 – A lawyer shall not attribute to a judge motives not supported by the record or having no materiality to the case.

• • A.C. No. 6332. April 17, 2012• In re: Supreme Court Resolution dated 28 April 2003 in G.R. Nos. 145817

and 145822• Facts: Lawyer who moved for inhibition of a Supreme Court Associate

Justice on the ground of bribery.• Held: Respondent Peña is administratively liable for making gratuitous

imputations of bribery and wrongdoing against a member of the Court, as seen in the text of the subject Motion to Inhibit, his statements during the 03 March 2003 Executive Session, and his unrelenting obstinacy in hurling effectively the same imputations in his subsequent pleadings. In moving for the inhibition of a Member of the Court in the manner he adopted, respondent Peña, as a lawyer, contravened the ethical standards of the legal profession.

Rule 11. 05. A lawyer shall not criticize the personal or official conduct of a judge in an insulting or intemperate language.

a. It is the cardinal condtion of all such criticism that it shall be bona fide and shall not spill over he walls of decency and propriety (In RE Almacen, 31 SCRA 581)

Rule 11.06. A lawyer shall submit grievances against a judge to the proper authorities only.

a. A complaint for falsification of a certificate of service against a judge filed with the Ombusdman should be referred to the Supreme Court (Maceda vs.Ombudsman, 24 SCRA 464)

b. Disbarment complaints filed against judges should be referred by the IBP to the Supreme Court.

Canon 12. A lawyer shall exert every effort and consider it his duty to assist in the speedy and effective administration of justice.

Rule 12.01 – A lawyer shall not appear for trial unless he has adequately

prepared himself with the law and the facts of hi s case, the evidence he will adduce and the order of its profference. He should also be ready with the original documents for comparison with the copies.

Rule 12.02 – A lawyer shall not file multiple actions arising from the same cause.

a. There is forum shopping when - i. As a result of an adverse decision in one forum, a

party seeks a favorable opinion in another forum (other than an appeal or certiorari)

ii When a party institutes two or more actions or proceedings grounde3d on the same cause;:

iii. When a case is filed in court while an administrative proceeding is pending.

iv. Where a case for damages is filed in court but really for the purpose of annuling an adverse administrative decision.

v. Where case is filed in violation of the rules on res judicata or litis pendentia,

A.C. No. 6760. January 30, 2013Anastacio N. Teodoro III Vs. Atty. Romeo S. Gonzales

• While the reliefs prayed for in the initiatory pleadings of the two cases are different in form, a ruling in one case would have resolved the other, and vice versa. To illustrate, had the lot been declared as part of the estate of Mercedes in Special Proceedings No. 99-95587, there would have been no need for a decision annulling the sale in Civil Case No. 00-99207. Conversely, had the sale in Civil Case No. 00-99207 been annulled, then the property would go back to the hands of the heirs of Manuela. Placing the property under administration, as prayed for in Special Proceedings No. 99-95587, would have been unnecessary.

A.C. No. 6332. April 17, 2012In re: Supreme Court Resolution dated 28 April 2003 in G.R.

Nos. 145817 and 145822

• Respondent’s peculiar request, which was not included in his other motions, gives the impression that in his quest to have Justice Nachura inhibit himself, respondent nonetheless did not want his case to be raffled out of the Third Division. If his only intention was to raise the possibility of bias against Justice Nachura alone, then it would not matter whether his case remained with the Third Division, with another member being designated to replace Justice Nachura, or raffled to another Division altogether. Respondent Peña’s odd prayer in his motion for inhibition bore signs of an intent to shop for a forum that he perceived to be friendly to him, except for one member.

•

Rule 12.03 – A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda or briefs, let the period lapse without submitting the same or offering an explanation for his failure to do so.

a. A lawyer should not presume that his motion for extension will be granted.

b. The period of extension starts where the original period ends.

Rule 12.04 – A lawyer shall not unduly delay a case, impede the execution of a judgment or misuse court processes.

a. Claiming client’s property to be his to save them from execution (Hegna v. Paderanga, AC 5955, Sep. 8, 2009)

Rule 12.05 – A lawyer shall refrain from talking to his witness during a break or recess in the trial, while the witness is still under examination.

Rule 12.06. A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate another.

Rule 12.07 A lawyer shall not abuse, browbeat or harass a witness nor needlessly inconvenience him.

Rule 12.08 A lawyer shall avoid testifying in behalf of his client,

except: i. On formal matters, such as the mailing, authentication or

custody of an instrument and the like,or ii. On substantial matters , in case where his testimony is

essential to the end of justice, in which event hemust, during his testimony, entrust the ttrial of the case to nother counsel. where his testimony is essential

a. Santiago v. Rafanan, 440 SCRA 91 – not applicable to preliminary investigations)

Canon 13. A lawyer shall rely upon the merits of his cause and refrain from any impropriety which tends t influence, or gives the appearance of influencing the court.

Rule 13.01 – A lawyer shall not extend extraordinary attentionor hospitlity to, nor seek opportunity for cultiating familiarity with judges.

a. Erlinda Bildner v. Erlinda Ilusorio and Atty. Manuel Singson, G.R. No. 157384, June 5, 2009

Rule 13.02 – A lawyer shall not make public statements in the media tending to arouse public opinion for or against a party. )

a. Re: Suspension of Atty. Bagabuyo, AC 608, Oct. 9, 2007 , Foodsphere, Inc. v. Mauricio, AC 7199, July 22, 2009.

• Rule 13.03 - Shall not invite interference by another branch of government in the normal course of judicial proceedings.

a. Appeal to the Office of the President ( Bumanlag s. Bumanlag. 74 SCRA 92)

•

4. Duties to a client Canon 14 – A lawyer shall not refuse his services to

the needy. a. Lawyer-client relationship strictly personal, highly

confidential and fiduciary. b. Creation of lawyer-client relationship – when the advice of

a lawyer is sought on a professional matter, and he gives it. Rule 14.01 – A lawyer shall not decline to represent a person

solely on account of the latter’s race, sex, creed or status of life, or because of his own opinion regarding the guilt of said person.

( Francisco v. Portugal, 484 SCRA 571)

Rule 14.02 = A lawyer shall not decline, except for serious and sufficient cause, an appointment as counsel de oficio or as amicus curiae or a request from the Integrated Bar of the Philippines or any of its chapters for rendition of free legal aid.

counsel de oficio – lawyer appointed by the court to represent an indigent party; opposite of counsel de parte. amicus curiae – friend of the court; appointed to advise the court in complex cases. amicus curiae par excellance – the entire bar pro bono

– legal service without expecting payment

• Rule 14.03 – A lawyer may not refuse to accept representation of an indigent client unless:

• a. He is not in a position to carry out the work effectively or competently ; or

• b. he labors under a conflict of interest between him and the prospective client, or between a present client and the prospective client.

• Rule 14.04. A lawyer who accepts the cause of a person unable to pay his professional fees shall observe the same standard of conduct governing his relationship with a paying client.

Canon 15. A lawyer shall observe candor, fairness and loyalty in all his dealings and transactions with his client.

Rule 15.01 A lawyer, in conferring with a prospective client, shall ascertain as soon as practicable, whether the mater would involve a conflict with another client or his own interest, and if so, shall forthwiih inform the prospective client.

Rule 15.02 A lawyer shall be bound by the rule on privileged communication in respect of matters disclosed to him by a prospective client.

Rule 15.03 A lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of the facts.

i. Types of conflict of interest: Concurrent or multiple representation Sequential or successive representation

ii. Tests of conflict of interest: (1) Whether a lawyer is duty bound to fight for an issue or

claim in behalf of one client , and at the same time, to oppose that claim for another client;

(2) Whether the acceptance of a new relation would prevent the

full discharge of his duty of undivided loyalty to his client.

(3) Whether the acceptance of a new relation would invite suspicion of unfaithfulness or double-dealing in the performance of his duty of fidelity and loyalty.

4) Whether in the acceptance of the new relation, he would be called upon to injure his former client on a matter that he has handled for him, or require him to reveal information that his former client has given to him.

iii. Rule compared to Rule on Privileged Communication.

Rule on privileged communication – An attorney cannot, without he consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of or with a view to, professional employment, nor can an attorney’s secretary, stenographer, or clerk be examined without the consent of the client and his employer. Concerning any fact the knowledge of which has been acquired in such capacity (Sec. 24 [b], Rule 130, Revised Rules of Court)

• Cases on Conflict of Interest

• 1. Arises from lawyer-client relationship (Hilado vs. David, 84 Phil. 538)• 2. Conflict between lawyer and accountant (Nakpil vs. Valdes, 285 SCRA

748)• 3. Corporate counsel in a derivative suit (Hornilla vs. Salunat, 405 SCRA

220).• 4. Engaging in business to compete with client (Quiambao vs. • Bamba, A.C. 6708, Aug. 25, 2005)• 5. Counsel and party plaintiff at the same time (Gamilla vs. Mariño, 399

SCRA 108)• 6. Counsel of lender and borrower (Lee vs. Simando, A.C. 2537, June

10,2013)• 7. Duration of loyalty (Heirs of Falame vs. Baguio, A.C. 6878, March 7,

2009)

Rule 15.04 A lawyer may, with the written consent of all concerned, act as mediator, conciliator or arbitrator in settling disputes.

a. Buehs vs. Bacatan, A.A. 6674, June 30, 2009

Rule 15.05. A lawyer, when advising his client, shall give a candid and honest opinion on the merits and possible results of the client’s case, neither overstating nor understating the prospects on the case.

Rule 15.06 - A lawyer shall not state or imply that he is able to influence any public official, tribunal or legislative body.

Chamelyn A. Agot vs. Atty. Luis P. RiveraA.C. No. 8000. August 5, 2014

• In the instant case, respondent misrepresented himself as an immigration lawyer, which resulted to complainant seeking his assistance to facilitate the issuance of her US visa and paying him the amount of P350,000.00 as downpayment for his legal services. In truth, however, respondent has no specialization in immigration law but merely had a contact allegedly with Pineda, a purported US consul, who supposedly processes US visa applications for him. … Undoubtedly, respondent’s deception is not only unacceptable, disgraceful, and dishonorable to the legal profession; it reveals a basic moral flaw that makes him unfit to practice law.

•

Rule 15.07 A lawyer shall impress on his client compliance with the laws and principles of justice.

a. A lawyer is not a gun for hire.

Rule 15.08. A lawyer who is engaged in another profession or occupation concurrently with the practice of law shall make clear to his client whether he is acting as a lawyer or in another capacity (Art. 15.08)

Canon 16 - A lawyer shall hold in trust all moneys and properties of his client that may come into his possession.

Rule 16.01 A lawyer shall account for all money or property collected or received for or received from the client

a. Money given for a purpose must be used for such purpose; otherwise, returned to client immediately.

b. Failure to do so will raise presumption that lawyer misappropriated it. (De Chavez-Blanco v. Lumasag, Jr., AC 5195, Apr. 10, 2009)

Rule 16.02 A lawyer shall keep the funds of each client separate and apart from his own and those of others kept by him.

a. Velez vs. De Vera, A.C. 6697, July 25, 2006

Rule 16.03. A lawyer shall deliver the funds and property of

client upon demand. However, he shall have a lien over the funds and may apply so much thereof as may be necessary to satisfy his lawful fees and disbursements, giving notice promptly thereafter to his client. He shall also have a lien to the same extent on all judgments and execution s he has secured for his client as provided for inthe Rules of Court.

a. A Lawyer may not apply client’s funds to his fees if client is still objecting to the amount thereof. (Lemoine v. Balon, 414 SCRA511).

b. A lawyer will not be ordered to return money given to him for “facilitation fee”. (Arellano University v. Mijares, AC 380, Nov. 30. 2009)

c. Retaining lien and charging lien – Section 37, Rule 138, Revised Rules of Court.

Rule 16.04 - A lawyer shall not borrow money from his client unless the client’s interests are fully protected by the nature of the case or by independent advice. Neither shall a lawyer lend money to his client except, when in the interest of justice, he has to advance necessary expenses in a legal mater he is handling for the client. a. Lawyer borrowing from client - Wong v. Moya, AC 6972, 2008, Sps.Concepcion v. Atty. de la Rosa, AC 10681, Feb. 3, 2015

Prohibition under Article 1491 of the Civil Code. Conditions: (a) Lawyer-client relationship; (b) Client’s property involved in a litigation; (c) Lawyer is handling litigation for the client; (d) Litigation is still pending; (e) Lawyer acquires the property directly or indirectly:

(1) includes mortgage or lease to lawyer or partnership or

corporation owned by him. (2) includes acquisition of a right of redemption of client’s

property; (3) not violated by contingent fee contract; (4) void on ground of public policy; fraud is irrelevant.

Canon 17 – A lawyer owes fidelity to the cause of his client and shall be mindful of the trust and confidence reposed in him.

a. Duty of fidelity carries the corollary obligation of serving the client with competence and diligence, championing his cause with zeal within the bounds of the law, and exertion of utmost learning and ability. To the end that nothing shall be taken or withheld from the client except by the rules of law legally applied.

d. The duty of fidelity outlasts even the death of the client (Heirs of Falame vs. Atty.Baguio, A.C. 6t876, March 7, 2008

Canon 18. A lawyer shall serve his client with competence and diligence.

Rule 18.01 – A lawyer shall not undertake a legal service which he knows or should know that he is not qualified to render. However, he may render such service if, with the consent of his client, he can obtain as collaborating counsel a lawyer who is competent on the matter.

Rule 18.02 – A lawyer shall not handle any legal matter without adequate preparation. .

Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him and his negligence will render him liable. (Rule 18.03) (Talento v. Paneda, AC

7433, Dec. 23, 2009) Rule 18.04 – A lawyer shall keep the client informed of the status of his

case and shall respond within reasonable time to his client’s request for information.

a. Solidon v. Macalalad, AC 8158, Feb. 124, 2010

Canon 19 – A lawyer shall represent his client with zeal within the bounds of the law.

Rule 19.01 – A lawyer shall employ only fair reasonable

means to obtain the lawful objectives of his client and shall not present, participate in presenting, or threatening ro present unfounded criminal charges to obtain an improper advantage in any case or proceeding. Briones v. Jimenez, AC 6691, April 17, 2007, (Peña v. Aparicio, AC 7208, June 25, 2007. Rural Bank of Calape v. Florido, AC 5736, June 29, 2010)

Rule 19.02. A lawyer who has received information that his client has, in the course of the representation, perpetuated a fraud upon a person or tribunal, shall promptly call upon the client to rectify the same and failing which he shall terminate the relationship with such client in accordance with the Rules of Court.

a. But he may not reveal the client’s fraud because it might violate the confidentiality of their relationship.

Rule 19.03 – A lawyer shall not allow his client to dictate the procedure in handling the case.

a. The employment of a lawyer confers upon him general authority to do on behalf of his client such acts necessary or incidental to the prosecution of the suit entrusted to him.

b. But the lawyer is more than an agent of the client. c. The authority to appear for the client is presumed and lasts until the

termination of the litigation. d, A lawyer has authority to bind the client in all matters of ordinary

judicial procedure The cause of action,the claimrdemand sued upon, and the subject matter, is subject the control of the client.

e. Notice to the lawyer is notice to the client. f. Negligence of the lawyer binding on the client. Exception : where the

negligence is gross and client is deprived of due procs of law,

CANON 20. A lawyer shall charge only fair and reasonable fees .

a. A lawyer has the right to have and recover a fair and reasonable compensation for his services.

b. The compensation of a lawyer should be a mere incident of the practice of law.

c. A lawyer is entitled to judicial protection against injustice, imposition or fraud on the part of his client as the client against abuse on the part of his counsel.

d. Generally, a lawyer’s right to compensation requires the existence of a lawyer-client relationship and the rendition of services to the client.

e. A written agreement is not necessary to establish a client’s obligation to pay attorney’s fees.

f. An agreement for attorney’s fees is always subject to the control of the courts.

• g. A lawyer may recover attorney’s fees on the basis of quantum meruit when (1) there is no agreement as to the fees, (2) when there is an agreement which has been set aside by the court or the parties themselves, (3) when the agreent for attorney’s fees hs been set side due to formal defects, (4) when the lawyer’s services has been terminated with just cause .

Rule 20.01 – A lawyer shall be guided by the following factors in determining his fees:

a. The time spent and extent of services rendered or required b. The novelty and difficulty of questions involved c. The importance of subject matter d. The skill demanded e. The probability of losing other employment as a result of acceptance of the proferred case. f. The customary charges for similar services and the schedule of fees of the IBP chapter to which he belongs. g. The amount involved in the controversy and the benefits resulting to the client from the services. h. The contingency or certainty of compensation

i. The character of the employment, whether occasional or established, and

j. The professional standing of a lawyer.

Rule 20.02 – A lawyer shall, in cases of referral, with the consent of the client, be entitled to division of fees in proportion to the work performed and the responsibility assumed.

. Acceptance fee - down payment on attorney’s fees if he accepts to render service in the case. Should not be made a precondition to rendering such legal service (Ceniza v. Rubia, AC 6166, Oct. 2, 2009).

. Contingency fee arrangements – contract between lawyer and client whereby the lawyer agrees to handle the client’s case but his fee, usually a proportion of the funds or property that may be recovered, shall be contingent on his success in handling the case. Because he takes a risk in the payment of his fees, a larger amount is allowed. A contingent fee agreement is valid.

A contingency fee arrangement is different from a champertous agreement where the lawyer’s fee is also contingent on his success in achieving the goal of his client, but with the additional stipulation that all expenses of the litigation will be shouldered by him. A champertous agreement is invalid.

Corazon M. Dalupan vs. Atty. Glenn C. GacottA.C. 5067, June 29, 2015

• On the other hand, an acceptance fee refers to the charge imposed by the lawyer for merely accepting a case. This is because once the lawyer agrees to represent a client, he is precluded from handling the case of the opposing party based on the prohibition on conflict of interest. Thus, he incurs and opportunity cost by merely accepting the case of the client which is therefore indemnified by the payment of acceptance fee. Since the acceptance fee only seeks to compensate the lawyer for a lost opportunity, it is not measured by the nature and extent of the legal services rendered.

. Attorney’s liens: Retaining lien – a lawyer is allowed to retain possession of

the monies properties and documents of his client until he is paid his fees.

Requisites are: (1) lawyer obtained possession by virtue of a lawyer-client relationship, (2) lawyer has rendered services, (3) lawyer has not been paid.

Retaining lien is a passive lien. There is no action required of the lawyer to take to establish the lien. If the documents are needed to be used as evidence, the lawyer may be ordered to give them to the client, provided the latter posts a bond for the attorney’s fees.

A retaining lien is lost once the lawyer loses possession. A retaining lien is a general lien. It can be exercised to

enforce the payment of the lawyers fees in all the services he has rendered to the client.

Charging lien – the right of a lawyer to charge the judgment and all its executions for the payment of his fees.

The charging lien is an active lien. The lawyer is required to file a motion in the case he is handling to charge the judgment with his fees. Copies of his motion should be furnished to his client and the adverse party, who will be obliged to pay his fees before paying his client.

Necessarily a charging lien can be established only on a judgment for a sum of money.

A charging lien is a special lien. It can be utilized only for the payment of the lawyer’s services in the case he is handling.

Fees and controversies with clients.

Rule 20.03. A lawyer shall not, without the full knowledge and consent of the client, accept any fee, reward, costs, commission, interest, rebate of forwarding allowance or other compensation whatsoever related to his professional employment from anyone other than the client. (Spouses Rafols vs. Barrios, AC 4973, Mar 15, 2010)

Rule 20.04. Avoid controversies with clients concerning his compensation and resort to judicial action only to prevent imposition, injustice of fraud. (Valentin Miranda v. Atty. Macario Carpio, AC 6281, Sept. 21, 2011

Procedure: petition for attorney’s fees may be filed as an incident in the same action he is handling or in a separate civil case.

Concepts of attorney’s fees. 1. Ordinary – the fee that the client pays his

counsel for the latter’s services. 2. Extraordinary - attorney’s fees as an item of

damages which the court may order a losing party to pay to the winning party. As a general rule, attorney’s fees in the concept of damages is not recoverable- Public policy requires that no penalty be placed on the right to litigate.

Exceptions are provided in Article 2208 of the Civil Code.

Claim for attorney’s fees must be pleaded. Reasons for award must be stated in body of decision.

A.C. No. 6281, Nov. 21, 2011VALENTIN C. MIRANDA vs. ATTY. MACARIO D. CARPIO

It is highly unprofessional for a lawyer to impose additional professional fees upon his client upon his client which were never mentioned nor agreed upon at the time of the engagement of his services. At the outset, respondent should have informed the complainant of all the fees or possible fees that he would charge before handling the case and not towards the near conclusion of the case. This is essential in order for the complainant to determine if hem has the legal capacity to pay respondent before engaging his service.

Valentin Miranda vs. Atty. Macario Carpio, cont’d.

• “Quantum meruit”, meaning as much as he deserved, is used as a basis for determining the lawyer’s professional fees in the absence of a contract and recoverable by him for is client. The principle of quantum meruit” applies if a lawyer is employed without a price agreed upon for his services. In such a case, he would be entitled to receive what he merits for his services, as much as he has earned.

Canon 21 – A lawyer shall preserve the confidences or secrets of his client even after the attorney-client relation is terminated.

a. Conditions: 1.Existence of a lawyer-client relationship or a prospective

lawyer-client relationship. 2. The client made the communication in confidence. 3. The legal advice is sought from the lawyer in his professional

capacity.

b. Exceptions (when allowed): a. When authorized by the client ; b. When required by law; c. When necessary to collect his fees or to defend himself.

His employees and associates or by judicial action (Rule 21.01) d. Disclosure to partners or associates of the firm, unless

prohibited by the client (Rule 21.04) e. Disclosure of a crime to be or in the process of being

committed.

• Rule 21.02 – A lawyer shall not, to the disadvantage of his client, use information acquired in the course of employment, now shall he use the same to his advantage or that of a third person, unless the client with full knowledge of the circumstances consents thereto.

• Rule 21.03 – A lawyer shall not, without the written consent of his client, give information from his files to an outside agency seeking such information for auditing, statistical, bookkeeping, accounting data processing or any similar purpose

• Rule 21.04 – A lawyer may disclose the affairs of a client of the firm to partners or associates thereof unless prohibited by the client.

• Rule 21.05 – A lawyer shall adopt such measures as may be required to prevent those whose services are utilized by him, from disclosing or using confidences or secrets of the client.

• Rule 21.06 – A lawyer shall avoid indiscreet conversation about a client’s affairs even with members of his family.

• Rule 21.07 – A lawyer shall not reveal that he has been consulted about a particular case except to avoid a possible conflict of interest.

Canon 22 – A lawyer shall withdraw his services only for good cause and upon notice appropriate in the circumstances.

Rule 22.01 - A lawyer may withdrw his services in any of the following cases:.

(1) When the client pursues am illegal or immoral course of conduct in connection with the matter he is handling; (2) When the client insists that lawyer pursue conduct violative of these canons and rules; (3) When his inability to work with co-counsel will not promote the best interests of the client; (4) When the mental or physical condition of the lawyer renders it difficult for him to carry out the employment effectively; (5) When the client deliberately fails to pay the fees for the services of fails to comply with the retainer agreement; (6) When the lawyer elected or appointed to public office; and (7) Other similar cases.

Requisites for substitution of attorney: a. Written application for substitution; b, Written consent of the client; c, Written consent of the attorney to be substituted or at least notice of the motion for substitution served on him. Rule 22.02 - A lawyer who withdraws or is discharged shall,

subject to a retainer lien, immeditaely turn over all papers and property to which the client is entitled, and shall cooperate with his successor in the orderly transfer of the matter, including all information necessary for the proper handling of the matter.

C. SUSPENSION, DISBARMENT AND DISCIPLINE OF LAWYERS

1. Nature and characteristics of disciplinary actions against lawyers.

(a) sui generis –disciplinary proceedings are a class of their own, neither civil nor criminal, but an investigation into the character of a lawyer to determine his fitness to continue in the practice of law. They involve no private interest and afford no redress for private grievance. They are undertaken solely for public welfare.

(b) prescription - the Statute of Limitations does not apply. Neither does prescription preclude disbarment proceedings. However, it may indicate ulterior motive of the part of the complainant or innocence of the respondent. But, see Isenhardt vs. Real.

2. Grounds: (a) Acts of misconduct before admission (Garrido v. Garrido,

AC 6593, Feb. 4, 2010) (b) Acts of misconduct after admission; (1) Deceit (2) Malpractice (3) Gross misconduct in office (4) Conviction of a crime involving moral turpitude (5) Grossly immoral conduct (6) Violation of the lawyer’s oath (7) Willful disobedience of a lawful order of the

court (8) Corruptly appearing for a party without

authority (9) Solicitation of cases (Sec. 27, Rule 138) In general, loss of good moral character.

A.C. No. 9881, June 4, 2014 Atty. Alan F Paguia vs. Atty. Manuel T. Molina

• Even if we assume that Atty. Molina did provide his clients legal advice, he still cannot be held administratively liable without any showing that his act was attended with bad faith or malice. The rule on mistakes committed by lawyers in the exercise of their profession is as follows: An attorney-at-law is not expected to know all the law. For an honest mistake or error, an attorney is not liable. Chief Justice Abbott said that, no attorney is bound to know all the law; God forbid that it should be imagined that an attorney or a counsel, or even a judge, is bound to know all the law. “

3. Proceedings: (a) initiated by the Supreme court motu propio or by the IBP,

or upon verified complaint by any person filed with the Supreme Court or an IBP Chapter. .

(b) if complaint prima facie meritorious, referred to the IBP, or the Solicitor General, any officer of the Court or a judge of a lower court.

(c) IBP Board of Governors assigns complaint to Commission on Bar Discipline (CBD).

(d) CBD will assign complaint to a Commissioner or group of Commissioners.

(e) If complaint found meritorious, Commissioner(s) will require respondent to file an answer.

(f) Commissioner will conduct hearing in which respondent is accorded due process.

(g) After hearing, Commissioner(s) will submit Report and Recommendation to IBP Board of Governors.

(h) Board of Governors will render decision, either exonerating the respondent and dismissing the case, or imposing a sanction less than suspension, or recommending suspension or disbarment to the Supreme Court.

Exoneration may be appealed by the complainant to the Supreme Court. Sanction of less than suspension or disbarment may be appealed by the respondent to the Supreme Court. Either one may file a motion for reconsideration with the IBP Board before appealing.

(i) Supreme Court renders decision, by division if penalty is fine of P10,000 less and/or suspension for one year or less, and by the court en banc, if penalty is fine of more than P10,000.00 and/or suspension for more than one year, or disbarment.

4. Discipline of Filipino Lawyers Practice in Foreign Jurisdiction:

(a) They may likewise be disciplined in the Philippines if their misconduct in the foreign jurisdiction also constitutes ground for discipline here.

(b) But they are entitled to due process here, and the decision of the authorities abroad shall only be considered as prima facie evidence of misconduct.

A.C. N0. 5377, June 30, 2014VICTOR C. LINGAN vs. ATTYS. ROMEO CALUBAQUIB

and JIMMY F. BALIGA

• When this court orders a lawyer suspended from the practice of law, the lawyer must desist from performing all functions requiring the application of legal knowledge within the period of suspension. This includes desisting from holding a position in government requiring the authority to practice law.

•

Melvyn G. Garcia Vs. Raul H. SesbreñoA.C. No. 7973 and A.C. No. 10457. February 3, 2015

• Even if Sesbreño has been granted pardon, there is• nothing in the records that shows that it was a full

and unconditional pardon. In addition, the practice of law is not a right but a privilege. 19 It is granted only to those possessing good moral character. 20 A violation of the high moral standards of the legal profession justifies the imposition of the appropriate penalty against a lawyer, including the penalty of disbarment

D. Readmission to the Bar 1. Lawyers who were suspended: Guidelines: a. After a finding that the respondent lawyer must be suspended

from the practice of law, the Court shall render a decision imposing the penalty.

b.Unless the Court explicitly states that decision is immediately executory upon receipt thereof, the respondent has 15 days within which to file a motion for reconsideration thereof. Denial of the motion for reconsideration shall render the decision final and executory.

c. Upon expiration of the period of suspension, the respondent shall file a Sworn Statement with the Court through the Office of the Bar Confidant stating therein that he or she has desisted from the practice of law and has not appeared in any court during the period of his or her suspension.

d. Copies of the sworn statement shall be furnished the Local Chapter of the IBP and to the Executive Judge of the courts where he or she has pending cases and/or has appeared as counsel.

e. The Sworn Statement shall be considered as proof of respondent’s compliance with the order of suspension.

f. Any finding or report contrary to the statements made by the lawyer under oath shall be ground for imposition of a more severe punishment, or disbarment, as may be warranted. (Maniago vs. Atty. De Dios, A.C. No. 78472, March 30, 2010)

2. Lawyers who have been repatriated: a. Updating and payment in full of the annual

membership dues in the IBP; b. Payment of professional tax; c. Completion of at least 36 credit hours of MCLE; d. Retaking of the lawyer’s oath. (Petition for Leave to

Resume Practice of Law, Benjamin M. Dacanay, 540 SCRA 424)

3. . Lawyers who have been disbarred:

• a. Proof of remorse and reformation (certifications of the IBP, judges and prominent members of the community.

• b. Lapse of sufficient time from imposition of penalty.• c. Productive years ahead that can be put to good use.• d. Showing of promise (intellectual aptitude, legal

scholarship) and potential for public service.• e. Other relevant factors and circumstances.• Of course, must satisfy the court that he is a person of good

moral character.• Florence Macarrubo vs. Atty. Edmundo I. Macarrubo, • A.C. 6148, January 22, 2013.

•

E. Mandatory Continuing Legal Education

1. Purpose: to ensure that members of the bar keep abreast with law and jurisprudence; maintain the ethics of the profession; and enhance the standards of the practice of law.

2. Requirements: 36 hours of MCLE every three years: 6 hours for legal ethics, 4 hours to trial and pre-trial skills, 5 hours to alternative dispute resolution, 9 hours to updates in substantive and procedural laws, 4 hours to legal writing and oral advocacy , 2 hours to international law and international conventions, 6 hours to subject as may be prescribed by the MCLE committee.

3. Compliance – each member shall secure a Compliance Card before the end

of his compliance period. Such card must be returned not later than the day after the end of his compliance period.

4. Exemptions: a. President and Vice-President, Secretaries and Undersecretaries of

Executive Departments, b. Senators and Members of the House of Representatives, c. Chief Justice and Associate Justices of the Supreme Court,

incumbent and retired members of the judiciary, incumbent members of the Judicial and Bar Council, incumbent court lawyers covered by the Philippine Judicial Academy,

d. Chief State Counsel, Chief State Prosecutor, and Assistant Secretaries of the Department of Justice,

e. Solicitor General and Assistant Solicitor General, f. Government Corporate Counsel, Deputy and Assistant

Government Corporate Counsel, g. Chairmen and Members of Constitutional Commissions.

h. The Ombudsman, over-all Deputy Ombudsman, Deputy

Ombudsman an and Special Prosecutor of the Office of the Ombudsm h and Special Prosecutor of the Office of the Ombudsm h,

i. Heads of government agencies exercising quasi-judicial functions,

j. Incumbent deans, bar reviewers and professors of law who have teaching experience for a lest ten years in accredited law schools.

k. The Chancellor, Vice-Chancellor and members of the Corps of Professors and Professorial Lecturers of the Philippine Judicial Academy,

l. Governors and mayors, m. Those who are not in law practice, private or public. n. Those who have retired from law practice approved by the IBP Board of Governors. o. Good cause. 5. Sanctions: a. Non-compliance fee. b. Non-compliance after 60 days for compliance, listed as delinquent member of the IBP. l

F. NOTARIAL PRACTICE 1. Qualifications of Notary Public: a. Citizen of the Philippines b. Over 21 years of age b. Resident of the Philippines for at least 1 year d. Maintains a regular place of work In the city or province where the commission is to be issued, e. Member of the Philippine bar in good standing f. Has not been convicted in the first instance of a

crime involving moral turpitude.

2. Term of office: two (2) years, commencing from the first day of January of the year in which the commission was issued.

3. Powers and limitations: Powers – Acknowledgments Oaths and affirmations Jurats Signature witnessing Copy certifications Any other act authorized by the Rules a. Witnessing signing by thumbmark b. Signing on behalf of disabled person.

• 4. Jurat – refers to an act in which an individual on a single occasion appears in person before a notary public and presents an instrument or document, is personally known to the notary public of identified through competent evidence of identity, signs the instrument or document in the presence of the notary, and takes an oath or affirmation as to such instrument or document.

• Acknowledgment – refers to an act in which an individual on a single occasion, appears in person before then notary public and presents an integrally complete instrument or document, is attested to be personally known to the notary public or identified through competent evidence of identity, represents to the notary public that the signature on the instrument of document was voluntarily affixed by him, and declares that he has executed the instrument or document as his free and voluntary act and deed, an if he acts in a particular representative capacity, that he has the authority to sign in that capacity.

Limitations: a. A notary shall not perform a notarial act if the person involved as signatory

of the instrument: (1) is not in the notary’s presence personally at the time of notarization, (Heirs of Villanueva v. Beradio, AC 6270, Jasn 23, 2007) (2) is not personally known to the notary or identified through competent document of identity. (Gonzales v. Padiernos, AC 6713, Dec. 8, 2008) b A notary is disqualified from performing a notarial act if he: (1) is a party to the document or instrument to be notarized; (2) will receive as a direct or indirect result any advantage, right, title, interest, cash, property or other consideration; (3) is a spouse, common law partner, ancestor, descendant or relative by affinity or consanguinity of the principal within the fourth civil degree

c. A Notary public shall not perform a notarial act if (1) he knows or has good reason to believe that the transaction is unlawful or immoral, (2) the signatory shows a demeanor which engenders reasonable doubt as to the consequence of the transaction, (3) The signatory is not acting of his own free will. d. A Notary Public shall not (1) execute a certificate containing information known or

believed to be false, (2) affix an official signature or seal on a notarial certificate

that is incomplete.

4. Notarial Register – a permanently bound book containing a chronological record of notarial acts, with the following particulars: a. Entry number’ b. date and time of act, c. type of notarial act, d. type and description of instrument, e. name and address of each principal, f. name or address of each witness, g. fee charged, h. address where notarization was performed if not in

regular place of work, i. any other circumstance.

5. Jurisdiction of Notary Public and place of notarization: a. Jurisdiction – territorial jurisdiction of the commissioning court.(TanTiong Bio v. Gonzales, AC 6634, Aug.

23, 2007) b. Place of notarization – regular place of work, except: (1) public office, convention halls, and similar places where oaths of office may be administered, (2) public function areas in hotels and similar places for the signing of documents or instruments requiring notarization, (3) hospitals and other medical institutions where a party to an instrument is confined for treatment., (4) any place where a party to an instrument is under detention.

6. Revocation of Commission – Executive judge may revoke commission: a. For any ground for which an application for a commission may be

denied; b. Where the notary public – (1) fails to keep a notarial register; (2) fails to make a proper entry in his notarial register; (3) fails to send a copy of his entries to the Executive within10 days of the following month; (4) fails to affix to acknowledgments date of expiration of his commission; (5) fails to submit his notarial register, when filled, to the

Executive Judge; (6) fails to make his report to the Executive Judge within a reasonable time, concerning the performance of his

duties, as may be required by the Judge

(7) fails to require the presence of a principal at the time of a notarial act; (8) fails to identify a principal on the basis of personal knowledge or competent evidence; (9) executes a false or incomplete certificate; (10) knowingly perform or fails to perform any other act prohibited or mandated by the Rules; (11) commits any other dereliction or act which in the judgment of the Executive Judge constitutes good cause for revocation of commission or imposition of administrative sanction.

7. Competent evidence of identity – a. at least one current identification document issued by

an official agency bearing the photograph and signature of the individual; or

b. the oath or affirmation of one credible witness not privy of the instrument, document or transaction who is

personally known to the notary public, or c. the oath of affirmation of two witnesses neither of

whom is privy to the instrument, document or transaction who each personally knows the individual and shows to the notary public documentary identification.

8. Sanctions: The Executive Judge shall cause the prosecution of any

person who: (a) knowingly acts or impersonates a notary public; (b) knowingly obtains, conceals, defaces, or destroys the

seal, notarial register, or official records of a notary public, and

(c) knowingly solicits, coerces, or in any way influences a notary public to commit official misconduct.

The Executive Judge concerned shall submit semestral reports to the Supreme Court on discipline and prosecution of notaries public.

II. JUDICIAL ETHICS A. Sources: 1. Constitution 2. Laws (Civil Code, Penal Code, Anti-Graft Code, R.A 6713 3. Rules of Court 4. Canons of Judicial Ethics 5. Code of Judicial Conduct (prom. Sept. 5, 1989) 6. New Code of Judicial Conduct for the Philippine Judiciary

(prom. April 27, 2004) .

B. Qualifications for appointment: 1. For Supreme Court and lower collegiate courts: a. Natural-born citizen of the Philippines; b. At least 40 years of age; c. Judge of a lower court or practiced law for at least 15 years. (Sec. 7[1], Art. VIII, Phil.Const.) 2. For RTC judges: a. Natural-born citizen of the Philippines; b. At least 35years of age; c. Engaged in practice of law or held public office requiring admission to practice of law as a requisite for at least 10 years.(Judiciary Reorg. Act)

• 3. For MTC judges: a. Natural-born citizen of the Philippines b. At least 30 years of age; c. Engaged in the practice of law or held office requiring

admission to the bar as a reuisite for at least 5 years.

(Judiciary Reorg. Act) 4. For all members of the Judiciary A member of he Judiciary must be a person of proven competence, integrity, probity and independence (Sec. 7 [3], Art. VIII, Constitution)

• C. Judicial and Bar Council (Sec. 8, Art. VIII, Const.) 1. Function - recommending appointees to the Judiciary (at least 3 for every vacancy). 2. Composition: a. Chief Justice as ex-officio Chairman b. Secretary of Justice (ex-oficio member) c. Representative(s) of Congress (ex-oficio member) d. Representative of the Integrated Bar e. Professor of Law f. Retired Member of the Supreme Court c. Representative of the private practice ( Regular members for a term of 4 years)

D. Qualities required of judges under the New Code: 1. Independence is a pre-requisite to the rule of law and a

fundamental guarantee of a fair trial. A judge shall therefore uphold and exemplify judicial independence in both its individual and institutional aspects (Canon 1) .

Sec. 1 – Judges shall exercise their judicial function independently on the basis of their assessment of the facts and in accordance with a concscientious understanding of the law, free of any extraneous influence, inducement, pressure, threat or interference, direct or indirect, from any quarter or for any reason..

Libaros v Dabalos, 199 SCRA 48 ; Go vs. CA, 206 SCRA 165 – acting under pressure of public opinion

Ramirez v. Corpuz-Macandog, 144 SCRA 462 – influence of public official

Sec. 2 – In performing judicial duties, judges shall be independent from judicial colleagues in respect of decisions which the judge is obliged to make independently.

Sec. 3 - Judges shall refrain from influencing in any manner the outcome of litigation or dispute pending before anther court or administrative agency.

Sabitsana v. Villamor, 202 SCRA 405 – pressuring MTC judge In Re Justice Demetria, 355 SCRA 366 – CA justice interfering with prosecution of drug case; OCA vs. Judge de Guzman, 26 SCRA 292 – influencing anotherRTC judge to cancel notice of lis pendens.

thers.

• Sec. 4 - Judges shall not allow family, social or other relationships to influence judicial conduct or judgment. The prestige of judicial office shall not be used or lent to advance the private interests of others, nor convey or permit others to convey the impression that they are in a special position to influence the judge.

• Sec. 5 – Judges shall not only be free from inappropriate connections with, and influence by, the executive and legislative branches of government, but must also appear to be free therefrom to a reasonale observer.

2. Integrity is essential not only to the proper discharge of the judicial office, but also to the personal demeanor of judges.

Sec. 1 – Judges shall ensure that not only is their conduct above reproach , but that it is perceived to be so in the view of a reasonable observer.

In the judiciary, moral integrity is more than a cardinal virtue. It is a necessity. (Fernandez v. Hamoy, 436 SCRA 186)

Ignorance of the law is a mark of incompetence, and where the law involved is elementary, ignorance thereof is considered an indication of lack of integrity (Macalintal v. Teh, 280 SCRA 623)

.

Sec. 2 – The behavior and conduct of judges must reaffirm the people’s faith in the integrity of the Judiciary. Justice must not merely be done, but must also be seen to be done.

a. In-chamber meetings without the presence of the other party must be avoided (Capuno vs. Jaramillo,243 SCRA 213)

b. Maliciously kissing female subordinates (Talens-Dbon vs.Arceo, 29 SCRA 354, Dawa vs. De Asa, 292 SCRA 703)

c. Judge must guard against loing his temper (Echano vs. Sunga, 102 SCRA 738)

Sec. 3 - Judges should take or initiate appropriate disciplinary measures against lawyers or court personnel for unprofessional conduct of which the judge may have become aware.

Corollary to maintenance of order and decorum in the coutrroom.

Canon 3 Impartiality is essential to the proper discharge of the judicial office. It plies not only to the decisions itself but also to the process by which the decision was made.

Sec. 1 – Judges shall perform their judicial duties without favor, bias or prejudice.

Sec. 2 - Judges shall ensure that his or her conduct, both in and out of court, maintains and enhances the confidence of the public, the legal profession and litigants in the impartiality of the judge and of the judiciary.

Pimentel v. Salanga, 21 SCRA 160 – people’s faith in the judiciary Parayno v. Meneses, 231 SCRA 807 – duty to sit Datuin, Jr. vs. Soriano, 391 SCRA 2 – Regularity is presumed, Notatu Dignum..

Sec. 3 – Judges shall, so far as is reasonable, so conduct themselves as to minimize the occasions on which it will be necessary for them to be disqualified from hearing or deciding cases.

a. Fraternization with lawyers and litigants should be voided. Sec. 4 – Judges shall not knowingly, while a proceeding is before

or could come before them, make any comment that might be reasonably be expected to affect the outcome of such proceeding or impair he manifest fairness of the process. Nor shall judges make any comment in public or otherwise that might affect the fair trial or any person or issue. .

a. Publicity for personal vainglory should be avoided.

Sec. 5 – Judges shall disqualify themselves in any proceedings in which they are unable to decide the matter impartially or in which it may appear to a reasonable observer that they are unable to decide the matter impartially. Such proceedings include, but are not limited to instances where:

i. Taken from Sec. 1, Rule 137 of Revised Rules of Court. ii Disqualification distinguished from inhibition (a) The judge has actual bias or prejudice concerning a party or

personal knowledge of disputed evidentiary facts. (1) Bias and partiality must stem from extra-judicial source (b) The judge has previously served as a lawyer or was a

material witness in the matter in controversy. (1) The judge’s objectivity will be impaired.

(2) The judge is not precluded from testifying after inhibiting

(c) The judge or a member of his family has an economic interest in the outcome of the matter in controversy.

(1) Octubre vs. Valano, 434 SCRA 636 -Judge did not disqualify himself and issued a wartant or arrest in a criminal case where he is the complainant

(d) The judge served as executor, administrator, guardian, trustee or lawyer in the matter in controversy, or a former associate of the judge served as counsel during their association, or the judge or lawyer was a material witness

therein. (e) The judge’s ruling in a lower court is the subject of review. Sandoval v. CA, 260 SCRA 283 – partial participation

(f) The judge is related by consanguinity or affinity to a party litigant within the sixth civil degree or to counsel within the fourth civil degree.

Villaluz v. Mijares, 288 SCRA 594 – petitioner’ is judge’s daughter (g) The judge knows that his or her spouse or child has a financial interest

as heir, legatee, creditor, fiduciary, or otherwise, in the subject matter in controversy, or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceedings.

Sec. 6. If the parties and lawyer, independently of the judge’s participation, all agree in writing that the reason for the inhibition is immaterial or unsubstantial, the judge may then participate in the proceedings. The agreement, signed by all the parties and lawyers, shall be incorporated in the record of the proceedings.

“Remittal of disqualification” – Code of Judicial conduct Associacion de Hacenderos vs. Talisay Milling Co., 88 SCRA 327 –

judge engaged a lawyer as his counsel in a separate case, immaterial because judge decided on a stipulation of facts and lawyers did not object.

• Inhibition on discretinary grounds; but decision is not conclusive: a. A matter of conscience and sound discretion.

b. Judges have a duty to sit, and inhibition should be resorted to sparingly, c. Vda. De Bonifacio vs. BLT Bus Co., 34 SCRA 618 – fact that one of the

counsels appearing was classmate of the judge is not a ground for inhibition.

d. Paredes, Jr. vs.Sandiganbayn, 252 SCRA 541 – mere divergence of opnion as to law applicable not a ground for inhibition.

e. Mantaring vs.Roman, 254 SCRA 158 – filing of an administrative case against a judge not a ground for d is qualification.

f, Bellosillo Saludo, A.M> 3297, April 6, 1989 – Memberhip in a college fraternity or civic group not a ground for inhibition.

g. Bautista vs, Causapin, 652 SCRA 442 – drinking spree with litigants ground for inhibition.

Canon 4. Propriety and the appearance of propriety are essential to all activities of a judge.

a. Concept of propriety – conformity to prevailing customs and usages (American Heritage Dictionary)

Sec. 1 – Judges shall avoid impropriety and appearance of impropriety in all their activities.

a. His behavior not only onthe bench but also in every day life should be beyond reproach.

b.. Acts not per se improper can be perceived by the larger community as such.

c. Instances of improper conduct: i. Judge who heard case while on vacation and dressed only in a polo

shirt (Liwanag v. Lusre, A.M> MTJ-08-98-1168, April 21, 1999); ii. tasteless jokes in a wedding ceremony (Hadap v. Lee, 114 SCRA

559);

iii. drunken behavior in public (De la Paz v. Inutan, 64 SCRA 540).

iv. making insulting statements to a lawyer who did graduate from UP (Mane vs, Judge Belen, A.M. RTJ-08-2119, June 30, 2001)

v. Use of court letterhead for private letter (Ladigonvs. Garong, A.M. MTJ-08-1712, Aug. 20, 2008)

vi. Immorlity vii. Intoxication. viii. Use of guns to terrorize or pistol-whip ix. Use of intemperate language x. Failure to pay debts

• Section 2 – As a subject of constant public scrutiny, judges must accept personal restrictions that might be viewed as burdensome by the ordinary citizen and should do so freely and willingly. In particular, judges shall conduct themselves in a way that is consistent with the dignity of the judicial office.

• • a. Use of intemperate language improper, even if addressed no one (Re Anonyumous Complaint against Judge Edmundo T.

Acuña, 464 SCRA 250 , Cua Shuk Yin vs. Perello, 474 SCRA 472)

Sec. 3 – Judges shall, In their personal relations with individual members of the legal profession who practice regularly in their courts, avoid situations which might reasonably give rise to the suspicion or appearance of favoritism or partiality.

Padilla vs. Zantua, 237 SCRA 670 – eating with lawyer in publicSec. 4 – A judge shall not participate in the determination of a case in which

any member of their family represents a litigant or is associated in any manner with the case.

Vidal v. Dojillo, Jr., 483 SCRA 264 –moral support for brotherSec. 5 - Judges shall not allow the use of their residence by a member of the

legal profession to receive clients of the latter or of other members of the legal profession.

Sec. 6 – Judges, like any other citizen, are entitled to freedom of expression, belief, association and assembly, but in exercising such rights, they shall always conduct themselves in such a manner as to preserve the dignity of the judicial office and the impartiality and independence of the Judiciary.

Macias v. Arula, 115 SCRA 135 – participating in a political rally In re Judge Acuña, 464 SCRA 250 – use of expletives

Sec. 7 – Judges shall inform themselves about their personal fiduciary and financial interests and shall make reasonable efforts to be informed about he financial interests of members of their family.

Sec. 8 – Judges shall not use or lend the prestige of the judicial office to advance their private interests or those of a member of their family, or of any one else, nor shall they convey or permit others to convey the impression that anyone is in a special position improperly to influence them in the performance of judicial duties..

Dionisio v. Escaño, 302 SCRA 411 – posting notices for family restaurnt business in court bulletin board

Sec. 9 – Confidential information acquired by a judges in their judicial capacity shall not be used or disclosed for any other purpose related to their judicial duties.

Sec. 10 – Subject to the proper performance of judicial duties, judges may:

(a) Write, lecture, teach and participate in activities concerning the law, the legal system, the administration of justice or related activities.

(b) Appear at a public hearing before an official body concerned with matters relating to the law, the legal system, the administration of justice or related matters;

(c) Engage in other activities if such activities do not detract from the dignity of the judicial office or otherwise interfere with the performance of judicial duties.

In re Designation of Judge Rodolfo Manzano, AM 88-7-861-RTC – consitutional prohibition against designation of judges to agencies performing quasi-judicial or administrative functions.

Sec. 11 - Judges shall not practice law while the holder of judicial office. Carual v. Brusola, 317 SCRA 34 – may serve as executor, administrator,

trustee, guardian or other fiduciary when estate or trust, or ward, is member of immediate family, and will not interfere with performance of judicial duties

MTC judges as notaries public ex officio, may not notarize private documenrts, except (1) when no lawyers available in the municipality, and (2) notarial feees are paid to the government’s account.

Sec. 12 – Judges may form or join associations of judges or participate in other organization representing the interests of judges.

Sec. 13 – Judges and members of their families shall neither ask for nor accept any gift, bequest, loan or favor in relation to anything done or to be done or entitled to be done by him in connection with the performance of judicial duties.

Sec. 14. Judges shall not knowingly permit court staff or others subject to their influence, direction or authority, to ask for or accept any gift, bequest, loan or favor in relation to anything done or to be done or entitled to be done in connection with their duties and functions.

Sec. 15. Subject to law and to any legal requirements of public disclosure, judges may receive a token gift, award or benefit as appropriate to the occasion on which it is made, provided that such gift, award or benefit might not be reasonably perceived as intended to influence the judge in the performance of official duties or otherwise give rise to an appearance of partiality.

Gifts from foreign sources governed by Sec. 7 (d) of R.A. 6713.

Canon 5. Ensuring Equality of treatment to all before the courts is essential to the due performance of judicial duties.

Sec. 1 – Judges shall be aware of and understand diversity in society and differences arising from various sources., including, but not limited to, race., color sex, religion, national origin, caste, disability, age, marital status, sexual orientation, social and economic status, and other like causes.

a. Awareness of international instruments concerning equality of human beings, and rights of women and children.

b. Gender and Development Mainstreaming Plan for the Philippine Judicial System adopted on December 9, 2003.

Sec. 2 – Judges shall not, in the performance of judicial duties, by words or conduct, manifest bias or prejudice towards any person or group on irrelevant grounds.

Sec.3 - Judges shall carry out judicial duties with appropriate consideration for all persons, such as the parties, witnesses, lawyers, court staff and judicial colleagues, without differentiation on any irrelevant ground, immaterial to the proper performance of such duties..

Sec. 4. Judges shall not knowingly permit court staff or others subject to his or her influence, direction or control j to differentiate between persons concerned in a matter before the judge on any irrelevant ground.

Sec. 5 – Judges shall require lawyers in proceedings before the court to refrain from manifesting bias or prejudice based on irrelevant grounds, except such as are legally relevant to an issue in proceedings and may be the subject of legitimate advocacy..

Canon 6. Competence and diligence are prerequisites to the due performance of judicial office.

Sec. 1 – The judicial duties of a judge take precedence over all other activities.

a. The primary duty of judge is to hear and decide cases. b CA justice dismissed for failure to decide cases and motions on time

Sec. 2 – Judges shall devote their professional activity to judicial duties, which include not only the performance of judicial functions and responsibilities in court and the making of decisions, but also other tasks relevant to the judicial office or the court’s operations.

a. Other tasks of judge – record keeping and supervision of personnel.

Sec. 3 – Judges shall take reasonable steps to maintain and enhance their knowledge, skills and personal qualities necessary for the proper performance of judicial duties, taking advantage for this purpose the training and other facilities which should be made available under judicial control, to judges.

Verginesa v. Dilag, 580 SCRA 491 – presumed to have more than cursory knowledge of rules of procedure.

Sec. 4 – Judges shall keep themselves informed about relevant developments of international law, including international conventions and other instruments establishing human rights norms.

Two general source of international law – customary and conventional norms.

Sec. 5 – Judges shall perform all judicial duties, including the delivery of reserved decisions, efficiently, fairly and with reasonable promptness.

a. Periods for decision fixed by the Constitution: 24 months for the Supreme Court 12 months for the lower collegiate courts 3 months for lower courts to be counted from submission ( filing of last pleading or memorandum required ) Sec. 6. Judges shall maintain order and decorum in all proceedings before

the court, and be patient, dignified and courteous in relation to litigants, witnesses, lawyers and others with whom the judge deals in an official capacity. Judges shall require similar conduct of legal representatives, court staff and others subject to their influence, direction or control.

Sec. 7 – Judges shall not engage in conduct incompatible with the diligent discharge of judicial duties.

E. Powers and duties of courts and judicial officers (Rule 135, Revised Rules of Court)

1. Sec. 1 – Courts always open; justice to be promptly and impartially administered.

2. Sec. 2 - Publicity of pleadings and records a. Sitting of every court shall be public, but public may be excluded in the

interest of morality or decency. b. Records of every court shall be available for inspection, unless

forbidden in the interest of morality or decency.

3. Sec. 3. Process of any superior court may be enforced in any part of the Philippines.

4. Sec. 4 – Process of inferior courts shall be enforceable within the province where the municipality or city lies. Shall not be enforced outside the province except with the approval of

the judge of the RTC of said province, and only in the following cases:

a. order for delivery of personal property lying outside the province, b. attachment or real or personal property lying outside the province, c. action is against two or more defendants residing in different

provinces , d. where place where case has been brought Is specified in the contract

Writs of execution issued by inferior courts may be enforced in any part of the Philippines.

Criminal process issued by a judge of an inferior court may be served outside his province when the district judge or provincial fiscal shall certify that the interests of justice so require.

• 5. Inherent powers of courts: a. To preserve and enforce order in its immediate

presence. b. To enforce order in proceedings before it or before

persons empowered to conduct judicial investigation under its authority.

c. To compel obedience of its judgments, orders or processes and to lawful orders of a judge out of court, in a case pending therein.

d. To control in furtherance of justice the conduct of the ministerial officers, and of all other persons in any manner connected with a case before it, in eery manner appertaining therein.

• e. To compel attendance of persons to testify in a case pending therein.

• f. To administer or cause to be administered oaths in a case pending therein, and in all other cases where it may be necessary in the exercise of its powers,

• g. To amend and control irs process and orders so as to make them conformable to law and justice,

• h. To authorize a copy of a lost or destroyed pleading or other paper to be filed and used instead of the original and to restore and supply deficiencies in its records and proceedings.

• 6. When by law jurisdiction is conferred in a court or judicial officer, all auxiliary writs, processes and other means necessary to carry it into effect may be employed by such court or officer; and if the procedure to be followed is not specifically pointed out by law , any suitable process or more of proceeding may be adopted which appears conformable to the spirit of said law or rules.

• 7. All trials upon the merits shall be conducted in open court and so far as convenient in a regular court room. All other acts may be done in chambers.

• 8. An RTC judge shall have power to hear and determine any interlocutory motion when within the district though outside his province, after due notice to the parties. A petition for habeas corpus, or for release upon bail or reduction of bail may be heard by an RTC judge at any place in his judicial district.

• 9. An RTC judge transferred or reassigned to another province may decide a case totally heard by him anywhere in the

Philippines. If the case has only been heard partially by him, th parties may ask the Supreme Court to authorize him to

continue hearing and to decide the case.

F. Discipline of Members of the judiciary

a. Members of the Supreme Court – by impeachment only. (1) Grounds: (i) Culpable violation of the Constitution (ii) Treason (iii) Bribery (iv) Graft and Corruption (v) Other high crimes (vi) Betrayal of public trust (Sec. 2, Art. XI, 1987 Constitution)

(2) Procedure: (i) Verified complaint by any member of the House of

Representatives, or by any citizen endorsed by any member of the House.

(ii) Included in the Order of Business within 10 session days;

(iii) Referral to a committee within 3 session days; (iv) After hearing, Committee to submit Report approved

by majority of its members within 60 session days; (v) Report calendared for consideration within 10 session

days. (vi) Affirmation or reversal by at least 1/3 of all the

members of the House.

• (vi) In case verified complaint or resolution is filed by at least 1/3 of the Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed.

• (vii) The Senate shall have sole power to try and decide all cases of impeachment.

(3) Sanction: Removal from office and disqualification to hold any office under the Republic of the Philippines, , and liability to prosecution and punishment according to law.

Ethical Considerations in the Impeachment of CJ Corona

1. SALN and betrayal of public trust.2. Senators as judges.3. Lawyers as prosecutors4. Lawyers as defense counsels5. Role of media

b. Other justices and judges Grounds: 1. Under Sec. 67 of the Judiciary Act of 1948 – Serious misconduct and inefficiency. 2. Under Sections 8, 9 and 10 of Rule 140: serious, less

serious and light charges. Serious: 1. Bribery, direct or indirect 2. Dishonesty and violations of the Anti-Graft Law (RA 3019) 3. Gross misconduct constituting violations of the Code of Judicial Conduct. 4. Knowingly rendering an unjust judgment or order. 5. Conviction of a crime involving moral turpitude

6. Willful failure to pay a just debt 7. Borrowing from lawyers and litigants in a case pending

before the court 8. Immorality 9. Gross ignorance of the law or procedure 10. Partisan political activities 11. Alcoholism and/or vicious habits

Less serious 1. Undue delay in rendering a decision or order. or in

transmitting the records of the court 2. Frequent and unjustified absences without leave or

habitual tardiness

3. Unauthorized practice of law 4. Violation of Supreme Court rules, directives, and circulars 5. Receiving additional or double compensation unless specifically authorized by law. 6. Untruthful statements in the certificate of service, and 7. Simple misconduct Light 1. Vulgar and unbecoming conduct 2. Gambling in public 3. Fraternizing with lawyers and litigants with pending cases in court 4. Undue delay in the submission of monthly reports.

How initiated a. Initiated motu propio by the Supreme Court, - o b. upon verified complaint by person with personal knowledge, or Macalintal v. Teh, 280 vs 623 – verification nor required if res ipsa

loquitor applicable. c. anonymous complaint supported by public records of indubitable integrity. Procedure: a. If complaint sufficient in form And substance, respondent required to

comment within 10 days, b. Reference to OCA for evaluation, c. Reference for investigation retired SC justice (if respondent is CA

Justice) to CA justice, (if respondent is RTC judge), RTC judge (if respondent is MTC judge).

d. Hearing by investigating judge or justice,

e. Report submitted by investigating judge or justice.

f. Action by Supreme Court.

e. Sanctions imposed by the Supreme Court on erring members of the Judiciary.

1. If the judge is guilty of a serious charge: (a) dismissal from the service, (b) forfeiture of all or part of the benefits as the Court may determine, except accrued leave benefits; (c) disqualification from reinstatement or appointment to any

public office, including government owned or controlled corporation,

(d) Suspension from office without salary and other benefits for more

than 3 but not exceeding 6 months. and (e) A fine of more than P20,000.00 but not exceeding

P40,000.00.

2. If the judge is guilty of a less serious charge:

(a) Suspension from office without salary and other benefits for not less than 1 nor more than 3 months, or

(b) A fine of more than P10,000.00 but no exceeding P20,000.00.

3. If the judge is guilty of a light charge: (a) A fine of not less than P1,000.00 but not exceeding

P10,000.00, and/or (b) Censure, (c) Reprimand, (d) Admonition with warning.

Civil liability of judges

1. General rule – not personally liable for damages to person injured in consequence of an act performed within the scope of his official authority, without malice, negligence or bad faith.

a. Good faith is always presumed. Exceptions: a. Administrative Code of 1987 b. Articles 27 and 32 of the New Civil Code

Criminal liability of judges

1. Under Revised Penal Code. Knowingly rendering an unjust judgment (Art. 204, RPC) Unjust judgment rendered through negligence (Art. 205) Unjust interlocutory order (Art. 206) Malicious delay in administration of justice (Art. 207) Bribery, direct (At. 210) or indirect (Art. 211) Open disobedience (Art. 231) Falsification (Art. 171)2. Under the Anti-Graft Act (R.A. 3019) Inducing another officer to violate duties (Sec. 3a) Requesting or receiving a gift, employment (Sec. 3b, c, d)

Causing undue injury or giving unwarranted benefit (Sec. 3e) Neglect or refusal to act within a reasonable time (Sec. 3f) Filing of SALN (Sec. 7)3. Plunder (R.A. 7080)4. Violation of RA 6713, Code of Conduct for Public Officials.5. Violation of PD 46 (Receiving gifts from private persons in any

occasion)6. Transfer if unlawfully acquired property (RA 1379)7. Violation of right to counsel (EO 155)

Legal Fees (Rule 141)Sec. 1 – Upon filing of pleading or other application which initiates an action, the

prescribed fees shall be paid in full.Sec. 2 Fees as lien – Where a court awards a claim not alleged, or a relief different

or more than that claimed, the party concerned shall pay the additional fees which shall constitute a lien on the judgment in satisfaction of said lien.

Sec. 11. - Stenographers’ fee – P10.00 per page.Sec. 12. – Notarial fees – P100.00Sec. 14. – Witness fee – P200.00 per day Sec 19 – Pauper litigants exempt from payment of legal fees. But legal fees shall be a

lien on any judgment rendered in favor of the pauper litigant, unless the court orders otherwise.

Pauper litigant – those whose gross family income does not exceed twice the monthly minimum wage , and do not own real property with a fair market value of more than P300,000.00.

c

• Sec. 20 – Victim Compensation Fee – In addition to the fees imposed, victim-compensation fee of P5,000.00 pursuant to RA 7300 shall be assessed and collected P5.00 for the filing of eery complaint or petition initiating an ordinary civil action, special civil action or special proceedings, including civil actions impliedly instituted with criminal actions where a filing fee is likewise collected.

• Sec. 21 –The Republic of the Philippines, its agencies or instrumentalities are exempt from paying legal fees. Local governments and government owned or controlled corporations are not exempt.

Costs (Rule 142)

Sec. 1 – Unless otherwise provided by these rules, costs shall be allowed to the prevailing party as a matter of course, but the court, for special reasons, may adjudge that either party shall pay the costs or that it shall be divided as may be equitable.

Sec. 2. When an action or appeal is dismissed for lack of jurisdiction or otherwise, the court nevertheless shall have the power to render judgment for costs, as justice may require.

Sec. 3 – Where an action or appeal is found to be frivolous, double or treble costs may be imposed on the plaintiff or appellant, which shall be paid by his attorney, if so ordered.

• Sec 4 – An averment in a pleading made without reasonable cause and found untrue, shall subject the offending party to payment of reasonable expenses as may have been necessarily incurred by the other party by reason of such untrue pleading. The amount fixed by the judge shall be taxed as cost.

• Sec. 5 – Where the record contains any unnecessary, irrelevant or immaterial matter, the party responsible for the same shall not be allowed as costs any disbursements for the same.

• Sec. 6 – No attorney’s fees shall be taxed as costs against the adverse party, except as provided by civil law.

• Sec. 7 – If plaintiff shall recover a sum not exceeding P10.00,

no cost shall be recovered, unless the court certifies that the action involved substantial and important right of the plaintiff.

• Sec. 8 – In inferior courts, the costs shall be taxed by the judge and included In the judgment. In superior courts costs shall be taxed by the clerk of court on 5 days written notice given by the prevailing party to the adverse party. Either party may appeal to the court from the clerk’s taxation. The cost shall be inserted in the judgment if taxed before its entry, and payment shall be enforced by execution.

Court Record and General Duties of Clerks and Stenographers (Rule 136)

• Sec. 5 – The clerk of a superior court shall issue all ordinary writs and processes, which does not involve judicial discretion, incident to a pending case, and sign writs and processes emanating from the court.

• Sec. 6. The clerk shall receive and file all pleadings and other papers properly presented.

• Sec. 7. The clerk shall safely keep all records, papers, files, exhibits and public property committed to his charge.

• Sec. 6. The clerk shall keep a general docket of cases filed in court.

• Sec. 14. No record shall be taken from the clerk’s office without an order of the court, except the Solicitor General or his assistants, the provincial fiscal and his deputies, and attorneys de oficio.

• Sec. 17. It shall be the duty of the stenographer to deliver to the clerk of court immediately after the close of court sessions, all note he had taken. When such notes are transcribed, the transcript shall be delivered to the clerk, to be attached to the record of the case.

Canons of Professional Ethics

Adopted by the Philippine Bar Association in 1917 and 1946, based on the canons of the American Bar Association. Issued by administrative orders of the Secretary of Justice.

Consists of 46 canons, many of which are carried over to the Code of Professional Responsibility. Hence it is considered suppletory to the latter Code.

Thus, the following canons of the Canons of Professional Ethics (CPE) are correlated to corresponding canons of the Code of Professional Responsibility (CPR):

• • Canon 1- duty of the lawyer to maintain a respectful attitude

towards the court (Canon 11, CPR)• Canon 3 – attempts to exert personal influence over the judge

(Canon 13, CPR)• Canon 5 – the defense or prosecution of those accused of

crime (Rules 14.01 and 6.01, CPR)• Canons 12, 13, 14 – Fixing the amount of the fee (Canon 20,

CPR)• Canon 15 – how far a lawyer may go in supporting a client’s

cause (Canon 19, CPR)• Canon 27 –advertising, direct or indirect (Canon 3, CPR)• Canon 23 – Partnership names (Canon 3, CPR)