legal ethics quicknotes

8/10/2019 Legal Ethics Quicknotes

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FOR PRIVATE AND PERSONAL USE ONLY ________________________________________________________________

LEGAL ETHICSREVIEWER

LEGAL ETHICS - is a branch of moral science, which treats of the dutieswhich an Attorney owes to the court, to the client, to hiscolleagues in the profession and to the public as embodiedin the Constitution, Rules of Court, the Code of ProfessionalResponsibility, Canons of Professional Ethics, jurisprudence,moral laws and special laws.

State the signifcance o legal ethics.

The practice of law which co ers a wide range of acti itiescharacteristic of the legal profession including the pursuit and defenseof client!s rights and interests before the court, will be transgressi e,anarchic, riotous, lawbrea"ing, de#ant and disobedient to courts, if there are no sets of go erning rules to limit the parameters and tamethe e$ercise of the profession.

%egal ethics will guard against the abuses and ills of the professionsuch as dishonesty, deceit, immorality, negligence, slothness, lac" of diligence and the many forms of malpractice of the members of thebar. &n the positi e side, it will raise the standard of the legalprofession, encourage and enhance the respect for the law, assure an

e'ecti e and e(cient administration of justice, assist in the "eepingand maintenance of law and order in coordination with the otherdepartments of go ernment. )t also pro ides the basis for weeding outthe un#t and the mis#ts in the legal profession for the protection of thepublic. *Pineda, %egal and +udicial Ethics, Ed., pp. and /0.

Original Bases o Legal Ethics:

. Canons of Professional Ethics/. 1upreme Court 2ecisions34. Constitution

. Treatises and publications5. 1tatistics

Present Basis o the Philippine Legal Syste : Code of ProfessionalResponsibility.

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!E"I#ITIO# O" TE$%S

Bar &s. Bench - Refers to the whole body of attorneys and denotes thewhole body of judges, counselors, collecti ely the members of the legal profession

Practice o La' - any acti ity, in or out of court which re6uires theapplication of law, legal procedure, "nowledge, training ande$perience. To engage in the practice of law is to gi enotice or render any "ind of ser ice, which de ice orser ice re6uires the use in any degree of legal "nowledgeor s"ill *Cayetano . 7onsod, /8 1CRA / 80.

Attorney(at(la')Co*nsel(at(la')Attorney)Co*nsel A+oga,o)Boceros: - that class of persons who are licensed o(cers of thecourts, empowered to appear, prosecute and defend9 andupon whom peculiar duties, responsibilities, and liabilitiesare de eloped the law as a conse6uence *Cui . Cui, /8Phil. :/ 0.

Attorney In act - an agent whose authority is strictly limited by theinstrument appointing him, howe er, he may do things notmentioned in his appointment but are necessary to theperformance of the duties speci#cally re6uired of him bythe power of attorney appointing him, such authority beingnecessarily implied. ;e is not necessarily a lawyer.

Co*nsel ,e Ofcio - a counsel, appointed or assigned by the court, fromamong members of the <ar in good standing who, byreason of their e$perience and ability, may ade6uatelydefend the accused.

#ote: )n localities where members of the <ar are nota ailable, the court may appoint any person, resident of the pro ince and good repute for probity and ability, todefend the accused. 1ec. :, Rule =, Rules of Court.

Attorney a, hoc- ( a person named and appointed by the court todefend an absentee defendant in the suit in which theappointment is made *<ien enu . >actor!s of Traders)nsurance Cp., 44 %a.Ann./8 0

Attorney o $ecor, - one who has #led a notice of appearance and whohence is formally mentioned in? court records as the o(cialattorney of the party. Person whom the client has named as

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his agent upon whom ser ice of papers may be made.*Reynolds . Reynolds, Cal./d5@80.

O Co*nsel ( to distinguish them from attorneys of record, associateattorneys are referred to as ?of counsel? *5 Am. +ur. /= 0.

Lea, Co*nsel ( The counsel on their side of a litigated action who ischarged with the principal management and direction of aparty!s case.

Ho*se Co*nsel - %awyer who acts as attorney for business thoughcarried as an employee of that business and not as anindependent lawyer.

Bar Association ( an association of members of the legal profession.

A,&ocate - The general and popular name for a lawyer who pleads onbehalf of someone else.

Barrister- Englan,/ ( a person entitled to practice law as an ad ocate orcounsel in superior court.

Proctor Englan,/ ( >ormerly, an attorney in the admiralty andecclesiastical courts whose duties and business correspondto those of an attorney at law or solicitor in Chancery.

Tit*lo ,e A+oga,o ( )t means not mere possession of the academicdegree of <achelor of %aws but membership in the <ar afterdue admission thereto, 6ualifying one for the practice of law.

ADMISSION TO THE PRACTICE OF LAW

The S*pre e Co*rt has the power to control and regulate the practice of law. Thus, the Constitution, under Article ))), 1ec. 5 *50 pro ides3

1ee. 5. The 1upreme Court shall ha e the following powers3*50 Promulgate rules concerning the protection and enforcementof constitutional rights, pleading practice and procedure in allcourts the admission to the practice of law, the )ntegrated <arand legal assistance to the under pri ileged.

The 1upreme Court acts through a <ar E$amination Committee in theE$ercise of his judicial function to admit candidates to the legalprofession.

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/. A completed course in3a. Ci il lawb. Commercial lawc. Remedial lawd. Public international law

e. Pri ate international lawf. Political lawg. labor and social legislationh. 7edial jurisprudence). Ta$ation

j. %egal ethics

#on(la'yers 'ho ay +e a*thori2e, to appear in co*rt:. Cases before the 7TC3 Party to the litigation, in person &R through

an agent or friend or appointed by him for that purpose *1ec. 4 ,Rule 4@, RRC0

/. <efore any other court Party to the litigation, in person *)bid.04. Criminal case before the 7TC )n a locality where a duly licensed

member of the <ar is not a ailable3 the judge may appoint a non-%awyer who is3

a. Resident of the pro inceb. &f good repute for probity and ability to aid the accused in his

defense *Rule =, 1ec. :, RRC0.. %egal Aid Program - A senior law student, who Gs enrolled in a

recogniFed law school!s clinical education program appro ed by the

1upreme Court may appear before any court without compensation,to represent indigent clients, accepted by the legal Clinic of the lawschool. The student shall be under the direct super ision and controlof an )<P member duly accredited by the law school.

5. Dnder the labor code, non-lawyers may appear before the %RC orany labor Arbiter, if

a. They represent themsel es, or )f b. They represent their organiFation or members thereof *Art

///, P& /, as amended0. ?=. Dnder the Cadastral Act, a non-lawyer can represent a claimant

before the Cadastral Court *Act no. //5 , 1ec. 0.

P*+lic O3cials 'ho cannot engage In the pri&ate practice o La' inthe Philippines:

. +udges and other ?o(cials as employees of the 1upreme Court *Rule@, 1ec. 45, RRC0.

/. &(cials and employees of the &1B *)bid.04. Bo ernment prosecutors *People . illanue a, 1&RA 8 0.

. President, ice-President, members of the cabinet, their deputiesand assistants *Art. )G) 1ec. 5, @: Constitution0.

5. 7embers of the Constitutional Commission *Art )H-A, 1ec. /, @:Constitution0

=. &mbudsman and his deputies *Art. )H, 1ec. @*/ nd par0, @:

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Constitution0:. All go ernors, city and municipal mayors *R.A. o. : =8, 1ec. 80.@. Those prohibited by special law

P*+lic o3cials 'ith $estrictions in the Practice o La'. o 1enator as member of the ;ouse of Representati e may

personally appear as counsel before any court of justice as beforethe Electoral Tribunals, as 6uasi-judicial and other administrationbodies *Art. ), 1ec. , @: Constitution0.

/. Dnder the %ocal Bo ernment Code *RA : =8, 1ec. 0 1anggunianmembers may practice their professions pro ided that if they aremembers of the <ar, they shall not3a. Appear as counsel before any court in any ci il case wherein a

local go ernment unit any o(ce, agency, or instrumentality of

the go ernment is the ad erse party9b. Appear as counsel in any criminal case wherein an o(cer oremployee of the national or local go ernment is accused of ano'ense committed in relation to his o(ce9

c. Collect any fee for their appearance in administrati eproceedings in ol ing the local go ernment unit of which he is ano(cial9

d. Dse property and personnel of the go ernment e$cept when the1aggunian member concerned is defending the interest of thego ernment.

4. Dnder RA 8, 1ec. as amended, a retired justice or judge

recei ing pension from the go ernment, cannot act as counsel inany ci il case in which the Bo ernment, or any of its subdi ision oragencies is the ad erse party or in a criminal case wherein an o(ceror employee of the Bo ernment is accused of an o'ense in relationto his o(ce.

Attorney-s Oath

I),JJJJJJJJJJJJJJJJJJJ, do solemnly swear that ) will maintainallegiance to the Republic of the Philippines9 ) will support itsconstitution and obey the laws as well as the legal orders of theduly constituted authorities therein9 ) will do no falsehood, norconsent to the doing of any in court9 ) will not willingly norwittingly promote or sue any groundless, false or unlawful suit, orgi e aid nor consent to the same9 ) will delay no man for moneyor malice, and will conduct myself as a lawyer according to thebest of my "nowledge and discretion, with all good #delity as wellto the court as to my clients9 and ) impose upon myself this

oluntary obligations without any mental reser ation or purpose

of e asion. 1o help me BodK*>orm /@, RRC0

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FOR PRIVATE AND PERSONAL USE ONLY ________________________________________________________________ #at*re o La'yer4s Oath

• The lawyerLs oath is not mere facile words, drift and hollow, but asacred trust that must be upheld and "ept in iolable. *1ebastian s.Calis, 0

• )t is &T a mere ceremony or formality for practicing law. E ery lawyershould at all times weigh his actions according to the sworn promiseshe made when ta"ing the lawyerLs oath. *)n Re3 Argosino, :, )n Re3Arthur 7. Cue as, @0.

State the concept o attorney-s ee.

Attorney!s fee is the reasonable compensation paidto a lawyer for the legal ser ices he has renderedto a client. )t may also be an indemnity for damagesordered by the court to be paid by the losing partyto the pre ailing party in litigation.

!efne contingent ee.

Contingent fee is one depending on the success of the ser ices tobe performed *: C.+.1. 8=/0.

!efne contingent ee contract.Contingent fee contract is a bilateral, entire agreement,

speculati e in nature, pro iding for conditional compensation of anattorney. *: C.+.1. 8=/0.

Gi&e the ,istinction +et'een contingent ee contracts an,cha perto*s contracts.

. )n a champertous contract, the attorney underta"es to bear alle$penses incident to the litigation. This is not true in contingentfee contracts.

/. Champertous fees are payable only in "ind, out of the propertiesreco ered9 whereas, contingent fees may be paid in cash.Champertous contracts are oid as against publicpolicy and the ethics of the profession9 whereas,contingent fee contracts are alid. *Canons of Professional Ethics, /0.

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FOR PRIVATE AND PERSONAL USE ONLY ________________________________________________________________ ATTORNEY'S FEES

5 (%ay a la'yer in a pro+ate case 'hich 'as ,is isse,appeal the ,is issal to en orce his attorney-s ees +ase,on contingency6 7hy6

- o. )f the probate of a will is dismissed, the lawyer cannotappeal to enforce his fees. 1ince the contingency did not occurdue to the dismissal of the petition, the lawyer is not entitled tohis attorney!s fees.

5 (Is a contract +et'een a la'yer an, his client stip*latinga contingent ee co&ere, +y the prohi+ition *n,er Article89 8 ;/ o the #e' Ci&il Co,e6

- o because the payment of said fee was not made during thependency of the litigation but only after the judgment has beenrendered in the case handled by the lawyer. *>abillo s. lAC, 51CRA /@, 7arch , 0.

5 (Are initial ees an, ees pai, in the progress o litigationpart o the contingent ees6

- o, they are independent of the contingent fees. The fact that alawyer may ha e been paid substantially *in initial fees0 while thecase was dragging is no justi#cation for denying him the fullamount under the contingent fee contract with a client. *%aw >irmof Raymundo Armo it s. CA, /8/ 1CRA =, 1ept. /:, 0.

5 (A la'yer 'hose ser&ices 'ere engage, on a contingency+asis 'as ter inate, +y his client ,*e to his re *sal torepresent hi in an e0tra<*,icial settle ent o the clai .State the e=ect o s*ch ter ination.

-An attorney hired on a contingent basis and whose ser ices were

terminated by his clients because of his refusal to represent themin an out of court settlement of their claims has no right tointerfere in the implementation of the settlement agreement inhis e'orts to collect attorney!s fees not due him. *Chua s. %RC,

8 1CRA 55@, &ct. :, 80.

5 (Is the agree ent +et'een a la'yer an, his client 'hichpro&i,es that the latter agrees on a ;>? contingent eepro&i,e, the or er ,e rays all e0penses or the s*it@incl*,ing co*rt ees@ &ali,6

- o, such agreement is null and oid for being a champertousagreement. *<autista s. BonFales, supra).

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5 (7hen ay a la'yer &ali,ly a,&ance the e0penses o

litigation6

-A lawyer may in good faith ad ance the e$penses of litigationpro ided the same should be subject to reimbursement. *<autistas. BonFales, supra).

5( (7hat is the nat*re o a charging lien6

A charging lien, to be enforceable as security for the payment of attorney!s fees, re6uires as a condition sine qu non a judgmentsecured in the main action by the attorney in fa or of his client. )tis not of the nature which attaches to the property in litigation,

but is at most a personal claim enforceable by a writ of e$ecution.)t presupposes that the attorney has secured a fa orable money

judgment for his client. A charging lien is limited only to money judgments and not to judgments for the annulment of a contractor for deli ery of real property. *7etropolitan <an" and TrustCompany s. CA, @ 1CRA 4=:, +an. /4, 80.

5 ( 7hat co*rt has <*ris,iction o&er an en orcea+le charginglien6

-An enforceable charging lien, duly recorded, is within the jurisdiction of the court trying the main case. This jurisdictionsubsists until the lien is settled. *7etropolitan <an" and TrustCompany s. CA, supra).

5 ( Ho' ay a la'yer en orce his right to attorney-s ees6

<y #ling the necessary petition as an incident in the main action inwhich his ser ices were rendered when something is due his client

in the action from which the fee is to be paid. *7etropolitan <an"and Trust Company s. CA0

5 (Ho' ay a la'yer assert his clai or attorney-s ees6

-Counsel!s claim for attorney!s fees may be asserted either in theery action in which the ser ices in 6uestion ha e been rendered

for or in a separate action. )f the #rst alternati e is chosen, theCourt may pass upon said claim e en if its amount were less thanthe minimum prescribed by law for the jurisdiction of said court,upon the theory that the right to reco er attorney!s fees is but an

incident of the case in which the ser ices of counsel ha e beenrendered. * uirante s. )ntermediate Appellate Court, B.R. o.:4@@= 4 +an @ 0

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5 ( Ho' ay a petition or the reco&ery o attorney-s ees +eesta+lishe,6

A petition for the reco ery of attorneyLs fees, either as a separateci il suit or as an incident in the main action has to be prosecutedand the allegations therein established as in any other moneyclaim. The persons who are entitled to or who must pay attorney!sfees ha e the right to be heard upon the 6uestion of their proprietyor amount. ;ence, the ob ious necessity of a hearing is beyondca il. *7etropolitan <an" and Trust Company s. CA, supra).

5( Ho' ,o yo* consi,er a contract or the pay ent o attorney-sees6

A stipulation regarding the payment of attorney!s fees is neitherillegal nor immoral and is enforceable as the law between theparties as long as such stipulation does not contra ene law, goodmorals, good customs, public order or public policy. *ReparationsCommission s. isayan Pac"ing Corporation, 1CRA 54 , >eb.=, 0. 1o that if a lawyer who rendered ser ices to a labor unionwith the "nowledge and ac6uiescence of its <oard is entitled to thereasonable alue of his professional ser ices on a quantum meruit basis, especially if such ser ices redounded to the bene#t of theunion although his appointment as union counsel was not

authoriFed by a <oard Resolution. *;ipolito, +r. s. >errer-Calleja,8 1CRA @/, &ct. , 80.

5 (I a la'yer clai s an, en orces his clai or attorney-s ees@is he re1*ire, to pay ,oc et ees6 7hy6-Mes. A motion for attorney!s fees is in the nature of an actioncommenced by a lawyer against his client for attorney!s fees, hence,doc"et fees should ha e been priory paid before the court could law-fully act on said motion, and decide it. )t may be true that the claimfor attorney!s fees was but an incident in the main case, still, )t isnot an escape al e from the payment of doc"et fees because as inall actions, whether separate or as an o'shoot of a pendingproceedings, the payment of doc"et fees is mandatory. *%acson s.Reyes, @/ 1CRA :/ , >eb. /=, 80.

5( %ay the co*rt o,i y an agree ent or the pay ent o attorney-s ees6-Mes. Courts may modify attorney!s fees pre iously agreed upon bythe parties under a alid contractual stipulation where the amountthereof appears to be unconscionable or unreasonable.

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*Radiowealth >inance Co., )nc. s. )nt!). Corporate <an", @/ 1CRA@=/, >eb. /@, 80.

5( %ay an e0ec*tor or a, inistrator reco&er attorney-s ees orhis ser&ices to the estate6 7hy6

- No. An !"#n#$%& %o& o& '(')*%o& " + ,' o '! /''$ /o& n')'$$ &+ '( 'n$'$ ' $#n)*&&'! ,*% ' " + not &')o '& %%o&n'+ $ /''$ /&o" % ' '$% %'. '&' % '

!"#n#$%& %o& #$ #"$' / % ' )o*n$' /o& % ' '#&$ #% #$ % ' %%'& o "*$% %%o&n'+ $ /''$. L )$on $. R'+'$ supra)

5. I the in,i&i,*al heirs in an estate procee,ings hire, theiro'n la'yers@ is the estate lia+le or attorney-s ees67hy6

o. )n estate proceedings, attorney!s fees are not the obligation of the estate but of the indi idual heirs who indi idually hired theirrespecti e lawyers. The lawyer should collect from the heirsdistributes who indi idually hired him his attorney!s fees accordingto the nature of the ser ices rendered. *1esbreno s. CA, / 4 1CRA=@ , 1ept. , /0.

5 (7hat is the nat*re o an a'ar, o attorney-s ees *n,erArt. > o the Ci&il Co,e6 E0plain.

An award of attorney!s fees as an item of damages is the e$ceptionrather than the rule, and counsel!s fees are not to be awarded e erytime a party wins a suit. The power of the court to award attorney!sfees under Article //8@ of the Ci il Code demands factual, legal ande6uitable justi#cation, without which the award is a conclusionwithout a premise, its basis being improperly left to speculation andconjecture. The court must e$plicitly state thereof the legal reasonfor the award of attorney!s fees. *Central AFucarera de <ais s. CA,

@@ 1CRA 4/@, Aug. 4, 8.0

5 ( 7hen is the principle o quantum meruit applie,6

-)t is applied if a lawyer is employed without a price agreed upon forhis ser ices. )n which case, he would be entitled to recei e whenmerits for his ser ices, as much as he has earned. *%orenFo s. CA,supra

)5. A/ In the a+sence o a 'ritten contract +et'een attorney

an, client@ 'hat actors are to +e consi,ere, in ,eter iningthe a o*nt o attorney-s ees6 8 DD Bar/

B/ 7hat ele ents are generally to +e consi,ere, in f0ingreasona+le co pensation or legal ser&ices ren,ere, on the+asis o 1*ant* er*it6 8 D Bar/

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c/ 7hat are the criteria in ,eter ining the reasona+lea o*nt that ay +e a'ar,e, as attorney-s ees6 Gi&e atleast se&en actors. 8 > Bar/

!/ I the Co*rt ,eci,es that the co*nsel o a party to a caseay reco&er attorney-s ees on the +asis o F1*ant*

er*itF@ 'hat ,oes the or,er o the co*rt ean6 8 8 Bar/E/ 7hat actors *st +e consi,ere, +y the co*rt in,eter ining attorney-s ees in the a+sence o a 'rittencontract6 8 Bar/

"/ 7hat are the actors that sho*l, +e consi,ere, in,eter ining the a o*nt to +e a'ar,e, as attorney-s ees6

8 Bar/

A. The factors, in determining the amount to be awarded asattorney!s fees on a 6uantum meruit are3

. The importance of the subject matter of the contro ersy9

/. The e$tent of the ser ices rendered9 and4. The professional standing of the lawyer *1ec. / , Rule 4@,Re ised Rules of Court0.

1upreme Court decisions mentioned the following factors3 * 0 Theamount and character of the ser ices rendered9 */0 The labor, time, andtrouble in ol ed9 *40 The nature and importance of the litigation or businessin which the ser ices were rendered9 * 0 The responsibility imposed9 *50 Theamount of money or the alue of the property affected by the contro ersy orin ol ed in the employment9 *=0 The s"ill and e$perience called for in theperformance of the ser ices9 *:0 The professional character and socialstanding of the attorney9 and *@0 The results secured, it being a recogniFedrule that an attorney may properly charge a much larger fee when it iscontingent than when it is not.

The Canons of Professional Ethics consider the following factors, namely3* 0 The time and labor re6uired, the no elty and di(culty of the 6uestionsin ol ed and the s"ill re6uired properly to conduct the cause9 */0 Nhetherthe acceptance of employment in the particular case will preclude the law-yer!s appearance for others in cases li"ely to arise out of the transaction, andin which there is a reasonable e$pectation that otherwise he could beemployed in particular case of antagonisms with other clients9 *40 The

customary charges of the <AR for similar ser ices9 * 0 The amount in ol edin the contro ersy and the bene#ts resulting to the client from the ser ices9*50 The contingency or the certainty of the compensation9 and *=0 Thecharacter of the employment, whether casual or for an established andconstant client. *Canons of Professional Ethics, /9 7ambulao %umber. Co. s.P <, B.R. o. %-// :4, +anuary 48, =@0.

5 ( %ay a la'yer +e entitle to co pensation or ser&ices

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FOR PRIVATE AND PERSONAL USE ONLY ________________________________________________________________ he ren,ere,6

-Mes. A lawyer has a right to reco er from his client a reasonablecompensation for his ser ices, e$cept if he agreed to renderser ices for free or gratuitously or if he has been appointed as

counsel de ofcio.

5 ( 7hat are the re1*ire ents +e ore a la'yer ay+eentitle, to co pensation6

- The re6uirements are3 * 0. There must be a lawyer-client relationship or in short,

employment9*/0 There must be rendition of ser ice.

5 -7ho ay not charge attorney-s ees6

- The following may not charge attorney!s ees:0 go ernment lawyers9

/0 e$ecutor or administrator of an estate93 counsel de ofcio e$cept that he may be entitled to a to"en

compensation.

5 ( State so e acts o a la'yer that ay negate thereco&ery o attorney-s ees.

- They are3* 0misconduct, negligence or carelessness9*/0abandonment or withdrawal without client!s consent9*40representing ad erse interest.

5 ( State so e acts that ay not negate a la'yer-s right toattorney-s ees.

- They are3

* 0if the client withdrew the case or compromised it9 and

*/0if he was discharged without alid cause.

5 ( Ho' ay a la'yer en orce his clai or attorney-s ees6

- ;e may do either of two */0 things3* 0#le a petition as an incident of the main action which may be

passed upon by the court if there is something due to theclient in the action9

*/0#le an independent action.

5 - A is the la'yer o B. !*ring the pen,ency o the case@ A

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*/0 client or assignee who recei es the proceeds of the judgmentholds it in trust for the lawyer9

*40judgment debtor who fully satis#es the judgment debt indisregard of the lien is still liable for the full alue thereof,enforceable by e$ecution9

* 0the lien enjoys preference of credit o er a creditor whosubse6uently recorded his credit9 and

*50it gi es the lawyer a standing in the action to protest itsdiscontinuance by the client unless suitable measures for theprotection of his fees are pro ided. )n fact, it has the e'ect ofterminating the client-lawyer relationship.

5 ( Gi&e the +asic re1*ire ent or the &ali,ity o an a'ar,

o attorney-s ees in a ,ecision.-An award of attorney!s fees in the form of damages to be paid bythe losing party must be stated in the dispositi e portion of thedecision gi ing a reason for the said award. )t is necessary for thecourt to ma"e #ndings of facts and law that would bring the casewithin the e$ception to justify the grant of such award. *%antin s.CA, uncited0. An award of attorney!s fees in accordance with Art.//8@ of the Ci il Code demands factual, legal and e6uitable

justi#cation without which the award is a conclusion without apremise its basis being improperly left to speculation and con-

jecture. The reasons for the award must be e$plicitly stated in thete$t of the trial court!s decision, otherwise, it will be disallowedon appeal. *Central AFucarrera de <ais s. CA, @@ 1CRA 4/@9Radiowealth Communication s. RodrigueF, @/ 1CRA @ 0.

5 (Is a go&ern ent(o'ne, or (controlle, corporationrepresente, +y the O3ce o the Go&ern ent CorporateCo*nsel entitle, to attorney-s ees6 7hy6

-Mes. There is, as a matter of principle, no reason why a

go ernment owned or -controlled corporation, or any othergo ernment agency or entity for that matter, which wascompelled to bring suit against a pri ate person or entity in orderto protect its rights and interests, should not be granted anaward of attorney!s fees, where such award would be proper if the suit had been brought by a pri ate entity. Nhile such acorporation, agency, or entity may be represented bygo ernment lawyers, clearly, costs are incurred either by theplainti'-corporation or entity directly or by the general ta$-paying public indirectly, by reason of the default or other breachof contract or iolation of law committed by the defendant.

5 ( The ser&ices o a la'yer 'ere ter inate, +e ore hisclient co pro ise, the case. Is he entitle, to contingent

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attorney-s ees6 7hy6

- o, because he did not participate in the negotiations for thesettlement of the case. 1ince he did not ta"e part in thesettlement, there is ,8 basis for attorney!s fees. ;owe er, if he

participated in the negotiation for settlement of his client!s case,he is entitled to his fees agreed upon. )n fact, the client can e enbe liable for damages for his bad faith if there is any.

5 (%ay a la'yer get the entire property in the litigationa ter the ter ination o the case6 7hy6

o, because that would be unconscionable. A lawyer is notmerely the defender of his client!s cause and a trustee of theclient in respect of the client!s cause of action9 he is also, and#rst and foremost, an o(cer of the court and participates in thefundamental function of administering justice in society. )t followsthat a lawyer!s compensation for professional ser ices renderedare subject to the super ision of the court, not just to guaranteethat the fees he charges and recei es remain reasonable andcommensurate with the ser ices rendered, but also to maintainthe dignity and integrity of the legal profession to which hebelongs. Dpon ta"ing his attorney!s oath as an o(cer of thecourt, a lawyer submits himself to the authority of the courts toregulate his right to charge professional fees. There should ne er

be an instance where a lawyer gets as attorney!s fees the entireproperty in ol ed in the litigation *e en on a contingent feebasis0. )t is unconscionable for the ictor in litigation to losee erything he won to the fees of his own lawyer. *1umaoang s.

+udge, RTC <ranch HHH), Buiniba, ue a Ecija, et ai., / 5 1CRA4:0.

5 (A engage, the ser&ices o a la'yer in the reco&ery o aparcel o lan, consisting o 8 8 s1*are eters. Theyagree, that the attorney-s ee is +ase, on a contingency'here i the property is reco&ere,@ the la'yer-s son 'o*l,

+e entitle, to a *s* r*ct at .; s1*are eters o the lan,or 8> years. Is the contingent ee contract &ali,6 7hy6

- o, because the contract is tantamount to gi ing the property of the client to the lawyer. The contract is deemed e$cessi e. Thereshould not be an instance wherein the ictor in litigation losese erything to his lawyer. *%icudan s. CA, 4 1CRA / 40.

16




THE LA7 E$ A#! SOCIET

CA#O# 8 ( A LA7 E$ SHALL PHOL! THE CO#STIT TIO#@ OBE THE LA7S O" THE LA#! A#! P$O%OTE $ESPECT "O$LA7 A#! LEGAL P$OCESSES.

• $ LE 8.>8 - A lawyer shall not to engage in unlawful, dishonest,immoral or deceitful conduct. Con iction for crimes in ol ing moralturpitude - a number of lawyers ha e been suspended or disbarredfor con iction of crimes in ol ing moral turpitude such as3a. Estafab. <riberyc. 7urderd. 1eductione. Abductionf. 1mugglingg. >alsi#cation of public documents

• 7orality as understood in law - This )s a human standard based onnatural moral law which is embodied in man!s conscience and whichguides him to do good and a oid e il.

• 7oral Turpitude3 any thing that is done contrary to justice, honesty,

modesty or good morals .• )mmoral Conduct3 that conduct which is willful, Oagrant, orshameless and which shows a moral indi'erence to the opinion of the good and respectable members of the community *Artiga 1.7aniwag, 8= 1CRA 5 0.

• Brossly )mmoral Conduct3 &ne that is so corrupt and false as toconstitute a criminal act or so unprincipled or disgraceful as to bereprehensible to a high degree9 it is a N)%%>D%, >%ABRA T or1;A7E%E11 ACT which shows a 7&RA% ) 2)>>ERE CE to theopinion of respectable members of the community. * arag 1.

arag, @0• An attorney may be remo ed not only for malpractice and

dishonesty in his profession but also for gross misconduct notrelated to his professional duties which show him to be an un#t andunworthy lawyer.*Co 1. <ernardino, /@5 1CRA 8/0.

$ LE 8.> ( A lawyer shall not to counsel or abet acti ities aimed atde#ance of the law or at lessening con#dence in the legal system.$ LE 8.>J( A lawyer shall not, for any corrupt moti e or interest,encourage any suit or proceeding or delay any manLs cause.$ LE 8.>9 ( A lawyer shall encourage his clients to a oid, end or settle a

contro ersy if it will admit of a fair settlement.• )f a lawyer #nds that his client!s cause is defenseless, it is his

17




burdenGduty to ad ise the latter to ac6uiesce and submit, ratherthan tra erse the incontro ertible.

• )t is unprofessional for a lawyer to olunteer ad ice to bring alawsuit, e$cept in rare cases where the blood, relationship or trustma"es it his duty to do so.

• Temper client!s propensity to litigate• 1hould not be an instigator of contro ersy but a mediator for

concord and conciliator for compromise.• The law iolated need not be a penal law. I7oral Turpitude? -

e erything which is done contrary to justice, honesty, modesty orgood morals.

• Bi e ad ice tending to impress upon the client and his underta"inge$act compliance with the strictest principles of moral law.

• Dntil a statute shall ha e been construed and interpreted bycompetent adjudication, he is free and is entitled-to ad ise as to its

alidity and as to what he conscientiously belie es to be it justmeaning and e$tent.• A lawyer has the obligation not to encourage suits. This is so as to

pre ent barratry and ambulance chasing.• <arratry - o'ense of fre6uently e$citing and stirring up 6uarrels and

suits, either at law or &therwise9 %awyer!s act of fomenting suitsamong indi iduals and o'ering his legal ser ices to one of them.

• Ambulance Chasing- Act of chasing ictims of accidents for thepurpose of tal"ing to the said ictims *or relati es0 and o'ering hislegal ser ices for the #ling of a case against the person*s0 who

caused the accident*s0.

CA#O# ( A LA7 E$ SHALL %AKE HIS LEGAL SE$ ICESA AILABLE I# A# E""ICIE#T A#! CO# E#IE#T %A##E$CO%PATIBLE 7ITH THE I#!EPE#!E#CE@ I#TEG$IT A#!E""ECTI E#ESS O" THE P$O"ESSIO#.$ LE .>8 - A lawyer shall not reject, e$cept for alid reasons, the causeof the defenseless or the oppressed.

$ LE .> - )n such cases, e en if the lawyer does not accept a case, heshall not refuse to render legal ad ice to the person concerned if only tothe e$tent necessary to safeguard the latter!s rights.$ LE .>J - A lawyer shall not do or permit to be done any act designedprimarily to solicit legal business.

Primary characteristics which distinguish the legal profession from business3

a. 2uty of ser ice, of which the emolument is a by product, and inwhich one may attain the highest eminence without ma"ing suchmoney9

b. A relation as an !o(cer of court! to the administration of justicein ol ing thorough sincerity, integrity and reliability9

c. A relation to clients in the highest degree of #duciary9d. A relation to colleagues at the bar characteriFed by candor, fairness

18




and unwillingness to resort to current business methods of ad ertising and encroachment on their practice or dealing with theirclients.

• 2efenseless - not in the position to defend themsel es due topo erty, wea"ness, ignorance or other similar reasons.

• &ppressed - ictims of acts of cruelty, unlawful e$action, dominationor e$cessi e use of authority.

$*le on A,&ertise ents• Beneral Rule3 o ad ertisements allowed. The most worthy and

e'ecti e ad ertisement possible is the establishment of a well-merited reputation for professional capacity and #delity to trust.

%awyers may not ad ertise their ser ices or e$pertise nor shouldnot resort to indirect ad ertisements for professionalemployment, such as furnishing or inspiring newspapercomments, or procuring his photograph to be published inconnection with causes in which the lawyer has been engaged orconcerning the manner of their conduct, the magnitude of theinterest in ol ed, the importance of the lawyer!s position, and allother self-laudation.

• E0ceptions: Per issi+le a,&ertise ents

1. Reputable law lists, in a manner consistent with the standards of.Conduct imposed by the canons, of brief biographical andinformati e data, are allowed. *Dlep s. %egal Clinic, )nc., //41CRA 4:@0

2. &rdinary simple professional Card. )t may contain only astatement of his name, the name of the law #rm which he isconnected with, address, telephone number and the specialbranch of law practiced. *Dlep s. %egal Clinic, )nc., / 4 1CRA4:@0

3. A simple announcement of the opening of a law #rm or of changes in the partnership, associates, #rm name or o(ceaddress, being for the con enience of the profession, is notobjectionable. *Dlep s. %egal Clinic, )nc., //4 1CRA 4:@0

4. Ad ertisements or simple announcement of the e$istence of alawyer or his law #rm posted anywhere it is proper such as hisplace of business or residence e$cept courtrooms andgo ernment buildings.

5. Ad ertisements or announcement in any legal publication,

including boo"s, journals, and legal magaFines and in telephonedirectories.

19




$ LE .>9 ( A lawyer shall not charge rates lower than thosecustomarily prescribed unless the circumstances so warrant.

• A lawyer cannot delay the appro al of a compromise agreemententered into between parties, just because his attorney!s fees were

not pro ided for in the agreement.• Rule3 A lawyer cannot compromise the case without client!s

consent *special. authority0.E$ception3 %awyer has e$clusi e management of the proceduralaspect of the litigation lawyer is confronted with an emergencyand promptGurgent action is necessary to protect clients interestand there!s no opportunity for consultation, the lawyer maycompromise.

• Rule3 Refrain from charging rates lower than the customary rates.alid +usti#cation3 relati es, co-lawyers, too poor.

CA#O# J ( A LA7 E$ I# %AKI#G K#O7# HIS LEGAL SE$ ICESSHALL SE O#L T$ E@ HO#EST@ "AI$@ !IG#I"IE! A#! OBMECTI EI#"O$%ATIO# O$ STATE%E#T O" "ACTS.

$ LE J.>8 - A lawyer shall not use or permit the use of any false,fraudulent, misleading, decepti e, undigni#ed, self-laudatory or unfair

statement or claim regarding his 6uali#cations or legal ser ices.$ LE J.> - )n the choice of a #rm name, no false, misleading orassumed name shall be used. The continued use of the name of adeceased partner is permissible pro ided that the #rm indicates in all itscommunications that said partner is deceased.

$ LE J.>J - Nhere a partner accepts public o(ce, he shall withdrawfrom the #rm and his name shall be dropped from the #rm name unlessthe law allows him to practice law concurrently.

$ LE J.>9 - A lawyer shall not payor gi e anything of alue torepresentati es of the mass media in anticipation of, or in return for,publicity to attract legal business.

• )t is unethical to use the name of a foreign #rm.• 2eath of a partner does not e$tinguish attorney-client relationship

with the law #rm.

egligence of a member in the law #rm is negligence of the #rm.

CA#O# 9 ( A LA7 E$ SHALL PA$TICIPATE I# THE !E ELOP%E#TO" THE LEGAL S STE% B I#ITIATI#G O$ S PPO$TI#G E""O$TSI# LA7 $E"O$% A#! I# THE I%P$O E%E#T O" THE

20




A!%I#IST$ATIO# O" M STICE . E$amples3 Presenting position papers or resolutions for the

introduction of pertinent bills in Congress9 Petitions with the1upreme Court for the amendment of the Rules of Court.

CA#O# ; ( A LA7 E$ SHALL KEEP AB$EAST O" LEGAL!E ELOP%E#TS@ PA$TICIPATE I# CO#TI# I#G LEGAL E! CATIO#P$OG$A%S@ S PPO$T E""O$TS TO ACHI E HIGH STA#!A$!S I#LA7 SCHOOLS AS 7ELL AS I# THE P$ACTICAL T$AI#I#G O" LA7ST !E#TS A#! ASSIST I# !ISSE%I#ATI#G I#"O$%ATIO#$EGA$!I#G THE LA7 A#! M $ISP$ !E#CE .

&bjecti es of integration of the <ar• To ele ate the standards of the legal profession• To impro e the administration of justice.• To enable the <ar to discharge its responsibility more

e'ecti ely.

The three-fold obligation of a lawyer• >irst, he owes it to himself to continue impro ing his "nowledge

of the laws9• 1econd, he owes it to his profession to ta"e an acti e interest in

the maintenance of high standards of legal education9• Third, he owes it to the lay public to ma"e the law a part of their

social consciousness.

CA#O# D ( THESE CA#O#S SHALL APPL TO LA7 E$S I#GO E$#%E#T SE$ ICE I# THE !ISCHA$GE O" THEI$ O""ICIALTASKS.

• Public &(cials - include electi e and appointi e o(cials andemployees, permanent or temporary, whether in the career or non-career ser ice, including military and police personnel, whether ornot they recei e compensation, regardless of amount. *1ec. 4 *b0,RA =: 40.

•

The law re6uires the obser ance of the following norms of conductby e ery public o(cial in the discharge and e$ecution of theiro(cial duties3a. Commitment to public interestb. Professionalismc. +ustness and sincerityd. Political neutralitye. Responsi eness to the publicf. ationalism and patriotismg. Commitment to democracyh. 1imple li ing *1ec. , RA =: 40

$ LE D.>8 ( The primary duty of a lawyer engaged in public prosecution

21




is not to con ict but to see that justice is done. The suppression of factsor the concealment of witnesses capable of establishing the innocence of the accused is highly reprehensible and is cause for disciplinary action.

$ LE D.> ( A lawyer in the go ernment ser ice shall not use his publicposition to promote or ad ance his pri ate interests, nor allow the latterto interfere with his public duties.$ LE D.>J ( A lawyer shall not, after lea ing a go ernment ser ice,accept engagement or employment in connection with any matter inwhich he had inter ened while in said ser ice.

• arious ways a go ernment lawyer lea es go ernment ser ice3a. Retirementb. Resignationc. E$piration of the term of o(ced. 2ismissale. Abandonment

5: 7hat are the pertinent stat*tory pro&isions regar,ingthis $*le6

1ec. 4 *d0 RA 48 as amended and 1ec. : *b0, RA =: 41ec 4. Corrupt practice of Public &(cers. )n addition to acts or omissionof public o(cers already penaliFed by e$isting law, the following shallconstitute corrupt practice of any public o(cer and are herebydeclared to be unlawful3*d0 accepting or ha ing any member of his family accept employmentin a pri ate enterprise which has pending o(cial business with himduring the pendency thereof or within one year3 after termination.

1ection : *b0 of RA =: 4 prohibits o(cials from doing any of thefollowing acts3

. &wn, control, manage or accept employment as o(cer,employee, consultant,

counsel, bro"er, agent, trustee or nominee in any pri ateenterprise regulated,super ised or licensed by their o(ce unless e$pressly allowed by

law.

These prohibitions shall continue to apply for a period of one * 0

year after resignation, retirement, or separation from publico(ce, e$cept in the case of subparagraph *b0 */0 abo e, but theprofessional concerned cannot practice his profession inconnection with any matter before the o(ce he used to be with,in which case the one year prohibition shall li"ewise apply.

5 (State the +asic ,*ties o a la'yer to society.

-The Code of Professional Responsibility mandates that3. A lawyer shall uphold the Constitution, obey the laws of the land

and promote respect for law and legal processes9/. A lawyer shall ma"e his legal ser ices a ailable in an e(cient

and con enient manner compatible with the independence,integrity, and e'ecti eness of the profession9

22




4. A lawyer in ma"ing "nown his legal ser ices shall use only true,honest, fair, digni#ed and objecti e information or statement of facts9

. A lawyer shall participate in the de elopment of the legal systemby initiating or supporting efforts in law reform and in the

impro ement of the administration of justice95. A lawyer shall "eep abreast of legal de elopment, participate incontinuing legal education programs, support e'orts to achie ehigh standards in law schools as well as in the practical trainingof law students and assist in disseminating information regardingthe law and jurisprudence9

=. These canons shall apply to lawyers in go ernment ser ice in thedischarge of their o(cial tas"s.

5 ( A la'yer proc*re, personal loans ro the co plainantthro*gh insin*ations o his po'er as an inN*ence pe,,lerat the B*rea* o C*sto s@ an, iss*e, +a, chec s. I ana, inistrati&e case is fle, against hi @ can he interposethe ,e ense that his con,*cts 'ere not connecte, to thepractice o his pro ession6 E0plain.

-No. Rule 1.01, Chapter 1 entitled The La !er and So"iet! o# the Code o# $ro#e%%ional Re%pon%i&ilit! hi"h re'uire% that a la !er %hall not en(a(e inunla #ul, di%hone%t, i))oral and de"eit#ul "ondu"t doe% not li)it it%el# to

"ondu"t e*hi&ited in "onne"tion ith the per#or)an"e o# pro#e%%ional dutie%.Hi% propin'uit! #or e)plo!in( de"eit and )i%repre%entation% a% ell a% hi%"a+alier attitude to ard% in"urrin( de&t% ithout the lea%t intention o# repa!in( the) i% reprehen%i&le. Thi% di%tur&in( &eha+ior "annot &e toleratede%pe"iall! i# the la !er i% an o##i"er o# the "ourt.

5 ( 7hat is the la'yer-s pri ary ,*ty to society6

- The lawyer!s primary duty to society or to the 1tate is touphold the Constitution, obey the laws of the land and promoterespect for law and legal processes. *Canon , Code of Professional Responsibility0. Thus, it has been said that ?to saythat lawyers must at all times uphold and respect the law is tostate the ob ious?. Considering that, ?of all classes of professions, lawyers are most sacredly bound to uphold thelaw,? (Ex parte Nall, 8: D.1. /=59 cited in 7alcolm, %egal and

+udicial Ethics, p. / 0, it is imperati e that they li e by the law.Accordingly, lawyers who iolate their oath and engage indeceitful conduct ha e no place in the legal profession.* ictoriano P. Resurreccion s. Atty. Ciriaco C. 1ayson, Adm.Case o. 84:, 8 1CA2 =5 , 2ecember , @0.

5 (7here is the ,*ty o a la'yer to *phol, the constit*tion@

23




o+ey the la'@ etc. enshrine,6

- The duty of a lawyer to uphold the Constitution, obey the lawsof the land and promote respect for the law and legal processesis enshrined in the Attorney!s &ath which e ery lawyer must ta"ebefore he may practice law. 1uch oath runs thus3

?)... do hereby solemnly swear that ) will maintain allegiance tothe Republic of the Philippines9 ) will support its Constitution andobey the laws as well as the legal orders of the duly constitutedauthorities therein9 ) will do no falsehood, nor consent to the do-ing of any in court9 ) will not wittingly or willingly promote or sueany groundless, false or unlawful suit, or gi e aid nor consent tothe same9 ) will delay no man for money or malice9 and willconduct myself as a lawyer according to the best of my"nowledge and discretion, with all good #delity as well to thecourts as to my clients9 and ) impose upon myself this oluntaryobligation without any mental reser ation or purpose of e asion.1o help me Bod.?

5 (A la'yer 'as con&icte, o the cri e o esta a. Can he +e,is+arre,6 7hy6

-Mes, because for ha ing been con icted of estafa, such lawyerdoes not possess good moral character. A lawyer who had beencon icted of estafa does not possess moral turpitude. 7oralturpitude includes e erything which is done contrary to justice,honesty and good morals. Estafa, no doubt, is a crime in ol ingmoral turpitude because the act is un6uestionably against

justice, honesty and good morals. Bood moral character is notonly a condition precedent to admission to the legal profession,but it must also remain e$tant in order to maintain one!s goodstanding in that e$clusi e and honored fraternity.

%aw is a noble profession, and the pri ilege to practice it isbestowed only upon indi iduals who are competent intellectually,academically and e6ually important, morally. <ecause they are

anguards of the law, and the legal system, lawyers must at all

times conduct themsel es, especially in their dealings with theirclients, and the public at large, with honesty and integrity in amanner beyond reproach. * ictoriano &. Resurrection s. Atty.Ciriaco 1ayson, Adm. Case o. 84:, 2ecember , @, 81CA2 =5 0

5 ( %ay a la'yer 'ho 'as con&icte, o the cri e o &iolation o B.P. Big. +e ,is+arre,6 7hy6

-Mes. The issuance of a bouncing chec" imports deceit andiolation of the attorney!s oath and the Code of ProfessionalResponsibility which re6uires him to obey the laws of the land.

24




Con iction of a crime in ol ing moral turpitude might not relateto the e$ercise of the profession of a lawyer, but it certainly re-lates to and a'ects the good moral character of a personcon icted of such o'ense. *People s. Tuanda, @ 1CRA = /0. )tmust be emphasiFed that the nature of the o(ce of a lawyer

re6uires that he shall be a person of good moral character. This6uali#cation is not only a condition precedent to an admission tothe practice of law9 its continued possession is also essential forremaining in the practice of law. * ictoriano P. Resurreccion s.Atty. Ciriano 1ayson, supra).

5 (BG@ a la'yer +orro'e, the recor,s o a case. He@ho'e&er@ stole so e e0hi+its +y tearing the o=. Can he+e ,is+arre,6 7hy6

-Mes, <B can be disbarred. Nell settled is the rule that a lawyershall not engage in unlawful, dishonest, immoral or deceitfulconduct. The act of stealing the e$hibits can be considered as anunlawful and dishonest act of a lawyer, a iolation of his boundenduty under the Code of Professional Responsibility. )n the case atbar, <B has descended to the le el of a common thief *>ernandeF

s. <enjamin Brecia, Adm. Case o. 4= , +une :, 4, /1CA2 4@0.

5 (One o the essential 1*alifcations or a la'yer toaintain his stan,ing in the legal pro ession is honesty.Gi&e e0a ples o ,ishonest an, ,eceit *l con,*ct o ala'yer.- They are3

. 7isappropriating a client!s fund * uilban s. Robinol, :1CRA := 09

/. Bi ing false statements under oath in an information sheetsubmitted in connection with a lawyer!s application for theposition of Chief of Police *Calo s. 2egano, /8 1CRA :09

4. 7aneu ering recon eyance of property in the name of thelawyer instead of the client in a case in ol ing sale with

pacta de retro *)mbuido s. >idel 1or 7angonon, 1CRA:=809

. >alsi#cation of grades in the <ar E$aminations (In re: 2elRosario, 5/ Phil. 4 09

5. 2elayed failure to account money collected for the client*%icuanan s. 7elo, :8 1CRA 8809

=. )nducing someone to buy a parcel of land "nowing that it isnot for sale (In re: uiambao, 8/ Phil. 809 and

:. 1tealing e idence attached to the court records.*>ernandeF s. Brecia, Adm. Case o. 4= , +une :, 4,

/ 1CA2 4@0.

25




E0a inations 'here B practically 'as the one 'ho spentor hi ,*ring his st*,ies. A a+an,one, her an, arrie,

C. Can A aintain his stan,ing in the legal pro ession67hy6

- o, because he iolated his duty not to engage in immoralconduct. ;e made a dupe of his wife, li ing on her bounty andallowing her to spend for his schooling and marrying another girlas soon as he #nished his studies. *Terre s. Terre, / 1CRA =0.

5 ( 7hat is +arratry6

- <arratry is the o'ense of fre6uently e$citing and stirring up6uarrels and suits, either at law or otherwise. )t is a lawyer!s actof fomenting suits among indi iduals and o'ering his legalser ices to one of them.

5 ( 7hat is an a +*lance chaser6

-Ambulance chaser is a lawyer who haunts hospitals and isitsthe homes of a'ected, o(ciously intruding their presence andpersistently o'ering his ser ices on the basis of a contingent fee.*Nar elle, %egal Ethics, pp. 5=-5:0.

5 ( A fle, a s*it against B. They entere, into a co (pro ise agree ent +*t @ the la'yer B o+<ecte, to itas his attorney-s ees ha&e not +een pai,. Is the act o

proper6 7hy6

- o. )t is the sworn duty of a lawyer not to delay any man!scause for money or malice. A lawyer cannot delay theappro al of a compromise agreement entered into betweenthe parties, just because his attorney!s fees were not pro idedfor in the agreement. *+esal a s. <autista, 85 Phil. 4 @0.

5 ( One o the ,*ties o a la'yer is that@ he shall not@ orcorr*pt oti&e or interest@ enco*rage any s*it orprocee,ing or ,elay any an-s ca*se. Gi&e e0a ples oinstances o ,elay 'hich can +e consi,ere, con,e na+le.

A 1. - They are3

. Resorting to technicalities to frustrate justice *Economic)nsurance Co., )nc. s. Dy Realty Co., 4 1CRA : 509

/. >iling of multiple or repetitious petitions which ob iously delaythe e$ecution of a #nal and e$ecutory judgment *Babriel s. CA,:/ 1CRA /:409

27




4. >iling of se eral actions co ering the same subject matter orsee"ing substantially identical relief *7acias s. Dy Qim, 5 1CRA/5 0 or what is otherwise "nown as forum shopping9

. >iling of fri olous appeals for purposes of delay9

/. >iling of motions for postponement and other "inds of motion fordilatory purposes9

=. )ndiscriminate #ling of suits against a party clearly intended forharassment. * 2imagiba s. 7ontal o, +r., /8/ 1CRA = 0.

5 ( 7hat is the ,*ty o a la'yer in atters o set tle ent o cases an, 'hy6

-A lawyer shall encourage his clients to a oid, end or settle acontro ersy if it will admit of a fair settlement. The reason is that,it will sa e the client from additional e$penses and help pre entthe clogging of court doc"et. *Pajares s. Abad 1antos, 48 1CRA: @0.

5 ( A ter the ren,ition o fnal an, e0ec*tory <*,g ent in an*nla' *l ,etainer case@ a la'yer atte pte, to n*lli y the,ecision o the %TC@ %anila. Is the act o the la'yer

proper6 7hy6- o, because the act e inced a deliberate intent to prolong anddelay the ine itable e$ecution of a #nal decision. A lawyer!s oathis a solemn agreement in dedicating oneself to the pursuit of

justice, not mere #cti e of words, drift and hallow, but sacredtrust. )n so doing, the lawyer iolated his duty not to encourageany suit or proceeding or delay a man!s cause for corrupt moti eor interest. *7asinsin, et al. s. ;on. Ed incent 1. Albano, et al.,B.R. o. @= / , 7ay 4 , , 5 1CA2 :=0.

5 ( 7hat sho*l, a la'yer ,o i he cannot accept a case6

- )f for alid reasons, a lawyer cannot accept a case, he shouldinstead gi e immediate legal ad ice. ;e should not refuse topro ide legal ad ice. ;e can e en refer the case to anotherlawyer who can pro ide prompt assistance.

5 ( 7hat are so e o the characteristics o the legalpro ession 'hich ,isting*ish it ro +*siness6

They are3

. A duty of public ser ice of which the emolument is a by-product and in which one may attain the highest eminence

28




without ma"ing much money9

/.A relation as an o(cer of court to the administration of justicein ol ing thorough sincerity, integrity and reliability9

4. A relation to clients in the highest degree of #duciary9 and

.A relation to colleagues at the bar characteriFed by candor,fairness and unwillingness to resort to current business methodsof ad ertising and encroachment on their practice, or dealingdirectly with their clients. (In re: 1ycip, / 1CRA 0.

5 ( E0plain the principle that the practice o la' is apro ession an, not a oney a ing tra,e.

- The rule is so, because in the #$ing of attorney!s fees, itmust not be forgotten that the profession is a branch of theadministration of justice and not a mere moneyma"ing trade.*+ayme s. <ualan, 5@ Phil. //0. )t is not a business but aprofession. (In re: Tagorda, 54 Phil. 4:0. Counsel of repute andof eminence welcome opportunities to be appointed counselde ofcio for this ma"es manifest the principle that the practiceof law is dedicated to the ideal of ser ice and not a meretrade. *%edesma s. Climaco, 5: 1CRA :40.

5 ( A la'yer p*+lishe, in a ne'spaper that arriage license

ay +e pro ptly sec*re, thro*gh his assistance an, theannoyance o ,elay or p*+licity is a&oi,e, i ,esire, an,

arriage arrange, to the 'ishes o the parties. 7as theact proper6 7hy6

- o, the ad ertisement was a Oagrant iolation of the ethics ofhis profession it being a braFen solicitation of business from thepublic.

)t is highly unethical for an attorney to ad ertise his talents ors"ills as a merchant ad ertises his wares. %aw is a profession and

not a trade. The lawyer degrades himself and his profession whostoops to and adopts the practice of mercantilism by ad ertisinghis ser ices or o'ering them to the public. *2irector of ReligiousA'airs s. <ayot, : Phil. 5: 0.

5 ( 7hat is the +est or o a,&ertise ent o a la'yer6

-The most worthy and e'ecti e ad ertisement possible e en for alawyer is the establishment of a well merited reputation forprofessional capacity and #delity to trust. This cannot be forcedbut must be the outcome of character and conduct. *2irector of Religious A'airs s. <ayot, : Phil. 5: 0.

29




5 ( 7hen ay a la'yer a e a p*+lication or a,&ertise entin ne'spapers@ etc.6

-A lawyer may ma"e certain publications or ad ertisements innewspapers, or periodicals or magaFines about the opening of a law o(ce, stating the names of the lawyers and the addressof the o(ce or the #rm. Publication in reputable law lists, in amanner consistent with the standards of conduct imposed bythe canon, of brief biographical or informati e data isallowable. *Dlep s. The %egal Aid Clinic, )nc., <ar 7atter o.554, +une :, 40.

5 ( 7hat sho*l, a la' fr ,o i a partner has alrea,y ,ie,6E0plain.

-)f a partner died, the name of the deceased may still be used bythe #rm, pro ided, that there is an indication that said partner isalready dead and the date or year of his death. The purpose is toa oid the tendency of improperly e$ploiting its ad ertising alue.*)n the matter of the Petition for Authority to Continue Dse of the>irm ame &Faeta, Romulo, 2e %eon, 7abanta and Reyes, /1CRA 0.

5 ( %ay a la'yer 'ho atte pts to engage in opi* ,eal +e,iscipline,6 7hy6-Mes, because he may not only be remo ed for malpractice anddishonesty in his profession, but also for gross misconduct notrelated to his professional duties which show him to be an un#tand unworthy lawyer. The courts are not curators of morals of thebar. At the same time, the profession is not compelled to harborall persons whate er their character, who are fortunate enoughto "eep out of prison. A good character is an essential6uali#cation for admission of an attorney to practice, when theattorney!s character is bad in such respects as to show that he isunsafe and un#t to be entrusted with the powers of an attorney,

the courts retain the power to discipline him $ $ $. &f all classesand professions, the lawyer is most sacredly bound to uphold thelaw. *Piatt s. Abordo, 5@ Phil. 4589 Co s. Atty. <ernardino, A.C.

o. 4 , +an. /@, @, 8 1CA2 :580.

THE LA7 E$ A#! THE LEGAL P$O"ESSIO#

CA#O# ( A LA7 E$ SHALL AT ALL TI%ES PHOL! THE

30



FOR PRIVATE AND PERSONAL USE ONLY ________________________________________________________________ I#TEG$IT A#! !IG#IT O" THE LEGAL P$O"ESSIO# A#! S PPO$TTHE ACTI ITIES O" THE I#TEG$ATE! BA$.

$ LE .>8 - A lawyer shall be answerable for "nowingly ma"ing a falsestatement or suppressing a material fact in connection with his applicationfor admission to the bar.

$ LE .> - A lawyer shall not support the application for admission tothe bar of any person "nown by him to be un6uali#ed in respect to character,education, or other rele ant attribute.

$ LE .>J - A lawyer shall not engage in conduct that ad ersely reOectson his #tness to practice law, nor shall he, whether in public or pri ate life,beha e in scandalous manner to the discredit of the legal profession.

• Dpright character9 not mere absence of bad character.• A lawyer must at all times conduct himself properly as not to put

into 6uestion his• A oid scandalous conduct9 not only re6uired to refrain from

adulterous relationships or the "eeping of mistress but must alsobeha e himself as to a oid scandaliFing the public by creating thebelief that he is Oouting those moral standards. .

CA#O# ( A LA7 E$ SHALL CO#! CT HI%SEL" 7ITH CO $TES @"AI$#ESS A#! CA#!O$ TO7A$! HIS P$O"ESSIO#AL COLLEAG ES@A#! SHALL A OI! HA$ASSI#G TACTICS AGAI#ST OPPOSI#GCO #SEL.

$ LE .>8 - A lawyer shall not, in his professional dealings, use languagewhich is abusi e, o'ensi e or otherwise improper.

$ LE .> - A lawyer shall not, directly or indirectly, encroach upon theprofessional employment of another lawyer9 howe er, it is the right of anylawyer, without fear or fa or, to gi e proper ad ice and assistance to thosesee"ing relief against unfaithful or neglectful counsel.• )t is the duty of a lawyer to inform the 1C or the )<P of such malpractice to

the endthat the malpractitioner be properly disciplined.

• ot to use in pleadings and in practice the following3 disrespectful,abusi e and abrasi e language, o'ensi e personalities, unfoundedaccusations or intemperate words tending to obstruct, embarrass orinOuence the court in administering justice.

• Nant of intention3 not an e$cuse for the disrespectful language used )tmerely

e$tenuates liability.

• A lawyer, both as an o(cer of the court and as a citiFen, may criticiFe inproperly respectful terms and through legitimate channels the act of courts and judges. <ut it is the cardinal condition of all such criticism that

31




it shall be bona fde, and shall not spill o er the walls of decency andpropriety. (In Re: Alrr acen, 4 S RA 5=/0

CA#O# ( A LA7 E$ SHALL #OT@ !I$ECTL O$ I#!I$ECTL @ ASSISTI# THE #A THO$I E! P$ACTICE O" LA7.

$ LE .>8 - A lawyer shall not delegate to any un6uali#ed person theperformance of any tas" which by law may only be performed by a memberof the <ar in good standing.

$ LE .> - A lawyer shall not di ide or stipulate to di ide a fee for legalser ices with persons not licensed to practice law, e$cept3

a0 Nhere there is a pre-e$isting agreement with a partner or associatethat, upon the latter!s death, money shall be paid o er a reasonableperiod of time to his estate or to persons speci#ed in the agreement9 or

b0 Nhere a lawyer underta"es to complete un#nished legal business of adeceased lawyer9 or

c0 Nhere a lawyer or law #rm includes non-lawyer employees in aretirement plan, e en if the plan is based in whole or in part, on a pro#t-sharing arrangement.

that3• %awyer shall not negotiate with the opposite party who is represented by

a counsel. either should the lawyer attempt to inter iew the oppositeparty and 6uestion him as to the facts of the case e en if the ad erseparty is willing to do so.

• %awyer should deal only with counsel, e en if there!s a fair agreement.

• %awyer may howe er, inter iew any witness or prospecti e witness for theopposing side..9%imitation3 a oid inOuencing witness in recital and conduct.

• A lawyer must not ta"e as partner or associate one who3. )s not a lawyer

/. )s disbarred

4. ;as been suspended from the practice of law. >oreign lawyer, unless licensed by the se.

• A lawyer cannot delegate his authority without client!s consent e en to a6uali#edperson.

5 ( State the +asic responsi+ilities o a la'yer to the legalpro ession.

The Code of Professional Responsibility mandates that3. A lawyer shall at all times uphold the integrity and dignity of the

legal profession and support the acti ities of the integrated bar9

32




/. A lawyer shall conduct himself with courtesy, fairness, andcandor toward his professional colleagues and shall a oidharassing tactics against opposing counsel9 and

4. A lawyer shall not, directly or indirector, assist in the unauthoriFed

practice of law.

5 ( 7hat sho*l, a la'yer ,o to aintain his ftness to practicela'6

- ;e should maintain good moral character during the continuanceof the practice and the e$ercise of the pri ilege to practice law.* uingwa s. Puno, 1CRA 4 0. ;e should a oid brushes with thelaw9 he should not assist anyone in the commission of crimes. ;e ise$pected to be concerned e en with matters li"e payment of hismembership dues to the )ntegrated <ar of the Philippines (In re:Edillon, @ 1CRA 55 0 and the payment of his pri ilege ta$,otherwise, he may be disciplined. *D1 s. Barner, Phil. @0.

5 ( 7hat is an e0a ple o an act o a la'yer that 'o*l,pre&ent the ,iscre,it o the legal pro ession +y his o'n acts6

- A lawyer must not only be of good moral character, but also beseen to be of good moral character and leading li es in accordancewith the highest moral standards of the community. ;e shouldrefrain from adulterous relationships or the "eeping of mistressesbut must also beha e himself as to a oid scandaliFing the public bycreating the belief that he is Oouting those moral standards. *Tolosa

s. Cargo, : 1CRA / 0.

5 ( Ho' sho*l, a la'yer act in relation to his peers6

-;e shall conduct himself with courtesy, fairness and candor towardshis colleagues and should a oid harassing tactics against opposingcounsel. *Canon @0. ;e should not use language which is abusi e,o'ensi e or otherwise improper. *Canon @.8 0. ;e should not encroachupon the professional employment of another lawyer. *Canon @.8/0.

5 ( E0plain the e=ects i a la'yer *ses inte perate@ a+*si&e@a++rasi&e or threatening lang*age.

- ;e can be cited for contempt or the courts may use their disciplinarypowers. * aldi ar s.BonFales, ==1CRA 4 =0. )f a lawyer attac"swithout foundation the integrity of another lawyer, the court may orderthe same be stric"en o' the records. >or cases are not won by suchlanguage.

33




5 ( 7hen is a strong lang*age against a <*,ge <*stife,6

-)f the use of a strong language is impelled by the same language of the judge. ;ence, if e eryone is to blame for the language, it is the

judge himself who pro o"ed it. >or, if the judge desires not to beinsulted, he should start using temperate language himself9 for, he whosows the wind will reap a storm. *>ernandeF s. ;on. <ello, 8: Phil.

80.

5 ( %aya la'yer encroach *pon the e ploy ent o anotherla'yer6 E0plain.

o. )t is highly unethical for a lawyer to e$ert e'orts directly or

indirectly, in any way, to encroach upon professional employment of another. *Rule @.8/0. ;owe er, if a lawyer has already withdrawn hisappearance for a client, the entry of his appearance is no longer anencroachment upon the business of another lawyer. *%aput s.Ramonti6ue, = 1CRA 50.

5 ( %ay a la'yer ,i&i,e a ee or legal ser&ices 'ith one 'ho isnot license, to practice la'6 Is the r*le a+sol*te6

- A lawyer shall not di ide or stipulate to di ide a fee for legal ser iceswith persons not licensed to practice law. The rule is not absolute asthere are e$ceptions li"e3

. Nhere there is a pre-e$isting agreement with a partner orassociate, that, upon the latter!s death, money shall be paid o er areasonable period of time to his estate or ,to the person speci#ed inthe agreement9 or

/. Nhere a lawyer underta"es to complete un#nished business of adeceased lawyer9 or

4. Nhere a lawyer or law #rm includes non-lawyer employees in aretirement

plan, e en if the plan is based in whole or in part on a pro#t sharingarrangement. *Rule .8/ Sa , Sb , Sc 0.

5 ( 7hat is the reason or the general r*le a+o&e state,6

-The reason is that, if attorney!s fees were allowed to non-lawyers, itwould lea e the public in hopeless confusion in case of necessity

and also to lea e the bar in a chaotic condition, aside from the factthat non-lawyers are not amenable to disciplinary measures.*PA>%D s <inalbagan )sabela 1ugar Co / 1CRA 4840

34




5 ( 7hy a la'yer cannot ,elegate his a*thority to *n1*alife,persons to practice la'6

This is by reason of public policy. The practice of law is limited only toindi iduals duly 6uali#ed in moral character and education and whopassed the <ar E$amination. Public policy demands that legal wor" beentrusted only to those possessing tested 6uali#cations and who aresworn to obser e the rules and the ethics of the profession, as well asbeing subject to judicial disciplinary control for the protection of thecourts, clients and the public. *PA>%D case, supra).

THE LA7 E$ A#! THE CO $TS

CA#O# 8> ( A LA7 E$ O7ES CA#!O$@ "AI$#ESS@ A#! GOO!"AITH TO THE CO $T.

$ LE 8>.>8 - A lawyer shall not do any falsehood, nor consent to the

doing of any in Court9 nor shall he mislead, or allow the Court to be misled byany arti#ce9

$ LE 8>.> - A lawyer shall not "nowingly mis6uote or misrepresent thecontents of a paper, the language or the te$t of a decision or authority, or"nowingly cite as law a pro ision already rendered inoperati e by repeal oramendment or assert as a fact that which has not been pro ed9

$ LE 8>.>J - A lawyer shall obser e the rules of procedure and shall notmisuse them to defeat the ends of justice.

• +udge-lawyer relationship3 based on independence and self-respect.

• !a"yer#s duty to t$e court:a. Respect and loyaltyb. >airness, truth and candor c. o attempt to inOuence courts

• ases o alse$ood:a. 1tating in the 2eed of 1ale that property is free from all liens and

encumbranceswhen not so

b. Encashing chec" payable to a deceased cousin by signing the latter!s

name onthe chec"c. >alsifying a power of attorney and using it in collecting the money due

35



FOR PRIVATE AND PERSONAL USE ONLY ________________________________________________________________ to the

principal.d. Alleging in one pleading that the clients were mere lessees and in

anotherpleading that the same clients were owners

e. Presenting falsi#ed documents in court which he "nows to be falsef. >iling false charges on groundless suitsg. Dsing in pleadings the )<P number of another lawyerh. Dnsolicited appearancesi. Dse of #ctitious residence certi#cate

j. 7is6uotationGmisrepresentation". Citing a repealed or amended pro ision

+. Asserting a fact not pro edm. erbatim reproductions down to the last word and punctuation mar"n. 1light typo mista"e3 not su(cient to place him in contempt

CA#O# ll. (A LA7 E$ SHALL OBSE$ E A#! %AI#TAI# THE$ESPECT ! E TO THE CO $TS A#! TO M !ICIAL O""ICE$S A#!SHO L! I#SIST I# SI%ILA$ CO#! CT B OTHE$S .

$ LE 88.>8( A lawyer shall appear in court properly attired.

• A la'yer ay #OT 'ear o*tlan,ish or color *l clothing to co*rt.

• As an o(cer of the court and in order to maintain the dignity and

respectability of the legal profession, a ) lawyer who appears in courtmust be properly attired. Conse6uently, the court can hold a lawyer )C& TE7PT of court if he does not appear in proper attire. Any de iationfrom the commonly accepted norm of dressing in court *barong or tie, not bot$) is enough to warrant a citing for contempt.

$ LE 88.> ( A lawyer shall punctually appear at court hearing.

$ LE 88.>9 - A lawyer shall not attribute to a +udge moti es notsupported by the record or ha e no materiality to the case.

$ LE 88.>; - A lawyer shall submit grie ances against a +udge to theproper authorities.• A lawyer is an o(cer of the court. ;e occupies a 6uasi-judicial o(ce with

a tripartiteobligation to the courts, to the public and to his clients.

• The public duties of the attorney ta"e precedence o er his pri ate duties.;is #rst duty is to the courts. Nhere duties to the courts conOict with hisduties to his clients, the latter must yield to the former.

• %awyers must be respectful not only in actions but also in the use of

36




language whether in oral arguments or in pleadings.

• 7ust e$ert e'orts that others *including clients, witnesses0 shall deal withthe courts and judicial o(cers with respect.

• &bedience to court orders and processes.

• Criticisms of courts must not spill the walls of decency. There is a widedi'erence between fair criticism and abuse and slander of courts and

judges. )ntemperate and unfair criticism is a gross iolation of the duty torespect the courts. )t amounts to misconduct which subjects the lawyer todisciplinary action.

• A mere disclaimer of any intentional disrespect by appellant is not aground for e$oneration. ;is intent must be determined by a fair

interpretation of the languages employed by him. ;e cannot escaperesponsibility by claiming that his words did not mean what any readermust ha e understood them to mean.

• %awyer can demand that the misbeha ior of a judge be put on record.

• %awyers must be courageous enough to e$pose arbitrariness and injusticeof courts and judges.

• A lawyer may submit grie ances against judges in the 1upreme Court,&mbudsman?,or Congress *for impeachment of 1C judges only0.

CA#O# 8 ( A LA7 E$ SHALL E E$T E E$ E""O$T A#!CO#SI!E$ IT HIS ! T TO ASSIST I# THE SPEE! A#! E""ICIE#TA!%I#IST$ATIO# O" M STICE.• The Court further commented that it is understandable for a party

in the situation to ma"e full use of e ery concei able legal defensethe law allows it. )n the appraisal, howe er, of such attempts to

e ade liability to which a party should respond, it must e er be"ept in mind that procedural rules are intended as an aid to justice,not as means for its frustration. Technicalities should gi e way tothe realities of the situation. (Economic Insurance o., Inc. , %s. DyRealty Co.0

$ LE 8 .>8 ( A lawyer shall not appear for trial unless he hasade6uately prepared himself on the law and the facts of his case, thee idence he will adduce and the order of its preference. ;e should also beready with the original documents for comparison with the copies

- A lawyer shall not appear for trial unless he has ade6uatelyprepared himself with the law and the facts of his case, the

37




e idence he will adduce and the order of )ts preference. ;eshould also be ready with the original? documents forcomparison with the copies.

•

ewly hired counsel3 must ac6uaint himself with all the antecedentproceedings andprocesses that ha e transpired in the record prior to his ta"eo er.

• )f presenting documentary e$hibits, he must be ready with the originalsfor thepurpose of comparison with copies thereof.

$ LE 8 .> - A lawyer shall not #le multiple actions arising from the samecause.• &orum s$oppin' - omission to disclose pendency of appeal or prior

dismissal of hiscase by a court of concurrent jurisdiction with intent of see"ing a

fa orable opinion.

• >orum. 9shopping e$ists when as a result of an ad erse opinion )n oneforum3a. A party see"s fa orable opinion *other than by appeal or certiorari0 in

another9 orb. Nhen he institutes two or more actions or proceedings grounded on the

same cause, on the gamble that one or the other would ma"e a

fa orable disposition ( in'uet Electric orp. %s. &lores, /@: S RA ,arc$ /, @0.

• The most important factor in determining the e$istence of forum-shoppingis the EHAT)& caused the courts and party-litigants by a party who as"sdi'erent courts to rule on the same related causes, as"ing the same relief.

• >orum shopping constitutes 2)RECT C& TE7PT of court and may subjecttheo'ending lawyer to disciplinary action.

$ LE 8 .>J - A lawyer shall not, after e$tensions of time to #le pleadings,memoranda or briefs, let. The period lapse without submitting the same oro'ering an e$planation for his failure to do so.

• As"ing for e$tension of time must be in good faith.

$ LE 8 .>9 - A lawyer shall not unduly delay a case, impede the e$ecution

of a judgment or misuse Court processes.

$ LE 8 >; - A lawyer shall refrain from tal"ing to his witness during a

38



FOR PRIVATE AND PERSONAL USE ONLY ________________________________________________________________ brea" or recess in the trial, while the witness is still under e$amination.

$ LE 8 .>D ( A lawyer shall not "nowingly assist a witness to misrepresenthimself or to impersonate another.

$ LE 8 .> ( A lawyer shall not abuse, browbeat or harass a witness norneedlessly incon enience him.• Ri'$ts and obli'ations o a "itness - a witness must answer 6uestions,

although his answer may tend to establish a claim against him. ;owe er,it is the right of a witness3

. To be protected from irrele ant, improper, or insulting 6uestions andfrom

harsh or insulting demeanor9 /. ot to be detained longer than the interest of justice re6uires9

4. ot to be e$amined e$cept only as to matters pertinent to the issue9. ot to gi e any answer which will tend to subject him to a penalty

for an 3 o'ense unless otherwise pro ided by law, or5. or to gi e answer which will tend to degrade his reputation, unlessit be to

the ery fact at issue or to a fact from which the fact in issue would bepresumed. <ut a witness must answer to the fact of his pre ious #nalcon iction for an o'ense. (Rule 4/, Sec. 4, RR )

$ LE 8 .> ( A lawyer shall a oid testifying in behalf of his client, e$cept3

a0 &n formal matters, such as the mailing, authentication or custody of aninstrument, and the li"e9 or

b0 &n substantial matters, in cases where his testimony is essential to theends of justice, in which e ent he must, during his testimony, entrust the trialof the case to another counsel

CA#O# 8J ( A LA7 E$ SHALL $EL PO# THE %E$ITS O" HIS CA SEA#! $E"$AI# "$O% A# I%P$OP$IET 7HICH TE#!S TOI#"L E#CE@ O$ GI E THE APPEA$A#CE O" I#"L E#CI#G THE CO $T.

$ LE 8J.>8 - A lawyer shall not e$tend e$traordinary attention or hospitalityto, nor see" opportunity for culti ating familiarity with +udges.

$ LE 8J.> ( A lawyer shall not ma"e public statements in the mediaregarding a pending case tending to arouse public opinion for or against aparty.

$ LE 8J.>J - A lawyer shall not broo" or in ite interference by anotherbranch or agency o the go ernment in the normal course o judicialproceedings.

• The judge has the corresponding duty not to con eyor permit others tocon ey the

39




impression that they are in a special position to inOuence the judge.

• 2iscussing cases with the judge pri ately should be a oided.

• Test when public statement is contemptuous3 The character of the act

done and its direct tendency to pre ent and obstruct the discharge of o(cial duty.

• To warrant a #nding3 of ?prejudicial publicity?, there must be an allegationand proof that the judges ha e been unduly inOuenced, not simply thatthey might be, by the ?barrage? of publicity.

• %awyer is e6ually, guilty as the client if he induces the latter to cause thepublicity.

5 (State the +asic responsi+ilities o a la'yer to the co*rts.

- The Code o Professional Responsibility mandates that30 A lawyer owes candor, fairness, and good faith to the court9

/0 A lawyer shall obser e and maintain the respect due to thecourts and to judicial o(cers and should insist on similar conduct byothers9

40 A lawyer shall e$ert e ery e'ort and consider it his duty toassist in the speedy and e(cient administration o justice9 and

3 A lawyer shall rely upon the merits o his cause and refrain from anyimpropriety which tends to inOuence, or gi es the appearance o inOuencing the court.

5( 7ho has the po'er to reg*late the a, ission to the +ar an,the practice o la'6

The 1upreme Court, as regulator and guardian o the legal profession,has plenary disciplinary authority o er attorneys. The authority todiscipline lawyers stems from the Court!s Constitutional mandate toregulate admission to the practice o law, which includes as wellauthority to regulate the practice itself of law. * aldi ar s.1andiganbayan, == 1CRA 4 = S @@ 0.

5 ( %ay a la'yer or any+o,y critici2e the co*rts6 7hy6

)t is the cardinal condition that criticisms of courts shall be bona fde andshall not spill o er the walls of decency and propriety. A wide chasme$ists between fair criticisms, on the one hand, and abuse and slander of courts and the judges on the other. )ntemperate and unfair criticism isgross iolation of the duty of respect to courts. )t is such a misconduct

that subjects a lawyer to disciplinary action. The lawyer!s duty to render respectful subordination to the courts is

ti l t th d l d i i t ti f j ti i th ti f

40




their clients! rights, lawyers e en those gifted with superior intellect areenjoined to gi e due respect to the courts. * aldi ar s. BonFales, supra).

5 ( A la'yer 'ante, the O3ce o the Presi,ent to re&ie' the,ecision o the S*pre e Co*rt. Is the act o the la'yer s*+<ect to

,iscipline6 7hy6

Mes, because respect to the court is an important duty of a lawyer. oother department of the go ernment can re iew the decisions of the1upreme Court. Nhat the lawyer did was e en iolati e of the principleof separation of powers. *7aglasang s. People, 8 1CRA 48@0.

5 ( Is the act o a la'yer o fling +aseless cases against a <*,geproper6 7hy6

o. )n Aparicio s. Andal, et al., +uly /5, @ , it was said that #ling of baseless cases against a judge is improper. ;e was admonishedbecause a lawyer has a basic duty to conduct himself with good #delityto the courts, to be courteous, fair, not be combati e and bellicose.*1angalang s. Baston, Aug. 48, @ 9 In re: %aureta0.

5 ( To 'ho ,oes a la'yer o'e his frst an, ore ost ,*ty6

The lawyer!s #rst and foremost duty is to the court.

;e is duty bound to comply with the lawful orders of the court. Thereason is that the attorney is an o(cer of the court because his mainmission is to assist the court in administering justice.

5 ( In Sangalang &s. Gaston@ A*g*st J>@ 8 @ a la'yer 'ass*spen,e, +eca*se o his o'n act*ations@ 'hen in his otion

or reconsi,eration he sai, that the ,ecision o the SC Frea,sore li e a +rie or Ayala.F 7as the la'yer-s act proper6 7hy6

.- o. The primary duty of a lawyer is to assist in the administration of justice, not to his client. ;is client!s success is only subordinate suchthat, he is at liberty to ad ocate his client!s cause in utmost earnest,but he is not at liberty to resort to arrogance, intimidation andinnuendo. The act of the lawyer not only puts to serious 6uestion hisown integrity and competence but also jeopardiFed his own campaignagainst graft and corruption undeniably pre ailing in the judiciary. Theyare unbecoming as well as an assault on the honor and integrity of thecourt.

5( State the +asic ,*ties o a la'yer to the co*rt. The attorney!s duty of prime importance is to obser e and

maintain the respect due to the courts of justice and judicial o(cers.

The duty to obser e and maintain the respect due the court is li"ewiseincumbent up &+U one aspiring to be a lawyer. ;e should conducthimself toward judges with the courtesy that all ha e a right to e$pect

41




and with the propriety which the dignity of the courts re6uires. >or hisin estiture into the legal profession places upon his shoulders noburden more basic, more e$acting and more intemperate than that of arespectful beha ior toward the courts.

A lawyer owes the court the duty to obser e and maintain arespectful attitude not for the sa"e of temporary incumbent of the judicial o(ce but for the maintenance of its supreme importance.*2epartment of ;ealth s. 1y Chi 1iong Co., )nc., et al., B.R. o. @5/@ ,>eb. /8, @ 0.

A lawyer owes candor, fairness and good faith to the Court.*Canon 80. A lawyer shall obser e and maintain the respect due to theCourt and to judicial o(cers *Canon 0 and a lawyer shall e$ert e eryeffort and consider it his duty to assist in the speedy and e(cientadministration of justice. *Canon /0. *Pentecostes s. +udge ;idalgo,Adm. Case o. RTC @ -44 , 1ept. /@, 80.

A lawyer should be courteous, respectful to the courts of justice.;e should be fair, not repultant, combati e and bellicose in dealingwith the Court. The use of disrespectful, intemperate and manifestlybaseless and malicious statements in his pleadings or motions is adirect contempt of Court for which he may be disciplined. *Aparicio s.Andal, +uly /5, @ 9 aldi ar s. BonFales, supra0.

5( In fling a plea,ing@ etc.@ the la'yer ,eli+erately change, the'or,ings o the la'. State the e ect o s*ch act.

A lawyer may be punished for contempt of court by deliberatelychanging the pro isions of law in order to mislead the court.*2eiparine, +r. s. CA, // 1CRA 584, April /4, 49 C&7E%EC s. ;on.

oynay, et al., B.R. o. 4/4=5, +uly , @, 5 1CA2 @ @0.

5( State the e=ect o s*+ itting to the co*rt a alsife, ,oc* ent.

1ubmission to the court of falsi#ed documents constitutes willful

disregard of the lawyer!s duty to act at all times in a manner consistentwith the truth. A lawyer should ne er see" to mislead the court by anarti#ce or false statement of fact or law. *<autista s. BonFales, @/1CRA 5 , >eb. /, 80.

5 ( State the e=ect o or* shopping.

- >orum shopping is malpractice and constitutes contempt of court. )nP CC s. %RC, :/ 1CRA @=:, the 1upreme Court said that alawyer engages in forum shopping when he institutes a proceeding atthe time the same case or an incident thereto is pending

in another court or tribunal with an e$pectation of securing a fa orabledecision.

42




)n fact, in 2an ille 7aritime, )nc. s. Comm. on Audit and Comm.on Audit s. RTC, +uly /@, @ , the 1upreme Court said that allcases should be dismissed without prejudice to the #ling of actionagainst the counsel concerned. o one should try to triOe withcourts and abuse processes. *Crisostomo s. 1EC, o ember =,

@ 0.A lawyer who resorts to forum shopping, continuously see"s the

court where he may possibly obtain fa orable judgment, therebyadding to the already clogged doc"ets of the courts with theunmeritorious cases he #les, grossly abuses his right of recourse tothe courts. <y #ling multiple petitions or complaints in the falsehope of getting some fa orable action, he obstructs theadministration of justice. ;e is thus derelict in his duty as counsel tomaintain in such admission, actions or proceeding only as appearsto him to be just, and such defenses only as he belie es to be

honestly debatable under the law. ;e thus prostitutes his o(ce atthe e$pense of justice. *Atriaga s. illanue a, Adm. Case o. @ /, +uly / , @@0.

A counsel, who, instead of assisting in the speedy disposition of cases, ma"es moc"ery of justice, and this is guilty of gross misconductin o(ce may be suspended inde#nitely from the practice of law untilsuch time that he can demonstrate to the court that he hasrehabilitated himself and deser es to resume the practice of law.

5( Is a la'yer frst an, ore ost the ,e en,er o his client or an

o3cer o the co*rt6 E0plain.- A lawyer is not merely the defender of his client!s cause and a trusteeof his client in respect of the client!s cause of action and assets9 he isalso, #rst and foremost, an o(cer of the court and participates in thefundamental function of administering justice in society. )t follows thata lawyer!s compensation for professional ser ices rendered are subjectto the super ision of the court, not just to guarantee that the fees hecharges and recei es remain reasonable and commensurate with theser ices rendered, but also to maintain the dignity and integrity of thelegal profession to which he belongs. Dpon ta"ing his attorney!s oath

as an o(cer of the court, a lawyer submits himself to the authority ofthe courts to regulate his right to charge professional fees. *1umaoangs. +udge, RTC <r. HHH), Buimba, ue a Ecija, / 5 1CRA 4=, &ct. /=,

/0.

5 ( State the e=ect o the 'ill *l fling o *ltiple ri&olo*s an,+aseless co plaints.

A lawyer who #les multiple petitions may be held liable for willfuliolation of his duties as an attorney. The #ling of multiple petitions

constitutes abuse of the Court!s processes and improper conduct thattends to impede, obstruct and degrade the due administration of

justice. Claim of good faith alone is not enough to be e$onerated from

43




contempt. *Qalilid Nood )ndustries Corp. s. CA, : 1CRA :45, 7ay4 , 9 Eternal Bardens 7emorial Par" Corp. s. CA, et al., August 5,

@, : 1CA2 40.

Complainant!s *lawyer0 wanton disregard of the 1upreme Court!s sternwarning not to #le baseless and fri olous complaints and his adamantrefusal to abide by Canon , Rule .84 and Rule .8 of the Code of Professional Responsibility ha e shown his un#tness to hold the licenseto practice law. *<alaoing s. Calderon, // 1CRA 5440.

5 ( A go&ern ent la'yer fle, a petition or certiorari as a specialci&il action +e ore the S*pre e Co*rt an, later fle, an appeal'ith the Co*rt o Appeals@ 'itho*t 'ith,ra'ing the frst case.Is the act o the la'yer proper6 E0plain.

o, because he owes the following duties to the court3

a.0 A lawyer shall obser e the rules of procedure and shall not misusethem to defeat the ends of justice. *Canon 8.84, Canon 8, CPR09 and

b.0 A lawyer shall not #le multiple actions from the same cause. *Rule/.8/, Canon /, CPR0.

5( A party is not allo'e, to p*rs*e si *ltaneo*s re e,ies in t'o/ ,i=erent or a +eca*se s*ch practice 'or s ha&oc on

or,erly <*,icial proce,*re. E0plain.

The #ling of the petition for certiorari borders on the censurable as ittriOes with the courts, abused their processes, and added to thealready hea ily burdened doc"ets. Nhile counsel may owe entirede otion to the interest of his client, his pri ilege to practice law car-ries with it certain correlati e duties to the court, one of which is toassist in the speedy and e(cient administration of justice and notsaddle the court with multiple actions arising from the same case.

The lawyer has the duty to be more circumspect in dealing with thecourts. The 1C said that a lawyer who performs his duty withdiligence and candor not only protects the interest of his client, healso ser es the ends of justice, does honor to the bar and helpsmaintain the respect of the community to the legal profession. *PRC,et al. s. CA, et al., B.R. o.

:@ :, and PRC, et al. s. ;on. itafan, et al., B.R. o. @ 4:, +uly, @, 5 1CA2 :4/0.

5( A la'yer fle, a otion or e0tension o ti e to fle a otionor reconsi,eration at the %TC. 7hat ,*ty ,i, he &iolate6

7hy6

-The lawyer has the duty to "eep abreast with jurisprudence. )n #linga motion for e$tension of time to #le 7otion for Reconsideration with

44




the 7TC, or RTC or Court of Appeals, he has failed to obser e the re-sponsibility imposed on him as a member of the <ar to "eep abreastwith the latest de elopments in the law. *Dy s. CA, et al., B.R. o.

/=44:, >ebruary /, @, 1CA2 : 50.

THE LA7 E$ A#! THE CLIE#T

CA#O# 89 ( A LA7 E$ SHALL #OT $E" SE HIS SE$ ICES TO THE#EE! .

$ LE 89.>8( A lawyer shall not decline to represent a person solely onaccount of the latter!s race, se$, creed or status of life, orbecause of his own opinion regarding the guilt of said person.

• Rule .8 is applicable only in criminal cases. )n criminal cases, alawyer cannot decline to represent an accused or respondentbecause of his opinion that the said person is guilty of the charge orcharges #led against him. )n representing the accused orrespondent, the lawyer must only use means which are fair andhonorable. * Rule *+ , sec.- /l0, Re%ised Rules o ourt)

• Rule .8 is not applicable in ci il cases because ?*c0 To counselormaintain such actions or proceedings only as appear to him to be just. and

such defenses only s he belie es to be honestly debatable underthe law.? (Rule 4@, sec. - / 1,* Re%ised Rules o ourt)• Nhen the lawyer signs a complaint or answer, his signature is deemed a

certi#cation by him ?that he has read the pleading9 that to the bestof his "nowledge. information, and belief, there is good ground tosupport it.? (Rule :, sec. 4, Re%ised Rules o ourt) >or iolating thisrule, the lawyer may be subjected to disciplinary action.

$ LE 89.> ( A lawyer shall not decline, e$cept for serious and su(cient

cause, an appointment as counsel de ofcio or as amicus curiae,or a re6uest from the )ntegrated <ar of the Philippines or any of its chapters for rendition of free legal aid.

$ LE 89.>J ( A lawyer may not refuse to accept representation of anindigent client unless3*a0he is not in a position to carry out the wor" e'ecti ely or

competently9*b0he labors under a conOict of interest between him and the

prospecti e client or between a present client and the pro-specti e client.

$ LE 89.>9 ( A lawyer who accepts the cause of a person unable to payhis professional fees shall obser e the same standard of conduct

45




go erning his relations with paying clients.• 2uties to lient:

a. &we utmost learning and abilityb. 7aintain in iolate the con#dence of the clientc. 2isclose all circumstancesGinterest regarding the contro ersy

d. Dndi ided loyaltye. ot reject cause of defenseless and oppressedf. Candor, fairness and loyaltyg. ;old in trust money or propertyh. Respond with Feal to the cause of the client

• Appointment o Amicus uraea. <y application to the judgeb. The judge on his own initiati e may in ite the lawyerc. o right to interfere with or control the condition of the record, no

control o er the suit

• Cannot refuse on the ground of insu(cient of compensation or lac" of it

CA#O# 8; ( A LA7 E$ SHALL OBSE$ E CA#!O$@ "AI$#ESS A#!LO ALT I# ALL HIS !EALI#GS A#! T$A#SACTIO#S 7ITH HIS CLIE#T.

$ LE 8;.>8 - A lawyer, in conferring with a prospecti e client, shall

ascertain as soon as practicable whether the matter wouldin ol e a conOict with another client or his own interest, and if so,shall forthwith inform the prospecti e client.

$ LE 8;.> - A lawyer shall be bound by the rule on pri ilegecommunication in respect of matters disclosed to him by aprospecti e client.

Rule on Re%ealin' lient#s Identity

• General $*le: A lawyer may not in o"e pri ilege communication torefuse re ealinga client!s identity. (Re'a3a %s. Sandi'anbayan, /=/ S RA //, September - , =0 E0ceptions:

. Nhen by di ulging such identity, it would implicate the client to thatsameContro ersy for which the lawyer!s ser ices were re6uired.

/. )t would open client to ci il liability4. The disclosure of such identity will pro ide for the only lin" in order to

con ict theAccused, otherwise, the go ernment has no case.

• Requisites o 4ri%ile'edommunication:

46




a. Atty.-client relationship *or a "ind of consultancy relationship with aprospecti e

Client .b. Communication made by client to lawyer in the course of lawyer!s

professionalemployment .

c. Communication is intended to be con#dential *see Rule *+ , 1ec. / *b0,Rules of

Court0

• 5$en communication is not pri%ile'ed:a. After pleading has been #led Spleading ceases to be pri ileged

communicationbecomes part of public records

b. Communication intended by the client to be sent to a third person

through his counsel *it loses its con#dential character as soon as itreaches the hands of third person0c. Nhen the communication sought by client is intended to aid future

crimed. Nhen communication between attorney and client is heard by a third

party - thirdparty testimony is admissible as e idence,

• E en if the communication is unpri ileged, the rule of ethics prohibitshim from oluntarily re ealing or using to his bene#t or to that of a thirdperson, to the disad antage of the! client, the said communication unless

the client consents thereto.• This is applicable to students under the 1tudent Practice %aw Program

$ LE 8;.>J - A lawyer shall not represent conOicting interests e$cept bywritten consent of all concerned gi en after a full disclosure of the facts.

Rule on ConOicting )nterest)t is generally the rule based on sound public policy that an

attorney cannot represent ad erse interest. )t is highly improper torepresent both sides of an issue. The proscription againstrepresentation of conOicting interest #nds application where theconOicting interest arises with respect to the same general matter andis applicable howe er slight such ad erse interest maybe. )t appliesalthough the attorneyLs intention and moti es were honest and heacted in good faith. ;owe er, representation after full disclosure of facts. * a"pil s. aldeF, /@= 1CRA :5@0.

• General $*le 3 An attorney Cannot represent ad erse interest.E$ception3 Nhere the parties consent to the representation after full

disclosure of facts.• 6$e 6ES6 in determinin' on7ictin' Interest: The test is whether or

47




not the acceptance of a new relation will pre ent an attorney fromthe full discharge of his duty of undi ided #delity and loyalty to hisclient or in ite suspicion of unfaithfulness in double-dealing in theperformance thereof. (6iana %s. 8campo)

$ LE 8;.>9( A lawyer may, with the written consent of all concerned,act as mediator, conciliator or arbitrator in settling disputes.

• At a certain stage of the contro ersy before it reaches the court, alawyer may represent conOicting interests with the consent of theparties. A common representation may wor" to their ad antagesince a mutual lawyer, with honest moti ations and impartiallycogniFant of the partiesL disparate positions may well be bettersituated to wor" out an acceptable settlement. *2onald 2ee s. CA,

:= 1CRA =5 0

$ LE 8;.>; ( A lawyer when ad ising his client, shall gi e a candid andhonest opinion on the merits and probable results of the client!scase, neither o erstating nor understating the prospects of thecase.

• )t is the duty of a counsel to ad ise his client, ordinarily a laymanto the intricacies and agaries of the law, on the merit or lac" of merit of his case. )f he #nds that his clientLs cause is defenseless,

then it is his duty to ad ise the latter to ac6uiesce and submit,rather than tra erse the incontro ertible. A lawyer must resist thewhims and caprices of his client, and temper his clientLs propensityto litigate.

$ LE 8;.>D - A lawyer shall not state or imply that he is able to inOuenceany public o(cial, tribunal or legislati e body.

$ LE 8;.> - A lawyer shall impress upon his client compliance with thelaws and the principles of fairness.

$ LE 8;.> - A lawyer who is engaged in another profession or occupationconcurrently with the practice of law shall ma"e clear to his clientwhether he is acting as a lawyer or in another capacity.

• %awyers should refrain from gi ing any ad ice unless they ha e obtainedsu(cient understanding of their client!s cause. A careful in estigation ande$amination of the facts must #rst be had before any legal opinion begi en by the lawyer to the client.

• To a oid breach of legal ethics, a lawyer should "eep any business, inwhich isengaged in concurrently with the practice of law, entirely separate and

apart from the latter.

48




CA#O# 8D ( A LA7 E$ SHALL HOL! I# T$ STS ALL %O#E S A#!P$OPE$TIES O" HIS CLIE#T THAT %A CO%E I#TO HIS POSSESSIO#.

$ LE 8D.>8 - A lawyer shall account for all the money or propertycollected or recei ed for or from the client.

$ LE 8D.> - A lawyer shall "eep the funds of each client separate andapart from his own and those of others "ept by him

$ LE 8D.>J - A lawyer shall deli er the funds and property of his clientwhen due or upon demand. ;owe er, he shall ha e a lien o erthe funds and may apply so much thereof as may be necessaryto satisfy his lawful fees and disbursements, gi ing noticepromptly thereafter to his client. ;e shall also ha e a lien to thesame e$tent on all judgments and e$ecutions he has secured forhis client as pro ided for in the Rules of Court.

Attorney9s !iens - an attorney shall ha e a lien upon the funds, documentsand

Papers of his client which ha e lawfully come into his possession and mayretain the same until his lawful fees and disbursements ha e been paid,and may apply such #nes to the satisfaction thereof. ;e shall also ha e alien to the same e$tent upon all

+udgments or the payment of money, and e$ecutions issued in pursuance

of such +udgments which he has secured in a litigation of his client, rom and afterthe time when he shall ha e caused a statement of his claim of such liento be entered upon the records of the court rendering such judgment, orissuing such e$ecution and shall ha e caused written notice thereof to bedeli ered to his client and to the ad erse party9 and he shall ha e thesame right and power o er such judgments and e$ecutions as his clientwould ha e to enforce his lien and secure the payment of his fees anddisbursements. (Sec. 4:, Rule 4@, Re%ised Rules of ourt)

• Prohibition on Purchase of Client!s Property3 art. 3 Ci il CodeArt. - 3 The following persons cannot ac6uire by purchase, e en at apublic or judicial auction, either in person or through the mediation o another3

* 0 Public o(cers and employees, the property o the 1tate or o anysubdi ision thereof, or of any go ernment owned or controlled corporation,or )nstitution, the administration of which has been entrusted to them9 thispro ision shall apply to judges and go ernment e$perts who, in anymanner whatsoe er, ta"e part in the sale9*50 +ustices, judges, prosecuting attorneys, cler"s o superior and inferior

courts, and, other o(cers and employees connected with theadministration o justice, the property and rights litigation or le ied uponan e$ecution before the court within whose jurisdiction or territory they

49




e$ercise their respecti e functions9 this prohibition includes the act o ac6uiring by assignment and shall apply to lawyers, with respect to theproperty and rights which may be the object of any %itigation in whichmay ta"e part by irtue &f their profession.

$ LE 8D.>9 ( A lawyer shall not borrow money from his client unless theclient!s interests are fully protected by the nature of the case orby independent ad ice. either shall a lawyer lend money to aclient e$cept, when in the interest of justice, he has to ad ancenecessary e$penses in a legal matter he is handling for theclient.

• Attorney!s lien is not an e$cuse or non-rendition of accounting.

• Cannot disburse client!s money to client!s creditors without authority.

• >ailure to deli er upon demand gi es rise to the presumption that he hasmisappropriated the funds for his own use to the prejudice of the clientand in iolation of the trust reposed in him.

• otify client if retaining lien shall be implemented.

• Nhen a lawyer enforces a charging lien against his Client, the client-lawyer relationship is terminated.

• The principle behind Rule =.8 is to pre ent the lawyer from ta"ingad antage of his inOuence o er the client or to a oid ac6uiring a #nancialinterest in the outcome of the case.

CA#O# 8 ( A LA7 E$ O7ES "I!ELIT TO THE CA SE O" HIS CLIE#TA#! HE SHALL BE %I#!" L O" THE T$ ST A#! CO#"I!E#CE$EPOSE! I# HI%.

• & fear of judicial disfa or or public popularity should restrain him fromfull discharge of his duty.

• )t is the duty of the lawyer at the time of retainer to disclose to the clientall the Circumstances of his relations to the parties and any interest in, orconnection with, The contro ersy which might inOuence the client in theselection of counsel.

• The lawyer owes loyalty to his client e en after the relation of attorneyand client has terminated. (!oren ana &ood orp. %s. 2aria, : S RA;- ))t is not good practice to permit him afterwards to defend in another caseother persons against his former client under the prete$t that the case isdistinct from and independent of the former case.

50




CA#O# 8 ( A LA7 E$ SHALL SE$ E HIS CLIE#T 7ITH CO%PETE#CE

A#! !ILIGE#CE.

$ LE 8 .>8 - A lawyer shall not underta"e a legal ser ice, which he"nows or should "now that he is not 6uali#ed to render. ;owe er,he may render such ser ice if, with the consent of his client, hecan obtain as collaborating counsel a lawyer who is competenton the matter.

$ LE 8 .> - A lawyer shall not handle any legal matter without ade6uatepreparation.

$ LE 8 .>J - A lawyer shall not neglect a legal matter entrusted to him, andhis negligence in connection therewith shall render him liable.

$ LE 8 .>9 - A lawyer shall "eep the client informed of the status of hiscase and shall respond within a reasonable time to the client!sre6uest for information.

• ompetence: su(ciency of lawyer!s 6uali#cation to deal with the matterin 6uestion and includes "nowledge and s"ill and the ability to use theme'ecti ely in the interest of the client in a reasonable time to the client!s

Re6uest for information.• A lawyer must "eep himself constantly abreast with the trend of

authoritati e pronouncements and de elopments in all branches of law.

• There must be e$traordinary diligence in prosecution or defense of hisclient!s cause.

• )f a lawyer errs li"e any other human being, he is not answerable for e eryerror or7ista"e, and will be protected as long as he acts honestly and in goodfaith to the<est &f his s"ill and "nowledge.

• %awyer is not an insurer of the result of a case where he is engaged as

counsel.

• Attorneys ha e authority to bind their clients )n any case by anyagreement in relation they made in writing, and in ta"ing appeals, and inall matters or ordinary judicial procedure. <ut they cannot, withoutspecial authority, compromise their client!s litigation or recei e anythingin discharge of a client!s claim, but the full amount in cash. (&AR orp. %s.

<A , 5: S RA = @0

51




CA#O# 8 ( A LA7 E$ SHALL $EP$ESE#T HIS CLIE#T 7ITH EAL7ITHI# THE BO #!S O" THE LA7.

$ LE 8 .> ( A lawyer who has recei ed information that his client has,in the course of the representation, perpetrated a fraud upon aperson or tribunal, shall promptly call upon the client to rectifythe same, and failing which he shall terminate the relationshipwith such client in accordance with the Rules of Court.

$ LE 8 .>J ( A lawyer shall not allow his client to dictate the procedure inhandling the case.

• General $*le: egligence binds client

E0ception: Rec"less imprudence *depri es client of due process0

Results in outright depri ation of one!s property throughtechnicality

• 7ust not present in e idence any document "nown to be false9 norpresent a false witness.

• egati e pregnant is improper since it is an ambiguous pleading*improper if in bad faith and the purpose is to confuse the other party0)n defense3 present e ery defense the law permits.

• %awyer should do his best e'orts to restrain and to pre ent his clientsfrom perpetrating acts which he himself ought not to do. &r else,withdraw. <ut lawyer shall not olunteer the information about theclient!s commission of fraud anyone counter to duty to maintain clientLscon#dence and secrets.

CA#O# > ( A LA7 E$ SHALL CHA$GE O#L "AI$ A#! $EASO#ABLE"EES.

$ LE >.>8 - A lawyer shall be guided by the following factors indetermining his fees3*a0The time spent and the e$tent of the ser ices rendered or

52




re6uired9*b0The no elty and di(culty of the 6uestions in ol ed9*c0 The importance of the subject matter9*d0The s"ill demanded9*e0The probability of losing other employment as a result of

acceptance of the pro'ered case9*f0 The customary charges for similar ser ices and the scheduleof fees of the )<P chapter to which he belongs9

*g0The amount in ol ed in the contro ersy and the bene#tsresulting to the client from the ser ices9

*h0The contingency or certainty of compensation9*i0 The character of the employment, whether occasional or

established9 and*j0 The professional standing of the lawyer.

• =inds o 4ayment "$ic$ may be stipulated upon:A #$ed or absolute fee which is payable regardless of the result of thecase b. A contingent fee that is conditioned to the securing of ,afa orable judgment

and reco ery of money or property and the amount of which may beon apercentage basis,

c. A #$ed fee payable per appearanced. A #$ed fee computed by the number of hours spente. A #$ed fee based on a piece of wor"

•

Attorney#s &eesa. 8rdinary attorney#s ee > the reasonable compensation paid to alawyer by his client for the legal ser ices he has rendered to thelatter. The basis for this compensation is the fact of his employmentby and his agreement with the client.

b. Extraordinary attorney#s ee.. an indemnity for damages ordered bythe court

to be paid by the losing party )n litigation. The basis for this is any ofthe cases pro ided for by law where such award can be made, such asthose authoriFed in Article //8@ of the Ci il Code, and is payable &T tothe lawyer but to the client, unless they ha e agreed that the award shallpertain to the lawyer as additional compensation or as part thereof.

• ?o" attorney#s ees may be claimed by t$e la"yer:. )t may be asserted either in the ery action in which the ser ices of a

lawyer hadbeen rendered or in a separate action.

/. A petition for attorney!s fees may be #led before the judgment in fa or of the client is satis#ed or the proceeds thereof deli ered to the client.

4. The determination as to the propriety of the fees or as to the amountthereof will ha e to be held in abeyance until the main case from which thel l i f tt ! f i h b # l &th i th

53



FOR PRIVATE AND PERSONAL USE ONLY ________________________________________________________________ determination of the courts will be premature.

• Contracts for employment may either be oral or e$press. )t is oral whenthe counsel is employed without a written agreement - but the conditionsand amount of attorneyLs fees are agreed upon. A written agreement is

not necessary to pro e a client!s obligation to, pay attorney!s fees. (4eyer @S. 4eyer, :: 4$il 4==0

• =inds o Retainer A'reements on Attorney9s ees:

a. General $etainer or $etaining "ee V it is the fee paid to a lawyer tosecure his future ser ices as general counsel for any ordinary legalproblem that may arise in the ordinary business of the client andreferred to him for legal action9

b. Specia Retainer V it means Ias much as he deser esK, and his usedas the basis for determining the lawyerLs professional fees in theabsence of a contract, but reco erable by him from his client.

• !uantum Meruit is resorted to where3a. There is no e$press contract for payment of attorney!s fees

agreed upon between the lawyer and the client9b. Nhen although there is a formal contract for attorney!s fees, thestipulated fees are found unconscionable or unreasonable by thecourt.c. Nhen the contract for attorney!s fees is oid due to purely formalmatters or defects of e$ecution

d. Nhen the counsel, for justi#able cause, was not able to #nish thecase to its conclusion .

e. Nhen lawyer and client disregard the contract for attorney!s fees. • 1"ill3 length of practice is not a safe criterion of

professional ability.

$ LE >.> ( A lawyer shall, in cases of referral, with the consent of theclient, be entitled to a di ision of fees in proportion to the wor"performed and responsibility assumed.

$ LE >.>J - A lawyer shall not, without the full "nowledge and consent of the client, accept any fee, reward, costs, commission, interest,rebate or forwarding allowance or other compensationwhatsoe er related to his professional employment from anyoneother than the client.

• E0ception . A lawyer may recei e compensation from a person other thanhis client when the latter has full "nowledge and appro al thereof. (Rule

4@, sec. - /e0, Re%ised Rules o ourt1

54




$ LE >.>9 - A lawyer shall a oid contro ersies with clients concerning hiscompensation and shall resort to judicial action only to pre entimposition, injustice and fraud.

• DnauthoriFed counsel3 ot entitled to attorney!s

fees.• 1tipulation regarding payments of attorney!s fees is not illegalGimmoral

and is enforceable as the law between the parties pro ided suchstipulation does not contra ene law, good morals, etc.

• Nhen counsel cannot reco er full amount despite written contract forattorneyLs fees3

a. Nhen he withdraws before the case is #nishedb. +usti#ed dismissal *0f !attorney *payment3 in quantum meruit only0

• The reason for the award of attorney!s fees must be stated in the te$t of the decision9 otherwise, if )t is stated only in the dispositi e portion of thedecision, the same must be disallowed on appeal.

• E en though the interest or property in ol ed is of considerable alue,if the legal ser ices rendered do not call for much e'orts there is no

justi#cation for the award of high fees.

• Compensation to an attorney for merely recommending another lawyeris improper*agents0

• Attorney!s fees for legal ser ices shared or di ided to non-lawyer isprohibited. 2i ision of fees is only for di ision of ser ice or responsibility.

• A lawyer should try to settle amicably any di'erences on the subject. Alawyer has /options. +udicial action to reco er attorney!s fees9

a. )n 1ame case3 Enforce attorney!s fees by #ling an appropriatemotion or

petition as an incident to the main action where he rendered legalser ices. b. )n case separate ci il action.

CA#O# 8 ( A LA7 E$ SHALL P$ESE$ E THE CO#"I!E#CE A#!SEC$ETS O" HIS CLIE#T E E# A"TE$ THE ATTO$#E (CLIE#T$ELATIO# IS TE$%I#ATE!.

• onfdence - refers to information protected by the attorney-clientpri ilege (Re%ised

55




Rules o ourt)

• Secret - refers to other information gained in the professional relationshipthat the client has regulated to be held )n iolate or the disclosure of whichwould be embarrassing or would li"ely be detrimental to the client.

An attorney cannot, without the consent of his client, be e$amined as to anycommunication made by the client to him, or his ad ice gi en thereon in thecourse of professional employment9 nor can an attorney!s secretary,stenographer, or cler" be e$amined, without the consent of the client and hisemployees, concerning any fact the "nowledge of which has been ac6uired insuch capacity (Rule *+ , Sec. / (b), Re%ised Rules

$ LE 8.>8 - A lawyer shall not re eal the con#dences or secrets of hisclient e$cept3

a0 Nhen authoriFed by the client after ac6uainting him of theconse6uences of the disclosure9

b0 Nhen re6uired by law9c0 Nhen necessary to collect his fees or to defend himself, his

employees or associates or by judicial action.• Nhen properly authoriFed after ha ing been fully informed of the

conse6uences tore eal his con#dencesGsecrets, then there is a alid wai er. .

• Art. /8 . etrayal o 6rust by an Attorney or Solicitor. Re%elation o

secrets. )naddition to the proper administrati e action, the penalty of prisoncorrectional in its minimum period, or a #ne ranging from P/88 to P 888,or both, shall be imposed upon any attorney at law or solicitor who, by anymalicious brea" of professional duty as ine$cusable negligence orignorance, shall prejudice his client, or re eal any of the secrets of thelatter learned by him in his professional capacity.

The same penalty shall be imposed upon an attorney at law orsolicitor who, ha ing underta"en the defense of a client, or ha ingrecei ed con#dential information from said client in a case, shallunderta"e the defense of the opposing party in the same case, withoutthe consent of his #rst client (Rule - , Re%ised 4enal ode)

• General $*le: &bligation to "eep secrets co ers only lawful purposesE0ceptions:

a. Announcements of intention of a client to commit a crimeb. Client jumped bail and lawyer "nows his whereabouts9 or client is

li ingsomewhere under an assumed name

c. Communication in ol es the commission of future fraud or crime butcrimesGfrauds ?already committed? falls within the pri ilege

$ LE 8.> ( A lawyer shall not, to the disad antage of his client, useinformation ac6uired in the course of employment nor shall he use the same

56



FOR PRIVATE AND PERSONAL USE ONLY ________________________________________________________________ to his own ad antage or that of third person, unless the client with full"nowledge of the circumstance consents thereto.

$ LE 8.>J ( A lawyer shall not, without the written consent of his client,gi e information from his #les to an outside agency see"ing suchinformation for auditing, statistical boo""eeping, accounting,data processing, or any similar purpose.

$ LE 8.>9 - A lawyer may disclose the a'airs of a client of the #rm topartners or associates thereof unless prohibited by the client.

$ LE 8.>; - A lawyer shall adopt such measures as may be re6uired topre ent those whose ser ices are utiliFed by him, from disclosingor using con#dences or secrets of the client.

$ LE 8.>D - A lawyer shall a oid indiscreet con ersation about a client!sa'airs e en with members of his family.

$ LE 8.> - A lawyer shall not re eal that he has been consulted about aparticular case e$cept to a oid possible conOict of interest.

• A oid committing calculated indiscretion - accidental re elation of secretsobtained in his professional employment.

• Prohibition applies, e en if the prospecti e client did not thereafteractually engage the lawyer.

CA#O# ( A LA7 E$ SHALL 7ITH!$A7 HIS SE$ ICES O#L "O$GOO! CA SE A#! PO# #OTICE APP$OP$IATE I# THECI$C %STA#CES.

$ LE .>8 - A lawyer may withdraw his ser ices in any of the followingcases3

a0 Nhen the client pursues an illegal or immoral course of conduct in connection with the matter he is handling9

b0 Nhen the client insists that the lawyer pursue conductiolati e of these canons and rules9

c0 Nhen his inability to wor" with co-counsel will not promote thebest interest of the client9

d0 Nhen the mental or physical condition of the lawyer renders itdi(cult for him to carry out the employment e'ecti ely9

e0 Nhen the client deliberately fails to pay the fees for theser ices or fails to comply with the retainer agreement9

f0 Nhen the lawyer is elected or appointed to public of#ce9 andg0 &ther similar cases.

h0 Qinds of Appearance3*a0 Beneral appearance is when the party comes to court either as plainti' or defendant and see"s general reliefs from the court for satisfaction of his

57




claims or counterclaims respecti ely.

*b0 Special appearance is when a defendant appears in court solely forthe purpose of objecting to the jurisdiction of the court o er his person.

The aim is simply the dismissal of the case. )f the defendant see"s other

reliefs, the appearance, e en if 6uali#ed by the word special, is e6ui alentto a general appearance.

$ LE .> ( A lawyer who withdraws or is discharged shall, subject to aretainer lien, immediately turn o er all papers and property to which theclient is entitled, and shall cooperate with his successor in the orderlytransfer of the matter, including all information necessary for the properhandling of the matter.• )f a person, in respect to his business a'airs or troubles of any "ind,

consults with his atty. in his professional capacity with the iew of obtaining professional ad ice or assistance, and the atty. oluntarilypermits or ac6uiesces in such consultation, then the professionalemployment must be regarded as established. (?i3ado %s. 2a%id, @ 4$il.5@ 0

• The withdrawal as counsel of a client or the dismissal by the client of hiscounsel must be in a formal partition #led in the case. Atty.-clientrelationship does not terminate formally until there is withdrawal made of record. Dnless properly relie ed, counsel is responsible for the conduct of the case. (6umban'a$an %s. A, =5 S RA @50

RETA) ) B %)E C;ARB) B %)E. ATDRE Passi e %ien3 )t cannot be

acti ely enforced. )t is ageneral lien

ACT) E %)E 3 )t can be enforcedby e$ecution. )t is a special lien.

/. <A1)1 %awful possession of papers,documents, property belongingto client.

1ecuring of a fa orable money judgment for the client.

4. C& ERABE Co ers only papers, documentsand property in the lawfulpossession of the attorney byreason of his professionalemployment.

Co ers all judgment for thepayment of money ande$ecutions issued in pursuance of such judgments.

. N;E %)E TAQE1E>>ECT

As soon as the attorney getspossession of the papersdocuments or property

As soon as the claim forattorneyLs fees had been enteredinto the records of the case.

5. &T)CE Client need not be noti#ed toma"e it e'ecti e

Client and ad erse party must benoti#ed to ma"e it e'ecti e

=.APP%)CA<)%)T

M

7ay be e$ercised before judgment or e$ecution orregardless thereof.

Benerally, it is e$ercisable onlywhen the attorney had alreadysecured a fa orable judgment for

his client• Nithdrawal as counsel for a! client an attorney may only retire from a

58




case either by written consent of his client or by permission of the courtafter due notice and hearing, in which e ent the attorney should see to itthat the name of the new attorney is recorded in the case.

• An attorney who could not get the written consent of his, client must

ma"e an application to the court, for the relation does not terminateformally until there is a withdrawal of record. Counsel has no right topresume that the court would grant his withdrawal and therefore must stillappear on the date of hearing.

• Re6uirements for the 1ubstitution of Counsel in a Case3a. Nritten applicationb. Nritten consent of clientc. Nritten consent of attorney to be substitutedd. )f the consent of the attorney to be substituted cannot be obtained,there must

be at least a proof of notice that the motion for substitution has beenser ed upon him, in the manner prescribed by the rules.

• A lawyer cannot reco er compensation from one who did not employ orauthoriFe his employment, howe er aluable the results of his ser icesmay ha e been to suchperson. )n similar cases, no compensation when3

a. Client conducts himself in a manner which tends to degrade hisattorney9 b. Client refuses to e$tend cooperation9c. Client stops ha ing contact with him.

• The right of a client to terminate a lawyer is absolute. 1uch terminationmay be withor without cause.

• The attorne"#c ient re ation$%ip i$ terminate& by3* 0 Nithdrawal of the lawyer under Rule //.8 9*/0 2eath of the lawyer, unless it is a %aw >irm, in which case, the otherpartners

may continue with the case9*40 2eath of the client as the relationship is personal, and one of agency* 0 2ischarge or dismissal of the lawyer by the client, for the right todismiss a

counsel is the prerogati e of the client, subject to certain limitations9*50 Appointment or election of a lawyer to the go ernment position whichprohibits

pri ate practice of law9*=0 >ull termination of the case or case9*:0 2isbarment or suspension of the lawyer from the practice of law9*@0 )nter ening incapacity or incompetence of the client during thependency of the

Case, for then the client loses his capacity to contract, or to control thesubject matter of the action. The guardian may authoriFe the lawyer tocontinue his

59




employment9* 0 2eclaration of the presumpti e death of the lawyer (art. + , Ce"

i%il odeD art., &amily ode)

* 80 Con iction for a crime and imprisonment of the lawyer

LIABILITIES O" LA7 E$S

• Ci&il Lia+ilitya. Client is prejudiced by lawyerLs negligence or misconduct b. <reach

of #duciary obligationb. <reach of #duciary obligation

c. Ci il liability to third personsd. %ibelous words in pleadings9 iolation of communication pri ilegee. %iability for costs of suit (treble costs) - when lawyer is made liable

forinsisting on client!s patently unmeritorious case or interposing appealmerely to delay litigation

• Cri inal Lia+ilitya. Prejudicing client through malicious breach of professional dutyb. Re ealing client!s secretsc. Representing ad erse interestsd. )ntroducing false e idencee. 7isappropriating client!s funds *estafa0

• Conte pt o Co*rta. Qinds of Contempt3

. 2irect - consists of misbeha ior in the presence of or so near acourt or judge as to interrupt or obstruct the proceedings before

the court orthe administration of justice9 punished summarily.

/. )ndirect - one committed away from the court in ol ingdisobedience of or resistance to a lawful writ, process, order, judgment or command of the court, or tending to belittle,degrade, obstruct, interrupt or embarrass the court.

4. Ci il- failure to do something ordered by the court which isfor the

bene#t of a party.. Criminal - any conduct directed against the authority or

dignity of thecourt.

• The e$ercise of the power to punish contempt has a twofold

aspect, namely* 0the proper punishment of the guilty party for his disrespect

t th t it d 9 d

60




*/0to compel his performance of some act or duty re6uired of him by the court which he refuses to perform. A ci ilcontempt is the failure to do something ordered to be doneby a court or a judge for the bene#t of the opposing partytherein9 and a criminal contempt is conduct directed against

the authority and dignity of a court or of a judge, as inunlawfully assailing or discrediting the authority or dignity of a court or of a judge, or in doing a duly forbidden act. Nherethe punishment imposed, whether against a party to a suitor a stranger, is wholly or primarily to protect or indicatethe dignity and power, either by #ne payable to thego ernment or by imprisonment, or both, it is deemed a

judgment in criminal case. Nhere the punishment is by #nedirected to be paid to a party in the nature of damages forthe wrong inOicted, or by imprisonment as coerci e measureto enforce the performance of some act for the bene#t of theparty or in aid of the #nal judgment or decree rendered in hisbehalf, the contempt judgment will, if made before #naldecree, be treated as in the nature of an interlocutory order,or, if made after #nal decree, as a remedial in nature, andmay be re iewed only on appeal from the #nal decree, or insuch other mode as is appropriate to the re iew of

judgments in ci il cases. The 6uestion of whether thecontempt committed is ci il or criminal, does not a'ect the

jurisdiction or the power of a court to punish the same.(?alili%s. IR, 4= S RA /0

b. Acts Constituting Contempt3. 7isbeha ior/. 2isobedience4. Publication concerning pending

litigation. Publication tending to degrade -the

court disrespectful language inPleadings

5. 7isleading the court or obstructing justice

=. DnauthoriFed practice of law

:. <elligerent attitude@. Dnlawful retention of client!s funds

• The power to punish for contempt and the power to disbar are separateand distinct, and that the e$ercise of one does not e$clude the e$ercise o the other. (4eople s.Bodoy, / 4 S RA = 0

A!%I#IST$ATI E LIABILITIES O" LA7 E$S

7ain &bjecti es o 2isbarment and 1uspension3

61




. To compel the attorney to deal fairly and honestly with his clients9/. To remo e from the profession a person whose misconduct has

pro ed him un#t to be entrusted with the duties and responsibilitiesbelonging to the o(ce o all attorney9

4. To punish the lawyer9

. To set an e$ample or a warning for the other members of the bar95. To safeguard the administration o justice from )ncompetent anddishonest %awyers9

=. To protect the public .

)• Characteristics o 2isbarment Proceedings3

. either a ci il nor criminal proceedings9/. 2ouble jeopardy cannot be a ailed o )n a disbarment proceeding94. )t can be initiated motu propio by the 1C or )<P. )t can be initiated

without a complaint9

. )t is imprescriptible95. Conducted con#dentially9=. )t can proceed regardless o the interest of the lac" thereof on the

part o the complainant9:. )t constitutes due process.

• Brounds for 2isbarment or 1uspension3. 2eceit9

/. 7alpractice or other gross misconduct in o(ce94. Brossly immoral conduct9

. Con iction o a crime in ol ing moral turpitude9

5. iolation o oath of o(ce9=. Nillful disobedience o any lawful order o a superior court9:. Corrupt or willful appearance as attorney for a party to case without

authority to do so (Sec. - , Rule *+ , RR )

• Pr8cedure for 2isbarmenta. )nstitution either by3

. The 1upreme Court, motu proprio, or/. The )1P, motu proprio, or4. Dpon eri#ed complaint by any person

b. 1i$ copies o the eri#ed complaint shall be #led with the 1ecretaryo the )<P or 1ecretary of any o its chapter and shall be forwardedto the )<P <oard of Bo ernors.

c. )n estigation- by the ational Brie ance )n estigators.d. 1ubmission of in estigati e report to the )1P <oard o Bo ernors.e. <oard of Bo ernors decides within 48 days.f. )n estigation by the 1olicitor-Beneralg. 1C renders #nal decision for disbarmentGsuspensionGdismissal.

Fuantum of 4roo Required: C%EAR, C& ) C) B W 1AT)1>ACT&RM e idence.G#*

urden of 4roo . Rests on the C&7P%A) A T, the one who )nstitutedthe suit

62




petition with the 1upreme Court. (In re: Ro%ero, * * S RA +)

• )f during the pendency of a disbarment proceeding, the respondent wasgranted e$ecuti e pardon, the dismissal of the case on that sole basis wiDdepend on whether the e$ecuti e pardon is absolute or conditional. )f the

pardon is absolute or unconditional, the disbarment case will bedismissed. ;owe er, if the e$ecuti epardon is conditional, the disbarment case will not be dismissed on thebasis thereof. .

SPECIAL !ISABILITIES O" LA7 E$S

The following persons are prohibited from ac6uiring property underlitigation by reason of the relation of trust or their peculiar control eitherdirectly or indirectly and e en at a public or judicial auction3 .

*. Buardians9-. Agents+. Administrators;. Public o(cers and employeesH. +udicial o(cers and employeesK. Prosecuting attorneyLs and lawyers *Art f CC07. Those specially dis6uali#ed by law (Rubias %s. atilles, 4

S RA *- )• Elements of Article *Ci il Code9 !ai' %s. A, @/ S RA / 0

a. There must be an attorney-client relationshipb. The property or interest of the client must be in litigationc. The attorney ta"es part as counsel in the cased. The attorney by himself or through another purchases such interest

during the pendency of the litigation.

• General $*le: A lawyer may not purchase, e en at a public or judicialauction, in person or through the mediation of another, any property orinterest in ol ed in any! litigation in which he may ta"e part by irtue ofhis profession. This prohibition is entirely independent of fraud and such

need not be alleged or pro en.E'ects3a. 7alpractice on the part of the lawyer and may be disciplined for

misconductb. Transaction is null and oid

• E0ceptions:a. Property is ac6uired by lawyer through a contingent fee

arrangementb. Any of the .e.)e.ments of Art. is missing

64



FOR PRIVATE AND PERSONAL USE ONLY ________________________________________________________________ F ( State the +asic responsi+ilities o a la'yer to his client.

T ' o!' o/ P&o/'$$#on R'$ on$#,# #%+ &'$)&#,'$ % ' /o o #n $ &'$ on$#,# #%#'$ o/ +'& %o #$ ) #'n% %o #%:

. A lawyer shall not refuse his ser ices to the needy9/. A lawyer shall obser e candor, fairness, and loyalty in all his

dealings and transactions with his clients9

4. A lawyer shall hold in trust all moneys and properties of his clientthat may come into his possessions9

. A lawyer owes #delity to the cause of his client and he shall bemindful of the trust and con#dence reposed in him9

5. A lawyer shall ser e his client with competence and diligence9

=. A lawyer shall represent his client with Feal within the bounds of thelaw9

:. A lawyer shall charge only fair and reasonable fees9

@. A lawyer shall preser e the con#dence and secrets of his client e enafter the attorney-client relationship is terminated9 and

. A lawyer shall withdraw his ser ices only for good cause and uponnotice appropriate in the circumstances.

5 ( 7hat is the signifcance o the ,*ty o a la'yer that he shallnot re *se his ser&ices to the nee,y6

( )t is an implementation of the constitutional guarantee that freeaccess to the courts shall not be denied the citiFens by reason of po erty. )t also implements the time-honored principle that a lawyershall delay no man for money or malice. )t must be recalled that thebusiness of a lawyer is basically public ser ice and not for business

purposes.

5 ( A@ a la'yer ' as appointe, co*nsel &e o cio +y the co*rt.Since he is a ere co*nsel &e o cio( 'ill it a=ect hisrelationship 'ith his client consi,ering that he has noco pensation6 7hy6

( o. The fact that an attorney merely olunteers his ser ices or thathe is only a counsel de ofcio does not diminish or alter the degree of professional responsibility owed to his client. *People s. Rio, /81CRA :8/0. The reason is that a lawyer should represent his client

with Feal within the bounds of the law.

5 ( Sho*l a la'yer in the ischarge o his *ties to his clients

65




present e&ery re e,y regar,less o his personal &ie's6 7hy6

- Mes. A lawyer owes entire de otion to the interests of his clients,warmth and Feal in the maintenance and defense of his rights and thee$ertion of his utmost learning and ability9 to the end that nothing canbe ta"en or withheld from his client e$cept in accordance with law. ;eshould present e ery remedy or defense regardless of his own personal

iews. )n the full discharge of his duties to his client, the lawyer shouldnot be afraid of the probability that he may displease the judge or thegeneral public. *%egarda s. CA, 5 1CRA @0.

5 ( 7hat sho*l, a la'yer ,o to ens*re that co *nications tohi 'ill reach hi pro ptly6

( A lawyer should so arrange matters that o(cial and judicialcommunications sent by mail will reach him promptly and should he fail todo so, not only he, but his client as well must su'er the conse6uences ofhis negligence. Nhere a lawyer mo ed from his address on record, and didnot notify the court thereof, resulting in failure to recei e notice of thedecision the 1upreme Court held that there was negligence. <ut the clientmust su'er the conse6uences. * illa Transport 1er ice, )nc. s. CA, 41CRA /50.

5 ( 7hat is the ,*ty o a la'yer 'ith respect to his plea,ings@etc. +e ore fling the sa e6 7hy6

( )t is the bounden duty of a lawyer to chec", re iew, and re-chec" theallegations in his pleadings, more particularly the 6uoted portions, andensure that the statements therein are accurate and the reproductionsfaithful, down to the last word and punctuation mar". The legalprofession demands that a lawyer thoroughly go o er pleadings,motions, and other documents dictated or prepared by him, typed ortranscribed by his secretaries or cler"s, before #ling them with court. )f a client is bound by the acts of his counsel, with more reason shouldcounsel be bound by the acts of his secretary who merely follows hisorder. The distortion of facts, mis6uoting or intercalating phrases in thete$t of a court decision, committed by counsel, with the willingassistance of his secretary, is a gra e o'ense and should not betreated lightly because it is a serious iolation of one!s &ath as amember of the <ar, and under the Code of Professional Responsibility.*AdeF Realty, )nc. s. Court of Appeals, / / 1CRA =/40.

5 ( 7hat sho*l, a la'yer ,o 'hen he recei&es an a,&erse,ecision6 E0plain.

( ;e should inform his client about the ad erse decision. )f he fails to doso, he is considered as ha ing failed to e$ercise due diligence of counsel. A lawyer handling a case must gi e his entire de otion to theinterest of his client. either shall he neglect a legal matter entrustedt hi f hi glig th ith h ll d hi li bl b

66




suspended. *>rancisco s. <osa, /85 1CRA ://0.

5 ( The La' "ir o A@ B@ an, C represente, in a case. A ispersonally han,ling the case. 7hile preparing the +rie @ A ,ie,.7hat sho*l, the La' "ir ,o6 7hy6

. - The %aw >irm should ha e re-assigned the case to another lawyer forthe purpose of preparing the brief or it could ha e withdrawn ascounsel in the manner pro ided by the rules so that the client cancontract the ser ices of a new lawyer. The negligence of the law #rm inthis matter binds the client. <esides, the client himself was negligentwhen he failed to ma"e in6uiries with respect to the status of his case,he being a close friend of the lawyer who handled it. The fact shouldha e made him more igilant with respect to the case at bar, as hefailed to do so, its plea that it was not accorded the right to proceduraldue process cannot elicit either appro al or sympathy. *<.R. 1ebastian

Enterprises s. Court of Appeals, /8= 1CRA /@0

5 ( A la'yer 'as tar,y in his appearance +e ore a <*,ge in acase@ hence@ it 'as consi,ere, s*+ itte, or resol*tion. A terlearning o the inci,ent@ he as e, the Co*rt to reconsi,er it an,the <*,ge tol, hi to fle a otion or reconsi,eration. He ,i, notnoti y his client o the t*rn o e&ents. E0plain the e=ect o hisacts.

( ;is failure to #le the motion for reconsideration despite the instruction of the judge amounts to negligence. ;is e$planation that the judge alreadyad ised him of the improbability of reconsideration is de oid of merit. ;estill should ha e ta"en the proper steps in order to pre ent the judgmentfrom becoming #nal and e$ecutory. Norse, he did not e en notify his clientof the status of the case, e en after he recei ed notice of the decision. ;eshould not ha e gone to )loilo without lea ing someone in his o(ce to acton urgent matters and to notify him of de elopments in the case he washandling. This is sheer lac" of professional sincerity. Counsel wassuspended from practice for one year. *Perla Compania de 1eguros s.1antisteban, /8: 1CRA 540.

5 ( Is clerical ine3ciency o a la'yer-s sta= li e ail*re to fle a+rie a &ali, ,e ense in a charge o negligence o a la'yer67hy6

o. A responsible lawyer is e$pected to super ise the wor" in hiso(ce with respect to all pleadings to be #led in court, and he should notdelegate this responsibility completely to his o(ce secretary. &therwise,irresponsible members of the bar can a oid disciplinary action by simplyattributing the fault to the of#ce secretary. *ButierreF s. ulueta, @:1CRA = 0.

5 ( The La' "ir o A@ Ban, C has a +ranch o3ce in Ce+* City'here ! is assigne, or represents hi sel to +e the la'yer in

67




the +ranch o3ce. Is ser&ice *pon hi +in,ing *pon the aino3ce6 7hy6

( Mes. Nhere a lawyer represents himself to be part of one law #rm,ser ice on that lawyer in his branch o(ce will be a alid ser ice, andthe law #rm cannot be allowed to pretend that its main and brancho(ces are separate law #rms with separate and distinct personalities.* uano Arrastres s. Alsonas, /8 1CRA = 0.

5 ( At the hearing o a case@ the co*nsels agree, to consi,er thecase s*+ itte, or ,ecision on the +asis o the e&i,ence@e0cl*,ing certain a o*nts o interests an, no inal ,a ages.7hen the <*,g ent a,&erse to one party 'as ren,ere,@ he o&e,to ann*l the sa e conten,ing that s*ch act constit*te, aco pro ise 'hich his co*nsel 'as not a*thori2e, to ,o. $*le on

his contention an, e0plain.

This was not a compromise or stipulation of facts or confession of judgment. )f at all, there was only a mutual wai er on the part of bothparties *right to present e idence for defendant, and interests andstipulated attorney!s fees for plainti'0. The counsels in this case had theimplied authority to do all the acts necessary or incidental to theprosecution and management of the suit in behalf of their clients whowere all present but ne er objected to the disputed order of the court.

They ha e the e$clusi e management of the procedural aspect of the

litigation including the enforcement of the rights and remedies of theclient. Thus, when the case was submitted for decision on the e idence sofar presented, the counsel for pri ate respondents acted within the scopeof his authority as agent and lawyer in negotiating for fa orable terms forhis client. Parties are bound by the acts and mista"es of their counsel inprocedural matters. 7ista"es of counsel as to the rele ancy andirrele ancy of certain e idence or mista"es in the proper defense, in theintroduction of certain e idence, or in argumentation are, among othersall mista"es of procedure, and they bind the client, as in the instant case.*7obil &il s. C>) RiFal, /8@ 1CRA 5/40.

5 ( The ista e o a la'yer generally +in,s the client. Is the r*lea+sol*te6 E0plain.

( o. Though as a general rule, the client is bound by the mista"es ornegligence of his lawyer, the 1upreme Court has made an e$ception.Nhere the lawyer!s lac" of de otion to the client is so gross andpalpable that the court must come to the aid of the distraught client.

This was the situation in %egarda s. CA, 5 1CRA @, where thelawyer merely #led a 7otion for E$tension of Time to #le an answer,and thereafter did nothing else.

5 ( Gi&e an e0a ple o a case o gross negligence o a la'yer'hich oes not +in his client an an e0ception to the sa e

68




Nhere a lawyer did not #le an answer for his client despite ane$tension of time therefor ha ing been granted, resulting in anad erse judgment and then failed to appear and then allowed theperiod to #le a petition for relief to lapse, and thereafter did not #le apetition for annulment of the judgment in the appellate court despitebeing as"ed by his client to do so, he is guilty of gross and ine$cusablenegligence that e'ecti ely denied the client of her day in court,depri ing her of her property without due process of law. )n this case,the client is not bound by the actions of counsel. *%egarda s. Court of Appeals, 5 1CRA @0. <ut where the client "new all along that theircounsel was not attending to their case, did not ta"e steps to changecounselor attend to their cases until it was too late, and continued toretain the ser ice of the negligent counsel despite full "nowledge of his lapses, they cannot raise that negligence to warrant re ersal of the

ad erse decision. Boyer($o0as &s. Co*rt o Appeals@ 88 SC$A9 >/.

5 ( %ay the Co*rt ,iscipline a la'yer e&en i his act is notco&ere, +y a client(la'yer relationship +et'een the co plainantan, hi sel 6 E0plain.

Mes. )n fact, in %iFaso s. Amante, A.C. o. /8 , +une 4, , @1CRA , where Atty. Amante enticed complainant to in est in the casinobusiness with the proposition that her in estment would yield her aninterest of 8Z pro#t daily, and Atty. Amante not only failed to deli erthe promised return on the in estment but also the principal thereof *P5, 888.880 despite complainant!s repeated demands, the 1upremeCourt said3

LAs early as /4, $o"e%er, t$e ourt laid do"n in In Re)icente Pe ae* S 4$il. 5=: (* -+) < t$e principle t$at it can exercise its po"er to discipline la"yers or causes"$ic$ do not in%ol%e t$e relations$ip o attorney and client In disciplinin' t$e respondent, r. <ustice alcolm said: Asa 'eneral rule, a court "ill not assume Jurisdiction todiscipline one o its o fcers or misconduct alle'ed to $a%e

been committed in $is pri%ate capacity. ut t$is is a'eneral rule "it$ many exceptions x x x 6$e nature o t$eoMce, t$e trust relation "$ic$ exists bet"een attorney andclient, as "ell as bet"een court and attorney, and t$estatutory rules prescribin' t$e qualifcations o attorneys,uni ormly require t$at an attorney s$all be a person o 'ood moral c$aracter. I t$at qualifcation is a condition

precedent to a license or pri%ile'e to enter upon t$e practice o t$e la", it "ould seem to be equally essentialdurin' t$e continuance o t$e practice and t$e exercise o t$e pri%ile'e. So it is $eld t$at an attorney "ill be remo%ednot only or malpractice and dis$onesty in $is pro ession,but also or 'ross misconduct not connected "it$ $is

69




pro essional duties, "$ic$ s$o"s $im to be unft or t$eoMce and un"ort$y o t$e pri%ile'es "$ic$ $is license andt$e la" con er upon $im..

5 ( In 8 D;@ Mose #a pil +eca e intereste, in p*rchasing a

s* er resi,ence in %oran Street@ Bagnio City. "or lac o *n,s@ he re1*este, the respon,ent to p*rchase the %oranproperty or hi . They agree, that respon,ent 'o*l, eepthe property in tr*st or #a pil *ntil the latter co*l, +*y it+ac . P*rs*ant to their agree ent@ respon,ent o+taine, t'o

/ loans ro a +an in the a o*nts o PD;@ >>>.>> an,P ;@ >>>.>>/ 'hich he *se, to p*rchase an, reno&ate theproperty. Title 'as then iss*e, in respon,ent-s na e.

)t was a"pil who occupied the 7oran summer house. Nhen +ose a"pil died on +uly @, :4, respondent acted as the legalcounsel and accountant of his widow, complainant )7E%2A AQP)%.&n 7arch , :=, respondent!s law #rm, Carlos +. aldes andAssociates, handled the proceeding for the settlement of +ose!s es-tate. Complainant was appointed as administratriH o the estate.

The ownership of the 7oran property became an issue in theintestate proceedings. )t appears that respondent e$cluded the7oran property from the in entory of +ose!s estate. &n >ebruary 4,

:@, respondent transferred his title to the 7oran property to hiscompany, the Ca al Realty Corporation.

&n 7arch / , : , complainant sought to reco er the 7oran

property by #ling with the then Court of >irst )nstance *C>)0 o <aguio City an action for recon eyance with damages againstrespondent and his corporation. )n defense, respondent claimedabsolute ownership o er the property and denied that a trust wascreated o er it.

)n his defense, he contended that he did not hold the 7oranproperty in trust for the a"pils as he is the absolute owner. ;ee$plained that the a"pils ne er bought bac" the property from him,hence, it remained to be his property and hence, correctly e$cludedfrom the in entory of a"pil estate.

8. Is the respon,ent g*ilty o lac o f,elity to his client6E0plain..

Mes, because he iolated the trust agreement when he claimedabsolute ownership o er the property and refused to sell it to thecomplainant after +ose!s death. To place the property beyond thereach o complainant and the intestate court, respondent latertransferred it to his corporation. 1uch act of e$cluding the 7oranproperty from the intestate estate of +ose e inced a lac" of #delity tothe cause of his client. This iolated Canon : of the Code of Professional Responsibility which pro ides that a lawyer owes #delityto his client!s cause and enjoins him to be mindful of the trust andcon#dence reposed in him. *)melda a"pil s. Atty. Carlos +. aldes,A.C. o. /8 8, / 1CA2 ==, 7arch , @0.

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. 7as the respon,ent g*ilty o representing conNictinginterest 'hen his acco*nting fr prepare, the list o assets an,lia+ilities o the estate an,@ at the sa e ti e@ co p*te, the clai so t'o cre,itors o the estate an, yet@ the estate 'as represente,+y his la' fr 6 E0plain.

Mes, because the interest of the estate and that of the creditors aread erse to each other. <y representing the creditors when hisaccounting #rm prepared and computed the claims of the two creditorswhile his law #rm represented the estate, there was clearly a conOictbetween them which stands as debtor and that of the two claimantswho are creditors in the estate. ;e thus, undoubtedly placed his law#rm in a position where his loyalty to his client could be doubted. )n theestate proceedings, the duty of respondent!s law #rm was to contestthe claims of these two creditors but which claims were prepared byrespondent!s accounting #rm. E en if the claims were alid and did notprejudice the estate, the set-up is still undesirable. The test todetermine whether there is a conOict of interest in the representation isprobability, not certainty of conOict. )t was respondent!s duty to inhibiteither of his #rms from said proceedings to a oid the probability of conOict of interest. * a"pil s. aldes, supra).

J. Can respon,ent a,&ance the ,e ense that ass* ing there 'asconNict o interest@ he co*l, not +e charge, +e ore this Co*rtas his allege, F iscon,*ctF pertains to his acco*ntingpractice6 E0plain.

o. )n the case at bar, complainant is not charging respondent withbreach of ethics for being the common accountant of the estate andthe two creditors. ;e is charged for allowing his accounting #rm to rep-resent two creditors of the estate and, at the same time, allowing hislaw #rm to represent the estate in the proceedings where these claimswere presented.

9. In a,&ancing his ,e ense@ he sai, that ass* ing there 'asconNict o interest@ he co*l, not +e charge, +e ore theS*pre e Co*rt as his allege, iscon,*ct pertains to his

acco*nting practice. Is the contention correct6 7hy6

( o, for the complainant was not charging the respondent with breachof ethics for being the common accountant of the estate and the twocreditors. ;e was charged for allowing his accounting #rm to representtwo creditors of the estate and, at the same time, allowing his law #rmto represent the estate in the proceedings where these claims werepresented. The act is a breach of professional ethics and undesirable asit placed respondent!s and his law #rm!s loyalty under a cloud of doubt.E en granting that respondent!s misconduct refers to his accountancypractice, it would not pre ent the Court from disciplining him as amember of the <ar. The rule is settled that a lawyer may be suspendedor disbarred for A M misconduct, e en if it pertains to his pri ate

71




acti ities, as long as it shows him to be wanting in moral character,honesty, probity or good demeanor. * adayag s. Brageda, 55 1CA2: 4, /4: 1CRA /8/0. Possession of good moral character is not only aprere6uisite to admission to the bar but also a continuing re6uirementto the practice of law.

Public con#dence in law and lawyers may be eroded by theirresponsible and improper conduct of a member of the <ar. Thus, alawyer should determine his conduct by acting in a manner that wouldpromote public con#dence in the integrity of the legal profession.7embers of the <ar are e$pected to always li e up to the standardsembodied in the Code of Professional Responsibility as the relationshipbetween an attorney and his client is highly #duciary in nature anddemands utmost #delity and good faith. *lgual s. +a ier, = 1CA2

:,/5 1CRA =0. )n the case at bar, respondent e$hibited less thanfull #delity to his duty to obser e candor, fairness and loyalty in hisdealings and transactions with his clients. *Canon 5, Code of Professional Responsibility9 a"pil s. aldeF, A.C. o. /8 8, 7arch ,

@, / 1CA2 ==0.

5 ( !oes the prohi+ition against sale o properties +et'een ala'yer an, a client apply to assign ent o rights6 7hy6

( Mes, the prohibition in Article , CC applies to assignment of rights o er a property

subject of litigation in consideration of legal ser ices during thependency of litigation. The reason is that, assignment has the same

import and e'ect of sale. )n both situations, public policy prohibits theacts. *&rdonio s. Eduarte, /8: 1CRA // 0.

5 ( 7hat is the essential eat*re o a client(la'yer relationship6Gi&e so e instances o s*ch an in,ication.

( The essential feature of the relationship between a lawyer and aclient is the employment of the former by the latter as suggestedby3 * 0 the gi ing of ad ice or assistance when sought9 and */0 thereceipt of documents and use of the same.

5 ( !efne general an, special appearance.

Beneral appearance is one that is done by a lawyer for any acte$cept to 6uestion the jurisdiction of the court.

5 ( 7ho can challenge the appearance o a la'yer an, 'ithin'hat ti e6 7hy6

-The authority of a lawyer to appear may be challenged by the clientbecause such relationship parta"es of the nature of agency. )t may

li"ewise be challenged by the ad erse party. <ut the challenge must beseasonably done otherwise, estoppel would come in.

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only if the withdrawal is without the client!s consent. *Arambulo s.CA, 1CA2 :/, //= 1CRA 5@ , 1ept. :, 40. The reason for theclient!s consent is that, the relationship between the two of them isbased on a contract.

5 ( A engage, the ser&ices o as his co*nsel. A year later@ heengage, the ser&ices o an, a*thori2e, hi to appear or A.State the e=ects o the acts o A 'ith respect to hisrelationship 'ith . E0plain.( The e$ecution of power of attorney for authority to appear in fa or of second counsel wor"s as a dismissal of incumbent counsel of recordwho need not formally withdraw. &nce a new counsel assumes thatstatus, it is incumbent on him to in6uire why he has not recei ed anynotice from the court.

5 - State the ConNict o Interest $*le.- A lawyer shall not represent conOicting interests e$cept by writtenconsent of all concerned gi en after a full disclosure of the facts. *Rule

5.84, Code of Professional Responsibility0.

5 ( 7hat is the rationale or the conNict o interest r*le6. ( The prohibition against representation of conOicting interests isbased not only because the relation of attorney and client is one of trust and con#dence of the highest degree, but also because of the

principles of public policy and good taste. *Tiania s. &campo, /881CRA =/, Aug. /, 0. A lawyer becomes familiar with this factsconnected with his client!s case. ;e learns from his client the wea"points of the action as well as the strong one. 1uch "nowledge must beconsidered and guarded with care. o opportunity must be gi en tohim to ta"e ad antage of his client!s secrets. A lawyer must ha e thefullest con#dence of his client, for if the con#dence is abused, theprofession will su'er by the loss thereof. *7aturan s. BonFales, A.C.

o. /5 :, / 1CA2 :4, 7arch /, @0.

5 ( 7hat is the test o conNict o interest in ,isciplinary casesagainst a la'yer6

( The test is whether or not the acceptance of a new relation willpre ent an attorney from the full discharge of his duty of undi ided#delity and loyalty to his client or in ite suspicion of unfaithfulness of double-dealing in the performance thereof. *Tiana s. &campo, supra).

5 ( 7hen is a la'yer ,ee e, to +e representing conNicting

interests6( A lawyer represents conOicting interests when, in behalf of one client,

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it is his duty to contend for that which duty to another client re6uireshim to oppose. The obligation to represent the client with undi ided#delity and not to di ulge his secrets or con#dence forbids also thesubse6uent acceptance of retainers or employment from others inmatters ad ersely a'ecting any interest of the client with respect to

which con#dence has been reposed.

)n cases where a conOict of interest may e$ist, full disclosure of thefacts and e$press consent of all the parties concerned are necessary.

There is no necessity for pro ing the actual transmission of con#dentialinformation to an attorney in the course of his employment by his #rstclient in order that he may be precluded from accepting employmentby the second &r subse6uent client where there are conOictinginterests between the #rst and the subse6uent clients. Absence of monetary consideration does not e$empt the lawyer from complyingwith the prohibition against pursuing cases where a conOict of intereste$ists. *<uted s. ;ernando, /84 1CRA , &ct. :, 0.

5 ( Cite a recogni2e, e0ception to the r*le against representationo conNicting interests +y a la'yer.( Nhere the clients "nowingly consent to the dual representation afterthe full disclosure of the facts by the counsel. *<autista s. BonFales0,

5 ( State an, e0plain the test in ,eter ining a conNict o interest.

( The test of conOict of interest in disciplinary cases against a lawyer iswhether or not the acceptance of a new relation will pre ent anattorney from the full discharge of his duty of undi ided #delity andloyalty to his client or in ite suspicion of unfaithfulness or double-dealing in the performance thereof. (In re: 2e la Rosa, /: Phil. /=50.

5 ( %ay a la'yer represent parties 'ith conNicting positions6 Isthe r*le a+sol*te6 E0plain.- As a rule, a lawyer cannot represent parties with conOicting positionsbecause of the conOict of interest. There is howe er, an e$ception at acertain stage of the contro ersy before it reaches the court. A lawyer

may represent the conOicting interest of the two parties with theirconsent, since a mutual lawyer, with honest moti ations may be bettersituated to wor" out an acceptable settlement of their di'erences,being free of partisan inclination and acting with the cooperation andcon#dence of said partie s.

5 ( The acco*nting fr o Atty. prepare, the list o assetsan, lia+ilities o the estate o A an, at the sa e ti eco p*te, the clai s o t'o cre,itors o the estate. Is therea representation o conNicting interest in allo'ing hisacco*nting fr to represent the t'o cre,itors in the pro(cee,ings or the settle ent o the estate o A 'hich his la'

75




fr represente,6 7hy6. ( Mes. The professional ser ices of a lawyer and representation as a

CPA might result to representation of conOicting interest. )n a"pils. aldeF, A.C. o. /8 8, 7arch @, / 1CA2 ==, it was said that

there is clearly a conOict between the interest of the estate which

stands as the debtor and that of the two claimants who are creditorsof the estate.

5 ( State so e r*les in case o conNict o interest.( )n Benerosa <uted, et al. s. Atty. ;arold 7. ;ernando, Adm. Case o.

45 , &ct. :, , the 1upreme Court laid down rules on conOict of interest of lawyers in handling cases, thus3*a0)n cases where a conOict of interest may e$ist, full disclosure of the

facts and e$press consent of all the parties concerned arenecessary. *ln re: 2ela Rosa, /: Phil. /5@0. The present Code of

Professional Responsibility is stricter on this matter considering thatconsent of the parties is now re6uired to be in written form. *Canon5, Rule 5.840.

*b0)n 1an +ose s. CruF, 5: Phil. : , it was said that an attorney owesloyalty to his client not only in the case in which he has representedhim but also after the relation of attorney and client has terminatedand it is not a good practice to permit him afterwards to defend inanother case other persons against his former client under theprete$t that the case is distinct from, and independent of the formercase.

>or it is a rule that3

GAn attorney is not permitted, in ser%in' a ne" client as a'ainst aormer one, to do anyt$in' "$ic$ "ill inJuriously aNect t$e ormer

client in any manner in "$ic$ t$e attorney ormerly represented$im, t$ou'$ t$e relation o attorney and client $as terminated, andt$e ne" employment is in a diNerent caseD nor can t$e attorney usea'ainst $is ormer client any no"led'e or in ormation 'ainedt$rou'$ t$eir ormer connection. ?

*c0)n 7aria Tinia s. Atty. Amado &campo, A.C. o. //@5 and othercompanion cases, Aug. /, , it was said that the prohibitionagainst conOict of interest in representation of clients is prohibitedbecause the relation of lawyer and client is one of trust andcon#dence of the highest degree, and because of the principles of public policy and good taste. An attorney has the duty to preser efullest con#dence of his client and represent him with undi idedloyalty. &nce this con#dence is abused, the entire profession su'ers.(In re: 2e la Rosa0.

5 ( The la' fr o @ an, an, Associates 'as retaine, +y

ABC Corporation 'hich s*e, S%C represente, +y the fr . Can anassociate o the fr represent S%C6 7hy6( o because the employment of the #rm is considered the

76




employment of all its members and associates. To hold otherwise wouldbe to promote conOict of interest.

5 ( 7hat is the ,*ty o a la'yer 'ho recei&es oney or hisclient6

. ( ;e must account for the same, otherwise, his conduct shows hisun#tness for the con#dence and trust reposed in him, or showing suchlac" of personal honesty or good moral character as to render himunworthy of public con#dence, a ground for disbarment. * a arro s.7eneses, 1CA2 /@5, /@5 1CRA 5@=9 ual s. +a ier, = 1CA2 :,7arch :, =9 Castillo s. Taguines, = 1CA2 / , 7arch , =9

+aime Curimatmat, et al. s. Atty. >elipe Bojat, A.C. o. , +une 8,0.

5 (%ay a la'yer ,ecline e ploy ent6 E0plain.

Mes. )t is settled that a lawyer is not obliged to act as counsel for e eryperson who wish to become his client. ;e has the right to declineemployment, subject, howe er, to the pro isions of Canon of theCode of Professional Responsibility. &nce he agrees to ta"e up the caseof a client, he owes #delity to such cause and must always be mindfulof the trust and con#dence reposed on him. * a arro s. 7eneses, 1CA2 /@5, /@5 1CRA 5@=0

5 ( 7hat is the nat*re o the o3ce o a la'yer6

( An attorney is more than a mere agent or ser ant because hepossesses special powers of trust and con#dence reposed on him byhis client. *Regala s. 1<, : 1CA2 58 , /=/ 1CRA //0

5 ( 7hat is the nat*re o ,*ty o the O3ce o the SolicitorGeneral to represent the interest o the go&ern ent6 E0plain.

( As a public o(cial, it is his sworn duty to pro ide legal ser ices to thego ernment, particularly to represent it in litigations. And such dutymay be enjoined upon him by a writ of mandamus.

Dnder the Administrati e Code *1ec. 450, it is mandatory uponthe &1B to represent the go ernment, its agencies andinstrumentalities and its o(cials and agents in any litigation,proceedings, in estigation re6uiring the ser ices of a lawyer.

)n fact, if the &1B withdraws, it can be considered as beyond thescope of its authority in the management of a case.

5 ( A ter the ,eath o a partner in a la' fr @ the latter aile, tofle the +rie or a client ,*e to the act that the la'yerassigne, to ,o it le t the la' fr . E0plain the e=ect o s*chact.

77




- The death of one of the partners of a law #rm does not e$tinguish thelawyer-client relationship between said #rm and petitioner. )f the #rmdoes not #le the brief for the client, that is an ine$cusable negligence.

The mere fact that the lawyer who was designated to handle the caseleft the law o(ce is of no moment. *R.<. 1ebastian Ent., )nc. s. CA,

B.R. o. @=/, >eb. :, /0. egligence of counsel binds the client.

5 ( E0plain the e=ect i a la'yer notari2es a ,oc* ent p*rportingto ha&e +een signe, +y one 'ho is alrea,y ,ea,.

( A lawyer who notariFed a document purporting to ha e been signedby a person already dead and yet cogniFant of such fact committedgra e professional misconduct. ;e failed to li e up to the standards e$-pected as a member of the bar. ;is conduct amounted to dishonesty, in

iolation of his oath. *Tejada s. ;ernando, Adm. Case o. / /:, 7ay @,/0.

5 ( %ay a la'yer transact +*siness 'ith his client6 7hy6

As a rule, a lawyer is not barred from dealing with his client but thebusiness transaction must be characteriFed with utmost honesty andgood faith. The measure of good faith which an attorney is re6uiredto e$ercise in his dealings with his client is a much higher standardthan is re6uired in business dealings where the parties trade at armslength. <usiness transactions between the lawyer and his client are

disfa ored and discouraged by the policy of the law.;ence, courts carefully watch these transactions to assure that noad antage is ta"en by a lawyer o er his client. This rule is founded onpublic policy for, by irtue of his o(ce, an attorney is in an easy posi-tion to ta"e ad antage of the credulity and ignorance of his client.

Thus, no presumption of innocence or improbability of wrongdoing isconsidered in an attorney!s fa or. * a"pil s. aldeF, / 1CA2 ==, /@=1CRA :5@0.

5 ( Ho' ,o yo* ,escri+e the relationship +et'een a la'yer an,his client6 E0plain.

. ( The relation between an attorney and his client is highly #duciary andery delicate, e$acting and con#dential, re6uiring a high degree of

#delity and good faith. )n iew of that special relationship, lawyers arebound to promptly account for money or property recei ed by them onbehalf of their clients and failure to do so constitutes professionalmisconduct. The fact that a lawyer has a lien for fees on money in hishands collected for his client does not relie e him from the duty of promptly accounting for the funds recei ed. *%icuanan s. 7elo, A.C.

/4= , >eb. @ 0.

5 ( ! i+ th l ' *t t th * hi li t

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( A lawyer must protect the rights and interests of his client and not tota"e ad antage of him. ;e should be more circumspect in dealing withthe properties of his client instead of concentrating only on hisattorney!s fees. *>ornilda s. <ranch = , RC, = 1CRA 4:=0.

A lawyer owes #delity to the cause of his client and must bemindful of the trust and con#dence reposed in him. *Canon :0. ;eshall ser e his client with competence and diligence, and his duty of entire de otion to his client!s cause not only re6uires, but entitles himto employ e ery honorable means to secure for the client what is justlydue him or to present e ery defense pro ided by law to enable thelatter!s cause to succeed. *Canon 50. An attorney!s duty to safeguardthe client!s interests commences from his retainer until his e'ecti erelease from the case or the #nal disposition of the whole subjectmatter of the litigation. * isitacion s. 7anit, 7arch /:, = 0. 2uringthat period, he is e$pected to ta"e such reasonable steps and suchordinary care as his client!s interests may re6uire. *Bamalinda s.Attys. >ernando Alcantara and +oselito %im, A.C. o. 4= 5, >eb. / ,

/0.

The 1upreme Court also admonished lawyers on their duty to ad icetheir clients not to ma"e untenable claims. As o(cers of the court, theyare under obligation to ad ice their clients against ma"ing untenableand inconsistent claims. >or, they are not merely hired employees whomust un6uestionably do the bidding of the clients. *Peri6uet s. %RC,

@= 1CRA :/ 0.)n one case, the 1upreme Court howe er reminded litigants that

lawyers are not demi-gods or magicians who can always win theircases for their clients no matter the utter lac" of merit of the same orhow passionate the litigants may feel about their cause, while lawyersare e$pected to ser e their clients with competence and diligence,they are not always e$pected to be ictorious. *Curimatmat, et ai. s.Bojari, A.C. o. , +une 8, 0.

5 ( 7hat pres* ption arises i a la'yer appears or a client an,

e0plain the e=ect o the sa e6

( As a rule, once a lawyer appears for a party, it is presumed that hehas the authority to do so. o written power of attorney is re6uired toauthoriFe him to appear in court for his client. *7arcelo s. Dbay, @:1CRA : 0. The #ling of the answer and appearance is su(cient to gi eauthority to the lawyer. ;owe er, the authority to appear can be6uestioned by the ad erse party. *Com. of Customs s. Q7Q Bano, @/1CRA 5 0. The reason is ob ious. The client will be bound by hisac6uiescence resulting from his "nowledge that he was beingrepresented by the lawyer.

<ut where that relationship is created, the lawyer has the obligation to

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attend to and protect the integrity of his client. ;ence, a lawyer waswarned for his ine$cusable negligence to appear for pre-trial.*Agra ante s. Patriarca, @4 1CRA 4 S 8 0.

;ence, in ButierreF s. ulueta, @: 1CRA = , a lawyer was suspendedfor one year for his failure to e$ercise due diligence in protecting andattending to the interest of his client. ;e failed to #le the brief to theprejudice of his client. ;e attributed the negligence to his secretarywhich was not accepted.

5 ( State the e=ect o a la'yer-s acceptance o attorney-s ees.( The lawyer!s acceptance of attorney!s fees e'ecti ely bars a lawyerfrom altogether disclaiming the e$istence of an attorney-clientrelationship. The client, howe er, must e$plain his case to his lawyer sothat he can handle it properly and intelligently. ;e must li"ewise e$tendfull cooperation. * illafuerte s. CorteF, A.C. o. 4 55, April , 0.

5 ( %ay a la'yer accept a +a, case6( )t depends.

A lawyer may accept a bad case if it is criminal inspite of his opinionregarding the innocence or guilt of the accused. )f it is a ci il case, heshould decline it.

5 ( 7hat is the e0tent o the la'yer-s o+ligation o f,elity to hisclient6 E0plain.

- A lawyer owes #delity to the cause of his client but not at the e$penseof truth and the administration of justice. Practice of law must notser e as an instrument for the harassment of the complainant and themisuse of judicial processes. *Barcia s. >rancisco, //8 1CRA 5 /,7arch 48, 40.

As o(cers of the court, counsels are under obligation to ad isetheir client against ma"ing untenable and inconsistent claims. %awyersare not merely hired employees who must un6uestionably do thebidding of their client, howe er, unreasonable this may be when testedby their own e$pert appreciation of the pertinent facts and theapplicable law and jurisprudence. ounsel must counsel. *Peri6uet s.

%RC, = 1CRA :/ , +une //, 80.

5 ( Ho' ,o yo* characteri2e the right o a client to ter inate theser&ices o his co*nsel6

( The right of client to terminate his relations with his counsel isuni ersally recogniFed. 1uch termination may be with or without cause.

The right of a client to terminate the authority of his counsel includes

the right to ma"e a change or substitution at any stage of theproceedings. To be alid, any such change or substitution must bemade3 *a0 upon written application9 *b0 with written consent of the

80




client9 *c0 upon written consent of the attorney to be substituted9 *d0 incase the consent of attorney to be substituted can not be contained,there must be at least a proof of notice that the motion for substitutionhas been ser ed upon him in the manner prescribed by the Rules.*1ection /=, Rule 4@, Rules of Court9 Rinconada Telephone Company,

)nc. s. <uen i!aje, @ 1CRA :8 , April /:, 80.

5 ( State the e=ect i a client personally appears an, fles aotion +y hi sel e&en i he is represente, +y a co*nsel.

- A client, by appearing personally and presenting a motion byhimself, is considered to ha e impliedly dismissed his lawyer. <oth atcommon law and under 1ection /=, Rule 4@ of the Rules of Court, aclient may dismiss his lawyer at any time or at any stage of theproceedings, and there is nothing to pre ent a litigant from

appearing before the court to conduct his own litigation. The client has also an undoubted right to compromise a suit

without the inter ention of his lawyer. E en the lawyer!s right to feesfrom their clients may not be in o"ed by the lawyers themsel es asa ground for disappro ing or holding in abeyance the appro al of acompromise agreement. The lawyers concerned can enforce theirrights in the proper court in an appropriate proceeding in accordancewith the Rules of Court, but said rights may not be used to pre entthe appro al of the compromise agreement. *7unicipality of Pililia,RiFal s. CA, 5/ 1CA2 5 @, /44 1CRA @ , +une /@, 0.

5 ( 7hat happens i a la'yer co its iscon,*ct +y *sing orhis personal en, oney collecte, +y hi or an, +ehal o aclient6

- A lawyer, under his oath, pledges himself not to delay any man formoney or malice. ;e is bound to conduct himself with all good #delityto his clients. ;e is obligated to report promptly the money of his cli-ents that has come into his possession. ;e should not comingle it withhis pri ate property or use it for his personal purposes without hisclient!s consent. ;e should maintain a reputation for honesty and #del-ity to pri ate trust.

7oney collected by a lawyer in pursuance of a judgment in fa orof his clients is held in trust and must be immediately turned o er tothem.

A lawyer may be disbarred for any deceit, malpractice or othergross misconduct in his o(ce as attorney or for any iolation of thelawyer!s oath. *%icuanan s. 7elo, A.C. /4= , >eb. , @ 0.

5 ( %ay a la'yer p*rchase a property o his client s*+<ect o litigation ,*ring the pen,ency o litigation6 !oes the

prohi+ition incl*,e a ortgage6 7hy6o, because of public policy for it is possible that the lawyer may e0 at

81




undue inOuence against his client.

7ortgage of property of a client to a lawyer while the property isunder litigation is oid under Art. *50, ew Ci il Code. To statethat mortgages are not included within the prohibition would open the

door to an indirect circum ention of the statutory injunction,ac6uisition of property being merely postponed till e entualforeclosure. *>ornilda s. <r. = , RTC, B.R. :/48=, +an. / , @ 0. Nhatcannot be done directly cannot be done indirectly. *1ee also Rubias s.<atiller0.

5 ( 7hen is a thing sai, to +e in litigation or p*rposes oapplying the prohi+ition against la'yers ro ac1*iring +yp*rchase their clients- property *n,er Art. 89 8 o the Ci&il Co,e6

( A thing is said to be in litigation not only if there is some contest or

litigation o er it in court, but also from the moment that it becomessubject to the judicial action of the judge, includin' certiorari proceed-ings. * alencia s. Cabanting, = 1CRA 48/, April /=, 0.

5 ( 7hat i the p*rchase 'as a,e a ter the litigation hasalrea,y +een ter inate,@ is the ,is1*alifcation still applica+le67hy6

( o more.

A contract of ser ices does not iolate Art. , CC prohibiting lawyersfrom ac6uiring by purchase e en at a public or judicial auction, propertiesand rights which are the objects of litigation in which they may ta"e part by

irtue of their profession, if the purchase ta"es place after the litigation.*>abillo s. )AC, 7arch , 0. The rule has to be so because the publicpolicy that is sought to be preser ed no longer e$ists, as there can be nomore undue inOuence that the lawyer may e$ert against his client.

5 ( %ay a la'yer enter into a contract o lease 'ith thea, inistrator o an estate 'here the or er is his client6 7hy6

( o. The Ci il Code pro ides the persons dis6uali#ed to buy referredto in Arts. . 8 and , are also dis6uali#ed to become lessees of the things mentioned therein. *Art. = =0. A lawyer of the administratorof an estate failed to secure the appro al of the court in ariouscontracts of lease between the estate and the lawyer!s familypartnership. )t was said that the lease contracts are co ered by theprohibition against any ac6uisition or lease by a lawyer of propertiesin ol ed in litigations in which he ta"es part. To rule otherwise wouldlend stamp of judicial appro al on an arrangement which, in e'ect,circum ents that which is directly prohibited by law. *7anan6uil s.Atty. illegas, Adm. 7atter / 48, Aug. 48, 80.

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FOR PRIVATE AND PERSONAL USE ONLY ________________________________________________________________ 5 ( %ay a la'yer appropriate oney recei&e, or his client6 7hy6

( o. )n uilban s. Robinol, : 1CRA :=@, the 1upreme Court said that alawyer cannot unilaterally appropriate his client!s money not only becausehe is bound by a written agreement but because it is highly improper forhim to ha e done so. ;is contention that he has[ the right to retainpossession of the money until his attorney fees are paid is not meritorious.;e is bereft of a legal right to retain his client!s funds intended for anypurpose. >or doing so, he was disbarred, for he rendered himself un#t tocontinue in the practice. ;e did not only iolate his oath ?not to delay anyman for money? and but also ?to conduct himself with all good #delity tohis client.

5 ( A la'yer ass*re, his client that he co*l, sec*re a Te porary$estraining Or,er T$O/ to stop the e0ec*tion o a <*,g ent+eca*se the <*,ge is his F ats* aranF an, accepte, Pl@>>>.>> asattorney-s ees. B*t the <*,ge as e, hi to 'ith,ra' +eca*se otheir rien,ship. He again as e, or PJ@>>>.>> to +e gi&en toanother <*,ge@ +*t he sai, he co*l, not fn, the <*,ge. He later ontol, his client that a case sho*l, +e fle, an, ,e an,e,P8>@>>>.>> to +e ,eposite, 'ith the Treas*rer-s O3ce or there,e ption o the property pl*s Pl@>>>.>> as e0penses. At thehearing@ he 'ith,re' his appearance. It 'as o*n, o*t that there'as no ,eposit. State the e=ect o the acts o the la'yer.

( Nhen a lawyer ta"es client!s cause, he thereby co enants that he wille$ert ,all e'orts for its prosecution until the #nal conclusion. The failure toe$ercise diligence of ad ancement of a client!s cause ma"es such lawyerunworthy of the trust that the client had reposed in him. ;is acts showedlac" of #delity as a lawyer. *Cantiller s. Potenciano, 2ec. @, @ 0.

5 ( 7hat is the e=ect i a la'yer a es an *nsolicite,appearance or a person 'itho*t a Client la'yer relationship6

The unsolicited appearance of a lawyer in the absence of client-lawyerrelationship with a client is an act unbecoming of a member of the <ar, andshould be a cause for in estigation. *Porac Truc"ing, )nc. s. CA, @4 1CRA

5, 7arch =, 80.

5 ( State the e=ect o a la'yer-s participation in the preparationo prohi+ite, contracts.

( Participation in the e$ecution of the prohibited contracts such asthose referred to in Articles and = = of the ew Ci il Code has been

held to constitute breach of professional ethics on the part of the lawyer forwhich disciplinary action may be brought against him. The claim of good faithis no defense to a lawyer who has failed to adhere faithfully to the legal

83




the act in his pri&ate capacity6 E0plain.

. ( As a general rule, a court will not assume jurisdiction to disciplineone of its o(cers for misconduct alleged to ha e been committed in hispri ate capacity. ut, this is a general rule with many e$ceptions. The

courts sometimes stress the point that the attorney \las shown, throughmisconduct outside of his professional dealings, a want of suchprofessional honesty as to render him unworthy of public con#dence,and an un#t and unsafe person to manage the legal business of others.

The reason why such a distinction can be drawn is because it is thecourt which admits an attorney to the bar, and the court re6uires forsuch admission the possession of a good moral character. 1o it is heldthat an attorney will be remo ed not only for malpractice anddishonesty in his profession, but also for gross misconduct not con-nected with his professional duties, which shows him un#t for the o(ceand unworthy of the pri ilege which his license and the law conferupon him. *%iFaso s. Amante, @ 1CRA , +une 4, 0.

5 ( %ay a la'yer 'ho is e ploye, in the go&ern ent +e,iscipline, as a e +er o the Bar or iscon,*ct in the,ischarge o his ,*ties as an e ployee6 7hy6

- As a rule, a lawyer, who holds a. go ernment o(ce may not bedisciplined as a member of the <ar for misconduct in the discharge of hisduties as a go ernment o(cial. ;owe er, if the conduct is of. such acharacter as to a'ect his 6uali#cations as a lawyer or to show moral

delin6uency, then, he may be disciplined. *Austria s. Abaya, A7. os. R-:85-RT+, R= @-P, and A.C. o. / 8 , August /4, @ 0.

5 ( In Collantes &s. Atty. icente $ene eron@ A, . Case #o.J>;D@ A*g. 8D@ 8 8@ the +asic 1*estion 'as 'hether a la'yer@as $egister o !eeQls o a certain locality@ ay also +e,iscipline, or his al easance as a p*+lic o3cial.

- Mes, because his misconduct as a public o(cial constituted a

iolation of his oath as a lawyer.

The la'yer-s oath $*le 8J @ Section 8 @ $*les o Co*rtR People &s.!e L*na@ 8> Phil. D /@ i poses *pon e&ery la'yer the ,*ty to,elay no an or oney or alice. The la'yer-s oath is aso*rce o his o+ligations an, its &iolation is a gro*n, or hiss*spension@ ,is+ar ent or other ,isciplinary action. Legal Eth(ics@ $*+en E. Agpalo@ 8 J E,ition@ pp. DD(D /.

As the late Chief +ustice >red RuiF Castro said3

GA person ta es an oat$ "$en $e is admitted to t$e

85




ar "$ic$ is desi'ned to impress upon $im $isresponsibilities. ?e t$ereby becomes an #oMcer o t$e court#on "$ose s$oulders rests t$e 'ra%e responsibility o assistin' t$e courts in t$e proper, air, speedy and eMcient administration o Justice. As an oMcer o t$e court, $e is

subJect to a ri'id discipline t$at demands t$at in $is e%ery exertion t$e only criterion be t$at trut$ and Justice triump$.6$is disciplinary line is "$at $as 'i%en t$e la" pro ession itsnobility, its presti'e, its exalted place. &rom a la"yer, to

parap$rase <ustice &elix &ran urter, are expected t$osequalities o trut$ spea in', a $i'$ sense o $onor, ull o candor, intellectual $onesty, and t$e strictest obser%ance o fduciary responsibility all o "$ic$, t$rou'$out# t$ecenturies, $a%e been compendiously described as moralc$aracter.

G embers$ip in t$e ar is in t$e cate'ory o amandate to public ser%ice o t$e $i'$est order. A la"yer isan oat$>bond ser%ant o society "$ose conduct is clearly cir>cumscribed by in7exible norms o la" and et$ics, and "$ose

primary duty is t$e ad%ancement o t$e quest o trut$ and Justice, or "$ic$ $e $as s"orn to be a earless crusader.G(Apostacy in t$e !e'al 4ro ession, = S RA :@ , > ).

The Code of Professional Responsibility applies to lawyers ingo ernment ser ice in the discharge of their o(cial tas". *Canon =0.

GA la"yer s$all not en'a'e in conduct t$at ad%ersely re7ects on $is ftness to practice la", nor s$all $e, "$et$er in public or pri%ate li e, be$a%e in a scandalous manner tot$e discredit o t$e le'al pro ession.G (Rule . +, ode o 4ro essional Responsibility).

&nly those who are competent, honorable, and reliable maypractice the profession of law * oriega s. 1ison, /5 1CRA / 40,for e ery lawyer must pursue only the highest standard in the

practice of his calling. *Court Administrator s. ;ermoso, 58 1CRA/= 0

)n disbarring the lawyer, the 1upreme Court said the acts of dishonestyand oppression committed by a public o(cial ha e demonstrated hisun#tness to practice the high and noble calling of the law. *<autista s.

+udge Bue arra, / 1CRA =4/0.

5 ( A la' st*,ent arrie, his girl rien,@ +*t agree, to eep itsecret so that he co*l, contin*e 'ith his st*,ies. He fnishe, la'@too an, passe, the +ar@ +*t the 'i e +loc e, his oath ta ing 'ith aco plaint 'ith the S*pre e Co*rt. It 'as ho'e&er ,is isse, ,*e tothe 'i e-s a3,a&it o ,esistance. She later fle, a case again against

86




suspended lawyer!s rights and pri ileges in his own hands. Thatsanction has the e'ect of gi ing the respondent the chance to purgehimself in his own good time of his contempt and misconduct byac"nowledging such misconduct, e$hibiting appropriate repentanceand demonstrating his willingness and capacity to li e up to the

e$acting standards of conduct rightly demanded from e ery member of the bar and o(cer of the courts. * aldi ar s. 1andiganbayan, B.R. o.: = 8-:8:9 aldi ar s. BonFales, B.R. o. @85:@, >eb. , @ 0.

5 ( A la'yer ,elaye, a pro+ate case or al ost hal a cent*ry. Ishis act p*nisha+le *n,er the Co,e o Pro essional$esponsi+ility6 7hy6

( Mes. )n fact, the case of )smaela 2imagiba s. Atty. +ose 7ontal o, +r.,A.C. o. /8, &ct. 5, , is a classic e$ample of a lawyer who wasdisbarred for malpractice, for stretching to almost $al o century alitigation arising from the probate of a will of the late <enedicto de losReyes. )t appeared that the probate case was #led on +anuary 55. )ndelaying the case for almost half a century, he iolated his oath not todelay any man for money-or malice, besmirched the name of anhonorable profession, and has pro en himself unworthy of the trustreposed in him by law as an o(cer of the Court.

5 ( %ay a la'yer +e ,iscipline, i he a es a ,*pe o theco plainant@ li&ing on her +o*nty an, allo'ing her to spen, orhis schooling6 E0plain.

( Mes. )n <oli ar s. 1imbol, = 1CRA =/4, the 1upreme Court foundthe respondent guilty of ?grossly immoral conduct? because hemade a dupe of complainant, li ing on her bounty and allowing herto spend for his schooling and other personal necessities while dan-gling before her the mirage of a marriage, marrying another girl assoon as he had #nished his studies, "eeping his marriage a secretwhile continuing to demand money from complainant. The Courtheld such acts ?indicati e of a character not worthy of a member of the <ar.?

5 ( A la'yer co*rte, a la,y. He represente, hi sel to +e eligi+leto arry 'hen in act@ he is not. "or this reason@ the 'o ans*+ itte, hersel to the se0*al ,esires o the la'yer. Can he+e p*nishe, or his acts6 7hy6

( Mes, because he does not possess good moral character which is acondition that precedes admission to the <ar, and is not dispensed withupon admission to the <ar. *<arrientos s. 2aarol, A.C. o. 5 /, +an./ , 40.

5 ( A la'yer 'as o*n, g*ilty o i oral con,*ct ha&ing arrie,t'ice Can he +e s*spen e 6 7hy6

88




indubitably e$hibited a lac" of good moral character. *%eda s. Tabang,/8= 1CRA 4 50.

The re6uirement of good moral character is not only a condition

precedent to admission to the practice of law, continued possession isalso essential for remaining in the practice of law. As said by 7r. +ustice7alcolm, ?A good character is essential 6uali#cation for admission of an attorney to practice. Nhen the attorney!s character is bad in suchrespects as to show that he is unsafe and un#t to be entrusted with thepowers of an attorney, the courts retain the power to discipline him.*%eda s. Tabang, - K 1CRA 4 50.

5 ( A@ a la'yer s* one, a s*+or,inate to his s*perior-s o3ce.There an, then@ he threatene, or inti i,ate, hi +y 'arning hio ,is issal an, the e0pense o a possi+le s*it in co*rt. Is the acto A proper6 7hy6

( o. ;e is guilty of conduct unbecoming of a member of the <ar.A man of law should ne er use his legal e$pertise and inOuence inorder to frighten or coerce anyone, especially the ordinary man wholoo"s up to him for justice. *Ro6ue s. Clemencio, / / 1CRA = @0.

5 ( 7hat is the e=ect i a la'yer prepares a alse ,ee, in place o

the proper type o ,ee, or the sa e o con&enience6 7hy6( ;e can be suspended, for he iolated the rule that a lawyer shall not

engage in unlawful, dishonest or deceitful conduct.

5 ( A la'yer notari2e, a ,oc* ent 'itho*t notarial co ission.%ay he +e penali2e, or s*ch act6 7hy6

Mes. )n 7ariano +oson s. Atty. Bloria <altaFar, A.C. o. 5:5, >eb., , a lawyer was suspended for notariFing documents without

notarial commission. The 1upreme Court called it ?irreprehensible?,

constituting not only malpractice but also commission of separatecrime of falsi#cation of public documents. *1ee3 )n the 7atter of 2isbarment of 2ominador >lores9 City >iscal %oFada s. >lores, / 1CRA

/=:0. otariFation of a pri ate document con erts such document intoa public one and renders it admissible in court without further proof of its authenticity. *1ec. / , Rule 4/9 Antellon s. <arcelona, 4: Phil.

@0. Courts, administrati e agencies and the public at large must beable to rely upon the ac"nowledgment e$ecuted by a notary public andappended to a pri ate instrument. otariFation is not an empty routine9to the contrary, it engages public interest in a substantial degree andthe protection of that interest re6uires pre enting those who are not6uali#ed or authoriFed to act as notaries public from posing upon thepublic and the courts and administrati e o(ces generally. *Rebolleda

90




s. )ntermediate Appellate Court, 55 1CRA 5/80.

5 ( I a la'yer recei&es oney or a client an, he ,oes not re itit +*t instea, appropriates it or hi sel @ can he +e penali2e,67hy6

( Mes. To recei e money for a client and fail to remit the same, a lawyermay be disbarred because it is a clear breach of the lawyer!s oath towhich he swore to obser e. )n %icuanan s. 7elo, :8 1CRA 88, alawyer collected rentals of his client!s apartments but failed to remitthe same despite in6uiries. )t was held as a clear malpractice andunprofessional for him to misappropriate said funds. ;e displayed lac"of honesty and good moral character. *1ee also a arro s. 7eneses ))),C<2, AC o. 4 4, +anuary 48, @, 1CA2 /@50.

7oney collected by a lawyer on a judgment rendered in fa or of aclient constitutes a trust fund and must be immediately paid to theclient. *<atiller s. Potenciano, 2ec. , @ 0.

5 ( A la'yer Stole a ,oc* ent e&i,ence ro the recor, o acase. State the e=ect o his act. E0plain.

( ;e can be disbarred. A lawyer is an o(cer of the court. ;e is li"e thecourt itself. )n this case, where the lawyer was disbarred earlier butreinstated, the <C said an incorrigible practitioner of dirty tric"s would

be ill-suited to discharge the role of an instrument to ad ance the endsof justice. *>ernandeF, et at. s. Brecia, A.C. o. 4= , +une :, 4, /1CA2 4@0.

5 ( State so e r*les in the s*spension o la'yers +y theS*pre e Co*rt an, the p*rpose o the sa e.

( They are3

0 There is no need to refer the case to the &1B for the initiation of the charges9

/0 The 1upreme Court has the authority to confront and pre ent asubstanti e e il which is the degradation of the justice system of the country and the destruction of the standards of professionalconduct re6uired of the members of the bar9

40 The imposition of inde#nite suspension is not cruel or unusualpunishment.

This is to gi e him a chance to purge himself on his own goodtime on his contempt and misconduct e$hibiting appropriaterepentance and demonstrating his willingness and capacity to li e up

to the e$isting standards of a member of the bar. * aldi ar s.BonFales, :8 1CRA 0.

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FOR PRIVATE AND PERSONAL USE ONLY ________________________________________________________________ 5 ( "or i orality@ a la'yer ay +e s*spen,e,. 7hen ay s*ch

s*spension +e li te,6 E0plain.

. ( >or immorality, a lawyer was inde#nitely suspended. )n Cordo a s.Cordo a, o . / , @ , the 1upreme Court said that, it would lift the

suspension if he could show that he has and continues to pro ide forthe support of his legitimate family and that he has gi en up theimmoral course of conduct that he has clung to.

- >or, as has been said in Tolosa s. Cargo, 7arch 4, @ , a lawyermust not only comply with the rigorous standards of conductappropriately re6uired of a member of the bar. ;e must not onlybe .seen of good moral character, and leading the good lines inaccordance with the highest standards of the community.

5 ( 7hat is the e=ect i a la'yer notari2es a ,oc* ent signe, +ya ,ecease, person6 E0plain.( otariFation by a lawyer of documents signed by deceased personsconstitutes negligence which should warrant suspension from thepractice of law. )t is the duty of the notarial o(cer to demand that adocument be signed in his presence by the real parties thereto9 thenotarial o(cer must obser e ?utmost care? to comply with theelementary formalities in the performance of his duties. *2inoy s.Rosal, 5 1CA2 @ , /45 1CRA , Aug. :, 0.

5 ( 7hat is the e=ect i a la'yer &iolates BP BIg. an, iscon&icte,6 E0plain.

( iolation of <P <)g. // is a crime in ol ing moral turpitude, hence,con iction of a lawyer of such crime justi#es her suspension from thepractice of law. 1aid crime imports deceit and a iolation of herattorney!s oath and the Code of Professional Responsibility under bothof which she was bound to ?obey the laws of the land.? *People s.

Tuanda, @ 1CRA = /, +an. 48, 80.

5 ( A la'yer *se, the IBP receipt n* +er o another la'yer. Gi&e

the e=ect os*ch act.

( A lawyer deser es to be suspended for using, apparently throughnegligence, the )<P o(cial receipt number of another lawyer.*<ongalonta s. Castillo, 5@ 1CA2 /44, / 8 1CRA 4 8, +an. /8, 50.;e iolated his duty not to engage in unlawful, dishonest and deceitfulconduct.

5 ( engage, the ser&ices o Atty. A 'hen he 'as s*e, +y .He pai, A +*t the latter aile, to fle the ans'er or his

client. State the e=ect o s*ch act.( ;e can be suspended for his failure to attend to the interest of his

92



FOR PRIVATE AND PERSONAL USE ONLY ________________________________________________________________ client.

5 ( Ho' is ,is+ar ent instit*te,6( 2isbarment is instituted3

0 <y the 1upreme Court, motu proprioD or/0 <y the )<P <oard of Bo ernors3

*a0 7otu proprio9 or*b0upon referral by the 1upreme Court9 or*c0 upon referral by a chapter <oard of o(cers at the instance of any

person.

5 ( State the re1*ire ents in a co plaint or ,is+ar ent.( The complaint must3

0 be eri#ed9/0 state clearly and concisely the facts complained of940 be supported by a(da its of persons ha ing personal "nowledge of

acts therein alleged, or document which may substantiate it90 be #led with si$ *=0 copies furnished the 1ecretary of the )<P or any

of its chapters.

5 ( State the proce,*re or ,is+ar ent procee,ing in the IBPa ter co plaint is fle,.( The following is an outline of the procedure of a disbarment

proceeding after it is #led with the )<P3

. The case shall be assigned to a ational Brie ance )n estigatorwhere the <oard of Bo ernors shall appoint one from among )<Pmembers or three *40 when special circumstances warrant9

/. )f the complaint is meritorious, the respondent shall be ser ed witha copy re6uiring him to answer within 5 days form ser ice9

4. The respondent shall #le an answer containing = * si$0 copies andshall erify the same9 after receipt of the answer or lapse of theperiod to do so, the 1upreme Court may, muto proprio or at theinstance of the )<P <oard of Bo ernors, upon recommendation bythe )n estigator, suspend an attorney from practice for any of thecauses under Rule 4@, 1ec. /:, during the pendency of thein estigation9

. After joinder of the issues or failure to answer, the respondent shallbe gi en full opportunity to defend himself. <ut if the respondentfails to appear to defend himself inspite of notice, the in estigatormay proceed ex parte. The in estigation shall be terminated within

three *40 months from commencement which period may bee$tended9

93




5. The )n estigator shall ma"e a report to the <oard of Bo ernorswithin 48 days from termination of the in estigation which reportshall contain his #ndings and recommendations together with thee idence9

=. The <oard of Bo ernors shall ha e the power to re iew the decisionof the )n estigator. )ts decision shall be promulgated within a periodnot e$ceeding 48 days from the ne$t meeting of the <oard followingthe submission of the report of the )n estigator3

a0 )f the decision is a #nding of guilt of the charges, the )<P <oard of Bo ernors shall issue a resolution setting forth its #ndings andrecommendations which shall be transmitted to the 1upremeCourt for #nal action together with the record9

b0 )f the decision is for e$oneration, or if the sanction is less thansuspension or dismissal, the <oard shall issue a decision e$-onerating the respondent or imposing a lesser sanction. Theresolution e$onerating the respondent shall be considered as ter-minating the case unless upon petition of the complainant orother interested party #led with the 1upreme Court within 5days from notice of the <oard!s decision.

5 ( 7hat are the gro*n,s to ,is1*ali y an in&estigator appointe,+y the Boar, o Go&ernors6

( They are the following3

0 )f he is related to the respondent or counsel within the thdegree of consanguinity or a(nity9

/0 )f he has pecuniary interest with the respondent9

40 )f he has personal bias9 and

0 )f he has acted as counsel for either party, unless the parties signand enter upon the record their written consent.

5 ( Ho' ay the in&estigator +e ,is1*alife, i he ,oes not inhi+ithi sel 6

( ;e may be dis6uali#ed by an order of the )<P <oard of Bo ernorsupon a ote of majority of the <oard upon the instance of either party.&r, he may be remo ed for cause by a ote of at least si$ *=0 membersof the )<P <oard of Bo ernors.

5 ( State the re e,y o a party i the case is ,is isse,.

( The decision is re iewed by the 1upreme Court motu proprio or upona timely appeal by complainant within 5 days from notice of dismissal.

5 ( State the proce,*re or ,is+ar ent in the S*pre e Co*rt:

94




. Dpon the initiation of the complaint, the 1C may refer the case forin estigation to the 1olicitor Beneral, or any o(cer of the 1upremeCourt, or judge of a lower court9 /. )f referred, the in estigator shall proceed with the in estigationand ma"e a report to the 1upreme Court.

5 ( 7ho ay i pose the penalty o s*spension o an attorney6

( 1uspension of an attorney may be imposed by3

. The 1upreme Court, pending in estigation under Rule 4@-<9/. The CA or RTC whose decision shall be transmitted to the 1upreme

Court for in estigation.

5 ( !escri+e the nat*re o a ,is+ar ent)s*spension procee,ingsagainst a la'yer.

( The proceedings shall be pri ate and con#dential but the 1upremeCourt resolution shall be published.

5 ( 7hat is the +asic p*rpose o ,is+ar ent6

( The purpose of disbarment is not meant as a punishment to depri ean attorney of a means of li elihood but is rather to protect the courtsand the public from the misconduct of the o(cers of the court and to

ensure the proper administration of justice. *Beaslin s. a arro, @51CRA /48, 7ay , 80.

5 ( !escri+e the po'er o the S*pre e Co*rt to ,isciplinela'yers.

( The power to punish for contempt of court does not e$haust thescope of disciplinary authority of the court o er lawyers. Thedisciplinary authority of the court o er members of the <ar is butcorollary to the court!s e$clusi e power of admission to the <ar. An

attorney will be remo ed not only for malpractice, and dishonesty in hisprofession, but also for gross misconduct not connected with hisprofessional duties, which shows him to be un#t for the o(ce andunworthy of the pri ilege which his license and the law confer uponhim. *1antos s. C>) of Cebu, <ranch ) , @5 1CRA :/, 7ay @, 80.

5 ( %ay a la'yer 'ho has +een ,is+arre, +e reinstate,6 E0plain.

( Mes, but that is a matter of discretion of the CourtReinstatement to the practice of law of one who has been pre iously

disbarred rests on whether or not the applicant has satis#ed andcon inced the Court by positi e e idence that the e'orts he has made toward the rehabilitation of his character has been successful, and

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therefore, he is entitled to be readmitted to a profession that isintrinsically an o(ce of trust. *Prudential <an" s. Brecia, / 1CRA 4@ ,2ec. @, 80.

5 ( !escri+e the procee,ings or ,is+ar ent o la'yers.

. ( Proceedings for the disbarment of members of the bar are not in anysense ci il actions where there is a plainti' and the respondent is thedefendant. 2isciplinary proceedings in ol e no pri ate interest anda'ord no redress for pri ate grie ance. They are underta"en for thepurpose of preser ing courts of justice from the o(cial ministration ofpersons un#t to practice. The attorney is called to answer to the courtfor his conduct as an o(cer of the court. The complainant or theperson who called the attention of the court to the attorney!s alleged

misconduct is in no sense a party, and has generally no interest in theoutcome e$cept as all good citiFens may ha e in the properadministration of justice. *2e era s. Pineda, / 4 1CRA 4 , 1ept. /,

/, citing Tajan s. ;on. icente Cusi, +r., 5: 1CRA 5 , 7ay 48,: 0.

5 ( %ay a la'yer +e ,is+arre, or s*spen,e, or gro*n,s otherthan those en* erate, a+o&e *n,er $*le 8J @ Sec. o the$*les o Co*rt6 E0plain.

( Mes. An attorney may be disbarred or suspended for any iolation ofhis oath or of his duties as an attorney and counsellor which include thestatutory grounds enumerated in 1ection /:, Rule 4@ of the Rules ofCourt. These statutory grounds are so broad as to co er practically anymisconduct of a lawyer in his professional or pri ate capacity. Theenumeration of the statutory grounds for disciplinary action is note$clusi e and a lawyer may be disciplined on grounds other than thosespeci#cally pro ided in the law. Benerally, a lawyer may be disbarred orsuspended for any misconduct whether in his professional or pri atecapacity, which shows him to be wanting in moral character, in honestly,probity and good demeanor or unworthy to continue as an o(cer of the

court, or an un#t or unsafe person to enjoy the pri ileges and to managethe business of others in the capacity of an attorney , or for conduct whichtends to bring reproach on the legal profession or to injure it n thefa orable opinion of the public. Any interested person or the court motuporprio may initiate disciplinary proceedings. *7arcelo s. +a ier, 1r., /1CRA , 1ept. @, /0.

5 ( Ho' ,o yo* ,escri+e the po'er o the S*pre e Co*rt to,is+ar a la'yer6 E0plain.( )t is a matter of judicial discretion.

The determination of whether an attorney should be disbarredor merely suspended for a period in ol es the e$ercise of a soundjudicial discretion mindful always of the fact that disbarment is the

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most se ere form of disciplinary action and should be resorted toonly in cases where the lawyer demonstrates an attitude or courseof conduct wholly inconsistent with appro ed professionalstandards. )n cases of lighter o'enses or of #rst delin6uency, anorder of suspension, which is correctional in nature, should be in-

Oicted. )n iew of the nature and conse6uence of a disciplinaryproceeding, obser ance of due process, as in other judicialdeterminations, is imperati e along with a presumption of innocencein fa or of the lawyer. Conse6uently, the burden of proof is on thecomplainant to o ercome such presumption and establish hischarges by clear preponderance of e idence. *7arcelo s. +a ier, 1r.,supra).

)n Resurreccion s. 1ayson, Adm. Case o. 84:, 2ecember ,@, 8 1CA2 =5 , it was ruled that the power to disbar must be

e$ercised with caution, and only in a clear case of misconduct thatseriously a'ects the standing and character of the lawyer as ano(cer of that Court and member of the <ar. 2isbarment shouldne er be decreed where any lesser penalty, such as temporarysuspension, would accomplish the end desired. *Castillo s.

Taguines, = 1CA2 / , /5 1CRA =0.

5 ( Is it possi+le or the S*pre e Co*rt to ,iscipline a $egister o !ee,s or al easance o his o3cial *nctions6 7hy6

( Mes. >or his misconduct as a public o(cial also constitutes a iolation

of his oath as a lawyer. The lawyer!s oath is a source of his obligationsand its iolation is a ground for his. suspension, disbarment or otherdisciplinary action. The Code of Professional Responsibility applies aswell to lawyers in the go ernment ser ice in the discharge of theiro(cial tas"s. *Collantes s. Renomeron, /88 1CRA 5@ , Aug. =, 0.

5 ( 7hen a la'yer 'as in&estigate,@ he state, that he ,i, notper ect an appeal in a case he han,le, only to say later on thathe 'ith,re' it. Can he +e ,iscipline, or s*ch act6 7hy6

( Mes, because he made a false statement.

A lawyer must be a disciple of truth. Dnder the Code of ProfessionalResponsibility, he owes candor, fairness and good faith to the courts. ;eshall neither do any falsehood, nor consent to the doing of any. ;e alsohas a duty not to mislead or allow the courts to be misled by any arti#ce.*Rule 8.8 of Canon 8, Code of Professional Responsibility0.

>or this o'ense, he was suspended from the practice of law foranother year. True, in &rdonio s. Eduarte, /8: 1CRA // 9 Porac Truc"ing,)nc. s. Court of Appeals, /8/ 1CRA =: and Erectors, )nc. s. %RC, ==1CRA :/@, a suspension of only si$ months for a similar malfeasance wasimposed. <ut in this case, his falsehood is aggra ated by its braFenness,

for it was committed in an attempt, ain as it was, to co er up his forumshopping. *<enguet Electric Cooperati e, )nc. s. Atty. Ernesto <. >lores,A C o 85@ 7arch / @ / 1CA2 :@0

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5 ( A ter ore than o*r 9/ years ro +is s*spension@ on Man*ary 88@ 8 J@ to +e e0act@ respon,ent $a*l %. Gon2ales fle,e+ parte %otion to li t his s*spension ro the practice o la'@alleging the ollo'ing:

8. That respon,ent ga&e ree legal ai, ser&ices to the pooran, nee,y o a +ales an, Iloilo@ +y paying la'yers to ,othe sa e as he co*l, not personally represent sai, clients+y reason o his s*spensionR

. That ,*ring his years o s*spension@ he has p*rs*e, ci&ic'or @ especially or the poor an, ,isplace, people in

a +ales@ ,*ring the height o %t. Pinat*+o er*ptionR

J. That respon,ent has a long recor, in the ser&ice o h* anrights an, the $*le o La'@ especially ,*ring the %artialLa' yearsR

9. $espon,ent plea,s or his reinstate ent to the practice o la' +eca*se his s*spension or ;8 onths has +een thelongest in Philippine legal annalsR

;. $espon,ent states his pro o*n, regrets or theincon&enience 'hich he has ca*se, to the Co*rt an, toso e o its e +ers +*t he 'ishes to ass*re that he ,i,

not act 'ith alice *ch less 'ith a ,esire to inNict haron the Tri+*nalR

D. $espon,ent reiterates &ery sincerely his respect to theinstit*tion 'hich is the S*pre e Co*rt as he reiterates hisoath to con,*ct hi sel as a la'yer accor,ing to the +esto his no'le,ge an, ,iscretion@ 'ith all goo, f,elity as'ell as to the Co*rts@ as to the clients an, fnally restating

ealty to the instit*tion 'hich is the S*pre e Co*rt 'hichhe has al'ays respecte, as the *lti ate +*l'ar o

ree,o @ o the $*le o La'@ o h* an rights an, o e1*ity

an, <*stice.Can he +e reinstate,6 E0plain.

( Mes, for in fact, the 1upreme Court said that this is not a court ofengeance but of justice. The respondent!s contrition, so noticeably

absent of his earlier pleadings, has washed clean the o'ense of his disre-spect. ;is remorse has softened his arrogance and made up for hismisconduct.

Respondent Raul 7. BonFales! suspension from the practice of law for more than four * 0 years has gi en him ample time and

opportunity to amend his erring ways, rehabilitate himself, and thus,pro e himself worthy once again to enjoy the pri ileges of membershipof the <ar

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>or the proper guidance of respondent Raul 7. BonFales, the 1Creiterated a time-honored rule that the practice of law is a pri ilegeburdened with conditions. Adherence to the rigid standards of mental#tness, maintenance of the highest degree of morality and faithfulcompliance with the rules of the legal profession are the conditions

re6uired for remaining a member of good standing of the bar and forenjoying the pri ilege to practice law. The 1upreme Court, as guardianof the legal profession, has ultimate disciplinary power o er attorneys.

This authority to discipline its members is not only a right, but abounden duty as well. The Court cannot, and will not, tolerate anyoutbursts from its members without running the ris" of disorder, chaosand anarchy in the administration of justice. That is why respect and#delity to the Court is demanded of its members ?not for the sa"e ofthetemporary incumbent of the judicial o(ce, but for the maintenance of its supreme importance.?

The 1upreme Court further said3

G!i e t$e prodi'al son in t$e iblical story, respondent Raul .Bon ales comes be ore Os repentant. 6$e passa'e o years $as indeedt$e eNect o ma in' people "iser and $umbler, as it $as to respondent Raul . Bon ales. Ne are con%inced o $is sincerity to Greiterate $isoat$ to conduct $imsel as a la"yer accordin' to t$e best o $is

no"led'e and discretion, x x x and to restate $is ealty to t$einstitution "$ic$ is t$e Supreme ourt x x x. ?

5 ( Constantino charge, Atty. Sal*,ares 'ith con,*ct*n+eco ing o a la'yer or the non(pay ent o a loan 'hichthe latter o+taine, ro co plainant-s son. It appears thatrespon,ent +orro'e, [email protected] ro co plainant-s sonp*rporte,ly or an *rgent personal o+ligation pro ising topay it +ac pro ptly the ollo'ing ,ay. He ,i, not pay,espite ,e an,s.Can he +e s*spen,e, or s*ch act6 7hy6

( Mes. <y his failure to present con incing e idence to justify hisnon-payment of the debt, not to mention his seeming indi'erence tothe complaint brought against him made apparent by hisunreasonable absence from the proceedings before the 1olicitorBeneral, respondent failed to demonstrate that he still possessedthe integrity and morality demanded of a member of the bar. 1uchconduct is unbecoming and does not spea" well of a member of thebar. A lawyer!s professional conduct must at all time be "ept beyondreproach and abo e suspicion. ;e must perform his duties to thebar, to the courts, to his clients, and to the society with honor anddignity. *Constantino s. 1aludares, 2ec. :. 4, = 1CA2 5 :0.

5 ( The Garcia spo*ses@ the !ionisio spo*ses an, "elisa an,%ag,alena Beationg lease, a parcel o lan, to Sotero Lee

or a perio, o ; years.!espite repeate, &er+al an,'ritten ,e an,s@ Lee re *se, to &acate a ter the e0piration

th l

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In this ,is+ar ent case@ Garcia clai s that Lee-s co*nsel@"rancisco@ co ence, &ario*s s*its +e ore ,i=erent co*rts toth'art Garcia-s right to regain her property an, that alltheseprocee,ings 'ere ,eci,e, against Lee. The procee,ingsste e, ro the sai, lease contract an, in&ol&e, the sa e

iss*es an, parties@ th*s &iolating the proscription againstor* (shopping. On the other han,@ "rancisco conten,s that heasserte, in ,e ense o his client-s right only *ch re e,ies as'ere a*thori2e, +y la'.

!eci,e.

( The lawyer can be suspended. <y grossly abusing his right of recourseto the courts for the purpose of arguing a cause that had been repeatedlyrebu'ed, he was disdaining the obligation of the lawyer to maintain onlysuch actions or proceedings as appear to him to be just and such defensesonly as he belie es to be honestly debatable under the law. <y iolating

his oath not to delay any man for money or malice, he has besmirched thename of an honorable profession and has pro ed himself unworthy of thetrust reposed in him by law as an o(cer of the Court. *Barcia s.>rancisco, 7arch 48, 40.

5 ( Atty. !aarol 'as charge, or ,is+ar ent on gro*n,s o ,eceit an, grossl i oral con,*ct.a ter the respon,ent an,co plainant +eca e close to one another@ respon,entin&ite, her to a party@ therea ter@ +e ore ta ing +ac to herho*se in !ipolog City@ he in&ite, her or a <oyri,eR par e,the <eep at a +eachR pro ise, her arriage. He starte,caressing her ,o'n to her pri&ate parts. The co plainanttol, her that she 'as a rai, to gi&e 'hat he 'ante,@ +*trespon,ent ept on pro ising to arry herR then@ sheo+lige,. The se0*al interco*rse contin*e, on se&eraloccasions. The 'o an +eca e pregnant@ so he sent her an,her other to %anila an, pro ise, to ollo' the . 7hen hearri&e, in %anila@ he tol, the that he co*l, not arry her+eca*se he 'as alrea,y arrie,. He pro ise, to 'or orthe ann*l ent o his arriage since he an, his 'i e ha,+een li&ing separately or 8D years. Instea,@ the co plainant

'as sent to Ce+* an, she ,eli&ere, her chil, in Ce+*.Therea ter@ he ,i, not see her any ore@ hence@ theco plaint. Can he +e ,is+arre,6 7hy6

Mes. <y his acts of deceit and immoral tendencies to appeasehis se$ual desires, respondent 2aarol has amply demonstrated hismoral delin6uency. ;ence, his remo al for conduct unbecoming by amember of the <ar on the grounds of deceit and grossly immoralconduct *1ec. /:, Rule 4@, Rules of Court0 is in order. Bood moralcharacter is a condition which precedes admission to the <ar *1ec./, Rule 4@, Rules of Court0 and is not dispensed with uponadmission thereto. )t is a continuing 6uali#cation which all lawyers

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must possess *People s. Tuanda, @ 1CRA =@/ S 8 9 2elos Reyess. AFnar, : 1CRA =54 S @ 0, otherwise, a lawyer may either be

suspended or disbarred. *<arrientos s. 2aarol, +anuary / , 40.

5 ( %ari&eles engage, the ser&ices o Atty. %allari in a cri inalcase. He 'as con&icte,@ hence@ he instr*cte, %allari to appealto the CA@ +*t at the CA@ %allari as e, or n* ero*se0tensions an, aile, to fle an appeal +rie @ res*lting in the,is issal o the appeal. He ,isco&ere, his la'yer-s ,esertion o his ,*ties 'hen he 'as s*+poenae, to appear or thee0ec*tion o the ,ecision. E0plain the e=ects o the la'yer-sacts.

( ;e can be disbarred, because he is guilty of abandonmentand dereliction of duty to his client. ;e demonstrated hisindi'erence and lac" of responsibility to the courts and his client aswell as a shameless disregard to his duties as lawyer. ;e is un#t formembership in this noble profession. *7ari eles s. 7allari, >eb. :,

40.

5 ( Atty. Balaoing fle, se&eral cases against <*,ges in OlongapoCity an, a +ales.

The co plaint against %TC M*,ge !o<illo 'as ,is isse,or lac o erit an, ,eclare, that Balaoing-s e0planation

'as *nsatis actory an, he 'as se&erely cens*re, or ha&ing

instit*te, a patently *n o*n,e, an, ri&olo*s a, inistrati&eaction an, 'arne, that the co ission +y hi o the sa eor si ilar iscon,*ct 'ill +e ,ealt 'ith se&erely.

#ot'ithstan,ing the a+o&e 'arning@ Balaoing again fle,t'o / co plaints against M*,ge Cal,eron an, M*,ge%ali'anag or gra&e a+*se o a*thority an, alicio*s ,elay inthe a, inistration o <*stice.

In the case o M*,ge Cal,eron@ it 'as sho'n thatBalaoing 'on in a oreclos*re case againstGa&ilan. A ter the

oreclose, properties 'ere sol, in a p*+lic a*ction@ 'hereBalaoing 'as the highest +i,,er@ a certifcate o sale 'asiss*e, an, the sa e 'as registere,. $espon,ent M*,geallege,ly pre&ente, the i ple entation o the 'rit o possession@ to the pre<*,ice o Balaoing. $espon,ent M*,gee0plaine, that he 1*ashe, the 'rit o possession she earlieriss*e, in a&or o Balaoing +eca*se Ga&ilan-s 'i,o' an, herchil,ren 'ere resi,ing in the oreclose, properties an, theperio, to re,ee the sai, properties ha, not yet e0pire,.

In the case o M*,ge %ali'anag@ Balaoing@ 'ho is theplainti= in t'o ci&il cases pen,ing +e ore the sala o %ali'anag@ allege, that the M*,ge a+*se, his a*thority +y

* i t l i *lt th t i i

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,espite their repeate, ail*re to atten, the pretrialcon erences an, to s*+ it their pre(trial +rie s."*rther ore@ she charge, %ali'anag 'ith gross ignoranceo the la' or allege,ly iss*ing a patently *n<*st or,er.

All the a, inistrati&e cases 'ere ,is isse, or lac o erit.%ay Atty. Balaoing +e ,is+arre,6 7hy6

Mes. )t is shown from the facts that <alaoing has a penchantfor #ling administrati e charges against judges in whose sala he haspending cases, whene er the latter render decisions or issue ordersad erse to him andGor his client. )n <agamasbad s. +udge 2eBuFman *A7 o. RTC-@@, o . :, @ 0, the 1upreme Courtadmonished lawyers to be more prudent in #ling administrati echarges against members of the judiciary. )t is true that ?the lawyerowes entire de otion to the interest of the client, warm Feal in themaintenance and defense of his rights and the e$ertion of hisutmost learning and ability. o fear of judicial disfa or or publicunpopularity should restrain him from the full charge of his duty. <utit is stead fastly to be borne in mind that the great trust of thelawyer is to be performed within and not without the bounds of thelaw. The o(ce of attorney does not permit, much less does itdemand from him or any client, iolation of law or any manner of fraud or chicanery. ;e must obey his own conscience and not that of his client. <alaoing went out of bounds when he #led his baselessand fri olous administrati e complaints against +udges Calderon and7aliwanag with no other plain and clear purpose than to harass

judges, thus, e$act engeance on them for rendering ad erse judgments against him and his client. *<alaoing s. Caideron, A7 o.RT+- 8-5489 <alaoing s. 7aliwanag, A7 o. RT+-=:=, April /:, 40.

5 ( The respon,ent 'as charge, 'ith ,ishonesty an, gra&eiscon,*ct in connection 'ith the the t o so e pages ro ae,ical chart 'hich 'as aterial e&i,ence in a ,a age s*it

fle, +y his clients against so e ,octors an, St. L* e-sHospital. Can he +e ,is+arre,6 7hy6

( Mes. <y stealing the said pages of the medical chart, he iolated

Rule .8 , Canon of the Codes of Professional Responsibility as wellas Canon : which pro ided3

GRule *. * - A la"yer s$all not en'a'e in unla" ul, dis$onest,immoral and deceit ul conduct.G

G anon :. - A la"yer s$all at all times up$old t$e inte'rity and di'nity o t$e le'al pro ession and support t$e acti%ities o t$e Inte'rated ar.G

A la'yer is an o3cer o the co*rts@ he is Fli e the co*rt itsel @ aninstr* ent or agency to a,&ance the en,s o <*sticeF. People

e0 reI Karlin &s. C*l in D> A.L.$. ;8@ ;;/. An incorrigi+lepractitioner o F,irty tric s@F li e Grecia 'o*l, +e ill(s*ite, toischarge the role o Fan instr* ent to a &ance the en s o

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<*stice.F

The importance of integrity and good moral character as part of alawyer!s e6uipment in the practice of his profession has been stressed bythe Court repeatedly.

Gx x x. 6$e bar s$ould maintain a $i'$ standard o le'al profciency as "el,P as o $onesty an,d air dealin'. Benerally spea i6<', a la"yer can do $onor to t$e le'al pro essQon by ait$ ully

per orm,in' $is d,uties to society, to t$e bar, to t$e courts and to $isclients. 6o t$is end, not$in' s$ould be done by any member o t$ele'al raternity "$ic$ mi'$t tend to lessen in any de'ree t$econfdence o t$e public in t$e fdelity, $onesty and inte'rity o t$e

pro ession. ( arcelo %s. <a%ier, Sr., A.c. Co. 4/ @, September @,/0.

Gx x x. 6$e nature o t$e oMce o an attorney at la" requirest$at $e s$all be a person o 'ood moral c$aracter. 6$is qualifcation isnot only a condition precedent to admission to t$e practice o la"D itscontinued possession is also essential or remainin' in t$e practice o la", in t$e exercise o pri%ile'es o members o t$e ar. Bross mis>conduct on t$e part o a la"yer, alt$ou'$ not related to t$e disc$ar'eo pro essional duties as member o t$e bar, "$ic$ puts $is moralc$aracter in serious doubt, renders $im unft to continue in t$e

practice o la". ( elendre %s. 2ecena, := S RA ==/, =:=0

x x x public policy demands t$at le'al "or in representation o parties liti'ant s$ould be entrusted only to t$ose possessin' testedqualifcation and "$o are s"orn to obser%e t$e rules and t$e et$ics o t$e pro ession, as "ell as bein' subJect to Judicial disciplinary control

or t$e protection o courts, clients and t$e public.G (4$il Association o &ree !abor Onions /4A&!O0 %s. inalba'an Isabela Su'ar ompany, /S RA + -, + H).

<y descending to the le el of a common thief, respondent Brecia hasdemeaned and disgraced the legal profession. ;e has demonstrated hismoral un#tness to continue as a member of the honorable fraternity of

lawyers. ;e has forfeited his membership in the <ar.

GBenerally, a la"yer may be disbarred or suspended or any misconduct, "$et$er in $is

pro essional or pri%ate capacity, "$ic$ s$o"s $im to be"antin' in moral c$aracter, in $onesty, probity and 'ooddemeanoror un"ort$y to continue as an oMcer o #t$ecourt, or an unft or unsa e person to enJoyt$e pri%ile'esand to mana'e t$e business o ot$ers in t$e capacity o an attorney, or or conduct "$ic$ tends to brin'reproac$ ont$e le'al pro ession or to inJure it in t$e

a%orable opinion o t$e public.G ( arcelo %s. <a%ier, Sr. A. . Co. 4/ @, September =, /9 &ernande %s.

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Brecia, <une :, 40.

5 ( A s'orn co plaint 'as fle, 'ith the S*pre e Co*rt on 9!ece +er 8 8@ 'ith the co plainant !orothy B. Terre@charging respon,ent Mor,an Terre@ a e +er o the Philippine

Bar 'ith Fgrossly i oral con,*ct@F consisting o contracting asecon, arriage an, li&ing 'ith another 'o an other thanco plainant@ 'hile his prior arriage 'ith co plainantre aine, s*+sisting.

His ,e ense 'as that his frst arriage 'ith co plainantis &oi,@ hence@ his arriage 'ith his secon, 'i e is &ali,.There is@ there ore@ no i oral con,*ct. Is his ,e ense &ali,67hy6

.( o. Nhen the second marriage was entered into, re-spondent!s prior marriage with the complainant was subsisting, no

judicial action ha ing been initiated or any judicial declaration as tonullity of the same. That he was in good faith was not accepted sincehis pretended defense was the same thing which he used to in eiglecomplainant into belie ing that her prior marriage was oid. Themoral character of respondent was deeply Oawed, hence, his actselo6uently displayed, not only his un#tness to remain as a memberof the <ar, but li"ewise his inade6uacy to uphold the purpose andresponsibility of his gender because marriage is a basic socialinstitution. *Arroyo s. CA, B.R. os. ==8/ and =: 5, o . ,

0.

)n Pomperada s. +ochico, 44 1CRA 48 * @ 0, it was said, inrejecting a petition to be allowed to ta"e the oath as a member of the<ar and to sign the Roll of Attorneys3

GIt is e%ident t$at respondent ails to meet t$estandard o moral ftness or members$ip in t$e e'al

pro ession. 5$et$er t$e marria'e "as a Jo e asrespondent claims, or a tric played on $er as claimedby complainant, it does not spea "ell o respondent#smoral %alues. Respondent $ad made a moc ery o marria'e, a basic social institution "$ic$ public policy c$eris$es and protects. ( ordo%a %s. ordo%a, : S RAK / <D !a'uitan %s. 6inio, : S RA @4:0.

In Boli&ar &s. Si +ol@ 8D SC$A D J@ the Co*rt o*n, the respon,entg*ilty o Fgrossly i oral con,*ctF +eca*se he a,e Fa ,*peo co plainant li&ing on her +o*nty an, allo'ing her to spen,

or his schooling an, other personal necessities 'hile ,angling+e ore her the irage o a arriage@ arrying another girl assoon as he ha, fnishe, his st*,ies@ eeping his arriage asecret 'hile contin*ing to ,e an, oney ro co plainant. 0

0 0.F The Co*rt hel, s*ch acts Fin,icati&e o a character not'orthy o a e +er o the Bar.F

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FOR PRIVATE AND PERSONAL USE ONLY ________________________________________________________________ The SC sai, that the con,*ct o respon,ent Mor,an Terre in

in&eigling co plainant !orothy Terre to contract in a secon,arriage 'ith hi R in a+an,oning co plainant !orothy Terre

a ter she ha, care, or hi an, s*pporte, hi thro*gh la'school@ lea&ing her 'itho*t eans or the sa e ,eli&ery o his

o'n chil,R in contracting a secon, arriage 'ith Helina%alic,e 'hile his frst arriage 'ith co plainant !orothyTerre 'as s*+sisting@ constit*te, Fgrossly i oral con,*ctF*n,er Section o $*le 8J o the $*les o Co*rt@ a=or,ing

ore than s*3cient +asis or ,is+ar ent o respon,ent Mor,anTerre. He 'as *n'orthy o a, ission to the Bar in the frstplace. The Co*rt 'ill correct this error orth'ith. Terre &s.Terre@ M*ly J@ 8 /.

5 (A la'yer entice, his ;(year ol, a*nt to entr*st all her oneyto hi . He later on re *se, to ret*rn it. Can he +e ,is+arre,67hy6

( Mes, because he iolated the Code of Professional Responsibilityas well as his oath as an attorney. ;is deceitful conduct ma"es himunworthy of membership in the legal profession. The nature of theo(ce of a lawyer re6uires that he shall be of good moral character.

This 6uali#cation is not only a condition precedent to admission to thelegal profession but its continued possession is essential to maintainone!s good standing in the profession. ;e was disbarred. *Rayos&mbac

s. Rayos, 8 1CA2 : /, /@5 1CRA 40.

5 ( 7hat is the e=ect i the co plainant in a ,is+ar ent casee0ec*tes an a3,a&it o 'ith,ra'al o the case6 7hy6

( othing, as it does not e$onerate the respondent. A case of disbarment or suspension may proceed regardless of interest or lac" of interest of the complainant. Nhat matters is whether, on the basis of the facts borne out by the record, the charge of deceit and grosslyimmoral conduct has been duly pro en. *Rayos-&mbac s. Rayos,supra).

5 ( 7hat is the nat*re o a ,isciplinary procee,ing6

( A proceeding for suspension or disbarment is not in any sense aci il action where the complainant is a plainti' and the respondent is adefendant. )t in ol es no pri ate interest and a'ord no redress forpri ate grie ance. )t is underta"en and prosecuted solely for the publicwelfare and for preser ing courts of justice from the o(cial ministrationof persons un#t to practice law in them. The attorney is called toanswer to the court for his conduct as an o(cer of the court. *Rayos-&mbac s. Rayos, supra).

105




5 ( 7hat is the e=ect i a la'yer proc*res personal loans thro*ghinsin*ations o his po'er as an inN*ence pe,,ler in the B*rea*o C*sto s an, iss*es +a, chec s an, ta es a,&antage o hisgo&ern ent o3ce6

( ;e can be suspended, for a lawyer shall not engage in unlawful,dishonest, immoral or deceitful conduct. )n the case at bar, thelawyer!s propensity for employing deceit and misrepresentation as wellas his ca alier attitude towards incurring debts without the leastintention of repaying them is reprehensible. This disturbing beha iorcannot be tolerated most especially in a lawyer who is an o(cer of thecourt. *Co s. <ernardino, 8 1CA2 :58, /@5 1CRA 8/0.

5 ( I a la'yer ails to appeal a case@ can he +e s*spen,e,6 7hy6

Mes, because a lawyer shall not neglect a legal matter entrustedto him and his negligence in connection therewith shall render himliable. * illaluF, et aI. s. Armenta, et aI., 8 1CA2 =5@, /@5 1CRA 0.

5 ( !oes it ean that he can +e s*spen,e, e&en i he +elie&esthat s*ch appeal is *seless6 7hy6

Mes, because it is highly improper for him to adopt such

opinion without any clear instruction from his client not to appealthe ad erse erdict. A lawyer owes entire de otion in protecting theinterest of his client, warmth and Feal in the defense of his rights. ;emust use all his learning ability to the end that nothing can be ta"enor withheld from his client in accordance with law. ;e must presente ery remedy or defense within the authority of the law in supportof his client!s cause, regardless of his personal iews. *Reontoy s.)badlit, 8 1CA2 :4@, /@5 1CRA @@0. )n fact, a lawyer has no right towai e his client!s right to appeal.

M !ICIAL ETHICS

M !ICIAL ETHICSis the branch of moral science which treats of the right and

proper conduct to be obser ed by all judges in trying and decidingcontro ersies brought before them for adjudication which conduct mustbe demonstrati e of impartiality, integrity, competence, independenceand freedom from improprieties. This freedom from improprieties mustbe obser ed in both the public and pri ate life of a judge - being the

isible representation of the law.

• So*rces o M*,icial Ethics:

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. Code of +udicial Conduct/. Constitution *Art ))), Art )H and Art )))04. ew Ci il Code *Articles , /8, /:, 4/, 45,

:4 , ,/885,/845,/8 =0. Re ised Rules of Court*Rules: , 45, 4:, 4 <, 80

5. Re ised Penal Code *Articles /8 ,/85,/8=,/8:0=. Anti-Braft and Corrupt Practices Act *RA 48 0:. Canons of +udicial Ethics *Adm. &rder o. =/0@. Code of Professional Responsibility

. +udiciary Act of @ *RA / =08. +udiciary ReorganiFation Act of 48 *@P / 0

. 1upreme Court 2ecisions/. >oreign 2ecisions4. &pinions of authorities

. &ther 1tatutes5. 1C Circulars

• Co*rt ( a board or other tribunal which decides litigation or contest(?idal'o %s.

an'lapus, = 2.B. 4 @ 0. A court may e$ist without a judge.

• M*,ge ( a public o(cer who, by irtue of his o(ce, is clothed with judicialauthority. A public o(cer lawfully appointed to decide litigated 6uestionsin accordance with law (4eople @S. anantt<n, 5 S RA =@:0. This refers topersons only. There may be a judge without a court.

.•

!e <*re <*,ge ( one who is e$ercising the o(ce of judge as a matter of right, an o(cer of a court who has been duly and legally elected orappointed and whose term has not e$pired. An o(cer of the law fully

ested with all of the powers and functions conceded under the law to a judge, which relate to the administration of justice within the jurisdictiono er which he presides (!una @ . Rodri'ue , 4: 4$il. 0.

• !e acto <*,ge ( a judge who in good faith continues to act and isrecogniFed by common error after the abolition of his court by statute isdeemed judge de acto of the new court which succeeds to the jurisdictionof that presided o er by him (O.S. %s. Abalos, 4$il :=0. An o(cer who isnot fully ested with all the powers and duties. conceded to judges, but ise$ercising the o(ce of a judge under some color of right.

• 5*alifcations to +e S*pre e Co*rt %e +ers:. atural born citiFen of the Philippines

/. At least 8 years of age4. 7ust ha e been at least for 5 years, a judge of a lower court or

engaged in thepractice of law (Sec. :*/0, Art. @III, @: onstitution)

•

5*alifcations to +e M*,ges:. CitiFen of the Philippines/ 7ember of the <ar (Sec :*/0 Art @III @: onstitution)

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FOR PRIVATE AND PERSONAL USE ONLY ________________________________________________________________ • 5*alifcations o M*stices an, M*,ges *n,er the M*,iciary

$eorgani2ation Acto 8 > B.P. 8 /:

. Presiding +ustice and Associate +ustices of the Court of Appeals shall ha ethe same 6uali#cations as those pro ided in the Constitution, for +ustices

of the 1upreme Court *1ec. 50/. RTC judges shall be natural born citiFens of the Philippines, at least 45years 8 age and for at least ten years, has been engaged in the practiceof law in the Philippines or has held a public o(ce in the Philippinesre6uiring admission to the practice of law as an indispensable re6uisite*1ec. 50.

4. 7TC judges shall be natural born citiFens of the Philippines, at least 48years of age, and for at least # e years, has been engaged in the practiceof law in the Philippines, or has held a public o(ce in the Philippinesre6uiring admission to the practice of law as an indispensable re6uisite.

CO!E O" M !ICIAL CO#! CT

P$EA%BLE

An honorable, competent and independent judiciary e$ists to administer justice and thus promote the unity of the country. The stability of

go ernment, and the well-being of the people.

CA#O# 8

A M !GE PHOL! THE I#TEG$IT A#! I#!EPE#!E#CE O" THE M !ICIA$

$ LE 8.>8 -A judge should be the embodiment of competence, integrity andindependence.

$ LE 8.> - A judge should administer justice impartially and without delay.

$ LE 8.>J -A judge should be igilant against any attempt to sub ert theindependence of the judiciary and should forthwith resist any pressure fromwhate er source intended to inOuence the performance of o(cial functions.• +udges should a oid e en the slightest infraction of the law.

• 7ust be models of uprightness, fairness and honesty

109



FOR PRIVATE AND PERSONAL USE ONLY ________________________________________________________________ • 1hould - not rela$ in his study of the law and court

decisions.

• 7ust decide motions without delay.

• 1hould also appear impartial

CA#O#

A M !GE SHO L! A OI! I%P$OP$IET A#! THE APPEA$A#CE O"I%P$OP$IET I# ALL ACTI ITIES.

$ LE .>8 - A judge should so beha e at times as to promote publiccon#dence in the integrity and impartiality of the judiciary.

$ LE .> - A judge should not see" publicity for personal ainglory.

$ LE .>J - A judge shall not allow family, social, or other relationships toinOuence judicial conduct or judgement. The prestige of judicial o(ce shallnot be used or lent to ad ance the pri ate interest of others, nor con ey orpermit others to con ey the impression that they are in a special position toinOuence the judge.

$ LE .>9( A judge should refrain from inOuencing in any manner theoutcome of litigation or dispute pending before an-other court oradministrati e agency.

• A judge must be beyond suspicion. ;e has the duty not only to render a

just and impartial decision but also to render it in such a manner as to befree from any suspicion as to its fairness and impartiality, and also as tohis integrity.

• E ery litigant is entitled to nothing short of the cold neutrality of anindependent, wholly free disinterested and impartial tribunal.

• A judge must be temperate in his language and must not losehis cool.

• A judge is prohibited from ma"ing public statements in the media

regarding a pending case so as not to arouse public opinion for or againsta party * iolates the Principle of 1ubjudice0

110




• +udges must not use or permit the use of any undigni#ed self-laudatorystatement regarding their 6uali#cations or legal ser ices.

• A judge must not allow anyone to ride on his prestige. ;e should not

create the impression that someone or some people are so close to him toenjoy his fa or.

CA#O# J

A M !GE SHO L! PE$"O$% O""ICIAL ! TIES HO#ESTL @ A#! 7ITHI%PA$TIALIT A#! !ILIGE#CE A!M !ICATI E $ESPO#SIBILITIES.

$ LE J.>8 - A judges shall be faithful to the law and maintain professionalcompetence.

• +udge should be con ersant with the law and )ts amendments.

$ LE J.> - )n e ery case, a judge shall endea or diligently to ascertain thefacts and the applicable law unswayed by partisan interests, public opinion orfear of criticism.

• >inding, of facts must be based not on the personal "nowledge of the judge but upon the e idence presented.

• )f the personal iew of the judge contradicts the applicable doctrinepromulgated by the 1upreme Court, nonetheless, he should decide thecase in accordance with that doctrine and not in accordance with hispersonal iews. ;e is howe er not prohibited from stating his own opinionon the matter if he wants to! in ite constructi e attention thereto.

$ LE J.>J - A judge shall maintain order and proper decorum in the court.

$ LE J.>9 - A judge should be patient, attenti e, and courteous to lawyers,especially the ine$perienced, to litigants, witnesses, and others appearingbefore the court. A judge should a oid unconsciously falling into the attitudeof mind that the litigants are made for the courts, instead of the courts forthe litigants.

• Conduct of trial must not be attended with fanfare and publicity9 notpermit pictures or broadcasting.

111




7ust use temperate language should not ma"e insulting remar"s

$ LE J.>; - A judge shall dispose of the court!s business promptly anddecide cases within the re6uired periods

$ LE J.>D - Nhile a judge may, to promote justice, pre ent waste of time orclear up some obscurity, properly inter ene in the presentation of e idenceduring the trial, it should always be borne in mind that undue interferencemay pre ent the proper presentation of the cause or the ascertainment of truth.

$ LE J.> - A judge should abstain from ma"ing public comments on anypending or impending case and should re6uire similar restraint on the part of court personnel.

• A judge must properly organiFe his court to ensure prompt and con enientdispatch of its business *Canon @, Canons of +udicial Ethics0

• A judge should closely super ise court personnel so that ade6uateprecautions are ta"en sending out subpoenas, summons, and courtprocesses to ensure that they are timely ser ed and recei ed *1C Circular

o. 4 dated +uly 4 , @:, Par. Sa 0

• Ascertain that the records of all cases are properly "ept and managed.

• 7aintain a chec"list on the cases submitted for decision with a iew to"nowing e$actly the speci#c deadlines for the resulutionGdecision of thesaid cases.

• %oss of records3 gross negligence

• 1hould be a good manager

• 7ay summarily punish any person including lawyers and court personnelfor direct contempt for misbeha ior committed in the presence of or so

near a court or a judge as to obstruct or interrupt the proceedings beforethe same *Rule : , Re ised Rules of Court0

• 7ay not summarily suspends a lawyer for indirect contempt.

E ery court has the inherent power among others, to preser e and enforceorders in its immediate presence to compel obedience to its judgments,orders and processes and to control, )n furtherance of justice the conduct ofits ministerial o(cers (Sec. 5,

Rule 45 Q8, Re%ised Rules o ourt) .

• +udge Nas the power to appoint, but the power to dismiss courtemployees is ested

112




in the 1upreme Court.

• )f "nowingly nominate or appoint to any public o(ce any person lac"ingthe legal 6uali#cation therefor, shall be guilty of unlawful appointmentpunishable with imprisonment and #ne (Alt. / , Re%ised 4enal ode).

ADMINISTRATI)E RESPONSI,ILITIES

$ LE J.> - A judge should diligently discharge administrati eresponsibilities, maintain professional competence in court management, andfacilitate the performance of the administrati e functions or other judges andcourt personnel.

$ LE J.> - A judge should organiFe and super ise the court personnel toensure the prompt and e(cient dispatch of business, and re6uire at all times

the obser ance of high standards of public ser ice and #delity.$ LE J.8> - A judge should ta"e or initiate appropriate disciplinarymeasures against lawyers or court personnel for unprofessional conduct of which the judge may ha e become aware.

$ LE J.88 ( A judge should appoint commissioners, recei ers, trustees,guardians, administrators and others strictly on the basis of merit and6uali#cations, a oiding nepotism and fa oritism. Dnless otherwise allowed bylaw, the same criteria should be obser ed in recommending appointment of court personnel. Nhere the payment of compensation is allowed, it should be

reasonable and commensurate with the fair alue of ser ices rendered.

!IS5 ALI"ICATIO#

$ LE J.8 - A judge should ta"e no part in a proceeding where the judge!s impartiality might reasonably be 6uestioned. These cases includeamong others, proceedings where3

a0 the judge has personal "nowledge of disputed e identiary facts

concerning the proceeding9 b0 the judge ser ed as e$ecutor, administrator, guardian, trustee or

lawyer in the case or matter in contro ersy, or a former associate of the judge ser ed as counsel during their association, or the judge or lawyer wasa material witness therein9

c0 the judge!s ruling in a lower court is the subject of re iew9

d0 the judge is related by consanguinity or a(nity to a party litigantwithin the si$th degree or to counsel within the fourth degree9

e0 the judge "nows that the judge!s spouse or child has a #nancial

113



FOR PRIVATE AND PERSONAL USE ONLY ________________________________________________________________ interest, as heir, legatee, creditor, #duciary, or otherwise, in the subjectmatter in contro ersy or in a party to the proceeding, or any other interestthat could be substantially affected by the outcome of the proceeding.

)n e ery instance, the judge shall indicate the legal reason for

inhibition.• Petition to dis6ualify judge must be #led before rendition of judgment by

the judge9can!t be raised #rst time on appeal.

• )f a judge denies petition for dis6uali#cation. the ultimate test3 is whetheror not thecomplaint was depri ed of a fair and )mpartial trial.Remedy see" new trial.

$E%ITTAL O" !IS5 ALI"ICATIO#

$ LE J.8J -A judge dis6uali#ed by the terms of Rule 4. / may, insteadof withdrawing from the proceeding, disclose on the record the basis of dis6uali#cation. )f, based on such disclosure, the parties and lawyersindependently of the judge!s participation, all agree in writing that the reasonfor the inhibition is immaterial or insubstantial, the judge may thenparticipate in the proceeding. The agreement, signed by all parties and law-

yers, shall be incorporated in the record of the proceeding.CA#O# 9 ( A <*,ge ay@ 'ith ,*e regar, to o3cial ,*ties@ engage inacti&ities to i pro&e the la'@ the legal syste an, thea, inistration o <*stice.

$*le 9.>8 - A judge may, to the e$tent that the following acti ities donot impair the performance of judicial duties or case doubt on the

judge!s impartiality3a. spea", write, lecture, teach or participate in acti ities

concerning the law, the legal system and theadministration of justice9

b. appear at a public hearing before a legislati e ore$ecuti e body on matters concerning the .law, thelegal system or the administration of +ustice andotherwise consult with them on matters concerning theadministration of justice9

c. ser e on any organiFation de oted to the impro ementof the law, the legal system or the administration of

justice.

• 2ecision to engage in these acti ities depends upon the sound judgment of the judge.

114




• )f has not enough time to spare *such as when caseload is too hea yprudence dictates, he must concentrate on his judicial duties.

• )f a judge has time to spare, the best attitude to ta"e is to participate in

acti ities which are closely related to the performance of his duties andwhich do not consume much of his time and energy.

CA#O# ;

A M !GE SHO L! $EG LATE E T$A(M !ICIAL ACTI ITIES TO%I#I%I E THE $ISK O" CO#"LICT 7ITH M !ICIAL ! TIESA! OCATIO#AL@ CI IC A#! CHA$ITABLE ACTI ITIES.

$ LE ;.>8 - A judge may engage in the following acti ities pro ided thatthey do not interfere with the performance of judicial duties or detract fromthe dignity of the court3

a0 write, teach and spea" on non-legal subjects9b0 engage in the arts, sports, and other special recreational

acti ities9c0 participate in ci ic and charitable acti ities9d0 ser e as an o(cer, director, trustee, or non-legal ad i-

sor of a non-pro#t or non political educational, religious, charitable,fraternal, or ci ic organiFation.

"I#A#CIAL ACTI ITIES

$ LE ;.> - A judge shall refrain from #nancial and business dealingthat tend to reOect ad ersely on the court!s impartiality, interfere with theproper performance of judicial acti ities or increase in ol ement withlawyers or persons li"ely to come before the court. A judge should somanage in estments and other #nancial interests as to minimiFe thenumber of cases gi ing grounds for dis6uali#cations.

$ LE ;.>J - 1ubject to the pro isions of the proceeding rule, a judge may

hold and manage in estments but should notser e as o(cer, director, manager, ad isor, or employee of any businesse$cept as director of a family business of the judge.

$ LE ;.>9 -A judge or any immediate member of the family shall not accepta gift, be6uest, factor or loan from anyone e$cept as may be allowed by law.

$ LE ;.>; - o information ac6uired in a judicial capacity shall be used ordisclosed by a judge in any #nancial dealing or for any other purpose notrelated to judicial acti ities.• Prohibitions under the Re ised Penal Code3

115



FOR PRIVATE AND PERSONAL USE ONLY ________________________________________________________________ Art 8;. Pro%i-ite& Tran$action . The penalty of prision correccional in itsminimum period or a #ne ranging from P/88 to P 888 or both, shall be)mposed upon any appointi e public o(cer who, during his incumbency, shalldirectly or indirectly become interested in any transaction of e$change orspeculation within the territory subject to his jurisdiction.

Art 8D. Po$$e$$ion o. pro%i-ite& intere$t -" a pu- ic o/cer . Thepenalty of arresto mayor in its medium period to prison correccional in itsminimum period, or a #ne ranging from P/88 to P 888, or both, shall beimposed upon a public o(cer who directly and indirectly, shall become)nterested in any contract or business which it is his o(cial duty to inter ene.

• Acceptance of gifts gi en by reason of the o(ce of a public o(cer isindirect bribery(Art. / , R4 )

• Nhen he agrees to perform an act constituting a crime in connection withthe performance of his o(cial duties in consideration of any o'er,promise, gift or present recei ed by such o(cer, he is guilty of directbribery (Art. -* , R4 )

• Sec 4. orrupt practices o public oMcers. )n addition to acts or omissionsof public o(cers already penaliFed by e$isting law, the following shallconstitute corrupt practices of any public o(cer and are hereby declaredto be unlawful3*h0 2irectly or indirectly ha ing #nancial or pecuniary interest in any

business, or contract or transaction )n connection with which hereinter enes or ta"es part in his o(cial capacity or in which he is prohibitedby the Constitution or by any law from ha ing any interest, (Sec. +($), RA+ * )

• 2onations gi en to a judge, or to his wife, descendants or ascendants byreason of his o(ce are oid (Art. :4 , i%il ode)

• General $*le: A oid ta"ing or recei ing loans from litigants (Sec. / /b0and /c0 o R.A. + * , and Sec. =, art. @III o t$e onstitution)

E0ception AGCPA/: Dnsolicited gifts or presents of small alue o'eredor gi en as a mere ordinary to"en of gratitude or friendship according tolocal custom or usage (Sec. o R.A. + * )

• o solicitation of funds by public o(cials *1ec. : Sd , R.A. =: 40

"I! CIA$ ACTI ITIES

$ LE ;.>D ( A judge should not ser e as the e$ecutor, administrator,trustee, guardian, or other #duciary, e$cept for the estate, trust, or person of

116



FOR PRIVATE AND PERSONAL USE ONLY ________________________________________________________________ a member of the immediate family, and then only if such ser ice will notinterfere with the proper performance of judicial duties. ?7ember of immediate family? shall be limited to the spouse and relati es within thesecond degree of consanguinity. As a family, a judge shall not3

a0 ser e in proceedings that might come before the court of said judge9or

b0 act as such contrary to Rules 5.8/ to 5.85.

P$ACTICE O" LA7 A#! OTHE$ P$O"ESSIO#

$ LE ;.> ( A judge shall not engage in the pri ate practice of law. Dnlessprohibited by the Constitution or law, a judge may engage in the practice of any other profession pro ided that such practice will not conOict or tend toconOict with judicial functions.

• )ncludes preparation of pleadings or papers in anticipation of litigation,and gi ing of legal ad ice to clients or persons needing the same.

• ot engage in notarial wor".E$ception3 ? otaries public e$-o#cio? - may engage only in notariFation ofdocuments connected with the e$ercise of their o(cial functions. Pro idedall notarial fees on account of the go ernment and certi#cation attestingto lac" of any lawyer or otary Public.

• 1worn statement of assets and. liabilities including statement of amountsand ser ices of income, the amount of personal and family e$penses andthe amount of income ta$ is paid for the ne$t preceding calendar year.

"I#A#CIAL !ISCLOS $E

$ LE ;.> - A judge shall ma"e full #nancial disclosures as re6uired by law.

$ LE ;.> - A judge shall not accept appointment or designation to any

agency performing 6uasi-judicial or administrati e functions.

POLITICAL ACTI ITIES

RD%E 5. 8 V a judge is entitled to entertain personal iews on political6uestions. <ut to a oid suspicion of political partisanship, a judge shallnot ma"e political speeches, contribute to party funds, publicly endorsecandidates for political o(ce or participate in other partisan politicalacti ities.

CO%PLIA#CE 7ITH THE CO!E O" M !ICIAL CO#! CT

117




All judges shall strictly comply with this code.

!ATE O" E""ECTI IT

This code, promulgated on 5 1eptember @ , shall ta"e e'ect on /8&ctober @ .

Lia+ilities o M*,ges

A&mini$trati0e Lia-i itie$1• Brounds for administrati e sanctions against judges (Sec. K o t$e

<udiciary Act o * @0

. 1erious misconduct - implies malice or wrongful intent, not mereerror of judgment, judicial acts complained of must be corrupt orinspired by an intention to iolate the law. or were in persistentdisregard for well-"nown legal rules

/. )ne(ciency - implies negligence, incompetence, ignorance, andcarelessness, when the judge fails to obser e in the performance ofhis duties that diligence, prudence and circumspection which thelaw re6uire3 in the rendition of any public ser ice.

Instances o serio*s iscon,*ct:. Dnjusti#able failure to decide cases within reglementary period

/. >ailure to deposit funds with the municipal treasurer or to producethem despite his promise to do so

4. 7isappropriation of #duciary funds. E$torting money from a party-litigant who has a case before his court

5. 1olicitation of donation for o(ce e6uipment=. Dnlawful solicitation in iolation of R.A. o. =: 4:. >re6uent unauthoriFed absences in o(ce@. >alsi#cation of certi#cate of ser ice to collect salary

. 2eclaring Nednesdays as non-session days which the judge declaredas his ?7id-wee" pause?

8. )nde#nite postponement for, se eral years of a criminal casepending in his sala

. +udges is po"ing his gun to another in a restaurant while in a sateof into$ication

/. Pistol-whipping the complainant on the latter!s left face withoutany justi#cation

4. Acting as counsel andGor attorney-in-fact for all the, parties withopposing interests on a parcel of land in pursuance of his personal self-

118




interest. Dsing intemperate language unbecoming of a judge

5. >ailure to reply to a show cause resolution of the 1upreme Court=. %oss of records:. )naction by judge which is the tantamount to partiality in fa or of

one party ... among others.• )nstances of gross ine(ciency3

. 2elay in the disposition of cases/. Dnduly granting repeated motions for postponement of a case4. Bross incompetence and ignorance of the law

. Reducing to a ridiculous amount the bail bond of the accused in amurder case

5. )ncluding e$ecution in the judgment itself =. 2ismissing uncalendared criminal cases without erifying whether the

other parties had recei ed the notices of court hearings]among others

• Procedure for #ling an administrati e complaint (Rule *; o t$e Re%isedRules o

ourt):. Complaint in writing setting forth clearly the facts and circumstances

relied upon and sworn to and supported by a(da its and documents/. 1er ice or dismissal, which must followed by an answer within 8 days

from date of ser ice ^4. Answer and hearing

. Report #led with the 1upreme Court of #ndings accompanied by e idence

and documents

Ci&il Lia+ilities:

• Ci il %iabilities Re &(cial >unctions3a. &bstructs, defeats, iolates or in any manner impedes or impairs the

ci il rights.b. Nillful or negligent rendition of a decision which causes damages to

anotherc. >or damages3 renderingGneglecting to decide a case causing loss to

a party.

• Ci il Code 2isabilities3$*le: Can!t purchase properties subject of litigation is his court.E0ception: 2oes not apply where the subject property was not

ac6uired from any of the parties to the case, nor will it apply when thelitigation is already #nished.

• 2onations made to a judge by reason of his o(ce are oid.

• Ta"ing ad antage of his position to boost his candidacy amounts to !grossmisconduct.

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FOR PRIVATE AND PERSONAL USE ONLY ________________________________________________________________ • Cannot ser e as o(cers or ad isers of political groups.

Cri inal Lia+ilities

• 7alfeasance under the RPC3a. Qnowingly Rendering Dnjust +udgment (Art. - ;, RPC0

The elements are.. That the o(cer is a judge9

/. That he renders judgment in a case submitted to him fordecision9

4. That the judgment is unjust9. The judge "nows that his judgment is unjust.

b. +udgment Rendered Through egligence (Art. - H, R4 ) The elements are3

. That the o'ender is a judge9/. That he renders judgment in a case submitted to him or

decision4. That the judgment is manifestly unjust9

. That it is due to his ine$cusable negligence or ignorance.

otaries Public

I. 5*alifcations (Sec /4/ and /4 , Re%ised Administrati%e ode (RA ))A. >ilipino citiFen<. & er / years of ageC. 1hould not ha e been con icted of any crime in ol ing moral

turpitude2. Training

. Those admitted to the practice of law/. Those who ha e passed the studies of law in a reputable

uni ersity4. A cler" or deputy cler" of court or one who has at some time

held the position of cler" or! deputy cler" of court or a periodof not less than two */0 years

. Those 6uali#ed or the o(ce of otary Public de oMcio under1panish so ereignty

5. 7unicipal judges as notaries public de o(cio in municipalitiesor 7unicipal districtsi. where there are no persons with the necessary

6uali#cationsii. where there are 6uali#ed persons but they refuse

Appointment

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• non-lawyers as notaries3General $*le: 1C Circular o. = of @5 directedappointing judges to refrain and desist rom appointingandGor renewing the appointment of non-lawyers asnotaries public because of the unethical practices of

notaries public who are non-lawyers9E0ception: )n places where there are no lawyers, orthere are not enough la"yers, the appointment of non-lawyers as notaries public may be allowed, but a non-lawyer who wishes to be commissioned as a notarypublic must apply .

!efne the ollo'ing:

. Court V A board or other tribunal which decides a litigation orcontest. *;idalgo s. 7anglapus, = &.B. 4 @ 0.

/. +udge V A public o(cer who by irtue of his o(ce, is clothed with judicial authority. A public o(cer lawfully appointed to decidelitigated 6uestions in accordance with law. *People s. 7anantan, 51CRA =@:0.

4. 2e jure judge V one who is e$ercising the o(ce of judge as a matterof right9 an o(cer of a court who has been duly and legally electedor appointed.

An o(cer of the law fully ested with all the powers andfunctions conceded under the law to a judge, which relate to theadministration of justice within the jurisdiction o er which hepresides. *%ino %una s. RodrigueF, 4: Phil. 0.

A judge who is in all respect legally appointed and 6uali#ed assuch and whose term of o(ce has not e$pired. *Tay"o s.Capistrano, 54 Phil. @:/0.

. 2e &acto judge V A judge who in good faith continues to act and isrecogniFed by common error after the abolition of his court bystatute is deemed judge de acto of the new court which succeedsto the jurisdiction of that presided o er by him. *D1. s. Abalos, Phil. :=0.

An o(cer who is not fully in ested with all of the powers andduties conceded to judges, but is e$ercising the o(ce of judgeunder some color of right. * %ino %una s. RodrigueF, ibid. 0

&ne who e$ercises the duties of a judicial o(cer under color of an appointment or election thereto. *Tay"o s. Capistrano, 54 Phil.@:/0.

The acts of a de acto judge are just as alid for all purposes asthose of a de Jure judge so far as the public or third persons who

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are interested therein are concerned. $ $ $. The decision of a deacto judge cannot be collaterally attac"ed. * acionalista Party s.

2e era, @5 Phil. 4/0.

The decision of a judge is oid, if on the day it is promulgated,the judge ceased to be a judge. *RodrigueF s. Tesorero de>ilipinas, @ Phil. 4=@9 &ng 1ui s. Paredes, : 1CRA == 9 People

s. 1olis, CA-B.R. o. :-R, o ember /8, =50.

5 ESTIO#S O# M !ICIAL ETHICS

! ( Are there any ,istinctions +et'een the co*rt an, the <*,ge6

ACS. > es. 6$e court is an entity and t$e person "$o occupies t$e position ist$e Jud'e. A court may exist "it$out a Jud'e. 6$ere may be a Jud'e

"it$out a court. (4amintuan %s. !lorente, - 4$il. +;K).

5 ( 7hat ,o yo* *n,erstan, +y the principle that thea, inistration o <*stice is a share, responsi+ility o the <*,gean, the la'yer6

A 1. - )t means that it is the duty of both counsel and judge to maintain notto destroy, the high esteem and regard for courts. Any act on the partof one or the other that tends to undermine the people!s respect for,and con#dence in, the administration of justice is to be a oided. Andthis, e en if both may ha e to restrain pride from ta"ing the better partof their system. *%ugue s. Qayanan, / 1CRA :40. The relations of

judge and lawyer should be founded on mutual respect and on a deepappreciation by one of the duties of the other. *Romero s. alle, :1CRA :0

5 ( E0plain the principle that a <*,ge sho*l, not only +e i partial+*t *st also appear i partial.

A 1. - The sole purpose of courts of justice is to enforce the laws uniformlyand impartially, without regard to persons or their circumstances or to

opinions of men. A judge should at all times be wholly free, disinter-ested, impartial and independent. Elementary due process re6uires ahearing before an impartial and disinterested tribunal. A judge has boththe duty of rendering a just decision and the duty of doing it in amanner completely free from suspicion as to its fairness and as to hisintegrity. +udges therefore, should not only be impartial but they shouldalso appear impartial. *Tan, +r. s. Ballado, :4 1CRA 4 50.

5 ( Sho*l, a <*,ge s*cc* + to press*re ro 'hate&er so*rce67hy6

A 1. - o. To do so is e6ui alent to a case of betrayal of the public trustreposed on a judge as an arbiter of the law and a re elation of hisGher

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wea" moral character. A judge is e$pected to be fearless in hisGherpursuit to render justice, to be unafraid to displease any person,interest or power and to be e6uipped with a moral #ber strong enoughin hisGher o(ce. *RamireF s. CorpuF-7acandog, 1CRA =/0.

5 ( Ho' ,o yo* ,escri+e the appearance o a <*,ge in his o3cialan, personal con,*ct6A 1. - A judge!s o(cial conduct and his beha ior in the per-formance of judicial duties should be free from the appearance of impropriety and must be beyond reproach. *Alagas s. Reyes, 41CRA 59 %i s. iyares, =5 1CRA =:0. E en his personal beha iorin his e eryday life should be beyond reproach. ;e should a oide en the slightest infraction of the law. *Cabrera s. Pajares, /1CRA /:0.

5 ( Ho' ,o yo* e0plain the act that a <*,ge sho*l, +e li eCaesar-s 'i e6

A 1. - A judge should be li"e Caesar!s wife because a judge must not only bepure but must also appear to be so. Appearance is as important asreality in the performance of judicial functions. %i"e Caesar!s wife, a

judge must not only be pure but must be beyond suspicion. *Palang s.osa, 5@ 1CRA ::=0. A judge has the duty not only to render a just and

impartial decision, but also render it in such a manner as to be freefrom any suspicion as to its fairness and impartiality, and also as to the

judge!s integrity. *7artineF s. Bironella, =5 1CRA / 50.

5 ( E0plain the r*le that a <*,ge sho*l, not see p*+licity orpersonal &ainglory.

A 1. - )t means that judges should be prohibited from see"ing publicityfor anity or self-glori#cation. +udges are not actors or actresses orpoliticians. They are also prohibited from ma"ing public commentson any pending or impending case. +udges must not be mo ed by adesire to cater to public opinion to the detriment of justice. *Bo s.CA, /8= 1CRA =50.

5 ( %aya <*,ge in&ite the press ,*ring the hearing o asensational case6 7hy6

A 1. - o. A judge should not allow unnecessary ta"ing of Pictures of thecourt .proceedings. ;e should not allow the broadcasting of proceedings o er the radio or allow the tele ising of the proceedings.

The reason is that, such fanfare and publicity detract from the dignityof the court proceedings for the parties in ol ed tend to become moreself-conscious on their appearances rather than the truth of the factsand substance of the issues. The administration of justice would thenultimately su'er as the judge might be inOuenced by the public clamorengendered by the publicity. >inally, a judge should not see" publicity

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for his personal ainglory.

5 ( 7hen ay a <*,ge inter&ene ,*ring the presentation o e&i,ence6

A 1 - A judge may inter ene during the presentation of e idence in order toe$pedite and pre ent unnecessary waste of time. *2omanico s. CA,// 1CRA / @0. ;e may inter ene to profound clari#catory 6uestions.

*People s. 7uit, : 1CRA = =0. ;e should, howe er, limit himself onlyto clari#catory 6uestions and not to as" searching 6uestions after thewitness had gi en direct testimony. * aldeF s. A6uiliFan, 44 1CRA

580. ;is act should be done sparingly and not throughout theproceedings. *People s. )banson, /8 1CRA =: 0.

5 ( 7hat constit*tes *n,*e inter erence +y the <*,ge in thepresentation o e&i,ence6

A 1. - There is undue interference if the judge will e$tensi ely profound6uestions to the witnesses which will ha e the e'ect of or will tendto build or bolster the case of one of the parties.

5 ( Gi&e the reason +ehin, the r*le that a <*,ge sho*l, notinter ere in the presentation o e&i,ence.

A 1. - A judge should not only be impartial, but he should appear to be so. )f he profounds 6uestions to help build the case of a party, he wouldcome out biased against or partial in fa or of a party. A judge inter-

ference may li"ewise pre ent the proper presentation of the case, andthe ascertainment of the truth in respect thereto.

5 ( An %TC <*,ge 'as present ,*ring the eeting o hisrelati&es +e ore the !A$AB. He e&en s*ggeste, the re&ie'o the lan, re or co&erage an, e&en tal e, to those 'hore *se, to o+ey the 'rit o e0ec*tion iss*e, +y the !A$AB.Is the act o the <*,ge proper6

A 1. - o, because as a member of the <ench, he should ha e realiFedthat his presence, opinion and participation in any proceeding couldslant the e aluation and resolution of the case in fa or of the partyhe identi#es himself with. A judge need not utter any word for hissheer presence, as a member of the +udiciary, would be su(cientsuggestion of persuasion and inOuence. *Barcia, et al. s. aldeF,A.7. o. 7T+- @- 5=, +uly 4, @, = 1CA2 :80.

5 ( I a <*,ge ren,ers a <*,g ent on the ,ay a ter a case iss*+ itte, or ,ecision@ is the act proper6 7hy6

A 1. - Mes, there is nothing anomalous in the act of the judge, as it is e enan e idence of his intention to dispose of cases with dispatch. Theimmediate resolution of the decision was no more than his compliancewith his duty as a judge to dispose of the court!s business promptly anddecide cases within re6uired periods. )nstead of being punished, he

124




should e en be commended for his close attention to duty. *>ule s. CA,et al., B.R. o. // /, 7arch /, @, / 1CA2 0.

5 ( 7hy sho*l, a <*,ge ,eci,e a case 'ithin the regle entaryperio, pro&i,e, or +y the $*les6

A 1. - A judge should decide a case within the reglementary period becausefailure to do so constitutes gross dereliction of duty. A judge shoulddecide a case promptly and e$peditiously, for it cannot be denied that

justice delayed is justice denied. 2elay in the disposition of casesundermines the people!s faith and con#dence on the judiciary. ;ence,

judges are enjoined to decide cases with dispatch. Their failure to do soconstitutes gross ine(ciency and warrants the imposition of ad-ministrati e sanctions on them. *>e T. <ernardo s. +udge Amelia A>abros, A.7. o. 7T+- - l@ , 7ay /, , citing 1ancheF s. estil,A7. o. 7T+- @ , &ctober 4, @, 88 1CA2 :0.

5 ( A <*,ge a, itte, that she aile, to ,eci,e a case 'ithinthe regle entary perio, pro&i,e, or the +y the $*les. Herreason 'as that there 'as o&ersight on her part. Is thereason proper6 7hy6

A 1. - o. A judge is e$pected to "eep his own record of cases so that hemay act on them promptly without undue delay. )t is incumbentupon him to de ise an e(cient recording and #ling system in hiscourt so that no disorderliness can a'ect the Oow of cases and theirspeedy disposition. $ $ $ Proper and e(cient court management isas much his responsibility. ;e is the one directly responsible for theproper discharge of his o(cial functions. *1ee >e T. <ernardo s.

+udge Amelia A >abros, A7. o. 7T+- - l@ , 8= 1CA2 /5, 7ay /,0.

5 ( 7hen ay a <*,ge +e s*+<ecte, to ,isciplinary action or hiserrors6 E0plain.

A 1. - >or liability to attach for gross negligence of the law, the assailedorder, decision or actuation of a judge must not only be founderroneous but, most importantly, it must be established that the judgewas mo ed by bad faith, dishonesty, hatred, or some other li"e moti e.*2ela CruF s. Concepcion, 5 1CA2 = 8, !/45 1CRA 5 :0.

5 ( 7hen is a <*,ge lia+le or ren,ering an *n<*st <*,g ent6E0plain.

A 1. - A judge may be held liable for rendering an unjust judgment when heacts in bad faith, malice, re enge, or some other moti e. *;eirs of thelate asser Masin s. >eli$, == 1CA2 5:, /58 1CRA 5 50.

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FOR PRIVATE AND PERSONAL USE ONLY ________________________________________________________________ 5 ( !isc*ss the i port o the r*le on &ol*ntary inhi+ition o

<*,ges.

A 1. - The import of the rule on oluntary inhibition of judges is that thedecision on whether or not to inhibit is left to the sound discretion and

conscience of the trial judge based on his rational and logical as-sessment of the circumstances pre ailing in the case brought beforehim. )t ma"es clear to the occupants of the <ench that outside of pecuniary interest, relationship or pre ious participation in the matterthat calls for adjudication, there might be other causes that couldconcei ably erode the trait of objecti ity, thus calling for inhibition. Thisis to betray a sense of realism, for the factors that lead to preference orpredelictions are many and aried.

In the #nal rec"oning, there is really no hard and fast rule when itcomes to the inhibition of judges. Each case should be treated

di'erently and decided based on its peculiar circumstances. The issueof oluntary inhibition is primarily a matter of conscience and sounddiscretion on the part of the judge. )t is a subjecti e test the result of which the re iewing tribunal will not disturb in the absence of anymanifest #nding of arbitrariness and whimsicality. The discretion gi ento trial judges is an ac"nowledgment of the fact that these judges arein a better position to determine the issue of inhibition as they are theones who directly deal with parties-litigants in their courtrooms.*People s. Ballermo, B.R. o. /45 =, +uly :, @, 5 1CA2 5: 0.

5 ( A co plaint 'as fle, against a <*,ge or reprehensi+lecon,*ct in engaging in the@ @p*+lication o a gossip ta+loi,@The %irror@ as e,itor an, legal a,&iser an, as a gossip(

ongering col* nist o a local ne'spaper@ S*n Star Clar .Co plainant allege, that respon,ent *se, his ne'spapercol* n to &entilate his +iases or personal anger at people orinstit*tions. "or instance@ 'hen respon,ent aile, to recei&epay ent ro the O3ce o the Go&ernor or a,&ertise entin e0change or a congrat*latory essages in the ai,eniss*e o The %irror@ respon,ent place, a +lan spacep*rporte,ly or the go&ernor-s essage@ an, e0presse,conte pt 'ith a e' lines *n,erneath a pict*re o thego&ernor. Co plainant +elie&es that respon,ent <*,gesho*l, not engage in acti&e@ sensational@ an, ree( or(all

<o*rnalistic 'riting +eca*se s*ch act ,egra,es the <*,icialsyste an, co pro ises his i partiality as an a, inistratoro <*stice. He li e'ise persistently attac e, the go&ernor orhis o&ie( a ing acti&ities.

Can the <*,ge +e ,is isse, or his acts6 7hy6

A 1. - Mes. The Code of +udicial Conduct mandates that a judge should

a oid impropriety and the appearance of impropriety in all acti ities. The personal beha ior of a judge not only upon the <ench but also in

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his e eryday life should be abo e reproach and free from theappearance of impropriety.

There is a di'erence between freedom of e$pression andcompromising the dignity of the Court through publications of emotional outburst and destructi e criticisms. Respondent!s writingof acti e and icious editorials compromises his duties as judge inthe impartial administration of justice, for his iews printed onnewspapers reOect on his o(ce as well as on the public o(cers thathe challenges. >rom the standpoint of conduct and demeanore$pected of a judge, resort to intemperate language only detractsfrom the respect due a member of the judiciary and becomes self-destructi e.

7oreo er, in persistently attac"ing the mo iema"ing acti ities of the pro incial go ernor and repeatedly threatening to #le an actionagainst a public o(cer, respondent encourages litigation and causes

dissension against the public o(cer concerned. As a judge,respondent!s role is to maintain e6uanimity and not instigate litigation. This is not to say that one cannot 6uestion the improper acti ities of go ernment o(cials if there are any. ;owe er, it is not proper for a

judge to write publications of carelessly-worded editorials in localnewspapers. *<enalfre +. Balang s. +udge Abelardo ;. 1antos, A.7. o.7T+- - :, 7ay /=, 0.

5 ( A ter the hearing o the petition or +ail@ the co*rt iss*e,an or,er ,enying the sa e on the gro*n, that the e&i,enceo g*ilt is strong. The petitioner fle, a otion orreconsi,eration@ +*t 'as ,enie,@ the co*rt r*ling that it hasalrea,y clearly spelle, o*t the gro*n,s relie, *pon in the,enial o the otion. The acc*se, as e, or the inhi+ition o the <*,ge conten,ing that +eca*se o the act*ations o the

<*,ge@ he has alrea,y +eco e +iase,@ hence@ he stan,s nochance at all in co*rt presi,e, +y the <*,ge. Is the otionproper6 7hy6

A 1. - o. The orders denying the petition for bail and the motion forreconsideration do not su(ciently pro e bias and prejudice todis6ualify the judge under 1ec. , Rule 4: of the Rules of Court. >orsuch bias and prejudice, to be a ground for dis6uali#cation, must beshown to ha e stemmed from an e$trajudicial source, and result inan opinion on the merits on some basis other than what the judgelearned from his participation in the case. &pinions formed in thecourse of judicial proceedings, as long as they are based on thee idence presented and conduct obser ed by the judge, e en if found later on as erroneous, do not pro e personal bias or prejudiceon the part of the judge. E$trinsic e idence is re6uired to establishbias, bad faith, malice or corrupt purpose, in addition to palpableerror which may be inferred from the decision or order itself.

* ictorio Aleria, +r. s. ;on. Alejandro eleF, +r., B.R. o. /: 88,o ember =, @, 88 1CA2 :/8, citing Nebb s. People, @5

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1CA2 ==, /:= 1CRA / 40.

5 ( A <*,ge or,ere, the release o the acc*se, no'ing that thecash ,eposit or his +ail 'as not yet s*3cient. Is he lia+le orhis act6 7hy6

A 1. - Mes, because the error was gross and patent iolation of law and therules on bail. Nhile it is true that a judge may not be heldadministrati ely accountable for e ery erroneous order or decision*Buillermo s. Reyes, 5@ 1CA2 48, / 8 1CRA 5 0, yet if the error isgross or patent, malicious, deliberate or in e ident bad faith, he maystill be liable. The reason for this is that he is e$pected to ha e a morethan cursory ac6uaintance with the rules on bail. >ailure to follow basiclegal commands embodied in the law and the rules constitutes grossignorance of the law *2el Rosario, +r. s. <artolome, @ 1CA2 /@ , /:81CRA = 59 Aurillo s. >rancisco, 5 1CA2 45/, /45 1CRA /@40 fromwhich no one may be e$cused, not e en a judge. *E elyn 2e Austria s.

+udge &rlando 2. <eltran, A.7. o. RT+- @- 8=, 1eptember , 0.

5 ( %aya <*,ge +e hel, a, inistrati&ely acco*nta+le or e&eryerroneo*s or,er or ,ecision he ren,ere,6 7hy6

A 1. - o. As a rule, a judge may not be held administrati ely accountablefor e ery erroneous order or decision he renders. To unjusti#ably holdotherwise, assuming that he has erred, would be short of harassmentand would ma"e his position doubly unbearable, for no one called upon

to try the facts or interpret the law in the process of administering justice can be infallible in his judgment. The error must be gross orpatent, malicious, deliberate or in e ident bad faith. )t is only in thislatter instance when the judge acts fraudulently or with grossignorance, that administrati e sanctions are called for as an imperati eduty of this Court. *E elyn de Austria s. +udge &rlando 2. <eltran, A.7.

o. RT+- @- 8=, 1eptember , 9 Panganiban s. +udge Pablo <.>rancisco, et al., A.7. o. RT+- @- /5, o ember =, 0.

5 ( Gi&e e0a ples o ,e enses o a <*,ge charge, 'ith ignoranceo the la'.

A 1. - Bood faith and absence of malice, corrupt moti es or improperconsiderations are su(cient defenses in which a judge charged withignorance of the law can #nd refuge. *E elyn de Austria 1. +udge&rlando 2. <eltran, A.7. o. RT+- @- 8=, 1eptember , , citingBuillermo s. Reyes, 5@ 1CA2 48, / 8 1CRA 5 0.

5 ( Are the acts o a <*,ge in his <*,icial capacity s*+<ect o ,isciplinary action6 Is the r*le a+sol*te6 E0plain.

A 1. - o. As a matter of public policy, in the absence of fraud, dishonesty orcorruption, the acts of a judge in his judicial capacity are generally notsubject to disciplinary action, e en though such acts are erroneous.

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*7orada s. +udge Tayao, @ 1CA2 4 , // 1CRA :/4, citing %ouisuitton 1.A. s. +udge illanue a, / = 1CRA / 9 7endoFa 1. illaluF,8= 1CRA == 0. As has been stated in the recent case of 1antos s.

+udge +ose &rlino, A.7. o. RT+- @- @, 1eptember /5, @, @ 1CA2:5/3

G6$e undamental propositions 'o%ernin' responsibility or Judicial error "eremore recently summari ed in #In Re: <oaquin 6. orromeo,# 5 S A2/* H<, / S RA * 50. 6$ere t$e ourt stressed inter alia t$at 'i%ent$e nature o t$e Judicial unction and t$e po"er %ested in t$e S andt$e lo"er courts establis$ed by la", administrati%e or criminalcomplaints are neit$er alternati%e nor cumulati%e to Judicial remedies"$ere suc$ are a%ailable, and must "ait on t$e result t$ereo Existin'doctrine is t$at Jud'es are not liable or "$at t$ey do in t$e exercise o t$eir Judicial unctions "$en actin' "it$in t$eir le'al po"ers and

Jurisdiction. (Al ua, et al. %s. <o$nson, / 4$il. + , 4/=9 Sec. , Act Co.* ). ertain it is t$at a Jud'e may not be $eld administrati%ely accountable or e%ery erroneous order or decision $e renders. (Rodri'o

%s. FuiJano, : S RA * ). 6o $old, ot$er"ise, "ould be to render Judicial oMce untenable, or no one called upon to try t$e acts or interpret t$e la" in t$e process o administerin' Justice can bein allible in $is Jud'ment. (See !ope %s. orpu , :@ S RA 4: 9 4ilipinas

an %s. 6irona>!i"a', * S RA @4 0. 6$e error must be 'ross or pat>ent, deliberate and malicious or incurred "it$ e%ident bad ait$.(Fui on %s. alta ar, <r., =5 S RA / 40.?

)f an alleged error of a judge cannot amount to gross misconductand bereft of any persuasi e showing of deliberate or malicious intentto cause prejudice to any party, the administrati e complaint againsthim insofar as the charge for gross misconduct is concerned, must bedismissed for want of factual basis. *+ewel >. Canson s. ;on. >rancis >.Barchitorena, et al., 1<- - -+, +uly /@, 0.

5 ( An applicant or a position 'as tol, +y the <*,ge that ine0change or his signat*re on her e ploy ent@ she 'o*l,+eco e his girl rien,. Therea ter@ he 'ent on to iss her

against her 'ill. A ter learning that her application ha, +eenappro&e,@ he calle, her to his cha +er an, sai, that she 'asalrea,y his girl rien,. He 'ent on to e +race her@ iss her@ an,to*ch her right +reast. Can the <*,ge +e p*nishe,6 7hy6

A 1. - Mes, because not only did he fail to li e up to high moral standardsof the judiciary, he e en transgressed to ordinary norms of decency e$pected of e ery person. The conduct of a judge,whether o(cial or pri ate, must be beyond reproach and abo esuspicion. A member of the <ench must not only be a good

judge9 he or she must also be a good person. *2awa s. 2e Asa,

= 1CA2 4:4, / / 1CRA :840. This is necessary so as not toerode the faith and con#dence of the public in the judiciary.

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* a al s. Panday, @ 1CA2 = , /:5 1CRA =5 0. )n the #nalanalysis, such faith and con#dence is anchored on the higheststandard of integrity and moral uprightness that judges are e$-pected to possess. As ruled in +unio s. Ri era, +r., 1CA2 48@,//5 1CRA =@@3

GAll Jud'es on all le%els o t$e Judicial $ierarc$y, rom t$is ourt do"nto t$e unicipal or etropolitan 6rial ourts, are bound to obser%et$e abo%e exactin' standards. 6$ere is $o"e%er, a special reason or requirin' compliance "it$ t$ose standards rom t$ose "$o are ront liners o t$e Judicial department. As suc$, a Jud'e is t$e most %isibleli%in' representation o t$e country#s le'al and Judicial system. ?e ist$e Judicial o fcer "$o on a day>to>day basis deals "it$ t$e disputesarisin' amon' simple, rural people "$o comprise t$e 'reat bul o our population. ?e is t$e Judicial oMcer "$o comes into closest andmost requent contact "it$ our people. 6$e Judiciary as a "$ole and

its ability to dispense Justice are ine%itably measured in terms o t$e public and pri%ate acts o Jud'es in t$e 'rass roots le%el. It isessential, t$ere ore, i t$e Judiciary is to en'a'e and retain t$erespect and confdence o our nation, t$at t$is ourt insist t$at municipal Jud'es and all ot$er Jud'es li%e up to t$e $i'$ standardsdemanded by our case la" and t$e ode o <udicial onduct, and by our policy.G

The judge!s lustful conduct was aggra ated by the fact that hewas the superior of the complainant. )nstead of acting in loco

parentis toward his subordinate employee, he too" ad antage of his

position and preyed on her. *Ana 7ay 7. 1imbajon s. +udge Rogelio7. Esteban, A.7. o. 7T+- @- =/, August , , citing Talens-2abon s. Arceo, :/ 1CA2 5/:, /5 1CRA 45 0.

5 ( 7ill the retire ent o a <*,ge precl*,e the fn,ing o anya, inistrati&e lia+ility on his part6 7hy6

A 1. - o. The retirement of a judge or any judicial o(cer from the ser icedoes not preclude the #nding of any administrati e liability to whichhe shall still be answerable. )n Ballo s. Cordero, = 1CA2 5=, / 51CRA / , it was said that since the court had this jurisdiction at the

time of the #ling of the administrati e complaint it was not lost bythe mere fact that the respondent public o(cial had ceased in o(ceduring the pendency of his case. The Court retains its jurisdictioneither to pronounce the respondent o(cial innocent of the chargesor declare him guilty thereof. A contrary rule would be fraught withinjustice and pregnant with dreadful and dangerous implications. )f innocent, respondent o(cial merits indication of his name andintegrity as he lea es the go ernment which he has ser ed well andfaithfully9 if guilty, he deser es to recei e the corresponding censureand a penalty proper and imposable under the situation. * illa7acasasa, et at. s. +udge >austo ;. )mbing, A.7. o. RT+- - :8,August =, 0.

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5 ( A <*,ge sho*l, act +eyon, reproach an, s*spicion. !oesthis an,ate incl*,e his personal +eha&ior6 7hy6

A 1. - Mes. A judge should conduct himself beyond suspicion andreproach, and be free from appearance of impropriety in hispersonal beha ior, not only in his o(cial duties, but also in hise eryday life. o position demands greater moral righteousnessand uprightness than a seat in the judiciary. A judge must be theepitome of integrity and justice. *Assn. of Court Employee s.

Tupas, +uly /, @ 0.

5 ( State ho' a <*,ge sho*l, con,*ct hi sel in theper or ance o his ,*ties an, in his ,ealings 'ith others.

A 1. -The court e$ists to promote justice *Canon /, Canons of +udicial

Ethics09 accordingly, the judge!s o(cial conduct should be free fromappearance of impropriety, and his personal beha ior, not only uponthe bench and in the performance of o(cial duties, but also in hise eryday life, should be beyond reproach. *Canon 4, id.). ;e is the

isible representation of the law and, more importantly, of justice.*&(ce of the Court Administrator s. Bines, 4 1CA2 :=, // 1CRA/=/ S 4 9 )nciong s. 2e Buia, 5 1CRA 4 S @: 9 2ela PaF s.)nutan, = 1CRA 5 8 S :5 0. ;e should administer his o(ce with adue regard to the integrity of the system of the law itself,remembering that he is not a depositary power, but a judge underthe sanction of law. *Canon @9 Buillen, et al. s. +udge icolas, A.7.7T+- @- ==, 8 1CA2 4 :, 2ecember , @, citing Caamic s.Balapon, 5= 1CA2 , /4: 1CRA 4 80.

5 (!escri+e the ,*ty o a <*,ge 'hene&er an acc*se, plea,sg*ilty to a capital o=ense.

A 1. -Trial courts must e$ercise meticulous care in accepting a plea of guiltyin a capital o'ense. +udges are duty-bound to be e$tra solicitous inseeing to it that when an accused pleads guilty, he understands fullythe meaning of his plea and the import of his ine itable con iction.*People s. BonFaga, /: 1CRA 5@0. Courts must proceed with more

care where the possible punishment is in its se erest form, li"e death,for the reason that the e$ecution of such a sentence is irre ocable.E$perience has shown that innocent persons ha e at times pleadedguilty. *People s. Albert, == 1CA2 5=, /5 1CRA 4=0. &nly a clear,de#nite and unconditional plea of guilty by the accused must beaccepted by trial courts. (ibid.). There is no such rule which pro idesthat simply because the accused pleaded guilty to the charge that hiscon iction should automatically follow. *People s. 7endoFa, / 1CA2

@,/4 1CRA /= 0. A judge should always be an embodiment of competence. *Rule .8 , Canon , Code of +udicial Conduct0. As anadministrator of justice, it is imperati e that the trial judge carry out hisduties ably and competently so as not to erode public con#dence in the

judiciary. *People s. 1e illano, et al., B.R. o. / 85@, 85 1CA2 / =,

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7arch / , 0.

5 ( In a cri inal case or alsifcation an, *se o alsife,,oc* ent@ the <*,ge 'as charge, 'ith i partiality or ha&ing

aile, to inhi+it hi sel ,espite the act that he 'as relate, tothe acc*se, 'ithin the o*rth ,egree o a3nity@ the'i e o theacc*se, +eing the frst co*sin o the <*,ge. 7as the act o the

<*,ge proper6 E0plain.

A 1.- o. Dnder Rule 4:, 1ec. of the Rules of Court, ajudge who is relatedwithin the si$th degree of consanguinity or a(nity to a party in a caseis dis6uali#ed from sitting in the case without the consent of all parties,e$pressed in writing, signed by them, and entered upon the record.

This prohibition is not limited to cases in which he acts by resol ingmotions and issuing orders as respondent judge has done in thesubject criminal case. The purpose of the prohibition is to pre ent notonly a conOict of interest but also the appearance of impropriety on thepart of the judge. A judge should ta"e no part in a proceeding where hisimpartiality might reasonably be 6uestioned *Canon 4, Rule 4. /0 andhe should administer justice impartially and without delay. *Canon ,Rule .8/9 %aFo s. +udge Antonio Tiong, A.7. o. 7T+- @- :4,2ecember 5, @, 8 1CA2 = /0.

5 ( A <*,ge 'as ca*ght in the act o ,e an,ing an, recei&ingoney ro a party(litigant. Is the act s*3cient to re o&e

hi 6 7hy6

A 1. -Mes. A judge should always be a symbol of rectitude and propriety,comporting himself in a manner that will raise no doubt whatsoe erabout his honesty. *Muson s. oel, 5 1CA2 =,//: 1CRA 0. The con-duct of respondent judge shows that he can be inOuenced by monetaryconsiderations. ;is act of demanding and recei ing money from aparty-litigant constitutes serious misconduct in o(ce. )t is this "ind of gross and Oaunting misconduct, no matter how nominal the amountin ol ed on the part of those who are charged with the responsibility of administering the law and rendering justice 6uic"ly, which erodes therespect for law and the court. *&(ce of the Court Administrator s.Baticales, /8@ 1CRA 58@0.

The respondent judge tainted the image of the +udiciary to whichhe owes fealty and the obligation to "eep it at all times unsullied andworthy of the people!s trust. *Barcia s. 2ela Penia, @ 1CA2 : , //conduct. ;e iolated the established norms of judicial beha ior and thebest interest of the judiciary demands that he be dismissed fromser ice.

5 ( 7hat are so e o the gro*n,s or the ,is issal o a <*,ge6State the reasons.A 1. - 1ome acts that may warrant dismissal of a judge3

*a0 acceptance of bribe9

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*b0 holding o(ce and conducting hearings at his residence9

*c0 use of physical iolence against the personnel of his court whofailed to deli er the entire olume of nipa ordered by him for the

roof of his house9 *lmpao s. 7a"ilala, A.7. o. 7T+-@@- @ , &c-tober 4, @ , :@ 1CRA 5 0.

*d0 recei ing money from litigants and borrowing from them withoutpaying bac"9

*e0 ordering a litigant to install an air-conditioning unit for the car of his wife. *&mpoc s. Torres, 1ept. :, @ 0.

Reasons3

7embers of the judiciary should display not only the highestintegrity but at all times conduct themsel es in such a manner as to bebeyond reproach and suspicion. The respect and con#dence of thepublic may justi#ably be eroded if the conduct of an erring judge iscondemned. *Paredes s. <uduha, 2ec. :, @ 0.

5 ( An $TC <*,ge 'as fne, an, re1*ire, to pay an a o*nte1*i&alent to three J/ onths salary. He ,is isse, si0in or ations or &iolation o BP BIg. +eca*se the chec s'ere *n,ate,@hence@ 'ere ere pro issory notesR the iss*(ance ,i, not constit*te cri inal actsR that their collection

can +e properly a,e in a ci&il case. 7as the act o the <*,ge proper6 7hy6

A 1. - o, in fact, the judge was #ned for ignorance of the law. ;is opinionthat the chec"s were in alid because they were not dated alsore ealed his unfamiliarity with 1ec. = of the egotiable )nstrument %aw.*Torres s. Pedrosa, Aug. //, @ 0. )t is the duty of a judge to "eepabreast with the law and jurisprudence.

5 (%aya <*,ge +e s*+<ecte, to ,isciplinary action in case o isappreciation o e&i,ence6 Is the r*le a+sol*te6 E0plain.

A 1. - o. )n 7iranda s. 7analastas, 2ec. / , @ , the 1upreme Court saidthat mere error in the appreciation of e idence, unless so gross andpatent as to produce an inference of ignorance or bad faith or that the

judge un"nowingly rendered an unjust judgment, are irrele ant inadministrati e proceedings against the judge. A judge is not infallible inhis judgment. All that is e$pected of him is that he follows the rulesprescribed to ensure fair and impartial hearing.

A judge may not be administrati ely liable for erroneous ruling.

5 ( I a party fle, an a, inistrati&e case against a <*,ge@ 'illthis inci,ent constit*te a gro*n, to ,is1*ali y the <*,ge ro

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trying the case6 7hy6

A 1. - o. )n Aparicio s. Andal, +uly /5, @ , the 1upreme Court said thatthe mere #ling of an administrati e case does not constitute aground to dis6ualify a judge from hearing the case, otherwise, manycases would ha e to be "ept pending or there might not be enough

judges to handle all the cases pending in all courts. There must #rstbe a showing of arbitrariness or prejudice before the judge can beconsidered partial or bias.

;ence, if a judge denies the motion to inhibit him, his continuedcogniFance of the case pending before him is proper, if no TR& orinjunction is issued against him.

5 ( State the e=ect i a <*,ge sho's signs o partiality an, pre( <*,g ent in a case. 7hy6

A 1. - The judge can be inhibited from further trying the case.

Partiality and pre-judgment can be just and alid reasons for the judge to oluntarily inhibit himself. <ut mere suspicion that he is partialis not enough. There must be e idence to pro e the charge. *>ecundo

s. <enjamin, 2ec. @, @ 0. A litigant is entitled to the fairness andcold neutrality of an impartial judge.

5 ( %a,a C so*ght the assistance o a <*,ge ine0pe,iting the intestate estate procee,ings o her ,ecease,co on(la' h*s+an,. He@ ho'e&er@ too a,&antage o herhelplessness an, state o aterial ,epre,ation an, too heras his istress. 7as the act o the <*,ge proper6 7hy6

A 1. - o, because a judge should personify judicial integrity ande$emplify honesty in public ser ice. The personal beha ior of a

judge, both in the performance of o(cial duties and in pri ate lifeshould be abo e suspicion. The e$ploitation of women becomesreprehensible when the o'ender commits injustice by the bruteforce of his position of power and authority. *Calanog case0.

5 ( %aya <*,ge +e hel, to ans'er or an erroneo*s ,ecision'hich he ren,ere,6 7hy6

A 1. -A judge cannot be held to account or answer, criminally, ci illy, oradministrati ely for an erroneous decision rendered by him in goodfaith. Nhile the 1upreme Court does not re6uire perfection and infal-libility, it reasonably e$pects a faithful and intelligent discharge of dutyby those who are selected to #ll the positions of administrators of

justice.

5 ( A <*,ge has alrea,y retire, 'hen an a, inistrati&e case 'asfle, against hi . Is he still 'ithin the co*rt-s <*ris,iction67hy6

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A 1. - Mes. E en if a judge has already retired before the administrati e casewas #led against him, the 1upre me Court held that the court has notlost its jurisdiction o er him e en if his retirement has been appro ed,for his retirement bene#ts ha e not yet been paid. The reason for this

is that the people would ha e no remedy left anymore. <y reason of public policy, the Court must assert and maintain jurisdiction for actsperformed in o(ce which are inimical to the ser ice and prejudicial tothe interest of the litigants and the general public.

5 (%aya <*,ge 'ho e0ercises his <*,icial *nction +e a,e lia+leor ,a ages6 7hy6

A 1. -A judge who e$ercises his judicial functions cannot be liable fordamages. The test of liability is not jurisdiction, but the nature of the6uestion which is being determined when the error complained of is

committed by the court. *Aparicio s. Andal, B.R. o. @=5@: 4, +uly /5,@ 0. ;e is not liable e en though there is in reality absolute failure of jurisdiction o er the subject matter. >or, judges are e$cluded fromliability under Art. 4/, ew Ci il Code, pro ided, their acts do notconstitute a iolation of the Re ised Penal Code.

5 ( An $TC M*,ge 'as re o&e, on charges o i orality an,con,*ct *n+eco ing o a p*+lic o3cial. It 'as allege, that he

aintaine, a istress@ ha&ing +een the ather o t'o chil,ren'ith her@ inspite his +eing a arrie, an. Is the act o the

<*,ge proper6 7hy6

A# 1. - o, because the judge has beha ed in a manner not becoming of hisrobes and as a model of rectitude, betrayed the people!s highe$pectations, and diminished the esteem in which they hold the

judiciary in general.

The circumstances show a lac" of circumspection and delicade aon the part of the respondent judge by failing to a oid situations thatma"e him suspect to committing immorality and worse, ha ing thatsuspicion con#rmed especially so that under Canon , Rule .8 , a

judge should be the embodiment of competence, integrity, probity andindependence.

The Code of +udicial Ethics mandates that the conduct of a judgemust be free from impropriety not only with respect to the performanceof his judicial duties, but also to his beha ior outside his sala and as apri ate indi idual. There is no dichotomy of morality3 a public o(cial isalso judged by his pri ate morals. The Code dictates that a judge, inorder to promote public con#dence in the integrity and impartiality of the

judiciary, must beha e with propriety at all times. A judge!s o(cial lifecan not simply be detached or separated from his personal e$istence.

Thus3

G ein' t$e subJect o constant public scrutiny, a Jud'e s$ould reely and "illin'ly accept restrictions on conduct t$at mi'$t be %ie"ed asburdensome by t$e ordinary citi en.G

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5 ( E0plain the re$ ip$a oquitor ,octrine in the in&estigation o errant <*,ges.

A 1. -)n these res ipsa loquitur resolutions, there was on the face of the

assailed decisions an ine$plicable gra e error bereft of any redeemingfeature, a patent railroading of a case to bring about an unjust deci-sion, or a manifestly deliberate intent to wrea" an injustice against ahapless party.

The res ipsa loquitur doctrine does not accept or dispense withthe necessity of pro ing the facts on which the inference or e il intentis had. )t merely e$presses the clearly sound and reasonable conclusionthat when such facts are admitted or are already shown by the record,and no credible e$planation that would negati e the strong inference of e il intent is forthcoming, no further hearing to establish them to

support a judgment as to the culpability of a respondent is necessary.(In re: +udge <altaFar 2iFon, Adm. Case o. 48@=, 7ay 4 , @ 0.

5 ( In Cle encio Sa+itsana@ Mr. &s. M*,ge A,riano illa ore@ $TM#o. >(9 9@ Oct. 9@ 8 8@ a co plaint 'as fle, alleging thatin his onthly certifcates o ser&ice@ he a,e it appear thathe ha, resol&e, all cases s*+ itte, or ,ecision 'ithin the

>(,ay perio, 'hen in tr*th@ he ha, 8; cases *n,eci,e,ro ; years +ac or ro %arch 8 ;. 7as the act o the

<*,ge proper6 7hy6

A 1. - o. A member of the <ench cannot pay mere lip ser ice to the 8-dayre6uirement, but should, in fact, perse ere in its implementation. TheCerti#cate of 1er ice is not merely a means to one!s paychec", but aninstrument by which the Courts can ful#ll the constitutional mandate of the people!s right to a speedy disposition of cases. Thus, it has beenruled3

G6$e people#s ait$ in t$e administration o Justice, especially t$ose "$obelon' to t$e lo" income 'roup, "ould be 'reatly impaired i decisionsare lon' in comin', more so rom trial courts "$ic$ unli e colle'iatetribunals "$ere t$ere is a need or extended deliberation, could be

expected to act "it$ dispatc$.G ( a'damo %s. 4a$imulin, Adm. atter Co. KK-> <, + September :=, :4 S RA ** ).

5 ( Sho*l, a <*,ge sho' *n,*e interest in a pen,ing case +e oreanother co*rt6 7hy6

A 1. - o. Cardinal is the rule that a judge should a oid impropriety in allacti ities. The Canons mince no words in mandating that a judge shallrefrain from inOuencing in any manner the outcome of litigation ordispute pending before another Court. *Canon /, Rule /.8 0.)nterference by members of the <ench in pending suits with the end in

iew of inOuencing the course or the result of litigation does not onlysub ert the independence of the judiciary but also undermines the

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people!s faith in its integrity and impartiality. *Commentaries on theCode of +udicial Conduct0. &n this point, )mpao s. 7a"ilala *A.7. o.7T+-@@- @ , &ctober 4, @ , :@ 1CRA 5 0 e$pounds3

GIt is an important Judicial norm t$at a Jud'e#s pri%ate as "ell as

oMcial conduct must at all times be ree rom t$e appearance o im> propriety.G (!u'ue %s. =ayanan, B.R. Co. !/=@/@, Au'ust / , = ,/ S RA =59 x x x). As $eld by t$is ourt in t$ecase o 2ela 4a %s. Inutan, Adm. atter Co. - * <, <une + , :5, =S RA H; :

G6$e Jud'e is t$e %isible representation o t$e la" and, moreimportantly, o Justice. &rom $im, t$e people dra" t$eir "ill anda"areness to obey t$e la". 6$ey see in $im an intermediary o Justicebet"een t"o con7ictin' interests, especially in t$e station o municipal

Jud'es, li e respondent <ud'e, "$o $a%e t$at close and direct contact "it$ t$e people be ore anybody else in t$e Judiciary. 6$us, or t$e

Jud'e to return t$at re'ard, $e must be t$e frst to abide by t$e la"and "ea%e an example or t$e ot$ers to ollo".G

5 ( I a <*,ge reconsi,ers his ,ecision)or,er@ can he +e charge,a, inistrati&ely6 7hy6

A 1. - o. )t is the prerogati e of a judge to correct his own decision before itbecomes #nal and e$ecutory, so as to ma"e it conform to the e idencepresented and the applicable laws. *<aguyo s. %e iste, 8: 1CRA 450.

The rule is true for as long as the judge is in good faith which is alwayspossessed.

A judge is not administrati ely accountable for e ery erroneousruling or decision rendered, pro ided, he acts in good faith and withoutmalice. *7endoFa s. illaluF, 8= 1CRA == 0. The proper remedy of theaggrie ed party is not an administrati e charge against the judge butan appeal or petition for re iew of his decision. *7artin s. +udgePlacido allarta, A.7. o. 7T+- 8- 5, Aug. /, 0.

5 ( 7hat is the e=ect i a <*,ge allo's the release o an acc*se,

'ho 'as con&icte, o a non(+aila+le o=ense6 7hy6A 1. - The judge is guilty of gross misconduct when he allowed accused

indi iduals duly con icted of non-bailable o'enses and drug pushersat that - to enjoy pro isional liberty by way of bail. Dnder the factsobtaining in these cases, good faith cannot be presumed on the partof the respondent judge. The suspicious circumstances attendingthe cases in point are far too glaring to ignore. * illa s. Amonoy,A.C. RT+-@ -4 5, >eb. 4, 0.

5 ( Ho' ,o yo* ,escri+e the o3ce o a <*,ge6 E0plain.

A 1. -The o(ce of a judge e$ists for one solemn end V to promote justice byadministering it fairly and impartially. *BonFales s. Austria 7. Abaya,

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:= 1CRA =4 0. The judge is the isible representation of the law andof justice. >rom him, the people draw their will and awareness to obeythe law. As such, he should a oid e en the slightest infraction of thelaw. *)nciong s. 2e Buia, 5 1CRA 49 2ela PaF s. )nutan, = 1CRA5=, :: 1CRA 450. )n Santos %s. !uman', it was said that a judge who,

through gross ignorance of the laws or serious misconduct, frustratesthe people!s search for justice, commits a ran" disser ice to the causeof justice which calls for recti#cation and the imposition of appropriatedisciplinary measures. )n 1ummers s. &Faeta, @ Phil. :5 , it has beensaid that a judge!s position demands e6uanimity, prudence, fortitudeand courage.

5 ( "or ail*re to pay a <*st ,e+t@ a <*,ge 'as fne,P >@OOO.OO.7as the penalty proper6 7hy6

A 1. -Mes. Nillful failure to pay a just debt is a serious o'ense under Rule8 of the Rules of Court, as amended by the resolution of the

1upreme Court, dated +uly /5, : . The amount in ol ed *P ,588.880is not big. ;e could easily ha e paid it, but it appears that he was benton frustrating the complainant!s best e'orts to obtain satisfaction of her lawful claim, apparently for no other intention than to annoy andoppress her for ha ing haled him and his wife into court. Nhile anejectment case is supposed to be summary in nature, respondent

judge, through dilatory tactics, stretched the trial o er a period of ten* 80 years, and dragged the case all the way from the municipal courtto the Court of Appeals. After the decision had become #nal, he

delayed payment for two more years. ;e came across only after thecomplainant in e$asperation had #led this administrati e chargeagainst him.

Respondent judge!s conduct toward the complainant wasoppressi e and unbecoming a member of the judiciary. ;e used hisposition and his legal "nowledge to welsh on a just debt and to harasshis creditor. ;is e$ample erodes public faith in the capacity of courts toadminister justice. ;e iolated Rule /.8l. Canon / of the Code of +udicialconduct which re6uires that ?a judge should so beha e at all times asto promote public con#dence in the integrity and impartiality of the

judiciary. *2e +ulio s. +udge <enjamin ega, A.7. o. RT+-@ - 8=, +uly@, 0.

5 ( 7hat sho*l, the O3ce o the O +*,s an ,o i a cri inalco plaint against <*,ge is fle, 'ith that o3ce6 7hy6

A 1. -Nhere a criminal complaint against a judge or other court employeesarises from their administrati e duties, the &mbudsman must deferaction on said complaint and refer the same to the 1upreme Court fordetermination whether said judge or court employee had acted withinthe scope of their administrati e duties. This is so because Article ))),1ection = of the @: Constitution e$clusi ely ests in the 1upremeCourt administrati e super ision o er all courts and court personnel,

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from the Presiding +ustice of the Court of Appeals down to the lowestmunicipal trial court cler". <y irtue of this power, it is only the1upreme Court that can o ersee the judges and court personnel!scompliance with all laws, and ta"e the proper administrati e actionagainst them if they commit any iolation thereof. o other branch of

go ernment may intrude into this power, without running afoul of thedoctrine of separation of powers. *7aceda s. as6ueF, // 1CRA = ,April //, 40.

5 ( %ayan action o a <*,ge in the e0ercise o his <*,icial *nction+e the s*+<ect o a ,isciplinary action6 Is the r*le a+sol*te6

A 1. - o. As a general rule, the acts done by a judge in his judicial capacityare not subject to disciplinary action, e en though erroneous. Theseacts become subject to disciplinary power only when they are attendedby fraud, dishonesty, corruption or bad faith. *Abiera s. 7aceda, 5/1CA2 5@ , /44 1CRA 5/8, +une 48, 0.

A judge is not administrati ely accountable for e ery erroneousruling or decision rendered, pro ided, he acts in good faith and withoutmalice. *7artin s. allarta, /88 1CRA = , Aug. /, 0.

Bood faith and absence of malice, corrupt moti es and improperconsideration are su(cient defenses that may be a ailed of by a

judicial o(cer charged with ignorance of the law and promulgation of an unjust decision from being held accountable for errors of judgment,on the premise that no one called upon to try the fact or interpret thelaw in the administration of justice can be infallible. *Pilipinas <an" s.

Tirona-%iwag, 8 1CRA @4 , &ct. @, 80.

5 ( State the concept an, ele ents o no'ingly ren,ering*n<*st <*,g ent.

A 1. - Qnowingly rendering an unjust judgment is both a criminal and anadministrati e charge. As a crime, it is punished under Art. /8 of the RPC, the elements of which are3 *a0 the o'ender is a judge9 *b0he renders a judgment in a case submitted to him for decision9 *c0the judgment is unjust9 and *d0 the judge "nows that his judgment is

unjust. The gist of the o'ense therefore is that an unjust judgmentbe rendered maliciously or in bad faith, that is, "nowing it to be unjust.

An unjust judgment is one which is contrary to law or is notsupported by the e idence, or both. The source of an unjust judgmentmay be error or ill-will. There is no liability at all when re6uired toe$ercise his judgment or discretion. A judge is not liable criminally forany error which he commits, pro ided he acts in good faith. <ad faith istherefore the ground of liability. )f in rendering judgment the judge fully"new that the same was unjust in the sense aforesaid, then he actedmaliciously and must ha e been actuated and pre ailed upon byhatred, en y, re enge, greed, or some other similar moti e. 7ere error

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therefore in the interpretation or application of the law does notconstitute the crime.

The nature of the administrati e charge of "nowingly renderingan unjust judgment is the same as the criminal charge. Thus, it mustbe established that the judge rendered a judgment or decision notsupported by law andGor e idence and that he must be actuated byhatred, en y, re enge, greed, or some other similar moti e.

)f for e ery error of a judge he should be punished, then perhapsno judge, howe er good, competent and dedicated he may be, cane er hope to retire from the judicial ser ice without a tarnished image.1omehow along the way he may commit mista"es, howe er, honest.

This does not e$clude members of appellate courts who are not alwaysin agreement in their iews. Anyone belonging to the minority opinionmay generally be considered in error, and yet, he is not punished

because each one is entitled to e$press himself. This pri ilege shoulde$tend to trial judges so long as the error is not moti ated by fraud,dishonesty, corruption, or any other e il moti e. *2ela CruF s.Concepcion, 5 1CA2 = 8, /45 1CRA 5 :, Aug. /5, 0.

5 (I a <*,ge is charge, an, the co plainant has lost interest inprosec*ting the case@ 'ill the case +e ,is isse,6 7hy6

A 1. - o. The fact the complainant has lost interest in prosecuting theadministrati e case against a judge will not necessarily warrant adismissal thereof. &nce charges ha e been #led, the 1upreme Courtmay not be di ested of its jurisdiction to in estigate and ascertainthe truth of the matter alleged in the complaint. The 1upreme Courthas an interest in the conduct of members of the +udiciary and inimpro ing the deli ery of justice to the people, and its e'orts in thatdirection may not be derailed by the complainant!s desistance fromfurther prosecuting the case he or she initiated.

To condition administrati e actions upon the will of e erycomplainant, who may, for one reason or another, condone adetestable act, is to strip the Court of its super isory power todiscipline erring members of the +udiciary. 2e#nitely, personalinterests are notmaterial or controlling. Nhat is in ol ed here is a matter of publicinterest considering that a judge is no ordinary citiFen but an o(cer of the court whose personal beha ior not only upon the bench and in theperformance of judicial duties, but also in his e eryday life, should bebeyond reproach. *)mbing s. Tiongson, @ 1CA2 8 ,// 1CRA = 8,>eb. :, 0.

5 (. applie, or the position o an $TC <*,ge 'itho*t re&ealingthat he has t'o pen,ing cases. Is the act o proper6 7hy6

A 1. - o. A judge is held guilty of gross misrepresentation when he failed todisclose that he was facing two serious criminal charges when he

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accepted appointment and subse6uently 6uali#ed as RTC judge. Theargument that he had not yet been con icted and should be presumedinnocent is beside the point, and so is the contention that the crimes of homicide and attempted homicide do not in ol e moral turpitude. Theimportant consideration is that he had a duty to inform the appointing

authority and the 1C to determine on the basis of his record hiseligibility for the position he was see"ing. *&(ce of the CourtAdministrator s. Estacion, +r., @ 1CRA 44, +an. , 80.

5 ( 7hy sho*l, a <*,ge reg*late his e0tra<*,icialacti&ities6

A 1. -+udges are enjoined not only to regulate their e$trajudicial acti ities inorder to minimiFe the ris" of conOict with their judicial duties but alsoprohibited from engaging in the pri ate practice of law. *<alayan s.&campo, / @ 1CRA 4, +an. / , 40.

5 ( %ay a <*,ge iss*e a s*+poena to a person 'hohas no case inhis sala6 7hy6

A 1. - o. )n the absence of a case in his sala in connection with which aparty could be subpoenaed, a judge has absolutely no power orauthority to issue a subpoena to such party.

The judge, in using a subpoena form for criminal cases tosummon a party upon the re6uest of another who had no casebefore his court, in ited legitimate criticism against his o(ce as aninstrument of oppression. ;is act constitutes ignorance of the law

and oppression which should warrant disciplinary sanction. *Caamics. Balapon, +r., 5= 1CA2 , /4: 1CRA 4 8, &ctober :, 0.

5 ( %ay a <*,ge eet one o the parties iRn a case insi,e hischa +ers 'itho*t the other party an, e,,le 'ith the iss*escon ronting the parties on the prete0t o settling it6 7hy6

A 1. - o. )n the absence of their lawyers, a judge ought not tomeddle in issues confronting the parties e en on the prete$t of settling their cases as such act would compromise the integrity of his o(ce. +udges are cautioned to a oid in-chamber sessions withoutthe other party and his counsel present, and to obser e prudence at

all times in their conduct to the end that they not only actimpartially and with propriety but are also percei ed to be impartialand proper.

The act of a judge in meeting with complainants without thepresence of counsel and warning them not to tell anyone, anddemanding money under the guise of forging peace between theparties constitutes gra e misconduct. *Capuno s. +aramillo, +r., 541CA2 4/ , /4 1CRA / /, +uly /8, 0.

5 ( %aya <*,ge sole ni2e arriage 'itho*t arriage license67hy6

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FOR PRIVATE AND PERSONAL USE ONLY ________________________________________________________________ A 1 .- o. >or solemniFing marriages e en without the re6uisite marriage

license, a judge is deemed to ha e actually triOed with the law!sconcern for the institution of marriage and the legal e'ects Oowingfrom ci il status, which should merit administrati e sanction, withoutprejudice to the ci il and criminalliabilities he may ha e incurred as

well. *Cosca s. Palaypayon, +r., 55 1CA2 :5 ,/4: 1CRA / , 1ept. 48,0.

5 ( !*ring the inc* +ency o a <*,ge@ he sent o*t han,+illsin,icating his intention to r*n or a congressional seat. 7asthe act o the <*,ge proper6 7hy6

A 1. - o. A judge acted improperly when he sent out lettersGhandbillsmanifesting his intention to run as a congressional candidatewhile still the incumbent judge and prior to the commencementof the campaign period. ;e too" ad antage of his position toboost his candidacy, demeaned the stature of his o(ce and mustbe pronounced guilty of gross misconduct. * istan s. icolas,/8 1CRA 5/ , 1ept. 4, 0.

5 ( Sho*l, a <*,ge report to his o3ce e&en i he has no hearings67hy6

A 1. -Mes. A judge must report to his o(ce e en if he has no hearings onregular days. The law regulating court sessions does not permit any?day o'! from re'ular o(ce hours to enable the judge to engagee$clusi ely in research or decision-ma"ing, no matter how important.*7endoFa s. 7abutas, / 1CA2 /4, //5 1CRA , +une :, 40.

5 ( A <*,ge *se, his cha +ers as his a ily-s resi,ence. 7as the

A 1. - o. A judge cannot use his chambers as his family!s residence e enwith the Bo ernor!s permission. Bo ernment property is for o(cial useonly and not for the personal use of the o(cial. *Presado s. Beo a, /

1CA2 58:, //4 1CRA @ , +une / , 40. Court rooms cannot be usedas judge!s li ing 6uarters. *>elongco s. 2ictado, / 1CA2 :88, //41CRA = =0.

5 ( I the or,er o a <*,ge 'as 1*estione, +e ore a higher co*rt@sho*l, he appear personally to see a re&ersal o the or,er that is*n a&ora+le to his action6 7hy6

A 1. - o. The judge whose order is under attac" is merely a nominalparty. Nherefore, a judge, in his o(cial capacity should not be madeto appear as a party see"ing re ersal of a decision that is

unfa orable to the action ta"en by him. A decent regard for the ju-dicial hierarchy bars a judge from suing against the ad erse opinion

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of a higher court. *1antiago s. CA, @ 1CRA = 8, April /:, 80.

5 ( The <*,ge aile, to ren,er <*,g ent in a case 'ithin theregle entary perio,. His reason is the ail*re o thestenographer to transcri+e the notes. 7as the contentionproper6

A 1. - o. A delay in the transcription of stenographic notes cannotbe considered a alid reason for the delay in rendering judgmentin a case. Nith or without the transcribed stenographic notes, the

8-day period for deciding cases should be adhered to. *<alagots. &pinion, 5 1CRA / , 7arch /8, 0.

)n one case, the 1upreme Court said that the failure to decidea case particularly one in ol ing a simple iolation of the<ouncing Chec"s %aw for o er # e years is an inordinate amountof procrastination tantamount to gross negligence. )t is notenough for judges to pen their decisions9 it is also important topromulgate and ma"e them "nown to all concerned at theearliest possible time and within the mandated period. *1oyangco

s. 7aglalang, = 1CRA 5, April, 0.

5 ( !escri+e the po'er o co*rts to cite persons in conte pt.

A 1. -The power to declare a person in contempt of court and in dealing withhim accordingly is an inherent power lodged in courts of justice to be

used as a means to protect and preser e the dignity of the court, thesolemnity of the proceedings therein and the administration of justicefrom callous misbeha ior, o'ensi e personalities, and contumaciousrefusal to comply with court orders.

And as in all other power of the court, the contempt power,howe er, plenary it may seem, must be e$ercised judiciously andsparingly.

Clearly then, judges are enjoined to e$ercise utmost restraint inthe use of their contempt powers. They are e$pected to a ail of the

contempt power only as a last resort when all other alternati e coursesof action are e$hausted in the pursuit of maintaining respect to thecourt and its processes. Thus, when a less harsh remedy presents itself to the judge, he should at all times hesitate to use his contempt power,and instead opt for the less harsh remedy. *2e Buia s. Buerrero, +r., 51CA2 ,/4 1CRA =/5, August , 0.

5 ( Is Fi oralityF as a gro*n, or i position o a,. inistrati&esanctions li ite, to illicit se0*al interco*rse alone6

A 1. - o. )mmorality has not been con#ned to se$ual matters, butinCludes conduct inconsistent with rectitude, or indicati e of corruption, indecency, depra ity, and dissoluteness9 or is willful,

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Oagrant or shameless conduct showing moral indi'erence to opinionsof respectable members of the community, and as inconsiderateattitude toward good order and public welfare. *<lac"!s %aw 2ictionary,1i$th ed., 8, :5 9 cited in Alfonso s. +udge +uanson, Adm. 7atter

o. RT+- /- 8 , 2ec. :, 4, = 1CA2 =840.

>or, it has been held that there is no dichotomy of morality9 apublic o(cial is also judged by his pri ate morals. The Code of +udicialEthics dictates that a judge, in order to promote public con#dence inthe integrity and impartiality of the judiciary, must beha e withpropriety at all times. A judge!s o(cial life can not simply be detachedor separated from his personal e$istence. *+unio s. Ri era +r., 1CA248@, //5 1CRA =@@, Aug. 48, 40.

)n 1icat s. Alcantara, et al., = 1CRA /@ , 7ay , @@,wherein the respondent judge was chargedwith immorality for

ha ing an illicit a'air with a married female court employee, the1upreme Court declared3

G6$e personal and oMcial actuations o e%ery member o t$eenc$ must be beyond reproac$ and abo%e suspicion. 6$e ait$ and

confdence o t$e public in t$e administration o Justice cannot bemaintained i a Jud'e "$o dispenses it is not equipped "it$ t$ecardinal Judicial %irtue o moral inte'rity, and i $e obtusely continuesto commit an aNront to public decency. In act, moral inte'rity is moret$an a %irtueD it is a necessity in t$e <udiciary.G

)n another case where a municipal judge was charged withha ing illicit relations with a concubine under scandalouscircumstances, it was stated that if good moral character is re6uired of a lawyer, with more reason should that re6uirement be e$acted of amember of the +udiciary who at all times is e$pected to obser eirreproachable beha ior and is bound not to outrage public decency.

Thus, e en as an ordinary lawyer, a judge has to conform to the strictstandards of conduct demanded of members of the profession.2e#nitely, fathering a child with a woman other than his lawful wifefails to meet these standards. A judge su'ers from moral obtuseness orhas a weird notion of morality in public o(ce when he labors under thedelusion that he can be a judge and at the same time ha e a mistressin de#ance of the mores and sense of morality of the community.*lmbing s. Tiongson, @ 1CA2 8 ,// 1CRA = 8, >eb. :, 0.

5 ( E0plain the +asic reason or ,is1*alifcation o <*,ges.

A 1. - The underlying reason for the Rule on 2is6uali#cation of +udgesunder 1ec. , Rule 4:, Rules of Court, is to ensure that a judge,sitting in a case, will at all times be free from inclinations orprejudices and be well capable to render a just and independent

judgment. A litigant, we often hear, is entitled to nothing less thanthe cold neutrality of a judge. 2ue process re6uires it. )ndeed, he notonly must be able to so act without bias but should e en appear to

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be so. )mpartiality is a state of mind9 hence, the need for some "indof manifestation of its reality.

erily, a judge may, in the e$ercise of his sound discretion, inhibithimself oluntarily from sitting in a case, but it should be based ongood, sound or ethical grounds, or for just and alid reasons. )t is notenough that a party throws some tenuous allegations of partiality atthe judge. o less than imperati e is that it is the judge!s sacred dutyto administer justice without fear or fa or. *Parayno s. 7eneses, 581CA2 :8,/4 1CRA @8:, April /=, 0.

5 ( 7hy sho*l, a <*,ge 'ho is relate, to a party in a casepen,ing in his sala ,is1*ali y hi sel 6

A 1. - The rule of compulsory dis6uali#cation of a judge to hear a casewhere the judge is related to either party within the si$th degree of consanguinity or a(nity rests on the salutary principle that no judgeshould preside in a case in which he is not wholly free, disinterested,impartial and independent. A judge has both the duty of rendering a

just decision and the duty of doing it in a manner completely freefrom suspicion as to its fairness and as to his integrity. The lawconclusi ely presumes that a judge cannot objecti ely or impartiallysit in such a case and, for that reason, prohibits him and stri"es athis authority to hear and decide it, in the absence of written consentof all parties concerned. The purpose is to preser e the people!sfaith and con#dence in the courts of justice. *Barcia s. 2ela Peiia,

@ 1CA2 : , // 1CRA :==0.

5 ( The respon,ent 'as charge, 'ith i orality an,&iolation o the Co,e o M*,icial Ethics. The acts 'ere allege,lyco itte, 'hen he 'as still a practitioner. The co plainantallege, that respon,ent ha, carnal no'le,ge 'ith his 'i e inat least f&e ;/ occasions 'itho*t speci ying the ,ates. In act@his 'i e allege,ly a, itte, ha&ing se0*al interco*rse 'ith hi .#o' that he is a <*,ge@ can he +e re o&e, or those acts heco itte, 'hen he 'as still a practitioner6 E0plain.

A 1. - o, for the acts were done before he became a judge. Proof of prior immoral conduct cannot be the basis for his administrati ediscipline. The respondent may ha e undergone moral reformationafter his appointment, or his appointment could ha e completelytransformed him upon the solemn realiFation that apublic o(ce is apublic trust and public o(cers and employees must at all times beaccountable to the people, ser e them with utmost responsibility,integrity, loyalty and e(ciency, act with patriotism and justice, andlead modest li es. *1ection 8@Article H), @: Constitution0. )t wouldbe unreasonable and unfair to presume that since he had wanderedfrom the path of moral righteousness, he could ne er retrace hissteps and wal" proud and tall again in the path. o man is beyondreformation and redemption. A lawyer who aspires for the e$altedposition of a magistrate "nows, or ought to "now, that he must pay a

145




high price for the honor - his pri ate and o(cial conduct must at alltimes be free from the appearance of impropriety. *+agueta s.<oncaros, =8 1CRA /: S : 0. And the lawyer who is thereafterappointed thereto must perforce be presumed to ha e solemnlybound himself to a way of conduct free from any hint or suspicion of

impropriety. The imputation of illicit se$ual acts upon the incumbent judge must be pro en by substantial e idence, which is the 6uantumof proof re6uired in administrati e cases. *Alfonso s. +udge 7odesto%uanson, 2ec. :, 4, = 1CA2 =840.

5 ( M*,ge Enri1*e A. C*+e 'as@ on %ay J8@ 8 J appointe,Presi,ing M*,ge o %etropolitan Trial Co*rt@ Branch @ %anila.S*+se1*ently@ in or ation 'as recei&e, +y the M*,icial an, BarCo*ncil that he 'as pre&io*sly ,is isse, in 8 as Assistant"iscal o Pasay City or gross iscon,*ct an, ,ereliction o ,*ty

or ail*re to prosec*te a cri inal case 'hich le, to its ,is issal'ith pre<*,ice.

C*+e applie, or appoint ent to the M*,iciary so eti e in8 . In the Personal !ata Sheet he 'as re1*ire, toacco plish@ one o the 1*estions as e, 'as: FHa&e yo* e&er+een retire,@ ,is isse,@ orce, to resign ro any e ploy ent

or reason other than lac o *n,s or ,roppe, ro the rolls6His ans'er 'as FOptional *n,er $A 889;.F

$A 889; is entitle, FAn Act Creating the Philippine Cocon*tA, inistration...F an, ,oes not ,eal 'ith retire ent@ optional orother'ise. C*+e-s Ser&ices $ecor, a,e no ention o hisha&ing +een e ploye, in this agency.

C*+e e0plaine, that his re o&al in 8 'as 7ITHO TP$EM !ICE. He 'as in act appointe, to a *nicipal go&ern entposition. Can he +e ,is isse,6 7hy6

A 1. V Mes.

The circumstance that his dismissal was without prejudice is notmaterial, and neither is his subse6uent appointment to a municipalposition. Nhat is important is his non-disclosure or concealment of thefact that in :/, he was RE7& E2 as Asst. >iscal. That fact wasdeliberately suppressed. ;e did not retire, as he declared in his datasheet. ;e was remo ed for gross misconduct and dereliction of duty inthe prosecution of a smuggling case.

GIt be$oo%es e%ery prospecti%e appointee to t$e Judiciary toapprise t$e appointin' aut$ority o e%ery matter bearin' on $is ftness

or Judicial oMce, includin' suc$ circumstances as may re7ect on $isinte'rity and probity. 6$ese are qualifcations specifcally required by

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t$e onstitution.G

The fact alone of his concealment of his pre ious dismissal fromthe public ser ice, which the +udicial and <ar Council would ha e ta"eninto consideration in acting on his application, is clear proof of his lac"

of the said 6uali#cations and renders him unworthy to sit as judge. +udge Cube committed an act of dishonesty that rendered him

un#t to be appointed to, and to remain now in, the +udiciary, he hastarnished with his falsehood. ;e was 2)17)11E2 with prejudice to hisreappointment to any position in the go ernment, includinggo ernment-owned or -controlled corporations, and with forfeiture of allretirement bene#ts. *Re3 )n6uiry on the Appointment of +udge Enri6ueA. Cube, A7 o. 4-:- /@8 7ETC, &ct. 4, 4, 5 1CA2 48 0.

5 ( A 89(year ol, girl@ Cristina M*nio fle, 'ith the Pro&incialProsec*tor-s o3ce a co plaint or acts o lasci&io*snessagainst M*,ge $i&era o Ala inos@ Pangasinan. Thein&estigating o3cer reco en,e, that the <*,ge +ea+sol&e, o the a, inistrati&e case. Is the reco en,ationproper6 7hy6

A 1. - o. )n dismissing the +udge, the 1upreme Court said that e$actingstandards of morality and decency from those who ser e in the

judiciary ha e been set. A member of the judiciary is judged notonly by his of#cial acts but also by his pri ate morals, to the e$tentthat such pri ate morals are e$ternaliFed in his beha ior. The judge

failed to measure up to those demanding standards. ;e was foundguilty of gross misconduct and conduct prejudicial to the interest of the judiciary. *+unio s. +udge Pedro Ri era, Aug. 48, 40.

5 ( Pro&incial Prosec*tor G. Olarte fle, an in or ation or*r,er against ". Banite 'itho*treco en,ation or +ail in

the sala o M*,ge Tarriela@ presi,ing <*,ge Branch 99 $TC o %a +*rao@ Occi,ental %in,oro. On Man*ary J@ 8 @ theacc*se, 'as arraigne, 'here he plea,e, not g*ilty. Ho'e&er@on Man*ary 8 @ 8 @ prosec*tor Olarte a en,e, the in or a

tion against Banite 'itho*t lea&e o co*rt to ho ici,e an,reco en,e, a +ail o P >@OOO.OO. M*,ge Tarriela or,ere,Olarte to e0plain his action. Therea ter@ on "e+r*ary 9@ 8 @%rs. *+iri@ s*per&ising steno(reporter o the pro&incialprosec*tor on or,ers o Olarte 'ent to M*,ge Ag*ilar hereinrespon,ent@ 'ho 'as then the e0ec*ti&e an, presi,ing <*,ge o Branch 9; $TC o San Mose@ Occi,ental %in,oro@ to re1*est orthe release o the acc*se, Banite on +ail. On the sa e ,ay@

M*,ge Ag*ilar signe, an, iss*e, the or,er appro&ing theproperty +on, an, the release o the acc*se, on +ail.

Co plainants herein charge, respon,ent <*,ge 'ith gra&ea+*se o ,iscretion@ since the case 'as +eing trie, in the sala o

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FOR PRIVATE AND PERSONAL USE ONLY ________________________________________________________________ M*,ge Tarriela. Is the <*,ge g*ilty o a+*se o a*thority6 7hy6

A#S. -Mes. Respondent +udge is guilty of gra e abuse of authority. The casewas #led in <ranch , hence, respondent judge who presides in<ranch 5, had no power to act on the re6uest to release on bailaccused <anite. )t was irregular for respondent judge to entertain there6uest considering that it did not appear that a formal motion hadbeen #led by the accused to that e'ect.

Respondent judge should endea or at all times to maintain thecon#dence and high respect accorded to those who wield the ga el of

justice. Circular o. 4 enjoins judges to conduct themsel es strictly inaccordance with the mandate of e$isting laws and the code of judicialconduct that they be e$emplars in their communities and the li ingpersoni#cation of justice and the rule of law.

Respondent judge!s action shows such lac" of familiarity with thelaws, rules and regulations as to undermine the public con#dence inthe integrity of our courts.

7oreo er, the record does not show that at that time respondent judge ordered <anite!s release, judge Tarriela was absent oruna ailable and could not ha e acted on the re6uest. *Cuaresma s.

+udge Aguilar, 1ept. 4, 4, 1CA2 5 0.

5 ( Her ina Al&os@ clai ing to +e the niece o Pa2 $a ire2@

s*r&i&ing spo*se o the late A +rocio Pingco@ fle, 'ith the$TC a petition or settle ent o the estate o A +rocio.$espon,ent M*,ge appointe, Al&os as special a, inistrator.

Co*nsel or Al&os fle, an *rgent otion stating thatparcels o lan, +elonging to A +rocio an, his 'i e 'ere sol,to co plainant y an, re1*este, the Co*rt to ,irect the$egister o !ee,s to ree2e any transaction 'itho*t thesignat*re o Al&os in&ol&ing sai, properties an, laterre1*este, the titles iss*e, to y +e cancelle,. $espon,ent

M*,ge or,ere, the cancellation an, reinstate ent o the

na es o the spo*ses A +rocio an, Pa2. y fle, 'ith theCA a petition to ann*l the or,er 'ith a prayer or ate porary restraining or,er to pre&ent the <*,ge ro

*rther procee,ing against hi .

!espite the ,ecision o CA an, the pen,ency o thepetition or re&ie' to SC@ respon,ent <*,ge contin*e,iss*ing &ario*s or,ers res*lting in the iss*ance o ne' titlesto the properties in the na e o persons state, in thepro<ect o partition to the ,a age an, pre<*,ice o co plainant. "*rther ore@ e&en a ter the SC ha, a3r e,the r*ling o the CA that respon,ent <*,ge has no

<*ris,iction to entertssain *rther procee,ings concerning

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the o'nership o the properties@ respon,ent <*,ge still in anatte pt to ,e eat the proscription i pose, +y the higher

<*,icial a*thority@ iss*e, or,ers appro&ing the sale o theproperties to the *rther pre<*,ice o - the co plainants@hence@ this co plaint against M*,ge Cap*long. Is the <*,ge

g*ilty6 7hy6A# 1. - Mes. The actuation of respondent judge clearly stressed her

blatant dis obedience to the lawful orders of superior courts andbelie any claims that she rendered the erroneous orders in goodfaith as would e$cuse her from administrati e liability.

Time and time again the 1upreme Court emphasiFed that the judge is the isible representation of law and justice from whom thepeople draw their will and awareness to obey the law. >or the judge toreturn that regard, the latter must be the #rst to abide by the law andwea e an e$ample for the others to follow. The judge should bestudiously careful to a oid e en the slightest infraction to the law. Toful#ll this mission, the judge should "eep abreast of the law, the rulingsand doctrines of the 1upreme Court. )f the judge is already aware of them, the latter should not deliberately refrain from applying them9otherwise, such omission can ne er be e$cused. *Dy s. Capulong, A7

o. RT+ - -:==, April :, 40

5 ( The acc*se, 'as the +rother(in(la' o the <*,ge +eing theh*s+an, o her sister. She ,i, not inhi+it hersel . A <*,g entac1*itting the acc*se, 'as ren,ere,. Is the act*ation o the

<*,ge correct or proper6 7hy6A 1. - o, the judge iolated and deliberately disregarded Rule

4. /*d0, Canon 4 of the Code of +udicial conduct considering thatthe accused is her brother-in-law and did not obtain the consentof the parties. 1he e en interceded to obtain settlement, hence,bias was then present on her part, thereby necessarily blindingher impartiality and irreparably a'ecting the cold neutrality she issupposed to possess. 1he should ha e oluntarily dis6uali#edherself.

1he may not be liable for rendering unjust judgment, butmay only be guilty of gross ignorance of the law. *Dbarra s.

+udge 7apalad, 7arch //, 40.

5 ( Alisangco +o*ght a stolen cara+ao. A co plaint 'as fle,or the &iolation o #o. 8D8 'hich the respon,ent M*,ge

erroneo*sly clai to +e the Anti(Cattle $*stling La' o

8 'hen in reality@ it is the Anti("encing La' o 8 /against co plainant Alisangco as one o the ac(

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c*se,. Conse1*ently@ M*,ge Ta+iliran i e,iately iss*e, a'arrant or Alisangco-s arrest 'itho*t frst ,eter ininghis participation in the o=ense charge, an, set the +on,at P >@OOO.OO. Alisangco poste, cash +on, a ter 'hichhe 'as ser&e, 'ith a s*+poena ,irecting hi to appear

or arraign ent an, preli inary in&estigation. On s*ch,ate@ Alisangco no longer appeare, +eca*se he ha,earlier fle, a 'ai&er o his right to a preli inaryin&estigation. In &ie' o his non(appearance@ M*,geTa+iliran iss*e, an or,er to arrest Alisangco an, re1*iringthe latter to sho' ca*se 'hy his +on, sho*l, not +econfscate,. Be ore the arrest co*l, +e e=ecte,@ thelatter-s co*nsel inter&ene, +y fling a otion to li t theor,er o arrest. The respon,ent M*,ge@ ho'e&er@ ha, notacte, on the sai, otion. Hence@ this co plaint or gra&ea+*se o a*thority@ ignorance o the la' an, con,*ct*n+eco ing o a presi,ing <*,ge. !eci,e.

A 1. -Considering that the 7TC only had preliminary jurisdiction o erthe case, the respondent judge did not ha e any authority to set thecase for arraignment. All it could do was to calendar the same forpreliminary in estigation. There is no law or rule re6uiring anarraignment during the preliminary in estigation. The arraignmentmust be conducted by the court ha ing jurisdiction to try the caseon its merits. Thus, in this case, the RTC has e$clusi e original

jurisdiction by reason of the prescribed penalty. ;ence, respondent

+udge in this case did not "now the proper procedure on the matteror simply chose to ignore the same.

)t was duly pro en that the wai er of preliminary in estigationwas #led by the complainant. Respondent judge e$hibited ignoranceof procedural law or plainly abused his authority when he issued awarrant for the arrest of the complainant and ordered the latter toshow cause why his bond should not be con#scated. E en if thewai er was not seen by him because it was not attached to theexpediente of the case, the most that the court could ha e donefrom the complainant!s failure to appear was to consider him asha ing wai ed his right to a preliminary in estigation or declaresuch preliminary in estigation closed and terminated as to him. )t issettled that e en if an accused had e$pressed his desire to be gi enan opportunity to be present at the preliminary in estigation, butlater changed his mind and renounced his right, he cannot becompelled to be present in the said in estigation, *Alisangco s.

+udge Tabiliran, +une 48, 4, / 1CA2 : :0.

5 ( State Prosec*tor *no fle, an a, inistrati&eco plaint against M*,ge !i2on or gross ignorance o the

la' +eca*se he ac1*itte, the ,e en,ants in o*r cases o illegal possession o frear s. M*,ge !i2on anchore, his

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,ecision on the case o People &s. As*ncion@ 8D8 SC$A9 >@ 'hich r*le, that the prosec*tion *st sho' thatother than ere possession o an *nlicense, frear @ theperpetrator ha, the intent to *se the sa e. Ho'e&er@ sai,r*ling fn,s no application in the sai, cases. The r*le

stea, astly lai, ,o'n in cases o illegal possession o frear s is that ere possession is s*3cient to 'arrantcon&iction. The o=ense is co&ere, +y special la' an, isma um pro%i-itum2 hence@ intent to *se is not aningre,ient o the cri e an, nee, not there ore +e allege,in the in or ation. The co ission o the act +eingprohi+ite, +y reason o p*+lic policy@ it s*3ces that theprohi+ite, article +e o*n, in the possession o theacc*se,@ it not +eing necessary to allege or pro&e intentto *se.

At the in&estigation@ it 'as o*n, that M*,ge !i2on-serroneo*s a,herence to the r*ling in Peop e ),3 A$uncionsho'e, his ignorance o the history an, ,e&elop ent o the frear la'R an, that he aile, to ascertain frst i the

acts o the cases he relie, *pon are si ilar to the o*rcri inal cases fle, +y State Prosec*tor *no. Is M*,ge!i2on g*ilty o gross inco petence@ gross ignorance o the la' an, o no'ingly ren,ering incorrect <*,g ent67hy6

A 1. -Mes. )n dismissing him, the 1upreme Court said that +udge 2iFonis once more before the 1upreme Court to answer charges, whichare practically a repetition of an earlier case against him. As before,he stubbornly insists that malice or criminal intent should be pro ede en in crimes punished by special laws or laws which are mala

pro$ibita. The 1upreme Court found him guilty of ha ing acted withgross incompetence and gross ignorance of the law, as to be almostdeliberate and tantamount to "nowingly rendering incorrect andunjust judgment. *Article /8 , RPC0.

A judge should be the embodiment of competence, integrity andindependence. ;e should be faithful to the law and maintainprofessional competence. )n e ery case, he should endea or diligentlyto ascertain the facts and the applicable law answered by partisaninterests, public opinion or fear of criticism. Nhen it has been clearlydemonstrated, as in this case, not only once but four times, that the

judge is either grossly incompetent or grossly ignorant of the penallaws especially those in ol ing crimes committed by transients, li"esmuggling of foreign currency and #rearms, through the internationalairport in Pasay City, where his court sits, he becomes un#t todischarge his judicial o(ce. 7ore than mere ignorance of applicablelaws and jurisprudence, his intransigence and persistence in error willma"e people lose their faith in him as an administrator of justice. ;a -

ing lost his right to be addressed by the respectful appellation of ?;onorable +udge? he has li"ewise lost his right to continue in the

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judicial ser ice. *1enior 1tate Prosecutor uno s. +udge 2iFon, +une /4,4, / 1CA2 =8 0.

5 ( The <*,ge in an e<ect ent s*it ren,ere, a <*,g ent@ the,ispositi&e portion o 'hich rea,s:

4W%ere.ore( in 0ie5 o. t%e .ore6oin6 con$i&eration$( it i$%ere-" re$pect.u " Pra"e& t%at 7u&6ment -e ren&ere& in accor&ance 5it% t%e

p ainti8'$ pra"er in t%eir comp aint in t%e a-o0e#entit e& ca$e34

In a petition or certiorari( the Co*rt ,eclare, it &oi,. B*trespon,ent <*,ge change, an, a en,e, his earlier ,ecisionor,ering the ,e en,ants to &acate the pre ises@ hence@ theco plaint or gross ignorance o the la' an, inco petence.

7ill the co plaint prosper6 7hy6A 1. -Mes. A judge should e$hibit an industry and application

commensurate with the duties imposed upon him and he should beconscientious, studious and thorough. ;e did not only issue amanifestly oid decision, he e en granted the motion for its e$ecutionand issued the corresponding writ with full "nowledge that there wasnothing to e$ecute9 e$hibiting once more his ine(ciency, carelessness,negligence or e en his incompetence. *1antos s. +udge &rlandoPaguio, o . =, 4, = 1CA2 / 50.

5 ( A ter ,*e notice an, hearing an, *pon the fling o a+on,@ the %TCC o Tang*+ City then presi,e, o&er +y M*,geSal&anera ,irecte, the ,e en,ants to &acate the fshpon, in1*estion an, restore the possession to #i1*e. The ,e en,(ants fle, a otion to li t the restraining or,er +*t the co*rt

aintaine, it. They fle, a secon, otion or reconsi,erationan, M*,ge Sal&anera li te, the restraining or,er an,,eli&ere, the possession o the property to the .

Conse1*ently@ #i1*e fle, a petition or certiorari in theCA to ann*l M*,ge Sal&anera-s or,er. The CA re erre, the

case to the $TC 'hich has conc*rrent <*ris,iction o&er thecase. The $TC set asi,e M*,ge Sal&anera-s or,er an, ,irecte,hi to reinstate the 'rit o preli inary an,atory in<*nctionan, restore the petitioner in the peace *l possession an,occ*pation o the fshpon,.

A ter the $TC ,ecision ha, +eco e fnal an, e0ec*tory@#i1*e fle, a otion or e0ec*tion. The otion 'as hear, +y

M*,ge apatos 'ho ha, s*ccee,e, M*,ge Sal&anera. The ,e(en,ants fle, a otion to li t the preli inary in<*nction +*t

oppose, +y #i1*e. Ho'e&er@ M*,ge apatos ,enie, the

otion or e0ec*tion an, ,issol&e, the 'rit o preli inaryan,atory in <*nction@ 'hich the $TC ha, or,ere, to +e

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reinstate,. Hence@ this co plaint fle, +y #i1*e againstapatos charging hi 'ith gross ignorance o the la' an,ail*re to per or an act 'hich he ha, +een ,irecte, to ,o.

On theother han,@ M*,ge apatos conten,e, that he isa*thori2e, *n,er Sees. D an, @ $*le ; o $*les o Co*rt to

,issol&e an in<*nction reinstate, +y the $TC since itappeare, that a ter the in<*nction 'as iss*e,@ there 'as achange in the sit*ation o the parties an, that a 'rit o preli inary an,atory in<*nction is an interloc*tory or,erthat re ains at all ti es 'ithin the control o the co*rt thatiss*e, it +e ore fnal <*,g ent on the erits o the case. Isthe <*,ge g*ilty6 7hy6

A 1. -Mes, because a judge occupying a court that is lower in ran"than the RTC, owes respect to the latter and is bound by thedisposition or decision of said appellate court upon a petition for

re iew of an order issued by him. ;is act of re ersing the #nal judgment of the RTC instead of complying with his mandatory andministerial duty of e$ecuting the same, is the height of audacity,arrogance and presumption on his part for if the decision of the RTCwas unacceptable to the defendants, their remedy was to appeal itto a higher court. ;a ing failed to do that, they, as well as the lowercourt, were bound by the judgment. There was no a oidingcompliance with it for the e$ecution of a #nal judgment is aministerial duty of the trial court. * i6ue s. apatos, A.7. o. 7T+-

/-=55, 7arch 40.

5 ( The <*,ge a, itte, that ,*ring ,ays he ha, no hearings@he staye, at his ho*se to a e so e research@ resol&e

otions@ a e ,ecisions. Any'ay@ his ho*se 'as near theco*rt@ so he can +e easily reache,. Is the act o the <*,geproper6 7hy6

A 1. - o, because a judge must report to his o(ce e en if he hasno hearing on regular days. )n Circular o. 4 dated +uly @:, the1upreme Court stressed the need for punctuality and the faithfulobser ance of o(ce hours, with +udges being enjoined to strictlyobser e the re6uirement of eight *@0 hours of ser ice a day. This was

reiterated in Administrati e Circular o. of /@ +anuary @@. Alsounder the )nterim Rules )mplementing <atas Pambansa <)g. / , +udges of the 7etropolitan Trial Courts, 7unicipal Trial Courts and7unicipal Circuit Trial Courts are re6uired, on a rotation basis toreport on 1aturdays from @388 a.m. to 388 p.m. primarily to act onpetitions for bail and similar matters, while all E$ecuti e +udges,whether in single or multiple salas, are mandated to remain on dutyon 1aturday afternoons.

)n Dbaldino A. %acuron s. +udge Pablo AtienFa *Adm. 7atter o.RT+- 8- 5=, +anuary /0, it was said that the law regulating courtsessions does not permit any ?day o'! from re'ular o(ce hours toenable a judge to engage e$clusi ely in research or decision-writing, no

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matter how important. )n 1iasico s. 1ales *: 1CRA 4 , = S := 0,the 1upreme Court stated3

GReasons o public policy, t$e preser%ation o t$e 'ood ima'e o t$e Judiciary, and a%oidance o all appearances o impropriety, require

t$at a Jud'e s$ould $old oMce at t$e re'ular place o business o t$ecourt and not at $is residence. A Jud'e $oldin' oMce in $is $ousema es criticism t$at $is oMcial actuation cannot bear public scrutiny,more particularly o $is co>oMcials in t$e local 'o%ernment. All t$ese"ould $a%e deterred respondent rom t$e course o action $e $adta en $ad $e possessed some sense o decorum and 'ood Jud'ment.G( endo a %s. <ud'e Rodol o abutas, <une :, 4, / S A2 /40.

5 ( An e<ect ent s*it 'as fle,. A <*,g ent 'as ren,ere,R the'rit o e0ec*tion 'as iss*e, a ter f&e ;/ years. "*rther ore@the o&ant 'as not a partyR nor e&en a s*+stit*te, party. Isthe <*,ge g*ilty o i propriety6 7hy6

A 1. -Mes, because a judge!s o(cial conduct should be free fromthe appearance of impropriety, in his personal beha ior, not onlyupon the bench and in the performance of judicial duties, butalso his e eryday life, should be beyond reproach, and he shouldadminister his o(ce with due regard to the integrity of thesystem of the law itself, remembering that he is not a depositoryof arbitrary power, but a judge under the sanction of law. *Canons4 and @, Code of +udicial Ethics0.

The mo ant had not yet been substituted as a party9 thewrit of demolition was issued despite the fact that his courtceased to ha e authority to enforce the decision by motion. Theleast e$planation is that, he was unaware of the Rules. )f he wascogniFant of said rules, then he deliberately ignored them to e$-tend bene#t to a party who happened to be his compadre. )nsuch a case, he allowed a relationship to inOuence his action tothe prejudice of the complainant. * da. 2e Coronel s. +udge2anan, et al., Aug. , 4, 4 1CA2 /=0.

5 ( 7ho has the po'er to in&estigate a <*,ge 'ho alsife,his certifcate o ser&ice6

A 1. The 1upreme Court in 7aceda s. as6ueF, et al., B.R. o.8/:@ , April //, 4, held that the power to in estigate a

complaint against a judgess for alleged falsi#cation of hiscerti#cation of ser ice is lodged in the 1upreme Court, thru theCourt Administrator. The &mbudsman is powerless to do so underthe principle of separation of powers.

)f it is a criminal case, the &mbudsman has the power toin estigate the judge.

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FOR PRIVATE AND PERSONAL USE ONLY ________________________________________________________________ 5 ( A <*,ge ac1*itte, the acc*se, in a case or &io(

lation o the Central Ban Act +eca*se intent to &iolatethe la' 'as not pro&en. He repeate, the sa e ista e inanother case or &iolation o another special la'specifcally the atte pt to

s *ggle frear s into an, o*t o the co*ntry. He 'asre o&e, t'ice. E0plain the reason.A 1. -The reason for such dismissal twice could be traced from

the fact that such mista"e cannot be ascribed to a simplemista"e of judgment but to gross ignorance of the law, if notdeliberate disregard of the same. )t is tantamount to "nowinglyrendering unjust and incorrect judgment. A judge should be theembodiment of competence, integrity and independence. ;eshould be faithful to the law and maintain professional com-petence. *Padilla s. 2iFon, 5@ 1CRA /:9 1enior 1tateProsecutor +o encito Dll&, +r. s. 2iFon, +une /4, 4, / 1CA2=8 0.

155




156




! # Are t%ere an" &i$tinction$ -et5een t%e court an& t%e 7u&6e9

ACS. > es. 6$e court is an entity and t$e person "$o occupies t$e position ist$e Jud'e. A court may exist "it$out a Jud'e. 6$ere may be a Jud'e"it$out a court. (4amintuan %s. !lorente, - 4$il. +;K).

5 ( 7hat ,o yo* *n,erstan, +y the principle that the a, inistrationo <*stice is a share, responsi+ility o the <*,ge an, the la'yer6

A 1. - )t means that it is the duty of both counsel and judge to maintain not todestroy, the high esteem and regard for courts. Any act on the part of oneor the other that tends to undermine the people!s respect for, andcon#dence in, the administration of justice is to be a oided. And this,e en if both may ha e to restrain pride from ta"ing the better part of their

system. *%ugue s. Qayanan, / 1CRA :40. The relations of judge andlawyer should be founded on mutual respect and on a deep appreciationby one of the duties of the other. *Romero s. alle, : 1CRA :0

5 ( E0plain the principle that a <*,ge sho*l, not only +e i partial+*t *st also appear i partial.

A 1. - The sole purpose of courts of justice is to enforce the laws uniformly andimpartially, without regard to persons or their circumstances or toopinions of men. A judge should at all times be wholly free, disinterested,impartial and independent. Elementary due process re6uires a hearing

before an impartial and disinterested tribunal. A judge has both the dutyof rendering a just decision and the duty of doing it in a mannercompletely free from suspicion as to its fairness and as to his integrity.

+udges therefore, should not only be impartial but they should also appearimpartial. *Tan, +r. s. Ballado, :4 1CRA 4 50.

5 ( Sho*l, a <*,ge s*cc* + to press*re ro 'hate&er so*rce67hy6

A 1. - o. To do so is e6ui alent to a case of betrayal of the public trustreposed on a judge as an arbiter of the law and a re elation of hisGherwea" moral character. A judge is e$pected to be fearless in hisGher pursuitto render justice, to be unafraid to displease any person, interest or powerand to be e6uipped with a moral #ber strong enough in hisGher o(ce.*RamireF s. CorpuF-7acandog, 1CRA =/0.

5 ( Ho' ,o yo* ,escri+e the appearance o a <*,ge in his o3cialan, personal con,*ct6A 1. - A judge!s o(cial conduct and his beha ior in the performance

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of judicial duties should be free from the appearance of improprietyand must be beyond reproach. *Alagas s. Reyes, 4 1CRA 59 %i s.

iyares, =5 1CRA =:0. E en his personal beha ior in his e eryday lifeshould be beyond reproach. ;e should a oid e en the slightestinfraction of the law. *Cabrera s. Pajares, / 1CRA /:0.

5 ( Ho' ,o yo* e0plain the act that a <*,ge sho*l, +e li e Caesar-s'i e6

A 1. - A judge should be li"e Caesar!s wife because a judge must not only bepure but must also appear to be so. Appearance is as important as realityin the performance of judicial functions. %i"e Caesar!s wife, a judge mustnot only be pure but must be beyond suspicion. *Palang s. osa, 5@ 1CRA::=0. A judge has the duty not only to render a just and impartial decision,but also render it in such a manner as to be free from any suspicion as toits fairness and impartiality, and also as to the judge!s integrity. *7artineF

s. Bironella, =5 1CRA / 50.5 ( E0plain the r*le that a <*,ge sho*l, not see p*+licity orpersonal &ainglory.

A 1. - )t means that judges should be prohibited from see"ing publicity foranity or self-glori#cation. +udges are not actors or actresses or

politicians. They are also prohibited from ma"ing public comments onany pending or impending case. +udges must not be mo ed by a desireto cater to public opinion to the detriment of justice. *Bo s. CA, /8=1CRA =50.

5 ( %aya <*,ge in&ite the press ,*ring the hearing o a sensationalcase6 7hy6

A 1. - o. A judge should not allow unnecessary ta"ing of Pictures of thecourt .proceedings. ;e should not allow the broadcasting of proceedingso er the radio or allow the tele ising of the proceedings. The reason isthat, such fanfare and publicity detract from the dignity of the courtproceedings for the parties in ol ed tend to become more self-consciouson their appearances rather than the truth of the facts and substance of the issues. The administration of justice would then ultimately su'er as

the judge might be inOuenced by the public clamor engendered by thepublicity. >inally, a judge should not see" publicity for his personalainglory.

5 ( 7hen ay a <*,ge inter&ene ,*ring the presentation o e&i,ence6

A 1 - A judge may inter ene during the presentation of e idence in order to

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e$pedite and pre ent unnecessary waste of time. *2omanico s. CA, //1CRA / @0. ;e may inter ene to profound clari#catory 6uestions. *People

s. 7uit, : 1CRA = =0. ;e should, howe er, limit himself only toclari#catory 6uestions and not to as" searching 6uestions after thewitness had gi en direct testimony. * aldeF s. A6uiliFan, 44 1CRA 580.;is act should be done sparingly and not throughout the proceedings.*People s. )banson, /8 1CRA =: 0.

5 ( 7hat constit*tes *n,*e inter erence +y the <*,ge in thepresentation o e&i,ence6

A 1. - There is undue interference if the judge will e$tensi ely profound6uestions to the witnesses which will ha e the e'ect of or will tend tobuild or bolster the case of one of the parties.

5 ( Gi&e the reason +ehin, the r*le that a <*,ge sho*l, notinter ere in the presentation o e&i,ence.

A 1. - A judge should not only be impartial, but he should appear to be so. )f heprofounds 6uestions to help build the case of a party, he would come outbiased against or partial in fa or of a party. A judge interference mayli"ewise pre ent the proper presentation of the case, and theascertainment of the truth in respect thereto.

5 ( An %TC <*,ge 'as present ,*ring the eeting o his relati&es+e ore the !A$AB. He e&en s*ggeste, the re&ie' o the lan,re or co&erage an, e&en tal e, to those 'ho re *se, to o+eythe 'rit o e0ec*tion iss*e, +y the !A$AB. Is the act o the

<*,ge proper6A 1. - o, because as a member of the <ench, he should ha e realiFed that

his presence, opinion and participation in any proceeding could slantthe e aluation and resolution of the case in fa or of the party heidenti#es himself with. A judge need not utter any word for his sheerpresence, as a member of the +udiciary, would be su(cient suggestionof persuasion and inOuence. *Barcia, et al. s. aldeF, A.7. o. 7T+- @-

5=, +uly 4, @, = 1CA2 :80.

5 ( I a <*,ge ren,ers a <*,g ent on the ,ay a ter a case is

s*+ itte, or ,ecision@ is the act proper6 7hy6A 1. - Mes, there is nothing anomalous in the act of the judge, as it is e en ane idence of his intention to dispose of cases with dispatch. The immediateresolution of the decision was no more than his compliance with his dutyas a judge to dispose of the court!s business promptly and decide caseswithin re6uired periods. )nstead of being punished, he should e en becommended for his close attention to duty. *>ule s. CA, et al., B.R. o.

// /, 7arch /, @, / 1CA2 0.

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5 ( 7hy sho*l, a <*,ge ,eci,e a case 'ithin the regle entaryperio, pro&i,e, or +y the $*les6

A 1. - A judge should decide a case within the reglementary period becausefailure to do so constitutes gross dereliction of duty. A judge should decidea case promptly and e$peditiously, for it cannot be denied that justicedelayed is justice denied. 2elay in the disposition of cases undermines thepeople!s faith and con#dence on the judiciary. ;ence, judges are enjoinedto decide cases with dispatch. Their failure to do so constitutes grossine(ciency and warrants the imposition of administrati e sanctions onthem. *>e T. <ernardo s. +udge Amelia A >abros, A.7. o. 7T+- - l@ ,7ay /, , citing 1ancheF s. estil, A7. o. 7T+- @ , &ctober 4,

@, 88 1CA2 :0.

5 ( A <*,ge a, itte, that she aile, to ,eci,e a case 'ithin the

regle entary perio, pro&i,e, or the +y the $*les. Her reason'as that there 'as o&ersight on her part. Is the reason proper67hy6

A 1. - o. A judge is e$pected to "eep his own record of cases so that hemay act on them promptly without undue delay. )t is incumbent uponhim to de ise an e(cient recording and #ling system in his court sothat no disorderliness can a'ect the Oow of cases and their speedydisposition. $ $ $ Proper and e(cient court management is as much hisresponsibility. ;e is the one directly responsible for the properdischarge of his o(cial functions. *1ee >e T. <ernardo s. +udge AmeliaA >abros, A7. o. 7T+- - l@ , 8= 1CA2 /5, 7ay /, 0.

5 ( 7hen ay a <*,ge +e s*+<ecte, to ,isciplinary action or hiserrors6 E0plain.

A 1. - >or liability to attach for gross negligence of the law, the assailed order,decision or actuation of a judge must not only be found erroneous but,most importantly, it must be established that the judge was mo ed bybad faith, dishonesty, hatred, or some other li"e moti e. *2ela CruF s.Concepcion, 5 1CA2 = 8, !/45 1CRA 5 :0.

5 ( 7hen is a <*,ge lia+le or ren,ering an *n<*st <*,g ent6E0plain.

A 1. - A judge may be held liable for rendering an unjust judgment when heacts in bad faith, malice, re enge, or some other moti e. *;eirs of the late

asser Masin s. >eli$, == 1CA2 5:, /58 1CRA 5 50.

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5 ( !isc*ss the i port o the r*le on &ol*ntary inhi+ition o <*,ges.

A 1. - The import of the rule on oluntary inhibition of judges is that thedecision on whether or not to inhibit is left to the sound discretion andconscience of the trial judge based on his rational and logical assessmentof the circumstances pre ailing in the case brought before him. )t ma"esclear to the occupants of the <ench that outside of pecuniary interest,relationship or pre ious participation in the matter that calls foradjudication, there might be other causes that could concei ably erodethe trait of objecti ity, thus calling for inhibition. This is to betray a senseof realism, for the factors that lead to preference or predelictions aremany and aried.

In the #nal rec"oning, there is really no hard and fast rule when itcomes to the inhibition of judges. Each case should be treated di'erentlyand decided based on its peculiar circumstances. The issue of oluntaryinhibition is primarily a matter of conscience and sound discretion on thepart of the judge. )t is a subjecti e test the result of which the re iewingtribunal will not disturb in the absence of any manifest #nding of arbitrariness and whimsicality. The discretion gi en to trial judges is anac"nowledgment of the fact that these judges are in a better position todetermine the issue of inhibition as they are the ones who directly dealwith parties-litigants in their courtrooms. *People s. Ballermo, B.R. o.

/45 =, +uly :, @, 5 1CA2 5: 0.

5 ( A co plaint 'as fle, against a <*,ge or reprehensi+lecon,*ct in engaging in the@ @p*+lication o a gossip ta+loi,@The %irror@ as e,itor an, legal a,&iser an, as a gossip(

ongering col* nist o a local ne'spaper@ S*n Star Clar .Co plainant allege, that respon,ent *se, his ne'spapercol* n to &entilate his +iases or personal anger at people orinstit*tions. "or instance@ 'hen respon,ent aile, to recei&epay ent ro the O3ce o the Go&ernor or a,&ertise ent ine0change or a congrat*latory essages in the ai,en iss*e o The %irror@ respon,ent place, a +lan space p*rporte,ly orthe go&ernor-s essage@ an, e0presse, conte pt 'ith a e'lines *n,erneath a pict*re o the go&ernor. Co plainant+elie&es that respon,ent <*,ge sho*l, not engage in acti&e@sensational@ an, ree( or(all <o*rnalistic 'riting +eca*se s*chact ,egra,es the <*,icial syste an, co pro ises hisi partiality as an a, inistrator o <*stice. He li e'isepersistently attac e, the go&ernor or his o&ie( a ingacti&ities.

Can the <*,ge +e ,is isse, or his acts6 7hy6

A 1. - Mes. The Code of +udicial Conduct mandates that a judge should a oid

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impropriety and the appearance of impropriety in all acti ities. Thepersonal beha ior of a judge not only upon the <ench but also in hise eryday life should be abo e reproach and free from the appearanceof impropriety.

There is a di'erence between freedom of e$pression and

compromising the dignity of the Court through publications of emotional outburst and destructi e criticisms. Respondent!s writing of acti e and icious editorials compromises his duties as judge in theimpartial administration of justice, for his iews printed on newspapersreOect on his o(ce as well as on the public o(cers that he challenges.>rom the standpoint of conduct and demeanor e$pected of a judge,resort to intemperate language only detracts from the respect due amember of the judiciary and becomes self-destructi e.

7oreo er, in persistently attac"ing the mo iema"ing acti ities of thepro incial go ernor and repeatedly threatening to #le an action against apublic o(cer, respondent encourages litigation and causes dissensionagainst the public o(cer concerned. As a judge, respondent!s role is tomaintain e6uanimity and not instigate litigation. This is not to say thatone cannot 6uestion the improper acti ities of go ernment o(cials if there are any. ;owe er, it is not proper for a judge to write publications of carelessly-worded editorials in local newspapers. *<enalfre +. Balang s.

+udge Abelardo ;. 1antos, A.7. o. 7T+- - :, 7ay /=, 0.

5 ( A ter the hearing o the petition or +ail@ the co*rt iss*e, anor,er ,enying the sa e on the gro*n, that the e&i,ence o g*ilt is strong. The petitioner fle, a otion orreconsi,eration@ +*t 'as ,enie,@ the co*rt r*ling that it has al(rea,y clearly spelle, o*t the gro*n,s relie, *pon in the ,enialo the otion. The acc*se, as e, or the inhi+ition o the

<*,ge conten,ing that +eca*se o the act*ations o the <*,ge@he has alrea,y +eco e +iase,@ hence@ he stan,s no chance atall in co*rt presi,e, +y the <*,ge. Is the otion proper6 7hy6

A 1. - o. The orders denying the petition for bail and the motion forreconsideration do not su(ciently pro e bias and prejudice todis6ualify the judge under 1ec. , Rule 4: of the Rules of Court. >orsuch bias and prejudice, to be a ground for dis6uali#cation, must beshown to ha e stemmed from an e$trajudicial source, and result in anopinion on the merits on some basis other than what the judge learnedfrom his participation in the case. &pinions formed in the course of

judicial proceedings, as long as they are based on the e idencepresented and conduct obser ed by the judge, e en if found later onas erroneous, do not pro e personal bias or prejudice on the part of the

judge. E$trinsic e idence is re6uired to establish bias, bad faith, maliceor corrupt purpose, in addition to palpable error which may be inferredfrom the decision or order itself. * ictorio Aleria, +r. s. ;on. Alejandro

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eleF, +r., B.R. o. /: 88, o ember =, @, 88 1CA2 :/8, citingNebb s. People, @5 1CA2 ==, /:= 1CRA / 40.

5 ( A <*,ge or,ere, the release o the acc*se, no'ing that thecash ,eposit or his +ail 'as not yet s*3cient. Is he lia+le or hisact6 7hy6

A 1. - Mes, because the error was gross and patent iolation of law and therules on bail. Nhile it is true that a judge may not be held administrati elyaccountable for e ery erroneous order or decision *Buillermo s. Reyes,5@ 1CA2 48, / 8 1CRA 5 0, yet if the error is gross or patent, malicious,deliberate or in e ident bad faith, he may still be liable. The reason forthis is that he is e$pected to ha e a more than cursory ac6uaintance withthe rules on bail. >ailure to follow basic legal commands embodied in thelaw and the rules constitutes gross ignorance of the law *2el Rosario, +r.

s. <artolome, @ 1CA2 /@ , /:8 1CRA = 59 Aurillo s. >rancisco, 5

1CA2 45/, /45 1CRA /@40 from which no one may be e$cused, not e en a judge. *E elyn 2e Austria s. +udge &rlando 2. <eltran, A.7. o. RT+- @-8=, 1eptember , 0.

5 ( %aya <*,ge +e hel, a, inistrati&ely acco*nta+le or e&eryerroneo*s or,er or ,ecision he ren,ere,6 7hy6

A 1. - o. As a rule, a judge may not be held administrati ely accountable fore ery erroneous order or decision he renders. To unjusti#ably holdotherwise, assuming that he has erred, would be short of harassment andwould ma"e his position doubly unbearable, for no one called upon to try

the facts or interpret the law in the process of administering justice canbe infallible in his judgment. The error must be gross or patent, malicious,deliberate or in e ident bad faith. )t is only in this latter instance when the

judge acts fraudulently or with gross ignorance, that administrati esanctions are called for as an imperati e duty of this Court. *E elyn deAustria s. +udge &rlando 2. <eltran, A.7. o. RT+- @- 8=, 1eptember ,

9 Panganiban s. +udge Pablo <. >rancisco, et al., A.7. o. RT+- @-/5, o ember =, 0.

5 ( Gi&e e0a ples o ,e enses o a <*,ge charge, 'ith ignorance o the la'.

A 1. - Bood faith and absence of malice, corrupt moti es or improperconsiderations are su(cient defenses in which a judge charged withignorance of the law can #nd refuge. *E elyn de Austria 1. +udge &rlando2. <eltran, A.7. o. RT+- @- 8=, 1eptember , , citing Buillermo s.Reyes, 5@ 1CA2 48, / 8 1CRA 5 0.

5 ( Are the acts o a <*,ge in his <*,icial capacity s*+<ect o

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,isciplinary action6 Is the r*le a+sol*te6 E0plain.

A 1. - o. As a matter of public policy, in the absence of fraud, dishonesty orcorruption, the acts of a judge in his judicial capacity are generally notsubject to disciplinary action, e en though such acts are erroneous.*7orada s. +udge Tayao, @ 1CA2 4 , // 1CRA :/4, citing %ouis uitton1.A. s. +udge illanue a, / = 1CRA / 9 7endoFa 1. illaluF, 8= 1CRA== 0. As has been stated in the recent case of 1antos s. +udge +ose&rlino, A.7. o. RT+- @- @, 1eptember /5, @, @ 1CA2 :5/3

G6$e undamental propositions 'o%ernin' responsibility or Judicial error "eremore recently summari ed in #In Re: <oaquin 6. orromeo,# 5 S A2/* H<, / S RA * 50. 6$ere t$e ourt stressed inter alia t$at 'i%ent$e nature o t$e Judicial unction and t$e po"er %ested in t$e S and t$elo"er courts establis$ed by la", administrati%e or criminal complaints areneit$er alternati%e nor cumulati%e to Judicial remedies "$ere suc$ are

a%ailable, and must "ait on t$e result t$ereo Existin' doctrine is t$at Jud'es are not liable or "$at t$ey do in t$e exercise o t$eir Judicialunctions "$en actin' "it$in t$eir le'al po"ers and Jurisdiction. (Al ua, et

al. %s. <o$nson, / 4$il. + , 4/=9 Sec. , Act Co. * ). ertain it is t$at a Jud'e may not be $eld administrati%ely accountable or e%ery erroneousorder or decision $e renders. (Rodri'o

%s. FuiJano, : S RA * ). 6o $old, ot$er"ise, "ould be to render JudicialoMce untenable, or no one called upon to try t$e acts or interpret t$ela" in t$e process o administerin' Justice can be in allible in $is

Jud'ment. (See !ope %s. orpu , :@ S RA 4: 9 4ilipinas an %s. 6irona>

!i"a', * S RA @4 0. 6$e error must be 'ross or patent, deliberate andmalicious or incurred "it$ e%ident bad ait$. (Fui on %s. alta ar, <r., =5S RA / 40.?

)f an alleged error of a judge cannot amount to gross misconductand bereft of any persuasi e showing of deliberate or malicious intent tocause prejudice to any party, the administrati e complaint against himinsofar as the charge for gross misconduct is concerned, must bedismissed for want of factual basis. *+ewel >. Canson s. ;on. >rancis >.Barchitorena, et al., 1<- - -+, +uly /@, 0.

5 ( An applicant or a position 'as tol, +y the <*,ge that ine0change or his signat*re on her e ploy ent@ she 'o*l,+eco e his girl rien,. Therea ter@ he 'ent on to iss her againsther 'ill. A ter learning that her application ha, +een appro&e,@he calle, her to his cha +er an, sai, that she 'as alrea,y hisgirl rien,. He 'ent on to e +race her@ iss her@ an, to*ch herright +reast. Can the <*,ge +e p*nishe,6 7hy6

A 1. - Mes, because not only did he fail to li e up to high moral standards of

164




the judiciary, he e en transgressed to ordinary norms of decencye$pected of e ery person. The conduct of a judge, whether o(cialor pri ate, must be beyond reproach and abo e suspicion. Amember of the <ench must not only be a good judge9 he or shemust also be a good person. *2awa s. 2e Asa, = 1CA2 4:4, / /1CRA :840. This is necessary so as not to erode the faith andcon#dence of the public in the judiciary. * a al s. Panday, @ 1CA2= , /:5 1CRA =5 0. )n the #nal analysis, such faith and con#denceis anchored on the highest standard of integrity and moraluprightness that judges are e$pected to possess. As ruled in +unio

s. Ri era, +r., 1CA2 48@, //5 1CRA =@@3

GAll Jud'es on all le%els o t$e Judicial $ierarc$y, rom t$is ourt do"n tot$e unicipal or etropolitan 6rial ourts, are bound to obser%e t$eabo%e exactin' standards. 6$ere is $o"e%er, a special reason or requirin' compliance "it$ t$ose standards rom t$ose "$o are ront liners o t$e Judicial department. As suc$, a Jud'e is t$e most %isible

li%in' representation o t$e country#s le'al and Judicial system. ?e ist$e Judicial o fcer "$o on a day>to>day basis deals "it$ t$e disputesarisin' amon' simple, rural people "$o comprise t$e 'reat bul o our

population. ?e is t$e Judicial oMcer "$o comes into closest and most requent contact "it$ our people. 6$e Judiciary as a "$ole and its ability

to dispense Justice are ine%itably measured in terms o t$e public and pri%ate acts o Jud'es in t$e 'rass roots le%el. It is essential, t$ere ore,i t$e Judiciary is to en'a'e and retain t$e respect and confdence o our nation, t$at t$is ourt insist t$at municipal Jud'es and all ot$er

Jud'es li%e up to t$e $i'$ standards demanded by our case la" and t$eode o <udicial onduct, and by our policy.G

The judge!s lustful conduct was aggra ated by the fact that he wasthe superior of the complainant. )nstead of acting in loco parentistoward his subordinate employee, he too" ad antage of his position andpreyed on her. *Ana 7ay 7. 1imbajon s. +udge Rogelio 7. Esteban, A.7.

o. 7T+- @- =/, August , , citing Talens-2abon s. Arceo, :/1CA2 5/:, /5 1CRA 45 0.

5 ( 7ill the retire ent o a <*,ge precl*,e the fn,ing o anya, inistrati&e lia+ility on his part6 7hy6

A 1. - o. The retirement of a judge or any judicial o(cer from the ser icedoes not preclude the #nding of any administrati e liability to which heshall still be answerable. )n Ballo s. Cordero, = 1CA2 5=, / 5 1CRA/ , it was said that since the court had this jurisdiction at the time of the #ling of the administrati e complaint it was not lost by the merefact that the respondent public o(cial had ceased in o(ce during thependency of his case. The Court retains its jurisdiction either topronounce the respondent o(cial innocent of the charges or declare

165




him guilty thereof. A contrary rule would be fraught with injustice andpregnant with dreadful and dangerous implications. )f innocent,respondent o(cial merits indication of his name and integrity as helea es the go ernment which he has ser ed well and faithfully9 if guilty, he deser es to recei e the corresponding censure and a penaltyproper and imposable under the situation. * illa 7acasasa, et at. s.

+udge >austo ;. )mbing, A.7. o. RT+- - :8, August =, 0.5 ( A <*,ge sho*l, act +eyon, reproach an, s*spicion. !oes this

an,ate incl*,e his personal +eha&ior6 7hy6

A 1. - Mes. A judge should conduct himself beyond suspicion and reproach,and be free from appearance of impropriety in his personalbeha ior, not only in his o(cial duties, but also in his e eryday life.

o position demands greater moral righteousness and uprightnessthan a seat in the judiciary. A judge must be the epitome of integrityand justice. *Assn. of Court Employee s. Tupas, +uly /, @ 0.

5 ( State ho' a <*,ge sho*l, con,*ct hi sel in the per or anceo his ,*ties an, in his ,ealings 'ith others.

A 1. -The court e$ists to promote justice *Canon /, Canons of +udicialEthics09 accordingly, the judge!s o(cial conduct should be free fromappearance of impropriety, and his personal beha ior, not only uponthe bench and in the performance of o(cial duties, but also in hise eryday life, should be beyond reproach. *Canon 4, id.). ;e is the

isible representation of the law and, more importantly, of justice.*&(ce of the Court Administrator s. Bines, 4 1CA2 :=, // 1CRA/=/ S 4 9 )nciong s. 2e Buia, 5 1CRA 4 S @: 9 2ela PaF s.)nutan, = 1CRA 5 8 S :5 0. ;e should administer his o(ce with adue regard to the integrity of the system of the law itself, rememberingthat he is not a depositary power, but a judge under the sanction of law. *Canon @9 Buillen, et al. s. +udge icolas, A.7. 7T+- @- ==, 81CA2 4 :, 2ecember , @, citing Caamic s. Balapon, 5= 1CA2 ,/4: 1CRA 4 80.

5 (!escri+e the ,*ty o a <*,ge 'hene&er an acc*se, plea,s g*iltyto a capital o=ense.

A 1. -Trial courts must e$ercise meticulous care in accepting a plea of guilty in

a capital o'ense. +udges are duty-bound to be e$tra solicitous in seeing toit that when an accused pleads guilty, he understands fully the meaningof his plea and the import of his ine itable con iction. *People s.BonFaga, /: 1CRA 5@0. Courts must proceed with more care where thepossible punishment is in its se erest form, li"e death, for the reason thatthe e$ecution of such a sentence is irre ocable. E$perience has shownthat innocent persons ha e at times pleaded guilty. *People s. Albert, ==1CA2 5=, /5 1CRA 4=0. &nly a clear, de#nite and unconditional plea of

166




guilty by the accused must be accepted by trial courts. (ibid.). There is nosuch rule which pro ides that simply because the accused pleaded guiltyto the charge that his con iction should automatically follow. *People s.7endoFa, / 1CA2 @,/4 1CRA /= 0. A judge should always be anembodiment of competence. *Rule .8 , Canon , Code of +udicialConduct0. As an administrator of justice, it is imperati e that the trial

judge carry out his duties ably and competently so as not to erode publiccon#dence in the judiciary. *People s. 1e illano, et al., B.R. o. / 85@,

85 1CA2 / =, 7arch / , 0.

5 ( In a cri inal case or alsifcation an, *se o alsife, ,oc* ent@the <*,ge 'as charge, 'ith i partiality or ha&ing aile, toinhi+it hi sel ,espite the act that he 'as relate, to the acc*se,'ithin the o*rth ,egree o a3nity@ the'i e o the acc*se, +eingthe frst co*sin o the <*,ge. 7as the act o the <*,ge proper6E0plain.

A 1.- o. Dnder Rule 4:, 1ec. of the Rules of Court, ajudge who is relatedwithin the si$th degree of consanguinity or a(nity to a party in a case isdis6uali#ed from sitting in the case without the consent of all parties,e$pressed in writing, signed by them, and entered upon the record. Thisprohibition is not limited to cases in which he acts by resol ing motionsand issuing orders as respondent judge has done in the subject criminalcase. The purpose of the prohibition is to pre ent not only a conOict of interest but also the appearance of impropriety on the part of the judge. A

judge should ta"e no part in a proceeding where his impartiality mightreasonably be 6uestioned *Canon 4, Rule 4. /0 and he should administer

justice impartially and without delay. *Canon , Rule .8/9 %aFo s. +udge

Antonio Tiong, A.7. o. 7T+- @- :4, 2ecember 5, @, 8 1CA2 = /0.5 ( A <*,ge 'as ca*ght in the act o ,e an,ing an, recei&ing

oney ro a party(litigant. Is the act s*3cient to re o&e hi 67hy6

A 1. -Mes. A judge should always be a symbol of rectitude and propriety,comporting himself in a manner that will raise no doubt whatsoe er abouthis honesty. *Muson s. oel, 5 1CA2 =,//: 1CRA 0. The conduct of respondent judge shows that he can be inOuenced by monetaryconsiderations. ;is act of demanding and recei ing money from a party-

litigant constitutes serious misconduct in o(ce. )t is this "ind of gross andOaunting misconduct, no matter how nominal the amount in ol ed on thepart of those who are charged with the responsibility of administering thelaw and rendering justice 6uic"ly, which erodes the respect for law andthe court. *&(ce of the Court Administrator s. Baticales, /8@ 1CRA 58@0.

The respondent judge tainted the image of the +udiciary to which heowes fealty and the obligation to "eep it at all times unsullied and worthyof the people!s trust. *Barcia s. 2ela Penia, @ 1CA2 : , // conduct.

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;e iolated the established norms of judicial beha ior and the bestinterest of the judiciary demands that he be dismissed from ser ice.

5 ( 7hat are so e o the gro*n,s or the ,is issal o a <*,ge6State the reasons.A 1. - 1ome acts that may warrant dismissal of a judge3

*c0 acceptance of bribe9

*d0 holding o(ce and conducting hearings at his residence9

*c0 use of physical iolence against the personnel of his court whofailed to deli er the entire olume of nipa ordered by him for theroof of his house9 *lmpao s. 7a"ilala, A.7. o. 7T+-@@- @ , &ctober

4, @ , :@ 1CRA 5 0.

*d0 recei ing money from litigants and borrowing from them withoutpaying bac"9

*f0 ordering a litigant to install an air-conditioning unit for the car of hiswife. *&mpoc s. Torres, 1ept. :, @ 0.

Reasons3

7embers of the judiciary should display not only the highestintegrity but at all times conduct themsel es in such a manner as to bebeyond reproach and suspicion. The respect and con#dence of the publicmay justi#ably be eroded if the conduct of an erring judge is condemned.*Paredes s. <uduha, 2ec. :, @ 0.

5 ( An $TC <*,ge 'as fne, an, re1*ire, to pay an a o*nte1*i&alent to three J/ onths salary. He ,is isse, si0in or ations or &iolation o BP BIg. +eca*se the chec s'ere *n,ate,@hence@ 'ere ere pro issory notesR the iss*(ance ,i, not constit*te cri inal actsR that their collection can+e properly a,e in a ci&il case. 7as the act o the <*,geproper6 7hy6

A 1. - o, in fact, the judge was #ned for ignorance of the law. ;is opinion thatthe chec"s were in alid because they were not dated also re ealed hisunfamiliarity with 1ec. = of the egotiable )nstrument %aw. *Torres s.Pedrosa, Aug. //, @ 0. )t is the duty of a judge to "eep abreast with thelaw and jurisprudence.

5 (%aya <*,ge +e s*+<ecte, to ,isciplinary action in case o isappreciation o e&i,ence6 Is the r*le a+sol*te6 E0plain.

A 1. - o. )n 7iranda s. 7analastas, 2ec. / , @ , the 1upreme Court said

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that mere error in the appreciation of e idence, unless so gross andpatent as to produce an inference of ignorance or bad faith or that the

judge un"nowingly rendered an unjust judgment, are irrele ant inadministrati e proceedings against the judge. A judge is not infallible inhis judgment. All that is e$pected of him is that he follows the rulesprescribed to ensure fair and impartial hearing.

A judge may not be administrati ely liable for erroneous ruling.

5 ( I a party fle, an a, inistrati&e case against a <*,ge@ 'ill thisinci,ent constit*te a gro*n, to ,is1*ali y the <*,ge ro tryingthe case6 7hy6

A 1. - o. )n Aparicio s. Andal, +uly /5, @ , the 1upreme Court said that themere #ling of an administrati e case does not constitute a ground todis6ualify a judge from hearing the case, otherwise, many cases wouldha e to be "ept pending or there might not be enough judges to handleall the cases pending in all courts. There must #rst be a showing of arbitrariness or prejudice before the judge can be considered partial orbias.

;ence, if a judge denies the motion to inhibit him, his continuedcogniFance of the case pending before him is proper, if no TR& orinjunction is issued against him.

5 ( State the e=ect i a <*,ge sho's signs o partiality an, pre( <*,g ent in a case. 7hy6

A 1. - The judge can be inhibited from further trying the case.Partiality and pre-judgment can be just and alid reasons for the

judge to oluntarily inhibit himself. <ut mere suspicion that he is partial isnot enough. There must be e idence to pro e the charge. *>ecundo s.<enjamin, 2ec. @, @ 0. A litigant is entitled to the fairness and coldneutrality of an impartial judge.

5 ( %a,a C so*ght the assistance o a <*,ge in e0pe,itingthe intestate estate procee,ings o her ,ecease, co on(la'h*s+an,. He@ ho'e&er@ too a,&antage o her helplessness an,state o aterial ,epre,ation an, too her as his istress. 7as

the act o the <*,ge proper6 7hy6A 1. - o, because a judge should personify judicial integrity and

e$emplify honesty in public ser ice. The personal beha ior of a judge,both in the performance of o(cial duties and in pri ate life should beabo e suspicion. The e$ploitation of women becomes reprehensiblewhen the o'ender commits injustice by the brute force of his positionof power and authority. *Calanog case0.

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5 ( %aya <*,ge +e hel, to ans'er or an erroneo*s ,ecision 'hichhe ren,ere,6 7hy6

A 1. -A judge cannot be held to account or answer, criminally, ci illy, oradministrati ely for an erroneous decision rendered by him in good faith.Nhile the 1upreme Court does not re6uire perfection and infallibility, itreasonably e$pects a faithful and intelligent discharge of duty by thosewho are selected to #ll the positions of administrators of justice.

5 ( A <*,ge has alrea,y retire, 'hen an a, inistrati&e case 'asfle, against hi . Is he still 'ithin the co*rt-s <*ris,iction6 7hy6

A 1. - Mes. E en if a judge has already retired before the administrati e casewas #led against him, the 1upre me Court held that the court has not lostits jurisdiction o er him e en if his retirement has been appro ed, for hisretirement bene#ts ha e not yet been paid. The reason for this is that the

people would ha e no remedy left anymore. <y reason of public policy,the Court must assert and maintain jurisdiction for acts performed ino(ce which are inimical to the ser ice and prejudicial to the interest of the litigants and the general public.

5 (%aya <*,ge 'ho e0ercises his <*,icial *nction +e a,e lia+le or,a ages6 7hy6

A 1. -A judge who e$ercises his judicial functions cannot be liable for damages. The test of liability is not jurisdiction, but the nature of the 6uestion whichis being determined when the error complained of is committed by thecourt. *Aparicio s. Andal, B.R. o. @=5@: 4, +uly /5, @ 0. ;e is notliable e en though there is in reality absolute failure of jurisdiction o erthe subject matter. >or, judges are e$cluded from liability under Art. 4/,

ew Ci il Code, pro ided, their acts do not constitute a iolation of theRe ised Penal Code.

5 ( An $TC M*,ge 'as re o&e, on charges o i orality an,con,*ct *n+eco ing o a p*+lic o3cial. It 'as allege, that he

aintaine, a istress@ ha&ing +een the ather o t'o chil,ren'ith her@ inspite his +eing a arrie, an. Is the act o the <*,geproper6 7hy6

A# 1. - o, because the judge has beha ed in a manner not becoming of hisrobes and as a model of rectitude, betrayed the people!s highe$pectations, and diminished the esteem in which they hold the judiciaryin general.

The circumstances show a lac" of circumspection and delicade a onthe part of the respondent judge by failing to a oid situations that ma"ehim suspect to committing immorality and worse, ha ing that suspicioncon#rmed especially so that under Canon , Rule .8 , a judge should be

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the embodiment of competence, integrity, probity and independence. The Code of +udicial Ethics mandates that the conduct of a judge must

be free from impropriety not only with respect to the performance of his judicial duties, but also to his beha ior outside his sala and as a pri ateindi idual. There is no dichotomy of morality3 a public o(cial is also judgedby his pri ate morals. The Code dictates that a judge, in order to promotepublic con#dence in the integrity and impartiality of the judiciary, mustbeha e with propriety at all times. A judge!s o(cial life can not simply bedetached or separated from his personal e$istence. Thus3

G ein' t$e subJect o constant public scrutiny, a Jud'e s$ould reely and"illin'ly accept restrictions on conduct t$at mi'$t be %ie"ed asburdensome by t$e ordinary citi en.G

5 ( E0plain the re$ ip$a oquitor ,octrine in the in&estigation o errant <*,ges.

A 1. -)n these res ipsa loquitur resolutions, there was on the face of theassailed decisions an ine$plicable gra e error bereft of any redeemingfeature, a patent railroading of a case to bring about an unjust decision, ora manifestly deliberate intent to wrea" an injustice against a haplessparty.

The res ipsa loquitur doctrine does not accept or dispense with thenecessity of pro ing the facts on which the inference or e il intent is had.)t merely e$presses the clearly sound and reasonable conclusion thatwhen such facts are admitted or are already shown by the record, and nocredible e$planation that would negati e the strong inference of e il

intent is forthcoming, no further hearing to establish them to support a judgment as to the culpability of a respondent is necessary. (In re: +udge<altaFar 2iFon, Adm. Case o. 48@=, 7ay 4 , @ 0.

5 ( In Cle encio Sa+itsana@ Mr. &s. M*,ge A,riano illa ore@ $TM#o. >(9 9@ Oct. 9@ 8 8@ a co plaint 'as fle, alleging that inhis onthly certifcates o ser&ice@ he a,e it appear that heha, resol&e, all cases s*+ itte, or ,ecision 'ithin the >(,ayperio, 'hen in tr*th@ he ha, 8; cases *n,eci,e, ro ; years+ac or ro %arch 8 ;. 7as the act o the <*,ge proper67hy6

A 1. - o. A member of the <ench cannot pay mere lip ser ice to the 8-dayre6uirement, but should, in fact, perse ere in its implementation. TheCerti#cate of 1er ice is not merely a means to one!s paychec", but aninstrument by which the Courts can ful#ll the constitutional mandate of the people!s right to a speedy disposition of cases. Thus, it has beenruled3

G6$e people#s ait$ in t$e administration o Justice, especially t$ose "$o

171




belon' to t$e lo" income 'roup, "ould be 'reatly impaired i decisions arelon' in comin', more so rom trial courts "$ic$ unli e colle'iate tribunals"$ere t$ere is a need or extended deliberation, could be expected to act "it$ dispatc$.G ( a'damo %s. 4a$imulin, Adm. atter Co. KK-> <, +September :=, :4 S RA ** ).

5 ( Sho*l, a <*,ge sho' *n,*e interest in a pen,ing case +e oreanother co*rt6 7hy6

A 1. - o. Cardinal is the rule that a judge should a oid impropriety in allacti ities. The Canons mince no words in mandating that a judge shallrefrain from inOuencing in any manner the outcome of litigation or disputepending before another Court. *Canon /, Rule /.8 0. )nterference bymembers of the <ench in pending suits with the end in iew of inOuencingthe course or the result of litigation does not only sub ert theindependence of the judiciary but also undermines the people!s faith in its

integrity and impartiality. *Commentaries on the Code of +udicial Conduct0.&n this point, )mpao s. 7a"ilala *A.7. o. 7T+-@@- @ , &ctober 4, @ ,:@ 1CRA 5 0 e$pounds3

GIt is an important Judicial norm t$at a Jud'e#s pri%ate as "ell asoMcial conduct must at all times be ree rom t$e appearance o im>

propriety.G (!u'ue %s. =ayanan, B.R. Co. !/=@/@, Au'ust / , = ,/ S RA =59 x x x). As $eld by t$is ourt in t$ecase o 2ela 4a %s. Inutan, Adm. atter Co. - * <, <une + , :5, =S RA H; :

G6$e Jud'e is t$e %isible representation o t$e la" and, moreimportantly, o Justice. &rom $im, t$e people dra" t$eir "ill anda"areness to obey t$e la". 6$ey see in $im an intermediary o Justicebet"een t"o con7ictin' interests, especially in t$e station o municipal

Jud'es, li e respondent <ud'e, "$o $a%e t$at close and direct contact "it$ t$e people be ore anybody else in t$e Judiciary. 6$us, or t$e Jud'eto return t$at re'ard, $e must be t$e frst to abide by t$e la" and "ea%ean example or t$e ot$ers to ollo".G

5 ( I a <*,ge reconsi,ers his ,ecision)or,er@ can he +e charge,a, inistrati&ely6 7hy6

A 1. - o. )t is the prerogati e of a judge to correct his own decision before itbecomes #nal and e$ecutory, so as to ma"e it conform to the e idencepresented and the applicable laws. *<aguyo s. %e iste, 8: 1CRA 450.

The rule is true for as long as the judge is in good faith which is alwayspossessed.

A judge is not administrati ely accountable for e ery erroneousruling or decision rendered, pro ided, he acts in good faith and without

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malice. *7endoFa s. illaluF, 8= 1CRA == 0. The proper remedy of theaggrie ed party is not an administrati e charge against the judge but anappeal or petition for re iew of his decision. *7artin s. +udge Placido

allarta, A.7. o. 7T+- 8- 5, Aug. /, 0.5 ( 7hat is the e=ect i a <*,ge allo's the release o an acc*se,

'ho 'as con&icte, o a non(+aila+le o=ense6 7hy6

A 1. - The judge is guilty of gross misconduct when he allowed accusedindi iduals duly con icted of non-bailable o'enses and drug pushers atthat - to enjoy pro isional liberty by way of bail. Dnder the facts obtain-ing in these cases, good faith cannot be presumed on the part of therespondent judge. The suspicious circumstances attending the cases inpoint are far too glaring to ignore. * illa s. Amonoy, A.C. RT+-@ -4 5,>eb. 4, 0.

5 ( Ho' ,o yo* ,escri+e the o3ce o a <*,ge6 E0plain.

A 1. -The o(ce of a judge e$ists for one solemn end V to promote justice byadministering it fairly and impartially. *BonFales s. Austria 7. Abaya, :=1CRA =4 0. The judge is the isible representation of the law and of

justice. >rom him, the people draw their will and awareness to obey thelaw. As such, he should a oid e en the slightest infraction of the law.*)nciong s. 2e Buia, 5 1CRA 49 2ela PaF s. )nutan, = 1CRA 5=, ::1CRA 450. )n Santos %s. !uman', it was said that a judge who, throughgross ignorance of the laws or serious misconduct, frustrates the people!ssearch for justice, commits a ran" disser ice to the cause of justice whichcalls for recti#cation and the imposition of appropriate disciplinarymeasures. )n 1ummers s. &Faeta, @ Phil. :5 , it has been said that a

judge!s position demands e6uanimity, prudence, fortitude and courage.

5 ( "or ail*re to pay a <*st ,e+t@ a <*,ge 'as fne,P >@OOO.OO.7as the penalty proper6 7hy6

A 1. -Mes. Nillful failure to pay a just debt is a serious o'ense under Rule 8 of the Rules of Court, as amended by the resolution of the 1upreme Court,dated +uly /5, : . The amount in ol ed *P ,588.880 is not big. ;e couldeasily ha e paid it, but it appears that he was bent on frustrating thecomplainant!s best e'orts to obtain satisfaction of her lawful claim, ap-parently for no other intention than to annoy and oppress her for ha inghaled him and his wife into court. Nhile an ejectment case is supposed tobe summary in nature, respondent judge, through dilatory tactics,stretched the trial o er a period of ten * 80 years, and dragged the caseall the way from the municipal court to the Court of Appeals. After thedecision had become #nal, he delayed payment for two more years. ;ecame across only after the complainant in e$asperation had #led thisadministrati e charge against him.

Respondent judge!s conduct toward the complainant was oppressi e

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and unbecoming a member of the judiciary. ;e used his position and hislegal "nowledge to welsh on a just debt and to harass his creditor. ;ise$ample erodes public faith in the capacity of courts to administer justice.;e iolated Rule /.8l. Canon / of the Code of +udicial conduct which re-6uires that ?a judge should so beha e at all times as to promote publiccon#dence in the integrity and impartiality of the judiciary. *2e +ulio s.

+udge <enjamin ega, A.7. o. RT+-@ - 8=, +uly @, 0.

5 ( 7hat sho*l, the O3ce o the O +*,s an ,o i a cri inalco plaint against <*,ge is fle, 'ith that o3ce6 7hy6

A 1. -Nhere a criminal complaint against a judge or other court employeesarises from their administrati e duties, the &mbudsman must defer actionon said complaint and refer the same to the 1upreme Court fordetermination whether said judge or court employee had acted within thescope of their administrati e duties. This is so because Article ))), 1ection

= of the @: Constitution e$clusi ely ests in the 1upreme Courtadministrati e super ision o er all courts and court personnel, from thePresiding +ustice of the Court of Appeals down to the lowest municipal trialcourt cler". <y irtue of this power, it is only the 1upreme Court that cano ersee the judges and court personnel!s compliance with all laws, andta"e the proper administrati e action against them if they commit any

iolation thereof. o other branch of go ernment may intrude into thispower, without running afoul of the doctrine of separation of powers.*7aceda s. as6ueF, // 1CRA = , April //, 40.

5 ( %ayan action o a <*,ge in the e0ercise o his <*,icial *nction

+e the s*+<ect o a ,isciplinary action6 Is the r*le a+sol*te6A 1. - o. As a general rule, the acts done by a judge in his judicial capacity are

not subject to disciplinary action, e en though erroneous. These actsbecome subject to disciplinary power only when they are attended byfraud, dishonesty, corruption or bad faith. *Abiera s. 7aceda, 5/ 1CA25@ , /44 1CRA 5/8, +une 48, 0.

A judge is not administrati ely accountable for e ery erroneousruling or decision rendered, pro ided, he acts in good faith and withoutmalice. *7artin s. allarta, /88 1CRA = , Aug. /, 0.

Bood faith and absence of malice, corrupt moti es and improperconsideration are su(cient defenses that may be a ailed of by a judicialo(cer charged with ignorance of the law and promulgation of an unjustdecision from being held accountable for errors of judgment, on thepremise that no one called upon to try the fact or interpret the law in theadministration of justice can be infallible. *Pilipinas <an" s. Tirona-%iwag,

8 1CRA @4 , &ct. @, 80.

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5 ( State the concept an, ele ents o no'ingly ren,ering *n<*st <*,g ent.

A 1. - Qnowingly rendering an unjust judgment is both a criminal and anadministrati e charge. As a crime, it is punished under Art. /8 of theRPC, the elements of which are3 *a0 the o'ender is a judge9 *b0 he

renders a judgment in a case submitted to him for decision9 *c0 the judgment is unjust9 and *d0 the judge "nows that his judgment isunjust. The gist of the o'ense therefore is that an unjust judgment berendered maliciously or in bad faith, that is, "nowing it to be unjust.

An unjust judgment is one which is contrary to law or is notsupported by the e idence, or both. The source of an unjust judgmentmay be error or ill-will. There is no liability at all when re6uired to e$ercisehis judgment or discretion. A judge is not liable criminally for any errorwhich he commits, pro ided he acts in good faith. <ad faith is thereforethe ground of liability. )f in rendering judgment the judge fully "new thatthe same was unjust in the sense aforesaid, then he acted maliciously andmust ha e been actuated and pre ailed upon by hatred, en y, re enge,greed, or some other similar moti e. 7ere error therefore in theinterpretation or application of the law does not constitute the crime.

The nature of the administrati e charge of "nowingly rendering anunjust judgment is the same as the criminal charge. Thus, it must beestablished that the judge rendered a judgment or decision not supportedby law andGor e idence and that he must be actuated by hatred, en y,re enge, greed, or some other similar moti e.

)f for e ery error of a judge he should be punished, then perhaps no judge, howe er good, competent and dedicated he may be, can e erhope to retire from the judicial ser ice without a tarnished image.1omehow along the way he may commit mista"es, howe er, honest. Thisdoes not e$clude members of appellate courts who are not always inagreement in their iews. Anyone belonging to the minority opinion maygenerally be considered in error, and yet, he is not punished becauseeach one is entitled to e$press himself. This pri ilege should e$tend totrial judges so long as the error is not moti ated by fraud, dishonesty,corruption, or any other e il moti e. *2ela CruF s. Concepcion, 5 1CA2= 8, /45 1CRA 5 :, Aug. /5, 0.

5 (I a <*,ge is charge, an, the co plainant has lost interest inprosec*ting the case@ 'ill the case +e ,is isse,6 7hy6

A 1. - o. The fact the complainant has lost interest in prosecuting theadministrati e case against a judge will not necessarily warrant adismissal thereof. &nce charges ha e been #led, the 1upreme Courtmay not be di ested of its jurisdiction to in estigate and ascertain thetruth of the matter alleged in the complaint. The 1upreme Court has an

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interest in the conduct of members of the +udiciary and in impro ingthe deli ery of justice to the people, and its e'orts in that directionmay not be derailed by the complainant!s desistance from furtherprosecuting the case he or she initiated.

To condition administrati e actions upon the will of e ery

complainant, who may, for one reason or another, condone adetestable act, is to strip the Court of its super isory power todiscipline erring members of the +udiciary. 2e#nitely, personal interestsare notmaterial or controlling. Nhat is in ol ed here is a matter of public interestconsidering that a judge is no ordinary citiFen but an o(cer of the courtwhose personal beha ior not only upon the bench and in the performanceof judicial duties, but also in his e eryday life, should be beyond reproach.*)mbing s. Tiongson, @ 1CA2 8 ,// 1CRA = 8, >eb. :, 0.

5 (. applie, or the position o an $TC <*,ge 'itho*t re&ealingthat he has t'o pen,ing cases. Is the act o proper6 7hy6

A 1. - o. A judge is held guilty of gross misrepresentation when he failed todisclose that he was facing two serious criminal charges when heaccepted appointment and subse6uently 6uali#ed as RTC judge. Theargument that he had not yet been con icted and should be presumedinnocent is beside the point, and so is the contention that the crimes of homicide and attempted homicide do not in ol e moral turpitude. Theimportant consideration is that he had a duty to inform the appointingauthority and the 1C to determine on the basis of his record his eligibilityfor the position he was see"ing. *&(ce of the Court Administrator s.Estacion, +r., @ 1CRA 44, +an. , 80.

5 ( 7hy sho*l, a <*,ge reg*late his e0tra<*,icialacti&ities6

A 1. -+udges are enjoined not only to regulate their e$trajudicial acti ities inorder to minimiFe the ris" of conOict with their judicial duties but alsoprohibited from engaging in the pri ate practice of law. *<alayan s.&campo, / @ 1CRA 4, +an. / , 40.

5 ( %ay a <*,ge iss*e a s*+poena to a person 'hohas no case in hissala6 7hy6

A 1. - o. )n the absence of a case in his sala in connection with which a partycould be subpoenaed, a judge has absolutely no power or authority toissue a subpoena to such party.

The judge, in using a subpoena form for criminal cases tosummon a party upon the re6uest of another who had no case beforehis court, in ited legitimate criticism against his o(ce as an instrument

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of oppression. ;is act constitutes ignorance of the law and oppressionwhich should warrant disciplinary sanction. *Caamic s. Balapon, +r., 5=1CA2 , /4: 1CRA 4 8, &ctober :, 0.

5 ( %aya <*,ge eet one o the parties iRn a case insi,e hischa +ers 'itho*t the other party an, e,,le 'ith the iss*escon ronting the parties on the prete0t o settling it6 7hy6

A 1. - o. )n the absence of their lawyers, a judge ought not to meddlein issues confronting the parties e en on the prete$t of settling theircases as such act would compromise the integrity of his o(ce. +udgesare cautioned to a oid in-chamber sessions without the other party andhis counsel present, and to obser e prudence at all times in theirconduct to the end that they not only act impartially and with proprietybut are also percei ed to be impartial and proper.

The act of a judge in meeting with complainants without thepresence of counsel and warning them not to tell anyone, and demandingmoney under the guise of forging peace between the parties constitutesgra e misconduct. *Capuno s. +aramillo, +r., 54 1CA2 4/ , /4 1CRA / /,

+uly /8, 0.

5 ( %aya <*,ge sole ni2e arriage 'itho*t arriage license6 7hy6

A 1 .- o. >or solemniFing marriages e en without the re6uisite marriagelicense, a judge is deemed to ha e actually triOed with the law!s concernfor the institution of marriage and the legal e'ects Oowing from ci ilstatus, which should merit administrati e sanction, without prejudice tothe ci il and criminalliabilities he may ha e incurred as well. *Cosca s.

Palaypayon, +r., 55 1CA2 :5 ,/4: 1CRA / , 1ept. 48, 0.5 ( !*ring the inc* +ency o a <*,ge@ he sent o*t han,+ills

in,icating his intention to r*n or a congressional seat. 7asthe act o the <*,ge proper6 7hy6

A 1. - o. A judge acted improperly when he sent out lettersGhandbillsmanifesting his intention to run as a congressional candidate whilestill the incumbent judge and prior to the commencement of thecampaign period. ;e too" ad antage of his position to boost his

candidacy, demeaned the stature of his o(ce and must bepronounced guilty of gross misconduct. * istan s. icolas, /81CRA 5/ , 1ept. 4, 0.

5 ( Sho*l, a <*,ge report to his o3ce e&en i he has no hearings67hy6

A 1. -Mes. A judge must report to his o(ce e en if he has no hearings on

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regular days. The law regulating court sessions does not permit any ?dayo'! from re'ular o(ce hours to enable the judge to engage e$clusi ely inresearch or decision-ma"ing, no matter how important. *7endoFa s.7abutas, / 1CA2 /4, //5 1CRA , +une :, 40.

5 ( A <*,ge *se, his cha +ers as his a ily-s resi,ence. 7as the

A 1. - o. A judge cannot use his chambers as his family!s residence e en withthe Bo ernor!s permission. Bo ernment property is for o(cial use onlyand not for the personal use of the o(cial. *Presado s. Beo a, / 1CA258:, //4 1CRA @ , +une / , 40. Court rooms cannot be used as

judge!s li ing 6uarters. *>elongco s. 2ictado, / 1CA2 :88, //4 1CRA= =0.

5 ( I the or,er o a <*,ge 'as 1*estione, +e ore a higher co*rt@sho*l, he appear personally to see a re&ersal o the or,er that is

*n a&ora+le to his action6 7hy6A 1. - o. The judge whose order is under attac" is merely a nominal party.

Nherefore, a judge, in his o(cial capacity should not be made toappear as a party see"ing re ersal of a decision that is unfa orable tothe action ta"en by him. A decent regard for the judicial hierarchy barsa judge from suing against the ad erse opinion of a higher court.*1antiago s. CA, @ 1CRA = 8, April /:, 80.

5 ( The <*,ge aile, to ren,er <*,g ent in a case 'ithin theregle entary perio,. His reason is the ail*re o thestenographer to transcri+e the notes. 7as the contentionproper6

A 1. - o. A delay in the transcription of stenographic notes cannot beconsidered a alid reason for the delay in rendering judgment in acase. Nith or without the transcribed stenographic notes, the 8-dayperiod for deciding cases should be adhered to. *<alagot s.&pinion, 5 1CRA / , 7arch /8, 0.

)n one case, the 1upreme Court said that the failure to decide acase particularly one in ol ing a simple iolation of the <ouncingChec"s %aw for o er # e years is an inordinate amount of procrastination tantamount to gross negligence. )t is not enough for

judges to pen their decisions9 it is also important to promulgate andma"e them "nown to all concerned at the earliest possible time andwithin the mandated period. *1oyangco s. 7aglalang, = 1CRA 5,April

, 0.

5 ( !escri+e the po'er o co*rts to cite persons in conte pt.

A 1. -The power to declare a person in contempt of court and in dealing with

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him accordingly is an inherent power lodged in courts of justice to be usedas a means to protect and preser e the dignity of the court, the solemnityof the proceedings therein and the administration of justice from callousmisbeha ior, o'ensi e personalities, and contumacious refusal to complywith court orders.

And as in all other power of the court, the contempt power,howe er, plenary it may seem, must be e$ercised judiciously andsparingly.

Clearly then, judges are enjoined to e$ercise utmost restraint in theuse of their contempt powers. They are e$pected to a ail of the contemptpower only as a last resort when all other alternati e courses of action aree$hausted in the pursuit of maintaining respect to the court and itsprocesses. Thus, when a less harsh remedy presents itself to the judge, heshould at all times hesitate to use his contempt power, and instead opt forthe less harsh remedy. *2e Buia s. Buerrero, +r., 5 1CA2 ,/4 1CRA=/5, August , 0.

5 ( Is Fi oralityF as a gro*n, or i position o a,.inistrati&e sanctions li ite, to illicit se0*al interco*rse alone6

A 1. - o. )mmorality has not been con#ned to se$ual mat ters, butinCludes conduct inconsistent with rectitude, or indicati e of corruption,indecency, depra ity, and dissoluteness9 or is willful, Oagrant orshameless conduct showing moral indi'erence to opinions of respectablemembers of the community, and as inconsiderate attitude toward goodorder and public welfare. *<lac"!s %aw 2ictionary, 1i$th ed., 8, :5 9cited in Alfonso s. +udge +uanson, Adm. 7atter o. RT+- /- 8 , 2ec. :,

4, = 1CA2 =840.

>or, it has been held that there is no dichotomy of morality9 a publico(cial is also judged by his pri ate morals. The Code of +udicial Ethicsdictates that a judge, in order to promote public con#dence in theintegrity and impartiality of the judiciary, must beha e with propriety atall times. A judge!s o(cial life can not simply be detached or separatedfrom his personal e$istence. *+unio s. Ri era +r., 1CA2 48@, //5 1CRA=@@, Aug. 48, 40.

)n 1icat s. Alcantara, et al., = 1CRA /@ , 7ay , @@,wherein the respondent judge was chargedwith immorality for ha ingan illicit a'air with a married female court employee, the 1upremeCourt declared3

G6$e personal and oMcial actuations o e%ery member o t$e enc$must be beyond reproac$ and abo%e suspicion. 6$e ait$ and confdenceo t$e public in t$e administration o Justice cannot be maintained i a

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Jud'e "$o dispenses it is not equipped "it$ t$e cardinal Judicial %irtue o moral inte'rity, and i $e obtusely continues to commit an aNront to

public decency. In act, moral inte'rity is more t$an a %irtueD it is anecessity in t$e <udiciary.G

)n another case where a municipal judge was charged with ha ingillicit relations with a concubine under scandalous circumstances, it wasstated that if good moral character is re6uired of a lawyer, with morereason should that re6uirement be e$acted of a member of the +udiciarywho at all times is e$pected to obser e irreproachable beha ior and isbound not to outrage public decency. Thus, e en as an ordinary lawyer, a

judge has to conform to the strict standards of conduct demanded of members of the profession. 2e#nitely, fathering a child with a womanother than his lawful wife fails to meet these standards. A judge su'ersfrom moral obtuseness or has a weird notion of morality in public o(cewhen he labors under the delusion that he can be a judge and at the

same time ha e a mistress in de#ance of the mores and sense of moralityof the community. *lmbing s. Tiongson, @ 1CA2 8 ,// 1CRA = 8, >eb.:, 0.

5 ( E0plain the +asic reason or ,is1*alifcation o <*,ges.

A 1. - The underlying reason for the Rule on 2is6uali#cation of +udgesunder 1ec. , Rule 4:, Rules of Court, is to ensure that a judge, sittingin a case, will at all times be free from inclinations or prejudices and bewell capable to render a just and independent judgment. A litigant, weoften hear, is entitled to nothing less than the cold neutrality of a

judge. 2ue process re6uires it. )ndeed, he not only must be able to soact without bias but should e en appear to be so. )mpartiality is a stateof mind9 hence, the need for some "ind of manifestation of its reality.

erily, a judge may, in the e$ercise of his sound discretion, inhibithimself oluntarily from sitting in a case, but it should be based on good,sound or ethical grounds, or for just and alid reasons. )t is not enoughthat a party throws some tenuous allegations of partiality at the judge. oless than imperati e is that it is the judge!s sacred duty to administer jus-tice without fear or fa or. *Parayno s. 7eneses, 58 1CA2 :8,/4 1CRA@8:, April /=, 0.

5 ( 7hy sho*l, a <*,ge 'ho is relate, to a party in a case pen,ing

in his sala ,is1*ali y hi sel 6A 1. - The rule of compulsory dis6uali#cation of a judge to hear a case

where the judge is related to either party within the si$th degree of consanguinity or a(nity rests on the salutary principle that no judgeshould preside in a case in which he is not wholly free, disinterested,impartial and independent. A judge has both the duty of rendering a

just decision and the duty of doing it in a manner completely free fromsuspicion as to its fairness and as to his integrity. The law conclusi ely

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presumes that a judge cannot objecti ely or impartially sit in such acase and, for that reason, prohibits him and stri"es at his authority tohear and decide it, in the absence of written consent of all partiesconcerned. The purpose is to preser e the people!s faith andcon#dence in the courts of justice. *Barcia s. 2ela Peiia, @ 1CA2 : ,// 1CRA :==0.

5 ( The respon,ent 'as charge, 'ith i orality an, &iolationo the Co,e o M*,icial Ethics. The acts 'ere allege,ly co itte,'hen he 'as still a practitioner. The co plainant allege, thatrespon,ent ha, carnal no'le,ge 'ith his 'i e in at least f&e ;/occasions 'itho*t speci ying the ,ates. In act@ his 'i e allege,lya, itte, ha&ing se0*al interco*rse 'ith hi . #o' that he is a

<*,ge@ can he +e re o&e, or those acts he co itte, 'hen he'as still a practitioner6 E0plain.

A 1. - o, for the acts were done before he became a judge. Proof of prior immoral conduct cannot be the basis for his administrati ediscipline. The respondent may ha e undergone moral reformationafter his appointment, or his appointment could ha e completelytransformed him upon the solemn realiFation that apublic o(ce is apublic trust and public o(cers and employees must at all times beaccountable to the people, ser e them with utmost responsibility,integrity, loyalty and e(ciency, act with patriotism and justice, andlead modest li es. *1ection 8@Article H), @: Constitution0. )t would beunreasonable and unfair to presume that since he had wandered fromthe path of moral righteousness, he could ne er retrace his steps andwal" proud and tall again in the path. o man is beyond reformationand redemption. A lawyer who aspires for the e$alted position of amagistrate "nows, or ought to "now, that he must pay a high price forthe honor - his pri ate and o(cial conduct must at all times be freefrom the appearance of impropriety. *+agueta s. <oncaros, =8 1CRA /:S : 0. And the lawyer who is thereafter appointed thereto mustperforce be presumed to ha e solemnly bound himself to a way of conduct free from any hint or suspicion of impropriety. The imputationof illicit se$ual acts upon the incumbent judge must be pro en bysubstantial e idence, which is the 6uantum of proof re6uired inadministrati e cases. *Alfonso s. +udge 7odesto %uanson, 2ec. :,

4, = 1CA2 =840.5 ( M*,ge Enri1*e A. C*+e 'as@ on %ay J8@ 8 J appointe, Presi,ing

M*,ge o %etropolitan Trial Co*rt@ Branch @ %anila. S*+se1*ently@in or ation 'as recei&e, +y the M*,icial an, Bar Co*ncil that he 'aspre&io*sly ,is isse, in 8 as Assistant "iscal o Pasay City orgross iscon,*ct an, ,ereliction o ,*ty or ail*re to prosec*te acri inal case 'hich le, to its ,is issal 'ith pre<*,ice.

C*+e applie, or appoint ent to the M*,iciary so eti e in8 . In the Personal !ata Sheet he 'as re1*ire, to acco plish@

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one o the 1*estions as e, 'as: FHa&e yo* e&er +een retire,@,is isse,@ orce, to resign ro any e ploy ent or reasonother than lac o *n,s or ,roppe, ro the rolls6 His ans'er'as FOptional *n,er $A 889;.F

$A 889; is entitle, FAn Act Creating the Philippine Cocon*t

A, inistration...F an, ,oes not ,eal 'ith retire ent@ optional orother'ise. C*+e-s Ser&ices $ecor, a,e no ention o his ha&ing+een e ploye, in this agency.

C*+e e0plaine, that his re o&al in 8 'as 7ITHO TP$EM !ICE. He 'as in act appointe, to a *nicipal go&ern entposition.

A 1. - ME1 Can he +e ,is isse,6 7hy6

The circumstance that his dismissal was without prejudice is not material,and neither is his subse6uent appointment to a municipal position. Nhat isimportant is his non-disclosure or concealment of the fact that in :/, hewas RE7& E2 as Asst. >iscal. That fact was deliberately suppressed. ;e didnot retire, as he declared in his data sheet. ;e was remo ed for grossmisconduct and dereliction of duty in the prosecution of a smuggling case.

GIt be$oo%es e%ery prospecti%e appointee to t$e Judiciary to appriset$e appointin' aut$ority o e%ery matter bearin' on $is ftness or JudicialoMce, includin' suc$ circumstances as may re7ect on $is inte'rity and

probity. 6$ese are qualifcations specifcally required by t$e onstitution.G

The fact alone of his concealment of his pre ious dismissal from thepublic ser ice, which the +udicial and <ar Council would ha e ta"en intoconsideration in acting on his application, is clear proof of his lac" of thesaid 6uali#cations and renders him unworthy to sit as judge.

+udge Cube committed an act of dishonesty that rendered him un#tto be appointed to, and to remain now in, the +udiciary, he has tarnishedwith his falsehood. ;e was 2)17)11E2 with prejudice to his reappointmentto any position in the go ernment, including go ernment-owned or-controlled corporations, and with forfeiture of all retirement bene#ts. *Re3)n6uiry on the Appointment of +udge Enri6ue A. Cube, A7 o. 4-:- /@87ETC, &ct. 4, 4, 5 1CA2 48 0.

- A -year old girl, Cristina +unio #led with the Pro incial Prosecutor!so(ce a complaint for acts of lasci iousness against +udge Ri era of Alaminos, Pangasinan. The in estigating o(cer recommended that the

judge be absol ed of the administrati e case. )s the recommendationproperY NhyY

A 1. - o. )n dismissing the +udge, the 1upreme Court said that e$actingstandards of morality and decency from those who ser e in the

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judiciary ha e been set. A member of the judiciary is judged not onlyby his of#cial acts but also by his pri ate morals, to the e$tent thatsuch pri ate morals are e$ternaliFed in his beha ior. The judge failed tomeasure up to those demanding standards. ;e was found guilty of gross misconduct and conduct prejudicial to the interest of the

judiciary. *+unio s. +udge Pedro Ri era, Aug. 48, 40.

5 ( Pro&incial Prosec*tor G. Olarte fle, an in or ation or *r,eragainst ". Banite 'itho*treco en,ation or +ail in the sala o

M*,ge Tarriela@ presi,ing <*,ge Branch 99 $TC o %a +*rao@Occi,ental %in,oro. On Man*ary J@ 8 @ the acc*se, 'asarraigne, 'here he plea,e, not g*ilty. Ho'e&er@ on Man*ary 8 @8 @ prosec*tor Olarte a en,e, the in or a tion against Banite'itho*t lea&e o co*rt to ho ici,e an, reco en,e, a +ail o P >@OOO.OO. M*,ge Tarriela or,ere, Olarte to e0plain his action.Therea ter@ on "e+r*ary 9@ 8 @ %rs. *+iri@ s*per&ising steno(

reporter o the pro&incial prosec*tor on or,ers o Olarte 'ent to M*,ge Ag*ilar herein respon,ent@ 'ho 'as then the e0ec*ti&e an,presi,ing <*,ge o Branch 9; $TC o San Mose@ Occi,ental %in,oro@to re1*est or the release o the acc*se, Banite on +ail. On thesa e ,ay@ M*,ge Ag*ilar signe, an, iss*e, the or,er appro&ingthe property +on, an, the release o the acc*se, on +ail.

Co plainants herein charge, respon,ent <*,ge 'ith gra&e a+*seo ,iscretion@ since the case 'as +eing trie, in the sala o M*,geTarriela. Is the <*,ge g*ilty o a+*se o a*thority6 7hy6A#S. -Mes. Respondent +udge is guilty of gra e abuse of authority. The case was

#led in <ranch , hence, respondent judge who presides in <ranch 5,had no power to act on the re6uest to release on bail accused <anite. )twas irregular for respondent judge to entertain the re6uest consideringthat it did not appear that a formal motion had been #led by the accusedto that e'ect.

Respondent judge should endea or at all times to maintain thecon#dence and high respect accorded to those who wield the ga el of

justice. Circular o. 4 enjoins judges to conduct themsel es strictly inaccordance with the mandate of e$isting laws and the code of judicialconduct that they be e$emplars in their communities and the li ingpersoni#cation of justice and the rule of law.

Respondent judge!s action shows such lac" of familiarity with thelaws, rules and regulations as to undermine the public con#dence in theintegrity of our courts.

7oreo er, the record does not show that at that time respondent judge ordered <anite!s release, judge Tarriela was absent or una ailableand could not ha e acted on the re6uest. *Cuaresma s. +udge Aguilar,1ept. 4, 4, 1CA2 5 0.

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5 ( Her ina Al&os@ clai ing to +e the niece o Pa2 $a ire2@s*r&i&ing spo*se o the late A +rocio Pingco@ fle, 'ith the $TCa petition or settle ent o the estate o A +rocio. $espon,ent

M*,ge appointe, Al&os as special a, inistrator.

Co*nsel or Al&os fle, an *rgent otion stating thatparcels o lan, +elonging to A +rocio an, his 'i e 'ere sol,to co plainant y an, re1*este, the Co*rt to ,irect the $egis(ter o !ee,s to ree2e any transaction 'itho*t the signat*re o Al&os in&ol&ing sai, properties an, later re1*este, the titlesiss*e, to y +e cancelle,. $espon,ent M*,ge or,ere, the can(cellation an, reinstate ent o the na es o the spo*sesA +rocio an, Pa2. y fle, 'ith the CA a petition to ann*l theor,er 'ith a prayer or a te porary restraining or,er topre&ent the <*,ge ro *rther procee,ing against hi .

!espite the ,ecision o CA an, the pen,ency o the petitionor re&ie' to SC@ respon,ent <*,ge contin*e, iss*ing &ario*s

or,ers res*lting in the iss*ance o ne' titles to the propertiesin the na e o persons state, in the pro<ect o partition to the,a age an, pre<*,ice o co plainant. "*rther ore@ e&en a terthe SC ha, a3r e, the r*ling o the CA that respon,ent <*,gehas no <*ris,iction to entertssain *rther procee,ingsconcerning the o'nership o the properties@ respon,ent <*,gestill in an atte pt to ,e eat the proscription i pose, +y thehigher <*,icial a*thority@ iss*e, or,ers appro&ing the sale o the properties to the *rther pre<*,ice o - the co plainants@

hence@ this co plaint against M*,ge Cap*long. Is the <*,geg*ilty6 7hy6

A# 1. - Mes. The actuation of respondent judge clearly stressed herblatant dis obedience to the lawful orders of superior courts and belieany claims that she rendered the erroneous orders in good faith aswould e$cuse her from administrati e liability.

Time and time again the 1upreme Court emphasiFed that the judgeis the isible representation of law and justice from whom the people drawtheir will and awareness to obey the law. >or the judge to return thatregard, the latter must be the #rst to abide by the law and wea e ane$ample for the others to follow. The judge should be studiously careful toa oid e en the slightest infraction to the law. To ful#ll this mission, the

judge should "eep abreast of the law, the rulings and doctrines of the1upreme Court. )f the judge is already aware of them, the latter shouldnot deliberately refrain from applying them9 otherwise, such omission canne er be e$cused. *Dy s. Capulong, A7 o. RT+ - -:==, April :, 40

5 ( The acc*se, 'as the +rother(in(la' o the <*,ge +eing theh*s+an, o her sister. She ,i, not inhi+it hersel . A <*,g ent

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ac1*itting the acc*se, 'as ren,ere,. Is the act*ation o the <*,ge correct or proper6 7hy6

A 1. - o, the judge iolated and deliberately disregarded Rule 4. /*d0,Canon 4 of the Code of +udicial conduct considering that theaccused is her brother-in-law and did not obtain the consent of the

parties. 1he e en interceded to obtain settlement, hence, bias wasthen present on her part, thereby necessarily blinding herimpartiality and irreparably a'ecting the cold neutrality she issupposed to possess. 1he should ha e oluntarily dis6uali#edherself.

1he may not be liable for rendering unjust judgment, but mayonly be guilty of gross ignorance of the law. *Dbarra s. +udge7apalad, 7arch //, 40.

5 ( Alisangco +o*ght a stolen cara+ao. A co plaint 'as fle,or the &iolation o #o. 8D8 'hich the respon,ent M*,ge

erroneo*sly clai to +e the Anti(Cattle $*stling La' o 8'hen in reality@ it is the Anti("encing La' o 8 /againstco plainant Alisangco as one o the acc*se,. Conse1*ently@

M*,ge Ta+iliran i e,iately iss*e, a 'arrant or Alisangco-sarrest 'itho*t frst ,eter ining his participation in theo=ense charge, an, set the +on, at P >@OOO.OO. Alisangcoposte, cash +on, a ter 'hich he 'as ser&e, 'ith as*+poena ,irecting hi to appear or arraign ent an,preli inary in&estigation. On s*ch ,ate@ Alisangco no longerappeare, +eca*se he ha, earlier fle, a 'ai&er o his right

to a preli inary in&estigation. In &ie' o his non(appearance@ M*,ge Ta+iliran iss*e, an or,er to arrestAlisangco an, re1*iring the latter to sho' ca*se 'hy his+on, sho*l, not +e confscate,. Be ore the arrest co*l, +ee=ecte,@ the latter-s co*nsel inter&ene, +y fling a otion toli t the or,er o arrest. The respon,ent M*,ge@ ho'e&er@ ha,not acte, on the sai, otion. Hence@ this co plaint orgra&e a+*se o a*thority@ ignorance o the la' an, con,*ct*n+eco ing o a presi,ing <*,ge. !eci,e.

A 1. -Considering that the 7TC only had preliminary jurisdiction o er the

case, the respondent judge did not ha e any authority to set the casefor arraignment. All it could do was to calendar the same for prelimi-nary in estigation. There is no law or rule re6uiring an arraignmentduring the preliminary in estigation. The arraignment must beconducted by the court ha ing jurisdiction to try the case on its merits.

Thus, in this case, the RTC has e$clusi e original jurisdiction by reasonof the prescribed penalty. ;ence, respondent +udge in this case did not"now the proper procedure on the matter or simply chose to ignore the

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same.

)t was duly pro en that the wai er of preliminary in estigationwas #led by the complainant. Respondent judge e$hibited ignorance of procedural law or plainly abused his authority when he issued awarrant for the arrest of the complainant and ordered the latter to

show cause why his bond should not be con#scated. E en if the wai erwas not seen by him because it was not attached to the expediente of the case, the most that the court could ha e done from thecomplainant!s failure to appear was to consider him as ha ing wai edhis right to a preliminary in estigation or declare such preliminaryin estigation closed and terminated as to him. )t is settled that e en if an accused had e$pressed his desire to be gi en an opportunity to bepresent at the preliminary in estigation, but later changed his mindand renounced his right, he cannot be compelled to be present in thesaid in estigation, *Alisangco s. +udge Tabiliran, +une 48, 4, /1CA2 : :0.

5 ( State Prosec*tor *no fle, an a, inistrati&e co plaintagainst M*,ge !i2on or gross ignorance o the la' +eca*sehe ac1*itte, the ,e en,ants in o*r cases o illegalpossession o frear s. M*,ge !i2on anchore, his ,ecisionon the case o People &s. As*ncion@ 8D8 SC$A 9 >@ 'hichr*le, that the prosec*tion *st sho' that other than erepossession o an *nlicense, frear @ the perpetrator ha, theintent to *se the sa e. Ho'e&er@ sai, r*ling fn,s noapplication in the sai, cases. The r*le stea, astly lai, ,o'nin cases o illegal possession o frear s is that erepossession is s*3cient to 'arrant con&iction. The o=ense isco&ere, +y special la' an, is ma um pro%i-itum2 hence@ in(tent to *se is not an ingre,ient o the cri e an, nee, notthere ore +e allege, in the in or ation. The co ission o the act +eing prohi+ite, +y reason o p*+lic policy@ its*3ces that the prohi+ite, article +e o*n, in thepossession o the acc*se,@ it not +eing necessary to allegeor pro&e intent to *se.

At the in&estigation@ it 'as o*n, that M*,ge !i2on-serroneo*s a,herence to the r*ling in Peop e ),3 A$uncion

sho'e, his ignorance o the history an, ,e&elop ent o thefrear la'R an, that he aile, to ascertain frst i the actso the cases he relie, *pon are si ilar to the o*r cri inalcases fle, +y State Prosec*tor *no. Is M*,ge !i2on g*ilty o gross inco petence@ gross ignorance o the la' an, o

no'ingly ren,ering incorrect <*,g ent6 7hy6

A 1. -Mes. )n dismissing him, the 1upreme Court said that +udge 2iFon isonce more before the 1upreme Court to answer charges, which are

186




practically a repetition of an earlier case against him. As before, hestubbornly insists that malice or criminal intent should be pro ed e enin crimes punished by special laws or laws which are mala pro$ibita.

The 1upreme Court found him guilty of ha ing acted with grossincompetence and gross ignorance of the law, as to be almostdeliberate and tantamount to "nowingly rendering incorrect and unjust

judgment. *Article /8 , RPC0.

A judge should be the embodiment of competence, integrity andindependence. ;e should be faithful to the law and maintain professionalcompetence. )n e ery case, he should endea or diligently to ascertain thefacts and the applicable law answered by partisan interests, public opinionor fear of criticism. Nhen it has been clearly demonstrated, as in thiscase, not only once but four times, that the judge is either grosslyincompetent or grossly ignorant of the penal laws especially thosein ol ing crimes committed by transients, li"e smuggling of foreigncurrency and #rearms, through the international airport in Pasay City,where his court sits, he becomes un#t to discharge his judicial o(ce. 7orethan mere ignorance of applicable laws and jurisprudence, his intran-sigence and persistence in error will ma"e people lose their faith in him asan administrator of justice. ;a ing lost his right to be addressed by therespectful appellation of ?;onorable +udge? he has li"ewise lost his right tocontinue in the judicial ser ice. *1enior 1tate Prosecutor uno s. +udge2iFon, +une /4, 4, / 1CA2 =8 0.

5 ( The <*,ge in an e<ect ent s*it ren,ere, a <*,g ent@ the,ispositi&e portion o 'hich rea,s:

4W%ere.ore( in 0ie5 o. t%e .ore6oin6 con$i&eration$( it i$%ere-" re$pect.u " Pra"e& t%at 7u&6ment -e ren&ere& in accor&ance 5it% t%e

p ainti8'$ pra"er in t%eir comp aint in t%e a-o0e#entit e& ca$e34

In a petition or certiorari( the Co*rt ,eclare, it &oi,. B*trespon,ent <*,ge change,

an, a en,e, his earlier ,ecision or,ering the ,e en,ants to&acate the pre ises@ hence@ the co plaint or gross ignoranceo the la' an, inco petence. 7ill the co plaint prosper67hy6

A 1. -Mes. A judge should e$hibit an industry and applicationcommensurate with the duties imposed upon him and he should beconscientious, studious and thorough. ;e did not only issue a manifestly

oid decision, he e en granted the motion for its e$ecution and issued thecorresponding writ with full "nowledge that there was nothing to e$ecute9e$hibiting once more his ine(ciency, carelessness, negligence or e en hisincompetence. *1antos s. +udge &rlando Paguio, o . =, 4, = 1CA2

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/ 50.

5 ( A ter ,*e notice an, hearing an, *pon the fling o a+on,@ the %TCC o Tang*+ City then presi,e, o&er +y M*,geSal&anera ,irecte, the ,e en,ants to &acate the fshpon, in1*estion an, restore the possession to #i1*e. The ,e en,antsfle, a otion to li t the restraining or,er +*t the co*rt

aintaine, it. They fle, a secon, otion or reconsi,erationan, M*,ge Sal&anera li te, the restraining or,er an, ,eli&ere,the possession o the property to the .

Conse1*ently@ #i1*e fle, a petition or certiorari in the CAto ann*l M*,ge Sal&anera-s or,er. The CA re erre, the case tothe $TC 'hich has conc*rrent <*ris,iction o&er the case. The$TC set asi,e M*,ge Sal&anera-s or,er an, ,irecte, hi toreinstate the 'rit o preli inary an,atory in<*nction an,restore the petitioner in the peace *l possession an,occ*pation o the fshpon,.

A ter the $TC ,ecision ha, +eco e fnal an, e0ec*tory@#i1*e fle, a otion or e0ec*tion. The otion 'as hear, +y

M*,ge apatos 'ho ha, s*ccee,e, M*,ge Sal&anera. The ,e(en,ants fle, a otion to li t the preli inary in<*nction +*t

oppose, +y #i1*e. Ho'e&er@ M*,ge apatos ,enie, the otionor e0ec*tion an, ,issol&e, the 'rit o preli inary an,atory

in <*nction@ 'hich the $TC ha, or,ere, to +e reinstate,. Hence@this co plaint fle, +y #i1*e against apatos charging hi'ith gross ignorance o the la' an, ail*re to per or an act

'hich he ha, +een ,irecte, to ,o. On theother han,@ M*,geapatos conten,e, that he is a*thori2e, *n,er Sees. D an, @$*le ; o $*les o Co*rt to ,issol&e an in<*nction reinstate,+y the $TC since it appeare, that a ter the in<*nction 'asiss*e,@ there 'as a change in the sit*ation o the parties an,that a 'rit o preli inary an,atory in<*nction is aninterloc*tory or,er that re ains at all ti es 'ithin the controlo the co*rt that iss*e, it +e ore fnal <*,g ent on the eritso the case. Is the <*,ge g*ilty6 7hy6

A 1. -Mes, because a judge occupying a court that is lower in ran" thanthe RTC, owes respect to the latter and is bound by the disposition ordecision of said appellate court upon a petition for re iew of an orderissued by him. ;is act of re ersing the #nal judgment of the RTCinstead of complying with his mandatory and ministerial duty of e$ecuting the same, is the height of audacity, arrogance andpresumption on his part for if the decision of the RTC was unacceptableto the defendants, their remedy was to appeal it to a higher court.;a ing failed to do that, they, as well as the lower court, were boundby the judgment. There was no a oiding compliance with it for the e$-

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ecution of a #nal judgment is a ministerial duty of the trial court.* i6ue s. apatos, A.7. o. 7T+- /-=55, 7arch 40.

5 ( The <*,ge a, itte, that ,*ring ,ays he ha, no hearings@he staye, at his ho*se to a e so e research@ resol&e otions@

a e ,ecisions. Any'ay@ his ho*se 'as near the co*rt@ so he can+e easily reache,. Is the act o the <*,ge proper6 7hy6

A 1. - o, because a judge must report to his o(ce e en if he has nohearing on regular days. )n Circular o. 4 dated +uly @:, the1upreme Court stressed the need for punctuality and the faithfulobser ance of o(ce hours, with +udges being enjoined to strictlyobser e the re6uirement of eight *@0 hours of ser ice a day. This wasreiterated in Administrati e Circular o. of /@ +anuary @@. Alsounder the )nterim Rules )mplementing <atas Pambansa <)g. / , +udgesof the 7etropolitan Trial Courts, 7unicipal Trial Courts and 7unicipalCircuit Trial Courts are re6uired, on a rotation basis to report on1aturdays from @388 a.m. to 388 p.m. primarily to act on petitions forbail and similar matters, while all E$ecuti e +udges, whether in single ormultiple salas, are mandated to remain on duty on 1aturdayafternoons.

)n Dbaldino A. %acuron s. +udge Pablo AtienFa *Adm. 7atter o. RT+-8- 5=, +anuary /0, it was said that the law regulating court

sessions does not permit any ?day o'! from re'ular o(ce hours to enablea judge to engage e$clusi ely in research or decision-writing, no matterhow important. )n 1iasico s. 1ales *: 1CRA 4 , = S := 0, the1upreme Court stated3

GReasons o public policy, t$e preser%ation o t$e 'ood ima'e o t$e Judiciary, and a%oidance o all appearances o impropriety, require t$at a Jud'e s$ould $old oMce at t$e re'ular place o business o t$e court andnot at $is residence. A Jud'e $oldin' oMce in $is $ouse ma es criticismt$at $is oMcial actuation cannot bear public scrutiny, more particularly o $is co>oMcials in t$e local 'o%ernment. All t$ese "ould $a%e deterredrespondent rom t$e course o action $e $ad ta en $ad $e possessedsome sense o decorum and 'ood Jud'ment.G ( endo a %s. <ud'e Rodol o

abutas, <une :, 4, / S A2 /40.

5 ( An e<ect ent s*it 'as fle,. A <*,g ent 'as ren,ere,R the'rit o e0ec*tion 'as iss*e, a ter f&e ;/ years. "*rther ore@ the

o&ant 'as not a partyR nor e&en a s*+stit*te, party. Is the <*,ge g*ilty o i propriety6 7hy6

A 1. -Mes, because a judge!s o(cial conduct should be free fromthe appearance of impropriety, in his personal beha ior, not onlyupon the bench and in the performance of judicial duties, but also

189




his e eryday life, should be beyond reproach, and he shouldadminister his o(ce with due regard to the integrity of the systemof the law itself, remembering that he is not a depository of arbitrary power, but a judge under the sanction of law. *Canons 4and @, Code of +udicial Ethics0.

The mo ant had not yet been substituted as a party9 the writof demolition was issued despite the fact that his court ceased toha e authority to enforce the decision by motion. The leaste$planation is that, he was unaware of the Rules. )f he wascogniFant of said rules, then he deliberately ignored them to e$tendbene#t to a party who happened to be his compadre. )n such acase, he allowed a relationship to inOuence his action to theprejudice of the complainant. * da. 2e Coronel s. +udge 2anan, et al., Aug. , 4, 4 1CA2 /=0.

5 ( 7ho has the po'er to in&estigate a <*,ge 'ho alsife, hiscertifcate o ser&ice6

A 1. The 1upreme Court in 7aceda s. as6ueF, et al., B.R. o.8/:@ , April //, 4, held that the power to in estigate a

complaint against a judgess for alleged falsi#cation of hiscerti#cation of ser ice is lodged in the 1upreme Court, thru theCourt Administrator. The &mbudsman is powerless to do so underthe principle of separation of powers.

)f it is a criminal case, the &mbudsman has the power to in estigatethe judge.

5 ( A <*,ge ac1*itte, the acc*se, in a case or &iolationo the Central Ban Act +eca*se intent to &iolate the la''as not pro&en. He repeate, the sa e ista e in anothercase or &iolation o another special la' specifcally theatte pt tos *ggle frear s into an, o*t o the co*ntry. He 'asre o&e, t'ice. E0plain the reason.

A 1. -The reason for such dismissal twice could be traced from thefact that such mista"e cannot be ascribed to a simple mista"e of

judgment but to gross ignorance of the law, if not deliberatedisregard of the same. )t is tantamount to "nowingly renderingunjust and incorrect judgment. A judge should be the embodimentof competence, integrity and independence. ;e should be faithful tothe law and maintain professional competence. *Padilla s. 2iFon,

5@ 1CRA /:9 1enior 1tate Prosecutor +o encito unio, +r. s. 2iFon, +une /4, 4, / 1CA2 =8 0.

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$ep*+lic o the PhilippinesS*pre e Co*rt

7anila

E <A C

A.7. o. 8/-@- 4-1C

>>9 $*les on #otarial Practice

RE1&%DT)&

Acting on the compliance dated 85 +uly /88 and on the proposed Rules onotarial Practice of /88 1ubmitted by the 1ub-Committee for the 1tudy,

2rafting and >ormulation of the Rules Bo erning the Appointment of otariesPublic and the Performance and E$ercise of Their &(cial >unctions, of theCommittees on Re ision of the Rules of Court and on %egal Education and <ar7atters, the Court Resol ed to APPR& E the proposed Rules on otarial Practiceof /88 , with modi#cations, thus3

:;;< R=LES ON NOTARIAL PRACTICE

R=LE IIMPLEMENTATION

1ECT)& . Title. - These Rules shall be "nown as the /88 Rules onotarial Practice.

1EC. /. Purposes. - These Rules shall be applied and construed to ad ancethe following purposes3

to promote, ser e, and protect public interest9*b0 to simplify, clarify, and moderniFe the rules go erning notaries

public9 and

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*c0 to foster ethical conduct among notaries public.

1EC. 4. )nterpretation. - Dnless the conte$t of these Rules otherwiseindicates, words in the singular include the plural, and words in the pluralinclude the singular.

R=LE IIDEFINITIONS

1ECT)& . Ac"nowledgment. - ?Ac"nowledgment? refers to an act inwhich an indi idual on a single occasion3

*a0 appears in person before the notary public and presents anintegrally complete instrument or document9*b0 is attested to be personally "nown to the notary public or

identi#ed by the notary public through competent e idence of identity as de#ned by these Rules9 and

*c0 represents to the notary public that the signature on theinstrument or document was oluntarily a($ed by him for thepurposes stated in the instrument or document, declares that hehas e$ecuted the instrument or document as his free and oluntaryact and deed, and, if he acts in a particular representati e capacity,that he has the authority to sign in that capacity.

1EC. /. A(rmation or &ath. - The term ?A(rmation? or ?&ath? refers to anact in which an indi idual on a single occasion3

(a) appears in person before the notary public9(b) is personally "nown to the notary public or identi#ed by the

notary public through competent e idence of identity as de#nedby these Rules9 and

(c) a ows under penalty of law to the whole truth of the contents of the instrument or document.

1EC. 4. Commission. - ?Commission? refers to the grant of authority toperform notarial acts and to the written e idence of the authority.

1EC. . Copy Certi#cation. - ?Copy Certi#cation? refers to a notarial act inwhich a notary public3

*a0is presented with an instrument or document that is neither aital record, a public record, nor publicly recordable9

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*b0copies or super ises the copying of the instrument or document9*c0 compares the instrument or document with the copy9 and*d0determines that the copy is accurate and complete.

1EC. 5. otarial Register. - ? otarial Register? refers to a permanentlybound boo" with numbered pages containing a chronological record of notarial acts performed by a notary public.

1EC. =. +urat. - ?+urat? refers to an act in which an indi idual on a singleoccasion3

*a0appears in person before the notary public and presents aninstrument or document9

*b0is personally "nown to the notary public or identi#ed by thenotary public through competent e idence of identity as de#nedby these Rules9

*c0 signs the instrument or document in the presence of the notary9and*d0ta"es an oath or a(rmation before the notary public as to such

instrument or document.

1EC. :. otarial Act and otariFation. - ? otarial Act? and ? otariFation?refer to any act that a notary public is empowered to perform under theseRules.

1EC. @. otarial Certi#cate. - ? otarial Certi#cate? refers to the part of, orattachment to, a notariFed instrument or document that is completed by

the notary public, bears the notary!s signature and seal, and states thefacts attested to by the notary public in a particular notariFation aspro ided for by these Rules.

1EC. . otary Public and otary. - ? otary Public? and ? otary? refer toany person commissioned to perform o(cial acts under these Rules.

1EC. 8. Principal. - ?Principal? refers to a person appearing before thenotary public whose act is the subject of notariFation.

1EC. . Regular Place of Nor" or <usiness. - The term ?regular place of

wor" or business? refers to a stationary o(ce in the city or pro incewherein the notary public renders legal and notarial ser ices.

1EC. /. Competent E idence of )dentity. - The phrase Icompetente idence of identity? refers to the identi#cation of an indi idual based on3

at least one current identi#cation document issued by an o(cialagency bearing the photograph and signature of the indi idual9

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, the oath or a(rmation of one credible witness not pri y to theinstrument, document or transaction who is personally "nown tothe notary public and who personally "nows the indi idual, or oftwo credible witnesses neither of whom is pri y to theinstrument, document or transaction who each personally "nows

the indi idual and shows to the notary public documentaryidenti#cation.

1EC. 4. &(cial 1eal or 1eal. - ?&(cial seal? or ?1eal? refers to a de icefor a($ing a mar", image or impression on all papers o(cially signed bythe notary public conforming the re6uisites prescribed by these Rules.

1EC. . 1ignature Nitnessing. - The term ?signature witnessing? refers toa notarial act in which an indi idual on a single occasion.

*a0appears in person before the notary public and presents an

instrument or document9*b0is personally "nown to the notary public or identi#ed by thenotary public through competent e idence of identity as de#nedby these Rules9 and

*c0 signs the instrument or document in the presence of the notarypublic.

1EC. 5. Court. - ?Court? refers to the 1upreme Court of the Philippines.

1EC. =. Petitioner. - ?Petitioner? refers to a person who applies for anotarial commission.

1EC. :. &(ce of the Court Administrator. - ?&(ce of the CourtAdministrator? refers to the &(ce of the Court Administrator of the1upreme Court.

1EC. @. E$ecuti e +udge. - ?E$ecuti e +udge? refers to the E$ecuti e +udge of the Regional Trial Court of a city or pro ince who issues a notarialcommission.

1EC. . endor. - ? endor? under these Rules refers to a seller of anotarial seal and shall include a wholesaler or retailer.

1EC. /8. 7anufacturer. - ?7anufacturer? under these Rules refers to onewho produces a notarial seal and shall include an engra er and sealma"er.

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$ LE III COMMISSIONIN> O" NOTARY P=,LIC

1ECT)& . uali#cations. - A notarial commission may be issued by anE$ecuti e +udge to any 6uali#ed person who submits a petition in

accordance with these Rules. To be eligible for commissioning as notary public, the petitioner3

* 0must be a citiFen of the Philippines9*/0must be o er twenty-one */ 0 years of age9*40must be a resident in the Philippines for at least one * 0 year and

maintains a regular place of wor" or business in the city orpro ince where the commission is to be issued9

* 0must be a member of the Philippine <ar in good standing withclearances from the &(ce of the <ar Con#dant of the 1upreme

Court and the )ntegrated <ar of the Philippines9 and*50must not ha e been con icted in the #rst instance of any crimein ol ing moral turpitude.

1EC. /. >orm of the Petition and 1upporting 2ocuments. - E ery petitionfor a notarial commission shall be in writing, eri#ed, and shall include thefollowing3

*a0a statement containing the petitioner!s personal 6uali#cations,including the petitioner!s date of birth, residence, telephonenumber, professional ta$ receipt, roll of attorney!s number and)<P membership number9

*b0certi#cation of good moral character of the petitioner by at leasttwo */0 e$ecuti e o(cers of the local chapter of the )ntegrated<ar of the Philippines where he is applying for commission9

*c0 proof of payment for the #ling of the petition as re6uired bythese Rules9 and

*d0three *40 passport-siFe color photographs with light bac"groundta"en within thirty *480 days of the application. The photographshould not be retouched. The petitioner shall sign his name atthe bottom part of the photographs.

1EC. 4. Application >ee. - E ery petitioner for a notarial commission shallpay the application fee as prescribed in the Rules of Court.

1EC. . 1ummary ;earing on the Petition. - The E$ecuti e +udge shallconduct a summary hearing on the petition and shall grant the same if3

*a0the petition is su(cient in form and substance9

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*b0the petitioner pro es the allegations contained in the petition9and

*c0 the petitioner establishes to the satisfaction of tile E$ecuti e +udge that he has read and fully understood these Rules.

The E$ecuti e +udge shall forthwith issue a commission and a Certi#cateof AuthoriFation to Purchase a otarial 1eal in fa or of the petitioner.

1EC. 5. otice of 1ummary ;earing.

*a0The notice of summary hearing shall be published in anewspaper of general circulation in the city or pro ince wherethe hearing shall be conducted and posted in a conspicuousplace in the o(ces of the E$ecuti e +udge and of the Cler" ofCourt. The cost of the publication shall be borne by thepetitioner. The notice may include more than one petitioner.

*b0The notice shall be substantially in the following form3

#OTICE O" HEA$I#G

#otice is here+y gi&en that a s* ary hearing on thepetition .or notarial co ission o na e o petitioner/shall +e hel, on ,ate/ at place/ at ti e/. Any person'ho has any ca*se or reason to o+<ect to the grant o thepetition ay fle a &erife, 'ritten opposition thereto@recei&e, +y the *n,ersigne, +e ore the ,ate o thes* ary hearing.

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E0ec*ti&e M*,ge

1EC. =. &pposition to Petition. - Any person who has any cause or reasonto object to the grant of the petition may #le a eri#ed written opposition

thereto. The opposition must be recei ed by the E$ecuti e +udge beforethe date of the summary hearing.

1EC. :. >orm of otarial Commission. - The commissioning of a notarypublic shall be in a formal order signed by the E$ecuti e +udgesubstantially in the following form3

$EP BLIC O" THE PHILIPPI#ES

$EGIO#AL T$IAL CO $T O" (((((((((((((((((((

This is to certi y that na e o notary p*+lic/ o reg*larplace o 'or or +*siness/ in city or pro&ince/ 'as on this

,ate/ ,ay o onth/ t'o tho*san, an, year/co issione, +y the *n,ersigne, as a notary p*+lic@ 'ithinan, or the sai, <*ris,iction@ or a ter en,ing the thirty(frst ,ay o !ece +er year/ .

JJJJJJJJJJJJJJJJJJJJJJJJ

E0ec*ti&e M*,ge

1EC. @. Period &f alidity of Certi#cate of AuthoriFation to Purchase aotarial 1eal. - The Certi#cate of AuthoriFation to Purchase a otarial 1eal

shall be alid for a period of three *40 months from date of issue, unlesse$tended by the E$ecuti e +udge.

A mar", image or impression of the seal that may be purchased by thenotary public pursuant to the Certi#cate shall be presented to theE$ecuti e +udge for appro al prior to use.

1EC. . >orm of Certi#cate of AuthoriFation to Purchase a otarial 1eal. - The Certi#cate of AuthoriFation to Purchase a otarial 1eal shallsubstantially be in the following form3

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$EP BLIC O" THE PHILIPPI#ESREGI NAL TRIAL C RT ////////////

CERTI ICATE A TH RI ATI N T $ RCHASE A N TARIAL SEAL

This is to a*thori2e na e o notary p*+lic/ o city orpro&ince/ 'ho 'as co issione, +y the *n,ersigne, as anotary p*+lic@ 'ithin an, or the sai, <*ris,iction@ or a teren,ing@ the thirty(frst o !ece +er year/ to p*rchase anotarial seal.

Iss*e, this ,ay/ o onth/ year/.

E0ec*ti&e M*,ge

1EC. 8. &(cial 1eal of otary Public. - E ery person commissioned as

notary public shall ha e only one o(cial seal of o(ce in accordance withthese Rules.

1EC. . +urisdiction and Term. - A person commissioned as notary publicmay perform notarial acts in any place within the territorial jurisdiction ofthe commissioning court for a period of two */0 years commencing the#rst day of +anuary of the year in which the commissioning is made,unless earlier re o"ed or the notary public has resigned under these Rulesand the Rules of Court.

1EC. /. Register of otaries Public. - The E$ecuti e +udge shall "eep andmaintain a Register of otaries Public in his jurisdiction which shallcontain, among others, the dates of issuance or re ocation or suspensionof notarial commissions, and the resignation or death of notaries public.

Tile E$ecuti e +udge shall furnish the &(ce of the Court Administratorinformation and data recorded in the register of notaries public. The &(ceof the Court Administrator shall "eep a permanent, complete and updateddatabase of such records.

1EC. 4. Renewal of Commission. - A notary public may #le a writtenapplication with the E$ecuti e +udge for the renewal of his commissionwithin forty-# e * 50 days before the e$piration thereof. A mar", image orimpression of the seal of the notary public shall be attached to theapplication.

>ailure to #le said application will result in the deletion of the name of thenotary public in the register of notaries public.

The notary public thus remo ed from the Register of otaries Public mayonly be reinstated therein after he is issued a new commission in

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accordance with these Rules.

1EC. . Action on Application for Renewal of Commission. - The E$ecuti e +udge shall, upon payment of the application fee mentioned in 1ection 4abo e of this Rule, act on an application for the renewal of a commissionwithin thirty *480 days from receipt thereof. )f the application is denied,the E$ecuti e +udge shall state the reasons therefor.

R=LE I)

POWERS AND LIMITATIONS OF NOT ARIES P=,LIC

1ECT)& . Powers. - *a0 A notary public is empowered to perform thefollowing notarial acts3

* 0ac"nowledgments9*/0oaths and a(rmations9*40jurats9* 0signature witnessings9*50copy certi#cations9 and*=0any other act authoriFed by these Rules.

*b0 A notary public is authoriFed to certify the a($ing of a signature bythumb or other mar" on an instrument or document presented fornotariFation if3

* 0the thumb or other mar" is a($ed in the presence of the notarypublic and of two */0 disinterested and una'ected witnesses tothe instrument or document9

*/0both witnesses sign their own names in addition to the thumb orother mar"9

*40the notary public writes below the thumb or other mar"3 ?Thumbor &ther 7ar" a($ed by *name of signatory by mar"0 in thepresence of *names and addresses of witnesses0 andundersigned notary public?9 and

* 0the notary public notariFes the signature by thumb or other mar"through an ac"nowledgment, jurat, or signature witnessing.

*c0 A notary public is authoriFed to sign on behalf of a person who isphysically unable to sign or ma"e a mar" on an instrument or documentif3

* 0the notary public is directed by the person unable to sign orma"e a mar" to sign on his behalf9

*/0the signature of the notary public is a($ed in the presence of

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two disinterested and una'ected witnesses to the instrument ordocument9

*40both witnesses sign their own names9* 0the notary public writes below this signature3 ?1ignature a($ed

by notary in presence of *names and addresses of person andtwo S/ witnesses0?9 and

*50the notary public notariFes his signature by ac"nowledgment or jurat.

1EC. /. Prohibitions. - *a0 A notary public shall not perform a notarial actoutside his regular place of wor" or business9 pro ided, howe er, that oncertain e$ceptional occasions or situations, a notarial act may beperformed at the re6uest of the parties in the following sites locatedwithin his territorial jurisdiction3

* 0public o(ces, con ention halls, and similar places where oaths of

o(ce may be administered9*/0public function areas in hotels and similar places for the signingof instruments or documents re6uiring notariFation9

*40hospitals and other medical institutions where a party to aninstrument or document is con#ned for treatment9 and

* 0any place where a party to an instrument or document re6uiringnotariFation is under detention.

*b0 A person shall not perform a notarial act if the person in ol ed as -signatory to the instrument or document V

* 0is not in the notary!s presence personally at the time o the

notariFation9 and*/0is not personally "nown to the notary public or otherwiseidenti#ed by the notary public through competent e idence of identity as de#ned by these Rules.

1EC. 4. 2is6uali#cations. - A notary public is dis6uali#ed from performinga notarial act if he3

*a0is a party to the instrument or document that is to be notariFed9*b0will recei e, as a direct or indirect result, any commission, fee,

ad antage, right, title, interest, cash, property, or other

consideration, e$cept as pro ided by these Rules and by law9 or*c0 is a spouse, common-law partner, ancestor, descendant, orrelati e by a(nity or consanguinity of tile principal within thefourth ci il degree.

1EC. . Refusal to otariFe. - A notary public shall not perform anynotarial act described in these Rules for any person re6uesting suchan act e en if he tenders the appropriate fee speci#ed by these

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Rules if3

*a0the notary "nows or has good reason to belie e that the notarialact or transaction is unlawful or immoral9

*b0the signatory shows a demeanor which engenders in the mind ofthe notary public reasonable doubt as to the former!s "nowledgeof the conse6uences of the transaction re6uiring a notarial act9and

*c0 in the notary!s judgment, the signatory is not acting o his or herown free will.

1EC. 5. >alse or )ncomplete Certi#cate. - A notary public shall not3*a0 e$ecute a certi#cate containing information "nown or belie edby the notary to be false.*b0 a($ an o(cial signature or seal on a notarial certi#cate that isincomplete.

1EC. =. )mproper )nstruments or 2ocuments. - A notary public shall notnotariFe3

(a) a blan" or incomplete instrument or document9(b) an instrument or document without appropriate notarial

certi#cation.

$ LE

FEES O" NOTARY P=,LIC

1ECT)& . )mposition and Nai er of >ees. - >or performing a notarialact, a notary public may charge the ma$imum fee as prescribed by thesupreme Court unless he wai es the fee in whole or in part.

1EC. /. Tra el >ees and E$penses. - A notary public may charge tra elfees and e$penses separate and apart from the notarial fees prescribed inthe preceding section when tra eling to perform a notarial act if thenotary public and the person re6uesting the notarial act agree prior to thetra el.

1EC. 4. Prohibited >ees. - o fee or compensation of any "ind, e$ceptthose e$pressly prescribed and allowed herein, shall be collected orrecei ed for any notarial ser ice.

1EC. . Payment or Refund of >ees. - A notary public shall not re6uirepayment of any fees speci#ed herein prior to the performance of a

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notarial act unless otherwise agreed upon.

Any tra el fees and e$penses paid to a notary public prior to theperformance of a notarial act are not subject to refund if the notary publichad already tra eled but failed to complete in whole or in part the notarialact for reasons beyond his control and without negligence on his part.

1EC. 5. otice of >ees. - A notary public who charges a fee for notarialser ices shall issue a receipt registered with the <ureau of )ntemalRe enue and "eep a journal of notarial fees. ;e shall enter in the journalall fees charged for ser ices rendered.

A notary public shall post in a conspicuous place in his o(ce a completeschedule of chargeable notarial fees.

R=LE )I

NOTARIAL RE>ISTER

1ECT)& . >orm of otarial Register. - *a0 A notary public shall "eep,maintain, protect and pro ide for lawful inspection as pro ided in theseRules, a chronological o(cial notarial register of notarial acts consisting of a permanently bound boo" with numbered pages.

The register shall be "ept in boo"s to be furnished by the 1olicitor Beneral

to any notary public upon re6uest and upon payment of the cost thereof. The register shall be duly paged, and on the #rst page, the 1olicitorBeneral shall certify the number of pages of which the boo" consists.

>or purposes of this pro ision, a 7emorandum of Agreement orDnderstanding may be entered into by the &(ce of the 1olicitor Beneraland the &(ce of the Court Administrator.

*b0 A notary public shall "eep only one acti e notarial register at anygi en time.

1EC. /. Entries in the otarial Register. - *a0 >or e ery notarial act, thenotary shall record in the notarial register at the time of notariFation thefollowing3

(1) the entry number and page number9(2) the date and time of day of the notarial act9(3) the type of notarial act9

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(4) the title or description of the instrument, document orproceeding9

(5) the name and address of each principal9(6) the competent e idence of identity as de#ned by these Rules if

the signatory is not personally "nown to the notary(7) the name and address of each credible witness swearing to or

a(rming the person!s identity9(8) the fee charged for the notarial act9(9) the address where the notariFation was performed if not in the

notary!s regular place of wor" or business9 and(10) any other circumstance the notary public may deem of

signi#cance or rele ance.

*b0 A notary public shall record in the notarial register the reasons andcircumstances for not completing a notarial act.

*c0 A notary public shall record in the notarial register the circumstancesof any re6uest to inspect or copy an entry in the notarial register,including the re6uester!s name, address, signature, thumbmar" or otherrecogniFed identi#er, and e idence of identity. The reasons for refusal toallow inspection or copying of a journal entry shall also be recorded.

*d0 Nhen the instrument or document is a contract, the notary public shall"eep an original copy thereof as part of his records and enter in saidrecords a brief description of the substance thereof and shall gi e to eachentry a consecuti e number, beginning with number one in each calendaryear. ;e shall also retain a duplicate original copy for the Cler" of Court.

*e0 The notary public shall gi e to each instrument or document e$ecuted,sworn to, or ac"nowledged before him a number corresponding to the onein his register, and shall also state on the instrument or document thepages of his register on which the same is recorded. o blan" line shall beleft between entries.

*f0 )n case of a protest of any draft, bill of e$change or promissory note,the notary public shall ma"e a full and true record of all proceedings inrelation thereto and shall note therein whether the demand for the sum of money was made, by whom, when, and where9 whether he presented

such draft, bill or note9 whether notices were gi en, to whom and in whatmanner9 where the same was made, when and to whom and wheredirected9 and of e ery other fact touching the same.

*g0 At the end of each wee", the notary public shall certify in his notarialregister the number of instruments or documents e$ecuted, sworn to,ac"nowledged, or protested before him9 or if none, this certi#cate shallshow this fact.

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*h0 A certi#ed copy of each month!s entries and a duplicate original copyof any instrument ac"nowledged before the notary public shall, within the#rst ten * 80 days of the month following, be forwarded to the Cler" ofCourt and shall be under the responsibility of such o(cer. )f there is noentry to certify for the month, the notary shall forward a statement to thise'ect in lieu of certi#ed copies herein re6uired.

1EC. 4. 1ignatures and Thumbmar"s. - At the time of notariFation, thenotary!s notarial register shall be signed or a thumb or other mar" a($edby each3

*a0principal9*b0credible witness swearing or a(rming to the identity of a

principal9 and*c0 witness to a signature by thumb or other mar", or to a signing by

the notary public on behalf of a person physically unable to sign.1EC. . )nspection, Copying and 2isposal. - *a0 )n the notary!s presence,any person may inspect an entry in the notarial register, during regularbusiness hours, pro ided9

(1) the person!s identity is personally "nown to the notary public orpro en through competent e idence of identity as de#ned inthese Rules9

(2) the person a($es a signature and thumb or other mar" or otherrecogniFed identi#er, in the notarial register in a separate, datedentry9

(3) the person speci#es the month, year, type of instrument ordocument, and name of the principal in the notarial act or actssought9 and

(4) the person is shown only the entry or entries speci#ed by him.

*b0 The notarial register may be e$amined by a law enforcement o(cer inthe course of an o(cial in estigation or by irtue of a court order.

*c0 )f the notary public has a reasonable ground to belie e that a personhas a criminal intent or wrongful moti e in re6uesting information from

the notarial register, the notary shall deny access to any entry or entriestherein.

1EC. 5. %oss, 2estruction or 2amage of otarial Register. - *a0 )n case thenotarial register is stolen, lost, destroyed, damaged, or otherwiserendered unusable or illegible as a record of notarial acts, the notarypublic shall, within ten * 80 days after informing the appropriate lawenforcement agency in the case of theft or andalism, notify the

204




E$ecuti e +udge by any means pro iding a proper receipt orac"nowledgment, including registered mail and also pro ide a copy ornumber of any pertinent police report.

*b0 Dpon re ocation or e$piration of a notarial commission, or death of thenotary public, the notarial register and notarial records shall immediatelybe deli ered to the o(ce of the E$ecuti e +udge.

1EC. =. )ssuance of Certi#ed True Copies. - The notary public shall supplya certi#ed true copy of the notarial record, or any part thereof, to anyperson applying for such copy upon payment of the legal fees.

R=LE )II

SI>NA T=RE AND SEAL O" NOTARY P=,LIC1ECT)& . &(cial 1ignature. - )n notariFing a paper instrument ordocument, a notary public shall3

*a0sign by hand on the notarial certi#cate only the name indicatedand as appearing on the notary!s commission shall3

*b0not sign using a facsimile stamp or printing de ice9 and*c0 a($ his o(cial signature only at the time the notarial act is

performed.

1EC. /. &(cial 1eal. - *a0 E ery person commissioned as notary publicshall ha e a seal of o(ce, to be procured at his own e$pense, which shallnot be possessed or owned by any other person. )t shall be of metal,circular in shape, two inches in diameter, and shall ha e the name of thecity or pro ince and the word ?Philippines? and his own name on themargin and the roll of attorney!s number on the face thereof, with thewords ?notary public? across the center. A mar", image or impression ofsuch seal shall be made directly on the paper or parchment on which thewriting appears.

*b0 The o(cial seal shall be a($ed only at the time the notarial act is

performed and shall be clearly impressed by the notary public on e erypage of the instrument or document notariFed.

*c0 Nhen not in use, the o(cial seal shall be "ept safe and secure andshall be accessible only to the notary public or the person duly authoriFedby him.

*d0 Nithin # e *50 days after the o(cial seal of a notary public is stolen,

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lost, damaged or other otherwise rendered unser iceable in a($ing alegible image, the notary public, after informing the appropriate lawenforcement agency, shall notify the E$ecuti e +udge in writing, pro idingproper receipt or ac"nowledgment, including registered mail, and in thee ent of a crime committed, pro ide a copy or entry number of theappropriate police record. Dpon receipt of such notice. if found in order bythe E$ecuti e +udge, the latter shall order the notary public to causenotice of such loss or damage to be published, once a wee" for three *40consecuti e wee"s, in a newspaper of general circulation in the city orpro ince where the notary public is commissioned. Thereafter. theE$ecuti e +udge shall issue to the notary public a new Certi#cate ofAuthoriFation to Purchase a otarial 1eal.

*e0 Nithin # e *50 days after the death or resignation of the notary public,or the re ocation or e$piration of a notarial commission, the o(cial sealshall be surrendered to the E$ecuti e +udge and shall be destroyed or

defaced in public during o(ce hours. )n the e ent that the missing, lost ordamaged seal is later found or surrendered, it shall be deli ered by thenotary public to the E$ecuti e +udge to be disposed of in accordance withthis section. >ailure to e'ect such surrender shall constitute contempt ofcourt. )n the e ent of death of the notary public, the person in possessionof the o(cial seal shall ha e the duty to surrender it to the E$ecuti e

+udge.

1EC. 4. 1eal )mage. - The notary public shall a($ a single, clear, legible,permanent, and photographically reproducible mar", image or impressionof the o(cial seal beside his signature on the notarial certi#cate of a

paper instrument or document.1EC. . &btaining and Pro iding 1eal. - *a0 A endor or manufacturer ofnotarial seals may not sell said product without a written authoriFationfrom the E$ecuti e +udge.

*b0 Dpon written application and after payment of the application fee, theE$ecuti e +udge may issue an authoriFation to sell to a endor ormanufacturer of notarial seals after eri#cation and in estigation of thelatter!s 6uali#cations. The E$ecuti e +udge shall charge an authoriFationfee in the amount of PhP ,888 for the endor and PhP @,888 for the

manufacturer. )f a manufacturer is also a endor, he shall only pay themanufacturer!s authoriFation fee.

*c0 The authoriFation shall be in e'ect for a period of four * 0 years fromthe date of its issuance and may be renewed by the E$ecuti e +udge for asimilar period upon payment of the authoriFation fee mentioned in thepreceding paragraph.

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*d0 A endor or manufacturer shall not sell a seal to a buyer e$cept uponsubmission of a certi#ed copy of the commission and the Certi#cate ofAuthoriFation to Purchase a otarial 1eal issued by the E$ecuti e +udge. Anotary public obtaining a new seal as a result of change of name shallpresent to the endor or manufacturer a certi#ed copy of the Con#rmationof the Change of ame issued by the E$ecuti e +udge.

*e0 &nly one seal may be sold by a endor or manufacturer for eachCerti#cate of AuthoriFation to Purchase a otarial 1eal.

*f0 After the sale, the endor or manufacturer shall a($ a mar", image orimpression of the seal to the Certi#cate of AuthoriFation to Purchase a

otarial 1eal and submit the completed Certi#cate to the E$ecuti e +udge.Copies of the Certi#cate of AuthoriFation to Purchase a otarial 1eal andthe buyer!s commission shall be "ept in the #les of the endor ormanufacturer for four * 0 years after the sale.

*g0 A notary public obtaining a new seal as a result of change of nameshall present to the endor a certi#ed copy of the order con#rming thechange of name issued by the E$ecuti e +udge.

R=LE )IIINOTARIAL CERTIFICA TES

1ECT)& . >orm of otarial Certi#cate. - The notarial form used for any

notarial instrument or document shall conform to all the re6uisitesprescribed herein, the Rules of Court and all other pro isions of issuancesby the 1upreme Court and in applicable laws.

1EC. /. Contents of the Concluding Part of the otarial Certi#cate. V Thenotarial certi#cate shall include the following3

*a0the name of the notary public as e$actly indicated in thecommission9

, the serial number of the commission of the notary public9 *c0 thewords ? otary Public? and the pro ince or city where the notarypublic is commissioned, the e$piration date of the commission,the o(ce address of the notary public9 and *d0 the roll ofattorney!s number, the professional ta$ receipt number and theplace and date of issuance thereof, and the )<P membershipnumber.

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R=LE I?

CERTIFICA TE OF A=THORITY OF NOTARIES P=,LIC

1ECT)& . Certi#cate of Authority for a otarial Act. - A certi#cate of

authority e idencing the authenticity of the o(cial seal and signature of anotary public shall be issued by the E$ecuti e +udge upon re6uest insubstantially the following form3

CE$TI"ICATE O" A THO$IT "O$ A #OTA$IAL ACT

), *name, title, jurisdiction of the E$ecuti e +udge0, certify that*name of notary public0, the person named in the seal andsignature on the attached document, is a otary Public in and forthe *CityG7unicipalityGPro ince0 of the Republic of the Philippinesand authoriFed to act as such at the ti e o the ,oc* ent-s

notari2ation. I# 7IT#ESS 7HE$EO"@ I ha&e a30e, +elo' y signat*rean, seal o this o3ce this ,ate/ ,ay o onth/ year/.

JJJJJJJJJJJJJJJJJ *o(cial signature0

*seal of E$ecuti e +udge0

R=LECHAN>ES O" STAT=S O" NOTARY P=,LIC

1ECT)& . Change of ame and Address.

Nithin ten * 80 days after the change of name of the notary publicby court order or by marriage, or after ceasing to maintain theregular place of wor" or business, the notary public shall submit asigned and dated notice of such fact to the E$ecuti e +udge.

The notary public shall not notariFe until3

*a0he recei es from the E$ecuti e +udge a con#rmation of thenew name of the notary public andGor change of regularplace of wor" or business9 and

*b0a new seal bearing the new name has been obtained.

The foregoing notwithstanding, until the aforementioned steps ha e beencompleted, the notary public may continue to use the former name or

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regular place of wor" or business in performing notarial acts for three *40months from the date of the change, which may be e$tended once for

alid and just cause by the E$ecuti e +udge for another period note$ceeding three *40 months.

1EC. /. Resignation. - A notary public may resign his commission bypersonally submitting a written, dated and signed formal notice to theE$ecuti e +udge together with his notarial seal, notarial register andrecords. E'ecti e from the date indicated in the notice, he shallimmediately cease to perform notarial acts. )n the e ent of his incapacityto personally appear, the submission of the notice may be performed byhis duly authoriFed representati e.

1EC. 4. Publication of Resignation. - The E$ecuti e +udge shallimmediately order the Cler" of Court to post in a conspicuous place in theo(ces of the E$ecuti e +udge and of the Cler" of Court the names of

notaries public who ha e resigned their notarial commissions and thee'ecti e dates of their resignation.

R=LE ?IRE)OCA T@ON O" COMMISSION AND DISCIPLINARY SANCTIONS

1ECT)& . Re ocation and Administrati e 1anctions. - *a0 The E$ecuti e +udge shall re o"e a notarial commission for any ground on which anapplication for a commission may be denied.

*b0 )n addition, the E$ecuti e +udge may re o"e the commission of, orimpose appropriate administrati e sanctions upon, any notary public who3

* 0fails to "eep a notarial register9*/0fails to ma"e the proper entry or entries in his notarial register

concerning his notarial acts9*40fails to send the copy of the entries to the E$ecuti e +udge within

the #rst ten * 80 days of the month following9* 0fails to a($ to ac"nowledgments the date of e$piration of his

commission9*50fails to submit his notarial register, when #lled, to the E$ecuti e

+udge9*=0fails to ma"e his report, within a reasonable time, to theE$ecuti e +udge concerning the performance of his duties, asmay be re6uired by the judge9

*:0fails to re6uire the presence of a principal at the time of thenotarial act9

*@0fails to identify a principal on the basis of personal "nowledge orcompetent e idence9

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* 0e$ecutes a false or incomplete certi#cate under 1ection 5, Rule) 9

* 80 "nowingly performs or fails to perform any other actprohibited or mandated by these Rules9 and

* 0 commits any other dereliction or act which in the judgment ofthe E$ecuti e +udge constitutes good cause for re ocation ofcommission or imposition of administrati e sanction.

*c0 Dpon eri#ed complaint by an interested, a'ected or aggrie edperson, the notary public shall be re6uired to #le a eri#ed answer to thecomplaint. )f the answer of the notary public is not satisfactory, theE$ecuti e +udge shall conduct a summary hearing. if the allegations of thecomplaint are not pro en, the complaint shall be dismissed. )f the chargesare duly established, the E$ecuti e +udge shall impose the appropriateadministrati e sanctions. in either case, the aggrie ed party may appealthe decision to the 1upreme Court for re iew. Pending the appeal, an

order imposing disciplinary sanctions shall be immediately e$ecutory,unless otherwise ordered by the 1upreme Court.

*d0 The E$ecuti e +udge may motu proprio initiate administrati eproceedings against a notary public, subject to the procedures prescribedin paragraph *c0 abo e and impose the appropriate administrati esanctions on the grounds mentioned in the preceding paragraphs *a0 and*b0.

1EC. /. 1uper ision and 7onitoring of otaries Public. - The E$ecuti e +udge shall at all times e$ercise super ision o er notaries public and shall

closely monitor their acti ities.1EC. 4. Publication of Re ocations and Administrati e 1anctions. - TheE$ecuti e +udge shall immediately order the Cler" of Court to post in aconspicuous place in the o(ces of the E$ecuti e +udge and of the Cler" ofCourt the names of notaries public who ha e been administrati elysanctioned or whose notarial commissions ha e been re o"ed.

1EC. . 2eath of otary Public. - )f a notary public dies before ful#lling theobligations in 1ection *e0, Rule ) and 1ection /*e0, Rule )), theE$ecuti e +udge, upon being noti#ed of such death, shall forthwith cause

compliance with the pro isions of these sections.

R=LE ?IISPECIAL PRO)ISIONS

1ECT)& . Punishable Acts. - The E$ecuti e +udge shall cause theprosecution of any person who3

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*a0 "nowingly acts or ott erwise impersonates a notary public.*b0 "nowingly obtains, conceals, defaces, or destroys the seal,

notarial register, or o(cial records of a notary public9 and*c0"nowingly solicits, coerces, or in any way inOuences a notary

public to commit o(cial misconduct.1EC /. Reports to the 1upreme Court. - The E$ecuti e +udge concernedshall submit semestral reports to the 1upreme Court on discipline andprosecution of notaries public.

R=LE ?IIIREPEALIN> AND EFFECTI)ITY PRO)ISIONS

1ECT)& R l All l d t f l i l di g i f

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